Title 45, Chapter 20, Section 4
( 45-20-4)
(a) There is created the position of commissioner of personnel
administration. The commissioner shall be appointed by the Governor
after consultation with the State Personnel Board subject to
confirmation by the Senate. The Governor shall fix the compensation
of the commissioner, who shall serve at the pleasure of the
Governor. (b) The duties and responsibilities of the commissioner shall be: (1) To serve as executive secretary to the board, to attend
meetings as directed by the board, and to provide such
professional, technical, and other supportive assistance as may be
required by the board in the performance of its duties; (2) Consistent with board policy, to administer the operations of
the state merit system and to otherwise act in the capacity of
chief executive officer of the state personnel administration
program; (3) To submit to the Governor the rules and regulations adopted by
the State Personnel Board effectuating the state merit system.
Such rules and regulations when approved by the Governor shall
have the force and effect of law and shall be binding upon the
state departments covered by this article and shall include
provisions for the establishment and maintenance of classification
and compensation plans, the conduct of examinations, and the
establishment of registers of persons eligible for employment, the
certification of eligible persons, appointments, promotions,
transfers, demotions, separations, tenure, reinstatement, appeals,
reports of performance, payroll certification, employee training,
and all other phases of personnel administration. Such rules and
regulations shall define and prohibit improper political activity
by any departmental employee of the State Personnel Board or any
employee covered under the terms of this article and shall provide
that there shall be no discrimination for or against any person or
employee in any manner, to include, but not be limited to, hiring,
discharge, compensation, benefits, terms or conditions of
employment, promotion, job classification, transfer, privileges,
or demotion because of political affiliation, religious
affiliation, race, creed, national origin, sex, age between 40 and
70 years, or physical disability. Such rules and regulations
shall conform to the minimum standards for merit systems of
personnel administration as specified by those federal departments
from which federal funds are obtained for use by the several state
departments covered by this article. Compensation plans and
modifications thereto promulgated under the rules and regulations
of the commissioner shall become effective as adopted upon
approval of the director of the Office of Planning and Budget; (4) To administer the rules and regulations and all other
operational aspects of the state merit system and to assure
compliance therewith in all departments; (5) To appoint and prescribe the duties of the merit system staff; (6) To establish an annual budget covering all the costs of
operating the State Merit System of Personnel Administration
including the State Personnel Board, and the costs of
administering such federal laws relating to personnel
administration as the Governor may direct including the
Intergovernmental Personnel Act of 1970, and to determine an
equitable basis of prorating the annual costs among the several
departments covered by the State Merit System of Personnel
Administration, provided that upon approval of such budget by the
Governor, the Governor shall be empowered to direct that the
necessary pro rata share of the several assessed departments
concerned be made available for expenditure by the state merit
system in the same manner as appropriated funds are expended by
other departments of the state; (7) To ensure compliance with all applicable state and federal
statutes and regulations concerning discrimination in employment,
personnel administration, and related matters; (8) To cooperate with appointing authorities in the administration
of this article in order to promote public service and establish
conditions of service which will attract and retain employees of
character and ability and to increase efficiency and economy in
governmental departments by improving the methods of personnel
administration with full recognition of the requirements and needs
of management; and (9) To appoint and prescribe the duties of a deputy commissioner
of personnel administration who shall be the second highest
executive officer in the state merit system and the deputy
executive secretary to the State Personnel Board; and to appoint
and prescribe the duties of such other assistant commissioners of
personnel administration as the commissioner deems appropriate.
The deputy commissioner and the assistant commissioners shall be
in the unclassified service and any of them shall have the
authority to perform any duty assigned to the commissioner if
delegated to them by the commissioner. |