21-5-207. Office of Personnel Management — Duties.

21-5-207. Office of Personnel Management — Duties. (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 class specification 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 it; (4)(A) To authorize the temporary reclassification of positions in a state agency affected by this subchapter in cases in which it has been determined by the Office of Personnel Management that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and where it is impracticable to restructure the duties of the position to the proper classification. (B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that no position may be reclassified to a class with a higher salary grade than that approved by the General Assembly, and the reclassified positions shall not be placed in a class and receive pay at a salary rate in excess of the maximum pay level authorized for the position that was reclassified as provided in the appropriation act of the state agency; (5)(A) To review all class specifications 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 of Personnel Management 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 class specification 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 class specification 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 of Personnel Management 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 of Personnel Management 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 the director of each state agency 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 class specification; (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 class specification 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 class specification 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 provide assistance to state agencies in identifying, developing, and maintaining training and resource 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; and (15) To review and recommend changes to state agency personnel policies, including without limitation disciplinary policies. (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 of Personnel Management, 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 class specifications, 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.