(3)
Compensation Structure. The director will recommend to the board establishment
and adoption of pay bands as considered necessary and equitable in order to
group and maintain positions with similar levels of responsibility or
expertise. The provisions of
1 CSR
20-2.020 are applicable in the preparation, adoption,
maintenance, and administration of the pay plan for broad classification bands,
except as specifically outlined in this section or necessary for
implementation.
(A) Administration. The
implementation and ongoing administration of pay within the broad
classification bands shall be conducted in a manner which promotes equitable
pay relationships and the efficient and effective practice of personnel
administration. When the meaning and purpose of a rule is not otherwise
affected, the term band may replace range. The pay plan for the broadbanded
system shall be administered in accordance with
1 CSR
20-2.020 and the following provisions:
1. Appointment rate. The initial appointment
rate to a position in a broad classification band is at the discretion of the
appointing authority. In making these determinations, consideration should be
given to the individual's qualifications, permanent position-related factors,
such as working conditions or physical location of work, and/or recruitment or
staffing needs;
2. Salary
advancements. Salary advancements within the band occupied by an employee are
of three (3) types: probationary salary advancements, specific salary
advancements authorized during a fiscal year, and discretionary salary
advancements, administered in accordance with the following provisions:
A. A probationary salary advancement is
permitted for an employee covered under section 36.030.1(2), RSMo, upon
successful completion of the probationary period. An appointing authority may
grant a salary advancement following successful completion of a probationary
period in a band or after an appropriate period of time following upward
reclassification;
B. Within-grade,
market progression, or other specific salary advancements within the pay bands,
which are only authorized during a fiscal year when specific funding has been
appropriated, will be implemented in accordance with guidelines and
instructions issued by the board;
C. Discretionary salary advancements may be
granted by an appointing authority as warranted by the needs of the service;
and
D. In the broadbanded service,
a conditional salary advancement is a discretionary within-band advancement
associated with the assignment of higher level duties or responsibilities of a
permanent nature. At the discretion of the appointing authority, and without
appeal to the Administrative Hearing Commission, such higher level duties and
responsibilities and the associated conditional salary advancement may be
withdrawn as specified by the appointing authority. When a conditional salary
advancement is established, the appointing authority will provide the affected
employee with written notice describing the conditions under which the
advancement is given and the conditions under which it can be
withdrawn.
(B) Within-Band Salary Decreases. Salary
reductions within the band may be made for any amount by the appointing
authority. Reasons for such decreases include: changes in duties or
organization which do not adversely reflect on the employee; within-band
movement to a position of lesser value; a permanent and substantial decline in
the scope or complexity of assignment; or an involuntary within-band transfer
for cause such as inadequate performance or misconduct as provided for in
1 CSR
20-3.070(2). An involuntary salary
decrease within the band, when applied to the salary of a classified employee
covered under section 36.030.1(2), RSMo, other than one (1) associated with a
conditional salary advancement, shall be treated as a demotion and may be
appealed by the affected employee in accordance with statute and these
rules.
(C) Pay Rates in Transfer,
Promotion, Reclassification, or Demotion. If an employee is transferred,
promoted, reclassified, or demoted, the rate of pay, giving consideration to
equity, shall be as follows:
1. An employee's
rate of pay must fall within the minimum and maximum of their assigned pay
band, except as provided for in paragraph (3)(C)3. of this rule;
2. An employee's rate of pay within the
appropriate band will depend on the type of personnel transaction. Consistent
application of formulas or guidelines by appointing authorities in cases of
promotions, reclassifications, and demotions will promote equitable treatment
of employees affected by these actions.
A. In
the case of within-band transfer, which involves 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 and which may involve a change of
assignment or work location, the salary rate shall be determined by the
appointing authority.
B. In the
case of promotion or upward reclassification, which involves a change of an
employee from a position in one (1) band to a position in a higher band, the
salary rate may be increased, or, at the discretion of the appointing
authority, may stay the same.
C. In
the case of voluntary demotion, demotion for cause, or downward
reclassification, which involves movement from one (1) band to a lower band,
the salary rate will be at the discretion of the appointing
authority.
D. In the case of an
out-of-band transfer, which involves movement from a pay band to a pay range,
the employee may accept a voluntary reduction in salary. For employees covered
under section 36.030.1(2), RSMo, an involuntary salary reduction is considered
a demotion and may be appealed by the affected employee in accordance with
statute and these rules; and
3. If an employee's previous rate of pay is
more than the maximum rate established for the pay band to which the position
is assigned, the employee's rate of pay may be approved in accordance with the
following provisions:
A. When a department,
division, work unit, class of employees, or other entity of state government is
initially made subject to the classification provisions of the State Personnel
Law, the Personnel Advisory Board may approve salary rates above the
established maximum rates for the affected employees. In each case where an
above-the-maximum rate has been authorized by the Personnel Advisory Board, the
rate of pay will be clearly recorded as an above-the-maximum rate, and the
affected employee will not be eligible for any additional type or amount of
salary adjustment or advancement until the rate of pay falls within the pay
band to which the position is assigned;
B. When a position is reallocated to a lower
pay band or to a pay range, the appointing authority, with approval of the
personnel director, may elect to establish an above-the-maximum rate. If the
appointing authority elects to establish an above-the-maximum rate, the rate of
pay will be clearly recorded as an above-the-maximum rate, and the affected
employee will not be eligible for any additional type or amount of salary
adjustment or advancement until that time as his/her rate of pay shall fall
within the pay band or pay range to which the position is assigned;
and
C. An above-the-maximum rate
established under subpara-graphs (3)(C)3.A. and B. will continue while the
employee remains in the same or higher pay band in the same department and is
above-the-maximum rate for the assigned band. The payment of a differential
authorized by the Personnel Advisory Board will be allowed where applicable,
and the salary of an affected employee who enters or exits a position covered
by this differential will be adjusted in a manner consistent with agency policy
and practice. When an employee receiving an above-the-maximum rate of pay
transfers to a position in the same class and pay band in another department
covered by the classification and pay provisions of the State Personnel Law,
the appointing authority of the receiving agency shall have the discretion to
continue the authorized above-the-maxi-mum rate, to establish a different, but
lower rate of pay which exceeds the established maximum of the appropriate pay
band, or to reduce it to a rate within the pay band for the position. Once the
pay band can accommodate the rate of pay, the above-the-maximum rate will be
void and the employee's compensation will be subject to the provisions
contained elsewhere in the rules.
