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 Rule 7: Classification Minimize

 Rule 7:  CLASSIFICATION

 Purpose Statement

  • The temporary assignment of higher level duties to a demoted employee during the transition after a lay-off does not require higher level pay.  In re Jackson, CSA 103-04, 4 (6/13/05) (decided under former §§ 9-10 and 7-13).

 7-20:  Classification and Pay Plan

  • A position is classified by its essential job duties, but the assignments given to each position are controlled by the supervisor.  In re Jackson, CSA 103-04, 4 (6/13/05).
    Once allocated to a class, only permanent changes to essential duties that comprise a majority of work time and are most important to the position will justify reallocation and a resulting change in pay.  In re Jackson, CSA 103-04, 4 (6/13/05) (decided under former § 7-13).
  • The essential duties of a position are those used by the CSA to allocate each job to a classification and pay plan.  In re Romberger, CSA 89-04, 6 (3/2/05) (decided under former § 7-12).
  • “Knowledge, skills, ability and expertise” necessary to be entitled to a demotional appointment after lay-off are the characteristics or qualifications that allow an employee to succeed in performing a job’s essential duties.  In re Romberger, CSA 89-04, 6 (3/2/05) (decided under former § 7-12).
  • CSA approval is not needed to implement changes to a PEP.  In contrast, the job specification establishing the classification and pay to be assigned a job title must be adopted by the Career Service Board.  In re Leal-McIntyre, CSA 77-03, 134-03 and 167-03, 4 (1/27/05).  

 7-31:    Establishment of Positions and Assignment of Duties

  • The temporary assignment of higher level duties to a demoted employee during the  transition after a lay-off does not require higher level pay.  In re Jackson, CSA 103-04, 4 (6/13/05) (decided under former §§ 9-10 and 7-13).

7-34:  Audits

  • The Career Service Rules do not grant an employee the right to suspend performance of a challenged assignment until the completion of an audit.  In re Leal-McIntyre, CSA 77-03, 134-03 and 167-03, 8 (1/27/05) (decided under former § 7-22).

 7-37:  Effective dates

  •  PEPs do not require approval from the CSA before they are effective.  In contrast, changes to a classification and pay plan are not effective until approved by the Career Service Board.  In re Leal-McIntyre, CSA 77-03, 134-03 and 167-03, 13 (1/27/05) (decided under former § 7-98).

 7-40:  Requests for administrative review

  • Reclassification is subject to administrative review upon timely request of agency appointing authority.In re Sullivan, CSA 44-08 (6/13/08).
    Reclassification was not an involuntary demotion with attendant loss of pay where it was not initiated through discipline, disqualification, or in lieu of separation during a probationary period.  In re Sullivan, CSA 44-08 (6/13/08).
  • The hearing office has no jurisdiction over a reclassification, the sole remedy for which is contained in CSR § 7-40.  In re Sullivan, CSA 44-08 (6/13/08).
    Administrative review of a classification decision allows an agency to obtain review by the Personnel Director of a classification decision that does not meet its personnel needs.  In re Connors, CSA 35-06, 2 (Order 8/9/06).
  • Personnel Director does not have authority to waive a mandatory educational qualification for an individual applicant.  In re Connors, CSA 35-06, 2 (Order 8/9/06), citing In re Bourgeron, CSA 92-03, 102-03, 113-03 (3/8/04).          

 

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