TITLE VI
PUBLIC OFFICERS AND EMPLOYEES
Chapter 98-B
INTERCHANGE OF STATE EMPLOYEES
Section 98-B:1
98-B:1 Declaration of Policy. –
The State of New Hampshire recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting this state and that the interchange of personnel between and among governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.
Source. 1965, 231:1, eff. Aug. 30, 1965.
Section 98-B:2
98-B:2 Definitions. –
For the purposes of this chapter:
I. "Sending agency" means any department or agency of the federal government or a state or local government which sends any employee thereof to another government agency under this chapter.
II. "Receiving agency" means any department or agency of the federal government or a state or local government which receives an employee of another government under this chapter.
Source. 1965, 231:1, eff. Aug. 30, 1965.
Section 98-B:3
98-B:3 Authority to Interchange Employees. –
Any department, agency, or instrumentality of the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government or another state, as a sending or receiving agency. Except as to employees assigned under title IV of the Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as may be from time to time amended, the period of individual assignment or detail under an exchange program shall not exceed 12 months, nor shall any person be assigned or detailed for more than 12 months during any 36 month period. Details relating to any matter covered in this chapter may be the subject of an agreement between the sending and receiving agencies. Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.
Source. 1965, 231:1. 1971, 116:1, eff. May 12, 1971.
Section 98-B:3-a
98-B:3-a Authority to Compensate Employees Received Under Intergovernmental Personnel Act. –
Funds appropriated for compensation of a position which is unfilled in any department, agency or instrumentality of the state may be used as full or partial compensation of any employee assigned to it as a receiving agency under title IV of the Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as may be from time to time amended. However, no such funds may be used to compensate such an employee in a position other than the unfilled position without the consent of the fiscal committee of the general court and, in the case of a receiving agency of the executive branch, without the consent of the governor and council.
Source. 1972, 60:78, eff. Mar. 27, 1972.
Section 98-B:4
98-B:4 Status of Employees of This State. –
I. Employees of a sending agency participating in an exchange of personnel as authorized in RSA 98-B:3 may be considered during such participation to be on detail to regular work assignments of the sending agency.
II. Employees who are on detail shall be entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency.
III. Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the sending agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which he is entitled to and elects to receive similar benefits under the receiving agency's employee compensation program.
Source. 1965, 231:1, eff. Aug. 30, 1965.
Section 98-B:5
98-B:5 Travel Expenses of Employees of This State. –
A sending agency in this state may, in accordance with the travel regulations of such agency, pay the travel expenses of employees assigned to a receiving agency on either a detail or leave basis, but shall not pay the travel expenses of such employees incurred in connection with their work assignments at the receiving agency. If the assignment or detail will be for a period of time exceeding 8 months, travel expenses may include expenses of transportation of immediate family, household goods, and personal effects to and from the location of the receiving agency. If the period of assignment is less than 8 months, the sending agency may pay a per diem allowance to the employee on assignment or detail.
Source. 1965, 231:1, eff. Aug. 30, 1965.
Section 98-B:6
98-B:6 Status of Employees of Other Governments. –
I. When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this act may be considered to be on detail to the receiving agency.
II. Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency. Such person shall not be in the classified service of the state.
III. Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, except as provided in paragraph IV of this section, nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
IV. Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of the receiving agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which he elects to receive similar benefits as an employee under the sending agency's employee compensation program.
V. The provisions of paragraphs I through IV of this section shall not apply to any employee assigned to or from the federal government under the terms of title IV of the Intergovernmental Personnel Act of 1970, 5 U.S.C. sections 3371-3376 as may be from time to time amended. The assignment of such an employee shall be governed by the terms of the intergovernmental personnel assignment agreement under which the employee is assigned.
Source. 1965, 231:1. 1971, 116:2, eff. May 2, 1971.
Section 98-B:7
98-B:7 Travel Expenses of Employees of Other Governments. –
A receiving agency in this state, may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this chapter during the period of such assignments on the same basis as if they were regular employees of the receiving agency.
Source. 1965, 231:1, eff. Aug. 30, 1965.
Section 98-B:8
98-B:8 Administration. –
The director of personnel is hereby directed to explore means of implementing this chapter and to assist departments, agencies, and instrumentalities of the state and its political subdivisions in participating in employee interchange programs.
Source. 1965, 231:1, eff. Aug. 30, 1965.