CHAPTER 2.5. CAREER BIPARTISAN PERSONNEL SYSTEM
IC 4-15-2.5
Chapter 2.5. Career Bipartisan Personnel System
IC 4-15-2.5-1
Definitions
Sec. 1. As used in this chapter, unless a different meaning appears
from the context:
(a) The term "director" means the state personnel director as
established by IC 4-15-1.8.
(b) The term "board" means the Indiana personnel advisory board
established by IC 4-15-1-1.
(c) The term "appointing authority" means the head of a
department, division, board, commission, person or group of persons
who has the power by law or by lawfully delegated authority to make
appointments to positions in state service.
(d) The term "political affiliation" means the political party to
which an individual recognizes a relationship either by act of primary
election voting or by affirmation of the chairman of the state
committee of the party with which the employee states he is
affiliated.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.1.) As
amended by P.L.1-1991, SEC.14.
IC 4-15-2.5-1.1
Various state personnel systems to be governed by chapter
Sec. 1.1. The personnel system of the department of insurance,
bureau of motor vehicles, department of revenue, department of
natural resources, and department of adjutant general shall be
conducted pursuant to this chapter, except that the division of audit
of the department of revenue, the conservation officers of the
department of natural resources, and the excise police of the alcohol
and tobacco commission shall maintain the political balance
established prior to July 1, 1971.
(Formerly: Acts 1972, P.L.33, SEC.2.) As amended by P.L.8-1984,
SEC.4; P.L.204-2001, SEC.4.
IC 4-15-2.5-1.5
Liberal construction of chapter; legislative intent
Sec. 1.5. (a) This chapter shall be liberally construed to effectuate
its policies and purposes so as to increase governmental efficiency
through a career bipartisan personnel system.
(b) It is not the intent of this chapter to eliminate the merit
personnel system existing on July 1, 1971, or to eliminate all
patronage personnel systems. It is the intent of this chapter to provide
a career bipartisan personnel system that may be implemented in a
department of state government where the system would produce
more efficient government and better service at less cost to the
citizens of Indiana.
As added by P.L.1-1989, SEC.12.
IC 4-15-2.5-2
State personnel board; duties
Sec. 2. (State Personnel Board; Power) The state personnel board
shall enforce, through the personnel director, the provisions of this
chapter and shall have the power to promulgate all rules necessary
for the most effective administration of a career bi-partisan personnel
system as established by this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-3
Director; duties
Sec. 3. (Director's Duties) The personnel director, in addition to
all other duties imposed by law and subject to the rules promulgated
by the board, shall administer the provisions of this chapter. The
director shall:
(1) conduct the entrance and promotion tests which are required
for the carrying out of the provisions of this chapter;
(2) verify the political affiliation of each applicant for
employment and each employee being considered for promotion
which otherwise qualify for employment or promotion;
however, no applicant or employee shall be verified if the
employment or promotion would disrupt or postpone the
attainment of the required political balance of the department or
pay classification therein unless the required political affiliation
of an applicant or employee has been waived by the board;
(3) classify all positions of employment in all agencies or
institutions operating under this chapter by the procedure
established by IC 4-15-2;
(4) develop a pay plan for all employees operating under the
provisions of this chapter, which pay plan shall be subject to the
approval of the budget agency and the Governor; and
(5) certify all individuals employed under the provisions of this
chapter as provided by IC 4-15-2, except that:
(A) The director shall certify five (5) qualified applicants
and indicate each applicant's political affiliation.
(B) If the director cannot certify the required number of
individuals with the political affiliation because there are not
enough individuals that qualified after testing, who are
willing to accept appointment or because there are peculiar
and exceptional qualifications of a scientific, professional or
educational character required for the position and it is
evident that the required number of individuals cannot be
certified, the director may authorize the appointing authority
to fill the vacancy with any individual who meets the
qualifications for the position, without regard to the
applicant's political affiliation.
(C) For positions involving unskilled or semi-skilled labor
when the character or place of the work makes it
impracticable to supply the needs of the service by
appointments made in accordance with the procedure
prescribed by this chapter, the director may make
appointments by the procedure provided by IC 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.3.) As
amended by Acts 1978, P.L.6, SEC.5; P.L.2-1995, SEC.4.
IC 4-15-2.5-4
Agency; political affiliation
Sec. 4. (Agency; Political Affiliation) No agency of state
government that operates its personnel system under the provisions
of this chapter shall have more than sixty percent (60%) of their
employees, in each pay classification, insofar as practicable, as
adherents to any one (1) political party.
For the taking effect of the political ratio required by this section,
it shall be understood that in the interest of stability of government
and continuance of service to the public, the required ratio shall be
gradually achieved. The ratio required by this chapter may be
accomplished at the convenience of each appointing authority, but in
no event shall such be delayed beyond January 1, 1973.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-5
Agency; report
Sec. 5. The appointing authority of each agency or institution that
operates under the provisions of this chapter shall submit to the
legislative council any information the legislative council requests.
To the extent possible, the information must be submitted in an
electronic format under IC 5-14-6.
(Formerly: Acts 1971, P.L.36, SEC.1.) As amended by Acts 1978,
P.L.6, SEC.6; P.L.28-2004, SEC.42.
IC 4-15-2.5-6
Employee; political activity
Sec. 6. (Employee; Political Activity) No employee that is
retained or employed under the provisions of this chapter shall be
forced to contribute to any political party or be forced to participate
in any political activity. However, this section shall not be
interpreted to prohibit the voluntary contribution of any employee to
any political party or prohibit the participation of any employee in
any political activities unless such participation interferes with the
employees performance or responsibility of his job.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-7
Employment status; political affiliation
Sec. 7. (Employment Status; Political Affiliation) Employees that
are either retained or employed under the provisions of this chapter
may be dismissed, demoted, suspended or laid off because of their
political affiliation in order to achieve the political balance required
by this chapter. It is the intent of this chapter, however, to emphasize
stability of government through continuity of employment and career
opportunity.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-8
Employment status; ability
Sec. 8. (Employment Status; Ability) Any employee may be
dismissed, demoted, suspended or laid off for cause. For the purpose
of this chapter cause shall be any action or inaction of any employee
that produces, incurs or results in the substantial diminution of the
employee's ability or willingness to perform his duties, impairs the
ability or willingness of any other employee of the institution or
agency of state government to perform his duties or brings discredit
upon the State of Indiana. Cause may include but shall not be limited
to the following: intoxication on the job; physical or mental inability
to perform the job requirements; personality characteristics which
substantially limit the employee's or his fellow employee's ability to
perform his duties, or which severely handicap the administration of
the agency or institution; and, action or inaction which severely
limits or prohibits the implementation of administrative policies.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-9
Employment status; appeal by employee
Sec. 9. (Employment Status; Appeal by Employee) Any employee
that is dismissed, demoted, suspended or laid off for cause may
appeal such action by the procedure which is now or hereinafter
provided by IC 1971, 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-10
Failure to certify; pay withholding
Sec. 10. (Failure to Certify; Pay Withholding) No public
disbursing or auditing officer nor other fiscal officer of the state shall
draw, sign, or issue, or authorize the drawing, signing or issuing of
any warrant or check upon the state treasurer or other disbursing
officer of the state, for the payment of a salary or other compensation
for personal services within the state service as defined by this
chapter, nor shall the state treasurer or other disbursing officer of the
state pay any salary or other compensation for such personal services
unless a payroll or account for such salary or other compensation,
containing the name of every person to be paid and the accounts to
be paid him has been certified by the director or a person designated
by him to the effect that the persons named on the payroll or account
are either exempt from the provisions of this chapter or have been
appointed or otherwise established in their positions according to the
provisions of this chapter, and that the payment of the amounts
shown on the payroll or account will not violate the provisions of the
pay plan or the rules pertaining thereto.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-11
Pay withholding; action by employee
Sec. 11. (Pay Withholding; Action by Employee) Any person
appointed or employed in contravention of any provision of this
chapter or of any rules, regulation or order thereunder who performs
service for which he is not paid, shall have and may maintain an
action against the officer or officers who purported so to appoint or
employ him to recover the agreed pay for such services, or the
reasonable value thereof if no pay was agreed upon. No officer shall
be reimbursed by the state at any time for any sum paid to such
person on account of such services.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-12
Wrongful failure to certify; action by employee
Sec. 12. (Wrongful Failure to Certify; Action by Employee) If the
director wrongfully withholds certification of the payroll voucher or
account of any employee, such employee may maintain a proceeding
to compel the director to certify such payroll voucher or account.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-13
Payment in violation
Sec. 13. (Payment in Violation) Any payment violating the
provisions of the pay plan or the rules pertaining thereto, or made to
a person appointed or established in his position in a manner contrary
to the provisions of this chapter may be recovered from the
appointing authority, the director, or any officer or person making
such payment, whichever is liable, or from the sureties on the official
bond for such officer or person.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-14
Payment in violation; action for recovery
Sec. 14. (Payment in Violation; Action for Recovery) Action for
such recovery may be maintained by the board or any member
thereof, any officer or employee of the state service, or any citizen of
the state.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-15
Payment in violation; money recovered
Sec. 15. (Payment in Violation; Moneys Recovered) All moneys
recovered under section 13 shall be paid into the state treasury.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-16
Payment in violation; citizen's action
Sec. 16. (Payment in Violation; Citizen's Action) Any citizen may
maintain a suit to restrain a disbursing officer from making any
payment in contravention of any provision of this chapter, or lawful
rule, regulation or order thereunder.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-17
Veterans
Sec. 17. (Veterans) All veterans of the armed forces of the United
States shall be granted a preference in employment as is now or
hereinafter provided by IC 1971, 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-18
Exemptions; administrative heads
Sec. 18. (Exemptions; Administrative Heads) (a) The
administrative head of all state agencies that operate under the
provisions of this chapter shall be exempt from the provisions of this
chapter.
(b) The administrative head of all divisions, departments,
institutions, or other major subdivision of a state agency, that
operates under the provisions of this chapter, shall be exempt from
the provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-19
Exemptions; merit employees
Sec. 19. (Exemptions: Merit Employees) Any individual that is
retained or employed in any agency which operates under the
provisions of this chapter in a position which is covered by a merit
personnel system or a separate bi-partisan personnel system created
by statute shall be exempt from the provisions of this chapter that
relate to political balance.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.4.)
IC 4-15-2.5-20
Exemptions; other positions
Sec. 20. (Exemptions; Other Positions) (a) All positions in the
state agency or any part of a state agency, which operates under the
provisions of this chapter, that determine administrative policies
shall be exempt from the provisions of this chapter by rules
promulgated by the board.
(b) One (1) personal secretary for each position that is exempt
from the provisions of this chapter by this section and section 18
shall be exempt from the provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-21
Agency request; inclusion
Sec. 21. (Agency Request; Inclusion) The administrative head of
any state agency may submit a request to the personnel director to
have his entire agency or any part thereof operate under the
provisions of this chapter. Upon the approval of the personnel board
and the Governor any state agency or any part of a state agency may
operate under the provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-22
Agency request; exemption
Sec. 22. (Agency Request; Exemption) The administrative head
of any state may submit a request to the personnel director to have
his entire agency or any part exempt from the provision of this
chapter. Upon the approval of the personnel board and the Governor
any state agency or any part thereof may be exempt from the
provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-23
Agency request; petition for change
Sec. 23. (Agency Request; Petition for Change) (a) The
administrative head of any state agency or any part thereof that
operates under the provisions of this chapter may submit a petition
to the personnel board to increase or decrease the number of
employees exempt from the provisions of this chapter.
(b) The board shall have the authority to decrease or increase the
number of employees exempt from this chapter. However, the board
shall not exempt positions which do not formulate policy and they
shall not exempt policy positions if such action would impede the
operation of the agency.
(Formerly: Acts 1971, P.L.36, SEC.2.)