reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-8. - Rules — Amendments.

§ 36-4-8. Rules — Amendments.
(a)
The personnel administrator shall recommend such rules as he or she may consider necessary, appropriate, or desirable to carry out the provisions of this chapter and chapter 3 of this title and may from time to time recommend amendments thereto. When the rules or amendments are recommended by the personnel administrator, the director shall hold a public hearing thereon, and shall have power to approve or reject the recommendations of the personnel administrator wholly or in part or to modify them and approve them as so modified. The director shall give notice of the hearing at least fourteen (14) calendar days prior to the date of the hearing. Rules or amendments thereto which are approved by the director, shall be submitted to the governor, who shall have power to approve them, with or without modification or to reject them. The rules or amendments thereto shall become effective when approved by the governor. Rules adopted under this section shall have the force and effect of law.
(b)
Rules promulgated pursuant to this section shall not change conditions of employment in a unit covered by a collective bargaining agreement.
History of Section.
P.L. 1939, ch. 661, § 8; P.L. 1952, ch. 2975, § 10; G.L. 1956, § 36-4-8; P.L. 1989, ch. 284, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-9. - Adoption of classification plan.

§ 36-4-9. Adoption of classification plan.
The personnel administrator shall, after consultation with appointing authorities and principal supervising officials, classify all of the positions in the classified service according to the duties and responsibilities of each position. The plan of classification shall designate an appropriate title for each class of position and shall indicate the education, experience, capacity, knowledge, skill, and other qualifications to be required of persons appointed to positions in each class. The complete classification plan shall be so arranged that all positions that are substantially similar with respect to authority, responsibility, and character of work are included within the same class and that the same pay schedules can be made to apply with equity under like working conditions. The class titles so established shall be used in all personnel, accounting, budget, appropriation, and financial records of all state departments, commissions, and institutions.
History of Section.
P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-9.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-10. - Changes in plan — Notice of establishment of new positions.

§ 36-4-10. Changes in plan — Notice of establishment of new positions.
Additional classes may be established and existing classes may be divided, combined, altered, or abolished upon recommendation of the personnel administrator, recommendation by the director after public hearing, and approval by the governor. This action may be initiated either by the personnel administrator, the director, or on request of an appointing authority. Appointing authorities intending to establish new positions shall so notify the personnel administrator, and except as otherwise provided in this chapter, no person shall be appointed to or employed for a new position until it has been properly classified as herein provided and an appropriate list established therefor.
History of Section.
P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-10.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-11. - Allocation of positions to classes within plan.

§ 36-4-11. Allocation of positions to classes within plan.
After the adoption of the classification plan by the governor, the personnel administrator shall allocate every position in the classified service to one of the classes established by the plan. Thereafter, whenever new positions are authorized and created, whenever the duties and responsibilities of existing positions change, or whenever the classification plan is amended, the personnel administrator shall allocate or reallocate the affected positions and shall determine the status of employees affected by the action in accordance with the personnel rules.
History of Section.
P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-11.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-12. - Repealed.

§ 36-4-12. Repealed.
History of Section.
P.L. 1952, ch. 2975, § 25; G.L. 1956, § 36-4-12; Repealed by P.L. 1984, ch. 208, § 5, effective May 8, 1984.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-13. - Submission of proposed pay plan for classified service.

§ 36-4-13. Submission of proposed pay plan for classified service.
The personnel administrator shall submit to the director a proposed pay plan showing for each class of position in the classified service minimum and maximum salary rates and such intermediate rates as he or she deems desirable. In arriving at these rates he or she shall take into consideration the advice and suggestions of appointing authorities and other supervising officials, prevailing rates for comparable service in other public employment and in private business, the current cost of living, and the state’s financial policies, conditions, and appropriations.
History of Section.
P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-13.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-14. - Adoption of pay plan.

§ 36-4-14. Adoption of pay plan.
(a)
After reasonable opportunity to be heard has been given to employees, appointing authorities, and the general public, and after incorporating any modification, change, or amendment he or she considers desirable, the director shall submit the plan to the governor who shall approve and adopt the plan with such changes as he or she deems necessary and order its application to all positions in the classified service. When the governor has adopted the pay plan, it shall constitute the official pay schedule for positions in the classified service; thereafter, no person in the classified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed in the approved pay plan or by amendments thereto, or by the personnel rules. Notwithstanding the provisions of this section or any other section of this chapter, upon successful completion of a four-course curriculum incentive in-service training program approved by the personnel administrator, a state employee hired before July 1, 2001 shall be granted a one-step pay increment next above the current base step, or if the employee is at the maximum of the grade the employee shall receive a pay increment equal in amount to the last step in the pay grade, the increment to be retained, separate and apart from any salary or longevity increase that the employee may at that time or thereafter receive.
(b)
Upon leaving state service, upon choosing an educational incentive plan provided for in the Personnel Rules or upon choosing to participate in another recognized educational incentive plan, a state employee’s eligibility for the one-step pay increase described in subsection (a) shall cease.
(c)
Unless otherwise provided in the general laws, state employees hired on or after July 1, 2001 shall be eligible only for the educational incentive plan as provided for in the Personnel Rules. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.
History of Section.
P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-14; P.L. 1965, ch. 212, § 1; P.L. 1984, ch. 208, § 1; P.L. 2001, ch. 77, art. 27, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-14.1. - Ineligibility for other incentive payments.

§ 36-4-14.1. Ineligibility for other incentive payments.
Any person receiving an incentive pay increase increment under this chapter is ineligible to benefit from any other educational incentive program such as contained in chapter 28.1 of title 42, §§ 42-28.4-1, 42-56.1-1, and 8-4.1-1, or any other chapter relating to an educational incentive pay program. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.
History of Section.
P.L. 1984, ch. 208, § 3; P.L. 2001, ch. 77, art. 27, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-15. - Changes in pay plan for classified service — New classes.

§ 36-4-15. Changes in pay plan for classified service — New classes.
Pay rates shall be established for new classes of positions, and amendments to the existing pay plan may be made upon recommendation of the personnel administrator, recommendation of the director, after public hearing, and approval by the governor. This action may be initiated by the director, the personnel administrator, or at the request of an appointing authority.
History of Section.
P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-15.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-16. - Unclassified pay plan board — Abolishment — Transfer of functions.

§ 36-4-16. Unclassified pay plan board — Abolishment — Transfer of functions.
Upon the effective date of this section [June 20, 2005], the unclassified pay plan board shall be abolished, and all powers, duties and obligations of the board conferred thereon pursuant to the provisions of this chapter shall be transferred to and administered by the department of administration. Any reference to the unclassified pay plan board within the general laws shall now be construed to refer to the department of administration.
History of Section.
P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-16; P.L. 1965, ch. 212, § 1; P.L. 1973, ch. 60, § 2; P.L. 1973, ch. 61, § 1; P.L. 1976, ch. 171, § 2; P.L. 1978, ch. 205, art. XII, § 1; P.L. 1988, ch. 456, § 1; P.L. 1988, ch. 637, § 1; P.L. 2001, ch. 180, § 76; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-16.1. - Repealed.

§ 36-4-16.1. Repealed.
History of Section.
P.L. 1978, ch. 205, art. XII, § 1; P.L. 1979, ch. 174, art. XII, § 1; Repealed by P.L. 2005, ch. 51, § 2; P.L. 2005, ch. 52, § 2, effective June 20, 2005.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-16.3. - Repealed.

§ 36-4-16.3. Repealed.
History of Section.
P.L. 1978, ch. 205, art. XII, § 1; Repealed by P.L. 2005, ch. 51, § 2; P.L. 2005, ch. 52, § 2, effective June 20, 2005.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-16.5. - Certain unclassified positions excluded.

§ 36-4-16.5. Certain unclassified positions excluded.
Sections 36-4-16.2 and 36-4-16.4 of this chapter shall have no application to those positions enumerated in subdivisions 36-4-2(1), 36-4-2(2) and 36-4-2(3), and the department of administration shall have no jurisdiction over the status, tenure or salaries of those said enumerated positions.
History of Section.
P.L. 2005, ch. 51, § 3; P.L. 2005, ch. 52, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-17. - Preparation of employment lists.

§ 36-4-17. Preparation of employment lists.
The personnel administrator shall, as in his or her estimation the need requires, prepare for the several classes of positions in the classified service statewide or regional lists of persons eligible for original appointment to positions in those classes. Each employment list shall include the names of those persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class or classes for which the list is prepared.
History of Section.
P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-17.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-17.1. - Longevity payments.

§ 36-4-17.1. Longevity payments.
A state employee in the classified or unclassified service who terminates employment and is subsequently reemployed by the state, notwithstanding any rule, regulation, or provision of the general laws to the contrary, shall be eligible to receive an aggregate longevity increase for the period of initial employment. The provisions of this section shall be applied retroactively to those persons reemployed prior to June 1, 1980, and thereafter.
History of Section.
P.L. 1981, ch. 409, § 1; P.L. 2011, ch. 151, art. 8, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-17.2. - Future longevity payments.

§ 36-4-17.2. Future longevity payments.
Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for state employees; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the employee shall continue to receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
History of Section.
P.L. 2011, ch. 151, art. 8, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-19. - Placement of names on employment lists — Listing of veterans.

§ 36-4-19. Placement of names on employment lists — Listing of veterans.
(a)
The names of all persons attaining the minimum final earned rating established by the personnel administrator shall be placed upon the employment list in the order of their ratings; provided, however, that there shall be added to the final earned ratings of examinees who are veterans in competitive tests for entrance into the classified service, but not for promotion in the service, who receive at least the minimum required final earned rating as stated in the public notice, service credits amounting to five (5) points for veterans or service credits amounting to ten (10) points for disabled veterans. On all employment lists, the letter “V” shall be placed opposite the name of each veteran as defined in chapter 3 of this title, who, by reason of his or her final earned rating, is entitled to have his or her name placed on an employment list, and the letters “DV” shall be placed opposite the name of each disabled veteran, as defined in chapter 3 of this title, who, by reason of his or her final earned rating is entitled to have his or her name placed on the list.
(b)
For the purposes of this section:
(1)
“War veteran” means any veteran of any conflict war, undeclared war or contingency operation who has earned a campaign ribbon or expeditionary medal for his or her service, in these operations, as noted on acceptable military documentation. The war veteran must have been honorably or generally discharged from the armed forces of this nation.
(2)
“Veteran” means a person who served on active duty for other than training for a period of more than thirty (30) days and was discharged or released there from with other than a dishonorable discharge; or was discharged or released from active duty because of a service-connected disability; or served as a member of the national guard or reserve forces and served a minimum of twenty (20) years of honorable service in the national guard or reserve forces, has received a certificate of retirement and has been honorably or generally discharged from the national guard or reserve forces.
History of Section.
P.L. 1939, ch. 661, § 11; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-19; P.L. 1992, ch. 156, § 3; P.L. 2012, ch. 420, § 1; P.L. 2012, ch. 485, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-20. - Duration of employment lists.

§ 36-4-20. Duration of employment lists.
Each employment list shall remain in force until exhausted, until replaced, or combined with a more recently prepared list or until two (2) years from the date of its preparation, except that the personnel administrator may extend the duration of any list for a period not to exceed two (2) years.
History of Section.
P.L. 1939, ch. 661, § 11; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-20; P.L. 1981, ch. 335, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-21. - Open continuous competitive tests.

§ 36-4-21. Open continuous competitive tests.
The personnel administrator may use open continuous competitive tests to establish lists and fill vacancies in an agency or agencies where there is a continued shortage of available qualified persons or where there is a manifest imbalance of minorities (as currently defined in employment law as Blacks, Hispanics, American Indians including Alaska Natives, and Asians including Pacific Islanders) in the job category. Open continuous competitive tests shall be subject to the conditions established in this chapter for the preparation of employment lists.
History of Section.
P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-21; P.L. 1994, ch. 133, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-22. - Promotion examinations and lists.

§ 36-4-22. Promotion examinations and lists.
(a)(1)
Promotional examinations shall be conducted in the same manner as open competitive examinations subject to the following conditions:
(i)
A person is eligible for promotional examination provided the employee is currently employed in the classified, unclassified, or nonclassified service as of the official closing date of the examination announcement or twenty one (21) calendar days prior to the administration of the first phase of the examination, whichever is later, and meets one or more of the following requirements:
(A)
Any employee who holds or within three (3) years has held permanent status in the classified service;
(B)
Any employee who is serving in a probationary period as of the official closing date of the examination announcement;
(C)
A minority (as currently defined in federal employment law as Blacks, Hispanics, American Indians including Alaska Natives, and Asians including Pacific Islanders) who is a qualified exam applicant seeking entry to a classification where there is a manifest imbalance in the job category; or
(D)
Any employee who has served twelve (12) months service in the classified, unclassified, or nonclassified service and, in addition, meets the minimum requirements established in the class specification.
(ii)
Promotion lists shall remain in effect for a period of three (3) years or until exhausted or until combined with or replaced by a more recently prepared list.
(b)
This section shall not apply to the Rhode Island state police or the legislative branch of state government.
(c)
An employee who is not on the promotional list shall be eligible to take the promotional examination for the position the employee occupies.
History of Section.
P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-22; P.L. 1981, ch. 335, § 2; P.L. 1985, ch. 181, art. 38, §§ 1, 2; P.L. 1986, ch. 375, § 1; P.L. 1987, ch. 212, § 1; P.L. 1994, ch. 133, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-23. - Preferred reemployment list.

§ 36-4-23. Preferred reemployment list.
Any person in the classified service who holds permanent status and is laid off as a result of reorganization, abolishment of positions by reason of reduction of force due to lack of work or lack of funds shall be placed on the list in the order of length of service and appointment therefrom shall be in the same order.
History of Section.
P.L. 1986, ch. 418, § 3; P.L. 1991, ch. 44, art. 69, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-23.1. - Reemployment lists.

§ 36-4-23.1. Reemployment lists.
Any person who holds full status in the classified service and resigns in good standing shall be entitled to have his or her name placed on an appropriate reemployment list, provided that the person so requests in writing within three (3) years of the date of his or her termination from the state service. Any person with full status who has resigned and whose appointing authority has failed to certify that he or she has resigned in good standing or any person with full status who has been dismissed from the classified service may request in writing within three (3) years of the date of his or her termination that his or her name be placed on the appropriate reemployment list and the request may be granted at the discretion of the personnel administrator. Each name placed on a reemployment list shall be stricken therefrom at the expiration of three (3) years from the official termination date.
History of Section.
P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-23; P.L. 1986, ch. 418, § 1; P.L. 1991, ch. 44, art. 69, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-24. - Removal of disqualified names from lists.

§ 36-4-24. Removal of disqualified names from lists.
The personnel administrator may remove the name of any person from any list or lists who is physically so disabled as to be rendered unfit for performance of the required duties; or who is addicted to the use of narcotics or excessive use of intoxicating liquors; or who has been found guilty of any infamous or notoriously disgraceful conduct; or who has made false statement of material fact in his or her application; or who has terminated or retired from state service, except as provided under § 36-4-23.1; and those individuals who have had their certification notices returned with no forwarding address provided the notice was sent by certified mail.
History of Section.
P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-24; P.L. 1987, ch. 556, § 1; P.L. 1990, ch. 313, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-25. - Designation of appropriate list for filling of vacancies.

§ 36-4-25. Designation of appropriate list for filling of vacancies.
The preferred reemployment list shall have precedence over all other lists for the filling of vacancies of comparable or less comparable positions in state service until the list is exhausted. Vacancies in positions in the classified service shall be filled as far as practicable by promotional appointments. Whenever a vacancy does exist in any position in the classified service, the appointing authority may choose to use either the employment, promotion, or reemployment list to fill the vacancy and shall request the personnel administrator to certify the names of persons eligible for appointment from the designated list; provided, however, that in the event of the reorganization of a department or division, or the abolishment of a position or positions in state service, any classified employee with permanent status affected thereby shall be placed in a comparable position within the department or division. If, however, placement within the department or division is not possible, then the affected employee shall be placed in a comparable position elsewhere in state service. Whenever a position is allocated or reallocated upward, the classified employee with permanent status holding that position shall be given an opportunity to qualify for the allocated or reallocated position by taking a qualifying examination and shall be placed on leave of absence from the old position until the employee has gained status or failed to qualify for the position.
History of Section.
P.L. 1939, ch. 661, §§ 12, 14; P.L. 1941, ch. 1050, §§ 8, 9; P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-25; P.L. 1965, ch. 234, § 1; P.L. 1986, ch. 418, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-26. - Certification and appointment to positions in classified service.

§ 36-4-26. Certification and appointment to positions in classified service.
If the appointing authority has designated the employment list, the personnel administrator shall immediately certify the names of the six (6) persons standing highest thereon who are available for appointment, if there are as many as six (6) names thereon, or all the names on the list if there are less than six (6). If any of the eligibles notifies the personnel administrator that he or she is unavailable for appointment, another name shall be certified to the appointing authority. The appointing authority shall appoint one of the persons so certified to the position from the appropriate list, or in accordance with the special certification provided for in § 36-4-26.1 of this chapter. If he or she has designated the promotional list, certification shall be made in the manner prescribed for the employment list. If he or she has designated the reemployment list, the names of all available eligibles on the list shall be certified to him or her for appointment. He or she may choose from any of the names so certified. If there are as many as three (3) available eligibles certified from an employment list, a promotion list, or a reemployment list, the appointing authority shall make an appointment from one of these lists. If there are less than three (3) available eligibles certified from any of these lists, the appointing authority may choose to appoint one of the persons so certified. If the appointing authority decides not to make an appointment from any of the names so certified when there are less than three (3) available eligibles, the personnel administrator shall certify the names of three (3) available eligibles from any list which he or she shall declare to be appropriate and the appointing authority shall appoint one of the persons so certified. If there are less than three (3) available eligibles certified from an appropriate list, the appointing authority may elect to appoint one of the names so certified or may make a temporary appointment of some other person as hereinafter provided. Whenever the personnel administrator is requested to certify names to fill more than one vacancy in a given class, he or she shall certify to each of the appointing authorities concerned one additional name for each additional vacancy.
History of Section.
P.L. 1939, ch. 661, §§ 12, 14; P.L. 1941, ch. 1050, §§ 8, 9; P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-26; P.L. 1994, ch. 133, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-27. - Unlawful procurement of waiver or withdrawal.

§ 36-4-27. Unlawful procurement of waiver or withdrawal.
An appointing authority or other person who shall procure the signing of a waiver or otherwise induce an eligible to withdraw his or her name through fraud, misrepresentation, duress, or promise shall be guilty of a misdemeanor.
History of Section.
P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-27.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-28. - Probationary period.

§ 36-4-28. Probationary period.
All original appointments and promotional appointments to the classified service shall be for a probationary period of six (6) months, during which time the appointment authority shall report to the personnel administrator every sixty (60) days concerning the work of the employee and at the expiration of the probationary period unless the appointing authority files with the personnel administrator a statement in writing that the services of the employee during the probationary period have not been satisfactory and that it is not desired that he or she be continued in the service, he or she shall receive permanent status in this classification. Any employee may be dismissed by the appointing authority during the probationary period for reasons relating to the employee’s qualifications or for the good of the service stated by the appointing authority in writing and filed with the personnel administrator. The probationary period is further defined to be one hundred and thirty (130) days worked in the classified position to which the person has been appointed.
History of Section.
P.L. 1939, ch. 661, § 12; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-28; P.L. 1961, ch. 29, § 2; P.L. 1970, ch. 211, § 1; P.L. 1980, ch. 365, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-29. - Restoration to former position of promotional appointees dismissed during probation.

§ 36-4-29. Restoration to former position of promotional appointees dismissed during probation.
Any promotional appointee who is dismissed from the position to which he or she was promoted during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for his or her continuance in the position shall be restored to the position from which he or she was promoted even though it should be necessary to lay off a person holding his or her former position.
History of Section.
P.L. 1939, ch. 661, § 14; P.L. 1941, ch. 1050, § 9; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-29.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-30. - Repealed.

§ 36-4-30. Repealed.
History of Section.
P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 7; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-30; P.L. 1987, ch. 72, § 1; P.L. 1987, ch. 197, § 1; Repealed by P.L. 2007, ch. 332, § 2, effective July 6, 2007; P.L. 2007, ch. 435, § 2, effective July 6, 2007.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-32. - Emergency appointments.

§ 36-4-32. Emergency appointments.
In case of emergency, an appointing authority may request an emergency appointment of any person to any position without regard to provisions of this chapter to carry on work that must be continued in the public interest, but no such emergency appointment shall continue for more than thirty (30) working days in a twelve (12) month period nor shall successive emergency appointments be made. Approvals for these appointments shall be requested in writing in advance to the personnel administrator. The appointments must be approved by the personnel administrator and the state budget officer.
History of Section.
P.L. 1939, ch. 661, § 13; P.L. 1952, ch. 2975, § 16; G.L. 1956, § 36-4-32; P.L. 1981, ch. 335, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-33. - War duration appointments.

§ 36-4-33. War duration appointments.
Whenever in time of war a vacancy exists in any position in the classified service by reason of the position having been vacated by a person entering the armed forces of the United States or assigned to a position in a federal agency by action of the governor, the vacancy shall be filled in the manner prescribed in §§ 36-4-25 — 36-4-27; provided, however, that any appointment made to a position vacated by a person entering the armed forces of the United States in time of war shall be known as a “war duration appointment”; and any person appointed to that position shall, while he or she holds that position, be entitled to the same rights and privileges enjoyed by persons appointed to permanent positions except that those rights and privileges shall be limited by and subject to any existing prior rights of another employee on leave from that position even if the exercise of those prior rights shall result in the separation from the position of the person whose appointment bears the later date.
History of Section.
P.L. 1939, ch. 661, § 13; P.L. 1943, ch. 1350, § 1; P.L. 1952, ch. 2975, § 16; G.L. 1956, § 36-4-33.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-34. - Transfers within classified service.

§ 36-4-34. Transfers within classified service.
An appointing authority may at any time transfer any classified employee under his or her jurisdiction from one position to another in the same class of position. In every such case the appointing authority shall give written notice of his or her action to the personnel administrator, according to the rules therefor prescribed. Transfer of a classified employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority may be made subject to rules established therefor, with the approval of the personnel administrator and of both appointing authorities concerned.
History of Section.
P.L. 1939, ch. 661, § 15; P.L. 1952, ch. 2975, § 15; G.L. 1956, § 36-4-34; P.L. 1980, ch. 365, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-34.1. - Transfer of state employees.

§ 36-4-34.1. Transfer of state employees.
(a)
The director of the department of administration (the “director”) is hereby authorized to transfer any employee within the executive branch who is not covered by a collective bargaining unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable position upon the approval of the director of the department of administration and the personnel administrator. The transfers may be initially authorized for a period up to one year’s duration and may be further extended with the approval of the personnel administrator (the “personnel administrator”).
(b)
Within seven (7) days of making a transfer of any employee or further extending the duration of a transfer, the director making the transfer or the personnel administrator extending the transfer shall file a written report with the speaker of the house, the senate president, and the chairpersons of the house and senate finance committees, for each employee to be transferred. This report shall include:
(1)
The identity of the employee;
(2)
The employee’s current work position and location, and the proposed new work position and location;
(3)
The reason(s) for the employee transfer;
(4)
The specific task(s) to be assigned to and completed by the transferred employee;
(5)
An explanation of how the task(s) to be completed by the transferred employee relates to the mission of the transferee department, division, or agency; and
(6)
The anticipated duration of the employee’s transfer.
History of Section.
P.L. 1996, ch. 326, § 5; P.L. 2017, ch. 302, art. 5, § 6; P.L. 2019, ch. 88, art. 4, § 11.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-35. - Demotions.

§ 36-4-35. Demotions.
An appointing authority may demote a classified employee under his or her jurisdiction from a position in a class to a position in a lower class, subject to the personnel rules therefor prescribed. In every case the appointing authority shall give the personnel administrator and the employee written notice of his or her intention to effect the demotion not less than fifteen (15) days before the date it is intended to become effective.
History of Section.
P.L. 1939, ch. 661, § 15; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-35.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-36. - Disciplinary suspensions.

§ 36-4-36. Disciplinary suspensions.
An appointing authority may, for disciplinary purposes, suspend a classified employee without pay for a period or periods not exceeding a total of thirty (30) days in any twelve (12) month period. In every case the appointing authority shall on or before the effective date of the suspension, give written notice of his or her action to the employee and shall notify the personnel administrator not later than three (3) days after the effective date.
History of Section.
P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-36.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-37. - Layoffs — Preference for retention or reemployment.

§ 36-4-37. Layoffs — Preference for retention or reemployment.
An appointing authority may lay off a classified employee whenever he or she deems it necessary because of a material change in duties or organization, or shortage or stoppage of work or funds. In every case of layoff, the appointing authority shall, before the effective date of the layoff, give written notice of his or her action to the personnel administrator and the employee and shall certify that consideration has been given to length and quality of service of all employees in the affected class under his or her jurisdiction. No employee with full status shall be laid off while probational, provisional, or temporary employees are employed by the same appointing authority in the same class of positions. No probationary employee shall be laid off while provisional or temporary employees are employed by the same appointing authority in the same class of positions. No provisional employee shall be laid off while temporary employees are employed by the same appointing authority in the same class of positions. Nor shall any temporary appointment be made to any position in the class by the appointing authority while any employee who has been laid off by the appointing authority is available for certification from a reemployment list. Any person who has held full status and who has been laid off shall have his or her name placed on the appropriate reemployment list.
History of Section.
P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-37; P.L. 1962, ch. 197, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-38. - Dismissal.

§ 36-4-38. Dismissal.
A classified employee with temporary status may be dismissed at the pleasure of an appointing authority under the provisions of § 36-4-31. A classified employee with provisional or probationary status may be dismissed for reasons relating to the employee’s qualifications or for the good of the service. A classified employee with permanent status may be dismissed by an appointing authority whenever he or she considers the good of the service to be served thereby, stated in writing, with full and sufficient reason, and filed with the personnel administrator. Any removal or separation of an employee from the classified service not otherwise provided for in this chapter shall be deemed to be a dismissal. In every case of dismissal, the appointing authority shall on or before the effective date thereof give written notice of this action and the reason therefor to the employee and shall file a copy of the notice with the personnel administrator not later than three (3) days after the effective date.
History of Section.
P.L. 1939, ch. 661, § 16; P.L. 1941, ch. 1050, § 10; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-38; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-39. - Retirement or transfer to light duty.

§ 36-4-39. Retirement or transfer to light duty.
When an employee has become physically or mentally incapable of or unfit for the efficient performance of the duties of his or her position by reason of infirmities due to advanced age or other disability, it shall be the duty of the appointing authority to transfer the employee to less arduous duties or to order his or her retirement. The appeal procedure established for dismissals shall apply to retirements ordered under authority of this section.
History of Section.
P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-39.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-40. - Appeal from administrator to administrator of adjudication.

§ 36-4-40. Appeal from administrator to administrator of adjudication.
Any person with provisional, probationary, or permanent status who feels aggrieved by an action of the personnel administrator may, within ten (10) calendar days of the mailing of the notice of that action, make a request in writing for an appeal hearing to the administrator of adjudication for the department of administration, and be heard within fourteen (14) calendar days of receipt of the appeal request.
History of Section.
P.L. 1952, ch. 2975, § 18; G.L. 1956, § 36-4-40; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1980, ch. 188, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-40.1. - Administrator of adjudication — Duties.

§ 36-4-40.1. Administrator of adjudication — Duties.
The administrator of adjudication or his or her designee shall hear all appeals from decisions of the personnel administrator as provided in this chapter and chapter 3 of this title. The administrator of adjudication shall hear such other appeal requests as may be provided by law or as authorized by the director of the department of administration.
History of Section.
P.L. 1980, ch. 188, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-40.2. - Hearings — Appeals.

§ 36-4-40.2. Hearings — Appeals.
(a)
Immediately upon receipt of a written appeal request, the administrator of adjudication shall send a notice to all parties involved, pursuant to § 42-35-9. Hearings shall be held in an informal manner. However, the rules of evidence shall be followed whenever possible and a record of all hearings shall be made, either stenographically or by mechanical recording means.
(b)
The administrator of adjudication shall, within twenty (20) calendar days of the hearing, render a decision in writing stating all pertinent facts and issues presented at the hearing, which decision shall contain findings of fact and conclusions of law, separately stated.
(c)
Parties shall be notified either personally or by mail of the decision. Upon request, a copy of the decision shall be delivered or mailed forthwith to each party and to his or her attorney of record.
(d)
A copy of a decision and transcript of a hearing shall be forwarded to the personnel appeal board when an appeal is taken. The cost of a transcript so supplied shall be borne by the appellant.
History of Section.
P.L. 1980, ch. 188, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-41. - Appeal from administrator of adjudication to appeal board.

§ 36-4-41. Appeal from administrator of adjudication to appeal board.
Any person with provisional, probationary, or permanent status who feels aggrieved by a decision of the administrator of adjudication may, within thirty (30) calendar days of the rendering of a decision, request in writing for the personnel appeal board to review the decision or conduct a public hearing. Within thirty (30) calendar days of the receipt of the request, the personnel appeal board shall make a report of its findings and recommendations to the governor based upon the decisions of the administrator of adjudication or the testimony taken at a hearing. Copies of the report shall be forwarded to the office of labor relations within the department of administration and to the office of the administrator of adjudication. Within fifteen (15) calendar days of the receipt of the report, the governor shall make his or her decision and so notify the appellant, the personnel appeal board, administrator of adjudication, and the office of labor relations.
History of Section.
P.L. 1952, ch. 2975, § 18; G.L. 1956, § 36-4-41; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1977, ch. 64, § 1; P.L. 1980, ch. 188, § 1; P.L. 1987, ch. 212, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-42. - Appeal from appointing authority to appeal board.

§ 36-4-42. Appeal from appointing authority to appeal board.
Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person to believe that he or she had been discriminated against because of his or her race, sex, age, disability, or his or her political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision and shall notify the affected employee and other interested parties of the decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may order payment of part or all of the salary to the employee for the period of time he or she was demoted, suspended, laid off, or dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee shall be forthwith returned to his or her office or position without loss of compensation, seniority, or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall determine. The employee who is returned to his or her office or position by the appeal board following a review or public hearing shall be granted by the state of Rhode Island counsel fees, payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel is required to appear before the appeal board in the behalf of the aggrieved employee.
History of Section.
P.L. 1952, ch. 2975, § 18; P.L. 1954, ch. 3324, § 1; P.L. 1955, ch. 3605, § 1; G.L. 1956, § 36-4-42; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1967, ch. 86, § 1; P.L. 1969, ch. 126, § 1; P.L. 1975, ch. 185, § 1; P.L. 1977, ch. 64, § 1; P.L. 1986, ch. 104, § 1; P.L. 1992, ch. 212, § 2; P.L. 1997, ch. 150, § 10.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-4 - Merit System › Section 36-4-43. - Conditions of service.

§ 36-4-43. Conditions of service.
Conditions of service such as hours of work, attendance regulation, overtime, holidays, pay plan regulation, and leave regulation shall be prescribed by the personnel rules.
History of Section.
P.L. 1939, ch. 661, § 17; P.L. 1952, ch. 2975, § 19; G.L. 1956, § 36-4-43.