CHAPTER 1.8. STATE PERSONNEL DEPARTMENT
IC 4-15-1.8
Chapter 1.8. State Personnel Department
IC 4-15-1.8-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Department" refers to the state personnel departmentestablished in section 2 of this chapter.
(2) "Director" refers to the state personnel director.
(3) "State agency" means an authority, board, branch,commission, committee, department, division, or otherinstrumentality of state government, but does not include:
(A) a state educational institution;
(B) a state elected official's office;
(C) the legislative and judicial branches of state government;or
(D) the state police department.
As added by Acts 1981, P.L.30, SEC.3. Amended by Acts 1982,P.L.23, SEC.7; P.L.2-2007, SEC.42.
IC 4-15-1.8-2
Establishment
Sec. 2. Department Established. There is established a statepersonnel department.
As added by Acts 1981, P.L.30, SEC.3.
IC 4-15-1.8-3
Director
Sec. 3. Director. (a) The governor shall appoint a director who isresponsible for administering the department.
(b) The director shall:
(1) serve at the governor's pleasure;
(2) have his compensation set by the state budget agency; and
(3) if required by the governor, execute and furnish a bondconditioned upon:
(A) the faithful discharge and performance of the duties ofthe employment; and
(B) the accurate accounting of public funds that come intothe director's control or custody.
As added by Acts 1981, P.L.30, SEC.3.
IC 4-15-1.8-4
Employees
Sec. 4. Employees. The director may hire qualified individuals tocarry out the department's responsibilities, subject to the budgetagency's approval under IC 4-12-1-13 and subject to IC 4-15-2 andthe rules that implement it.
As added by Acts 1981, P.L.30, SEC.3. Amended by Acts 1982,P.L.23, SEC.8.
IC 4-15-1.8-5
Bond of employees
Sec. 5. Employee Bond. The director may require an employee oragent of the department to execute and furnish a bond conditionedupon:
(A) the faithful discharge and performance of the duties of theemployment; and
(B) the accurate accounting of public funds that come into thatemployee's or agent's control or custody.
As added by Acts 1981, P.L.30, SEC.3.
IC 4-15-1.8-6
Powers
Sec. 6. The department may do the following:
(1) Acquire, sell, own, or lease property in the name of the statein order to carry out its responsibilities.
(2) Adopt rules under IC 4-22-2 to carry out its responsibilities.
(3) Adopt a seal.
(4) Contract with persons outside the department to do thosethings that in the director's opinion cannot be adequately orefficiently handled by the department.
(5) Sue and be sued.
(6) Hire, with the approval of the attorney general, attorneys.
(7) Administer oaths.
(8) Take depositions.
(9) Issue subpoenas.
(10) Develop and implement a wellness program for stateemployees on state property.
As added by Acts 1981, P.L.30, SEC.3. Amended by P.L.32-1989,SEC.1.
IC 4-15-1.8-7
Duties
Sec. 7. (a) The department shall do the following:
(1) Develop personnel policies, methods, procedures, andstandards for all state agencies.
(2) Formulate, establish, and administer position classificationplans and salary and wage schedules, all subject to finalapproval by the governor.
(3) Allocate positions in the state agencies to their properclassifications.
(4) Approve employees for transfer, demotion, promotion,suspension, layoff, and dismissal.
(5) Rate employees' service.
(6) Arrange with state agency heads for employee training.
(7) Investigate the need for positions in the state agencies.
(8) Promulgate and enforce personnel rules.
(9) Make and administer examinations for employment and forpromotions.
(10) Maintain personnel records and a roster of the personnel of
all state agencies.
(11) Render personnel services to the political subdivisions ofthe state.
(12) Investigate the operation of personnel policies in all stateagencies.
(13) Assist state agencies in the improvement of their personnelprocedures.
(14) Conduct a vigorous program of recruitment of qualifiedand able persons for the state agencies.
(15) Advise the governor and the general assembly oflegislation needed to improve the personnel system of this state.
(16) Furnish any information and counsel requested by thegovernor or the general assembly.
(17) Establish and administer an employee training and careeradvancement program.
(18) Administer the state personnel law, IC 4-15-2.
(19) Institute an employee awards system designed to encourageall state employees to submit suggestions that will reduce thecosts or improve the quality of state agencies.
(20) Survey the administrative organization and procedures,including personnel procedures, of all state agencies, andsubmit to the governor measures to secure greater efficiencyand economy, to minimize the duplication of activities, and toeffect better organization and procedures among state agencies.
(21) Establish, implement, and maintain the state aggregateprescription drug purchasing program established underIC 16-47-1, as approved by the budget agency.
(b) Salary and wage schedules established by the departmentunder subsection (a) must provide:
(1) for the establishment of overtime policies, which mustinclude:
(A) definition of overtime;
(B) determination of employees or classes eligible forovertime pay;
(C) procedures for authorization;
(D) methods of computation;
(E) procedures for payment; and
(F) a provision that there shall be no mandatory adjustmentsto an employee's established work schedule in order to avoidthe payment of overtime; and
(2) that an appointing authority is not required to reduce thesalary of an employee who is demoted, unless the appointingauthority determines that the salary reduction is warranted fordisciplinary reasons or other good cause.
(c) The state personnel advisory board shall advise the directorand cooperate in the improvement of all the personnel policies of thestate.
(d) The department shall establish programs of temporaryappointment for employees of state agencies. A program establishedunder this subsection must contain at least the following provisions: (1) A temporary appointment may not exceed one hundredeighty (180) working days in any twelve (12) month period.
(2) The department may allow exceptions to the prohibition insubdivision (1) with the approval of the state budget agency.
(3) A temporary appointment in an agency covered by IC 4-15-2is governed by the procedures of that chapter.
(4) A temporary appointment does not constitute creditableservice for purposes of the public employees' retirementprogram under IC 5-10.2 and IC 5-10.3. However, an employeewho served in an intermittent form of temporary employmentafter June 30, 1986, and before July 1, 2003, shall receivecreditable service for the period of temporary employment.
As added by Acts 1981, P.L.30, SEC.3. Amended by Acts 1982,P.L.23, SEC.9; P.L.12-1983, SEC.6; P.L.224-2003, SEC.39;P.L.50-2004, SEC.1; P.L.158-2006, SEC.1.
IC 4-15-1.8-8
Repealed
(Repealed by P.L.3-1989, SEC.20.)