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Table Of Contents
5. Classification Plan
6. Pay Plan
10. Eligible Lists
13. ( abolished )
20. Vacation Leave
21. Sick Leave
28. Labor Relations
5. CLASSIFICATION PLAN
5.02 - CLASS SPECIFICATIONS. Each of the class specifications in the Classification Plan shall include the class title, a description of the duties and responsibilities of the work and a statement of the qualifications a person should possess to enable him to enter upon the duties of a position of the class with reasonable prospects of success. The specifications of the classes of positions in the Classification Plan and their various parts shall have the following force and effect:
5.021 - DESCRIPTIVE BUT NOT RESTRICTIVE. The specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions that are allocated to the several classes, as determined by their duties and responsibilities, and shall not be construed as declaring to any extent, or in any way, what the duties or responsibilities of any position shall be, or as limiting or in any way modifying the power of any appointing authority to assign, direct, and control the work of employees under his supervision. The use of a particular expression or illustration as to duties shall not be held to exclude others not mentioned that are of similar kind or quality.
5.022 - USE IN ALLOCATING POSITIONS. In determining the class to which any position should be allocated the specification of each class shall be considered as a whole. Consideration shall be given to the general duties, specific tasks, responsibilities, minimum qualification requirements and relationship to other classes as together affording a picture of the kind of employment that the class is intended to embrace. The specification shall not be construed to indicate that all of the duties so enumerated shall be requisite to allocation of a position to the class concerned.
5.023 - IMPLIED QUALIFICATIONS. Qualifications commonly required of all incumbents of positions of different classes, such as ability to perform the essential functions of the position, honesty, sobriety, and industry, shall be deemed to be implied as qualification requirements for entrance to each class, even though they may not be specifically mentioned in the specifications.
5.024 - USE IN EXAMINATIONS. The class specifications for any civil service position shall constitute the basis and source of authority for the examination content for the class and for the eligibility determination of applicants.
5.025 - CAREER PROGRESSION CLASS. A Career Progression class is a class that encompasses positions performing at different levels of responsibility within a single job class. Positions range from entry level to full performance level and from entry level to advanced performance level. Employees will be appointed to positions in career progression classes from an eligible list for the career progression class, or from an appropriate, related eligible list. Employees appointed to positions in the entry to full performance level in a career progression class will advance through the steps in the pay range in accordance with the provisions of Regulation 6.099. Employees permanently allocated to positions in a career progression class may be eligible for accelerated advancement through the pay range in accordance with the provisions of Regulation 6.099.
A Career Progression class that includes positions from an entry level to a full performance level will be designated as an A level class. A Career Progression class that includes positions from an entry level to an advanced performance level will be designated as an AB level class.
5.03 - CLASS TITLES, USE OF. The title of each class shall be the official title of every position allocated to the class, and shall be used for administrative purposes such as payrolls, budget estimates and personnel forms, provided that any abbreviation or code approved by the Director and the Director of Finance may be used to designate the class for such purposes and on such forms. Any other title satisfactory to the appointing authority may be used as a working title, in official correspondence, and in any other connection not having to do with the personnel processes covered by the Charter or these Regulations.
5.04 - ALLOCATION OF POSITIONS. Each position in the Civil Service shall be allocated to one of the classes in the Classification Plan. When a new position is to be established or a vacant position is to be filled the appointing authority shall notify the Director in writing. The Director shall then allocate the position to its appropriate class.
When a position is established which has not been allocated to one of the classes within the Classification Plan, the appointing authority shall notify the Director, who shall allocate the new position to its appropriate class. After the Director makes an allocation, he shall notify, in writing, the appointing authority affected by that allocation. The allocation shall become immediately effective, but the appointing authority may, within ten (10) days, file with the Director an application for reconsideration, together with any written evidence, statements or exhibits which that appointing authority may desire considered by him. The Director shall act upon that application and notify the appointing authority of his final action.
5.05 - EFFECT OF CLASSIFICATION ON PAYMENT OF SALARIES. After the effective date of the Classification Plan provided for in this Regulation:
5.051 - POSITION IN EXISTING CLASS. No person shall be employed or paid in any position in the Civil Service until the class of such position has been determined by the Director.
5.052 - POSITION IN ALLOCATED CLASS. No person shall be appointed, employed or paid in any position in the Civil Service under any title other than that of a class to which the position he occupies is allocated.
5.06 - MAINTENANCE OF CLASSIFICATION PLAN.
5.061 - CLASS DEFINED. The Classification Plan shall be so maintained that all positions substantially similar with respect to the kind, difficulty, and responsibility of work are included in the same class, that the same means of recruitment may be used for filling all positions within a class, and that the same pay range may be applied with equity to all positions in a class.
5.062 - REVISION OF CLASSIFICATION PLAN. Whenever any change in departmental organization, creation of a new position, or change in duties or responsibilities of a specific position makes the revision of the Classification Plan necessary, the Director shall recommend the necessary revisions to the Commission. The Commission shall consider the proposed changes at a public meeting and they shall become effective upon approval by the Commission and the Administrative Board, according to the procedure set forth in subsection 5.077. The Director shall give advance notice of such public meetings of the Commission. Such advance notice shall indicate the nature of the recommended changes in the Classification Plan and shall be sent to all appointing authorities who would be affected by such proposed changes.
5.07 - AMENDMENT OF CLASSIFICATION PLAN. Any person who believes that the Classification Plan requires amendment may appeal to the Director and the Commission. The procedure for such appeals shall be as follows:
5.071 - A written appeal shall be prepared in duplicate on forms provided by the Director.
5.072 - The appeal shall set forth the changes requested in the Classification Plan together with specific reasons in support thereof.
5.073 - The appellant shall file the original of the appeal with the Director and, if an employee, the copy with the head of department, office, board or commission with which he is employed.
5.074 - The Director shall review all such appeals and shall schedule such appeals for hearing before the Commission. Appointing authorities and the appellants affected by the appeal will be notified of such hearings by the Director.
5.075 - The Director shall make recommendations for or against the proposed changes in the Classification Plan.
5.076 - The Director shall notify in writing the appellant and departments concerned of the final disposition of the appeal.
5.077 - If the Commission approves an amendment to the Classification Plan, the Director shall submit the amendment to the Managing Director and the Director of Finance. If the Managing Director and the Director of Finance approve the amendment, the amendment shall be deemed approved as of the date of the last of these approvals. If the Managing Director or Director of Finance do not approve the amendment, by the date of the Administrative Board meeting following the submission of the amendment, the amendment shall be considered by the Administrative Board at such meeting and approved or disapproved by the Board.
5.08 - REALLOCATION OF POSITIONS. Whenever a position appears to be improperly allocated because of changes in departmental organization, in the duties or responsibilities, or for some other reason, the Director shall, upon his own initiative, or upon the written request of any interested party, investigate the duties and responsibilities of the affected position.
Following that investigation he/she may reallocate it to an appropriate class.
5.081 - ALLOCATION APPEALS.
5.0811 - Employee and Appointing Authority Appeal Procedure. If an employee believes his/her position has been improperly allocated or if an appointing authority believes a position to which he or she is authorized to appoint has been improperly allocated, he/she may appeal to the Director to have the position reallocated. The procedure for such appeals shall be as follows:
5.08111 - A written appeal shall be prepared in duplicate on forms provided by the Director.
5.08112 - The appeal shall set forth the reasons therefor.
5.08113 - The employee shall file the original of the appeal with the Director and the copy with the head of department, office, board, or commission with which he/she is employed. The appointing authority shall file the original of the appeal with the Director and also send a copy of the appeal to each employee affected.
5.08114 - The Director shall consider all such appeals and shall provide reasonable opportunity for each appellant and the appointing authority to be heard.
5.08115 - The Director shall notify, in writing, the appellant, his or her representative and the appointing authority of his/her decision, which shall be final.
5.0812 - Retroactive or Effective Date. Any decision of the Director which allocates a position of an employee to a different class in the Classification Plan, shall be retroactive to the date of the adoption of the Classification Plan, provided that the appeal was filed with the Director within thirty (30) days of the adoption of such plan. Where the appeal was filed subsequent to thirty (30) days after the adoption of such plan, the decision of the Director shall be effective not earlier than the date the appeal was filed nor later than the date of the decision, as he shall determine.
5.082 - REALLOCATION REVIEW. An employee, his/her representative or appointing authority, affected by a reallocation or denial of a request for reallocation, shall have the right to make an application for reconsideration within thirty (30) days of notification by the Director of his/her decision. The procedure set forth in Section 5.081 of this Regulation shall apply to such application. The Director shall notify, in writing, the appelant, his/her representative and the appointing authority of his or her decision, which shall be final.
Any reallocation granted by the Director upon reconsideration shall become effective retroactive to the date that the Director shall determine but not earlier than the date of the reallocation request.
5.09 - EFFECT OF REALLOCATION OF POSITIONS. A reallocated position shall be considered the same as a vacant position and shall be filled by the appointing authority in accordance with the provisions governing appointment, promotion, demotion or transfer of employees.
5.091 - EMPLOYEE STATUS FOLLOWING REALLOCATION OF POSITION. An employee whose position is reallocated shall continue his status in the former class but shall be ineligible to continue in the position in the new class unless he is appointed to that position in accordance with applicable Regulations governing appointments, transfers, demotions and promotions.
5.092 - REALLOCATION DUE TO TECHNOLOGICAL CHANGES IN POSITIONS FILLED BY PERMANENT EMPLOYEES. Where the addition of new and more complex equipment has resulted in an increase in the breadth of duties and responsibilities or skills of a class of positions and the Director deems a division of such class by way of a reclassification of existing positions therein necessary, the incumbents of positions affected shall have an opportunity to obtain status in their respective positions by
5.10 - EFFECT OF CONSOLIDATION OF CLASSES ON CIVIL SERVICE STATUS OF EMPLOYEES. When the class of position of an employee with permanent or probationary Civil Service status is consolidated with another class, which action results in the abolishment of the former class and the consolidated class having substantially the same requirements, duties and responsibilities as the former class, the employee shall continue to have the same status in the consolidated class as he had in the former class.
5.12 - CHANGE OF POSITION. Whenever it shall appear to the Director that any employee in the Civil Service is filling a position other than that for which he has been examined and certified, or is performing duties which do not properly belong to the position for which he has been examined and certified, the Director may, in his discretion, give notice to the City Controller that such person was not appointed or is not employed in accordance with the Civil Service Regulations.
5.13 - RELIEF EMPLOYEES.
5.131 - EMPLOYMENT IN TWO OR MORE CLASSES. In those departments where it is necessary to provide regularly for relief workers in semi-skilled, skilled and trades classes of the Labor and Trades Service in the Classification Plan, to substitute for permanent employees during periods of absence, leave, changes in shift schedules, or for other proper reasons, employees may, in addition to working in their regular positions in which they have Civil Service status, also be appointed on a relief or substitute basis to higher level positions. Such relief employees shall be selected from the persons standing highest on the appropriate promotional eligible lists, provided however, that for a given organizational or working unit, only those eligibles on the list from such working unit shall be considered for employment as relief workers in that unit. In the absence of appropriate promotional eligible lists or the lack of eligibles from a working unit, the appointing authority may select any qualified employee to work as a relief employee.
5.132 - DUAL CLASS EMPLOYEES. In those departments where it is necessary to provide regularly for dual class workers whose employment during each twelve (12) month period usually alternates on a recurring or seasonal basis in two classes of positions, each alternating employment usually covering an extended period of work in each class, such employees have Civil Service status in both positions of employment. Appointment to the higher level position of the dual employment shall be from the names of those persons standing highest on the departmental promotional eligible list or, in the absence of eligibles on the appropriate list, the appointing authority may select, on a provisional basis, any qualified employee for the dual class employment, pending availability of a qualified employee from an appropriate eligible list.
5.133 - PREFERENCE. In the event that two or more persons are relief employees in the same classification of work in a given organizational unit, the employee who has the highest standing on the current promotional eligible list for the class shall be given all such relief work possible, except as provided above, after which the relief employee next on the current eligible list shall be given such work, and so on down the list. If all relief employees on the current list are being utilized in a work unit or if no employee in a work unit is on the current list, the relief employee most recently selected to the same class from the prior list shall then be given all further possible relief employment, and so on. Provisional relief appointees shall be given assignments only after appointees selected from eligible lists have been offered assignments. The appointing authority may cancel the relief appointment of an employee whose name does not appear on the current eligible list for the employee's relief class, if that appointment is not needed to meet a work unit's relief employee requirement. Full-time vacancies in the higher classes for which there are relief employees shall be filled from the appropriate eligible list without regard to the subdivision of such list by organizational units.
5.15 - IN-POSITION PROMOTION. An In-Position Promotion is a promotion based on an employee's qualifications, performance record, seniority and conduct on the job. The promotion is advancement within a position already occupied by the employee, and, as such, it is impracticable and unnecessary to require competition for the already occupied position.
The employee will not be required to submit an application of any kind for an In-Position Promotion, and no eligible list will be prepared or required.
5.151 - REQUIREMENTS FOR IN-POSITION PROMOTION. An employee appointed to a class in one of the designated in-position series of classes included in this regulation will progress to the next higher level class in the series, as the employee gains time in grade experience in the lower level class and is able to perform assignments of increased difficulty, provided that the employee:
Time on an approved military leave of absence from one of the in-position classes included in this regulation will meet the minimum experience requirements necessary for advancement to the next level in the series. Employees must comply with all other conditions described above and with all relevant provisions of the Uniformed Services Employment and Re-employment Rights Act (USERRA).
5.152 - APPOINTING AUTHORITY VERIFICATION OF IN-POSITION PROMOTION. The appointing authority must submit written verification that the employee satisfies the five conditions named above and that the employee is eligible for In-Position Promotion no later than ten days prior to the effective date.
The appointing authority must effectuate the In-Position Promotion by entering the transaction in the City human resources information system.
5.153 - EFFECTIVE DATE FOR IN-POSITION PROMOTION. The employee will progress to the next higher class in the series on the date that the employee satisfies the conditions defined in section 5.151. The salary increase will be effective on that date.
If any employee who qualifies for an In-Position Promotion does not receive the In-Position Promotion on the effective date, the promotion and salary increase shall be made retroactive to the effective date.
5.154 - APPOINTMENT RATE FOR IN-POSITION PROMOTION. Employees who progress to the next higher level class in the series will be appointed to the pay step in the higher pay range in accordance with the provisions of Regulation 6.092.
5.155 - PROBATIONARY PERIOD FOR IN-POSITION PROMOTION. The employee will serve a probationary period in each class and level in the in-position series of classes as required by Civil Service Regulation 14. An employee returning to City service from an approved military leave of absence is subject to a probationary period as defined in Civil Service Regulation 22.08.
5.156 - MANDATORY DEMOTION OF EMPLOYEES WHO DID NOT MEET ALL REQUIREMENTS. If it is determined that an employee who received In-Position Promotion was not eligible for such promotion because he or she did not satisfy all of the required conditions, the employee will be demoted to his or her former class, pay range and pay step retroactive to the date of promotion. Any salary increase received by the employee will be deducted from the employee's pay in an amount which shall not exceed 10% of the employee's gross pay until the amount is reimbursed to the City. The amount to be reimbursed shall be limited to the salary increase received by the employee from the date that the employee received the promotion to the date that the employee was demoted, not to exceed a period of one year. If the employee separates from active service with the City, regardless of reason, before the salary increase is fully reimbursed to the City, the remaining amount of reimbursement owed to the City will be deducted from any terminal pay otherwise payable to the employee, including final wages owed.
5.157 - ACCELERATED IN-POSITION PROMOTION. Employees in one of the non-represented series of classes listed in this regulation may receive an in-position promotion to the next higher level class in the series up to six months before the employee meets the minimum experience requirements under the following conditions.
5.158 - CLASSES ELIGIBLE FOR IN-POSITION PROMOTION.
District Council 47.In-Position Promotions for the District Council 47 classes below will be in accordance with Civil Service Regulation 5.15.
District Council 33.In-Position Promotions for the District Council 33 classes below will be in accordance with Civil Service Regulation 5.15.
END OF REGULATION 5.