(1) Definitions.
(A) As used in these rules, the following
words and terms, unless the context clearly requires otherwise, have the
meaning indicated below:
1. Allocation means
the assignment of an individual position to an appropriate class, multiple
classes, or class and band on the basis of the duties, authority, and
responsibilities of the position;
2. Appointment means the lawful hiring of an
individual by an appointing authority;
3. Certificate means a listing of eligibles
sent to agencies to be used in filling a current or anticipated vacancy at a
specific work location;
4. Class
specification means the written description of a class containing a title, a
statement of the customary duties, authority, responsibilities, and other
significant characteristics of the class, and the qualifications that are
necessary or desirable for the satisfactory performance of the duties of the
class based on the specified knowledges, skills, and abilities;
5. Classification means the systematic
analysis, evaluation, and grouping of positions, not employees, on the basis of
their duties, authorities, responsibilities, and other significant
characteristics into relatively homogeneous classes;
6. Classification plan means the plan
prepared, adopted, maintained, and administered by the Division of Personnel
and under the authority and responsibility of the Personnel Advisory Board
which sets forth, for each class of positions, a class title, class
specification, overtime, and equal employment opportunity (EEO) category
designations;
7. Classified service
means those positions in agencies which are subject to the merit system
provision contained in statute, specifically section 36.030.1(2), RSMo, and
these rules and the classification and pay provisions enumerated in statute and
these rules;
8. Covered service
means those positions in agencies subject to the classification and pay
provisions contained in statute and these rules, but which are not subject to
the merit system provisions of statute and these rules;
9. Demotion, in the general classification
plan, means a change of an employee from a position in one (1) class to a
position in another class which is assigned a lower pay range within the pay
plan. A demotion may also involve the involuntary movement of an employee from
a position in a band to a position in a range where the salary is
decreased;
10. Incumbency status
means a determination made by the Division of Personnel that an individual in
the classified service may be placed in a class by means of
reclassification;
11. Incumbent
means an individual occupying a position;
12. Law means the State Personnel
Law;
13. Merit system means those
positions covered by section 36.030.1(2), RSMo;
14. Original appointment means an appointment
of a new employee, covered under section 36.030.1(2), RSMo, to a position of a
permanent or continuing nature made in accordance with an applicable statute
and rules;
15. Pay differential
means the payment of an authorized rate(s) of pay which may exceed the range of
compensation prescribed for a class due to differing work conditions,
assignment, incumbent qualifications, or other designated factor. The
establishment and usage of these differentials are approved by the Personnel
Advisory Board;
16. Pay plan means
the plan prepared, adopted, maintained, and administered by the Division of
Personnel under the authority of the Personnel Advisory Board, as described at
section 36.140, RSMo, which sets forth
for each class of positions a pay range or bands with a minimum and a maximum
rate and intermediate rates as may be established, as well as any pay
differentials authorized by the board;
17. Personnel rules means the rules of the
Personnel Advisory Board and the Division of Personnel;
18. Position means the fundamental unit of
classification and allocation comprised of a set of current duties and
responsibilities, assigned or delegated by competent authority;
19. Position description means an official
written statement of the duties, responsibilities, supervisory relationships,
and other basic data of a position used in the position classification and
allocation process;
20. Position
management means the monitoring and control of the establishment of positions
and of the movement of incumbents in and out of positions as well as the
maintenance of current and historical information that identifies and defines
each position;
21. Position review
means an investigation of the duties and responsibilities of a position, which
may include an interview of the incumbent and his/her supervisor, to determine
the appropriateness of the position's allocation;
22. Probationary period means a period,
applicable to employees covered under section 36.030.1(2), RSMo, which is
sufficient to demonstrate the employee's ability to perform the duties of the
position;
23. Promotion, in the
general classification plan, means a change of an employee from a position in
one (1) class to a position in another class which is assigned a higher
established pay range within the pay plan. A promotion may also involve the
movement of an employee from a position in a band to a position in a range
where the salary is increased;
24.
Public notice means notice posted by the Division of Personnel and includes the
time, date, and place of the meeting and its tentative agenda and is posted at
least twenty-four (24) hours prior to the commencement of the meeting, unless
this notice is impossible or impractical;
25. Qualifications, as stated on the class
specification, means the education, experience, and/or certification or
licensure necessary for the satisfactory performance of the duties of the
class;
26. Reallocation means the
change in the allocation of an individual position on the basis of duties,
authority, and responsibilities of the position, or an official change in the
classification plan;
27.
Reclassification means a classification change of an employee in conjunction
with a position reallocation or movement within a multilevel allocated
position. For a position in the classified service, the use of reclassification
is applicable to an employee having incumbency status, as ascertained from a
position review conducted by the Division of Personnel;
28. Regular appointment means a change of
employee status given to an employee after successful completion of a
probationary period;
29.
Reinstatement means an action which returns an employee to a class in which the
employee held regular status due to an ordered reinstatement;
30. Salary adjustment means a change in
salary rate resulting from a general structure increase or a
range-repositioning change;
31.
Salary advancement means an increase in salary within the range or band
prescribed for the class established in the pay plan given in recognition of
work performance, length of service, or both; additional duties,
responsibilities, or skill; to maintain equity within and between
classifications; to effect a within-grade salary increase; or in conjunction
with a promotion, upward job reclassifi-cation, or end-of-probation
transaction, or for other reasons promoting the needs of the service;
32. Suspension means an enforced leave
without pay for disciplinary purposes or pending investigation of charges made
against an employee;
33. Temporary
appointment means an appointment to a position for a period not to exceed a
total of six (6) months in any twelve- (12-) month period;
34. Transfer, in the general classification
service, means a change of an employee from one (1) position to another
position in the same class or to another class assigned to the same established
pay range. In the broad classification bands, a within-band transfer means a
change of an employee from one (1) position to another position in the same
class or another class assigned to the same established pay band; an
out-of-band transfer means the movement of an employee from a position in a
band to a position in a range where the action does not constitute a promotion
or demotion. A transfer may involve a change of assignment or work location;
and
35. Unclassified service means
those positions in agencies subject to the merit system provisions or Uniform
Classification and Pay (UCP) provisions contained in the law and these rules,
but which may be established and filled without regard to merit selection
hiring processes or provisions governing classification and pay.
(B) Other terms are defined in
specific sections elsewhere in these rules.
(C) The definitions of section
36.020, RSMo apply to these
rules unless the context clearly requires otherwise.
(D) As used in section
36.030, RSMo, grant-in-aid
programs means those federal grant programs that require by federal statute or
regulation, as a condition of eligibility, that a department or agency of this
state that receives grants establish merit personnel systems for their
personnel engaged in administration of the grant-aided program. The term shall
also include any other federal programs for which a department or agency of
this state has agreed by contract with any agency of the federal government
prior to the effective date of this regulation to maintain standards for a
merit system of personnel administration consistent with Subpart F of 5 CFR
Part 900 and make those standards applicable to personnel involved in the
performance of the contract.