Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 31, as appearing in the 1984 Official Edition, is hereby further amended by striking out the definition of "Certification" and inserting in place thereof the following definition:-

"Certification", the designation to an appointing authority by the administrator of sufficient names from an eligible list or register for consideration of the applicants' qualifications for appointment pursuant to the personnel administration rules.

SECTION 2. Section 1 of said chapter 31 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Entrance requirements" and inserting in place the following definition:-

"Entrance requirements", the experience and educational prerequisites which an applicant must satisfy in addition to passing a civil service examination to be qualified for appointment to a civil service position.

SECTION 3. Section 6 of said chapter 31, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

An appointing authority desiring to make an original appointment in the official service shall submit a requisition to the administrator. Upon receipt of such requisition, the administrator shall certify from the eligible list sufficient names of persons for consideration of their qualifications for appointment by the appointing authority pursuant to section twenty-five and the personnel administration rules. If no suitable eligible list exists, or if the list contains the names of fewer than three persons who are qualified for appointment and willing to accept employment, the appointing authority may make a provisional appointment pursuant to sections twelve, thirteen and fourteen.

SECTION 4. Said chapter 31, as so appearing, is hereby amended by striking out section 13 and inserting in place thereof the following section:-

Section 13. An appointing authority, in requesting authorization to make a provisional appointment, shall file with the administrator or, if the appointing authority is a department, board, commission, institution or other agency within a executive office, with the secretary in charge of such office, a notice containing: (1) the information which the appointing authority believes is necessary to prepare and conduct an examination for the position for which such authorization is being requested, including a statement of the duties of the position, and the knowledge, skills and abilities necessary to perform such duties; (2) a proposal specifying the type of examination which should be held by the administrator; (3) a substantiation that the person proposed for the provisional appointment meets the proposed requirements for appointment to the position and possesses the knowledge, skills and abilities necessary to perform such duties.

SECTION 5. The first paragraph of section 22 of said chapter 31, as so appearing, is hereby amended by striking out, in line 6, the words "of the examination" and inserting in place thereof the following words:- designated by the administrator.

SECTION 6. Clause (3) of the second paragraph of said section 22 of said chapter 31, as so appearing, is hereby amended by striking out, in line 7, the words "the examination" and by inserting in place thereof the following words:- appointment to the position.

SECTION 7. The third paragraph of said section 22 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 21 and 24, the words "the examination" and inserting in place thereof the following words:- appointment to the position.

SECTION 8. The first paragraph of section 23 of said chapter 31, as so appearing, is hereby amended by striking out, in line 8, the words "the examination" and inserting in place thereof the following words:- appointment to the position.

SECTION 9. The second paragraph of said section 23 of said chapter 31, as so appearing, is hereby amended by striking out, in line 8, the words "of the examination" and inserting in place thereof the following words:- designated by the administrator.

SECTION 10. The first paragraph of section 24 of said chapter 31, as so appearing, is hereby amended by striking out, in line 5, the words "the examination" and inserting in place thereof the following words:- appointment to the position.

SECTION 11. The second paragraph of said section 24 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words "of the examination" and inserting in place thereof the following words:- designated by the administrator.

SECTION 12. Section 25 of said chapter 31, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The administrator shall establish, maintain and revise eligible lists of persons who have passed each examination for appointment to a position in the official service.

SECTION 13. Said section 25 of said chapter 31, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Persons on an eligible list shall be eligible for certification from such list for such period as the administrator shall determine, but in any event not to exceed two years, unless one of the following exceptions applies: (1) such eligibility is extended by law because such persons are in the military or naval service; (2) the administrator is temporarily enjoined by a court order from certifying names from an eligible list, in which case eligibility of persons on such list shall be extended for a period equal to the duration of such order; or (3) no new list is established, in which case eligibility of all persons on such list shall be extended until a new list is established for the same position for which the original list was established; provided, however, that the administrator may revoke the eligibility of the entire list or of any persons on such list subsequent to said two-year period if he shall determine that the effective maintenance of the merit system so requires such revocation and, provided further, that a written notice and explanation for said revocation is sent to the clerks of the senate and house of representatives.

SECTION 14. Said section 25 of said chapter 31, as so appearing, is hereby further amended by striking out the fourth paragraph.

SECTION 15. Said section 25 of said chapter 31, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

Following the certification of names to an appointing authority, such appointing authority shall submit a written report to the administrator indicating (a) with respect to each person whose name was certified, whether such person appeared to sign the certification, (b) whether each person who so appeared declined or expressed willingness to accept employment, and (c) each person selected for appointment. Such report shall include such verification as the administrator may require that each person willing to accept employment meets or fails to meet the entrance requirements for appointment designated by the administrator. Failure to submit such report on or prior to the date of expiration of the eligibility of a person on such list shall nullify an appointment of such person.

SECTION 16. Said chapter 31, as so appearing, is hereby amended by striking out section 27 and inserting in place thereof the following section:-

Section 27. Except as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons. If such eligible list contains the names of fewer than three such persons, the appointing authority may appoint from among those persons or may request authorization to make a provisional appointment pursuant to sections twelve, thirteen and fourteen.

If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name is highest is willing to accept such appointment, the appointing authority shall immediately file with the administrator a written statement of his reasons for appointing the person whose name was not highest. Such an appointment of a person whose name was not highest shall be effective only when such statement of reasons has been received by the administrator. The administrator shall make such statement available for public inspection at the office of the department.