Sec. J-1. 5 MRSA §946, sub-§1, ¶K, as amended by PL 1995, c. 395, Pt. G, §3 and affected by §20, is further amended to read:
K. Assistant Associate Commissioners; and
Sec. J-2. 5 MRSA §946, sub-§1, ¶L, as enacted by PL 1995, c. 395, Pt. G, §4 and affected by §20, is amended to read:
L. Director, Division of Mental Retardation.; and
Sec. J-3. 5 MRSA §946, sub-§1, ¶M is enacted to read:
M. Deputy Commissioner.
Sec. J-4. 34-B MRSA §1202, sub-§2, ¶B, as amended by PL 1995, c. 395, Pt. C, §2, is further amended to read:
B. If the office of the commissioner is vacant or if the commissioner is absent or disabled, the associate deputy commissioner for programs shall perform the duties and have the powers provided by law for the commissioner.
Sec. J-5.J-5. 34-B MRSA §1202, sub-§2, ¶D, as enacted by PL 1995, c. 395, Pt. C, §3, is amended to read:
D. If the offices of the commissioner and the associate deputy commissioner for programs are vacant or if both officials are absent or disabled, the associate commissioner for administration shall perform the duties and have the powers provided by law for the commissioner.
Sec. J-6. 34-B MRSA §1204, sub-§2, as amended by PL 2001, c. 194, §1, is further amended to read:
2. Appointments of deputy commissioner, associate commissioners and other employees. The commissioner's powers to appoint a deputy commissioner, associate commissioners and other employees are as follows.
A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be necessary.
B. The commissioner may appoint and set the salaries for an associate commissioner for programs a deputy commissioner, an associate commissioner for administration and an associate commissioner for systems operations to assist in carrying out the responsibilities of the department.
(1) Each appointment must be for an indeterminate term and until a successor is appointed and qualified or during the pleasure of the commissioner.
(3) To be eligible for appointment as associate commissioner for administration, a person must have training and experience in general management.
(4) To be eligible for appointment as associate commissioner for programs, a person must have training and experience in the planning and administration of human services.
(5) To be eligible for appointment as associate commissioner for systems operations, a person must have training and experience in general management or administration.
C. The commissioner shall appoint the following officials to serve at the commissioner's pleasure:
(1) Associate Commissioners;
(2) Superintendent, Augusta Mental Health Institute;
(3) Superintendent, Bangor Mental Health Institute;
(4) Superintendent, Pineland Center;
(5) Director, Mental Retardation Facility;
(6) Director, Elizabeth Levinson Center;
(7) Assistant to the Commissioner for Public Information;
(8) Assistant to the Commissioner;
(10) Regional Directors, who shall report directly to the commissioner; and
(11) Director, Office of Substance Abuse, who shall report directly to the commissioner.; and
(12) Deputy Commissioner.
D. The commissioner, with the approval of the Governor, may employ and set the salaries up to the maximum adjusted pay grade for clinical director positions. Clinical director positions are excluded from the definition of state employee under Title 26, section 979-A, subsection 6, and are not subject to the Civil Service Law. Employees in that classification hired after July 1, 1989 serve at the pleasure of the commissioner and shall must, as a condition of continued employment, maintain clinical privileges to practice medicine as determined by the respective medical staff and the superintendent of the facility.
E. Employees in the classification of clinical director may elect to retain current bargaining unit and civil service status. Employees so "grandfathered" retain salary and benefit entitlement provided for on current pay schedules and collective bargaining agreements.
Sec. J-7. 34-B MRSA §1204, sub-§3, ¶¶A and B, as amended by PL 1995, c. 560, Pt. K, §16, are further amended to read:
A. The commissioner may delegate powers and duties given under this Title to the deputy commissioner, associate commissioners and chief administrative officers of state institutions.
B. The commissioner may empower the deputy commissioner, associate commissioners and chief administrative officers of state institutions to further delegate powers and duties delegated to them by the commissioner.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
