2006 Massachusetts Code - Chapter 7 — Section 4D. Employees; assistants and technical personnel.

Section 4D. Except as otherwise provided by law, the commissioner shall appoint all employees of the executive office for administration and finance. Unless otherwise provided by law, all such appointments shall be made in accordance with chapter thirty-one; provided, however, that in staffing at any time said office, the commissioner may, without regard to chapter thirty-one but subject to the approval of the governor, appoint such experts and other assistants in said office as he shall deem necessary; provided, that no person while holding any such appointment shall be subject to section nine A of chapter thirty. The commissioner may, without regard to section forty-five of chapter thirty or chapter thirty-one, but subject to approval of the governor, appoint no more than three assistant secretaries. Each such assistant secretary shall be a person of ability and experience, shall devote his entire time to the duties of his office, and shall receive such salary as the commissioner shall determine, with the approval of the governor; provided, that such salary shall not exceed the salary of the commissioner as set forth in section four of this chapter.

Subject to appropriation, the commissioner may appoint and remove such additional assistants, technical consultants, and other persons, and may engage such technical and other assistance, as the work of said office may require. The commissioner may expend such sums of money for expenses, including travelling expenses of officers and employees serving in said office, as may be appropriated therefor.

Every person appointed to any supervisory position in the said office, whether or not such position shall be classified under chapter thirty-one, shall be a person with experience and skill in the field of the functions of such position. So far as practicable in the judgment of the commissioner, appointments to supervisory positions not so classified shall be made by promoting employees of the commonwealth serving in positions so classified; and in every such instance, and in every instance of an employee so promoted from a position in which at the time of promotion he shall have tenure by reason of section nine A of chapter thirty of the General Laws, upon termination of his service in such unclassified supervisory position, the employee shall, if he shall so request, be restored to the classified position from which he shall have been promoted, or to a position equivalent thereto in salary grade in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of the seniority, retirement and other rights to which uninterrupted service in the classified position would have entitled him; provided, however, that if his service in such unclassified supervisory position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by the said commission in administering chapter thirty-one.