§ 36-4-2 - Positions in unclassified service.

SECTION 36-4-2

   § 36-4-2  Positions in unclassifiedservice. – The classified service shall comprise all positions in the state service nowexisting or hereinafter established, except the following specific positionswhich with other positions heretofore or hereinafter specifically exempted bylegislative act shall constitute the unclassified service:

   (1) Officers and legislators elected by popular vote andpersons appointed to fill vacancies in elective offices.

   (2) Employees of both houses of the general assembly.

   (3) Officers, secretaries, and employees of the office of thegovernor, office of the lieutenant governor, department of state, department ofthe attorney general, and the treasury department.

   (4) Members of boards and commissions appointed by thegovernor, members of the state board of elections and the appointees of theboard, members of the commission for human rights and the employees of thecommission, and directors of departments.

   (5) The following specific offices:

   (i) In the department of administration: director, chiefinformation officer;

   (ii) In the department of business regulation: director;

   (iii) In the department of elementary and secondaryeducation: commissioner of elementary and secondary education;

   (iv) In the department of higher education: commissioner ofhigher education;

   (v) In the department of health: director;

   (vi) In the department of labor and training: director,administrative assistant, administrator of the labor board and legal counsel tothe labor board;

   (vii) In the department of environmental management: director;

   (viii) In the department of transportation: director;

   (ix) In the department of human services: director;

   (x) In the state properties committee: secretary;

   (xi) In the workers' compensation court: judges,administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

   (xii) In the department of elderly affairs: director;

   (xiii) In the department of mental health, retardation, andhospitals: director;

   (xiv) In the department of corrections: director, assistantdirector (institutions/operations), assistant director (rehabilitativeservices), assistant director (administration), and wardens;

   (xv) In the department of children, youth and families:director, one assistant director, one associate director, and one executivedirector;

   (xvi) In the public utilities commission: public utilitiesadministrator;

   (xvii) In the water resources board: general manager;

   (xviii) In the human resources investment council: executivedirector.

   (xix) In the office of health and human services: secretaryof health and human services.

   (6) Chief of the hoisting engineers, licensing division, andhis or her employees; executive director of the veterans memorial building andhis or her clerical employees.

   (7) One confidential stenographic secretary for each directorof a department and each board and commission appointed by the governor.

   (8) Special counsel, special prosecutors, regular and specialassistants appointed by the attorney general, the public defender and employeesof his or her office, and members of the Rhode Island bar occupying a positionin the state service as legal counsel to any appointing authority.

   (9) The academic and/or commercial teaching staffs of allstate institution schools, with the exception of those institutions under thejurisdiction of the board of regents for elementary and secondary education andthe board of governors for higher education.

   (10) Members of the military or naval forces, when enteringor while engaged in the military or naval service.

   (11) Judges, referees, receivers, clerks, assistant clerks,and clerical assistants of the supreme, superior, family, and district courts,the traffic tribunal, jurors and any persons appointed by any court.

   (12) Election officials and employees.

   (13) Administrator, executive high sheriff, sheriffs, chiefdeputy sheriffs, deputy sheriffs, and other employees of the sheriff's divisionwithin the department of administration and security officers of the traffictribunal.

   (14) Patient or inmate help in state charitable, penal, andcorrectional institutions and religious instructors of these institutions andstudent nurses in training, residents in psychiatry in training, and clinicalclerks in temporary training at the institute of mental health within the stateof Rhode Island medical center.

   (15) Persons employed to make or conduct a temporary andspecial inquiry, investigation, project or examination on behalf of thelegislature or a committee therefor, or on behalf of any other agency of thestate if the inclusion of these persons in the unclassified service is approvedby the personnel administrator. The personnel administrator shall notify thehouse fiscal advisor and the senate fiscal advisor whenever he or she approvesthe inclusion of a person in the unclassified service.

   (ii) The duration of the appointment of a person, other thanthe persons enumerated in this section, shall not exceed ninety (90) days oruntil presented to the department of administration. The department ofadministration may extend the appointment another ninety (90) days. In no eventshall the appointment extend beyond one hundred eighty (180) days.

   (16) Members of the division of state police within thedepartment of public safety.

   (17) Executive secretary of the Blackstone Valley districtcommission.

   (18) Artist and curator of state owned art objects.

   (19) Mental health advocate.

   (20) Child advocate.

   (21) The position of aquaculture coordinator and marineinfrastructure specialist within the coastal resources management council.

   (22) Employees of the office of the health insurancecommissioner.

   (23) In the department of revenue: the director, secretary,attorney.

   (24) In the department of public safety: the director.