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BUREAU OF HUMAN RESOURCES
HUMAN RESOURCES POLICY AND PRACTICES MANUAL


2.6 POSITIONS NOT SUBJECT TO CIVIL SERVICE RULES


The vast majority of positions in the State Service are subject to the provisions of the Civil Service Law and Rules with respect to application and examination, certification (and “direct hire”), appointment, compensation, benefits, and other terms of employment. Maine law also provides that certain categories of positions are not subject to Civil Service Rules. Although these positions are commonly referred to as "elected" and "appointed," there are technical distinctions that require additional explanation, as follows:

Admin Unit Code Y : Any position for which the salary grade is specified in law and the actual salary is subject to approval by the Governor. For these positions, the initial salary and any salary adjustments cannot be processed without a Budget Office memorandum indicating that the salary has been approved. Positions for which salaries must be approved by the Governor are listed in 2 MRSA, §6, and other agency-specific laws.

Admin Unit Code H : "Major Policy" positions are listed in 5 MRSA, §932, et. seq. The salary grade for Unit H positions is not specified in law, but is determined by job evaluation. (Note: If a position is listed as “major policy” in Title 5, but the salary is subject to approval by the Governor in Title 2 or other agency-specific law, the position must be coded as Unit Code Y, not Unit Code H. Any position that is listed as “major policy” in Title 5, but the salary/salary grade is specified by law without any requirement for approval by the Governor must be coded as Unit Code O, not Unit Code H).

Admin Unit Code Z : Classifications that are excluded from the collective bargaining process by the SELRA and do not meet any of the criteria to be placed in one of the other Admin Units. Unit Code Z includes positions in the Department of Attorney General that are salaried at the discretion of the Attorney General. (Note: Positions in the Department of the Attorney General that are salaried subject to approval by the Governor are coded as Unit Code Y, not Unit Code Z.) Deputy Secretary of State positions that are treated as Constitutional Officers by a 1979 Attorney General opinion and that are salaried at the discretion of the Secretary of State are also coded as Unit Code Z. Unit Code Z is also used for Government Interns and other special project only positions that are short-term and excluded from the collective bargaining process.

Admin Unit Code O : Positions for which the salary/salary grade is specified by law without any requirement for approval by the Governor. The law may state a specific dollar amount (e.g. the Governor) or may specify the salary grade and/or step that must be paid. Examples include the Constitutional Officers and certain positions of the PUC. (Note: If the salary is specified in law for a position that is also "subject to approval by the Governor," the position must be coded as Unit Code Y, not Unit Code O.)

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