2006 Massachusetts Code - Chapter 7 — Section 4J. Divisions within the human resources division; commissioners, directors, etc.; duties and functions; tenure.

Section 4J. There shall be within the human resources division a division of management services, a division of information services, and a division of technical services. Each division shall be headed by a deputy commissioner. There shall be within each division of the human resources division no more than three bureaus. There shall be within the division of technical services, a bureau which shall provide technical assistance to state agencies and cities and towns of the commonwealth and such bureau shall also develop an audit capacity to monitor compliance with civil service law and rules by state agencies and cities and towns of the commonwealth. Each bureau shall be headed by a bureau director. Each deputy commissioner and each bureau director shall be appointed by the personnel administrator with the approval of the secretary of administration and finance, and may be removed in like manner. Each deputy commissioner and each bureau director shall be a person of ability and experience and shall devote his entire time to the duties of his office; provided that the deputy commissioners and bureau directors shall not be subject to section nine A of chapter thirty or chapter thirty-one. The personnel administrator shall appoint, with the approval of the secretary of administration and finance, a deputy personnel administrator who shall have the rank of first deputy commissioner. The deputy personnel administrator shall be a person of ability and experience and shall devote his entire time to the duties of his office and shall not be subject to the provisions of said section nine A of said chapter thirty or said chapter thirty-one. The deputy administrator shall exercise such authority and discharge such duties as the personnel administrator may from time to time delegate to him and in the absence or incapacity of the personnel administrator or in the event of a vacancy in the position of personnel administrator, the said deputy personnel administrator shall act as the personnel administrator until the absence or incapacity shall have terminated or vacancy shall have been filled. So far as practicable in the judgment of the personnel administrator, appointments to such positions shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter thirty-one; 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. 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 said commission in administering chapter thirty-one.