Chapter 717 an act relative to the employment of data processing professionals by the commonwealth




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CHAPTER 717

AN ACT RELATIVE TO THE EMPLOYMENT OF
DATA PROCESSING PROFESSIONALS
BY THE COMMONWEALTH

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately encourage the employment of data processing professionals in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:
SECTION 1. Paragraph (9) of section 45 of chapter 30 of the General Laws, as most recently amended by section 72 of chapter 699 of the acts of 1981, is hereby further amended by inserting after the definition of "Position reallocation" the following definition:

"Professional data processing positions," classes of positions the duties of which require the incumbent thereof to have obtained through advanced technical training and education knowledge of the design, internal functions and characteristics of computers and computer software in order that he can perform the data processing functions necessary for implementation of any data processing automation plans or classes of positions the duties of which require the incumbent thereof to have obtained through advanced technical training and education the ability to enhance, modify, or add to the functions of computer operating systems.


SECTION 2. Section 46 of said chapter 30 is hereby amended by inserting after paragraph (5A) the following paragraph:

(5B) The said administrator shall, with the approval of the commissioner of administration, designate certain classes of non-managerial positions as professional data processing positions, as defined in paragraph (9) of section forty-five, and he shall submit, in writing, to the budget director and the house and senate committees on ways and means a list of classes so designated. Appointments to such positions shall not be subject to the provisions of section nine A, section forty-five, and chapter thirty-one. The salaries of such positions shall be determined annually by the commissioner of administration on or before June first after recommendation by the personnel administrator, who shall make such recommendation annually on or before May first after having conducted an analysis of salaries for the same or similar types of positions paid by other governments and by private employers with which the commonwealth competes in securing qualified applicants for such positions. Any person transferred or promoted to any such position from a position in which he had rights or tenure under section nine A, chapter thirty-one, or any other general or special law, shall, upon termination of his services in such professional data processing position, if he so requests, be restored to the position from which he was transferred or promoted, or to a position equivalent thereto in salary grade in the same agency, without impairment of his tenure, seniority, retirement and other rights to which uninterrupted service in such position would have entitled him; provided, however, that if his service in such professional data processing position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with -the standards applied by the said commission in administering chapter thirty-one.


SECTION 3. The commissioner of administration shall establish a training program for employees of the commonwealth for the purposes of training employees to obtain knowledge of the design, internal functions and characteristics of computers and computer software, so that such employees may qualify for a professional data processing position, as defined in paragraph (9) of section forty-five of chapter thirty of the General Laws.
SECTION 4. The commissioner of administration shall seek to obtain the voluntary assistance of computer and high technology firms located in the commonwealth to assist in establishing, organizing, and funding of said training program described in section three of this act.
APPROVED JANUARY 10, 1984


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