(a) It shall be the duty of the Office of Personnel Management to perform the following administrative responsibilities, subject to this subchapter:(1) To determine that each position of a state agency affected by this subchapter is allocated to a class having a written job description based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties;(2) To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter;(3) To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by this subchapter;(4) To establish a career path for classifications within a job series;(5) (A) To review all job descriptions, including without limitation a state agency's functional job description and functional job title, and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.(B) When necessary, the office shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.(C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.(D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;(6) To develop and implement uniform personnel policies and procedures;(7) (A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the job description but who have other job-related qualifications which might be validly substituted for the class requirements.(B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the job description without the necessity for the revision of the class requirements.(C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;(8) (A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade.(B) Unqualified appointments shall be reported by the office to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken:(i) Questionable appointments were forwarded by the office to the State Personnel Administrator for further review;(ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or(iii) Corrective action has been documented by the state agency.(C) It is the specific responsibility of each agency director and secretary of a cabinet-level department covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the job description;(9) (A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a job description has not been written.(B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;(10) To revise, as necessary, the job description of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs;(11) To administer and maintain a system for the evaluation of employee performance effectiveness;(12) To administer state training and outreach programs;(13) To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government;(14) To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council;(15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies;(16) To determine the delivery of human resources and personnel services within cabinet-level departments to ensure efficient use of taxpayer funds; and(17) (A) Notwithstanding any other provision of law to the contrary, to approve a cabinet-level department's request for the reassignment of positions to make proper adjustments to the budgets within each cabinet-level department.(B) A reassignment of positions under subdivision (a)(17)(A) of this section may be approved to redirect internal resources to meet the needs of the cabinet-level department and the services provided.(C) The secretary of the cabinet-level department shall submit a request for reassignment of positions under subdivision (a)(17)(A) of this section to the office, which shall transmit the request to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(D) The office may approve a request for a reassignment of positions under subdivision (a)(17)(A) of this section after approval by the:(i) Chief Fiscal Officer of the State; and(ii) Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(E) Upon approval by the office of a reassignment of positions that is necessary for the efficient and effective operation of the cabinet-level department, the cabinet-level department may request from the Chief Fiscal Officer of the State a transfer of positions, appropriations, line-item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the requesting cabinet-level department.(F) Upon approval by the office, the Chief Fiscal Officer of the State shall initiate the necessary documents to reflect the reassignment upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the requesting cabinet-level department.(G) The office may approve requests for the reassignment of positions on an emergency basis:(i) If the reassignment is necessary for the immediate preservation of the public peace, health, and safety; and(ii) Upon the approval of the Chief Fiscal Officer of the State and the cochairs of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the cochairs of the Joint Budget Committee. The approval by the cochairs of the Legislative Council or Joint Budget Committee shall be reported at the next meeting of the Legislative Council or Joint Budget Committee.(H) A reassignment of positions under this subdivision (a)(17) shall not exceed five percent (5%) of the cabinet-level department's total appropriation and funding authorized for the cabinet-level department.(I) A cabinet-level department shall not be approved for more than four (4) transfer requests for reassignment of positions during one (1) fiscal year.(J) (i) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-20-101 et seq.(ii) In light of subdivision (a)(17)(J)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(17).(iii) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(17). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(17) is void.
(1) To determine that each position of a state agency affected by this subchapter is allocated to a class having a written job description based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties;
(2) To assist the various state agencies in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the several state agencies affected by this subchapter, and to disallow the allocation of a position to a class that is not in conformance with this subchapter;
(3) To cooperate with any other state agency, department, board, commission, or institution that is not covered by this subchapter which may wish to voluntarily establish its positions into classifications in a like manner as provided in this subchapter for state agencies covered by this subchapter;
(4) To establish a career path for classifications within a job series;
(5) (A) To review all job descriptions, including without limitation a state agency's functional job description and functional job title, and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.(B) When necessary, the office shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.(C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.(D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;
(A) To review all job descriptions, including without limitation a state agency's functional job description and functional job title, and all classes and grades and the compensation plan affecting all state agencies covered by this subchapter and to submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.
(B) When necessary, the office shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.
(C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(D) The time period shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;
(6) To develop and implement uniform personnel policies and procedures;
(7) (A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the job description but who have other job-related qualifications which might be validly substituted for the class requirements.(B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the job description without the necessity for the revision of the class requirements.(C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;
(A) To establish a procedure to allow for the review of the qualifications of applicants whose education and experience do not meet or exceed that required by the job description but who have other job-related qualifications which might be validly substituted for the class requirements.
(B) This procedure is intended to allow state agencies to substitute job-related education and experience for the specific requirements stated on the job description without the necessity for the revision of the class requirements.
(C) The procedure shall require the final approval of the State Personnel Administrator, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;
(8) (A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade.(B) Unqualified appointments shall be reported by the office to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken:(i) Questionable appointments were forwarded by the office to the State Personnel Administrator for further review;(ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or(iii) Corrective action has been documented by the state agency.(C) It is the specific responsibility of each agency director and secretary of a cabinet-level department covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the job description;
(A) To monitor agency personnel transactions, including unqualified appointments, promotions, and reductions in grade.
(B) Unqualified appointments shall be reported by the office to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, unless one (1) of the following actions is taken:(i) Questionable appointments were forwarded by the office to the State Personnel Administrator for further review;(ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or(iii) Corrective action has been documented by the state agency.
(i) Questionable appointments were forwarded by the office to the State Personnel Administrator for further review;
(ii) Payroll actions for questionable appointments that are determined by the State Personnel Administrator to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the state agency for which the individual meets the minimum qualifications of the classification; or
(iii) Corrective action has been documented by the state agency.
(C) It is the specific responsibility of each agency director and secretary of a cabinet-level department covered by this subchapter to certify that the qualifications of persons appointed to positions within the state agency do meet or exceed the minimum education and experience requirements as stated on the job description;
(9) (A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a job description has not been written.(B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;
(A) To establish each year, upon the review of the Legislative Council, new classifications at an appropriate grade level in order to meet new or changed conditions and to report at the end of each fiscal year all class titles contained in § 21-5-208 for which a job description has not been written.
(B) Any classification established under this subdivision (a)(9) shall remain in effect for the remainder of the fiscal year during which it was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;
(10) To revise, as necessary, the job description of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties to maintain a valid relationship between the requirements and the duties and responsibilities of the jobs;
(11) To administer and maintain a system for the evaluation of employee performance effectiveness;
(12) To administer state training and outreach programs;
(13) To develop and implement, as needed, upon the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, rules to ensure a uniform system of personnel administration within state government;
(14) To review and approve both the classification and number of positions for each state agency on a biennial basis and provide a recommendation to the Legislative Council;
(15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies;
(16) To determine the delivery of human resources and personnel services within cabinet-level departments to ensure efficient use of taxpayer funds; and
(17) (A) Notwithstanding any other provision of law to the contrary, to approve a cabinet-level department's request for the reassignment of positions to make proper adjustments to the budgets within each cabinet-level department.(B) A reassignment of positions under subdivision (a)(17)(A) of this section may be approved to redirect internal resources to meet the needs of the cabinet-level department and the services provided.(C) The secretary of the cabinet-level department shall submit a request for reassignment of positions under subdivision (a)(17)(A) of this section to the office, which shall transmit the request to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(D) The office may approve a request for a reassignment of positions under subdivision (a)(17)(A) of this section after approval by the:(i) Chief Fiscal Officer of the State; and(ii) Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.(E) Upon approval by the office of a reassignment of positions that is necessary for the efficient and effective operation of the cabinet-level department, the cabinet-level department may request from the Chief Fiscal Officer of the State a transfer of positions, appropriations, line-item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the requesting cabinet-level department.(F) Upon approval by the office, the Chief Fiscal Officer of the State shall initiate the necessary documents to reflect the reassignment upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the requesting cabinet-level department.(G) The office may approve requests for the reassignment of positions on an emergency basis:(i) If the reassignment is necessary for the immediate preservation of the public peace, health, and safety; and(ii) Upon the approval of the Chief Fiscal Officer of the State and the cochairs of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the cochairs of the Joint Budget Committee. The approval by the cochairs of the Legislative Council or Joint Budget Committee shall be reported at the next meeting of the Legislative Council or Joint Budget Committee.(H) A reassignment of positions under this subdivision (a)(17) shall not exceed five percent (5%) of the cabinet-level department's total appropriation and funding authorized for the cabinet-level department.(I) A cabinet-level department shall not be approved for more than four (4) transfer requests for reassignment of positions during one (1) fiscal year.(J) (i) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-20-101 et seq.(ii) In light of subdivision (a)(17)(J)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(17).(iii) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(17). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(17) is void.
(A) Notwithstanding any other provision of law to the contrary, to approve a cabinet-level department's request for the reassignment of positions to make proper adjustments to the budgets within each cabinet-level department.
(B) A reassignment of positions under subdivision (a)(17)(A) of this section may be approved to redirect internal resources to meet the needs of the cabinet-level department and the services provided.
(C) The secretary of the cabinet-level department shall submit a request for reassignment of positions under subdivision (a)(17)(A) of this section to the office, which shall transmit the request to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.
(D) The office may approve a request for a reassignment of positions under subdivision (a)(17)(A) of this section after approval by the:(i) Chief Fiscal Officer of the State; and(ii) Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.
(i) Chief Fiscal Officer of the State; and
(ii) Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.
(E) Upon approval by the office of a reassignment of positions that is necessary for the efficient and effective operation of the cabinet-level department, the cabinet-level department may request from the Chief Fiscal Officer of the State a transfer of positions, appropriations, line-item appropriations, and funds within or between existing and newly created divisions, offices, sections, or units of the requesting cabinet-level department.
(F) Upon approval by the office, the Chief Fiscal Officer of the State shall initiate the necessary documents to reflect the reassignment upon the fiscal records of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the requesting cabinet-level department.
(G) The office may approve requests for the reassignment of positions on an emergency basis:(i) If the reassignment is necessary for the immediate preservation of the public peace, health, and safety; and(ii) Upon the approval of the Chief Fiscal Officer of the State and the cochairs of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the cochairs of the Joint Budget Committee. The approval by the cochairs of the Legislative Council or Joint Budget Committee shall be reported at the next meeting of the Legislative Council or Joint Budget Committee.
(i) If the reassignment is necessary for the immediate preservation of the public peace, health, and safety; and
(ii) Upon the approval of the Chief Fiscal Officer of the State and the cochairs of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the cochairs of the Joint Budget Committee. The approval by the cochairs of the Legislative Council or Joint Budget Committee shall be reported at the next meeting of the Legislative Council or Joint Budget Committee.
(H) A reassignment of positions under this subdivision (a)(17) shall not exceed five percent (5%) of the cabinet-level department's total appropriation and funding authorized for the cabinet-level department.
(I) A cabinet-level department shall not be approved for more than four (4) transfer requests for reassignment of positions during one (1) fiscal year.
(J) (i) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-20-101 et seq.(ii) In light of subdivision (a)(17)(J)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(17).(iii) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(17). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(17) is void.
(i) Determining the maximum number of employees and the maximum amount of appropriation of general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly and is usually accomplished by delineating the maximums in the appropriation act for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-20-101 et seq.
(ii) In light of subdivision (a)(17)(J)(i) of this section, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee or their cochairs as provided by this subdivision (a)(17).
(iii) The requirement of approval by the Legislative Council or Joint Budget Committee or their cochairs is not a severable part of this subdivision (a)(17). If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this subdivision (a)(17) is void.
(b) In order to ensure and provide for the accuracy and efficiency of this subchapter and to provide for an efficient and equitable system of personnel management, the office, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is directed to:(1) Study on a continuing basis and modify and revise when necessary the current classifications, the job descriptions, minimum requirements, and other requirements;(2) Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists;(3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and(4) Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter.
(1) Study on a continuing basis and modify and revise when necessary the current classifications, the job descriptions, minimum requirements, and other requirements;
(2) Create when necessary new classifications at an appropriate grade level that will accurately describe those positions for which no appropriate classification exists;
(3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification subject to this subchapter; and
(4) Develop and implement the policies, rules, and procedures necessary for the establishment and maintenance of this subchapter.