(a) Responsibility. The primary responsibility for maintaining the classification and
compensation plan for classified employees, as defined in Section 169.02(f), shall rest with the Commission through the HRD.
compensation plan for classified employees, as defined in Section 169.02(f), shall rest with the Commission through the HRD.
(b) Final Decisions. Final decisions, including but not limited to advanced range hiring, revised pay grade assignments, and addition of new titles to the plan and wholesale changes to the salary schedules shall rest with the County Council, as recommended by the Commission, before implemented by the appointing authority.
The County Council shall, in addition to the responsibilities already identified, retain the authority to implement other changes to the plans in order to ensure they meet the needs of County government.
(c) Personnel Actions. Each appointing authority shall be responsible for following the Commission Rules and Chapter 169 of the Codified Ordinances when making appointments, terminating, promoting, demoting, transferring and laterally reassigning employees.
(d) Maintenance. Each appointing authority shall retain the authority to discontinue using a classification in the appointing authority's office. However, only the County Council upon the recommendation of the Commission will have the authority to permanently abolish or delete a classification from the classification plan. This will normally occur based upon the request of the appointing authority, and after such request is reviewed by the HRD for the plan covering classified employees of those appointing authorities defined in Article II, Section 2.03(11) of the County Charter, and after such is recommended to the County Council.
Each appointing authority shall retain the authority to request using a classification that exists under the classification plan, but has never been used in the appointing authority's office before, such is appropriate based upon duties and responsibilities.
Each appointing authority shall retain the authority to request the Commission create an entirely new classification. This will include the County Council's approval of the new classification title, classification specification, classification number, point factor score and pay grade assignment. The classification title, classification specification, etc., will be based upon the recommendation jointly developed by the appointing authority requesting the new classification and the HRD, for the plan that covers classified employee of those appointing authorities defined in Article II, Section 2.03(11) of the County Charter.
If the appointing authority requesting the new classification and the HRD are unable to mutually agree upon the classification title, classification specification, point factoring or grade assignment within thirty (30) calendar days from the date the proposed change to the plan that covers classified employees is submitted, the Director of the HRD shall immediately inform the Commission in writing of the dispute. Such issues shall then be processed in accordance with the rules and procedures of the Commission. After hearing each side's position on the issue, the Commission will make a recommendation to the County Council regarding the matter. The County Council will retain the authority to accept the recommendation of the Commission, or the recommendation of the appointing authority, or to modify one (1) of the recommendations, or to reject all recommendations. The County Council's action will be final.
Each appointing authority shall retain the authority to ask the Commission to change the pay grade of a classification due to increased responsibility (and corresponding point factor score) or for some other legitimate business reason. However, prior to petitioning the County Council to effect such a change, the appointing authority shall first review the proposed modification with the HRD, in order to obtain concurrence on the proposal.
If the appointing authority requesting the pay grade change and the HRD are unable to mutually agree on the proposed change for the plan that covers classified employees, within thirty (30) calendar days from the date the proposed changes is submitted, the Director of the HRD shall immediately inform the Commission in writing of the dispute. Such issues shall then be processed in accordance with the rules and procedure of the Commission. After hearing each side's position on the issue, the HRC will make a recommendation to the County Council regarding the matter. The County Council will retain authority to accept the recommendation of the Commission, or the recommendation of the appointing authority, or to modify one (1) of the recommendations, or to reject all recommendations. The County Council's action will be final.
Each appointing authority shall retain the authority to ask the Commission to make changes to the classification specifications when such appear to be justified. However, prior to petitioning the County Council to effect such change, the appointing authority shall first review the proposed modification with the HRD in order to obtain concurrence on the proposal. If the appointing authority requesting the classification specification change and the HRD are unable to mutually agree on the proposed changes for the plan that covers classified employees, within thirty (30) calendar days from the date the proposed change is submitted, the HRD Director shall immediately inform the Commission in writing of the dispute. Such issues shall then be processed in accordance with the rules and procedures of the Commission. After hearing each side's position on the issue, the Commission will make a recommendation to the County Council regarding the matter. The County Council will retain authority to accept the recommendation of the Commission, or the recommendation of the appointing authority or to modify one (1) of the recommendations, or to reject all recommendations. The County Council's action will be final.
The HRD will be authorized to make such changes to the classification specifications as may be necessary for reason of minor update and corrections as may be requested by appointing authorities or so recognized by the HRD, that have no effect upon the point factoring to change grade assignment, or to make such changes in format and/or change as may be mandated by law. Such change to the classification specifications will be coordinated with each appointing authority using the classification that is the subject of change, and distribution of final updates will be made accordingly. Record of such change will be maintained and recorded on the classification plans.
Each appointing authority shall have the responsibility of reporting all personnel actions (appointments, promotions, lateral reassignments, approved pay increases or decreases, demotions, terminations, etc.) to the Director of the HRD for approval at least two (2) weeks before the effective date. Such personnel action shall be complete in total using the form provided by the HRD, with the signatures of approval as required by the Commission and Executive.
The HRD shall have the responsibility of investigating possible misuses of the plan that covers classified employees by any of those offices included in the plan as defined in Article II, Section 2.03 (11) of the Charter. If such misuses affecting classified employees are found, they will be reported to the Director of the HRD for appropriate action, in accordance with the rules of the Commission.
The HRD shall be authorized to monitor the system through electronic review of wage and salary data, and periodically conducting classification audits of a random sampling of positions included in the classification and compensation plan for classified employees. In the event of alleged misuses, discrepancies, or misapplications of the plan are identified by the HRD, they will be reported to the Director of the HRD for appropriate action, in accordance with the rules of the Commission.
The HRC shall be responsible for hearing classification appeals that have not been resolved by a classified employee and the employee's employer. No classified employee shall be permitted to file a classification appeal with the HRC until the employee first attempts to resolve the matter with the employer.
(e) County Council Compliance and Enforcement Policy. Administrative compliance provisions for the maintenance of the Standard Classification and Compensation Plan for classified employees shall rest with the Director of the HRD.
(1) The Director of the HRD shall attempt to obtain a voluntary resolution to a violation through discussion with the appointing authority as related to their area of authority and in keeping with the procedures and policy of maintenance.
(2) If unresolved and upon notification by the Director of the HRD to the Commission, a written recommendation shall be made to the full County Council to issue an order to the appointing authority to take such action to correct the violation, or
(3) To issue an order to the County Fiscal Officer to withhold or correct the affected wages/benefits of the employee's pay, and/or
(4) To take such budgetary controls or other means necessary to enforce such order. Time frames for resolving such issues shall follow specific periods per the Commission Rules, administrative guidelines, related ordinances or resolutions, maintenance provisions of the classification and compensation plan, County Council legislative rules and orders of compliance, and reasonable periods and/or extensions of time if mutually agreed upon by the parties involved. Such will be determined on a case-by- case basis.
(Ord. 2004-596. Adopted 2-14-05; Ord. 2015-269. Adopted 8-31-15.)