I. If an agency head, in consultation with the attorney general, deems it to be in the best interests of the agency or department to transfer an employee authorized to do legal work to the department of justice, the agency head and the attorney general shall make such a request to the governor. If the governor deems such action to be in the best interest of the state, he or she is hereby authorized to transfer the employee, and all unexpended appropriations and funds allocated for the payment of such employee’s salary, from the department or agency of the state to the department of justice, provided that if the unexpended appropriations and funds of the transferring agency are restricted by law, then the employee shall continue to perform legal work exclusively for the transferring agency in compliance with the funding restrictions. Upon transfer from the agency to the department of justice, the position shall be converted to an unclassified position. The transferring agency shall be responsible for any termination payouts due to the employee.
II. The attorney general shall be notified whenever an attorney position in an agency becomes vacant. The attorney general, in consultation with the agency head, shall evaluate whether the transfer of the vacant position to the department of justice would advance the provision of legal services to that agency. A transfer shall not be considered if the position is for a hearings examiner or an attorney who represents the state in child abuse and neglect proceedings, or requires specialized legal knowledge or experience in a subject matter unique to the agency. Upon request of the attorney general, the governor is authorized to transfer any vacant attorney position if the governor deems such transfer to be in the best interests of the state. If the agency head disagrees with the attorney general’s request, he or she shall be afforded the opportunity to confer with the governor before a decision on the transfer request is made. When a transfer is made, all unexpended appropriations and funds allocated for the payment of the salary associated with such position shall be transferred from the agency to the department of justice, provided that if the unexpended appropriations and funds of the transferring agency are restricted by law, then any person filling the transferred position shall continue to perform legal work exclusively for the transferring agency in compliance with the funding restrictions. Upon transfer from the agency to the department of justice, the position shall be converted to an unclassified position.