Section 7:16-a Temporary Classification.
I. In the event of a vacancy in the office of assistant attorney general, the attorney general may downgrade such office to the position of attorney I, II or III in his discretion for the purpose of filling the same with a person lacking sufficient experience to qualify for the office of assistant attorney general. Said position, when downgraded, shall entitle the person holding the same to all the rights and privileges of the classified state system except that the persons holding the same shall serve at the pleasure of the attorney general; and provided, that no later than the expiration of 3 years from the initial date of employment, the person holding such position shall either be nominated and confirmed in the office of assistant attorney general as provided in RSA 7:16 for the unexpired term or shall be discharged. In the event that said person is discharged, the attorney general may fill the vacancy in the office of assistant attorney general for the unexpired term as provided in RSA 7:16 or may again downgrade the position to attorney I, II, or III.
II. The attorney general may designate up to 3 full-time unclassified assistant attorneys general positions as temporary, part-time positions, provided such positions are vacant at the time of such designation. For the duration of the designation of such positions the attorney general, with the approval of the governor and council, may hire attorneys as part-time assistant attorneys general, provided that the per diem compensation of such employees shall not exceed the maximum equivalent per diem compensation of an assistant attorney general pursuant to RSA 94:1-a. The attorney general may employ part-time assistant attorneys general up to the limit of funds available for the full-time positions designated by the attorney general for part-time employment. A part-time assistant attorney general shall be governed by the same terms and conditions of employment as a full-time assistant attorney general, including the prohibition of the private practice of law under RSA 7:6-d, except that a part-time assistant attorney general shall serve at the pleasure of the attorney general.
III. For the duration of the temporary part-time positions designated under paragraph II of this section, the funds that would have been paid for benefits for the designated full-time positions, with the exception of social security benefits, shall be paid into the general fund of this state.
Source. 1971, 440:1. 1988, 258:1. 1994, 179:1, eff. July 22, 1994.