TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER III: COMPTROLLER
PART 500 PERSONNEL RULES
SECTION 500.110 POSITION CLASSIFICATION


 

Section 500.110  Position Classification

 

a)         Classification Plan:  The Director 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.  However, the pay of an employee whose position is reduced in rank or grade by reallocation because of loss of duties or responsibilities after his/her appointment to such position, shall not be required to be lowered for a period of one year after the position reallocation.

 

b)         Allocation:  It is the responsibility of each department head to report to the Director any significant changes in the duties of every position within the department.  At the request of a department head, or at the discretion of the Director, a survey, audit, or such other investigation as may be deemed necessary by the Director shall be made to determine the proper allocation of any position to a class.  Upon written request of an employee, such investigation as may be deemed necessary by the Director shall be made to determine the proper allocation of the employee's position.  After making such survey, audit, or other investigation, the Department of Personnel shall notify the department head 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 head in which the position is located to notify the incumbent of said position of the decision of the Department of Personnel.

 

c)         Reconsideration:

 

1)         Within 30 days after receiving notice of such decision, the incumbent in such position may make a request in writing of the Director for a reconsideration of the decision.  Thereafter, the Director shall reinvestigate the duties and responsibilities of such position and related positions, if necessary, and the affected employee shall be given a reasonable opportunity to be heard.

 

2)         After such 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 last address shown in the personnel file.  The effective date of the Director's reconsidered decision shall be the date such request for reconsideration was received by the Director.

 

3)         An employee wishing to appeal the Director's reconsidered 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.

 

d)         Assignments 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 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, such employee is qualified for the position.

 

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.