CHAPTER 2.5. CAREER BIPARTISAN PERSONNEL SYSTEM
IC 4-15-2.5
Chapter 2.5. Career Bipartisan Personnel System
IC 4-15-2.5-1
Definitions
Sec. 1. As used in this chapter, unless a different meaning appearsfrom the context:
(a) The term "director" means the state personnel director asestablished by IC 4-15-1.8.
(b) The term "board" means the Indiana personnel advisory boardestablished by IC 4-15-1-1.
(c) The term "appointing authority" means the head of adepartment, division, board, commission, person or group of personswho has the power by law or by lawfully delegated authority to makeappointments to positions in state service.
(d) The term "political affiliation" means the political party towhich an individual recognizes a relationship either by act of primaryelection voting or by affirmation of the chairman of the statecommittee of the party with which the employee states he isaffiliated.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.1.) Asamended by P.L.1-1991, SEC.14.
IC 4-15-2.5-1.1
Various state personnel systems to be governed by chapter
Sec. 1.1. The personnel system of the department of insurance,bureau of motor vehicles, department of revenue, department ofnatural resources, and department of adjutant general shall beconducted pursuant to this chapter, except that the division of auditof the department of revenue, the conservation officers of thedepartment of natural resources, and the excise police of the alcoholand tobacco commission shall maintain the political balanceestablished prior to July 1, 1971.
(Formerly: Acts 1972, P.L.33, SEC.2.) As amended by P.L.8-1984,SEC.4; P.L.204-2001, SEC.4.
IC 4-15-2.5-1.5
Liberal construction of chapter; legislative intent
Sec. 1.5. (a) This chapter shall be liberally construed to effectuateits policies and purposes so as to increase governmental efficiencythrough a career bipartisan personnel system.
(b) It is not the intent of this chapter to eliminate the meritpersonnel system existing on July 1, 1971, or to eliminate allpatronage personnel systems. It is the intent of this chapter to providea career bipartisan personnel system that may be implemented in adepartment of state government where the system would producemore efficient government and better service at less cost to thecitizens of Indiana.
As added by P.L.1-1989, SEC.12.
IC 4-15-2.5-2
State personnel board; duties
Sec. 2. (State Personnel Board; Power) The state personnel boardshall enforce, through the personnel director, the provisions of thischapter and shall have the power to promulgate all rules necessaryfor the most effective administration of a career bi-partisan personnelsystem as established by this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-3
Director; duties
Sec. 3. (Director's Duties) The personnel director, in addition toall other duties imposed by law and subject to the rules promulgatedby the board, shall administer the provisions of this chapter. Thedirector shall:
(1) conduct the entrance and promotion tests which are requiredfor the carrying out of the provisions of this chapter;
(2) verify the political affiliation of each applicant foremployment and each employee being considered for promotionwhich otherwise qualify for employment or promotion;however, no applicant or employee shall be verified if theemployment or promotion would disrupt or postpone theattainment of the required political balance of the department orpay classification therein unless the required political affiliationof an applicant or employee has been waived by the board;
(3) classify all positions of employment in all agencies orinstitutions operating under this chapter by the procedureestablished by IC 4-15-2;
(4) develop a pay plan for all employees operating under theprovisions of this chapter, which pay plan shall be subject to theapproval of the budget agency and the Governor; and
(5) certify all individuals employed under the provisions of thischapter as provided by IC 4-15-2, except that:
(A) The director shall certify five (5) qualified applicantsand indicate each applicant's political affiliation.
(B) If the director cannot certify the required number ofindividuals with the political affiliation because there are notenough individuals that qualified after testing, who arewilling to accept appointment or because there are peculiarand exceptional qualifications of a scientific, professional oreducational character required for the position and it isevident that the required number of individuals cannot becertified, the director may authorize the appointing authorityto fill the vacancy with any individual who meets thequalifications for the position, without regard to theapplicant's political affiliation.
(C) For positions involving unskilled or semi-skilled laborwhen the character or place of the work makes itimpracticable to supply the needs of the service byappointments made in accordance with the procedure
prescribed by this chapter, the director may makeappointments by the procedure provided by IC 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.3.) Asamended by Acts 1978, P.L.6, SEC.5; P.L.2-1995, SEC.4.
IC 4-15-2.5-4
Agency; political affiliation
Sec. 4. (Agency; Political Affiliation) No agency of stategovernment that operates its personnel system under the provisionsof this chapter shall have more than sixty percent (60%) of theiremployees, in each pay classification, insofar as practicable, asadherents to any one (1) political party.
For the taking effect of the political ratio required by this section,it shall be understood that in the interest of stability of governmentand continuance of service to the public, the required ratio shall begradually achieved. The ratio required by this chapter may beaccomplished at the convenience of each appointing authority, but inno event shall such be delayed beyond January 1, 1973.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-5
Agency; report
Sec. 5. The appointing authority of each agency or institution thatoperates under the provisions of this chapter shall submit to thelegislative council any information the legislative council requests.To the extent possible, the information must be submitted in anelectronic format under IC 5-14-6.
(Formerly: Acts 1971, P.L.36, SEC.1.) As amended by Acts 1978,P.L.6, SEC.6; P.L.28-2004, SEC.42.
IC 4-15-2.5-6
Employee; political activity
Sec. 6. (Employee; Political Activity) No employee that isretained or employed under the provisions of this chapter shall beforced to contribute to any political party or be forced to participatein any political activity. However, this section shall not beinterpreted to prohibit the voluntary contribution of any employee toany political party or prohibit the participation of any employee inany political activities unless such participation interferes with theemployees performance or responsibility of his job.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-7
Employment status; political affiliation
Sec. 7. (Employment Status; Political Affiliation) Employees thatare either retained or employed under the provisions of this chaptermay be dismissed, demoted, suspended or laid off because of theirpolitical affiliation in order to achieve the political balance requiredby this chapter. It is the intent of this chapter, however, to emphasizestability of government through continuity of employment and career
opportunity.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-8
Employment status; ability
Sec. 8. (Employment Status; Ability) Any employee may bedismissed, demoted, suspended or laid off for cause. For the purposeof this chapter cause shall be any action or inaction of any employeethat produces, incurs or results in the substantial diminution of theemployee's ability or willingness to perform his duties, impairs theability or willingness of any other employee of the institution oragency of state government to perform his duties or brings discreditupon the State of Indiana. Cause may include but shall not be limitedto the following: intoxication on the job; physical or mental inabilityto perform the job requirements; personality characteristics whichsubstantially limit the employee's or his fellow employee's ability toperform his duties, or which severely handicap the administration ofthe agency or institution; and, action or inaction which severelylimits or prohibits the implementation of administrative policies.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-9
Employment status; appeal by employee
Sec. 9. (Employment Status; Appeal by Employee) Any employeethat is dismissed, demoted, suspended or laid off for cause mayappeal such action by the procedure which is now or hereinafterprovided by IC 1971, 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-10
Failure to certify; pay withholding
Sec. 10. (Failure to Certify; Pay Withholding) No publicdisbursing or auditing officer nor other fiscal officer of the state shalldraw, sign, or issue, or authorize the drawing, signing or issuing ofany warrant or check upon the state treasurer or other disbursingofficer of the state, for the payment of a salary or other compensationfor personal services within the state service as defined by thischapter, nor shall the state treasurer or other disbursing officer of thestate pay any salary or other compensation for such personal servicesunless a payroll or account for such salary or other compensation,containing the name of every person to be paid and the accounts tobe paid him has been certified by the director or a person designatedby him to the effect that the persons named on the payroll or accountare either exempt from the provisions of this chapter or have beenappointed or otherwise established in their positions according to theprovisions of this chapter, and that the payment of the amountsshown on the payroll or account will not violate the provisions of thepay plan or the rules pertaining thereto.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-11
Pay withholding; action by employee
Sec. 11. (Pay Withholding; Action by Employee) Any personappointed or employed in contravention of any provision of thischapter or of any rules, regulation or order thereunder who performsservice for which he is not paid, shall have and may maintain anaction against the officer or officers who purported so to appoint oremploy him to recover the agreed pay for such services, or thereasonable value thereof if no pay was agreed upon. No officer shallbe reimbursed by the state at any time for any sum paid to suchperson on account of such services.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-12
Wrongful failure to certify; action by employee
Sec. 12. (Wrongful Failure to Certify; Action by Employee) If thedirector wrongfully withholds certification of the payroll voucher oraccount of any employee, such employee may maintain a proceedingto compel the director to certify such payroll voucher or account.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-13
Payment in violation
Sec. 13. (Payment in Violation) Any payment violating theprovisions of the pay plan or the rules pertaining thereto, or made toa person appointed or established in his position in a manner contraryto the provisions of this chapter may be recovered from theappointing authority, the director, or any officer or person makingsuch payment, whichever is liable, or from the sureties on the officialbond for such officer or person.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-14
Payment in violation; action for recovery
Sec. 14. (Payment in Violation; Action for Recovery) Action forsuch recovery may be maintained by the board or any memberthereof, any officer or employee of the state service, or any citizen ofthe state.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-15
Payment in violation; money recovered
Sec. 15. (Payment in Violation; Moneys Recovered) All moneysrecovered under section 13 shall be paid into the state treasury.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-16
Payment in violation; citizen's action
Sec. 16. (Payment in Violation; Citizen's Action) Any citizen maymaintain a suit to restrain a disbursing officer from making any
payment in contravention of any provision of this chapter, or lawfulrule, regulation or order thereunder.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-17
Veterans
Sec. 17. (Veterans) All veterans of the armed forces of the UnitedStates shall be granted a preference in employment as is now orhereinafter provided by IC 1971, 4-15-2.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-18
Exemptions; administrative heads
Sec. 18. (Exemptions; Administrative Heads) (a) Theadministrative head of all state agencies that operate under theprovisions of this chapter shall be exempt from the provisions of thischapter.
(b) The administrative head of all divisions, departments,institutions, or other major subdivision of a state agency, thatoperates under the provisions of this chapter, shall be exempt fromthe provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-19
Exemptions; merit employees
Sec. 19. (Exemptions: Merit Employees) Any individual that isretained or employed in any agency which operates under theprovisions of this chapter in a position which is covered by a meritpersonnel system or a separate bi-partisan personnel system createdby statute shall be exempt from the provisions of this chapter thatrelate to political balance.
(Formerly: Acts 1971, P.L.36, SEC.2; Acts 1972, P.L.33, SEC.4.)
IC 4-15-2.5-20
Exemptions; other positions
Sec. 20. (Exemptions; Other Positions) (a) All positions in thestate agency or any part of a state agency, which operates under theprovisions of this chapter, that determine administrative policiesshall be exempt from the provisions of this chapter by rulespromulgated by the board.
(b) One (1) personal secretary for each position that is exemptfrom the provisions of this chapter by this section and section 18shall be exempt from the provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-21
Agency request; inclusion
Sec. 21. (Agency Request; Inclusion) The administrative head ofany state agency may submit a request to the personnel director tohave his entire agency or any part thereof operate under the
provisions of this chapter. Upon the approval of the personnel boardand the Governor any state agency or any part of a state agency mayoperate under the provisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-22
Agency request; exemption
Sec. 22. (Agency Request; Exemption) The administrative headof any state may submit a request to the personnel director to havehis entire agency or any part exempt from the provision of thischapter. Upon the approval of the personnel board and the Governorany state agency or any part thereof may be exempt from theprovisions of this chapter.
(Formerly: Acts 1971, P.L.36, SEC.2.)
IC 4-15-2.5-23
Agency request; petition for change
Sec. 23. (Agency Request; Petition for Change) (a) Theadministrative head of any state agency or any part thereof thatoperates under the provisions of this chapter may submit a petitionto the personnel board to increase or decrease the number ofemployees exempt from the provisions of this chapter.
(b) The board shall have the authority to decrease or increase thenumber of employees exempt from this chapter. However, the boardshall not exempt positions which do not formulate policy and theyshall not exempt policy positions if such action would impede theoperation of the agency.
(Formerly: Acts 1971, P.L.36, SEC.2.)