Personnel Rules

CHAPTER Per 300 CLASSIFICATION

PART Per 301 CLASS ALLOCATION

Per 301.01 Description of Classification Plan.

(a) The position classification plan, which is prepared and revised by the director under RSA 21-I: 42, II, shall be the standard for allocating the position of every employee in the classified service.

(b) The position classification plan shall consist of the following:

(1) A complete set of published class specifications established under Per 301.02 grouped alphabetically by class title; and

(2) The evaluation plan and point factors used to write class specifications and classify positions.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 301.02 Class Specification.

(a) The director shall establish a formal written class specification covering each position in the classified system. The purpose of the class specification shall be to identify the job functions, distinguishing factors, examination requirements, and the minimum qualifications which apply to all positions in the same class.

(b) The class specification shall not be considered a job description. The duties specific to an individual position shall be listed separately in the supplemental job description required by Per 301.03.

(c) Each class specification shall contain the following:

(1) A heading section stating the class title, class code, salary grade, occupational code, exempt or non-exempt status, date established, and date of last revision;

(2) A definition of the basic purpose of the class;

(3) The duties and responsibilities which are the characteristic job functions of the class;

(4) The distinguishing factors of the class, including the required level of:

a. Skill;

b. Knowledge;

c. Impact;

d. Supervision;

e. Working conditions;

f. Physical demands;

g. Communication;

h. Complexity; and

i. Independent action;

(5) The minimum qualifications to be certified for entry into the class, including:

a. The amount of formal education necessary;

b. The amount of equivalent schooling which may be substituted for formal schooling, such as correspondence courses, adult education courses, trade or apprenticeship training;

c. The amount of experience required, including the amount of time spent in practical preparation in related positions;

d. The amount of equivalent experience that may be substituted for formal education, or formal education to be substituted for experience, if applicable; and

e. Any license or certification requirements;

(6) Any special requirements unique to the class, including any requirement for successful participation in a state examination;

(7) The recommended work traits for the class, including areas of knowledge, skill or ability that would contribute to successful job performance; and

(8) A disclaimer statement which shall read as follows: "This class specification is descriptive of general duties and is not intended to list every specific function of this class title."

(d) Qualification requirements in the specification for any class shall constitute a basis and source of authority for the content of examinations for the class and for the certification of the qualifications of applicants.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 301.03 Supplemental Job Description.

(a) The duties and work assignments for each position or group of positions in the state classified service shall be defined by a supplemental job description in the format established by this rule.

(b) The supplemental job description shall be developed and updated by the appointing authority or the supervisor assigned by the appointing authority to oversee the work assignments of the position.

(c) Any work assignment which affects more than 10 percent of the total working time of the position shall be listed on the supplemental job description by the appointing authority, designated supervisor or the employee of the position in accordance with this rule.

(d) The supplemental job description shall contain the following information:

(1) The classification of the position assigned by the director of personnel or his or her designee;

(2) The in-house title, if any, assigned by the appointing authority, that is consistent with the classification of the position but which does not change the classification of the position;

(3) The dates the description was established and last amended;

(4) A function code number which is assigned by the division and reflects the first 4 digits of the class code, followed by the department number of the agency;

(5) The name of the person in the agency responsible for developing the supplemental job description;

(6) The date the supplemental job description was last approved by the director or his or her designee;

(7) A statement of the scope of work for the position;

(8) A listing of at least 5, and no more than 10, accountabilities for the position;

(9) A section specifying the minimum qualifications for the position consistent with the class specification, including the minimum formal education, specific job experience and any licensure or certification requirements for entry into the position. If the class specification allows related experience to be substituted for education, or education to be substituted for experience, each year of related experience shall equal a year of required education, and each year of education shall equal a year of experience;

(10) A section stating any bona fide occupational qualifications including, but not limited to:

a. Minimum age requirements;

b. Physical ability requirements;

c. Additional training requirements;

d. Special probationary requirements; and

e. Required access to transportation, such as a driver's license;

(11) A disclaimer statement which shall read as follows: "The supplemental job description lists the essential functions of the position and is not intended to include every job duty and responsibility specific to the position. An employee may be required to perform other related duties not listed on the supplemental job description provided that such duties are characteristic of that classification"; and

(12) The signatures of the following:

a. The appointing authority or the employee's immediate supervisor designated by the appointing authority;

b. The employee currently appointed to the position; and

c. The director of personnel or his or her designee.

(e) An employee's signature on the form shall indicate the employee's acknowledgment that the review of the supplemental job description has taken place.

(f) A current, signed supplemental job description shall be maintained by the agency to be used for performance evaluations conducted in accordance with Per 801.

(g) The employee shall receive a copy of the signed supplemental job description.

(h) An official stamp containing a facsimile of the director's signature shall be used whenever the director has reviewed and approved large numbers of documents, but cannot sign each directly.

(i) An appointing authority, or full-time employee who believes that a revision to the supplemental job description might affect the classification of the position, shall have the option to request a determination from the director under RSA 21-I:54, III, provided the revision is a permanent work assignment which affects 10 percent or more of the total working time of the position.

(j) The request for a classification determination shall include at least the following:

(1) A copy of the description annotated to reflect the proposed changes; and

(2) A written statement which includes an explanation of how the proposed change is related to corresponding changes in the agency's goals, objectives, structure, and organizational chart.

(k) The director shall review a request for a classification determination and notify the requesting party within 30 days if the new duty or responsibility requires a reclassification or reallocation review.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 301.04 Request for Trainee Status.

(a) For purposes of recruitment, an appointing authority may request that a classified position be designated a trainee position by revising the supplemental job description under Per 301.03. The request shall be made prior to posting the position under Per 402.

(b) If the request for trainee status is approved, the director shall temporarily adjust compensation for trainee positions downward the equivalent of at least one labor grade to correspond to the revised minimum qualifications as stated in the revised supplemental job description.

(c) When a trainee meets the minimum qualifications as stated in the original supplemental job description for the position, the appointing authority shall assign the step in the new grade in accordance with Per 900.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 301.05 Request to Classify a Full-Time or Part-Time Temporary Position.

(a) A request made by an appointing authority for the director to establish the classification of a temporary position shall include the following information:

(1) A recommendation for an appropriate classification and salary grade and schedule for the proposed position;

(2) An explanation of the reason or reasons for the request;

(3) A proposed supplemental job description;

(4) An up-to-date organizational chart indicating placement and reporting relationships of the proposed position;

(5) Identification of the source and availability of funding; and

(6) The intended duration of the position, which shall be no longer than 12 months.

(b) In accordance with RSA 21-I: 54, if the duration of the position is for a period in excess of 12 months, it shall be considered a new position requiring the approval of the governor and council.

(c) The director or his or her designee shall establish the classification of the position and notify the appointing authority in writing whether or not the director agrees with the recommendation made in the request by the appointing authority.

(d) If the recommended level of classification is approved, the appointing authority shall follow the provisions of Per 400 to recruit for the new position. Additionally, upon hiring, the appointing authority shall file the appointment documentation required under Per 603.

(e) If the approved position is full-time temporary, the appointing authority shall submit the following documentation to the director for the purpose of assigning a position number, which is necessary to establish the new position:

(1) A position profile form, which shall include the following:

a. Activity code of the department or division;

b. Effective date indicating when the position was established;

c. End date of the position;

d. Position/title description, title grade, and title/subtitle code assigned by the director;

e. Permanent/temporary indicator designating the position as temporary;

f. Time class code indicating that the position is full-time and pay class code designating the number of hours worked per week;

g. Position salary code identifying the salary schedule assigned to the position;

h. Data on the type and source of agency funding for the position;

i. Position number to which the new position reports;

j. Work location code and position activity code indicating where the position is assigned within the agency;

k. Code indicating shift differential or hazard pay, if applicable;

l. Signature of appointing authority or designee; and

m. Date of approval.

(2) A copy of the governor and council acceptance of monies for agency use and the fiscal committee approval required under RSA 124:15, I, if applicable.

(f) In addition to documenting the establishment of a new position, the appointing authority shall submit updated position profile forms to notify the director of the following changes in the status of any full-time position:

(1) Budgetary adjustment, such as a change in type or source of funding;

(2) Change in reporting relationship of the position; and

(3) Change in employment conditions, including:

a. Work location;

b. Number of hours worked per week;

c. Work shift; or

d. Pay cycle.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

PART Per 302 ORGANIZATIONAL ANALYSIS

Per 302.01 Agency Organizational Chart.

(a) Agencies shall maintain and submit to the director a current organizational chart accurately depicting each component part of the agency and the positions in each part.

(b) The purpose of the organizational chart shall be to provide a baseline depiction of the agency organizational structure and reporting relationships in relation to the statutory functions which comprise the agency's mission.

(c) In order to communicate changes in organizational structure which affect the classification of positions, an appointing authority shall update and submit to the director an organizational chart describing the reporting relationships of all affected positions in the agency.

(d) The organizational charts required under Per 302.01(a) and (c) shall follow the structure established under RSA 21-G, to the extent that the agency is required to be organized according to that structure, and, if not so required, in a manner consistent with statutes prescribing the agency’s organization, so as to arrange the agency into standardized organizational units in descending order of size.

(e) In addition to identifying the overall organizational structure and reporting relationship of agency positions, the chart shall specify the class title and position number of each position in the agency, including all full-time, part-time, permanent and temporary positions.

(f) If any service, duty, or requirement is established by statute, the chart shall cite the appropriate statutory reference.

(g) The organizational chart shall indicate the date the chart was developed and last revised.

(h) An updated organizational chart shall be submitted to the director for approval prior to implementing any change in reporting relationship or organizational structure.

(i) The updated organizational chart shall be used by the director, or his or her designee, to review changes in assigned job responsibilities in order to accurately classify positions in accordance with the provisions of this chapter.

(j) An appointing authority shall not make any permanent transfer of positions from one department, division, bureau, section, or subsection to another without first notifying the director.

(k) Prior to making any transfer or reassignment of positions, the appointing authority shall state in writing to the director:

(1) Which positions are affected by the proposed transfer or reassignment;

(2) The reasons for the proposed change; and

(3) That the transfer or reassignment is related to job functions and does not have as its basis a punitive intent.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

PART Per 303 REALLOCATION OR RECLASSIFICATION OF FULL-TIME POSITIONS

Per 303.01 Allocation of Classified Positions.

(a) If the director, under the authority of RSA 21-I:42, II and III determines that a position in the classified service might be improperly allocated or classified, the director may initiate a position review.

(b) If requested by the director, an appointing authority shall comply with the requirements for submission of a completed request as provided in Per 303.02(a).

(c) If an appointing authority fails to comply with a request for submission of a completed request as provided in Per 303.02(a), the director shall initiate a position review to determine the appropriate allocation and class of the position(s) in question.
Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.02 Completed Request.

(a) Either an appointing authority or full-time employee may file a request for reallocation or reclassification of a full-time position by submitting the following information to the director:

(1) A narrative memorandum identifying:

a. The agency code, consisting of the number assigned by the department of administrative services to identify particular state agencies, the class title and the position number of the position to be reviewed by the director;

b. A thorough explanation of the reason or reasons for the request, including what precipitated the permanent change in the duties of the position to necessitate the review;

c. A recommendation for change in the classification or allocation of the position;

d. If the request is submitted by the appointing authority a statement identifying:

1. The approximate cost; and

2. The funding source for the request; and

e. If the request is submitted by the employee, a statement identifying:

1. The date, if any, that the employee's initial request for position review was made to the appointing authority; and

2. The appointing authority’s response to the request, if any;

(2) The employee's current, approved supplemental job description;

(3) The proposed supplemental job description which has been annotated to reflect any changes in job responsibilities under Per 301.03 (j) (1);

(4) A current organizational chart identifying the position in relation to the current structure of the agency;

(5) A proposed organizational chart which includes an explanation of how the change in reporting relationship, if any, is related to the agency's goals, objectives and structure; and

(6) A position classification questionnaire indicating the change or changes in the employee's duties which require a reallocation or reclassification of the position from one classification to another, or the development of a new classification to match the duties of the position.

(b) The rising cost of living or other changes in economic conditions shall not be the basis for a request for reallocation or reclassification.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.03 Incomplete Request. A request for review of a position shall not be deemed received by the division until the request is complete and contains all items specified in Per 303.02. The director or his or her designee shall specify which items are missing from any incomplete request which is returned to the agency or the employee.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.04 Response of Director.

(a) The director or his or her designee shall respond to a request for reallocation or reclassification in writing stating whether or not he or she agrees with the recommendation made in the request by the appointing authority or employee.

(b) If the director recommends reallocation or reclassification of a position, the director shall initiate a position profile form to implement the change in allocation or classification.

(c) The effective date of the change in position allocation or classification shall be the first day of the pay period immediately following the written response made by the director under Per 303.04(a).

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.05 Responsibility of Appointing Authority.

(a) Upon receipt of the director's decision to reallocate or reclassify a position or positions, the appointing authority shall either:

(1) Submit an executed personnel action form or forms as described in Per 603.01 implementing the incumbent's or incumbents’ change in compensation as required under Per 303.06; or

(2) If governor and council approval of the reclassification or reallocation of the position or positions is required pursuant to RSA 21-I: 54, submit:

a. An executed personnel action form or forms as described in (1); and

b. A copy of the minutes of the governor and council meeting showing such approval.

(b) For any change accomplished under paragraph (a), the effective date of the change in compensation shall be the first day of the pay period immediately following the written response made by the director under Per 303.04(a).

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.06 Adjustments Due to Reallocation or Reclassification.

(a) If the director reallocates or reclassifies a position into a class with a higher salary grade because of a documented change in the position's job function, the incumbent's salary shall be increased to the lowest level in the new class which shall provide an increase equaling at least one annual increment in the former class.

(b) If the director reallocates or reclassifies a position into a class with a lower salary grade, the incumbent's salary shall be adjusted as follows:

(1) The incumbent's salary shall not be reduced for a period of 2 years;

(2) If the incumbent was not at the maximum step, the incumbent shall be eligible for annual step increases at the former grade that do not exceed the maximum of the new grade, provided such increases are documented by performance evaluations;

(3) After a period of 2 years, the appointing authority shall adjust the incumbent's salary downward by assigning the step in the lower salary grade in accordance with Per 901.07 (a); and

(4) When the incumbent leaves the position, the appointing authority shall post the vacancy at the adjusted salary level set for the position and not at the level assigned to the employee who held the position prior to reallocation or reclassification.

(c) When a position is reallocated or reclassified, or the position's class specification is revised, the minimum qualifications required shall not impose any new or additional education or experience requirements upon the incumbent or incumbents unless these minimum qualifications are required by law.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 303.07 Request for Temporary Reallocation or Reclassification.

(a) An appointing authority may file a request for temporary reallocation or reclassification of a position when a job assignment of limited duration affecting more than 10 percent of the total working time has been delegated to the position.

(b) A request for temporary reallocation or reclassification shall include the following information:

(1) A proposed supplemental job description detailing specific job accountabilities to be performed;

(2) An explanation of why the temporary reallocation or reclassification is needed; and

(3) The projected ending date of the temporary job assignment.

(c) The temporary reallocation or reclassification of a position shall not exceed 6 months.

(d) The director shall respond to a request for temporary reallocation or reclassification by taking one of the following actions:

(1) Approving the proposed supplemental job description at the requested level if the request is in accordance with paragraphs (a) - (c) above and is properly classified; or

(2) Returning the supplemental job description to the appointing authority with an explanation of why the request was not approved if the request is not in accordance with paragraphs (a) - (c) above or is not properly classified.

(e) If the request for temporary reallocation or reclassification is approved by the director, the appointing authority shall file the personnel action form to implement the change in the incumbent's compensation as required under Per 303.05.

(f) The incumbent shall be required to meet the minimum qualifications stated on the specification for the new class title.

(g) At the end of 6 months, one or both of the following actions shall take place:

(1) The appointing authority shall adjust the incumbent's salary to the rate of the original classification by assigning the new step in accordance with Per 901.09 (e); and

(2) If the original change in job assignment initiating the request for temporary reallocation or reclassification is still in effect, the appointing authority shall file a completed request for reallocation or reclassification under Per 303.02.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

PART Per 304 DIRECTOR'S DECISION

Per 304.01 Director's Decision Pursuant to Per 303.01.

(a) If the appointing authority or the employee is not satisfied with the director's decision concerning the allocation or classification of a position, the appointing authority or the employee may, pursuant to RSA 21-I: 57, within 15 calendar days of the date of the director's letter transmitting that decision:

(1) File a written request for reconsideration with the director; or

(2) File an appeal with the board.

(b) The request for reconsideration shall specify why a reconsideration is necessary by identifying only those facts which the appointing authority or the employee believes were not considered by the director.

(c) The request for reconsideration shall be considered a continuation of the original position allocation review by the director.

(d) If filed, a request for reconsideration shall be completed prior to any further appeal to the board.

(e) If the appointing authority or the employee disagrees with the reconsideration decision of the director, an appeal may be filed with the board pursuant to RSA 21-I: 57, within 15 calendar days of the date of the director's decision.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06

Per 304.02 Director's Decision Pursuant to Per 303.04 and Per 304.01. If the appointing authority or the employee is not satisfied with the director's decision, the appointing authority or the employee may file an appeal with the board under RSA 21-I: 57 within 15 calendar days of the date of the director's decision or in such other manner as may be allowed by statute.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06