Home Implementation of Public Law 1997, Chapter 643, Part Y, Creation of Positions Implementation of Public Law 1997, Chapter 643, Part Y, Creation of Positions

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JOINT POLICY & PROCEDURES MEMORANDUM
DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES

BUDGET AND HUMAN RESOURCES
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May 27, 1998
 

TO:
All Department and Agency Heads, Directors of Administrative Services, Human Resources Representatives

FROM:
John R. Nicholas, State Budget Officer
Donald A. Wills, Director, Bureau of Human Resources

SUBJECT:
Implementation of Public Law 1997, Chapter 643, Part Y, Creation of Positions

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Public Law 1997, Chapter 643, Part Y becomes effective on June 30, 1998.  This law amends Title 5, Section 1583-A to provide a framework for creating temporary positions by financial order.

The law is intended to provide departments and agencies the means to establish bona fide temporary positions to meet emergency needs.  It is not intended to provide a means for departments and agencies to use a financial order to establish, reclassify or upgrade ongoing positions or provide ongoing services.  Ongoing position or service needs (e.g., long term needs that are integral to the department or agency mission) must still be accomplished by one of the following methods:

  • by a contractual arrangement, provided that this approach can be achieved without establishing an employee-employer relationship and provided that permanent funds can be identified in the All Other line category in the same account or another accountin the fund supporting the position (Please contact the Division of Purchases for guidance); or fund supporting the position (Please contact the Division of Purchases for guidance); or

  • by eliminating another position of equal headcount value in the department or agency regardless of fund type and by identifying permanent savings or resources in the same account or another account in the fund supporting the position; or

  • by reorganizing tasks and functions in the department or agency so that the need for the position can be satisifed within existing resources.

The budget and human resources standards and guidelines for the creation of temporary positions under this legislation are:

Human Resources standards and guidelines:

    1.  Temporary positins that are established under this authority for work that has a planned duration of 365 calendar days or less must be established as project positions.  The initial end date of the these project positions cannot exceed the statutory end date of the next regular session of the Legislature (see Title 3, section 2), even if the work to be completed extends beyond this date.  An extension beyond this end date may be accomplished by extending the end date of the position through the legislative process or by establishing another project position by financial order.

    2.  Temporary positions that are established under this authority for work that has a planned duration of more than one year must be established as limited period positions, regardless of funding source.  The initial end date of these limited period positions cannot exceed the statutory end date of the next regular session of the Legislature (see Title 3, section 2), even if the work to be completed extends beyond this date.  Any extension beyond this end date must be submitted for legislative approval.  Exceptions that may be required as a result of the effective date of legislation will be reviewed by the Bureau of the Budget on a case-by-case basis.

    3.  Project positions established under the authority of this legislation, like all project positions, do not provide any employment status.  Project positions must be assigned to an existing classification and persons appointed to these project positions must meet the minimum qualification requirements established for the classification.  Appointments are not subject to Civil Service register and certification requirements.  Project employees must join the Maine State Retirement System and are eligible for health and dental insurance.  To offset limited benefits, the Civil Service Rules provide the authority to compensate project employees more than the maximum step for the classification used.  Note:   Project salaries above Step 01 of the Salary Schedule must be requested and approved in advance by the Director, Bureau of Human Resources.

    4.  Limited period positions established under the authority of this legislation, like all limited period positions, will be treated the same as permanent positions with respect to status and benefits.  Limited period positions must be assigned to an existing classification and persons appointed to these limited period positions are subject to the Civil Service examination, register and certification requirements for that classification.  Limited period positions that are assigned to a classification that is covered by the collective bargaining process will be subject to the terms of the collective bargaining agreement for that classification, including layoff and recall rights.

    5.  In those instances where departments and agencies may request several extensions to a project or limited period position that has been established under this authority, the temporary nature of the position will be carefully reviewed against the standard for ongoing positions.

Budget Office standards and guidelines:

   1.  The 30 day wait requirements contained in Title 5, section 1585 and section A-21 of the Budget Preamble do not apply to the Personal Services portion of the request.

    2.  Funding sources include increased dedicated revenue to an account, balance forward in an account and transfers between line categories within the same fund and department or agency.

    3.  Limitations on the use of salary savings contained in section A-3 of the Budget Preamble do not apply.

    4.  Financial order approval by the Governor is required for all such positions including those funded and established using salary savings in the same account.

    5.  Transfers between departments and agencies within the same fund are permitted.

    6.  Allotment increases in excess of allocation in Other Special Revenue and Internal Service Fund accounts for which an allocation does not currently exist are permitted.

Procedure checklist for requesting position authorizations through the Bureau of the Budget:

ü The "Statement of Fact" section of the financial order must include the following information: a detailed description of the programmatic need; the duraction of the work and the anticipated end date; the source of one time funds or savings in the same fund by account name and number; the balance forward source, the income source and/or the character and object of expenditure source; whether the requested position is intended to be ongoing; and, the source of permanent funds or savings in the same fund by account name and number, income source and/or character and object of expenditure source in support of the ongoing position request.

ü Supporting analysis and explanation must accompany the financial order request in order to provide sufficient information for review and recommendation by the Bureau of the Budget.  The documentation should include, at a minimum, a spreadsheet identifying by fiscal year and account name and number the balance forward source, the income source and/or the character and object of expenditure source with supporting explanation for each.  If the source of funds is salary savings, the documentation should include a salary savings memo in the form currently used to include the account name and number of the position being used as the source of savings, the dates the position was or will be vacant; and, the calculated savings by fiscal year.

ü The effective date for each authorized position will be the Sunday (start of the next payroll earning week) following approval of the financial order by the Governor.

If you have any questions or require clarification of any aspects of this memorandum, please do not hesitate to contact the Bureau of Human Resources or the Bureau of the Budget.

 

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Donald A. Wills, Director                                                John R. Nicholas, State Budget Officer
BUREAU OF HUMAN RESOURCES                         BUREAU OF THE BUDGET