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The 192nd General Court of the Commonwealth of Massachusetts

Section 47A: Disadvantaged persons; certified work-training programs; examination; eligible lists; appointment

Section 47A. Notwithstanding the provisions of sections six and twenty-eight, an appointment to a position subject to this chapter may be made to a position in the lowest title in a series as determined by the personnel administrator; provided, however, that the appointee has successfully completed a certified work-training program for disadvantaged persons. The department of labor career services shall be responsible for certifying programs that are state-administered, federally-funded employment and training programs, except for such programs in the employment and training program administered by the department of transitional assistance which shall be certified by said department, the department of personnel administration shall be responsible for certifying inservice state agency programs; the board of regents shall be responsible for certifying two-year and four-year college training education programs, and the department of education shall be responsible for certifying secondary public schools, vocational schools and other certified education facilities that are work training programs which meet the qualifications and work specifications of the positions and prepare the trainee to perform the duties of said positions, and shall furnish a list of such programs to the personnel administrator; and provided, further that such training programs shall have been advertised to the public and made available to permanent employees of the commonwealth and its political subdivisions who meet the criteria as hereinafter established for disadvantaged persons and shall have been sponsored or conducted by, or in cooperation with, the commonwealth, a political subdivision thereof or the federal government.

Prior to appointment, persons so trained shall take an examination for the position administered by the personnel administrator. If more than one person, eligible for an appointment, satisfactorily completes such examination, the names of such disadvantaged persons shall be placed in the order of their passing grade, subject to the provisions of section twenty-six or twenty-eight, for labor service, an eligible list, hereinafter referred to as a special eligible list.

When an eligible list exists for the position for which such examination has been given, the personnel administrator shall certify names alternately from such eligible list and such special eligible list; provided, however, that persons on such list shall be grouped according to the provisions of this chapter; and, provided further, that nothing in this section shall be construed to affect other provisions of this chapter concerning promotional examinations. Names from a departmental promotional list shall be certified before names from a special eligible list.

For the purpose of this section a disadvantaged person shall be a person whose annual family net income, in relation to size and location, does not exceed low-income guidelines established by the federal government, and who is a person lacking a high school education or its equivalent or belonging to a minority group, or under twenty-one years of age or who is forty-five years of age or older, or is handicapped; provided, however, that a permanent state or municipal employee who otherwise meets the foregoing criteria shall not be barred from consideration as a disadvantaged person by reason of his receiving a salary from the commonwealth or its political subdivisions; and provided, further, that a public service employment enrollee who is unsuitably employed as defined by regulations promulgated pursuant to the comprehensive employment and training act or other similarly enacted federally sponsored training programs, shall not be barred from consideration as a disadvantaged person by reason of the amount of his salary.

The provisions of this section shall not apply to positions in the police or fire services.

The human resources division within the executive office for administration and finance shall assist in establishing training programs for disadvantaged persons to meet stated specifications of the positions referred to in this chapter.