TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

Chapter 98-D
INTERCHANGE OF EMPLOYEES BETWEEN BRANCHES OF STATE GOVERNMENT

Section 98-D:1

    98-D:1 Definitions. –
For the purposes of this chapter:
I. "Employee" shall mean any person employed on a permanent basis in any branch of state government, and any person who has been or will be employed on a temporary basis for a period of not less than 6 months in any branch of state government.
II. "Official" shall mean, in the case of the executive branch, the chief administrative officer of an office, department, commission, board, or institution; in the case of the legislative branch, the president of the senate, the speaker of the house, the legislative budget assistant, or the director of legislative services; in the case of the judicial branch, the chief justice of the supreme or superior court.
III. "Transferee office" shall mean the administrative unit to which an employee is temporarily transferred pursuant to this chapter.
IV. "Transferor office" shall mean the administrative unit from which an employee is temporarily transferred pursuant to this chapter.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:2

    98-D:2 Agreements. – Officials of the state government may enter into agreements with officials in other branches for the temporary transfer of employees from one branch to another. Said agreements shall be in writing and shall specify the names of employees to be temporarily transferred, the compensation and benefits which the employee will receive from the transferee office, and the duration of the transfer period, which shall in no case exceed 18 months. No agreement between officials shall be valid as to an employee unless he shall have read and signed the agreement. A copy of each agreement entered into pursuant to this section shall be retained by each signatory thereto, and a copy shall also be sent to the office of the commissioner of administrative services at least 14 days before the beginning of the transfer period.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:3

    98-D:3 Cancellation of Agreements. – Any agreement entered into pursuant to RSA 98-D:2 may be cancelled by mutual consent of the signatory officials. The office of the commissioner of administrative services shall be notified in writing by the transferor official of any cancellation.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:4

    98-D:4 Compensation of Transferred Employees. – During the period of a temporary transfer to another branch, the transferred employee: (1) if an employee of the executive or judicial branch, shall be compensated at no lower rate than that which he is receiving as an employee of the transferor office; (2) if an employee of the legislative branch, shall be compensated in the same manner as other employees of the transferee office who do similar work or who are charged with similar responsibilities. Provided, that if the transferred employee is a member of any state retirement system, the transferee office shall pay the state's portion or retirement contributions for that employee at a rate set pursuant to the provisions of said system. In no case shall a transfer period be considered an interruption of state service.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:5

    98-D:5 Supervision. – During the transfer period, the transferred employee shall be under the supervision of the official who signed the agreement in behalf of the transferee office or his subordinates. Said official and his subordinates shall have the same rights and responsibilities toward a temporarily transferred employee as they have toward other employees under their supervision.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:6

    98-D:6 Status of Transferred Employees. – A transferred employee shall for all purposes except compensation and supervision remain an employee of the transferor office.

Source. 1969, 500:18, eff. July 3, 1969.

Section 98-D:7

    98-D:7 Transfer of Intergovernmental Personnel Act Employees. – Any employee assigned 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, may be transferred between any office, department, commission, board or institution of the executive branch, or between branches, in accordance with the provisions of this section. Officials may enter agreements for such transfers, with the consent of the fiscal committee of the general court and, in cases where an official in the executive branch is a party to such agreement, with the consent of the governor and council. Such transferred employee shall for all purposes except supervision remain an employee of the transferor office.

Source. 1972, 60:79, eff. Mar. 27, 1972.