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DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Human Resources
July 5, 2005

HUMAN RESOURCES MEMORANDUM 11-05

TO: Agency Heads, Human Resource Representatives and Supervisors
SUBJECT: FY2006 Hiring Freeze
REFERENCE: Executive Order 1 FY 05/06 - Special Budget and Expenditure Order of July 1, 2005


The hiring freeze implemented November 29, 2004 (HR Memo 9-04) will remain in effect for all positions that are vacant or that become vacant in FY 06 (July 1, 2005 – June 30, 2006). This hiring freeze extends to all positions, regardless of funding source (general funds, federal funds, dedicated revenue, etc.) or position type (permanent, seasonal, intermittent, project, acting capacity, etc.). Emergency exceptions to this hiring freeze may be approved by each department or agency head with advice and recommendation of the Bureau of the Budget and the Commissioner of the Department of Administrative and Financial Services. Emergency exceptions will be limited to positions that meet the following criteria:

HEALTH, SAFETY, WELFARE AND REVENUE PRODUCING POSITIONS

  1. The position provides direct, vital services essential to ensure the health, safety or welfare of the public or wards of the state;
  2. The duties of the position are essential to generate revenue for the state;
  3. Alternative methods to provide such essential health, safety, welfare, or revenue producing services have been explored and no cost-effective alternative to filling the vacancy is available.

Emergency exceptions to the hiring freeze must be made on a position-by-position basis, except in those circumstances where a delay in filling positions will cause unsafe conditions for staff, the public, or wards of the state, or overtime expenses in excess of the cost of filling the position will be incurred.

LIMITATION ON EXTERNAL HIRING

In the event that a vacancy is authorized to be filled under the terms of Executive Order 1 FY 05/06 and this memorandum, all efforts will be made to fill the position on an agency or statewide basis, including employees in layoff status or employees in workers compensation return-to-work status, unless the qualifications for the position or other circumstances require recruitment from outside state government.

TRANSITION PROVISION

There is no interruption of the hiring freeze protocols that were in place as of June 30, 2005. Offers of employment that were made under the previous freeze will be honored. Previously approved exceptions do not need to be resubmitted.

REVIEW AND RECOMMENDATION PROCESS  

Agencies must submit all hiring freeze emergency exceptions to the Bureau of Human Resources for consideration by the Bureau of the Budget and the Commissioner of the Department of Administrative and Financial Services before proceeding to fill any position. The only exception is for positions covered under a “blanket exception” approved by the State Budget Officer.

Continue to use Form PER 125c to obtain this review and recommendation. Emergency exception forms must be sent to Brian Oliver at the Bureau of Human Resources, who will forward the requests to Ryan Low, State Budget Officer, Bureau of the Budget, Department of Administrative and Financial Services. PER 125c is available on BHR homepage [http://www.maine.gov/bhr/] by clicking on “BHR FORMS”.

Agencies that wish to consider “blanket” emergency exception requests in response to an immediate need to fill vacancies for safety or cost containment reasons should clearly indicate this on the form and specify the conditions that make a blanket emergency exception necessary. If an agency wants to request a “blanket” exception, the request should be sent directly to Ryan Low, State Budget Officer, Bureau of the Budget.

Previously approved “blanket exceptions” will remain in force. The current list of approved “blanket exceptions” is shown as Attachment 1.

MFASIS PROCESSING FOR ALL HIRES EXEMPTED FROM THE HIRING FREEZE

A completed PER 125c or a memorandum indicating that the agency is honoring a prior offer for employment must be submitted to the Authorizations Unit along with all other supporting documentation when processing the Human Resource transaction to complete the hire.

 

S /Frank A. Johnson
Frank A. Johnson, Acting Director
Bureau of Human Resources

FAJ/pjs

Job Classification List - Attachment 1
Hiring Freeze Q & A - Attachment 2