SPD: Merit & Non-Merit Rules

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Merit and Non-Merit Rules

Merit and Non-Merit Agencies

History of Merit and Non-Merit Agencies

States were first required to adopt merit personnel systems as a condition of receiving federal funding for public welfare and the free employment service, as part of the "New Deal" solution to the great economic depression. Indiana's State Personnel Act (IC 4-15-2) specifies which agencies are included in the state merit service. Agencies the legislature has included in the jurisdiction of the State Personnel Department, but excluded from the State Personnel Act, are referred to as "non-merit".

The main differences between merit and non-merit employment are: merit employees must be selected from eligible lists, serve a working test period, and they may obtain "permanent" status. Achieving such status guarantees the employees retention scoring during a layoff situation and complaint rights through the State Employees' Appeals Commission. Below are lists of merit and non-merit agencies. Agencies not listed, are in the Legislative Department, Judicial Department, are separate bodies corporate and politic ("quasi'), or under a separately elected State official.

Merit agencies

Board of Animal Health
Civil Rights Commission
Commission on Public Records
Criminal Justice Institute
Department of Child Services
Department of Correction
Department of Homeland Security
Department of Labor
Department of Workforce Development
Education Employment Relations Board
Family and Social Services Administration
Governor's Planning Council for People with Disabilities
Indiana Department of Environmental Management
Indiana State Department of Agriculture
Indiana Historical Bureau
Indiana Horse Racing Commission
Indiana Protection and Advocacy Services Commission
Indiana School for the Blind and Visually Impaired
Indiana School for the Deaf
Indiana State Department of Health
Indiana State Library
Office of Environmental Adjudication
State Personnel Department

Non-Merit Agencies

Alcohol and Tobacco Commission
Arts Commission
Bureau of Motor Vehicles
Department of Administration
Department of Financial Institutions
Department of Insurance
Department of Natural Resources
Department of Revenue
Department of Transportation
Department of Veterans' Affairs
Indiana Board of Tax Review
Indiana Gaming Commission
Indiana Law Enforcement Academy
Indiana Office of Technology
Indiana Professional Licensing Agency
Indiana State Board of Accounts
Inspector General
Office of Faith Based and Community Initiatives
Office of Management and Budget
Office of the Utility Consumer Counselor
State Ethics Commission
State Budget Agency
The Military Department
Utility Regulatory Commission
War Memorial Commission
Workers' Compensation Board of Indiana

How to File a Merit Complaint

Any employee in a merit position who has obtained permanent status in the classified service may file a merit complaint.

Go to your agency’s human resource office or State Personnel – Employee Relations Division to obtain a form or download the form from this site. Specific instructions on filing a merit complaint may be found on the merit complaint form, available for download and printing.

An employee has 30 calendar days from the date an incident occurs to file a merit complaint. The complaint is initiated by a meeting with the employee’s immediate supervisor unless the complaint concerns a suspension, dismissal, lay-off or demotion. If the complaint concerns a suspension, dismissal, lay-off or demotion, the employee may proceed directly to the Appointing Authority (Step III).

A fellow employee may accompany the complaining employee during steps one through three.

Merit Employee Complaint Form

Non-merit Complaint Procedure

SEAC Non-merit Fact Sheet

Executive Order 05-14