§ 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.

History of Section. (P.L. 1978, ch. 205, art. XII, § 1; P.L. 1994, ch. 333, § 1; P.L. 2000, ch. 479, § 1; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1.)