§ 312. Classification plan; definition
(a) The term “merit system” means the system developed to maintain an efficient career
service in State government under public rules, which, among other provisions, includes
appointment through competitive examination; nondiscrimination because of race, sex,
politics, national origin, or religion; an equitable and adequate compensation plan;
tenure, contingent on successful performance; and promotion, contingent on evaluated
capacity and service.
(b) Merit system principles are:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(2) [Repealed.]
(3) training employees, as needed, to ensure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, correcting
inadequate performance, and separating employees whose inadequate performance cannot
be corrected;
(5) assuring fair treatment of applicants and employees in all aspects of personnel administration
without regard to political affiliation, race, color, national origin, sex, or religious
creed and with proper regard for their privacy and constitutional rights as citizens;
and
(6) assuring that employees are protected against coercion for partisan political purposes
and are prohibited from using their official position for the purpose of interfering
with or affecting the result of an election or a nomination for office.
(c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever
federal requirements are applicable to programs as a condition for receipt of federal
funds or assistance, all agency secretaries, department heads, division heads, and
other State officers, with the approval of the Governor or of the person as the Governor
may designate, are authorized to take such action as is necessary to ensure that all
personnel practices in those programs are in accordance with federal laws, regulations,
and requirements. This provision shall not be construed to authorize the impairment
of the State’s obligations under any contract or agreement, or of the vested rights
and remedies of any person. (Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977; 2025, No. 18, § 9, eff. May 13, 2025.)