Section 4D: Employees; assistants and technical personnel
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/ma/part-i/title-ii/chapter-7/4dA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4D. Except as otherwise provided by law, the secretary 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 31; provided, however, that in staffing at any time said office, the secretary may, without regard to chapter 31 but subject to the approval of the governor, appoint such experts and other assistants in said office as the secretary shall deem necessary; provided, that no person while holding any such appointment shall be subject to section 9A of chapter 30.
The secretary may, without regard to section 45 of chapter 30 or chapter 31, but subject to approval of the governor, appoint no more than 2 assistant secretaries. Each such assistant secretary shall be a person of ability and experience, shall devote the assistant secretary's entire time to the duties of the assistant secretary's office and shall receive such salary as the secretary shall determine, with the approval of the governor; provided, that such salary shall not exceed the salary of the secretary as set forth in section 4 this section.
Subject to appropriation, the secretary 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 secretary may expend such sums of money for expenses, including travelling expenses of officers and employees serving in said office, as may be appropriated for such expenses.
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.