New Hampshire Revised Statutes 21-I:46 – Powers and Duties of Board
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I. The personnel appeals board shall hear and decide appeals as provided by N.H. Rev. Stat. § 21-I:57 and 21-I:58 and appeals of decisions arising out of application of the rules adopted by the director of personnel except those related to:
(a) Performance evaluations of classified employees; provided, however, that an employee who is disciplined or has other adverse action taken against him as the result of an evaluation may appeal that action.
(b) The refusal of an appointing authority to grant a leave of absence without pay.
(c) Classification decisions of the director of personnel when the reasons for appeal are based on any of the following:
(1) The personal qualifications of an employee exceed the minimum requirements for the position in question.
(2) The employee has held the position for a long period of time.
(3) Any positions previously held by the employee or any examinations passed by the employee which are not required for the position in question.
(4) The employee has reached the maximum of the assigned salary grade.
(5) The cost of living or related economic factors.
II. The board shall meet as often as necessary to conduct its business, provided that no more than 30 days shall elapse between meetings or hearings whenever there is any appeal pending before the board. Three members of the board shall constitute a quorum.
III. In the event that a member of the board is unable, for any reason, to attend a meeting of the board, the chairman shall designate an alternate member to serve in his place. In the absence of the chairman, the vice chairman shall designate the alternate member to serve.
IV. The board shall have the power to subpoena witnesses, and administer oaths in any proceeding before it, and to compel the production of any books, papers or other memoranda or documents by subpoena duces tecum.
V. The board may advise the director with regard to all existing rules of the division. The director shall submit all proposals to adopt rules to the board for their advice prior to filing a notice of proposed rule under N.H. Rev. Stat. § 541-A:6.
VI. The board shall by September 1 of each year submit an annual report to the governor, commissioner of administrative services, and director of personnel. This report shall include a narrative summary of the work of the board during the previous fiscal year. The report shall also include a description of problems related to the personnel system and the board’s recommendations for dealing with those problems.
VII. The board shall adopt rules under N.H. Rev. Stat. Chapter 541-A regarding procedures for the conduct of its business.
VIII. The board may, with the approval of the governor and council, contract for legal services in any action in which the attorney general determines that he cannot provide such services to the board. The governor shall draw his warrant on funds not otherwise appropriated to cover the costs of such legal services.
VIII-a. The board shall be limited to existing job titles within the classification plan when rendering decisions regarding appeals of denial of reclassification. The board is explicitly prohibited from creating new job classifications or job titles.
IX. The board shall issue final decisions on all appeals within 45 days of the date of hearing or upon the receipt of relevant evidence requested by the board as a result of such hearing, whichever is later. If the board determines that it requires additional time for the proper investigation or determination of the facts or issues involved, it shall notify the employee or employees making the appeal in writing of the reasons for the delay and provide an estimate to such employee or employees of the additional time required.
(a) Performance evaluations of classified employees; provided, however, that an employee who is disciplined or has other adverse action taken against him as the result of an evaluation may appeal that action.
Terms Used In New Hampshire Revised Statutes 21-I:46
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Quorum: The number of legislators that must be present to do business.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
(b) The refusal of an appointing authority to grant a leave of absence without pay.
(c) Classification decisions of the director of personnel when the reasons for appeal are based on any of the following:
(1) The personal qualifications of an employee exceed the minimum requirements for the position in question.
(2) The employee has held the position for a long period of time.
(3) Any positions previously held by the employee or any examinations passed by the employee which are not required for the position in question.
(4) The employee has reached the maximum of the assigned salary grade.
(5) The cost of living or related economic factors.
II. The board shall meet as often as necessary to conduct its business, provided that no more than 30 days shall elapse between meetings or hearings whenever there is any appeal pending before the board. Three members of the board shall constitute a quorum.
III. In the event that a member of the board is unable, for any reason, to attend a meeting of the board, the chairman shall designate an alternate member to serve in his place. In the absence of the chairman, the vice chairman shall designate the alternate member to serve.
IV. The board shall have the power to subpoena witnesses, and administer oaths in any proceeding before it, and to compel the production of any books, papers or other memoranda or documents by subpoena duces tecum.
V. The board may advise the director with regard to all existing rules of the division. The director shall submit all proposals to adopt rules to the board for their advice prior to filing a notice of proposed rule under N.H. Rev. Stat. § 541-A:6.
VI. The board shall by September 1 of each year submit an annual report to the governor, commissioner of administrative services, and director of personnel. This report shall include a narrative summary of the work of the board during the previous fiscal year. The report shall also include a description of problems related to the personnel system and the board’s recommendations for dealing with those problems.
VII. The board shall adopt rules under N.H. Rev. Stat. Chapter 541-A regarding procedures for the conduct of its business.
VIII. The board may, with the approval of the governor and council, contract for legal services in any action in which the attorney general determines that he cannot provide such services to the board. The governor shall draw his warrant on funds not otherwise appropriated to cover the costs of such legal services.
VIII-a. The board shall be limited to existing job titles within the classification plan when rendering decisions regarding appeals of denial of reclassification. The board is explicitly prohibited from creating new job classifications or job titles.
IX. The board shall issue final decisions on all appeals within 45 days of the date of hearing or upon the receipt of relevant evidence requested by the board as a result of such hearing, whichever is later. If the board determines that it requires additional time for the proper investigation or determination of the facts or issues involved, it shall notify the employee or employees making the appeal in writing of the reasons for the delay and provide an estimate to such employee or employees of the additional time required.