§ 6. Reclassification of Positions and Incumbents.

Each appointing authority is responsible for maintaining the integrity of the classification plan by assigning employees duties which are appropriate for their class in accordance with these rules and the applicable class specification. No supervisor may knowingly assign substantial higher level duties except for a temporary promotion or temporary transfer situation.

When the duties and responsibilities of existing positions are changed outside of the current classification, the appointing authority or principal executive officer shall report such fact to the Commission within 60 days of such changes, and transmit to the Commission a full statement of the circumstances, a description of the duties and applicable conditions of employment, if any; copies of such notices shall be provided for the affected employee(s). Requests for audits of positions may be initiated by the Commission, the Civil Service Secretary, an appointing authority or principal executive officer, or an employee working in the position.

The Commission staff shall, after investigation and review of job duties, work samples and/or any other appropriate documents or evidence, allocate or reallocate every position to the appropriate class. The appointing authority, principal executive officers and employees concerned shall have the opportunity to comment to Commission on the reclassification study report prior to Commission's approval.

I.

When a position is reclassified to a higher or different classification, several resolutions are available:

A.

The agency may request a certified eligible list for the higher classification, and if the incumbent falls within appointing range, the incumbent will be promoted into the higher position. If the position is to be filled through promotion by means other than a promotional list as approved by Commission, and the incumbent is deemed eligible for the promotion, the incumbent will be promoted into the higher position.

B.

If the incumbent is promoted from an existing list, the promotion shall be effective the beginning of the pay period in which the study is approved by Commission. If the incumbent is promoted after a list is created, or by any other method approved by Commission, the promotion shall be effective following normal rules of promotion.

C.

Incumbents holding permanent status in a position reclassified to a different classification with the same top pay step, as approved by the Commission, may be reclassified to the different classification if they meet the qualifications and all rules for transfers are followed.

D.

If the agency determines not to fill the position at the classification approved by Commission, management may remove from the employee the higher level and/or non-conforming duties as identified as a result of the class study and ensure that the employee's assigned duties are within the employee's classification.

E.

If the agency determines to fill the position at the classification approved by Commission and an incumbent is not eligible for the higher level classification, the employee shall be reassigned to a position in his proper classification. If such a position is not available, see Section C above.

II.

When a position is reclassified to a classification having a lower salary range two resolutions are available:

A.

Incumbents holding permanent status in a position reclassified to a classification having a lower salary range may be reassigned to a vacant position in their current classification.

B.

If the agency determines not to fill the position at the classification approved by Commission, management may add appropriate duties in order to ensure that the employee's assigned duties are within the employee's classification. These new job assignments must be approved by Commission.