TO: Department and Agency Personnel/Affirmative Action Officers
FROM: James W. Sever, Director of Staffing Services
SUBJECT: Abolitions of Positions
Employees who are laid off pursuant to §80 or §80-a may ONLY be impacted as a result of the abolition of positions.
The Division of Budget's form BD-98 documents the specific items which are abolished. When the issuance and/or processing of the BD-98 has been delayed, and funds become available prior to issuance, such abolished items MAY NOT BE REFILLED. Instead, new positions MUST be classified.
A long standing (May 21, 1976) Attorney General's opinion rendered in a letter to Howard Miller, then Deputy Director of the Division of the Budget sets forth this requirement. The letter states in part:
(Personnel Officers - Please provide a copy of this memorandum to your agency finance officer.)