- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 25. State Personnel Act
- Section 195. Appointment of Nonpermanent Employees.
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. [Renumbered as AS 39.25.910
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. Local Hiring Exception.
AS 39.25.195. Appointment of Nonpermanent Employees.
- (a) An individual may not be appointed as a nonpermanent employee in the state service without prior written approval of
the director except as an emergency employee.
- (b) An appointment to state service, except an emergency appointment, shall be made from the list of applicants qualified
for the position unless, in appropriate circumstances, the director has waived this requirement.
- (c) An appointment of a nonpermanent employee may not be made unless the request for authorization is approved by the
director, adequate money is available for the anticipated duration of the appointment, and the director determines that
the hiring department or agency has certified that
- (1) the legislature has appropriated money for the work in question knowing that it is to be performed by a nonpermanent
- (2) there is an immediate need to fill an authorized, permanent position and it is impractical either to establish or
recruit for the position within a reasonable time;
- (3) an immediate need exists and the director determines that the hiring department or agency could not reasonably have
been expected to anticipate and meet that need through the creation of a permanent position; or
- (4) a program or project exists and the director determines that the need for employees can most appropriately be met
through the use of program or project employees.
- (d) The director may not authorize the appointment of a nonpermanent employee if the director determines that
- (1) the need for the nonpermanent employee can practicably be met through establishing and filling an authorized permanent
- (2) the need for the nonpermanent employee would be more appropriately met through an emergency appointment; or
- (3) the need for the nonpermanent employee is not immediate and could reasonably have been anticipated and met by the
appointing authority through the creation and filling of a permanent position.
- (e) A nonpermanent employee may not be placed on the state payroll unless the director has first approved the personnel
action for the employee's appointment.
- (f) This section does not prevent the director from adopting regulations to provide for timely substitution for permanent
employees on medical or personal leave or other situations in which the appointment of an emergency or permanent
employee would be inappropriate or when delay in making a temporary replacement would cause serious disruption.
- (g) A department or agency may not use nonpermanent employees to perform a given work assignment for more than 120
calendar days in a 12-month period. A department or agency may not employ any individual as a nonpermanent employee
for more than 120 calendar days in a 12-month period. In appropriate circumstances the director may authorize an
extension of the limit imposed by this subsection if the director finds that there is an immediate need for the
extension. The limit imposed by this subsection does not apply to program or project employees or to substitutes
appointed under (f) of this section.
- (h) A hiring department or agency shall certify to the director within 15 working days following the appointment its
reasons for appointing an emergency employee.
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