Section 45-37-121.09
Director of personnel - Powers and duties.
The director of personnel, subject to this section and approval of the personnel board, shall:
(1) Appoint or remove such subordinates as may be necessary to administer a scientific and economical personnel system and fix their compensation.
(2) Prepare and submit to the board for its consideration and approval such forms, rules, and regulations as are necessary to carry out this section including the rules governing examination, appointments, suspensions, dismissals, certification of eligibles, reduction in force, sick leave, leave of absence, resignation, reinstatements, promotions, demotions, transfers, salary adjustments, and any and all other rules and regulations necessary for administering a scientific and economical personnel system. Such rules and regulations shall be approved by a three-fourths majority of the personnel board before becoming effective after which they shall have the force and effect of law unless they are contrary to this section.
(3) Enforce this section and the rules and regulations prescribed by the personnel board. Any act of the director complained of shall be subject to review by the board upon the written request to the board of any person at interest.
(4) Keep the minutes of the official actions of the personnel board.
(5) Classify or direct the classification of all positions to be held under either municipal or county authority in accordance with this section and in accordance with the duties attached to such positions. At least once every five years, grade and classify or direct the grading and classification of all positions in the county and in each city in the county and for each appointing authority with respect to salary to the end that each employee shall receive the same compensation as all other employees of the county or city or appointing authority receive for the same grade and class of service. The question of whether or not an employee has been assigned to the proper class and grade shall be a matter subject to the decision of the board.
(6) Establish, after consultation with the governing bodies affected, a pay plan and salary schedule for all positions which shall contain a minimum rate, a maximum rate, and such intermediate and premium rates as are deemed necessary by the personnel board, which shall become effective within 30 days after submission to the governing body concerned, provided that the governing body of each county and municipality affected hereby may raise or lower such schedule by applying the same percentage of increase or decrease to the entire schedule, provided, however, no governing body shall raise such entire schedule within 12 months after the adoption of a new salary schedule, nor within 12 months immediately preceding any primary or general elections in which the members of the governing body are to be elected, except upon the approval of the personnel board, provided further that any office or position created by an act of the Legislature, or by a municipality, or county authority, subsequent to the passage of this part, the personnel director shall survey the duties and responsibilities of such office or position, and submit his or her findings to the personnel board; and the salary for such office or position shall be fixed by the personnel board. Provided further, that the personnel board shall advise the governing body of the county or municipality of the salary fixed for such office or position. Changes in the salary schedule of one class or a number of classes less than all may also be made by order or resolution of a governing body as follows: A certified copy of such order or resolution shall be filed with the personnel board, and unless the resolution or order be disapproved by the personnel board within 30 days after the date of filing of such certified copy the same shall be valid and operative according to its terms. If, however, the personnel board should disapprove such resolution affecting less than all classes within such 30 days, such resolution shall be invalid and of no legal effect.
(7) Provide, by proper rules, regulations, and orders and special provisions in the pay plan for the advancement of salary within each class or grade on the basis of efficiency and length of service, and for other special conditions and premium rates of pay. It shall be unlawful for an appointing authority or disbursing officer to pay or cause to be paid a salary to any employee greater than or less than the salary to which such employee is entitled to so receive. Such pay plan and salary schedules, classes, and grades may from time to time be amended, added to, consolidated, or abolished by the board.
(8) Enforce this section and the rules and regulations prescribed by the personnel board. Any act of the director complained of shall be subject to review by the board upon the written request to the board of any person of interest.
(Acts 1945, No. 248, p. 376, §12; Acts 1947, No. 345, p. 222, §2; Acts 1953, No. 657, p. 916, §1; Acts 1967, No. 591, p. 1366, §2; Acts 1977, No. 680, p. 1179, § 1; Acts 1977, No. 684, p. 1183, §4; Act 2008-408, p. 801, §2.)