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DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
BUREAU OF HUMAN RESOURCES

July 1, 2007

HUMAN RESOURCES MEMORANDUM 4-07

SUBJECT:               FY 2008 HIRING FREEZE

REFERENCE:         EXECUTIVE ORDER 01 FY 08/09 – SPECIAL BUDGET AND EXPENDITURE ORDER OF JULY 1, 2007

A hiring freeze will remain in effect for all positions that are vacant or that become vacant in FY 08 (July 1, 2007 – June 30, 2008).  This hiring freeze extends to all positions, regardless of funding source (general funds, federal funds, dedicated revenue, etc.) or position/appointment type (permanent, seasonal, intermittent, project, acting capacity, etc.).  Emergency exemptions to this hiring freeze may be approved by each department or agency head with advice and recommendation of the State Budget Officer and the Commissioner of the Department of Administrative and Financial Services.  Emergency exemptions 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 exemptions 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 01 FY 08/09 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

Effective July 1, 2007, previously approved exemption requests (competitive and direct hire) are rescinded and a new exemption request is required unless one of the circumstances listed below exists.  Previously issued certifications for unfilled positions should be returned to BHR.

REVIEW AND RECOMMENDATION PROCESS

BHR Form PER 125c must be used to process a hiring freeze exemption.  A separate Form PER 125c is required for each position being considered for a hiring freeze exemption; a single Form PER 125c may not contain multiple position numbers.  PER 125c is available on the BHR homepage by clicking on “EMPLOYEE CENTER” and then “FORMS.”  

http://www.maine.gov/bhr/employee_center/forms.htm

Exemption forms should be sent directly to the State Budget Officer, Bureau of the Budget, Department of Administrative and Financial Services.

Agencies must receive exemption approval by the State Budget Officer before proceeding to post or otherwise advertise for any vacancy, or to fill any position.  The only exception to this requirement is for positions covered under the “blanket exception” list approved by the State Budget Officer effective July 1, 2007, which is included herein as Attachment 1.

Agencies that wish to consider “blanket” emergency exemption request in response to an immediate need to fill vacancies for safety or cost containment reasons should clearly indicate this on the Form PER 125c and specify the conditions that make a “blanket” emergency exception necessary.  If an agency wants to request a “blanket” exemption, the request should also be sent directly to the State Budget Officer, Bureau of the Budget.

PROCESSING FOR ALL HIRES EXEMPTED FROM THE HIRING FREEZE

A completed PER 125c and a memorandum indicating that the agency is honoring a prior offer for employment or that interviews were in progress must be submitted to the Authorizations Unit, Office of the State Controller, along with all other supporting documentation when processing the human resource transaction to complete the hire.

S/ Alicia Kellogg
Alicia Kellogg, Director
Bureau of Human Resources

AK/pjs

Attachments:

Attachment 1: Blanket exception list
Attachment 2: Questions and Answers
Attachment 3: Executive Order 01 FY08/09