Current through Register Vol. 48, No. 38, September 20, 2024
a)
Classification Plan: The Director of Personnel shall maintain, and revise when
necessary, a uniform position classification plan for positions under the Merit
Employment Code based on the similarity of duties and responsibilities assigned
so that the same schedule of pay may be equitably applied to all positions in
the same class, under the same or substantially the same employment conditions.
It shall be the responsibility of the department directors to report to the
Director of Personnel any significant changes in the duties of every position
within their department.
b)
Allocation:
1) At the request of a
department, or at the discretion of the Director of Personnel, including when
it is evident that the duties of a position deviate from the class
specification for that title, or upon reorganization of a department, a survey
or audit, or such other investigation by the Department of Personnel shall be
made to determine the proper allocation of any position to a class. Upon
written request of an employee, a survey or audit by the Director of Personnel
shall be made to determine the proper allocation of the employee's position. If
the survey or audit does not demonstrate a substantial change in the duties and
responsibilities as determined in a previous audit or the existing job
description, a determination shall be made as to the proper allocation of the
position from a review of the record rather than an individual desk audit.
After making such survey, audit, or other investigation, the Department of
Personnel shall notify the department in which such position is located of its
decision as to the proper allocation of the position in question. It shall be
the responsibility of the Department of Personnel to give written notice to the
incumbent of said position of its decision.
2) An employee who has requested and received
the results of an audit on his/her current position may request another review
no sooner than 12 months following receipt of the prior audit result, and only
if there is a change to his/her position duties and responsibilities.
c) Reconsideration:
1) Within 30 calendar days after receiving
notice of such decision, the incumbent in such position may make a request in
writing of the Director of Personnel for a reconsideration of the decision.
Thereafter, the Director of Personnel shall reinvestigate the duties and
responsibilities of such position and related positions and the affected
employee shall be given a reasonable opportunity to be heard.
2) After such investigation, the Director of
Personnel shall render a decision in writing and it shall be served on the
employee in person or by certified mail, return receipt requested, at the last
address shown in the official personnel file. The effective date of the
Director of Personnel's reconsidered decision shall be the same as the
effective date of the original allocation decision by the Director of
Personnel.
3) An employee wishing
to appeal the Director of Personnel's decision shall serve upon the Merit
Commission notice of appeal of said reconsidered decision in writing within 15
calendar days after receipt of notice of the reconsidered decision. A copy of
the notice of appeal shall also be served upon the Director of
Personnel.
d) Assignment
to Other Classes: An employee whose position has been allocated to a class
having a higher, lower or same maximum permissible salary or rate may remain in
the position, provided, however, that the Director of Personnel shall
determine, in the case of allocation to a class having a higher maximum salary
or rate, whether, considering the nature of such change in duties, the employee
is qualified for the position. In the case of allocation to a class having a
lower maximum salary or rate, due to loss of duties or responsibilities after
appointment to such position, the pay of such employee shall not be required to
be lowered for a period of one year after the position allocation, in
accordance with the Secretary of State Pay Plan, Section 10.00(b) (on file in
the Secretary of State's Department of Personnel).
e) Revised Class Requirements: When
requirements for a class are revised and the duties and responsibilities of
positions comprising the class remain essentially unchanged, incumbents in
these positions who qualified under the previous requirements for the class
will be considered qualified.
f)
Establishment of New Classes: When positions are reclassified resulting from
the establishment of a new class, and the duties and responsibilities of such
positions remain essentially unchanged, incumbents who qualified under the
requirements of the previous class will be considered qualified for the new
class.
g) Temporary Assignment:
1) An employee may be directly assigned
(relegated) to perform the duties and responsibilities of another position in a
different classification than that to which the employee is
incumbent.
2) Temporary assignments
shall not be considered the permanent duties and responsibilities of the
employee and, therefore, shall not be considered in the proper allocation of
the incumbent's position.
3)
Additional compensation for temporary assignment of an employee to duties and
responsibilities of a higher class shall be in accordance with the applicable
provisions of the Department of Personnel Pay Plan. To be eligible for such
additional compensation, the employee must be temporarily assigned in
accordance with the operational needs of the department and may not become
effective without the written approval of the Director of Personnel and
acknowledgement by the employee.
4)
Temporary assignment of an employee shall not normally exceed 6
months.
