§ 36-4-16.2. Duties and responsibilities of the department of administration.
(a) It is the duty of the department of administration to maintain a pay plan for unclassified
employees of the state, including any rules and regulations that are necessary to
implement and complement the plan. In maintaining the pay plan, it will be the duty
of the department of administration to allocate all new unclassified positions to
existing grades within the plan, and to review at least once annually all existing
unclassified positions and to reallocate those positions within the pay plan as it
deems proper. No new unclassified position shall be created or
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§ 36-4-16.2. Duties and responsibilities of the department of administration.
(a) It is the duty of the department of administration to maintain a pay plan for unclassified
employees of the state, including any rules and regulations that are necessary to
implement and complement the plan. In maintaining the pay plan, it will be the duty
of the department of administration to allocate all new unclassified positions to
existing grades within the plan, and to review at least once annually all existing
unclassified positions and to reallocate those positions within the pay plan as it
deems proper. No new unclassified position shall be created or allocated or reallocated
to any grade within the plan unless state agency and department heads have been afforded
the opportunity to make recommendations regarding the proposed changes; provided further,
however that any unclassified position that has been vacant for more than twelve (12)
months shall be canceled and removed from the unclassified pay plan unless within
that twelve (12) months the person having supervisory authority over the position
requests an extension, in which case the department of administration may approve
an extension of not more than twelve (12) months; and provided further, that employees,
appointing authorities, and the general public, shall be afforded an opportunity at
a public hearing to provide testimony, orally and in writing, regarding the changes,
prior to the department's submission of recommendations to the governor. The agenda
for the public hearing shall include a summary of the proposed changes. Hearings conducted
pursuant to this section shall be subject to the provisions of chapter 46 of title 42.
(b) The department of administration, notwithstanding any provision to the contrary, shall
only have the authority to make recommendations to the governor. The governor shall
approve and adopt the plan with such changes as he or she may deem necessary. Following
approval by the governor, all unclassified pay plan changes shall be included in the
normal budget process in the appropriate section of the personnel supplement.
(c) When the pay plan and regulations have been adopted they shall constitute the official
pay schedule for the positions in the unclassified service. Thereafter, no person
in the unclassified service shall be paid a salary that is greater than the maximum
or less than the minimum rates fixed by the approved pay plan and regulations or by
amendments thereto, nor shall salary adjustments for unclassified employees made by
the department of administration during its review exceed two (2) grades per year
at the maximum of the grade; provided, however, that unclassified employees shall
be entitled to all monetary additives accorded other state employees, including, but
not limited to, longevity and incentive training awards.