New Hampshire § 126-A-9 - Section 126-A:9 Positions Established; Staffing.

§ 126-A-9. Section 126-A:9 Positions Established; Staffing.

I. There shall be established within the department the following unclassified positions. (a) Subject to the approval of the governor and council, the commissioner of health and human services shall appoint a deputy commissioner and 3 associate commissioners, each of whom shall serve for a term of 4 years and shall perform such duties as may be assigned by the commissioner. Each appointee shall be qualified by reason of professional competence, education, and experience for his or her position. Any vacancy shall be filled for the unexpired portion of the 4-year term in the same manner as the original appointment. The duties of one of the associate commissioners shall include oversight of the division for children, youth and families and assigned responsibilities of the department under RSA 170-G. The annual salary of the deputy commissioner and associate commissioners shall be as prescribed in RSA 94:1-a. (b) [Repealed.] (c) [Repealed.] II. (a) [Repealed.] (b) The commissioner shall appoint a person to each unclassified position authorized by the legislature. Any vacant position not established under paragraph I shall be filled in the same manner as the original appointment. The annual salary of such unclassified employees shall be as prescribed in RSA 94:1-a and RSA 94:3-b, II. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph. (c) Each person appointed under subparagraph (b) shall serve subject to the following provisions: (1) The commissioner, at any time, upon written notice to the employee, may terminate the appointee from the position for either: (A) Good cause, which shall include, but not be limited to malfeasance, misfeasance, or insubordination; or (B) The abolition of a position because of a change in organization, lack of work, unappropriated or insufficient funds, or like reasons. (2) Within 10 days after receipt of the notice of the termination, the appointee may appeal the termination in writing to the commissioner. (3) Within 20 days of receiving the notice of appeal, the commissioner shall conduct a hearing in accordance with RSA 126-A:5, VIII. (4) Within 10 days after completion of the hearing process, the commissioner shall render a written decision. If the termination is reversed, the employee shall be reinstated to the same position and all pay and benefits lost during the time of the appeals process shall be restored to the appointee. (d) Any positions that were established under this section and subsequently transferred to the department of information technology and become vacant may be filled by the commissioner of the department of information technology in the same manner as prescribed for the commissioner.