Section 126-A:9 Positions Established; Staffing.
I. There shall be established within the department the following unclassified positions, in addition to existing unclassified positions and positions established in paragraph II of this section.
(a) The commissioner shall nominate one or more persons duly qualified by training and experience to serve as senior division director of the department. From those nominated, the governor and council shall appoint the senior division director who shall serve for a term of 4 years. Any vacancy shall be filled for the full 4-year term in the same manner as the original appointment. The annual salary of the senior division director shall be as prescribed in RSA 94:1-a. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph.
(b) The commissioner shall nominate one or more persons duly qualified by training and experience to serve as division director of the department. From those nominated, the governor and council shall appoint 2 division directors, each of whom shall serve for a term of 4 years. Any vacancy shall be filled for the full 4-year term in the same manner as the original appointment. The annual salary of each division director shall be as prescribed in RSA 94:1-a. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph.
II. (a) [Repealed.]
(b) The commissioner shall appoint a person to each position established pursuant to subparagraph (a). Any vacancy shall be filled in the same manner as the original appointment. The annual salary of such unclassified employees shall be as prescribed in RSA 94:1-a. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph.
(c) Each person appointed under subparagraph (b) shall serve subject to the following provisions:
(1) The commissioner, at any time, upon written notice to the employee, may terminate the appointee from the position for either:
(A) Good cause, which shall include, but not be limited to malfeasance, misfeasance, or insubordination; or
(B) The abolition of a position because of a change in organization, lack of work, unappropriated or insufficient funds, or like reasons.
(2) Within 10 days after receipt of the notice of the termination, the appointee may appeal the termination in writing to the commissioner.
(3) Within 20 days of receiving the notice of appeal, the commissioner shall conduct a hearing in accordance with RSA 126-A:5, VIII.
(4) Within 10 days after completion of the hearing process, the commissioner shall render a written decision. If the termination is reversed, the employee shall be reinstated to the same position and all pay and benefits lost during the time of the appeals process shall be restored to the appointee.
(d) Any positions that were established under this section and subsequently transferred to the department of information technology and become vacant may be filled by the commissioner of the department of information technology in the same manner as prescribed for the commissioner.
Source. 1995, 310:1. 2001, 158:109, II, eff. Dec. 28, 2001. 2008, 335:4, eff. Sept. 5, 2008.