IC 4-15-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the "State
Personnel Act". This chapter shall be liberally construed to effectuate
its policies and purposes to increase governmental efficiency, to
ensure the appointment of qualified persons to the state service solely
on the basis of proved merit, to offer any person a fair and equal
opportunity to enter the state service, and to afford the employees in
state service an opportunity for public service and individual
advancement according to fair standards of accomplishment based
upon merit principles. To these ends there is by this chapter
established a personnel system based on merit and scientific methods
relating to the appointment, compensation, promotion, transfer, lay
off, removal, and discipline of employees and to other incidents of
state 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 persons
covered on January 1, 1966, by this chapter or coming under the
provisions of this chapter after January 1, 1966, shall be eligible for,
shall participate in, and shall receive the benefits of the public
employees retirement program as provided by IC 5-10.2 and
IC 5-10.3. (Formerly: Acts 1941, c.139, s.1a; Acts 1965, c.286, s.1.) As
amended 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 who
has the power by law or by lawfully delegated authority to make
appointment 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 board
created 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 of
trust and employment in the state service except those placed in the
unclassified 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 appeals
commission 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 advisory
board, the state personnel director, and the employees of the board
and 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 provided
for 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 the
reemployment, 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 been
found qualified by an entrance test for appointment to a position in
a 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 particular
class, admission to which is not limited to individuals employed in
the 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 who
have been found qualified by a promotion test for appointment to a
position 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 particular
class, admission to which is limited to regular employees in the
classified 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 as
provided in IC 4-15-2 in which an individual may have a reasonable
opportunity 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 who
have been regular employees in a particular class in the state service
but have been separated from the service and are entitled to have
their 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 and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies,
assistants reporting to appointing authorities, or supervisors of
major units within state agencies, irrespective of the title carried
by those positions, of the division of disability and
rehabilitative services, division of aging, Fort Wayne State
Developmental Center, division of mental health and addiction,
Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Evansville State
Hospital, Logansport State Hospital, Madison State Hospital,
Richmond State Hospital, state department of health, Indiana
School for the Blind and Visually Impaired, Indiana School for
the 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, Putnamville
Correctional Facility, Indianapolis Juvenile Correctional
Facility, Indiana State Prison, Indiana Women's Prison,
Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of
homeland security (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-14-3), civil rights commission,
criminal justice planning agency, department of workforce
development, Indiana historical bureau, Indiana state library,
division of family resources, department of child services,
Indiana state board of animal health, Federal Surplus Property
Warehouse, Indiana education employment relations board,
department of labor, Indiana protection and advocacy services
commission, commission on public records, Indiana horse
racing 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;
IC 4-15-2-4 Appointments; promotions; transfers
Sec. 4. All appointments to positions in classified service shall be
made on the basis provided in this chapter. The appointment,
promotion, demotion, transfer, layoff, removal, and discipline of
employees and other incidents of state employment with respect to
each division of the service shall be governed by the provisions of
this chapter and every appointing authority shall, in respect to
matters of state employment, be governed and limited by the system
of 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 and
effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to
public inspection.
(3) To advise the state personnel director on matters pertaining
to state personnel policies and practices. (Formerly: Acts 1941, c.139, s.6; Acts 1971, P.L.35, SEC.6; Acts
1973, P.L.20, SEC.2.) As amended by Acts 1977, P.L.30, SEC.2; Acts
1982, P.L.23, SEC.11.
IC 4-15-2-6 Director; powers and duties
Sec. 6. (a) The director shall direct and supervise all
administrative and technical activities. In addition to the duties
imposed elsewhere in this chapter, the director shall do the
following:
(1) Establish and maintain a roster of all employees in the state
service. Prepare or cause to be prepared and recommend a
classification and pay plan. Administer the classification and
pay plan. Allocate all positions in the state service to their
proper class. Formulate eligible lists. Certify persons qualified
for appointment. Certify employees for transfer, demotion,
promotion, suspension, layoff, and dismissal. Rate employees'
services. Arrange with heads of the divisions of the service for
employee training. Attend to and perform all other duties
imposed by this chapter.
(2) Appoint, under this chapter, such employees of the
department and such experts and special assistants as may be
necessary to carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already
in operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing and
to be created, in the state service.
(5) Investigate from time to time the operation and effect of this
chapter and of the rules and report the director's findings and
recommendations to the board.
(6) Administer, enforce, and make effective this chapter and the
rules. Discharge all duties imposed upon the director by the
board, and perform any other lawful acts which the director
may consider necessary or desirable to carry out the purposes
of this chapter.
(b) The director shall appoint one (1) or more employees of the
department to be the director's deputies.
(c) The director shall employ such expert or special examiners for
the conduct of tests as may be required. The director may select
officers or employees in the state service to act as examiners in the
preparation and rating of tests. An appointing authority may excuse
any employee in the authority's division of the service from the
employee's regular duties for the time required for work as an
examiner. Officers and employees shall not be entitled to extra pay
for their service as examiners, but shall be entitled to reimbursement
for necessary traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the director
may consider necessary, appropriate, or desirable to carry out this
chapter.
(e) The director shall institute an employee awards system
designed to encourage state employees to submit suggestions that
will reduce the costs, or improve the quality, of state services. All
full-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, the
officer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount of
any award to be given under subsection (e). The state suggestion
committee consists of the state personnel director, the director of the
budget agency, and the state examiner of the state board of accounts.
Any officer of state who is made a member of the suggestion
committee may delegate that responsibility to a subordinate
employee. (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 service
and 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 chief
administrative officer in each of the state agencies covered
by the definition of state service.
(C) The unemployment insurance review board of the
department of workforce development.
(2) The classified part of the state service includes all civil
offices and positions in the state service on May 1, 1941, other
than those in the unclassified service.
(b) This section shall not be construed to include in the state
service any person or persons who are excluded from the definition
of state service. (Formerly: Acts 1941, c.139, s.8; Acts 1949, c.235, s.3.) As amended
by 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 are
brought within the provisions of this chapter, either through a
separate statute or by amendment to this chapter, persons in such
agencies or institutions who are in and have been in positions or
similar positions in the state service not theretofore subject to the
merit provisions of this chapter shall be entitled to continue to hold
such positions until they have an opportunity to acquire regular
status. Persons who have been in the same or similar positions for six
(6) months or more shall receive regular status by passing a
noncompetitive qualifying examination for the classification to
which their position has been allocated. Persons with less than six (6)
months' service in the same or similar positions shall hold their
positions temporarily subject to the entrance examination
requirements of this chapter. All qualifying examinations shall be
held within one (1) year after the agency or institution is brought
under this chapter, unless the period for holding such examinations
is extended by the board with adequate reasons for such extension
made a part of the official minutes of the board.
(b) Upon the recommendation of the director and the approval of
the board, those employees in any department or division of the state
government who have been appointed under a merit system
satisfactorily complying with the provisions of this chapter may be
brought into the classified service without examination and retain
their existing position. (Formerly: Acts 1941, c.139, s.9; Acts 1949, c.235, s.4.) As amended
by 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 be
ascertained the duties, authority and responsibilities of all positions
in the classified service. The director shall prepare a classification
plan, which shall group all positions in the classified service in
classes, based on their duties, authority and responsibilities. The
classification plan shall set forth, for each class of positions, the class
title and a statement of the duties, authority and responsibilities
thereof. Each class of positions may be subdivided, and classes may
be grouped and ranked in such manner as considered appropriate.
(b) Positions shall be reclassified or new positions classified or
reallocated or new positions allocated in the same manner as
provided for original classification or allocation.
(c) As promptly as practicable after the adoption of the
classification plan, and after consultation with appointing authorities,
the director shall allocate each position in the classified service to the
appropriate class therein on the basis of its duties, authority and
responsibilities.
(d) The director shall periodically review the positions in each
agency and institution and shall reallocate the positions to the proper
classes based on the duties and responsibilities of the position as
constituted at the time of his review. Whenever a position is
reallocated to a class in a lower pay grade, the employee holding the
position at the time of the reallocation shall be paid within the
established salary range for the class to which the position is
reallocated. (Formerly: Acts 1941, c.139, s.10; Acts 1971, P.L.35, SEC.8.) As
amended 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 the
allocation to the classes therein of positions in the classified service,
the class titles or corresponding code numbers set forth therein shall
be used to designate such positions in all personnel, accounting,
budget, appropriation, and financial records and communications of
all state departments, institutions and agencies. No person shall be
appointed to or employed in a position in the classified service under
a class title which has not been approved by the director as
appropriate to the duties to be performed. (Formerly: Acts 1941, c.139, s.11; Acts 1949, c.235, s.5.) As
amended by Acts 1982, P.L.23, SEC.14.
IC 4-15-2-11 Pay plan
Sec. 11. After consultation with the state budget agency, the
director shall prepare and recommend to the governor a pay plan for
all employees holding positions for which compensation is not fixed
by law. The pay plan shall include employees in the unclassified, as
well as the classified service and shall provide, for each class of
positions, a minimum and a maximum rate of pay and such
intermediate rates of pay as the director considers necessary or
equitable. In establishing such rates, the director shall give
consideration to the experience in recruiting for positions in the state
service, the prevailing rates of pay for the service performed, and for
comparable services in public and private employment, living costs,
maintenance or other benefits received by employees, and the state's
financial condition and policies. The pay plan shall take effect when
approved by the state budget agency and accepted by the governor. (Formerly: Acts 1941, c.139, s.12; Acts 1971, P.L.35, SEC.9.) As
amended 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.) As
amended 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 reemployment
lists, which shall contain the names of persons who have been
regular employees and who were separated from their positions for
reasons other than fault or delinquency on their part. The order in
which names shall be placed on a reemployment list shall be
established by the rules. The length of time for which a name shall
remain on a reemployment list shall be established by the rules and
shall 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 such
promotion lists and eligible lists for the various classes of positions
in the classified service as he considers necessary or desirable to
meet the needs of the service. On each promotion list and eligible
list, the eligibles shall be ranked in the order of their ratings earned
in the test given for the purpose of establishing the list.
(b) The director shall determine at the time any promotion list or
eligible list is established the period during which the list shall
remain in force. The director may consolidate or cancel promotion
lists and eligible lists as the needs of the service may require and as
authorized 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 and
entrance tests as he considers necessary for the purpose of
establishing promotion lists and eligible lists.
(b) The tests shall be competitive and shall be of such character
as to determine the qualifications, fitness, and ability of the persons
tested to perform the duties of the class of positions for which a list
is to be established. However, in the case of promotions, at the
discretion of the director, noncompetitive qualifying examinations
may be given to persons with regular status who meet the established
qualifications for the positions for which such examinations are to be
given. The tests may be written, oral, physical, or in the form of a
demonstration of skill, or any combination of these types. The tests
may take into consideration such factors, including education,
experience, aptitude, capacity, knowledge, character, physical
fitness, 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 for
employment, under rules of the director; or
(4) one (1) year from the date of an examination, unless the
applicant requests annually that the test scores remain valid
with 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 secret
the identity of applicants and examiners when necessary to preserve
the integrity of tests.
(d) No question shall be so framed as to elicit information
concerning the political or religious opinions or affiliations of an
applicant.
(e) When entrance tests are conducted in respect to any institution
which is located outside of Marion County, wherever feasible, such
tests shall be conducted in the county in which the institution is
located. (Formerly: Acts 1941, c.139, s.16; Acts 1949, c.235, s.6.) As
amended 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 admission
to any test. Subject to such limitations as the director considers in the
best interests of the service, admission to tests shall be open to all
persons who appear to possess the required qualifications and may
be lawfully appointed to a position in the class for which a list is to
be established. The director may reject the application of any person
for admission to a test or may strike the name of any person from a
list 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 the
position in which he seeks employment;
(3) is addicted to the habitual excessive use of drugs or
intoxicating liquor;
(4) has been convicted for a crime or guilty of any notoriously
disgraceful conduct;
(5) has been dismissed from the public service for delinquency;
or
(6) has made a false statement of a material fact or practiced or
attempted to practice any fraud or deception in his application
or test or in attempting to secure appointment. (Formerly: Acts 1941, c.139, s.17; Acts 1971, P.L.35, SEC.10.) As
amended 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 each
entrance test, except as otherwise provided in section 26 of this
chapter.
(b) The director may also advertise tests in professional and trade
publications, post notices of the tests in schools and colleges, and
employ any other methods of publicizing tests which he considers
appropriate.
(c) This section does not apply to noncompetitive qualifying
promotional examinations. (Formerly: Acts 1941, c.139, s.18; Acts 1949, c.235, s.7.) As
amended 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 the
resulting list established not later than thirty (30) days after the date
on which the test was held, unless such time is extended by the
director for reasons which the director shall record in the official
records of the department. The final earned rating of each person
competing in any test shall be determined by the weighted average
of the earned ratings of the test, according to weights for each phase
established by the director in advance of the giving of the test. The
names of all persons attaining the minimum final earned ratings
established by the director in advance of the giving of the tests shall
be placed upon the eligible list in order of their ratings. The names
of persons who have indicated in writing that they are unwilling to
accept appointment may be dropped from the list. All persons
competing in any test shall be given written notice of their final
earned ratings. Statements of former employers of the applicants
shall be confidential. A manifest error in rating a test shall be
corrected if called to the attention of the director, but such correction
shall not invalidate any appointment previously made from such a
list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the
United States who served on active duty in any branch of the armed
forces and who at no time received a discharge or separation under
other than honorable conditions, except corrected separation or
discharge to read "honorable" as evidenced by appropriate records
presented from the United States Department of Defense or
appropriate branch of the military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have
established the present existence of a service connected
disability of ten percent (10%) or more, as evidenced by records
of the United States Department of Veterans Affairs or
disability retirement benefits as evidenced by laws administered
by the United States Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of
when served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of
persons taking the competitive examination under subsection
(c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the
total combined test scores of the person and shall not be allocated to
any single feature or part of the competitive examination. Rating
shall be based on a scale of one hundred (100) points as the
maximum attainable.
(f) When veterans preference in state service employment is
limited to wartime veterans, this subsection applies for the purpose
of 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, which
service is recognized by the award of a service or campaign
medal 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 the
United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began
or ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or
more wartime periods;
(4) service of less than ninety (90) days, if discharged for a
disability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), which
must be documented by appropriate records of the United States
Department of Defense.
(h) In examinations where experience is an element of
qualification, time spent in the armed forces of the United States
shall be credited in a veteran's rating where the veteran's actual
employment in a similar vocation to that for which the veteran is
examined was interrupted by such service. In all examinations to
determine the qualifications of a veteran applicant, credit shall be
given for all valuable experience, including experience gained in
religious, civic, welfare, service, and organizational activities,
regardless of whether any compensation was received for the
experience.
(i) In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to
preference eligibles, the department shall waive requirements as to
age, height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the
physical requirements in the case of any veteran, if the veteran is, in
the opinion of the director, physically able to discharge efficiently
the duties of the position for which the examination is given. No
minimum educational requirement may be prescribed in any civil
service examination except for such scientific, technical, or
professional positions, the duties of which the department decides
cannot be performed by a person who does not have such education.
The director shall make a part of the department's public records the
director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of
time spent in active service in the armed forces of the United States
of each such employee shall be credited in computing length of total
service. Veteran's preference points shall be added to the retention
score of a preference eligible. When any of the functions of any state
agency are transferred to, or when any state agency is replaced by,
some other state agency or agencies, all preference employees in the
function or functions transferred or in the agency replaced shall first
be transferred to the replacing agency or agencies for employment in
positions for which they are qualified, before the agency or agencies
appoint additional employees from any other sources for such
positions.
(m) Any preference eligible who has resigned may, at the request
of any appointing officer, be certified for and appointed to any
position for which the preference eligible has been a regular
employee in the state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference
eligible's qualifications have been established.
(o) Applicants claiming preference of their own service must
submit either:
(1) original discharge or separation or certified copies or
photostat copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans 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 a
vacancy in the classified service, he shall submit to the director a
statement showing the position to be filled, the duties of the position,
and the necessary and desirable qualifications of the person to be
appointed to the position, and shall request the director to certify the
names of persons eligible for appointment to the position. The
director shall then certify to the appointing authority the names of
seven (7) persons eligible for the position, and if more than one (1)
vacancy is to be filled, the names of two (2) additional persons
eligible for each additional vacancy. Each time that the director
determines that:
(1) the appointing authority has made all reasonable efforts and
has 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 the
appointing authority.
(b) The names certified shall be the highest ranking eligible
persons willing to accept employment. Names shall be certified from
each list in the order of their rank on that list. The appointing
authority may exercise his discretion in appointing any of the persons
whose 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 and
examination 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 substantially
limits one (1) or more of the major life activities of the
individual; 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 director
may waive minimum qualifications and an examination for an
approved individual upon certification by an Indiana rehabilitation
facility or the rehabilitation services bureau of the division of
disability and rehabilitative services that the individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to
perform the essential functions of a position classification with
or without reasonable accommodation or with special
accommodation for supported employment.
(c) The names of applicants with a disability qualified under
subsection (b) shall be certified with or in addition to the names
certified 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 classified
service after certification of his name from a promotion list or an
eligible list shall be tested by a working test while occupying the
position. The period of the working test shall commence immediately
upon appointment and shall continue for such time as shall be
established by the director. At least once during the working test
period and in such manner as the director may require, the appointing
authority shall prepare for the director a full performance appraisal
of the employee's work. At any time after the first two (2) months of
an employee's working test period, the appointing authority may
remove an employee, if, in the opinion of the appointing authority,
the working test indicates:
(1) that the employee is unable or unwilling to perform his
duties satisfactorily; or
(2) that his habits and dependability do not merit his
continuance in the position.
Upon such removal, the appointing authority shall immediately
report to the director and to the employee removed his action and the
reason for the action. No more than three (3) employees shall be
removed successively from the same position during their working
test periods without the approval of the director. The appointing
authority may remove an employee within the first two (2) months
of his working test period only with the approval of the director. The
director may remove an employee during his working test period if
he finds, after giving him notice and an opportunity to be heard, that
the 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 whether
the services of the employee have been satisfactory and whether he
will continue the employee in his position. A copy of the notice shall
be given to the employee. No employee shall be paid for work
performed after the expiration of his working test period unless, prior
to the performance of the work, the appointing authority has notified
the 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 in
the classified service, and the director cannot certify the required
number of eligibles for such vacancy because there is no appropriate
list or because there is not a sufficient number of persons on
appropriate lists who are willing to accept appointment, the director
may authorize the appointing authority to fill the vacancy by
provisional appointment. A provisional appointee shall hold his
position only until an appropriate list has been established and the
required certification can be made. No provisional appointee shall
hold his position for more than six (6) months. No provisional
appointment shall be renewed, and no person shall receive more than
one (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 an
employee from one position to another position in the same class or
rank in his division of the service. Upon making such an assignment
the appointing authority shall immediately give written notice of his
action to the director. A transfer of an employee from a position in
one division of the service to a position in the same class or rank in
another division of the service may be made with the approval of the
director and of the appointing authorities of both divisions of the
service. No employee shall be transferred from a position in one
class to a position in another class of a higher rank or for which there
are substantially dissimilar requirements for appointment unless he
is appointed to the latter position after certification of his name from
a list in accordance with this chapter. Any change of a regular
employee from a position in one class to a position in a class of a
lower rank shall be considered a demotion and shall be made only in
accordance with the procedure prescribed by section 34 of this
chapter for cases of dismissal. An employee thus demoted shall have
the right to appeal under section 35 of this chapter. The removal of
an employee from a promotional working test is not appealable
unless 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 subject
to such rules as the director may prescribe. Any person who has
resigned while in good standing from the classified service and
whose resignation has been accepted may, at the discretion of the
director, not later than two (2) years after the date of his resignation,
have his name placed on the appropriate reemployment list by
submitting a written request to the director. (Formerly: Acts 1941, c.139, s.26; Acts 1949, c.235, s.9.) As
amended 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 to
supply the needs of the service by appointments made in accordance
with the procedure prescribed by this chapter, the director, subject to
the rules, may adopt, or authorize the use of, such other procedures
as he determines to be appropriate in order to meet the needs of the
service, while assuring the selection of such employees on the basis
of 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 periodic
intervals, at the place of employment or elsewhere after such
notice as the director considers adequate;
(3) the registration of applicants who pass a noncompetitive test
or submit satisfactory evidence of their qualifications, and
appointment of registered applicants in the order of their
application or by lot; or
(4) any variation or combination of the foregoing, or other
suitable 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, the
director shall establish, and may from time to time amend, standards
of performance and output for employees in each class of positions
in the classified service or for groups of classes, and a system of
service ratings based upon these standards. In such manner and with
such weight as shall be provided in the rules, service ratings shall be
considered:
(1) in determining salary increases and decreases within the
limits 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 forces
are reduced because of lack of funds or work, and the order in
which names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should be
promoted, transferred, or who, because of their low-service
value, should be demoted or dismissed.
In such manner and at such time as the rules may require, each
appointing authority shall make and report to the director the service
ratings of employees in his division of the service or such
information as the director may request as a basis for determining the
service ratings.
(b) All officers and employees of the state, shall, during usual
business hours, grant to the members of the board, the director, and
any agent or employee of the board designated by it or him, free
access to the premises and records pertaining to personnel matters
under their control and shall furnish them such facilities, assistance,
and information as may be required in administering the provisions
of 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 authorities
and other supervising officials, may establish programs for the
training and further education of employees to the end that the
quality of the service rendered by persons in the classified service
may be continually improved and the employees may be prepared to
take 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 of
positions in the classified service. They shall contain provisions for
annual, sick, and special leaves of absence with or without pay or
with reduced pay, and may allow special extended leaves for
employees disabled through injury or illness arising out of their
employment, 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 other
temporary or permanent changes in the status of employees in both
the unclassified and the classified service shall be reported to the
director at such time, in such form, and together with such supporting
or pertinent information, as the director may prescribe. The director
shall maintain a perpetual roster of all officers and employees in the
unclassified service and the classified service, showing for each such
person the title of the position held, his departmental or other agency
assignment, his salary rate, date of appointment, complete
employment history, and such other data as the director considers
pertinent. The director shall also maintain such other personnel
records as he may consider desirable or as the board shall direct, and
shall make available to the governor, the general assembly, the
budget director, department and institution executives, and other
persons having a proper interest therein tabulations and analyses of
such 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 other
fiscal officer of the state shall not draw, sign, or issue or authorize
the drawing, signing, or issuing of any warrant or check upon the
treasurer of state or another disbursing officer of the state for the
payment of a salary or other compensation for personal services
within the state service. The treasurer of state or another disbursing
officer of the state shall not pay any salary or other compensation for
personal services unless a payroll or account for the salary or other
compensation containing the name of every person to be paid and the
accounts to be paid to the person has been certified by the director or
a person designated by the director to the effect that the persons
named on the payroll or account are either in the unclassified service
or have been appointed or otherwise established in their positions
according to the provisions of this chapter, and that the payment of
the amounts shown on the payroll or account will not violate the
provisions of the pay plan or the rules pertaining to the payment.
(b) Any payment violating the provisions of the pay plan or the
rules pertaining to the payment, or made to a person appointed or
established in the person's position in a manner contrary to the
provisions of this chapter, may be recovered from the appointing
authority, the director, or any officer or person making the payment,
whichever is liable, or from the sureties on the official bond for the
officer or person. Action for recovery may be maintained by the
board or any member of the board, any officer or employee of the
state service, or any citizen of the state. All money recovered under
this section shall be paid into the state treasury. Any citizen may
maintain a suit to restrain a disbursing officer from making any
payment in contravention of any provision of this chapter or of any
lawful rule or order under this chapter.
(c) Any person appointed or employed in contravention of any
provision of this chapter or of any rule or order under this chapter
who performs service for which the person is not paid shall have and
may maintain an action against the officer or officers who purported
so to appoint or employ the person to recover the agreed pay for
services, or the reasonable value of the services if no pay was agreed
upon. No officer shall be reimbursed by the state at any time for any
sum paid to the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account. (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 the
classified service whenever it is deemed necessary, due to shortage
of work or funds, or the abolishment of a position, or other material
change in duties or organization. For purposes of this section, offices
and positions of employment in each county where the division of
service operates is considered one autonomous unit and lay-off
procedures will apply within the county affected by the lay-off.
When a lay-off is necessary, the appointing authority will determine
in which class or classes the lay-off or lay-offs will occur, the
number of employees to be laid off within each affected class, the
county or counties where lay-offs are to occur and give written notice
to the director a reasonable time before the effective date of the
lay-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 the
lay-off and will reflect systematic consideration of seniority, service
ratings, veterans' preference status, and employment status. The
director shall provide the appointing authority with a written notice
containing the names and retention points of employees to be laid off
in each county, and such orders relating to the lay-off as deemed
necessary to secure compliance with this section.
(b) Any employee in the classified service who has been notified
of pending lay-off and who has permanent status in a lower class has
the right, provided they have more retention points, to displace
within the same affected county, the employee with the least
retention points in that lower class. Any employee in the classified
service who has permanent status in a lower class and is displaced by
another employee has the right, provided they have more retention
points, to displace within the same affected county the employee
with the least retention points in that lower class. This procedure
shall continue until the employee with the least retention points in
the lowest class, in the same affected county, of the same appointing
authority has been reached, and if necessary, laid off. Should a layoff
result in the closing of all offices in a county, any employee in the
classified service who has been notified of pending lay-off and who
has permanent status in the class from which they are laid off may,
provided they have more retention points, displace within the
division of service in any contiguous county the employee with the
least retention points in that class.
(c) Employees who have been reduced or laid off will be placed
on appropriate re-employment lists in accordance with rules
established by the director. Those employees with the highest
retention points in each affected class will be placed at the top of the
list followed by employees ranked in descending order. An employee
who 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, the
appointing authority, for the division of service affected, shall not
hire nor promote anyone into a class affected by the lay-off until all
laid off employees on the re-employment list for that class have been
reinstated or decline the position when it is offered. Employees who
fail to respond within five (5) days, to a written offer sent to their last
known address, will be deemed to have declined. Even though a
lay-off applies only to affected counties, re-employment rights
extend to all counties, and at the request of the laid off or reduced
employee, their name will be placed on the appropriate
re-employment list for any or all counties. (Formerly: Acts 1941, c.139, s.33; Acts 1949, c.235, s.10.) As
amended by Acts 1981, P.L.35, SEC.1.
IC 4-15-2-33 Suspension
Sec. 33. An appointing authority, the appointing authority's
designee, or the ethics commission may, for disciplinary purposes,
suspend without pay a regular employee for a length of time as the
appointing authority, the appointing authority's designee, or the
ethics commission considers appropriate, not exceeding thirty (30)
days in any twelve (12) month period. With the approval of the
director a regular employee may be suspended for a longer period
pending the administrative investigation or trial of any charges
against the employee. If the outcome of the charges or trial of any
charges is favorable to the employee, the appointing authority shall
reimburse the employee any lost wages and benefits for the
suspension period less any wages the employee might have earned
during 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's
designee, or the ethics commission may dismiss for cause any regular
employee. No dismissal of a regular employee shall take effect,
unless, at least thirty (30) days before the effective date of the
dismissal, the appointing authority, the appointing authority's
designee, or the ethics commission gives to the employee a written
statement of the reasons for the dismissal and files a copy of the
statement with the director. During the thirty (30) day notice period
the employee shall be suspended without pay pending dismissal. The
employee shall have an opportunity to f
IC 4-15-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the "State
Personnel Act". This chapter shall be liberally construed to effectuate
its policies and purposes to increase governmental efficiency, to
ensure the appointment of qualified persons to the state service solely
on the basis of proved merit, to offer any person a fair and equal
opportunity to enter the state service, and to afford the employees in
state service an opportunity for public service and individual
advancement according to fair standards of accomplishment based
upon merit principles. To these ends there is by this chapter
established a personnel system based on merit and scientific methods
relating to the appointment, compensation, promotion, transfer, lay
off, removal, and discipline of employees and to other incidents of
state 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 persons
covered on January 1, 1966, by this chapter or coming under the
provisions of this chapter after January 1, 1966, shall be eligible for,
shall participate in, and shall receive the benefits of the public
employees retirement program as provided by IC 5-10.2 and
IC 5-10.3. (Formerly: Acts 1941, c.139, s.1a; Acts 1965, c.286, s.1.) As
amended 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 who
has the power by law or by lawfully delegated authority to make
appointment 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 board
created 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 of
trust and employment in the state service except those placed in the
unclassified 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 appeals
commission 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 advisory
board, the state personnel director, and the employees of the board
and 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 provided
for 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 the
reemployment, 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 been
found qualified by an entrance test for appointment to a position in
a 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 particular
class, admission to which is not limited to individuals employed in
the 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 who
have been found qualified by a promotion test for appointment to a
position 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 particular
class, admission to which is limited to regular employees in the
classified 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 as
provided in IC 4-15-2 in which an individual may have a reasonable
opportunity 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 who
have been regular employees in a particular class in the state service
but have been separated from the service and are entitled to have
their 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 and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies,
assistants reporting to appointing authorities, or supervisors of
major units within state agencies, irrespective of the title carried
by those positions, of the division of disability and
rehabilitative services, division of aging, Fort Wayne State
Developmental Center, division of mental health and addiction,
Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Evansville State
Hospital, Logansport State Hospital, Madison State Hospital,
Richmond State Hospital, state department of health, Indiana
School for the Blind and Visually Impaired, Indiana School for
the 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, Putnamville
Correctional Facility, Indianapolis Juvenile Correctional
Facility, Indiana State Prison, Indiana Women's Prison,
Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of
homeland security (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-14-3), civil rights commission,
criminal justice planning agency, department of workforce
development, Indiana historical bureau, Indiana state library,
division of family resources, department of child services,
Indiana state board of animal health, Federal Surplus Property
Warehouse, Indiana education employment relations board,
department of labor, Indiana protection and advocacy services
commission, commission on public records, Indiana horse
racing 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;
IC 4-15-2-4 Appointments; promotions; transfers
Sec. 4. All appointments to positions in classified service shall be
made on the basis provided in this chapter. The appointment,
promotion, demotion, transfer, layoff, removal, and discipline of
employees and other incidents of state employment with respect to
each division of the service shall be governed by the provisions of
this chapter and every appointing authority shall, in respect to
matters of state employment, be governed and limited by the system
of 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 and
effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to
public inspection.
(3) To advise the state personnel director on matters pertaining
to state personnel policies and practices. (Formerly: Acts 1941, c.139, s.6; Acts 1971, P.L.35, SEC.6; Acts
1973, P.L.20, SEC.2.) As amended by Acts 1977, P.L.30, SEC.2; Acts
1982, P.L.23, SEC.11.
IC 4-15-2-6 Director; powers and duties
Sec. 6. (a) The director shall direct and supervise all
administrative and technical activities. In addition to the duties
imposed elsewhere in this chapter, the director shall do the
following:
(1) Establish and maintain a roster of all employees in the state
service. Prepare or cause to be prepared and recommend a
classification and pay plan. Administer the classification and
pay plan. Allocate all positions in the state service to their
proper class. Formulate eligible lists. Certify persons qualified
for appointment. Certify employees for transfer, demotion,
promotion, suspension, layoff, and dismissal. Rate employees'
services. Arrange with heads of the divisions of the service for
employee training. Attend to and perform all other duties
imposed by this chapter.
(2) Appoint, under this chapter, such employees of the
department and such experts and special assistants as may be
necessary to carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already
in operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing and
to be created, in the state service.
(5) Investigate from time to time the operation and effect of this
chapter and of the rules and report the director's findings and
recommendations to the board.
(6) Administer, enforce, and make effective this chapter and the
rules. Discharge all duties imposed upon the director by the
board, and perform any other lawful acts which the director
may consider necessary or desirable to carry out the purposes
of this chapter.
(b) The director shall appoint one (1) or more employees of the
department to be the director's deputies.
(c) The director shall employ such expert or special examiners for
the conduct of tests as may be required. The director may select
officers or employees in the state service to act as examiners in the
preparation and rating of tests. An appointing authority may excuse
any employee in the authority's division of the service from the
employee's regular duties for the time required for work as an
examiner. Officers and employees shall not be entitled to extra pay
for their service as examiners, but shall be entitled to reimbursement
for necessary traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the director
may consider necessary, appropriate, or desirable to carry out this
chapter.
(e) The director shall institute an employee awards system
designed to encourage state employees to submit suggestions that
will reduce the costs, or improve the quality, of state services. All
full-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, the
officer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount of
any award to be given under subsection (e). The state suggestion
committee consists of the state personnel director, the director of the
budget agency, and the state examiner of the state board of accounts.
Any officer of state who is made a member of the suggestion
committee may delegate that responsibility to a subordinate
employee. (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 service
and 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 chief
administrative officer in each of the state agencies covered
by the definition of state service.
(C) The unemployment insurance review board of the
department of workforce development.
(2) The classified part of the state service includes all civil
offices and positions in the state service on May 1, 1941, other
than those in the unclassified service.
(b) This section shall not be construed to include in the state
service any person or persons who are excluded from the definition
of state service. (Formerly: Acts 1941, c.139, s.8; Acts 1949, c.235, s.3.) As amended
by 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 are
brought within the provisions of this chapter, either through a
separate statute or by amendment to this chapter, persons in such
agencies or institutions who are in and have been in positions or
similar positions in the state service not theretofore subject to the
merit provisions of this chapter shall be entitled to continue to hold
such positions until they have an opportunity to acquire regular
status. Persons who have been in the same or similar positions for six
(6) months or more shall receive regular status by passing a
noncompetitive qualifying examination for the classification to
which their position has been allocated. Persons with less than six (6)
months' service in the same or similar positions shall hold their
positions temporarily subject to the entrance examination
requirements of this chapter. All qualifying examinations shall be
held within one (1) year after the agency or institution is brought
under this chapter, unless the period for holding such examinations
is extended by the board with adequate reasons for such extension
made a part of the official minutes of the board.
(b) Upon the recommendation of the director and the approval of
the board, those employees in any department or division of the state
government who have been appointed under a merit system
satisfactorily complying with the provisions of this chapter may be
brought into the classified service without examination and retain
their existing position. (Formerly: Acts 1941, c.139, s.9; Acts 1949, c.235, s.4.) As amended
by 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 be
ascertained the duties, authority and responsibilities of all positions
in the classified service. The director shall prepare a classification
plan, which shall group all positions in the classified service in
classes, based on their duties, authority and responsibilities. The
classification plan shall set forth, for each class of positions, the class
title and a statement of the duties, authority and responsibilities
thereof. Each class of positions may be subdivided, and classes may
be grouped and ranked in such manner as considered appropriate.
(b) Positions shall be reclassified or new positions classified or
reallocated or new positions allocated in the same manner as
provided for original classification or allocation.
(c) As promptly as practicable after the adoption of the
classification plan, and after consultation with appointing authorities,
the director shall allocate each position in the classified service to the
appropriate class therein on the basis of its duties, authority and
responsibilities.
(d) The director shall periodically review the positions in each
agency and institution and shall reallocate the positions to the proper
classes based on the duties and responsibilities of the position as
constituted at the time of his review. Whenever a position is
reallocated to a class in a lower pay grade, the employee holding the
position at the time of the reallocation shall be paid within the
established salary range for the class to which the position is
reallocated. (Formerly: Acts 1941, c.139, s.10; Acts 1971, P.L.35, SEC.8.) As
amended 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 the
allocation to the classes therein of positions in the classified service,
the class titles or corresponding code numbers set forth therein shall
be used to designate such positions in all personnel, accounting,
budget, appropriation, and financial records and communications of
all state departments, institutions and agencies. No person shall be
appointed to or employed in a position in the classified service under
a class title which has not been approved by the director as
appropriate to the duties to be performed. (Formerly: Acts 1941, c.139, s.11; Acts 1949, c.235, s.5.) As
amended by Acts 1982, P.L.23, SEC.14.
IC 4-15-2-11 Pay plan
Sec. 11. After consultation with the state budget agency, the
director shall prepare and recommend to the governor a pay plan for
all employees holding positions for which compensation is not fixed
by law. The pay plan shall include employees in the unclassified, as
well as the classified service and shall provide, for each class of
positions, a minimum and a maximum rate of pay and such
intermediate rates of pay as the director considers necessary or
equitable. In establishing such rates, the director shall give
consideration to the experience in recruiting for positions in the state
service, the prevailing rates of pay for the service performed, and for
comparable services in public and private employment, living costs,
maintenance or other benefits received by employees, and the state's
financial condition and policies. The pay plan shall take effect when
approved by the state budget agency and accepted by the governor. (Formerly: Acts 1941, c.139, s.12; Acts 1971, P.L.35, SEC.9.) As
amended 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.) As
amended 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 reemployment
lists, which shall contain the names of persons who have been
regular employees and who were separated from their positions for
reasons other than fault or delinquency on their part. The order in
which names shall be placed on a reemployment list shall be
established by the rules. The length of time for which a name shall
remain on a reemployment list shall be established by the rules and
shall 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 such
promotion lists and eligible lists for the various classes of positions
in the classified service as he considers necessary or desirable to
meet the needs of the service. On each promotion list and eligible
list, the eligibles shall be ranked in the order of their ratings earned
in the test given for the purpose of establishing the list.
(b) The director shall determine at the time any promotion list or
eligible list is established the period during which the list shall
remain in force. The director may consolidate or cancel promotion
lists and eligible lists as the needs of the service may require and as
authorized 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 and
entrance tests as he considers necessary for the purpose of
establishing promotion lists and eligible lists.
(b) The tests shall be competitive and shall be of such character
as to determine the qualifications, fitness, and ability of the persons
tested to perform the duties of the class of positions for which a list
is to be established. However, in the case of promotions, at the
discretion of the director, noncompetitive qualifying examinations
may be given to persons with regular status who meet the established
qualifications for the positions for which such examinations are to be
given. The tests may be written, oral, physical, or in the form of a
demonstration of skill, or any combination of these types. The tests
may take into consideration such factors, including education,
experience, aptitude, capacity, knowledge, character, physical
fitness, 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 for
employment, under rules of the director; or
(4) one (1) year from the date of an examination, unless the
applicant requests annually that the test scores remain valid
with 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 secret
the identity of applicants and examiners when necessary to preserve
the integrity of tests.
(d) No question shall be so framed as to elicit information
concerning the political or religious opinions or affiliations of an
applicant.
(e) When entrance tests are conducted in respect to any institution
which is located outside of Marion County, wherever feasible, such
tests shall be conducted in the county in which the institution is
located. (Formerly: Acts 1941, c.139, s.16; Acts 1949, c.235, s.6.) As
amended 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 admission
to any test. Subject to such limitations as the director considers in the
best interests of the service, admission to tests shall be open to all
persons who appear to possess the required qualifications and may
be lawfully appointed to a position in the class for which a list is to
be established. The director may reject the application of any person
for admission to a test or may strike the name of any person from a
list 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 the
position in which he seeks employment;
(3) is addicted to the habitual excessive use of drugs or
intoxicating liquor;
(4) has been convicted for a crime or guilty of any notoriously
disgraceful conduct;
(5) has been dismissed from the public service for delinquency;
or
(6) has made a false statement of a material fact or practiced or
attempted to practice any fraud or deception in his application
or test or in attempting to secure appointment. (Formerly: Acts 1941, c.139, s.17; Acts 1971, P.L.35, SEC.10.) As
amended 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 each
entrance test, except as otherwise provided in section 26 of this
chapter.
(b) The director may also advertise tests in professional and trade
publications, post notices of the tests in schools and colleges, and
employ any other methods of publicizing tests which he considers
appropriate.
(c) This section does not apply to noncompetitive qualifying
promotional examinations. (Formerly: Acts 1941, c.139, s.18; Acts 1949, c.235, s.7.) As
amended 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 the
resulting list established not later than thirty (30) days after the date
on which the test was held, unless such time is extended by the
director for reasons which the director shall record in the official
records of the department. The final earned rating of each person
competing in any test shall be determined by the weighted average
of the earned ratings of the test, according to weights for each phase
established by the director in advance of the giving of the test. The
names of all persons attaining the minimum final earned ratings
established by the director in advance of the giving of the tests shall
be placed upon the eligible list in order of their ratings. The names
of persons who have indicated in writing that they are unwilling to
accept appointment may be dropped from the list. All persons
competing in any test shall be given written notice of their final
earned ratings. Statements of former employers of the applicants
shall be confidential. A manifest error in rating a test shall be
corrected if called to the attention of the director, but such correction
shall not invalidate any appointment previously made from such a
list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the
United States who served on active duty in any branch of the armed
forces and who at no time received a discharge or separation under
other than honorable conditions, except corrected separation or
discharge to read "honorable" as evidenced by appropriate records
presented from the United States Department of Defense or
appropriate branch of the military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have
established the present existence of a service connected
disability of ten percent (10%) or more, as evidenced by records
of the United States Department of Veterans Affairs or
disability retirement benefits as evidenced by laws administered
by the United States Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of
when served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of
persons taking the competitive examination under subsection
(c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the
total combined test scores of the person and shall not be allocated to
any single feature or part of the competitive examination. Rating
shall be based on a scale of one hundred (100) points as the
maximum attainable.
(f) When veterans preference in state service employment is
limited to wartime veterans, this subsection applies for the purpose
of 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, which
service is recognized by the award of a service or campaign
medal 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 the
United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began
or ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or
more wartime periods;
(4) service of less than ninety (90) days, if discharged for a
disability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), which
must be documented by appropriate records of the United States
Department of Defense.
(h) In examinations where experience is an element of
qualification, time spent in the armed forces of the United States
shall be credited in a veteran's rating where the veteran's actual
employment in a similar vocation to that for which the veteran is
examined was interrupted by such service. In all examinations to
determine the qualifications of a veteran applicant, credit shall be
given for all valuable experience, including experience gained in
religious, civic, welfare, service, and organizational activities,
regardless of whether any compensation was received for the
experience.
(i) In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to
preference eligibles, the department shall waive requirements as to
age, height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the
physical requirements in the case of any veteran, if the veteran is, in
the opinion of the director, physically able to discharge efficiently
the duties of the position for which the examination is given. No
minimum educational requirement may be prescribed in any civil
service examination except for such scientific, technical, or
professional positions, the duties of which the department decides
cannot be performed by a person who does not have such education.
The director shall make a part of the department's public records the
director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of
time spent in active service in the armed forces of the United States
of each such employee shall be credited in computing length of total
service. Veteran's preference points shall be added to the retention
score of a preference eligible. When any of the functions of any state
agency are transferred to, or when any state agency is replaced by,
some other state agency or agencies, all preference employees in the
function or functions transferred or in the agency replaced shall first
be transferred to the replacing agency or agencies for employment in
positions for which they are qualified, before the agency or agencies
appoint additional employees from any other sources for such
positions.
(m) Any preference eligible who has resigned may, at the request
of any appointing officer, be certified for and appointed to any
position for which the preference eligible has been a regular
employee in the state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference
eligible's qualifications have been established.
(o) Applicants claiming preference of their own service must
submit either:
(1) original discharge or separation or certified copies or
photostat copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans 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 a
vacancy in the classified service, he shall submit to the director a
statement showing the position to be filled, the duties of the position,
and the necessary and desirable qualifications of the person to be
appointed to the position, and shall request the director to certify the
names of persons eligible for appointment to the position. The
director shall then certify to the appointing authority the names of
seven (7) persons eligible for the position, and if more than one (1)
vacancy is to be filled, the names of two (2) additional persons
eligible for each additional vacancy. Each time that the director
determines that:
(1) the appointing authority has made all reasonable efforts and
has 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 the
appointing authority.
(b) The names certified shall be the highest ranking eligible
persons willing to accept employment. Names shall be certified from
each list in the order of their rank on that list. The appointing
authority may exercise his discretion in appointing any of the persons
whose 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 and
examination 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 substantially
limits one (1) or more of the major life activities of the
individual; 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 director
may waive minimum qualifications and an examination for an
approved individual upon certification by an Indiana rehabilitation
facility or the rehabilitation services bureau of the division of
disability and rehabilitative services that the individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to
perform the essential functions of a position classification with
or without reasonable accommodation or with special
accommodation for supported employment.
(c) The names of applicants with a disability qualified under
subsection (b) shall be certified with or in addition to the names
certified 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 classified
service after certification of his name from a promotion list or an
eligible list shall be tested by a working test while occupying the
position. The period of the working test shall commence immediately
upon appointment and shall continue for such time as shall be
established by the director. At least once during the working test
period and in such manner as the director may require, the appointing
authority shall prepare for the director a full performance appraisal
of the employee's work. At any time after the first two (2) months of
an employee's working test period, the appointing authority may
remove an employee, if, in the opinion of the appointing authority,
the working test indicates:
(1) that the employee is unable or unwilling to perform his
duties satisfactorily; or
(2) that his habits and dependability do not merit his
continuance in the position.
Upon such removal, the appointing authority shall immediately
report to the director and to the employee removed his action and the
reason for the action. No more than three (3) employees shall be
removed successively from the same position during their working
test periods without the approval of the director. The appointing
authority may remove an employee within the first two (2) months
of his working test period only with the approval of the director. The
director may remove an employee during his working test period if
he finds, after giving him notice and an opportunity to be heard, that
the 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 whether
the services of the employee have been satisfactory and whether he
will continue the employee in his position. A copy of the notice shall
be given to the employee. No employee shall be paid for work
performed after the expiration of his working test period unless, prior
to the performance of the work, the appointing authority has notified
the 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 in
the classified service, and the director cannot certify the required
number of eligibles for such vacancy because there is no appropriate
list or because there is not a sufficient number of persons on
appropriate lists who are willing to accept appointment, the director
may authorize the appointing authority to fill the vacancy by
provisional appointment. A provisional appointee shall hold his
position only until an appropriate list has been established and the
required certification can be made. No provisional appointee shall
hold his position for more than six (6) months. No provisional
appointment shall be renewed, and no person shall receive more than
one (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 an
employee from one position to another position in the same class or
rank in his division of the service. Upon making such an assignment
the appointing authority shall immediately give written notice of his
action to the director. A transfer of an employee from a position in
one division of the service to a position in the same class or rank in
another division of the service may be made with the approval of the
director and of the appointing authorities of both divisions of the
service. No employee shall be transferred from a position in one
class to a position in another class of a higher rank or for which there
are substantially dissimilar requirements for appointment unless he
is appointed to the latter position after certification of his name from
a list in accordance with this chapter. Any change of a regular
employee from a position in one class to a position in a class of a
lower rank shall be considered a demotion and shall be made only in
accordance with the procedure prescribed by section 34 of this
chapter for cases of dismissal. An employee thus demoted shall have
the right to appeal under section 35 of this chapter. The removal of
an employee from a promotional working test is not appealable
unless 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 subject
to such rules as the director may prescribe. Any person who has
resigned while in good standing from the classified service and
whose resignation has been accepted may, at the discretion of the
director, not later than two (2) years after the date of his resignation,
have his name placed on the appropriate reemployment list by
submitting a written request to the director. (Formerly: Acts 1941, c.139, s.26; Acts 1949, c.235, s.9.) As
amended 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 to
supply the needs of the service by appointments made in accordance
with the procedure prescribed by this chapter, the director, subject to
the rules, may adopt, or authorize the use of, such other procedures
as he determines to be appropriate in order to meet the needs of the
service, while assuring the selection of such employees on the basis
of 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 periodic
intervals, at the place of employment or elsewhere after such
notice as the director considers adequate;
(3) the registration of applicants who pass a noncompetitive test
or submit satisfactory evidence of their qualifications, and
appointment of registered applicants in the order of their
application or by lot; or
(4) any variation or combination of the foregoing, or other
suitable 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, the
director shall establish, and may from time to time amend, standards
of performance and output for employees in each class of positions
in the classified service or for groups of classes, and a system of
service ratings based upon these standards. In such manner and with
such weight as shall be provided in the rules, service ratings shall be
considered:
(1) in determining salary increases and decreases within the
limits 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 forces
are reduced because of lack of funds or work, and the order in
which names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should be
promoted, transferred, or who, because of their low-service
value, should be demoted or dismissed.
In such manner and at such time as the rules may require, each
appointing authority shall make and report to the director the service
ratings of employees in his division of the service or such
information as the director may request as a basis for determining the
service ratings.
(b) All officers and employees of the state, shall, during usual
business hours, grant to the members of the board, the director, and
any agent or employee of the board designated by it or him, free
access to the premises and records pertaining to personnel matters
under their control and shall furnish them such facilities, assistance,
and information as may be required in administering the provisions
of 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 authorities
and other supervising officials, may establish programs for the
training and further education of employees to the end that the
quality of the service rendered by persons in the classified service
may be continually improved and the employees may be prepared to
take 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 of
positions in the classified service. They shall contain provisions for
annual, sick, and special leaves of absence with or without pay or
with reduced pay, and may allow special extended leaves for
employees disabled through injury or illness arising out of their
employment, 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 other
temporary or permanent changes in the status of employees in both
the unclassified and the classified service shall be reported to the
director at such time, in such form, and together with such supporting
or pertinent information, as the director may prescribe. The director
shall maintain a perpetual roster of all officers and employees in the
unclassified service and the classified service, showing for each such
person the title of the position held, his departmental or other agency
assignment, his salary rate, date of appointment, complete
employment history, and such other data as the director considers
pertinent. The director shall also maintain such other personnel
records as he may consider desirable or as the board shall direct, and
shall make available to the governor, the general assembly, the
budget director, department and institution executives, and other
persons having a proper interest therein tabulations and analyses of
such 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 other
fiscal officer of the state shall not draw, sign, or issue or authorize
the drawing, signing, or issuing of any warrant or check upon the
treasurer of state or another disbursing officer of the state for the
payment of a salary or other compensation for personal services
within the state service. The treasurer of state or another disbursing
officer of the state shall not pay any salary or other compensation for
personal services unless a payroll or account for the salary or other
compensation containing the name of every person to be paid and the
accounts to be paid to the person has been certified by the director or
a person designated by the director to the effect that the persons
named on the payroll or account are either in the unclassified service
or have been appointed or otherwise established in their positions
according to the provisions of this chapter, and that the payment of
the amounts shown on the payroll or account will not violate the
provisions of the pay plan or the rules pertaining to the payment.
(b) Any payment violating the provisions of the pay plan or the
rules pertaining to the payment, or made to a person appointed or
established in the person's position in a manner contrary to the
provisions of this chapter, may be recovered from the appointing
authority, the director, or any officer or person making the payment,
whichever is liable, or from the sureties on the official bond for the
officer or person. Action for recovery may be maintained by the
board or any member of the board, any officer or employee of the
state service, or any citizen of the state. All money recovered under
this section shall be paid into the state treasury. Any citizen may
maintain a suit to restrain a disbursing officer from making any
payment in contravention of any provision of this chapter or of any
lawful rule or order under this chapter.
(c) Any person appointed or employed in contravention of any
provision of this chapter or of any rule or order under this chapter
who performs service for which the person is not paid shall have and
may maintain an action against the officer or officers who purported
so to appoint or employ the person to recover the agreed pay for
services, or the reasonable value of the services if no pay was agreed
upon. No officer shall be reimbursed by the state at any time for any
sum paid to the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account. (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 the
classified service whenever it is deemed necessary, due to shortage
of work or funds, or the abolishment of a position, or other material
change in duties or organization. For purposes of this section, offices
and positions of employment in each county where the division of
service operates is considered one autonomous unit and lay-off
procedures will apply within the county affected by the lay-off.
When a lay-off is necessary, the appointing authority will determine
in which class or classes the lay-off or lay-offs will occur, the
number of employees to be laid off within each affected class, the
county or counties where lay-offs are to occur and give written notice
to the director a reasonable time before the effective date of the
lay-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 the
lay-off and will reflect systematic consideration of seniority, service
ratings, veterans' preference status, and employment status. The
director shall provide the appointing authority with a written notice
containing the names and retention points of employees to be laid off
in each county, and such orders relating to the lay-off as deemed
necessary to secure compliance with this section.
(b) Any employee in the classified service who has been notified
of pending lay-off and who has permanent status in a lower class has
the right, provided they have more retention points, to displace
within the same affected county, the employee with the least
retention points in that lower class. Any employee in the classified
service who has permanent status in a lower class and is displaced by
another employee has the right, provided they have more retention
points, to displace within the same affected county the employee
with the least retention points in that lower class. This procedure
shall continue until the employee with the least retention points in
the lowest class, in the same affected county, of the same appointing
authority has been reached, and if necessary, laid off. Should a layoff
result in the closing of all offices in a county, any employee in the
classified service who has been notified of pending lay-off and who
has permanent status in the class from which they are laid off may,
provided they have more retention points, displace within the
division of service in any contiguous county the employee with the
least retention points in that class.
(c) Employees who have been reduced or laid off will be placed
on appropriate re-employment lists in accordance with rules
established by the director. Those employees with the highest
retention points in each affected class will be placed at the top of the
list followed by employees ranked in descending order. An employee
who 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, the
appointing authority, for the division of service affected, shall not
hire nor promote anyone into a class affected by the lay-off until all
laid off employees on the re-employment list for that class have been
reinstated or decline the position when it is offered. Employees who
fail to respond within five (5) days, to a written offer sent to their last
known address, will be deemed to have declined. Even though a
lay-off applies only to affected counties, re-employment rights
extend to all counties, and at the request of the laid off or reduced
employee, their name will be placed on the appropriate
re-employment list for any or all counties. (Formerly: Acts 1941, c.139, s.33; Acts 1949, c.235, s.10.) As
amended by Acts 1981, P.L.35, SEC.1.
IC 4-15-2-33 Suspension
Sec. 33. An appointing authority, the appointing authority's
designee, or the ethics commission may, for disciplinary purposes,
suspend without pay a regular employee for a length of time as the
appointing authority, the appointing authority's designee, or the
ethics commission considers appropriate, not exceeding thirty (30)
days in any twelve (12) month period. With the approval of the
director a regular employee may be suspended for a longer period
pending the administrative investigation or trial of any charges
against the employee. If the outcome of the charges or trial of any
charges is favorable to the employee, the appointing authority shall
reimburse the employee any lost wages and benefits for the
suspension period less any wages the employee might have earned
during 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's
designee, or the ethics commission may dismiss for cause any regular
employee. No dismissal of a regular employee shall take effect,
unless, at least thirty (30) days before the effective date of the
dismissal, the appointing authority, the appointing authority's
designee, or the ethics commission gives to the employee a written
statement of the reasons for the dismissal and files a copy of the
statement with the director. During the thirty (30) day notice period
the employee shall be suspended without pay pending dismissal. The
employee shall have an opportunity to f
IC 4-15-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the "State
Personnel Act". This chapter shall be liberally construed to effectuate
its policies and purposes to increase governmental efficiency, to
ensure the appointment of qualified persons to the state service solely
on the basis of proved merit, to offer any person a fair and equal
opportunity to enter the state service, and to afford the employees in
state service an opportunity for public service and individual
advancement according to fair standards of accomplishment based
upon merit principles. To these ends there is by this chapter
established a personnel system based on merit and scientific methods
relating to the appointment, compensation, promotion, transfer, lay
off, removal, and discipline of employees and to other incidents of
state 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 persons
covered on January 1, 1966, by this chapter or coming under the
provisions of this chapter after January 1, 1966, shall be eligible for,
shall participate in, and shall receive the benefits of the public
employees retirement program as provided by IC 5-10.2 and
IC 5-10.3. (Formerly: Acts 1941, c.139, s.1a; Acts 1965, c.286, s.1.) As
amended 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 who
has the power by law or by lawfully delegated authority to make
appointment 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 board
created 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 of
trust and employment in the state service except those placed in the
unclassified 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 appeals
commission 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 advisory
board, the state personnel director, and the employees of the board
and 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 provided
for 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 the
reemployment, 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 been
found qualified by an entrance test for appointment to a position in
a 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 particular
class, admission to which is not limited to individuals employed in
the 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 who
have been found qualified by a promotion test for appointment to a
position 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 particular
class, admission to which is limited to regular employees in the
classified 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 as
provided in IC 4-15-2 in which an individual may have a reasonable
opportunity 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 who
have been regular employees in a particular class in the state service
but have been separated from the service and are entitled to have
their 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 and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies,
assistants reporting to appointing authorities, or supervisors of
major units within state agencies, irrespective of the title carried
by those positions, of the division of disability and
rehabilitative services, division of aging, Fort Wayne State
Developmental Center, division of mental health and addiction,
Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Evansville State
Hospital, Logansport State Hospital, Madison State Hospital,
Richmond State Hospital, state department of health, Indiana
School for the Blind and Visually Impaired, Indiana School for
the 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, Putnamville
Correctional Facility, Indianapolis Juvenile Correctional
Facility, Indiana State Prison, Indiana Women's Prison,
Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of
homeland security (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-14-3), civil rights commission,
criminal justice planning agency, department of workforce
development, Indiana historical bureau, Indiana state library,
division of family resources, department of child services,
Indiana state board of animal health, Federal Surplus Property
Warehouse, Indiana education employment relations board,
department of labor, Indiana protection and advocacy services
commission, commission on public records, Indiana horse
racing 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;
IC 4-15-2-4 Appointments; promotions; transfers
Sec. 4. All appointments to positions in classified service shall be
made on the basis provided in this chapter. The appointment,
promotion, demotion, transfer, layoff, removal, and discipline of
employees and other incidents of state employment with respect to
each division of the service shall be governed by the provisions of
this chapter and every appointing authority shall, in respect to
matters of state employment, be governed and limited by the system
of 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 and
effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to
public inspection.
(3) To advise the state personnel director on matters pertaining
to state personnel policies and practices. (Formerly: Acts 1941, c.139, s.6; Acts 1971, P.L.35, SEC.6; Acts
1973, P.L.20, SEC.2.) As amended by Acts 1977, P.L.30, SEC.2; Acts
1982, P.L.23, SEC.11.
IC 4-15-2-6 Director; powers and duties
Sec. 6. (a) The director shall direct and supervise all
administrative and technical activities. In addition to the duties
imposed elsewhere in this chapter, the director shall do the
following:
(1) Establish and maintain a roster of all employees in the state
service. Prepare or cause to be prepared and recommend a
classification and pay plan. Administer the classification and
pay plan. Allocate all positions in the state service to their
proper class. Formulate eligible lists. Certify persons qualified
for appointment. Certify employees for transfer, demotion,
promotion, suspension, layoff, and dismissal. Rate employees'
services. Arrange with heads of the divisions of the service for
employee training. Attend to and perform all other duties
imposed by this chapter.
(2) Appoint, under this chapter, such employees of the
department and such experts and special assistants as may be
necessary to carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already
in operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing and
to be created, in the state service.
(5) Investigate from time to time the operation and effect of this
chapter and of the rules and report the director's findings and
recommendations to the board.
(6) Administer, enforce, and make effective this chapter and the
rules. Discharge all duties imposed upon the director by the
board, and perform any other lawful acts which the director
may consider necessary or desirable to carry out the purposes
of this chapter.
(b) The director shall appoint one (1) or more employees of the
department to be the director's deputies.
(c) The director shall employ such expert or special examiners for
the conduct of tests as may be required. The director may select
officers or employees in the state service to act as examiners in the
preparation and rating of tests. An appointing authority may excuse
any employee in the authority's division of the service from the
employee's regular duties for the time required for work as an
examiner. Officers and employees shall not be entitled to extra pay
for their service as examiners, but shall be entitled to reimbursement
for necessary traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the director
may consider necessary, appropriate, or desirable to carry out this
chapter.
(e) The director shall institute an employee awards system
designed to encourage state employees to submit suggestions that
will reduce the costs, or improve the quality, of state services. All
full-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, the
officer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount of
any award to be given under subsection (e). The state suggestion
committee consists of the state personnel director, the director of the
budget agency, and the state examiner of the state board of accounts.
Any officer of state who is made a member of the suggestion
committee may delegate that responsibility to a subordinate
employee. (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 service
and 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 chief
administrative officer in each of the state agencies covered
by the definition of state service.
(C) The unemployment insurance review board of the
department of workforce development.
(2) The classified part of the state service includes all civil
offices and positions in the state service on May 1, 1941, other
than those in the unclassified service.
(b) This section shall not be construed to include in the state
service any person or persons who are excluded from the definition
of state service. (Formerly: Acts 1941, c.139, s.8; Acts 1949, c.235, s.3.) As amended
by 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 are
brought within the provisions of this chapter, either through a
separate statute or by amendment to this chapter, persons in such
agencies or institutions who are in and have been in positions or
similar positions in the state service not theretofore subject to the
merit provisions of this chapter shall be entitled to continue to hold
such positions until they have an opportunity to acquire regular
status. Persons who have been in the same or similar positions for six
(6) months or more shall receive regular status by passing a
noncompetitive qualifying examination for the classification to
which their position has been allocated. Persons with less than six (6)
months' service in the same or similar positions shall hold their
positions temporarily subject to the entrance examination
requirements of this chapter. All qualifying examinations shall be
held within one (1) year after the agency or institution is brought
under this chapter, unless the period for holding such examinations
is extended by the board with adequate reasons for such extension
made a part of the official minutes of the board.
(b) Upon the recommendation of the director and the approval of
the board, those employees in any department or division of the state
government who have been appointed under a merit system
satisfactorily complying with the provisions of this chapter may be
brought into the classified service without examination and retain
their existing position. (Formerly: Acts 1941, c.139, s.9; Acts 1949, c.235, s.4.) As amended
by 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 be
ascertained the duties, authority and responsibilities of all positions
in the classified service. The director shall prepare a classification
plan, which shall group all positions in the classified service in
classes, based on their duties, authority and responsibilities. The
classification plan shall set forth, for each class of positions, the class
title and a statement of the duties, authority and responsibilities
thereof. Each class of positions may be subdivided, and classes may
be grouped and ranked in such manner as considered appropriate.
(b) Positions shall be reclassified or new positions classified or
reallocated or new positions allocated in the same manner as
provided for original classification or allocation.
(c) As promptly as practicable after the adoption of the
classification plan, and after consultation with appointing authorities,
the director shall allocate each position in the classified service to the
appropriate class therein on the basis of its duties, authority and
responsibilities.
(d) The director shall periodically review the positions in each
agency and institution and shall reallocate the positions to the proper
classes based on the duties and responsibilities of the position as
constituted at the time of his review. Whenever a position is
reallocated to a class in a lower pay grade, the employee holding the
position at the time of the reallocation shall be paid within the
established salary range for the class to which the position is
reallocated. (Formerly: Acts 1941, c.139, s.10; Acts 1971, P.L.35, SEC.8.) As
amended 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 the
allocation to the classes therein of positions in the classified service,
the class titles or corresponding code numbers set forth therein shall
be used to designate such positions in all personnel, accounting,
budget, appropriation, and financial records and communications of
all state departments, institutions and agencies. No person shall be
appointed to or employed in a position in the classified service under
a class title which has not been approved by the director as
appropriate to the duties to be performed. (Formerly: Acts 1941, c.139, s.11; Acts 1949, c.235, s.5.) As
amended by Acts 1982, P.L.23, SEC.14.
IC 4-15-2-11 Pay plan
Sec. 11. After consultation with the state budget agency, the
director shall prepare and recommend to the governor a pay plan for
all employees holding positions for which compensation is not fixed
by law. The pay plan shall include employees in the unclassified, as
well as the classified service and shall provide, for each class of
positions, a minimum and a maximum rate of pay and such
intermediate rates of pay as the director considers necessary or
equitable. In establishing such rates, the director shall give
consideration to the experience in recruiting for positions in the state
service, the prevailing rates of pay for the service performed, and for
comparable services in public and private employment, living costs,
maintenance or other benefits received by employees, and the state's
financial condition and policies. The pay plan shall take effect when
approved by the state budget agency and accepted by the governor. (Formerly: Acts 1941, c.139, s.12; Acts 1971, P.L.35, SEC.9.) As
amended 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.) As
amended 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 reemployment
lists, which shall contain the names of persons who have been
regular employees and who were separated from their positions for
reasons other than fault or delinquency on their part. The order in
which names shall be placed on a reemployment list shall be
established by the rules. The length of time for which a name shall
remain on a reemployment list shall be established by the rules and
shall 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 such
promotion lists and eligible lists for the various classes of positions
in the classified service as he considers necessary or desirable to
meet the needs of the service. On each promotion list and eligible
list, the eligibles shall be ranked in the order of their ratings earned
in the test given for the purpose of establishing the list.
(b) The director shall determine at the time any promotion list or
eligible list is established the period during which the list shall
remain in force. The director may consolidate or cancel promotion
lists and eligible lists as the needs of the service may require and as
authorized 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 and
entrance tests as he considers necessary for the purpose of
establishing promotion lists and eligible lists.
(b) The tests shall be competitive and shall be of such character
as to determine the qualifications, fitness, and ability of the persons
tested to perform the duties of the class of positions for which a list
is to be established. However, in the case of promotions, at the
discretion of the director, noncompetitive qualifying examinations
may be given to persons with regular status who meet the established
qualifications for the positions for which such examinations are to be
given. The tests may be written, oral, physical, or in the form of a
demonstration of skill, or any combination of these types. The tests
may take into consideration such factors, including education,
experience, aptitude, capacity, knowledge, character, physical
fitness, 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 for
employment, under rules of the director; or
(4) one (1) year from the date of an examination, unless the
applicant requests annually that the test scores remain valid
with 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 secret
the identity of applicants and examiners when necessary to preserve
the integrity of tests.
(d) No question shall be so framed as to elicit information
concerning the political or religious opinions or affiliations of an
applicant.
(e) When entrance tests are conducted in respect to any institution
which is located outside of Marion County, wherever feasible, such
tests shall be conducted in the county in which the institution is
located. (Formerly: Acts 1941, c.139, s.16; Acts 1949, c.235, s.6.) As
amended 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 admission
to any test. Subject to such limitations as the director considers in the
best interests of the service, admission to tests shall be open to all
persons who appear to possess the required qualifications and may
be lawfully appointed to a position in the class for which a list is to
be established. The director may reject the application of any person
for admission to a test or may strike the name of any person from a
list 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 the
position in which he seeks employment;
(3) is addicted to the habitual excessive use of drugs or
intoxicating liquor;
(4) has been convicted for a crime or guilty of any notoriously
disgraceful conduct;
(5) has been dismissed from the public service for delinquency;
or
(6) has made a false statement of a material fact or practiced or
attempted to practice any fraud or deception in his application
or test or in attempting to secure appointment. (Formerly: Acts 1941, c.139, s.17; Acts 1971, P.L.35, SEC.10.) As
amended 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 each
entrance test, except as otherwise provided in section 26 of this
chapter.
(b) The director may also advertise tests in professional and trade
publications, post notices of the tests in schools and colleges, and
employ any other methods of publicizing tests which he considers
appropriate.
(c) This section does not apply to noncompetitive qualifying
promotional examinations. (Formerly: Acts 1941, c.139, s.18; Acts 1949, c.235, s.7.) As
amended 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 the
resulting list established not later than thirty (30) days after the date
on which the test was held, unless such time is extended by the
director for reasons which the director shall record in the official
records of the department. The final earned rating of each person
competing in any test shall be determined by the weighted average
of the earned ratings of the test, according to weights for each phase
established by the director in advance of the giving of the test. The
names of all persons attaining the minimum final earned ratings
established by the director in advance of the giving of the tests shall
be placed upon the eligible list in order of their ratings. The names
of persons who have indicated in writing that they are unwilling to
accept appointment may be dropped from the list. All persons
competing in any test shall be given written notice of their final
earned ratings. Statements of former employers of the applicants
shall be confidential. A manifest error in rating a test shall be
corrected if called to the attention of the director, but such correction
shall not invalidate any appointment previously made from such a
list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the
United States who served on active duty in any branch of the armed
forces and who at no time received a discharge or separation under
other than honorable conditions, except corrected separation or
discharge to read "honorable" as evidenced by appropriate records
presented from the United States Department of Defense or
appropriate branch of the military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have
established the present existence of a service connected
disability of ten percent (10%) or more, as evidenced by records
of the United States Department of Veterans Affairs or
disability retirement benefits as evidenced by laws administered
by the United States Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of
when served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of
persons taking the competitive examination under subsection
(c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the
total combined test scores of the person and shall not be allocated to
any single feature or part of the competitive examination. Rating
shall be based on a scale of one hundred (100) points as the
maximum attainable.
(f) When veterans preference in state service employment is
limited to wartime veterans, this subsection applies for the purpose
of 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, which
service is recognized by the award of a service or campaign
medal 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 the
United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began
or ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or
more wartime periods;
(4) service of less than ninety (90) days, if discharged for a
disability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), which
must be documented by appropriate records of the United States
Department of Defense.
(h) In examinations where experience is an element of
qualification, time spent in the armed forces of the United States
shall be credited in a veteran's rating where the veteran's actual
employment in a similar vocation to that for which the veteran is
examined was interrupted by such service. In all examinations to
determine the qualifications of a veteran applicant, credit shall be
given for all valuable experience, including experience gained in
religious, civic, welfare, service, and organizational activities,
regardless of whether any compensation was received for the
experience.
(i) In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to
preference eligibles, the department shall waive requirements as to
age, height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the
physical requirements in the case of any veteran, if the veteran is, in
the opinion of the director, physically able to discharge efficiently
the duties of the position for which the examination is given. No
minimum educational requirement may be prescribed in any civil
service examination except for such scientific, technical, or
professional positions, the duties of which the department decides
cannot be performed by a person who does not have such education.
The director shall make a part of the department's public records the
director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of
time spent in active service in the armed forces of the United States
of each such employee shall be credited in computing length of total
service. Veteran's preference points shall be added to the retention
score of a preference eligible. When any of the functions of any state
agency are transferred to, or when any state agency is replaced by,
some other state agency or agencies, all preference employees in the
function or functions transferred or in the agency replaced shall first
be transferred to the replacing agency or agencies for employment in
positions for which they are qualified, before the agency or agencies
appoint additional employees from any other sources for such
positions.
(m) Any preference eligible who has resigned may, at the request
of any appointing officer, be certified for and appointed to any
position for which the preference eligible has been a regular
employee in the state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference
eligible's qualifications have been established.
(o) Applicants claiming preference of their own service must
submit either:
(1) original discharge or separation or certified copies or
photostat copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans 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 a
vacancy in the classified service, he shall submit to the director a
statement showing the position to be filled, the duties of the position,
and the necessary and desirable qualifications of the person to be
appointed to the position, and shall request the director to certify the
names of persons eligible for appointment to the position. The
director shall then certify to the appointing authority the names of
seven (7) persons eligible for the position, and if more than one (1)
vacancy is to be filled, the names of two (2) additional persons
eligible for each additional vacancy. Each time that the director
determines that:
(1) the appointing authority has made all reasonable efforts and
has 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 the
appointing authority.
(b) The names certified shall be the highest ranking eligible
persons willing to accept employment. Names shall be certified from
each list in the order of their rank on that list. The appointing
authority may exercise his discretion in appointing any of the persons
whose 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 and
examination 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 substantially
limits one (1) or more of the major life activities of the
individual; 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 director
may waive minimum qualifications and an examination for an
approved individual upon certification by an Indiana rehabilitation
facility or the rehabilitation services bureau of the division of
disability and rehabilitative services that the individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to
perform the essential functions of a position classification with
or without reasonable accommodation or with special
accommodation for supported employment.
(c) The names of applicants with a disability qualified under
subsection (b) shall be certified with or in addition to the names
certified 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 classified
service after certification of his name from a promotion list or an
eligible list shall be tested by a working test while occupying the
position. The period of the working test shall commence immediately
upon appointment and shall continue for such time as shall be
established by the director. At least once during the working test
period and in such manner as the director may require, the appointing
authority shall prepare for the director a full performance appraisal
of the employee's work. At any time after the first two (2) months of
an employee's working test period, the appointing authority may
remove an employee, if, in the opinion of the appointing authority,
the working test indicates:
(1) that the employee is unable or unwilling to perform his
duties satisfactorily; or
(2) that his habits and dependability do not merit his
continuance in the position.
Upon such removal, the appointing authority shall immediately
report to the director and to the employee removed his action and the
reason for the action. No more than three (3) employees shall be
removed successively from the same position during their working
test periods without the approval of the director. The appointing
authority may remove an employee within the first two (2) months
of his working test period only with the approval of the director. The
director may remove an employee during his working test period if
he finds, after giving him notice and an opportunity to be heard, that
the 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 whether
the services of the employee have been satisfactory and whether he
will continue the employee in his position. A copy of the notice shall
be given to the employee. No employee shall be paid for work
performed after the expiration of his working test period unless, prior
to the performance of the work, the appointing authority has notified
the 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 in
the classified service, and the director cannot certify the required
number of eligibles for such vacancy because there is no appropriate
list or because there is not a sufficient number of persons on
appropriate lists who are willing to accept appointment, the director
may authorize the appointing authority to fill the vacancy by
provisional appointment. A provisional appointee shall hold his
position only until an appropriate list has been established and the
required certification can be made. No provisional appointee shall
hold his position for more than six (6) months. No provisional
appointment shall be renewed, and no person shall receive more than
one (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 an
employee from one position to another position in the same class or
rank in his division of the service. Upon making such an assignment
the appointing authority shall immediately give written notice of his
action to the director. A transfer of an employee from a position in
one division of the service to a position in the same class or rank in
another division of the service may be made with the approval of the
director and of the appointing authorities of both divisions of the
service. No employee shall be transferred from a position in one
class to a position in another class of a higher rank or for which there
are substantially dissimilar requirements for appointment unless he
is appointed to the latter position after certification of his name from
a list in accordance with this chapter. Any change of a regular
employee from a position in one class to a position in a class of a
lower rank shall be considered a demotion and shall be made only in
accordance with the procedure prescribed by section 34 of this
chapter for cases of dismissal. An employee thus demoted shall have
the right to appeal under section 35 of this chapter. The removal of
an employee from a promotional working test is not appealable
unless 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 subject
to such rules as the director may prescribe. Any person who has
resigned while in good standing from the classified service and
whose resignation has been accepted may, at the discretion of the
director, not later than two (2) years after the date of his resignation,
have his name placed on the appropriate reemployment list by
submitting a written request to the director. (Formerly: Acts 1941, c.139, s.26; Acts 1949, c.235, s.9.) As
amended 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 to
supply the needs of the service by appointments made in accordance
with the procedure prescribed by this chapter, the director, subject to
the rules, may adopt, or authorize the use of, such other procedures
as he determines to be appropriate in order to meet the needs of the
service, while assuring the selection of such employees on the basis
of 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 periodic
intervals, at the place of employment or elsewhere after such
notice as the director considers adequate;
(3) the registration of applicants who pass a noncompetitive test
or submit satisfactory evidence of their qualifications, and
appointment of registered applicants in the order of their
application or by lot; or
(4) any variation or combination of the foregoing, or other
suitable 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, the
director shall establish, and may from time to time amend, standards
of performance and output for employees in each class of positions
in the classified service or for groups of classes, and a system of
service ratings based upon these standards. In such manner and with
such weight as shall be provided in the rules, service ratings shall be
considered:
(1) in determining salary increases and decreases within the
limits 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 forces
are reduced because of lack of funds or work, and the order in
which names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should be
promoted, transferred, or who, because of their low-service
value, should be demoted or dismissed.
In such manner and at such time as the rules may require, each
appointing authority shall make and report to the director the service
ratings of employees in his division of the service or such
information as the director may request as a basis for determining the
service ratings.
(b) All officers and employees of the state, shall, during usual
business hours, grant to the members of the board, the director, and
any agent or employee of the board designated by it or him, free
access to the premises and records pertaining to personnel matters
under their control and shall furnish them such facilities, assistance,
and information as may be required in administering the provisions
of 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 authorities
and other supervising officials, may establish programs for the
training and further education of employees to the end that the
quality of the service rendered by persons in the classified service
may be continually improved and the employees may be prepared to
take 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 of
positions in the classified service. They shall contain provisions for
annual, sick, and special leaves of absence with or without pay or
with reduced pay, and may allow special extended leaves for
employees disabled through injury or illness arising out of their
employment, 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 other
temporary or permanent changes in the status of employees in both
the unclassified and the classified service shall be reported to the
director at such time, in such form, and together with such supporting
or pertinent information, as the director may prescribe. The director
shall maintain a perpetual roster of all officers and employees in the
unclassified service and the classified service, showing for each such
person the title of the position held, his departmental or other agency
assignment, his salary rate, date of appointment, complete
employment history, and such other data as the director considers
pertinent. The director shall also maintain such other personnel
records as he may consider desirable or as the board shall direct, and
shall make available to the governor, the general assembly, the
budget director, department and institution executives, and other
persons having a proper interest therein tabulations and analyses of
such 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 other
fiscal officer of the state shall not draw, sign, or issue or authorize
the drawing, signing, or issuing of any warrant or check upon the
treasurer of state or another disbursing officer of the state for the
payment of a salary or other compensation for personal services
within the state service. The treasurer of state or another disbursing
officer of the state shall not pay any salary or other compensation for
personal services unless a payroll or account for the salary or other
compensation containing the name of every person to be paid and the
accounts to be paid to the person has been certified by the director or
a person designated by the director to the effect that the persons
named on the payroll or account are either in the unclassified service
or have been appointed or otherwise established in their positions
according to the provisions of this chapter, and that the payment of
the amounts shown on the payroll or account will not violate the
provisions of the pay plan or the rules pertaining to the payment.
(b) Any payment violating the provisions of the pay plan or the
rules pertaining to the payment, or made to a person appointed or
established in the person's position in a manner contrary to the
provisions of this chapter, may be recovered from the appointing
authority, the director, or any officer or person making the payment,
whichever is liable, or from the sureties on the official bond for the
officer or person. Action for recovery may be maintained by the
board or any member of the board, any officer or employee of the
state service, or any citizen of the state. All money recovered under
this section shall be paid into the state treasury. Any citizen may
maintain a suit to restrain a disbursing officer from making any
payment in contravention of any provision of this chapter or of any
lawful rule or order under this chapter.
(c) Any person appointed or employed in contravention of any
provision of this chapter or of any rule or order under this chapter
who performs service for which the person is not paid shall have and
may maintain an action against the officer or officers who purported
so to appoint or employ the person to recover the agreed pay for
services, or the reasonable value of the services if no pay was agreed
upon. No officer shall be reimbursed by the state at any time for any
sum paid to the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account. (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 the
classified service whenever it is deemed necessary, due to shortage
of work or funds, or the abolishment of a position, or other material
change in duties or organization. For purposes of this section, offices
and positions of employment in each county where the division of
service operates is considered one autonomous unit and lay-off
procedures will apply within the county affected by the lay-off.
When a lay-off is necessary, the appointing authority will determine
in which class or classes the lay-off or lay-offs will occur, the
number of employees to be laid off within each affected class, the
county or counties where lay-offs are to occur and give written notice
to the director a reasonable time before the effective date of the
lay-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 the
lay-off and will reflect systematic consideration of seniority, service
ratings, veterans' preference status, and employment status. The
director shall provide the appointing authority with a written notice
containing the names and retention points of employees to be laid off
in each county, and such orders relating to the lay-off as deemed
necessary to secure compliance with this section.
(b) Any employee in the classified service who has been notified
of pending lay-off and who has permanent status in a lower class has
the right, provided they have more retention points, to displace
within the same affected county, the employee with the least
retention points in that lower class. Any employee in the classified
service who has permanent status in a lower class and is displaced by
another employee has the right, provided they have more retention
points, to displace within the same affected county the employee
with the least retention points in that lower class. This procedure
shall continue until the employee with the least retention points in
the lowest class, in the same affected county, of the same appointing
authority has been reached, and if necessary, laid off. Should a layoff
result in the closing of all offices in a county, any employee in the
classified service who has been notified of pending lay-off and who
has permanent status in the class from which they are laid off may,
provided they have more retention points, displace within the
division of service in any contiguous county the employee with the
least retention points in that class.
(c) Employees who have been reduced or laid off will be placed
on appropriate re-employment lists in accordance with rules
established by the director. Those employees with the highest
retention points in each affected class will be placed at the top of the
list followed by employees ranked in descending order. An employee
who 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, the
appointing authority, for the division of service affected, shall not
hire nor promote anyone into a class affected by the lay-off until all
laid off employees on the re-employment list for that class have been
reinstated or decline the position when it is offered. Employees who
fail to respond within five (5) days, to a written offer sent to their last
known address, will be deemed to have declined. Even though a
lay-off applies only to affected counties, re-employment rights
extend to all counties, and at the request of the laid off or reduced
employee, their name will be placed on the appropriate
re-employment list for any or all counties. (Formerly: Acts 1941, c.139, s.33; Acts 1949, c.235, s.10.) As
amended by Acts 1981, P.L.35, SEC.1.
IC 4-15-2-33 Suspension
Sec. 33. An appointing authority, the appointing authority's
designee, or the ethics commission may, for disciplinary purposes,
suspend without pay a regular employee for a length of time as the
appointing authority, the appointing authority's designee, or the
ethics commission considers appropriate, not exceeding thirty (30)
days in any twelve (12) month period. With the approval of the
director a regular employee may be suspended for a longer period
pending the administrative investigation or trial of any charges
against the employee. If the outcome of the charges or trial of any
charges is favorable to the employee, the appointing authority shall
reimburse the employee any lost wages and benefits for the
suspension period less any wages the employee might have earned
during 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's
designee, or the ethics commission may dismiss for cause any regular
employee. No dismissal of a regular employee shall take effect,
unless, at least thirty (30) days before the effective date of the
dismissal, the appointing authority, the appointing authority's
designee, or the ethics commission gives to the employee a written
statement of the reasons for the dismissal and files a copy of the
statement with the director. During the thirty (30) day notice period
the employee shall be suspended without pay pending dismissal. The
employee shall have an opportunity to f
