members of state civil service commission; state personnel director; duties of
commission; collective bargaining for state police troopers and sergeants; appointments,
promotions, demotions, or removals; increases or reductions in compensation; creating
or abolishing positions; recommending compensation for unclassified service;
appropriation; reports of expenditures; annual audit; payment for personal services;
violation; injunctive or mandamus proceedings.
Sec. 5.
The classified state civil service shall consist of all positions in the state service except
those filled by popular election, heads of principal departments, members of boards and
commissions, the principal executive officer of boards and commissions heading principal
departments, employees of courts of record, employees of the legislature, employees of the
state institutions of higher education, all persons in the armed forces of the state, eight exempt
positions in the office of the governor, and within each principal department, when requested
by the department head, two other exempt positions, one of which shall be policy-making. The
civil service commission may exempt three additional positions of a policy-making nature
within each principal department.
The civil service commission shall be non-salaried and shall consist of four persons, not
more than two of whom shall be members of the same political party, appointed by the
governor for terms of eight years, no two of which shall expire in the same year.
The administration of the commission's powers shall be vested in a state personnel director
who shall be a member of the classified service and who shall be responsible to and selected
by the commission after open competitive examination.
The commission shall classify all positions in the classified service according to their
respective duties and responsibilities, fix rates of compensation for all classes of positions,
approve or disapprove disbursements for all personal services, determine by competitive
examination and performance exclusively on the basis of merit, efficiency and fitness the
qualifications of all candidates for positions in the classified service, make rules and
regulations covering all personnel transactions, and regulate all conditions of employment in
the classified service.
State Police Troopers and Sergeants shall, through their elected representative designated
by 50% of such troopers and sergeants, have the right to bargain collectively with their
employer concerning conditions of their employment, compensation, hours, working
conditions, retirement, pensions, and other aspects of employment except promotions which
will be determined by competitive examination and performance on the basis of merit,
efficiency and fitness; and they shall have the right 30 days after commencement of such
bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof
the same as now provided by law for Public Police and Fire Departments.
No person shall be appointed to or promoted in the classified service who has not been
certified by the commission as qualified for such appointment or promotion. No appointments,
promotions, demotions or removals in the classified service shall be made for religious, racial
or partisan considerations.
Increases in rates of compensation authorized by the commission may be effective only at
the start of a fiscal year and shall require prior notice to the governor, who shall transmit such
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increases to the legislature as part of his budget. The legislature may, by a majority vote of the
members elected to and serving in each house, waive the notice and permit increases in rates
of compensation to be effective at a time other than the start of a fiscal year. Within 60
calendar days following such transmission, the legislature may, by a two-thirds vote of the
members elected to and serving in each house, reject or reduce increases in rates of
compensation authorized by the commission. Any reduction ordered by the legislature shall
apply uniformly to all classes of employees affected by the increases and shall not adjust pay
differentials already established by the civil service commission. The legislature may not
reduce rates of compensation below those in effect at the time of the transmission of increases
authorized by the commission.
The appointing authorities may create or abolish positions for reasons of administrative
efficiency without the approval of the commission. Positions shall not be created nor abolished
except for reasons of administrative efficiency. Any employee considering himself aggrieved
by the abolition or creation of a position shall have a right of appeal to the commission
through established grievance procedures.
The civil service commission shall recommend to the governor and to the legislature rates
of compensation for all appointed positions within the executive department not a part of the
classified service.
To enable the commission to exercise its powers, the legislature shall appropriate to the
commission for the ensuing fiscal year a sum not less than one percent of the aggregate payroll
of the classified service for the preceding fiscal year, as certified by the commission. Within
six months after the conclusion of each fiscal year the commission shall return to the state
treasury all moneys unexpended for that fiscal year.
The commission shall furnish reports of expenditures, at least annually, to the governor and
the legislature and shall be subject to annual audit as provided by law.
No payment for personal services shall be made or authorized until the provisions of this
constitution pertaining to civil service have been complied with in every particular. Violation
of any of the provisions hereof may be restrained or observance compelled by injunctive or
mandamus proceedings brought by any citizen of the state.§ § 5Classified state civil service; scope; exempted positions; appointment and terms of
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.