TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212 PERSONNEL
SECTION 212.214 POSITION CLASSIFICATION AND COMPENSATION
Section 212.214 Position Classification and Compensation
a) Position Classification
1) Organizational Structure: The organizational structure of the Office shall be as established by the Executive Director and maintained on file in the Office of Administrative Services.
2) Positions and Service: The establishment and abolition of positions and duties shall be at the discretion of the Executive Director and the Board. All employees serve at the discretion of the Board, subject to the employee rights established by this Part.
3) Classification Plan: The Director of Administrative Services shall maintain, and revise when necessary, a uniform position classification plan for positions necessary to carry out the duties of the Office. The classification plan shall be based on the similarity of duties and responsibilities assigned so that the same schedule of pay may be equitably applied to all positions within a classification, under the same or substantially the same employment conditions. Employees shall be classified by position and each position classification shall be governed by a formal, written position description approved by the Executive Director. Any change in salary or position description shall be recorded as a personnel transaction.
4) Allocation: It is the responsibility of each Director to report to the Executive Director and the Director of Administrative Services any significant changes in the duties of any position within the organizational unit. At a Director's request and upon approval by the Executive Director and the Director of Administrative Services, a survey, audit, or other investigation as may be deemed necessary by the Director shall be made to determine the proper allocation of any position to a classification. Upon written request of an employee to a Director and upon approval of the Executive Director and the Director of Administrative Services, the investigation by a Director shall be made to determine the proper allocation of the employee's position. It shall be the responsibility of the Director of the organizational unit in which the position is located to notify the employee, the Executive Director and the Director of Administrative Services of the determination concerning the proper allocation of the employee's position.
A) Within 30 days after receiving notice of the determination concerning proper allocation of a position, the employee may make a request in writing to the Director for reconsideration of the determination. Thereafter, the Director shall reinvestigate the duties and responsibilities of the position and, if necessary, of related positions. The employee shall be given a reasonable opportunity to be heard by the Director.
B) After the re-investigation, the Director 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 employee's last address shown in the personnel file and to the Executive Director and the Director of Administrative Services. The effective date of the reconsidered decision shall be the effective date of the allocation decision giving rise to the reconsideration request.
C) An employee wishing to appeal the reconsidered decision shall be entitled to a hearing by the Grievance Review Committee in accordance with the procedure established in Section 212.270 of this Part.
6) Assignments to Other Classifications: An employee whose position has been allocated to a classification having a higher, lower, or same maximum permissible salary or rate may remain in the position; provided, however, that the Executive Director shall determine, in the case of allocation to a class having a higher maximum salary or rate, whether, considering the nature of the change in duties, the employee is qualified for the position.
7) Revised Class Requirements: When requirements for a classification are revised and the duties and responsibilities of positions comprising the classification remain essentially unchanged, incumbents in these positions who qualified under previous requirements for the classification shall be considered qualified.
b) Compensation Plan
1) Establishment of Plan: The Executive Director shall establish and maintain on file in the Office of Administrative Services a Pay Plan for all employees. The Pay Plan shall designate a salary range for each position classification. The salary for any particular position shall be fixed by the Executive Director within the designated salary range and based, in his or her discretion, on the duties, responsibilities and work requirements of that position as they relate to the total duties, responsibilities and work requirements of the Office.
2) Provisions of the Pay Plan:
A) The Pay Plan shall provide for starting rates of pay, and the time and manner in which subsequent changes of salary may be made. The rate each employee is to be paid shall be set forth in appropriate documents contained within his or her personnel file. The Pay Plan may also include other provisions not inconsistent with law to assist in the administration of good personnel practices for the Office.
B) The Director or the Executive Director shall have discretion, subject to Board approval, over whether to grant pay increases for any employee within his or her organizational unit. Merit increases shall not be granted automatically for time in service.
The Board shall have complete discretion over whether to grant pay increases for Executive Employees and Directors.