RSA 21-I:42 · Division of Personnel

21-I:42 Division of Personnel. – There is hereby established within the department of administrative services the division of personnel, under the supervision of an unclassified director of personnel appointed under RSA 21-I:2, who shall be the only individual in the executive branch to refer to themselves as the director of personnel and hold such a title, whether in whole or in part, and who shall report to the commissioner and be responsible for the following functions in accordance with applicable laws:

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I.

Managing a centralized human resources processing operations unit which shall provide for the recruitment, appointment, compensation, promotion, transfer, layoff, removal and discipline of state employees.

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II.

Preparing, maintaining and periodically revising a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same classification. Any new position classification plan shall be based upon the recommendations of a stakeholders group overseen by the director of personnel and shall not be considered a rule subject to RSA 541-A. The plan shall be prepared with due consideration for:

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(a)

The availability of personnel capable of filling the requirements of any position; and

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(b)

Any requirement for an employee to live on the premises of the place of employment as a condition of employment.

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III.

Assigning the position of every employee in the classified service to one of the classifications in the classification plan.

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IV.

Conducting periodic investigations of the administration of personnel in the state service. These reviews shall be conducted with the approval of the commissioner of administrative services and with the cooperation of the head of the department in question. These investigations shall include analysis of:

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(a)

Turnover rates within agencies and among specific groups or classes of employees.

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(b)

Supervisory ratios within agencies.

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(c)

The use of sick and annual leave by state employees.

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(d)

Agency implementation of the performance evaluation system required by paragraph XIII of this section.

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(e)

Agency practices regarding discipline of state employees.

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(f)

Other agency policies and procedures relative to the management of classified personnel.

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V.

Reviewing and making recommendations to the commissioner of administrative services regarding the operation of and proposed changes in the compensation plan provided for in RSA 99.

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VI.

[Repealed.]

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VII.

Preparing an annual report detailing the work of the division. This report, which shall include a narrative summary of the findings of division investigations conducted under RSA 21-I:42, IV, shall be submitted to the governor and council by the director of personnel and the commissioner of administrative services.

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VIII.

[Repealed.]

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IX.

[Repealed.]

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X.

Advising the commissioner, and, upon request, the governor and the executive council regarding personnel administration.

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XI.

Administering those provisions of RSA Title VI affecting classified state employees which require administrative action by a central personnel organization.

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XII.

Providing technical assistance to the administrators of state departments on matters related to personnel administration and the adoption and use of modern and effective personnel management techniques throughout state government. This shall include training of and assistance to agency managers in:

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(a)

Recruitment and selection of personnel.

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(b)

The development and implementation of training programs.

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(c)

The development of nonmonetary incentive or award systems.

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(d)

Evaluation of employee performance.

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(e)

Supervision and discipline of employees.

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XIII.

Developing and implementing, in accordance with the recommendations of a stakeholders group overseen by the director of personnel, a performance evaluation system for all classified employees. The evaluation system shall include the following elements:

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(a)

All full-time classified employees shall be evaluated on a regular basis.

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(b)

Evaluations shall be in writing and shall be conducted at least annually.

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(c)

Evaluations shall be conducted by an employee's immediate supervisor.

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(d)

Evaluations shall be based upon specific written performance expectations or criteria developed for the position in question and employees shall be made aware of these performance expectations in advance of any evaluation.

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(e)

The evaluation format shall include a narrative summary on the employee's performance.

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(f)

Employees shall be permitted to participate in the evaluation process, shall be given a copy of their evaluation, and shall have an opportunity to comment, in writing, on their evaluation, and such comments will be included in the employee's permanent record.

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(g)

Employees shall have a right to nonconcur, in writing, with their evaluation.

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(h)

Employees shall certify, in writing, that they have reviewed their evaluation.

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(i)

Evaluation reports shall be reviewed by the supervisor of the official completing the evaluation who shall concur or nonconcur in writing with each evaluation report. The division may authorize agencies to develop supplemental evaluation systems for specific groups of employees.

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XIV.

Providing training programs to state agencies under this paragraph and paragraph XVII and developing and implementing a training information management system to collect and record data on agency training efforts.

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(a)

All state agencies shall utilize training programs offered or sponsored by the division of personnel, if appropriate training programs are available. Fees for such training programs shall be paid out of the agency's budget for training.

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(b)

All state agencies shall notify the division of personnel of training needs and of planned training programs for classified employees. The division may develop training programs based on such notification of training needs and make this information available to all state agencies on a regular basis to encourage efficient use of training programs.

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XV.

After consultation with the commissioner, issuing standards, practices, procedures, policies, protocols, guidelines, specifications, instructions, directives, requirements, or descriptions of requirements to executive branch departments, agencies, or subdivisions thereof regarding personnel matters within the executive branch, and publishing and distributing to state agencies one or more technical assistance manuals containing information describing the responsibilities of the division of personnel and state agencies in matters relating to personnel administration. These items shall not be considered rules subject to the provisions of RSA 541-A and shall be binding upon the state agencies or subdivisions to whom they are directed.

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XVI.

Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, gender identity, race, color, sexual orientation, ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias.

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XVII.

Provide training for and publish and distribute training and education materials to state and municipal employees.

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(a)

A nonlapsing revolving fund, which shall not exceed $100,000 on June 30 of each year, shall be established in the division of personnel, department of administrative services. Any amounts in excess of $100,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purpose of:

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(1)

Providing training to state and municipal employees. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, advertising, and other associated costs. Such training shall be conducted in geographically dispersed locations.

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(2)

Printing training materials for distribution. A reasonable charge shall be established for each copy of a training document. This charge shall be only in the amount necessary to pay the cost of producing such document. The division of personnel shall first make a request to state-owned printing facilities to perform the printing functions required under this subdivision. If state-owned printing facilities are unable to perform this request, the division of personnel may then seek privately owned printing facilities to fulfill this request.

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(3)

Implementing a certified public manager program. The department of administrative services, division of personnel, shall implement a certified public manager program that adopts the "use of modern and effective personnel management techniques throughout state government" as required by RSA 21-I:42, XII. The registration fee for such course shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, training for state instructors, advertising, and other associated costs.

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(b)

No appropriation or other capitalization of the revolving fund shall be required. The division of personnel, department of administrative services, is authorized to expend budgeted funds for the purpose of initial printing of publications or the provision of training programs, with the moneys assessed for such publications or the provision of training to be deposited in the revolving fund. Source. 1986, 12:1. 1990, 140:2, XI. 1993, 227:2. 1997, 108:3. 2007, 263:75, eff. July 1, 2007. 2017, 193:11, 12, 17, I, eff. Aug. 29, 2017. 2019, 332:3, eff. Oct. 15, 2019. 2020, 37:96, eff. July 29, 2020. 2022, 138:5 to 7, eff. Aug. 6, 2022; 147:1, eff. Aug. 6, 2022; 147:2, eff. July 1, 2024. 2023, 207:1, 2 and 5, eff. Oct. 3, 2023. 2024, 259:3, I, eff. Sept. 17, 2024.

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