This chapter may be cited as the State Personnel Act.
The classified service consists of all positions in the state service not included in the exempt service or in the partially exempt service.
There is established within the Department of Administration a division of personnel. There is established within the division of personnel a personnel board.
A subpoena shall be issued at the request of a party to a proceeding begun under AS 39.25.170 .
This chapter and the rules adopted under it apply to all positions in
(1) the classified service; and
(2) the exempt and partially exempt service as specifically provided.
Repealed or Renumbered
If any part of this chapter conflicts with federal requirements that are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agency directly affected, and does not affect the operation of the remainder of this chapter in its application.
Repealed or Renumbered
The head of the division of personnel is the director of personnel appointed by the commissioner of administration and responsible to the commissioner of administration for the execution of the duties and responsibilities imposed by this chapter and the rules adopted under this chapter. The director of personnel shall have at least three years of practical working experience in the field of personnel administration.
Repealed or Renumbered
Article 08. GENERAL PROVISIONS
(a) If a principal department of the executive branch has a personnel officer, the personnel officer shall be employed by and located within that department.
(b) [Repealed, Sec. 16 ch 111 SLA 2000].
(c) [Repealed, Sec. 16 ch 111 SLA 2000].
(d) [Repealed, Sec. 16 ch 111 SLA 2000].
Repealed or Renumbered
Article 07. NONPERMANENT EMPLOYEES
Repealed or Renumbered
(a) A person who wilfully violates a provision of this chapter or of the personnel rules adopted under this chapter is guilty of a misdemeanor.
(b) A state employee who is convicted of a misdemeanor under this chapter or the personnel rules adopted under this chapter immediately forfeits the employee's office or position.
When the director determines that an employee has been appointed as a result of a false certification under AS 39.25.195 , the director shall immediately notify the head of the affected department or agency in writing and the department or agency shall terminate the employee from state service within one working day after receipt of notice.
A person who makes a false certificate under AS 39.25.195 is personally liable in a civil action to an individual terminated under AS 39.25.197 for any resultant damages and for punitive damages of an amount not to exceed three times the gross monthly salary at which the nonpermanent employee was appointed.
The division of personnel, in consultation with the appropriate department or agency, shall require the preparation of and shall maintain a position description for each position in the classified service. The position description shall describe the essential functions of the position and the actual skills and abilities required to perform the tasks assigned to the position. A general requirement for physical abilities may not be imposed on a job classification unless each position within the class requires the use of the physical ability.
(a) If a person refuses to respond to a subpoena issued under AS 39.25.175, or refuses to testify at a hearing authorized by AS 39.25.170, the personnel board may apply to the superior court for an order requiring the person to respond to the subpoena or to testify.
(b) Failure to obey the order of the superior court requiring response to a subpoena or testimony at a hearing may be punished as contempt of court.
Article 06. POLITICAL RIGHTS
(a) The personnel board is composed of three members appointed by the governor and confirmed by the legislature meeting in joint session. The term of office of a member is six years. A vacancy in an unexpired term shall be filled by appointment by the governor for the remainder of the term. The appointment is subject to confirmation in the same manner as a full-term appointment.
(b) Members of the board may not be employees of the state. Not more than two members of the board may be members of the same political party.
(c) A board member may be removed by the governor only for cause.
(d) A member of the board may receive a per diem allowance and transportation expenses incurred in carrying out the member's duties.
A state employee may
(1) be a member of a national, state, or local political party;
(2) take part in a political campaign;
(3) express political opinions; however, while engaged on official business, a state employee may not display or distribute partisan political material;
(4) register party preference;
(5) serve as a voting or nonvoting delegate to a party convention;
(6) be appointed, nominated, or elected to nonpartisan public office in a local government unit; and
(7) make contributions to a political party or a candidate for public office.
(a) An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by the employer of the action and the reason for it and may be heard publicly by the personnel board and may be represented by counsel at the hearing. In order to be heard, the complainant shall request a hearing within 15 days of dismissal, demotion or suspension.
(b) If the board finds that the action complained of was taken for a political, racial or religious reason, or in violation of this chapter or the rules adopted under this chapter, the officer or employee shall be reinstated to the position without loss of pay or leave benefit for the period of dismissal, demotion, or suspension. In all other cases, the board shall report its findings and recommendations to both parties.
(a) The personnel board, upon written recommendation of the commissioner of administration, may extend the partially exempt service to include any position in the classified service that, in the judgment of the board,
(1) involves principal responsibility for the determination of policy;
(2) involves principal responsibility for the way in which policies are carried out; or
(3) involves responsibilities and duties of a type not susceptible to the ordinary recruiting and assessment procedures.
(b) Positions may not be included in the partially exempt service under this section if the inclusion is inconsistent with federal requirements for state agencies supported in whole or in part by federal funds.
(c) The personnel board, upon written recommendation of the commissioner of administration, may extend the classified service to include any position in the partially exempt service.
Article 03. PERSONNEL RULES
(a) It is the purpose of this chapter to establish a system of personnel administration based upon the merit principle and adapted to the requirements of the state to the end that persons best qualified to perform the functions of the state will be employed, and that an effective career service will be encouraged, developed and maintained.
(b) The merit principle of employment includes the following:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(2) regular integrated salary programs based on the nature of the work performed;
(3) retention of employees with permanent status on the basis of the adequacy of their performance, reasonable efforts of temporary duration for correction in inadequate performance, and separation for cause;
(4) equal treatment of applicants and employees with regard only to consideration within the merit principles of employment; and
(5) selection and retention of an employee's position secure from political influences.
(a) Notwithstanding the provisions of AS 39.25.195 , a hiring department or agency may grant a preference to local residents in the appointment of nonpermanent employees or in the appointment of permanent employees to perform seasonal work assignments of 180 calendar days or less in a 12-month period. If there are no local residents on the applicable list of applicants qualified for a nonpermanent or a permanent seasonal position or if the local residents on the applicable list of applicants qualified for the position are unavailable, the hiring department or agency may obtain referrals of qualified job applicants for these positions from the job service office of the Department of Labor and Workforce Development serving the area and, from those applicants, select a qualified person who is a local resident for the position.
(b) Appointment of a nonpermanent employee in accordance with (a) of this section does not require the prior written approval of the director under AS 39.25.195 .
In this chapter
(1) 'fraud' means for a person to knowingly
(A) create or confirm another's false impression which the person does not believe to be true, including false impressions as to law or value and false impressions as to intention or other state of mind;
(B) fail to correct another's false impression which the person previously has created or confirmed;
(C) prevent another from acquiring pertinent information;
(2) 'knowingly' means for a person to be aware with respect to conduct or to a circumstance described by a provision of law that the person's conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is required, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist;
(3) 'precinct' means the territory within which resident voters may cast votes at one polling place;
(4) 'state employee' means a person employed by the state who is paid a wage or salary, but does not include a person hired by the state to work as an independent contractor or a person who is in the custody of the state.
(a) The authority to appoint to positions in the state service is as follows:
(1) the legislature is the appointing authority for all officers and employees of the legislature and the legislative agencies, but the authority to make appointments may be delegated;
(2) the governor is the appointing authority for all officers and employees of the executive branch, but the authority to make appointments may be delegated;
(3) the chief justice of the supreme court is the appointing authority for all administrative and clerical personnel of the state judicial system, but the authority to make appointments may be delegated;
(4) the board of regents is the appointing authority for all employees of the University of Alaska, but the authority to make appointments may be delegated.
(b) Unless a waiver is granted by the commissioner of administration, an appointing authority may not appoint a person to state service if the person has been convicted under AS 11.56.845 . Before granting a waiver under this subsection, the commissioner shall give notice in writing to the Legislative Budget and Audit Committee of the intent to grant a waiver.
(a) The director of personnel shall direct and supervise the administrative and technical activities of the division of personnel. In addition to the other duties imposed on the director, the director shall
(1) administer this chapter and the personnel rules;
(2) encourage and exercise leadership in the development of effective personnel administration in the state government;
(3) develop, in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness and morale;
(4) attend meetings of the personnel board and serve as secretary for the board;
(5) establish and maintain a roster of employees subject to this chapter;
(6) prepare the rules, not inconsistent with this chapter, that are required to implement and administer this chapter;
(7) perform other lawful acts that the director considers necessary or desirable to carry out the purposes of this chapter;
(8) administer the equal employment opportunity program under AS 39.28.
(b) The director of personnel may contract with municipalities, private organizations, and other persons to provide personnel research or personnel training services for them and charge a fee for doing so.
In addition to the other duties imposed by this chapter, the personnel board shall
(1) approve or disapprove amendments to the personnel rules in accordance with AS 39.25.140 ;
(2) consider and act upon recommendations for the extension of the partially exempt service and the classified service as provided in AS 39.25.130;
(3) hear and determine appeals by employees in the classified service as provided in AS 39.25.170 ;
(4) establish its own rules of procedure; two members constitute a quorum for the transaction of business and two affirmative votes are required for final action on matters acted upon by the board;
(5) elect a chair from its membership;
(6) have the power to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to a hearing authorized by this chapter;
(7) employ staff members, who shall be in the classified service;
(8) carry out its powers and duties under AS 39.52.
(1) 'certified' means signed by the head of a department or agency or by a responsible person designated by the head of a department or agency;
(2) 'director' means the director of the division of personnel;
(3) 'emergency employee' means an employee appointed for a period not to exceed 30 calendar days, whose appointment was made under conditions requiring immediate action to carry on work that is required in the public interest;
(4) 'nonpermanent employee' means a person who is employed in state service in a position that is not in the exempt or partially exempt service and who is not a permanent or an emergency employee;
(5) 'permanent employee' means an employee who has been appointed to an authorized, permanent full-time or part-time or permanent seasonal position in the classified service and who is in the process of completing or has successfully completed the required probationary service in that position;
(6) 'program or project employee' means a nonpermanent employee, including a student intern, who is employed in state service with prior written understanding that employment in that position will continue for at most the duration of a specified program or project that is not a regular and continuing function of a department or agency and that has an established probable date of termination.
(a) The director of personnel shall prepare and submit to the commissioner of administration any proposed amendments to the personnel rules for all positions and employees subject to this chapter.
(b) The commissioner of administration shall review the amendments and submit them to the personnel board.
(c) At least 30 days before the adoption, amendment, or repeal of a personnel rule, the secretary to the personnel board shall provide notice that the personnel board has the proposed action under consideration. The notice shall be
(1) posted in public buildings throughout the state;
(2) published in one or more newspapers of general circulation throughout the state;
(3) mailed to each person or group that filed a request for notice of proposed action with the secretary to the personnel board;
(4) furnished to each member of the legislature and to the Legislative Affairs Agency.
(d) The rules may provide for exemptions and modifications that are necessary to assure the continuity of federal grants to agencies supported in whole or in part by federal contributions.
(e) The rules adopted under this chapter relate to the internal management of state agencies and their adoption is not subject to the Administrative Procedure Act. The rules shall be published in the Alaska Administrative Register and Code for informational purposes.
(f) Failure to mail notice to a person as required in this section does not invalidate an action taken by the personnel board.
(g) An amendment to the personnel rules takes effect 30 days after it is approved by the personnel board. The board, if requested to do so, may hold a public hearing on a proposed amendment.
(a) It is the purpose of this section to establish a liberal system under which Alaskan residents not employed by the state who do not meet the minimum educational or experience criteria for state employment may demonstrate their abilities and achieve temporary or permanent state employee status. This program is intended for use primarily in remote or underemployed areas where the opportunity to gain required hiring qualifications does not exist, but where there is a local need for employees with certain vocational skills. The provisions of this section apply notwithstanding the provisions of AS 39.25.150 (3).
(b) The director of personnel shall establish vocational standards as alternatives for educational or experience levels now required for nonprofessional occupational areas under the state personnel system and incorporate these alternatives into the state classification plan.
(c) Applicants shall be placed on lists for the vocational classification indicated in their applications based on an assessment of their vocational ability and place of residence.
(d) The director of personnel shall establish rates of pay for the selected vocational substitution classifications in relation to the beginning entry classification pay rates. However, vocational substitution personnel may not be classified lower than one pay range below the range to which the classified position is allocated.
(e) The director of personnel shall embody a concept combined of vocational ability, place of residence, local hire, and area unemployment in the personnel rules to accomplish the intent of this section.
(f) Applicants selected under this section are subject to the provisions of AS 39.25.160 .
(g) [Repealed, Sec. 19 ch 67 SLA 1983].
(a) State personnel records, including employment applications and examination and other assessment materials, are confidential and are not open to public inspection except as provided in this section.
(b) The following information is available for public inspection, subject to reasonable regulations on the time and manner of inspection:
(1) the names and position titles of all state employees;
(2) the position held by a state employee;
(3) prior positions held by a state employee;
(4) whether a state employee is in the classified, partially exempt, or exempt service;
(5) the dates of appointment and separation of a state employee;
(6) the compensation authorized for a state employee; and
(7) whether a state employee has been dismissed or disciplined for a violation of AS 39.25.160 (l) (interference or failure to cooperate with the Legislative Budget and Audit Committee).
(c) A state employee has the right to examine the employee's own personnel files and may authorize others to examine those files.
(d) An applicant for state employment who appeals an examination score may review written examination questions relating to the examination unless the questions are to be used in future examinations.
(e) In addition to any access to state personnel records authorized under (b) of this section, state personnel records shall promptly be made available to the child support services agency created in AS 25.27.010 or the child support enforcement agency of another state. If the record is prepared or maintained in an electronic data base, it may be supplied by providing the requesting agency with access to the data base or a copy of the information in the data base and a statement certifying its contents. The agency receiving information under this subsection may use the information only for child support purposes authorized under law.
Article 02. COVERAGE OF PERSONNEL
(a) An individual may not be appointed as a nonpermanent employee in the state service without prior written approval of the director except as an emergency employee.
(b) An appointment to state service, except an emergency appointment, shall be made from the list of applicants qualified for the position unless, in appropriate circumstances, the director has waived this requirement.
(c) An appointment of a nonpermanent employee may not be made unless the request for authorization is approved by the director, adequate money is available for the anticipated duration of the appointment, and the director determines that the hiring department or agency has certified that
(1) the legislature has appropriated money for the work in question knowing that it is to be performed by a nonpermanent employee;
(2) there is an immediate need to fill an authorized, permanent position and it is impractical either to establish or recruit for the position within a reasonable time;
(3) an immediate need exists and the director determines that the hiring department or agency could not reasonably have been expected to anticipate and meet that need through the creation of a permanent position; or
(4) a program or project exists and the director determines that the need for employees can most appropriately be met through the use of program or project employees.
(d) The director may not authorize the appointment of a nonpermanent employee if the director determines that
(1) the need for the nonpermanent employee can practicably be met through establishing and filling an authorized permanent position;
(2) the need for the nonpermanent employee would be more appropriately met through an emergency appointment; or
(3) the need for the nonpermanent employee is not immediate and could reasonably have been anticipated and met by the appointing authority through the creation and filling of a permanent position.
(e) A nonpermanent employee may not be placed on the state payroll unless the director has first approved the personnel action for the employee's appointment.
(f) This section does not prevent the director from adopting regulations to provide for timely substitution for permanent employees on medical or personal leave or other situations in which the appointment of an emergency or permanent employee would be inappropriate or when delay in making a temporary replacement would cause serious disruption.
(g) A department or agency may not use nonpermanent employees to perform a given work assignment for more than 120 calendar days in a 12-month period. A department or agency may not employ any individual as a nonpermanent employee for more than 120 calendar days in a 12-month period. In appropriate circumstances the director may authorize an extension of the limit imposed by this subsection if the director finds that there is an immediate need for the extension. The limit imposed by this subsection does not apply to program or project employees or to substitutes appointed under (f) of this section.
(h) A hiring department or agency shall certify to the director within 15 working days following the appointment its reasons for appointing an emergency employee.
(a) Positions in the partially exempt service are included in the position classification plan established under this chapter and are compensated according to the pay plan under AS 39.27.011 .
(b) A person holding a position in the partially exempt service is not required to complete an assessment and is not eligible for a hearing by the personnel board in case of dismissal, demotion, or suspension. Positions in the partially exempt service are specifically exempt from the rules established under AS 39.25.150 (3) - (10), (12), (13), and (16).
(c) The following positions in the state service constitute the partially exempt service:
(1) deputy and assistant commissioners of the principal departments of the executive branch, including the assistant adjutant general of the Department of Military and Veterans' Affairs;
(2) the directors of the major divisions of the principal departments of the executive branch and the regional directors of the Department of Transportation and Public Facilities;
(3) attorney members of the staff of the Department of Law, of the public defender agency, and of the office of public advocacy in the Department of Administration;
(4) one private secretary for each head of a principal department in the executive branch;
(5) employees of councils, boards, or commissions established by statute in the Office of the Governor or the office of the lieutenant governor, unless a different classification is provided by statute;
(6) not more than two special assistants to the commissioner of each of the principal departments of the executive branch, but the number may be increased if the partially exempt service is extended under AS 39.25.130 to include the additional special assistants;
(7) the principal executive officer of the following boards, councils, or commissions:
(A) Alaska Public Broadcasting Commission;
(B) Professional Teaching Practices Commission;
(C) Parole Board;
(D) Board of Nursing;
(E) Real Estate Commission;
(F) Alaska Royalty Oil and Gas Development Advisory Board;
(G) Alaska State Council on the Arts;
(H) Alaska Police Standards Council;
(I) Alaska Commission on Aging;
(J) Alaska Mental Health Board;
(K) State Medical Board;
(L) Governor's Council on Disabilities and Special Education;
(M) Advisory Board on Alcoholism and Drug Abuse;
(N) Statewide Suicide Prevention Council;
(O) the State Board of Registration for Architect, Engineers, and Land Surveyors;
(8) Alaska Pioneers' Home and Alaska Veterans' Home managers;
(9) hearing examiners in the Department of Revenue;
(10) the comptroller in the division of treasury, Department of Revenue;
(11) airport managers in the Department of Transportation and Public Facilities employed at the Anchorage and Fairbanks International Airports;
(12) the deputy director of the division of insurance in the Department of Commerce, Community, and Economic Development;
(13) the executive director and staff of the Alaska Public Offices Commission;
(14) the rehabilitation administrator of the Workers' Compensation Board;
(15) guards employed by the Department of Public Safety for emergencies;
(16) marine pilot coordinator of the Board of Marine Pilots;
(17) guards employed by the Department of Corrections, other than in state correctional facilities, to carry out the responsibility of the commissioner of Corrections under AS 33.30.071 (b);
(18) hearing officers and administrative law judges of the Regulatory Commission of Alaska;
(19) the compact administrator appointed under AS 33.36.130 ;
(20) the chief administrative law judge and administrative law judges of the office of administrative hearings.
(a) A veteran or former prisoner of war who possesses the necessary qualifications for a position or job classification applied for under this chapter is entitled to a preference under this subsection. In an assessment using numerical ratings, points equal to five percent of the points available from the assessment device or devices shall be added to the passing score of a veteran, and points equal to 10 percent of the points available from the assessment device or devices shall be added to the passing score of a disabled veteran or former prisoner of war. In an assessment not using numerical ratings, consideration shall be afforded to a veteran; additionally, an opportunity to interview for the position shall be afforded to a disabled veteran or a former prisoner of war. A person may receive preference under only one of the categories described in this subsection or in (c) of this section. A person may use the preference without limitation when being considered for a position for which persons who are not currently state employees are being considered. If the recruitment for a position is limited to state employees, preference under this subsection may not be counted. If a position in the classified service is eliminated, employees shall be released in accordance with rules adopted under AS 39.25.150 (13). In the case of a comparison of employees with equal qualifications on the factors adopted under AS 39.25.150 (13), a veteran or former prisoner of war shall be given preference over a person who is not a veteran or former prisoner of war, and the veteran or former prisoner of war shall be kept on the job. This subsection may not be interpreted to amend the terms of a collective bargaining agreement.
(b) [Repealed, Sec. 2 ch 56 SLA 1993].
(c) A member of the national guard who possesses the necessary qualifications for a position or job classification applied for under this chapter is entitled to a preference under this subsection. In an assessment using numerical ratings, points equal to five percent of the points available from the assessment device or devices shall be added to the passing score of a member of the national guard. In an assessment not using numerical ratings, consideration shall be afforded to a member of the national guard. A person may use the preference without limitation when being considered for a position for which persons who are not currently state employees are being considered. If the recruitment for a position is limited to state employees, preference under this subsection may not be counted. If a position in the classified service is eliminated, employees shall be released in accordance with rules adopted under AS 39.25.150 (13). In the case of a comparison of employees with equal qualifications on the factors adopted under AS 39.25.150 (13), a member of the national guard shall be given preference over a person who is not a veteran, a former prisoner of war, or a member of the national guard. This subsection may not be interpreted to amend the terms of a collective bargaining agreement. In this subsection, 'member of the national guard' means a person who is presently serving as a member of the Alaska National Guard and who has at least eight years of service in the Alaska National Guard.
(d) In this section,
(1) 'consideration' means reviewing a person's entire application in order to determine whether the person should be selected, rejected, or admitted to further steps in the assessment or selection process.
(2) 'disabled veteran' means a veteran who is entitled to compensation under laws administered by the United States Department of Veterans Affairs, a person who was honorably discharged or released from active duty because of a service-connected disability, or a person who was disabled in the line of duty while serving in the Alaska Territorial Guard;
(3) 'prisoner of war' means a person who has been a prisoner of war during a declared war or other conflict as determined by the Department of Defense under federal regulations;
(4) 'veteran' means a person
(A) with 181 days or more active service in the armed forces of the United States who has been honorably discharged after having served during any period
(i) between April 6, 1917, and December 1, 1919, between September 16, 1940, and December 31, 1947, or between June 27, 1950, and October 14, 1976; or
(ii) in which the person was awarded a campaign badge, expedition medal, the Purple Heart, or an award or decoration for heroism or gallantry in action;
(B) who served 181 days or more in the Alaska Territorial Guard.
Article 04. PROHIBITIONS
(a) An injured employee is eligible for reemployment rights under this section if the employee requests to return to work for the state within 30 days after receipt of a release from a physician indicating that the employee is able to return to full or modified work.
(b) After an employee requests to return to work, the reemployment benefits administrator of the division of workers' compensation or the director of vocational rehabilitation in the Department of Labor and Workforce Development shall review the request and certify that the employee is able to return to work under (c), (d), (e), or (f) of this section, or defer certification until the employee completes retraining under (f) of this section.
(c) If the reemployment benefits administrator or the director of vocational rehabilitation certifies that the employee is able to perform the tasks assigned to the employee's former position, the agency shall reemploy the employee within 30 days after receipt of the certification unless the position no longer exists. If a permanent, probationary or provisional employee is currently employed in the position, the agency shall cause a vacancy under the layoff provisions of AS 39.25.150 (13).
(d) If the employee is not eligible for reemployment under (c) of this section but is able to perform the essential functions of the position, then the agency shall reemploy the employee in the position after making a reasonable accommodation to the physical and mental limitations of the employee unless the position no longer exists. Reasonable accommodation may include imposing work restrictions on the tasks performed by the employee, making job or site modifications necessary to permit the employee to perform the tasks of the position, removing institutional and architectural barriers, and providing additional support services.
(e) If the employee is not eligible for reemployment under (c) or (d) of this section and if the agency has a vacant position for which the employee is qualified that is comparable in wage to the position the employee previously held, then the agency shall offer the employee the position. If the employee is unable to perform the essential functions of a comparable position within the agency, then the employee is entitled to reemployment in a comparable position for which the employee is qualified with another agency if the position is vacant and the employee is able to perform the essential functions of that position.
(f) If the agency and other agencies in the state are unable to reemploy the employee in a position at a wage comparable to the employee's previous wage, the employee may request reemployment at a lower wage or accept retraining under AS 23.30.041 . After completing the training the employee may request reemployment in a position for which the employee has been retrained in the agency. If the agency cannot offer reemployment, the employee may request reemployment in a position for which the employee has been retrained with another agency.
(g) An agency may refuse to reemploy or continue the employment of a former employee if reasonable accommodation imposes an undue hardship on the operation of the agency's program or if, after reasonable efforts at accommodation, the injured employee cannot perform the essential functions of the position in a manner that would not endanger the health or safety of
(1) the employee because the job imposes an imminent and substantial degree of risk to the employee; or
(2) others to a greater extent than if a nonhandicapped person performed the job.
(h) Factors an agency may consider in determining undue hardship under (g) of this section include the current number of employees in the section or office, number and type of facilities, size of budget, nature and cost of the accommodation needed, and the type, composition, and structure of the work force.
(i) Notwithstanding any other provision of law, if an injured employee requests reemployment under (e) or (f) of this section and if the employee is able to perform the essential functions of the position, the state may not hire another person for that position except an employee in layoff status for that job class.
(j) A collective bargaining agreement under AS 23.40.070 - 23.40.260 may not include terms contrary to this section.
(k) In this section
(1) 'agency' includes a department, division, office, agency, board, commission, authority, or other organizational unit of the executive branch of state government;
(2) 'comparable wage' means a wage equivalent to at least the state minimum wage under AS 23.10.065 or 75 percent of the worker's gross hourly wage at the time of injury, whichever is greater;
(3) 'injured employee' or 'employee' means a permanent, probationary, or provisional employee of an agency in the classified service whose injury is a compensable injury or condition under AS 23.30.
The personnel rules must provide for
(1) the preparation, maintenance, and revision by the director of personnel, subject to approval of the commissioner of administration and the personnel board, of a position classification plan for all positions in the classified and partially exempt services; the position classification plan shall include
(A) a grouping together of all positions into classes on the basis of duties and responsibilities;
(B) an appropriate title, a description of the duties and responsibilities, training and experience qualifications, and other necessary specifications for each class of positions;
(2) the preparation, maintenance, revision and administration by the director of personnel of a pay plan for all positions in the classified and partially exempt services; the pay plan (A) shall be based upon the position classification plan; (B) shall provide for fair and reasonable compensation for services rendered, and reflect the principle of like pay for like work; (C) may be amended, approved, or disapproved by the legislature in regular or special session; after the pay plan is in effect, a salary or wage payment may not be made to a state employee covered by the plan unless the payment is in accordance with this chapter and the rules adopted under this chapter or unless the payment is in accordance with a valid agreement entered into in accordance with AS 23.40;
(3) the use of employee selection methods, including open competitive assessment devices, when appropriate, that will fairly evaluate the capacity and fitness of the person assessed to discharge the duties of the position in which employment is sought;
(4) the formulation of a list for appointment and promotion to a position;
(5) the procedure for filling positions; the rule adopted under this paragraph may include procedures providing a preference for local residents when appropriate;
(6) promotions from within the state service when there are qualified candidates in the state service; vacancies shall be filled by promotion whenever practicable and in the best interest of the state service, and promotion shall be by competitive assessment whenever possible; in considering promotions, the applicants' qualifications, performance records, seniority, and conduct shall be evaluated;
(7) a period of probation not to exceed one year before an appointment to a position becomes permanent, unless the period of probation is extended as set out in a collective bargaining agreement under AS 23.40; however, a permanent employee receiving a promotional appointment retains permanent status in the service and job class from which appointed for the duration of the probationary period and may be demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but, if the employee is dismissed from the service, the appeal rights under AS 39.25.170 apply;
(8) nonpermanent and emergency appointments to positions in the state service in accordance with AS 39.25.195 - 39.25.200;
(9) provisional appointment without competitive assessment when the recruitment and assessment procedures have not identified qualified candidates in sufficient number;
(10) transfers from one department to another and from another merit system jurisdiction to the state service;
(11) transfers from one area of the state to another;
(12) the reinstatement of a person who resigns in good standing;
(13) layoffs for reason of lack of money or work, abolition of positions, or material changes in duties or organization; both performance and seniority records shall be considered in the development of layoff orders;
(14) the development, maintenance, and use of employee performance records;
(15) the establishment of disciplinary measures, which may include disciplinary suspension without pay;
(16) the procedures for review of disputed personnel actions, for resolving employee and interagency grievances, and for resolving grievances of the general public concerning the operation of the state personnel system;
(17) hours of work for all employees in the state service;
(18) methods and procedures covering overtime work and pay;
(19) the granting of employment preference rights, not within the area of promotion, to a veteran or former prisoner of war under AS 39.25.159;
(20) the employment of persons in permanent positions on a part-time basis of 15 hours or more a week, including the employment of two persons to fill one permanent full-time position; these employees shall be designated as permanent part-time employees;
(21) the granting of employment preference to individuals with severe disabilities; this includes the right to provisional appointment without competitive assessment for periods of up to four months and the granting of eligibility to an individual with a severe disability provisionally appointed under the rules who demonstrates ability to perform the job for permanent appointment without competitive assessment; provisional employment under this paragraph may not exceed four months during a 12-month period; 'individual with a severe disability,' as used in this paragraph, means an individual certified by the director of the division of vocational rehabilitation to be severely disabled;
(22) the establishment of programs facilitating the employment of disadvantaged persons;
(23) the delegation, when feasible, of personnel responsibilities and duties to the principal departments of the executive branch;
(24) the establishment of a transition period of up to 12 months for an employee to be reappointed to a classified position if the employee's position is withdrawn from the partially exempt or exempt service and placed in the classified service;
(25) other rules and administrative regulations, not inconsistent with this chapter, that are necessary for its enforcement.
(a) A classified employee may not take an active part in the management of a political party above the precinct level.
(b) A person may not give, render, pay, offer, solicit, or accept money, services, or other valuable thing in connection with securing or making an appointment, promotion, or advantage in a position in the classified service.
(c) A person may not require an assessment, subscription, contribution, or service for a political party from a state employee.
(d) A person may not seek or attempt to use a political party endorsement in connection with an appointment or promotion in the classified service.
(e) An employee in the classified, partially exempt, or exempt service who seeks nomination or becomes a candidate for state or national elective political office shall immediately resign any position held in the state service. The employee's position becomes vacant on the date the employee files a declaration of candidacy for state or national elective office. This subsection applies to employees in the exempt service, except those listed below, notwithstanding AS 39.25.110 . This subsection does not apply to
(1) a justice, judges, magistrates, and employees of the judicial branch, including employees of the judicial council;
(2) the governor or the lieutenant governor;
(3) a member of the legislature;
(4) an employee seeking election as a delegate to a constitutional convention;
(5) officers and employees of the University of Alaska;
(6) certificated teachers and noncertificated employees employed by a regional educational attendance area established and organized under AS 14.08.031 - 14.08.041 to teach in, administer, or operate schools under the control of a regional educational attendance area school board;
(7) certificated teachers employed as correspondence teachers, teachers in skill centers operated by the Department of Education and Early Development, or teachers at Mt. Edgecumbe School;
(8) members of boards and commissions and authorities if the member is not entitled to compensation other than per diem and travel for service on the board, commission, or authority;
(9) emergency fire-fighting personnel employed by the Department of Natural Resources for a fire emergency or for fire prevention and related activities conducted under AS 41.15.030 ;
(10) youth employed by the Department of Natural Resources under the Youth Employment and Student Intern programs;
(11) students employed by the state institutions in which the students are enrolled;
(12) persons engaged in employment or pre-employment training programs operated by the Department of Military and Veterans' Affairs;
(13) a participant in the Alaska temporary assistance program under AS 47.27 who holds a temporary position with the state in order to obtain job training or experience.
(f) Action affecting the employment status of a state employee or an applicant for state service, including appointment, promotion, demotion, suspension, or removal, may not be taken or withheld on the basis of unlawful discrimination due to race, religion, color, or national origin, age, handicap, sex, marital status, change in marital status, pregnancy, or parenthood. In addition, action affecting the employment status of an employee in the classified service, including appointment, promotion, demotion, suspension, or removal, may not be taken or withheld for a reason not related to merit.
(g) Action affecting the employment status of an employee in the classified service or an applicant for a position in the classified service, including appointment, promotion, demotion, suspension, or removal, may not be taken or withheld on the basis of unlawful discrimination due to political beliefs.
(h) A person may not knowingly make a false statement, mark, rating, or report with regard to an assessment, certification, or appointment made under this chapter or in any manner commit a fraud preventing the impartial execution of this chapter and the personnel rules adopted under this chapter.
(i) A person may not obstruct the right of another person to assessment, eligibility, certification, appointment, or promotion under this chapter.
(j) A state employee, whether in the classified, partially exempt, or exempt service, may not campaign on behalf of a political candidate on government time. This subsection does not prohibit the employees of the division of elections from carrying out duties related to elections or the members and employees of the commission on judicial conduct from carrying out duties relating to the evaluation of justices and judges. This subsection does not apply to the governor and lieutenant governor and members of the legislature.
(k) A person may not be employed in the classified, partially exempt, or exempt service unless the person has complied with the military selective service registration requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), if those requirements were applicable to the person. Notwithstanding AS 39.25.110 , this subsection applies to employees in the exempt service except
(1) a justice, a judge, or a magistrate;
(2) the governor or the lieutenant governor;
(3) a member of the legislature;
(4) a person appointed under art. III, sec. 25, or art. III, sec. 26, Constitution of the State of Alaska.
(l) A state employee may not intentionally (1) fail to give, or (2) direct, order, threaten, restrain, coerce, force, or prevent another person from giving, full cooperation to the legislative auditor or the legislative fiscal analyst in assembling or furnishing requested information to the Legislative Budget and Audit Committee or its staff if the person did not reasonably believe that the action or failure to act was legally justified. Violation of this subsection constitutes just cause for dismissal or other appropriate disciplinary action.
Article 05. HEARINGS
Unless otherwise provided by law, the following positions in the state service constitute the exempt service and are exempt from the provisions of this chapter and the rules adopted under it:
(1) persons elected to public office by popular vote or appointed to fill vacancies in elected offices;
(2) justices, judges, magistrates, and employees of the judicial branch including employees of the judicial council;
(3) employees of the state legislature and its agencies;
(4) the head of each principal department in the executive branch;
(5) officers and employees of the University of Alaska;
(6) certificated teachers and noncertificated employees employed by a regional educational attendance area established and organized under AS 14.08.031 - 14.08.041 to teach in, administer, or operate schools under the control of a regional educational attendance area school board;
(7) certificated teachers employed by the Department of Education and Early Development as correspondence teachers, teachers in skill centers operated by the Department of Education and Early Development or by the Department of Labor and Workforce Development, or in Mt. Edgecumbe School;
(8) patients and inmates employed in state institutions;
(9) persons employed in a professional capacity to make a temporary or special inquiry, study or examination as authorized by the governor;
(10) members of boards, commissions, or authorities;
(11) the officers and employees of the following boards, commissions, and authorities:
(A) [Repealed, Sec. 13 ch 43 SLA 1994].
(B) Alaska Permanent Fund Corporation;
(C) Alaska Industrial Development and Export Authority;
(D) Alaska Commercial Fisheries Entry Commission;
(E) Alaska Commission on Postsecondary Education;
(F) Alaska Aerospace Development Corporation;
(G) Alaska Natural Gas Development Authority;
(12) the executive secretary and legal counsel of the Alaska Municipal Bond Bank Authority;
(13) the state medical examiner, deputy medical examiner, and assistant medical examiners appointed under AS 12.65.015 and physicians licensed to practice in this state and employed by the division of mental health and developmental disabilities in the Department of Health and Social Services or by the Department of Corrections;
(14) petroleum engineers and petroleum geologists employed in a professional capacity by the Department of Natural Resources and by the Oil and Gas Conservation Commission, except for those employed in the division of geological and geophysical surveys in the Department of Natural Resources;
(15) [Repealed, Sec. 1 ch 32 SLA 1999].
(16) persons employed by the division of marine transportation as masters and members of the crews of vessels who operate the state ferry system and who are covered by a collective bargaining agreement provided in AS 23.40.040 ;
(17) officers and employees of the state who reside in foreign countries;
(18) employees of the Alaska Seafood Marketing Institute;
(19) emergency fire-fighting personnel employed by the Department of Natural Resources for a fire emergency or for fire prevention and related activities conducted under AS 41.15.030 ;
(20) employees of the Office of the Governor and the office of the lieutenant governor, including the staff of the governor's mansion;
(21) [Repealed, Sec. 47 ch 99 SLA 2004].
(22) youth employed by the Department of Natural Resources under the Youth Employment and Student Intern programs;
(23) [Repealed, Sec. 6 ch 28 SLA 2003].
(24) students employed by the state institutions in which the students are enrolled;
(25) [Repealed, Sec. 8 ch 2 SLA 2004].
(26) investment officers in the Department of Revenue;
(27) [Repealed, Sec. 10 ch 29 SLA 1999].
(28) persons engaged in employment or pre-employment training programs operated by the Department of Military and Veterans' Affairs;
(29) [Repealed, Sec. 9 ch 115 SLA 1989].
(30) a person employed as an actuary or assistant actuary by the division of insurance in the Department of Commerce, Community, and Economic Development;
(31) [Repealed, Sec. 91 ch 163 SLA 2004].
(32) a participant in the Alaska temporary assistance program under AS 47.27 who holds a temporary position with the state in order to obtain job training or experience;
(33) a person employed as a convener under AS 44.62.730 or as a facilitator under AS 44.62.760 related to a negotiated regulation making process under AS 44.62.710 - 44.62.800;
(34) the chief executive officer and employees of the Alaska Mental Health Trust Authority employed under AS 47.30.026 (b);
(35) the assistant adjutant general for space and missile defense appointed under AS 26.05.185 ;
(36) the victims' advocate established under AS 24.65.010 and the advocate's staff;
(37) employees of the Alaska mental health trust land unit established under AS 44.37.050 ;
(38) the executive director and staff of the Council on Domestic Violence and Sexual Assault established under AS 18.66.010 ;
(39) the executive director and employees of the Knik Arm Bridge and Toll Authority under AS 19.75.051 and 19.75.061.
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