Maine § 5 §7082 Powers and duties of the State Civil Service Appeals Board

Maine Statutes

§ 5 §7082 — Powers and duties of the State Civil Service Appeals Board

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 17-A CIVIL SERVICE·Ch. 372 STATE CIVIL SERVICE SYSTEM

The State Civil Service Appeals Board shall be an impartial board and:

1.Administer subchapter. Shall administer this subchapter. In exercising its authority, the board may adopt policies and procedures to administer this subchapter. The appeals board shall employ, subject to the Civil Service Law, assistants as may be necessary to carry out this subchapter;

2.Adopt rules. Shall adopt rules necessary to effectuate the purposes of this subchapter;

3.Report. Shall report biennially to the Governor and Legislature facts and recommendations relating to the administration and needs of the board;

4.Mediate grievances and disputes. May mediate the final settlement of all grievances and disputes between individual state employees, both classified and unclassified, and their respective state ag

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The State Civil Service Appeals Board shall be an impartial board and:
1.
Administer subchapter.
Shall administer this subchapter. In exercising its authority, the board may adopt policies and procedures to administer this subchapter. The appeals board shall employ, subject to the Civil Service Law, assistants as may be necessary to carry out this subchapter;
2.
Adopt rules.
Shall adopt rules necessary to effectuate the purposes of this subchapter;
3.
Report.
Shall report biennially to the Governor and Legislature facts and recommendations relating to the administration and needs of the board;
4.
Mediate grievances and disputes.
May mediate the final settlement of all grievances and disputes between individual state employees, both classified and unclassified, and their respective state agencies. All complaints between a state employee and the state agency by which the state employee is employed must be made and heard in the manner provided by this chapter for the mediation and settlement of the complaints. During the procedure for settlement, an employee may be represented at each step by a designated representative. The decision of the appeals board is final and binding upon the state agency and state employees involved in the dispute and supersedes any prior action taken by the state agency with reference to the employment and working conditions of the employees.
5.
Hear appeals.
May hear appeals in accordance with this subchapter. Except where otherwise provided by a governing bargaining agreement, any employee or appointing authority aggrieved by the determination of the State Human Resources Officer concerning the classification of positions, the allocation of new positions or the reallocation of existing positions in the classified service may appeal from the determination to the State Civil Service Appeals Board. The appeal must be made within 30 days after receipt of written notice of the determination from the officer. The employee or appointing authority, or the employee's or appointing authority's representative, must be afforded a public hearing before the appeals board. The appeals board shall examine and review the appeal and, upon the vote of at least 3 of its members, make changes in such classification, allocation or reallocation as may be just and equitable. Determinations of the appeals board must be transmitted to the State Budget Officer, the State Human Resources Officer and the employees and department heads affected by the determinations.

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