21-5-1415. Position pools.

21-5-1415. Position pools. (a)(1) The Division of Higher Education shall establish and maintain a central pool of four hundred (400) positions to be used to establish additional positions in an institution of higher education when an institution does not have sufficient positions available to meet unanticipated enrollment growth, industry training demands, or its mandated responsibilities. (2) Central pool positions shall be used by the institution if the personnel service needs exceed the number of positions authorized by the General Assembly and were not anticipated at the time of the passage of the institution's operating appropriation act. (b)(1) The division shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions of the proper classification and grade in an institution if the institution does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes involving administration of the institution. (2) An institution shall use temporary transition pool positions only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the institution's operating appropriation bill. (3) A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee. (4) A position from the temporary transition pool shall not be authorized for an institution until the specific position is: (A) Requested by the institution; (B) Recommended by the division; and (C) Reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (5) Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended. (c) A pool position received by an institution under this section is subject to the institution's ability to certify funding. (d) A position established under this section shall not exceed a salary rate of the highest maximum annual salary rate or the highest grade level position authorized by the General Assembly in the requesting institution's appropriation act. (e) The institution shall provide justification to the division for the need to allocate positions from the central pool or temporary transition pool. (f) Titles shall not be assigned to the institution from the central pool or temporary transition pool until specific positions are: (1) Requested by the institution; (2) Recommended by the division; and (3) Reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (g) If an institution requests any central pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the institution's subsequent fiscal year budget request.