§7051. General provisions






The following provisions apply to the classified and unclassified services or to the
specific services as specified in this section. [1985, c. 785, Pt. B, §38 (NEW).]








1. Citizenship. 
In making appointments to or recruiting for any position on an open competitive
basis in the classified service, preference shall be given to citizens of the United
States. This requirement may be waived by the director on an individual basis when
there exists compelling reasons for the waiver.


[
1985, c. 785, Pt. B, §38 (NEW)
.]








2. Discrimination prohibited. 
In carrying out this chapter, no discrimination may be made on account of political
or religious opinions or affiliations or because of race or national origin, sex or
marital status or age or physical disability, unless based upon a bona fide occupational
qualification.


[
1985, c. 785, Pt. B, §38 (NEW)
.]








3. Hiring and promoting neutrality. 
The final decision of whether a person will be hired or promoted by the State may
not be made in part or wholly by a person related to the job candidate by consanguinity
or affinity within the 4th degree. The director by rules shall insure that this section
will not deprive any applicant or employee of full consideration for hiring or promotion.


[
1985, c. 785, Pt. B, §38 (NEW)
.]








4. Employees in military service; substitutes. 
Whenever any employee, regularly employed in other than a temporary position for
a period of at least 6 months by the State or by any department, bureau, commission
or office of the State, or by the University of Maine System, community colleges,
Maine School Building Authority, Maine Turnpike Authority, Finance Authority of Maine
or any other state or quasi-state agency, or by any county, municipality, township
or school district within the State shall in time of war, contemplated war, emergency
or limited emergency, enlist, enroll, be called or ordered or be drafted into the
Armed Forces of the United States or any branch or unit thereof, or shall be regularly
drafted under federal manpower regulations, the employee shall not be deemed or held
to have thereby resigned from or abandoned employment, nor shall be removable during
the period of service. "Temporary," for the purpose of this section means employment
based on a seasonal or on-call basis or employment based on a contract of less than
6 months' duration.





A.
[2001, c. 662, §1 (RP).]










B.
[2001, c. 662, §2 (RP).]










C.
[2001, c. 662, §2 (RP).]










D.
[2001, c. 662, §3 (RP).]










E. When a permanent classified employee is on extended leave, a substitute may be employed,
subject to personnel rules, until return or separation of the incumbent. [1985, c. 785, Pt. B, §38 (NEW).]







[
2001, c. 662, §1-3 (AMD);
2003, c. 20, Pt. OO, §2 (AMD);
2003, c. 20, Pt. OO, §4 (AFF)
.]








5. Probationary period; permanent appointments. 
All original appointments to the classified service and all subsequent promotional
appointments within the classified service shall be for a probationary period. The
duration of the probationary period shall be determined by the director in consultation
with the director or commissioner of the agency, but in no case may it be for less
than 6 months.





A. Probationary employees shall be reviewed at the end of their 3rd month of employment
by their supervisors. The supervisor and the employee shall mutually discuss the
job tasks and the performance of the employee, including any necessary improvements. [1987, c. 240, §3 (NEW).]










B. Probationary employees shall be included in the payroll of the department in which
they have been hired at the time of the commencement of their duties. Probationary
employees shall be compensated in the same manner as permanent full-time employees,
provided they have been hired in accordance with all applicable laws and procedures. [1987, c. 240, §3 (NEW).]







[
1987, c. 240, §3 (AMD)
.]








6. Temporary and provisional appointments.  
Whenever it is impossible to certify eligible persons for appointment to a vacancy
in the classified service, the appointing authority may nominate a person to the director. If the nominee is found by the director to have had experience and
training that appear to qualify the nominee for the position, the nominee may be temporarily
appointed to fill the vacancy in accordance with policies and procedures developed
by the director.





A. The director may make a provisional appointment to fill a technical or professional
position that requires a specialized knowledge or training to carry out the duties
of the position and that cannot be filled from the eligible register. [2007, c. 466, Pt. A, §15 (AMD).]










B. The director shall establish a policy to protect persons in temporary positions from
remaining in a temporary position for an unreasonable period of time, not to exceed
one year. [2007, c. 466, Pt. A, §15 (AMD).]










C. The director may authorize, without requiring competitive tests, the appointment of
unskilled laborers or persons engaged in custodial and domestic work in state institutions
or departments. [1985, c. 785, Pt. B, §38 (NEW).]







[
2009, c. 415, Pt. A, §4 (AMD)
.]








7. Dismissal and disciplinary action. 
An appointing authority may dismiss, suspend or otherwise discipline an employee
in the classified service for cause. This right is subject to the right of appeal
and arbitration of grievances set forth in the applicable labor contract, in sections
7081 to 7084 or by civil service rule; and sections 7081 to 7084 shall apply to any
employee who has satisfactorily completed an initial probationary period. This subsection
does not apply to unclassified employees listed in section 931, nor does this subsection
in any way limit the collective bargaining rights of classified and unclassified employees.
This subsection does not apply to an employee appointed to a major policy-influencing
position listed in sections 932 to 953.


Notwithstanding any other provision of law, the head of any institution under the
control of the Department of Health and Human Services as the appointing authority
may suspend with pay any employee who is charged by indictment with the commission
of a criminal offense involving acts alleged to have been perpetrated upon any resident
or residents of any such institution. Any suspension with pay may be authorized by
the appointing authority only when to permit the employee to remain on duty at the
institution would be against the best interest of any one or more of the residents
of the institution, and authorization for suspension with pay shall apply only during
the pendency of the criminal proceedings in the trial court, but not longer than 30
working days. Sections 7081 to 7084 shall not apply to suspension with pay ordered
by the appointing authority under this paragraph.


[
1987, c. 9, §3 (AMD);
1995, c. 560, Pt. K, §82 (AMD);
1995, c. 560, Pt. K, §83 (AFF);
2001, c. 354, §3 (AMD);
2003, c. 689, Pt. B, §6 (REV)
.]





SECTION HISTORY

1985, c. 785, §B38 (NEW).
1987, c. 9, §3 (AMD).
1987, c. 240, §3 (AMD).
1987, c. 402, §A55 (AMD).
1989, c. 443, §11 (AMD).
1995, c. 560, §K82 (AMD).
1995, c. 560, §K83 (AFF).
1999, c. 668, §15 (AMD).
2001, c. 354, §3 (AMD).
2001, c. 662, §§1-3 (AMD).
2003, c. 20, §OO2 (AMD).
2003, c. 20, §OO4 (AFF).
2003, c. 689, §B6 (REV).
2007, c. 466, Pt. A, §15 (AMD).
2009, c. 415, Pt. A, §4 (AMD).