§ 36-4-16.2 - Duties and responsibilities of the department of administration.
SECTION 36-4-16.2
§ 36-4-16.2 Duties and responsibilities ofthe department of administration. – (a) It is the duty of the department of administration to maintain a pay planfor unclassified employees of the state, including any rules and regulationsthat are necessary to implement and complement the plan. In maintaining the payplan, it will be the duty of the department of administration to allocate allnew unclassified positions to existing grades within the plan, and to review atleast once annually all existing unclassified positions and to reallocate thosepositions within the pay plan as it deems proper. No new unclassified positionshall be created or allocated or reallocated to any grade within the planunless state agency and department heads have been afforded the opportunity tomake recommendations regarding the proposed changes; provided further, howeverthat any unclassified position that has been vacant for more than twelve (12)months shall be canceled and removed from the unclassified pay plan unlesswithin that twelve (12) months the person having supervisory authority over theposition requests an extension, in which case the department of administrationmay approve an extension of not more than twelve (12) months; and providedfurther, that employees, appointing authorities, and the general public, shallbe afforded an opportunity at a public hearing to provide testimony, orally andin writing, regarding the changes, prior to the department's submission ofrecommendations to the governor. The agenda for the public hearing shallinclude a summary of the proposed changes. Hearings conducted pursuant to thissection shall be subject to the provisions of chapter 46 of title 42.
(b) The department of administration, notwithstanding anyprovision to the contrary, shall only have the authority to makerecommendations to the governor. The governor shall approve and adopt the planwith such changes as he or she may deem necessary. Following approval by thegovernor, all unclassified pay plan changes shall be included in the normalbudget process in the appropriate section of the personnel supplement.
(c) When the pay plan and regulations have been adopted theyshall constitute the official pay schedule for the positions in theunclassified service. Thereafter, no person in the unclassified service shallbe paid a salary that is greater than the maximum or less than the minimumrates fixed by the approved pay plan and regulations or by amendments thereto,nor shall salary adjustments for unclassified employees made by the departmentof administration during its review exceed two (2) grades per year at themaximum of the grade; provided, however, that unclassified employees shall beentitled to all monetary additives accorded other state employees, including,but not limited to, longevity and incentive training awards.