CHAPTER 2. STATE MERIT EMPLOYMENT
IC 4-15-2
Chapter 2. State Merit Employment
IC 4-15-2-1
Short title
Sec. 1. This chapter shall be known and may be cited as the "StatePersonnel Act". This chapter shall be liberally construed to effectuateits policies and purposes to increase governmental efficiency, toensure the appointment of qualified persons to the state service solelyon the basis of proved merit, to offer any person a fair and equalopportunity to enter the state service, and to afford the employees instate service an opportunity for public service and individualadvancement according to fair standards of accomplishment basedupon merit principles. To these ends there is by this chapterestablished a personnel system based on merit and scientific methodsrelating to the appointment, compensation, promotion, transfer, layoff, removal, and discipline of employees and to other incidents ofstate employment.
(Formerly: Acts 1941, c.139, s.1; Acts 1965, c.369, s.1; Acts 1971,P.L.35, SEC.1; Acts 1974, P.L.7, SEC.1.) As amended by P.L.1-1990,SEC.12.
IC 4-15-2-2
Persons covered
Sec. 2. Except as provided in IC 4-15-1.8-7(d), all personscovered on January 1, 1966, by this chapter or coming under theprovisions of this chapter after January 1, 1966, shall be eligible for,shall participate in, and shall receive the benefits of the publicemployees retirement program as provided by IC 5-10.2 andIC 5-10.3.
(Formerly: Acts 1941, c.139, s.1a; Acts 1965, c.286, s.1.) Asamended by P.L.5-1984, SEC.66; P.L.224-2003, SEC.40.
IC 4-15-2-2.1
"Appointing authority" defined
Sec. 2.1. "Appointing authority" means the head of a department,division, board, commission, individual, or group of individuals whohas the power by law or by lawfully delegated authority to makeappointment to positions in the state service.
As added by P.L.1-1990, SEC.13.
IC 4-15-2-2.2
"Board" defined
Sec. 2.2. "Board" means the Indiana personnel advisory boardcreated by IC 4-15-2.
As added by P.L.1-1990, SEC.14.
IC 4-15-2-2.3
"Class" or "class of positions" defined
Sec. 2.3. "Class" or "class of positions" means a group of
positions in the state classified service sufficiently similar in duties,authority, and responsibility that:
(1) the same qualifications may reasonably be required for; and
(2) the same schedule of pay can be equitably applied to;
all positions in the group.
As added by P.L.1-1990, SEC.15.
IC 4-15-2-2.4
"Classified service" defined
Sec. 2.4. "Classified service" means all offices and positions oftrust and employment in the state service except those placed in theunclassified service by IC 4-15-2-7.
As added by P.L.1-1990, SEC.16.
IC 4-15-2-2.5
"Commission" defined
Sec. 2.5. "Commission" means the state employees appealscommission created by IC 4-15-1.5.
As added by P.L.1-1990, SEC.17.
IC 4-15-2-2.6
"Department" defined
Sec. 2.6. "Department" means the Indiana personnel advisoryboard, the state personnel director, and the employees of the boardand the director.
As added by P.L.1-1990, SEC.18.
IC 4-15-2-2.7
"Director" defined
Sec. 2.7. "Director" means the state personnel director providedfor by IC 4-15-2.
As added by P.L.1-1990, SEC.19.
IC 4-15-2-2.8
"Division of the service" defined
Sec. 2.8. "Division of the service" means:
(1) a state department;
(2) a division or branch of a state department;
(3) any agency of the state government; or
(4) a branch of the state service;
all the positions of which are under the same appointing authority.
As added by P.L.1-1990, SEC.20.
IC 4-15-2-2.9
"Eligible" defined
Sec. 2.9. "Eligible" means an individual whose name is on thereemployment, promotion, or eligible list for a given class.
As added by P.L.1-1990, SEC.21.
IC 4-15-2-3
Repealed
(Repealed by P.L.1-1990, SEC.22.)
IC 4-15-2-3.1
"Eligible list" defined
Sec. 3.1. "Eligible list" means a list of individuals who have beenfound qualified by an entrance test for appointment to a position ina particular class.
As added by P.L.1-1990, SEC.23.
IC 4-15-2-3.2
"Entrance test" defined
Sec. 3.2. "Entrance test" means a test for positions in a particularclass, admission to which is not limited to individuals employed inthe state service.
As added by P.L.1-1990, SEC.24.
IC 4-15-2-3.3
"Promotion list" defined
Sec. 3.3. "Promotion list" means a list of regular employees whohave been found qualified by a promotion test for appointment to aposition in a particular class.
As added by P.L.1-1990, SEC.25.
IC 4-15-2-3.4
"Promotion test" defined
Sec. 3.4. "Promotion test" means a test for positions in a particularclass, admission to which is limited to regular employees in theclassified service who have held a position in another class.
As added by P.L.1-1990, SEC.26.
IC 4-15-2-3.5
"Public hearing" defined
Sec. 3.5. "Public hearing" means a hearing held after notice asprovided in IC 4-15-2 in which an individual may have a reasonableopportunity to be heard.
As added by P.L.1-1990, SEC.27.
IC 4-15-2-3.6
"Reemployment list" defined
Sec. 3.6. "Reemployment list" means a list of individuals whohave been regular employees in a particular class in the state servicebut have been separated from the service and are entitled to havetheir names certified for appointment to a position in that class.
As added by P.L.1-1990, SEC.28.
IC 4-15-2-3.7
"Regular employee" defined
Sec. 3.7. "Regular employee" means an employee who has: (1) met the minimum qualifications;
(2) passed the examination;
(3) completed the working test period; and
(4) been certified by the appointing authority;
for a class of positions.
As added by P.L.1-1990, SEC.29.
IC 4-15-2-3.8
"State service" defined
Sec. 3.8. "State service" means public service by:
(1) employees and officers, including the incumbent directors,of the county offices of family and children; and
(2) employees and officers, except members of boards andcommissions or individuals hired for or appointed to, after June30, 1982, positions as appointing authorities, deputies,assistants reporting to appointing authorities, or supervisors ofmajor units within state agencies, irrespective of the title carriedby those positions, of the division of disability andrehabilitative services, division of aging, Fort Wayne StateDevelopmental Center, division of mental health and addiction,Larue D. Carter Memorial Hospital, Evansville StatePsychiatric Treatment Center for Children, Evansville StateHospital, Logansport State Hospital, Madison State Hospital,Richmond State Hospital, state department of health, IndianaSchool for the Blind and Visually Impaired, Indiana School forthe Deaf, Indiana Veterans' Home, Indiana Soldiers' and Sailors'Children's Home, Silvercrest Children's Development Center,department of correction, Westville Correctional Facility,Plainfield Juvenile Correctional Facility, PutnamvilleCorrectional Facility, Indianapolis Juvenile CorrectionalFacility, Indiana State Prison, Indiana Women's Prison,Pendleton Correctional Facility, Reception and DiagnosticCenter, Rockville Correctional Facility, Youth RehabilitationFacility, Plainfield Correctional Facility, department ofhomeland security (excluding a county emergency managementorganization and any other local emergency managementorganization created under IC 10-14-3), civil rights commission,criminal justice planning agency, department of workforcedevelopment, Indiana historical bureau, Indiana state library,division of family resources, department of child services,Indiana state board of animal health, Federal Surplus PropertyWarehouse, Indiana education employment relations board,department of labor, Indiana protection and advocacy servicescommission, commission on public records, Indiana horseracing commission, and state personnel department.
As added by P.L.1-1990, SEC.30. Amended by P.L.21-1991, SEC.1;P.L.2-1992, SEC.35; P.L.1-1993, SEC.19; P.L.4-1993, SEC.2;P.L.5-1993, SEC.13; P.L.1-1994, SEC.9; P.L.21-1995, SEC.5;P.L.12-1996, SEC.4; P.L.24-1997, SEC.1; P.L.272-1999, SEC.2;P.L.119-2000, SEC.1; P.L.215-2001, SEC.2; P.L.2-2003, SEC.15;
P.L.218-2005, SEC.2; P.L.1-2006, SEC.66; P.L.141-2006, SEC.4;P.L.145-2006, SEC.5; P.L.1-2007, SEC.15.
IC 4-15-2-4
Appointments; promotions; transfers
Sec. 4. All appointments to positions in classified service shall bemade on the basis provided in this chapter. The appointment,promotion, demotion, transfer, layoff, removal, and discipline ofemployees and other incidents of state employment with respect toeach division of the service shall be governed by the provisions ofthis chapter and every appointing authority shall, in respect tomatters of state employment, be governed and limited by the systemof personnel administration created by this chapter.
(Formerly: Acts 1941, c.139, s.3.) As amended by P.L.5-1984,SEC.67.
IC 4-15-2-5
Board; powers and duties
Sec. 5. The board is authorized and required to do the following:
(1) To make investigations concerning the enforcement andeffect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open topublic inspection.
(3) To advise the state personnel director on matters pertainingto state personnel policies and practices.
(Formerly: Acts 1941, c.139, s.6; Acts 1971, P.L.35, SEC.6; Acts1973, P.L.20, SEC.2.) As amended by Acts 1977, P.L.30, SEC.2; Acts1982, P.L.23, SEC.11.
IC 4-15-2-6
Director; powers and duties
Sec. 6. (a) The director shall direct and supervise alladministrative and technical activities. In addition to the dutiesimposed elsewhere in this chapter, the director shall do thefollowing:
(1) Establish and maintain a roster of all employees in the stateservice. Prepare or cause to be prepared and recommend aclassification and pay plan. Administer the classification andpay plan. Allocate all positions in the state service to theirproper class. Formulate eligible lists. Certify persons qualifiedfor appointment. Certify employees for transfer, demotion,promotion, suspension, layoff, and dismissal. Rate employees'services. Arrange with heads of the divisions of the service foremployee training. Attend to and perform all other dutiesimposed by this chapter.
(2) Appoint, under this chapter, such employees of thedepartment and such experts and special assistants as may benecessary to carry out effectively this chapter.
(3) Investigate systems of appointment and promotion alreadyin operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing andto be created, in the state service.
(5) Investigate from time to time the operation and effect of thischapter and of the rules and report the director's findings andrecommendations to the board.
(6) Administer, enforce, and make effective this chapter and therules. Discharge all duties imposed upon the director by theboard, and perform any other lawful acts which the directormay consider necessary or desirable to carry out the purposesof this chapter.
(b) The director shall appoint one (1) or more employees of thedepartment to be the director's deputies.
(c) The director shall employ such expert or special examiners forthe conduct of tests as may be required. The director may selectofficers or employees in the state service to act as examiners in thepreparation and rating of tests. An appointing authority may excuseany employee in the authority's division of the service from theemployee's regular duties for the time required for work as anexaminer. Officers and employees shall not be entitled to extra payfor their service as examiners, but shall be entitled to reimbursementfor necessary traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the directormay consider necessary, appropriate, or desirable to carry out thischapter.
(e) The director shall institute an employee awards systemdesigned to encourage state employees to submit suggestions thatwill reduce the costs, or improve the quality, of state services. Allfull-time employees are eligible to receive suggestion awards except:
(1) members of boards and commissions;
(2) the chief executive officer of any agency or institution, theofficer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount ofany award to be given under subsection (e). The state suggestioncommittee consists of the state personnel director, the director of thebudget agency, and the state examiner of the state board of accounts.Any officer of state who is made a member of the suggestioncommittee may delegate that responsibility to a subordinateemployee.
(Formerly: Acts 1941, c.139, s.7; Acts 1949, c.235, s.2; Acts 1971,P.L.35, SEC.7; Acts 1973, P.L.20, SEC.3; Acts 1973, P.L.21, SEC.1.)As amended by Acts 1978, P.L.6, SEC.4; Acts 1982, P.L.23, SEC.12;P.L.27-1988, SEC.1.
IC 4-15-2-7
State service; divisions
Sec. 7. (a) The state service is divided into the unclassified serviceand the classified service as follows:
(1) The unclassified part of the state service consists of the
following:
(A) All inmate help in all state penal, charitable,correctional, and benevolent institutions.
(B) One (1) confidential secretary for each chiefadministrative officer in each of the state agencies coveredby the definition of state service.
(C) The unemployment insurance review board of thedepartment of workforce development.
(2) The classified part of the state service includes all civiloffices and positions in the state service on May 1, 1941, otherthan those in the unclassified service.
(b) This section shall not be construed to include in the stateservice any person or persons who are excluded from the definitionof state service.
(Formerly: Acts 1941, c.139, s.8; Acts 1949, c.235, s.3.) As amendedby P.L.5-1984, SEC.68; P.L.18-1987, SEC.4; P.L.1-1990, SEC.31;P.L.21-1995, SEC.6.
IC 4-15-2-8
Additional agencies or institutions
Sec. 8. (a) Whenever additional agencies or institutions arebrought within the provisions of this chapter, either through aseparate statute or by amendment to this chapter, persons in suchagencies or institutions who are in and have been in positions orsimilar positions in the state service not theretofore subject to themerit provisions of this chapter shall be entitled to continue to holdsuch positions until they have an opportunity to acquire regularstatus. Persons who have been in the same or similar positions for six(6) months or more shall receive regular status by passing anoncompetitive qualifying examination for the classification towhich their position has been allocated. Persons with less than six (6)months' service in the same or similar positions shall hold theirpositions temporarily subject to the entrance examinationrequirements of this chapter. All qualifying examinations shall beheld within one (1) year after the agency or institution is broughtunder this chapter, unless the period for holding such examinationsis extended by the board with adequate reasons for such extensionmade a part of the official minutes of the board.
(b) Upon the recommendation of the director and the approval ofthe board, those employees in any department or division of the stategovernment who have been appointed under a merit systemsatisfactorily complying with the provisions of this chapter may bebrought into the classified service without examination and retaintheir existing position.
(Formerly: Acts 1941, c.139, s.9; Acts 1949, c.235, s.4.) As amendedby P.L.5-1984, SEC.69.
IC 4-15-2-9
Classified service; classification plan
Sec. 9. (a) The director, after consultation with appointing officers
and other qualified authorities, shall ascertain or cause to beascertained the duties, authority and responsibilities of all positionsin the classified service. The director shall prepare a classificationplan, which shall group all positions in the classified service inclasses, based on their duties, authority and responsibilities. Theclassification plan shall set forth, for each class of positions, the classtitle and a statement of the duties, authority and responsibilitiesthereof. Each class of positions may be subdivided, and classes maybe grouped and ranked in such manner as considered appropriate.
(b) Positions shall be reclassified or new positions classified orreallocated or new positions allocated in the same manner asprovided for original classification or allocation.
(c) As promptly as practicable after the adoption of theclassification plan, and after consultation with appointing authorities,the director shall allocate each position in the classified service to theappropriate class therein on the basis of its duties, authority andresponsibilities.
(d) The director shall periodically review the positions in eachagency and institution and shall reallocate the positions to the properclasses based on the duties and responsibilities of the position asconstituted at the time of his review. Whenever a position isreallocated to a class in a lower pay grade, the employee holding theposition at the time of the reallocation shall be paid within theestablished salary range for the class to which the position isreallocated.
(Formerly: Acts 1941, c.139, s.10; Acts 1971, P.L.35, SEC.8.) Asamended by Acts 1982, P.L.23, SEC.13; P.L.2-1995, SEC.3.
IC 4-15-2-10
Class titles
Sec. 10. Following the adoption of the classification plan and theallocation to the classes therein of positions in the classified service,the class titles or corresponding code numbers set forth therein shallbe used to designate such positions in all personnel, accounting,budget, appropriation, and financial records and communications ofall state departments, institutions and agencies. No person shall beappointed to or employed in a position in the classified service undera class title which has not been approved by the director asappropriate to the duties to be performed.
(Formerly: Acts 1941, c.139, s.11; Acts 1949, c.235, s.5.) Asamended by Acts 1982, P.L.23, SEC.14.
IC 4-15-2-11
Pay plan
Sec. 11. After consultation with the state budget agency, thedirector shall prepare and recommend to the governor a pay plan forall employees holding positions for which compensation is not fixedby law. The pay plan shall include employees in the unclassified, aswell as the classified service and shall provide, for each class ofpositions, a minimum and a maximum rate of pay and such
intermediate rates of pay as the director considers necessary orequitable. In establishing such rates, the director shall giveconsideration to the experience in recruiting for positions in the stateservice, the prevailing rates of pay for the service performed, and forcomparable services in public and private employment, living costs,maintenance or other benefits received by employees, and the state'sfinancial condition and policies. The pay plan shall take effect whenapproved by the state budget agency and accepted by the governor.
(Formerly: Acts 1941, c.139, s.12; Acts 1971, P.L.35, SEC.9.) Asamended by Acts 1982, P.L.23, SEC.15.
IC 4-15-2-12
Vacancies in classified service
Sec. 12. Vacancies in the classified service shall be filled only by:
(1) appointment from an eligible list certified by the director;
(2) provisional appointments under section 22 of this chapter;
(3) temporary appointments made under IC 4-15-1.8-7;
(4) transfer, promotion or demotion of a regular employee; or
(5) reinstatement under section 35 of this chapter.
(Formerly: Acts 1941, c.139, s.13; Acts 1945, c.287, s.1.) Asamended by Acts 1982, P.L.23, SEC.16; P.L.12-1983, SEC.7.
IC 4-15-2-13
Reemployment lists
Sec. 13. The director shall establish and maintain reemploymentlists, which shall contain the names of persons who have beenregular employees and who were separated from their positions forreasons other than fault or delinquency on their part. The order inwhich names shall be placed on a reemployment list shall beestablished by the rules. The length of time for which a name shallremain on a reemployment list shall be established by the rules andshall not exceed one (1) year.
(Formerly: Acts 1941, c.139, s.14.)
IC 4-15-2-14
Promotion lists and eligible lists
Sec. 14. (a) The director shall establish and maintain suchpromotion lists and eligible lists for the various classes of positionsin the classified service as he considers necessary or desirable tomeet the needs of the service. On each promotion list and eligiblelist, the eligibles shall be ranked in the order of their ratings earnedin the test given for the purpose of establishing the list.
(b) The director shall determine at the time any promotion list oreligible list is established the period during which the list shallremain in force. The director may consolidate or cancel promotionlists and eligible lists as the needs of the service may require and asauthorized by the rules.
(Formerly: Acts 1941, c.139, s.15.) As amended by Acts 1982,P.L.23, SEC.17.
IC 4-15-2-15
Promotion and entrance tests
Sec. 15. (a) The director shall conduct such promotion tests andentrance tests as he considers necessary for the purpose ofestablishing promotion lists and eligible lists.
(b) The tests shall be competitive and shall be of such characteras to determine the qualifications, fitness, and ability of the personstested to perform the duties of the class of positions for which a listis to be established. However, in the case of promotions, at thediscretion of the director, noncompetitive qualifying examinationsmay be given to persons with regular status who meet the establishedqualifications for the positions for which such examinations are to begiven. The tests may be written, oral, physical, or in the form of ademonstration of skill, or any combination of these types. The testsmay take into consideration such factors, including education,experience, aptitude, capacity, knowledge, character, physicalfitness, and other qualifications, as, in the judgment of the director,enter into the determination of the relative fitness of the applicants.Test scores are valid until:
(1) the test is revised;
(2) the applicant requests to be reevaluated or retested;
(3) the applicant is no longer available or suitable foremployment, under rules of the director; or
(4) one (1) year from the date of an examination, unless theapplicant requests annually that the test scores remain validwith respect to him for a second year and a third year.
The director shall notify applicants if a test is revised.
(c) The director shall take all reasonable precaution to keep secretthe identity of applicants and examiners when necessary to preservethe integrity of tests.
(d) No question shall be so framed as to elicit informationconcerning the political or religious opinions or affiliations of anapplicant.
(e) When entrance tests are conducted in respect to any institutionwhich is located outside of Marion County, wherever feasible, suchtests shall be conducted in the county in which the institution islocated.
(Formerly: Acts 1941, c.139, s.16; Acts 1949, c.235, s.6.) Asamended by Acts 1982, P.L.23, SEC.18; P.L.12-1983, SEC.8.
IC 4-15-2-16
Qualifications for examination
Sec. 16. The director may establish qualifications for admissionto any test. Subject to such limitations as the director considers in thebest interests of the service, admission to tests shall be open to allpersons who appear to possess the required qualifications and maybe lawfully appointed to a position in the class for which a list is tobe established. The director may reject the application of any personfor admission to a test or may strike the name of any person from alist or refuse to certify the name of any person on a list for a position
if he finds that such person:
(1) lacks any of the required qualifications;
(2) is physically unfit to perform effectively the duties of theposition in which he seeks employment;
(3) is addicted to the habitual excessive use of drugs orintoxicating liquor;
(4) has been convicted for a crime or guilty of any notoriouslydisgraceful conduct;
(5) has been dismissed from the public service for delinquency;or
(6) has made a false statement of a material fact or practiced orattempted to practice any fraud or deception in his applicationor test or in attempting to secure appointment.
(Formerly: Acts 1941, c.139, s.17; Acts 1971, P.L.35, SEC.10.) Asamended by Acts 1982, P.L.23, SEC.19.
IC 4-15-2-17
Notice of examination
Sec. 17. (a) The director shall give adequate public notice of eachentrance test, except as otherwise provided in section 26 of thischapter.
(b) The director may also advertise tests in professional and tradepublications, post notices of the tests in schools and colleges, andemploy any other methods of publicizing tests which he considersappropriate.
(c) This section does not apply to noncompetitive qualifyingpromotional examinations.
(Formerly: Acts 1941, c.139, s.18; Acts 1949, c.235, s.7.) Asamended by Acts 1982, P.L.23, SEC.20.
IC 4-15-2-18
Examination scoring; ratings; preferences
Sec. 18. (a) The rating of each test shall be completed and theresulting list established not later than thirty (30) days after the dateon which the test was held, unless such time is extended by thedirector for reasons which the director shall record in the officialrecords of the department. The final earned rating of each personcompeting in any test shall be determined by the weighted averageof the earned ratings of the test, according to weights for each phaseestablished by the director in advance of the giving of the test. Thenames of all persons attaining the minimum final earned ratingsestablished by the director in advance of the giving of the tests shallbe placed upon the eligible list in order of their ratings. The namesof persons who have indicated in writing that they are unwilling toaccept appointment may be dropped from the list. All personscompeting in any test shall be given written notice of their finalearned ratings. Statements of former employers of the applicantsshall be confidential. A manifest error in rating a test shall becorrected if called to the attention of the director, but such correctionshall not invalidate any appointment previously made from such a
list.
(b) In certification for appointment, in appointment, inreinstatement, and in reemployment in any state service, preferenceshall be given to former members of the military services of theUnited States who served on active duty in any branch of the armedforces and who at no time received a discharge or separation underother than honorable conditions, except corrected separation ordischarge to read "honorable" as evidenced by appropriate recordspresented from the United States Department of Defense orappropriate branch of the military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who haveestablished the present existence of a service connecteddisability of ten percent (10%) or more, as evidenced by recordsof the United States Department of Veterans Affairs ordisability retirement benefits as evidenced by laws administeredby the United States Department of Defense.
(2) The spouse of a veteran with a service connected disabilityand the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who arewartime veterans.
(4) Veterans of the military service who served more than onehundred eighty-one (181) days on active duty, regardless ofwhen served.
(d) In all written examinations to determine the qualifications ofapplicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of personstaking the competitive examination under subsection (c)(1) or(c)(2);
(2) five (5) points shall be added to the earned ratings ofpersons taking the competitive examination under subsection(c)(3); and
(3) two (2) points shall be added to the earned rating of personstaking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to thetotal combined test scores of the person and shall not be allocated toany single feature or part of the competitive examination. Ratingshall be based on a scale of one hundred (100) points as themaximum attainable.
(f) When veterans preference in state service employment islimited to wartime veterans, this subsection applies for the purposeof defining "war":
(1) World War II - December 7, 1941, to December 31, 1946.
(2) Korean Conflict - June 27, 1950, to January 31, 1955.
(3) Viet Nam Conflict - August 5, 1964, to May 7, 1975.
(4) Actual combat or duty equally hazardous, regardless of time,or service in any foreign war, insurrection, or expedition, whichservice is recognized by the award of a service or campaignmedal of the United States.
(5) Participation as a regularly assigned crew member of any
military craft in a mission in support of a military operation,regardless of time, as designated by the armed forces of theUnited States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which beganor ended during wartime period;
(3) ninety (90) days or more combined service in two (2) ormore wartime periods;
(4) service of less than ninety (90) days, if discharged for adisability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), whichmust be documented by appropriate records of the United StatesDepartment of Defense.
(h) In examinations where experience is an element ofqualification, time spent in the armed forces of the United Statesshall be credited in a veteran's rating where the veteran's actualemployment in a similar vocation to that for which the veteran isexamined was interrupted by such service. In all examinations todetermine the qualifications of a veteran applicant, credit shall begiven for all valuable experience, including experience gained inreligious, civic, welfare, service, and organizational activities,regardless of whether any compensation was received for theexperience.
(i) In determining qualifications for examination, appointment,promotion, retention, transfer, or reinstatement, with respect topreference eligibles, the department shall waive requirements as toage, height, and weight, if the requirement is not essential to theperformance of the duties of the position for which examination isgiven. The department, after giving due consideration to therecommendation of any accredited physician, shall waive thephysical requirements in the case of any veteran, if the veteran is, inthe opinion of the director, physically able to discharge efficientlythe duties of the position for which the examination is given. Nominimum educational requirement may be prescribed in any civilservice examination except for such scientific, technical, orprofessional positions, the duties of which the department decidescannot be performed by a person who does not have such education.The director shall make a part of the department's public records thedirector's reasons for such decision.
(j) The names of preference eligibles shall be entered on theappropriate registers or lists of eligibles in accordance with theirrespective augmented ratings. The name of a preference eligible shallbe entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 forthe administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competingemployees shall be released in accordance with board regulationswhich shall give due effect to tenure of employment, militarypreference, length of service, and efficiency ratings. The length of
time spent in active service in the armed forces of the United Statesof each such employee shall be credited in computing length of totalservice. Veteran's preference points shall be added to the retentionscore of a preference eligible. When any of the functions of any stateagency are transferred to, or when any state agency is replaced by,some other state agency or agencies, all preference employees in thefunction or functions transferred or in the agency replaced shall firstbe transferred to the replacing agency or agencies for employment inpositions for which they are qualified, before the agency or agenciesappoint additional employees from any other sources for suchpositions.
(m) Any preference eligible who has resigned may, at the requestof any appointing officer, be certified for and appointed to anyposition for which the preference eligible has been a regularemployee in the state service.
(n) Any preference eligible who has been furloughed or separatedwithout delinquency or misconduct, upon request, shall have thepreference eligible's name placed on all appropriate registers andemployment lists, for every position for which the preferenceeligible's qualifications have been established.
(o) Applicants claiming preference of their own service mustsubmit either:
(1) original discharge or separation or certified copies orphotostat copies of the originals;
(2) an official statement from the United States Department ofDefense showing record of service; or
(3) an official statement from the United States Department ofVeterans Affairs supporting the claim for disability.
(Formerly: Acts 1941, c.139, s.19; Acts 1945, c.153, s.1; Acts 1971,P.L.35, SEC.11; Acts 1973, P.L.20, SEC.4; Acts 1974, P.L.9, SEC.1.)As amended by Acts 1978, P.L.2, SEC.410; Acts 1982, P.L.23,SEC.21; P.L.1-1990, SEC.32; P.L.99-2007, SEC.8; P.L.3-2008,SEC.7.
IC 4-15-2-19
Vacancies in classified service; certification of eligible persons
Sec. 19. (a) Whenever an appointing authority proposes to fill avacancy in the classified service, he shall submit to the director astatement showing the position to be filled, the duties of the position,and the necessary and desirable qualifications of the person to beappointed to the position, and shall request the director to certify thenames of persons eligible for appointment to the position. Thedirector shall then certify to the appointing authority the names ofseven (7) persons eligible for the position, and if more than one (1)vacancy is to be filled, the names of two (2) additional personseligible for each additional vacancy. Each time that the directordetermines that:
(1) the appointing authority has made all reasonable efforts andhas been unable to contact a person certified on the list; or
(2) a person certified on the list is not available or not suitable
for employment, under rules adopted by the director;
the director shall certify the name of an additional person to theappointing authority.
(b) The names certified shall be the highest ranking eligiblepersons willing to accept employment. Names shall be certified fromeach list in the order of their rank on that list. The appointingauthority may exercise his discretion in appointing any of the personswhose name was certified under this section.
(Formerly: Acts 1941, c.139, s.20.) As amended by Acts 1982,P.L.23, SEC.22; P.L.12-1983, SEC.9.
IC 4-15-2-19.5
Individual with a disability; waiver of minimum qualifications andexamination for disabled individuals with certification
Sec. 19.5. (a) As used in this section, "individual with a disability"means an individual:
(1) with a physical or mental impairment that substantiallylimits one (1) or more of the major life activities of theindividual; or
(2) who:
(A) has a record of; or
(B) is regarded as;
having an impairment described in subdivision (1).
(b) Notwithstanding other provisions of this chapter, the directormay waive minimum qualifications and an examination for anapproved individual upon certification by an Indiana rehabilitationfacility or the rehabilitation services bureau of the division ofdisability and rehabilitative services that the individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability toperform the essential functions of a position classification withor without reasonable accommodation or with specialaccommodation for supported employment.
(c) The names of applicants with a disability qualified undersubsection (b) shall be certified with or in addition to the namescertified on the eligibility list under section 19 of this chapter.
As added by P.L.22-1991, SEC.1. Amended by P.L.2-1992, SEC.36;P.L.4-1993, SEC.3; P.L.5-1993, SEC.14; P.L.141-2006, SEC.5.
IC 4-15-2-20
Repealed
(Repealed by Acts 1971, P.L.35, SEC.18.)
IC 4-15-2-21
Working test
Sec. 21. (a) Every person appointed to a position in the classifiedservice after certification of his name from a promotion list or aneligible list shall be tested by a working test while occupying theposition. The period of the working test shall commence immediatelyupon appointment and shall continue for such time as shall be
established by the director. At least once during the working testperiod and in such manner as the director may require, the appointingauthority shall prepare for the director a full performance appraisalof the employee's work. At any time after the first two (2) months ofan employee's working test period, the appointing authority mayremove an employee, if, in the opinion of the appointing authority,the working test indicates:
(1) that the employee is unable or unwilling to perform hisduties satisfactorily; or
(2) that his habits and dependability do not merit hiscontinuance in the position.
Upon such removal, the appointing authority shall immediatelyreport to the director and to the employee removed his action and thereason for the action. No more than three (3) employees shall beremoved successively from the same position during their workingtest periods without the approval of the director. The appointingauthority may remove an employee within the first two (2) monthsof his working test period only with the approval of the director. Thedirector may remove an employee during his working test period ifhe finds, after giving him notice and an opportunity to be heard, thatthe employee was appointed as a result of error or fraud.
(b) Prior to the expiration of an employee's working test period,the appointing authority shall notify the director in writing whetherthe services of the employee have been satisfactory and whether hewill continue the employee in his position. A copy of the notice shallbe given to the employee. No employee shall be paid for workperformed after the expiration of his working test period unless, priorto the performance of the work, the appointing authority has notifiedthe director that the employee will be continued in his position.
(Formerly: Acts 1941, c.139, s.22.) As amended by Acts 1982,P.L.23, SEC.23; P.L.12-1983, SEC.10.
IC 4-15-2-22
Provisional appointment
Sec. 22. When an appointing authority desires to fill a vacancy inthe classified service, and the director cannot certify the requirednumber of eligibles for such vacancy because there is no appropriatelist or because there is not a sufficient number of persons onappropriate lists who are willing to accept appointment, the directormay authorize the appointing authority to fill the vacancy byprovisional appointment. A provisional appointee shall hold hisposition only until an appropriate list has been established and therequired certification can be made. No provisional appointee shallhold his position for more than six (6) months. No provisionalappointment shall be renewed, and no person shall receive more thanone (1) provisional appointment in any twelve-month period.
(Formerly: Acts 1941, c.139, s.23; Acts 1949, c.235, s.8.)
IC 4-15-2-23
Repealed (Repealed by P.L.12-1983, SEC.25.)
IC 4-15-2-24
Reassignment
Sec. 24. An appointing authority may at any time assign anemployee from one position to another position in the same class orrank in his division of the service. Upon making such an assignmentthe appointing authority shall immediately give written notice of hisaction to the director. A transfer of an employee from a position inone division of the service to a position in the same class or rank inanother division of the service may be made with the approval of thedirector and of the appointing authorities of both divisions of theservice. No employee shall be transferred from a position in oneclass to a position in another class of a higher rank or for which thereare substantially dissimilar requirements for appointment unless heis appointed to the latter position after certification of his name froma list in accordance with this chapter. Any change of a regularemployee from a position in one class to a position in a class of alower rank shall be considered a demotion and shall be made only inaccordance with the procedure prescribed by section 34 of thischapter for cases of dismissal. An employee thus demoted shall havethe right to appeal under section 35 of this chapter. The removal ofan employee from a promotional working test is not appealableunless the removal results in a dismissal or lay-off.
(Formerly: Acts 1941, c.139, s.25.) As amended by Acts 1982,P.L.23, SEC.25.
IC 4-15-2-25
Resignations
Sec. 25. Resignations from the classified service shall be subjectto such rules as the director may prescribe. Any person who hasresigned while in good standing from the classified service andwhose resignation has been accepted may, at the discretion of thedirector, not later than two (2) years after the date of his resignation,have his name placed on the appropriate reemployment list bysubmitting a written request to the director.
(Formerly: Acts 1941, c.139, s.26; Acts 1949, c.235, s.9.) Asamended by Acts 1982, P.L.23, SEC.26.
IC 4-15-2-26
Unskilled or semiskilled labor
Sec. 26. For positions involving unskilled or semiskilled labor,when the character or place of the work makes it impracticable tosupply the needs of the service by appointments made in accordancewith the procedure prescribed by this chapter, the director, subject tothe rules, may adopt, or authorize the use of, such other proceduresas he determines to be appropriate in order to meet the needs of theservice, while assuring the selection of such employees on the basisof merit and fitness. Such procedures may include:
(1) the testing of applicants and the maintenance of lists of
eligibles by localities;
(2) the testing of applicants, singly or in groups, at periodicintervals, at the place of employment or elsewhere after suchnotice as the director considers adequate;
(3) the registration of applicants who pass a noncompetitive testor submit satisfactory evidence of their qualifications, andappointment of registered applicants in the order of theirapplication or by lot; or
(4) any variation or combination of the foregoing, or othersuitable method.
(Formerly: Acts 1941, c.139, s.27.) As amended by P.L.5-1984,SEC.70.
IC 4-15-2-27
Standards of performance and output
Sec. 27. (a) In cooperation with appointing authorities, thedirector shall establish, and may from time to time amend, standardsof performance and output for employees in each class of positionsin the classified service or for groups of classes, and a system ofservice ratings based upon these standards. In such manner and withsuch weight as shall be provided in the rules, service ratings shall beconsidered:
(1) in determining salary increases and decreases within thelimits established by law and by the pay plan;
(2) as a factor in promotion tests;
(3) as a factor in determining the order of lay-off when forcesare reduced because of lack of funds or work, and the order inwhich names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should bepromoted, transferred, or who, because of their low-servicevalue, should be demoted or dismissed.
In such manner and at such time as the rules may require, eachappointing authority shall make and report to the director the serviceratings of employees in his division of the service or suchinformation as the director may request as a basis for determining theservice ratings.
(b) All officers and employees of the state, shall, during usualbusiness hours, grant to the members of the board, the director, andany agent or employee of the board designated by it or him, freeaccess to the premises and records pertaining to personnel mattersunder their control and shall furnish them such facilities, assistance,and information as may be required in administering the provisionsof this chapter.
(Formerly: Acts 1941, c.139, s.28.) As amended by Acts 1982,P.L.23, SEC.27.
IC 4-15-2-28
Education and training of employees
Sec. 28. The director, in cooperation with appointing authoritiesand other supervising officials, may establish programs for the
training and further education of employees to the end that thequality of the service rendered by persons in the classified servicemay be continually improved and the employees may be prepared totake advantage of promotional opportunities.
(Formerly: Acts 1941, c.139, s.29.)
IC 4-15-2-29
Hours of work; holidays; leaves of absence
Sec. 29. The rules shall provide for the hours of work, holidays,attendance regulation and leaves of absence in the various classes ofpositions in the classified service. They shall contain provisions forannual, sick, and special leaves of absence with or without pay orwith reduced pay, and may allow special extended leaves foremployees disabled through injury or illness arising out of theiremployment, and the accumulation of annual and sick leaves.
(Formerly: Acts 1941, c.139, s.30.)
IC 4-15-2-30
Reports; transfers; appointment; promotion
Sec. 30. Every appointment, transfer, promotion, demotion,dismissal, change of salary rate, absence from duty, and othertemporary or permanent changes in the status of employees in boththe unclassified and the classified service shall be reported to thedirector at such time, in such form, and together with such supportingor pertinent information, as the director may prescribe. The directorshall maintain a perpetual roster of all officers and employees in theunclassified service and the classified service, showing for each suchperson the title of the position held, his departmental or other agencyassignment, his salary rate, date of appointment, completeemployment history, and such other data as the director considerspertinent. The director shall also maintain such other personnelrecords as he may consider desirable or as the board shall direct, andshall make available to the governor, the general assembly, thebudget director, department and institution executives, and otherpersons having a proper interest therein tabulations and analyses ofsuch personnel data as he has available.
(Formerly: Acts 1941, c.139, s.31.) As amended by Acts 1982,P.L.23, SEC.28.
IC 4-15-2-31
Payroll
Sec. 31. (a) A public disbursing officer, auditing officer, or otherfiscal officer of the state shall not draw, sign, or issue or authorizethe drawing, signing, or issuing of any warrant or check upon thetreasurer of state or another disbursing officer of the state for thepayment of a salary or other compensation for personal serviceswithin the state service. The treasurer of state or another disbursingofficer of the state shall not pay any salary or other compensation forpersonal services unless a payroll or account for the salary or othercompensation containing the name of every person to be paid and the
accounts to be paid to the person has been certified by the director ora person designated by the director to the effect that the personsnamed on the payroll or account are either in the unclassified serviceor have been appointed or otherwise established in their positionsaccording to the provisions of this chapter, and that the payment ofthe amounts shown on the payroll or account will not violate theprovisions of the pay plan or the rules pertaining to the payment.
(b) Any payment violating the provisions of the pay plan or therules pertaining to the payment, or made to a person appointed orestablished in the person's position in a manner contrary to theprovisions of this chapter, may be recovered from the appointingauthority, the director, or any officer or person making the payment,whichever is liable, or from the sureties on the official bond for theofficer or person. Action for recovery may be maintained by theboard or any member of the board, any officer or employee of thestate service, or any citizen of the state. All money recovered underthis section shall be paid into the state treasury. Any citizen maymaintain a suit to restrain a disbursing officer from making anypayment in contravention of any provision of this chapter or of anylawful rule or order under this chapter.
(c) Any person appointed or employed in contravention of anyprovision of this chapter or of any rule or order under this chapterwho performs service for which the person is not paid shall have andmay maintain an action against the officer or officers who purportedso to appoint or employ the person to recover the agreed pay forservices, or the reasonable value of the services if no pay was agreedupon. No officer shall be reimbursed by the state at any time for anysum paid to the person on account of the services.
(d) If the director wrongfully withholds certification of the payrollvoucher or account of any employee, the employee may maintain aproceeding to compel the director to certify the payroll voucher oraccount.
(Formerly: Acts 1941, c.139, s.32.) As amended by P.L.5-1984,SEC.71; P.L.1-1990, SEC.33.
IC 4-15-2-32
Layoffs; permanent status in lower class; reemployment lists
Sec. 32. (a) An appointing authority may lay-off employees in theclassified service whenever it is deemed necessary, due to shortageof work or funds, or the abolishment of a position, or other materialchange in duties or organization. For purposes of this section, officesand positions of employment in each county where the division ofservice operates is considered one autonomous unit and lay-offprocedures will apply within the county affected by the lay-off.When a lay-off is necessary, the appointing authority will determinein which class or classes the lay-off or lay-offs will occur, thenumber of employees to be laid off within each affected class, thecounty or counties where lay-offs are to occur and give written noticeto the director a reasonable time before the effective date of thelay-off. The director, in accordance with the rules, shall compute
retention points to determine the order of lay-off within each county.The retention points will be computed as of the effective date of thelay-off and will reflect systematic consideration of seniority, serviceratings, veterans' preference status, and employment status. Thedirector shall provide the appointing authority with a written noticecontaining the names and retention points of employees to be laid offin each county, and such orders relating to the lay-off as deemednecessary to secure compliance with this section.
(b) Any employee in the classified service who has been notifiedof pending lay-off and who has permanent status in a lower class hasthe right, provided they have more retention points, to displacewithin the same affected county, the employee with the leastretention points in that lower class. Any employee in the classifiedservice who has permanent status in a lower class and is displaced byanother employee has the right, provided they have more retentionpoints, to displace within the same affected county the employeewith the least retention points in that lower class. This procedureshall continue until the employee with the least retention points inthe lowest class, in the same affected county, of the same appointingauthority has been reached, and if necessary, laid off. Should a layoffresult in the closing of all offices in a county, any employee in theclassified service who has been notified of pending lay-off and whohas permanent status in the class from which they are laid off may,provided they have more retention points, displace within thedivision of service in any contiguous county the employee with theleast retention points in that class.
(c) Employees who have been reduced or laid off will be placedon appropriate re-employment lists in accordance with rulesestablished by the director. Those employees with the highestretention points in each affected class will be placed at the top of thelist followed by employees ranked in descending order. An employeewho is laid off will retain re-employment rights for a period of one(1) year from the lay-off date. During this one (1) year period, theappointing authority, for the division of service affected, shall nothire nor promote anyone into a class affected by the lay-off until alllaid off employees on the re-employment list for that class have beenreinstated or decline the position when it is offered. Employees whofail to respond within five (5) days, to a written offer sent to their lastknown address, will be deemed to have declined. Even though alay-off applies only to affected counties, re-employment rightsextend to all counties, and at the request of the laid off or reducedemployee, their name will be placed on the appropriatere-employment list for any or all counties.
(Formerly: Acts 1941, c.139, s.33; Acts 1949, c.235, s.10.) Asamended by Acts 1981, P.L.35, SEC.1.
IC 4-15-2-33
Suspension
Sec. 33. An appointing authority, the appointing authority'sdesignee, or the ethics commission may, for disciplinary purposes,
suspend without pay a regular employee for a length of time as theappointing authority, the appointing authority's designee, or theethics commission considers appropriate, not exceeding thirty (30)days in any twelve (12) month period. With the approval of thedirector a regular employee may be suspended for a longer periodpending the administrative investigation or trial of any chargesagainst the employee. If the outcome of the charges or trial of anycharges is favorable to the employee, the appointing authority shallreimburse the employee any lost wages and benefits for thesuspension period less any wages the employee might have earnedduring the suspension period from other employment.
(Formerly: Acts 1941, c.139, s.34; Acts 1949, c.235, s.11; Acts 1971,P.L.35, SEC.13.) As amended by Acts 1982, P.L.23, SEC.29;P.L.222-2005, SEC.17.
IC 4-15-2-34
Dismissal
Sec. 34. An appointing authority, the appointing authority'sdesignee, or the ethics commission may dismiss for cause any regularemployee. No dismissal of a regular employee shall take effect,unless, at least thirty (30) days before the effective date of thedismissal, the appointing authority, the appointing authority'sdesignee, or the ethics commission gives to the employee a writtenstatement of the reasons for the dismissal and files a copy of thestatement with the director. During the thirty (30) day notice periodthe employee shall be suspended without pay pending dismissal. Theemployee shall have an opportunity to f