APPLICABILITY & PURPOSE

This Personnel Management Regulation (PMR) defines rules for job classifications under the County’s Merit System, pursuant to Marin County Code 2.56.

CONTENTS

40.1 Classification Plan
40.2 Allocation of Positions
40.3 Position Classification
40.4 Classification Series, Careers Ladders and Upward Mobility
40.5 Class Title
40.6 Title & Specification Changes
40.7 Changes Directed by Personnel Commission
40.8 Interpretation of Class Specifications/Descriptions
40.9 Establishment of New Classifications
40.10 Classification Studies
A. Conduct of Studies
B. Notification of Results of Study
C. Board Approval
D. Effect of Reclassification Upon the Incumbent
E. Effective Date of Reclassifications
F. Time Frame for Requests
40.11 Classification Appeal Procedure
40.12 Reorganization
A. New or Modified Classifications
B. Effect on Classification of Reorganization
C. Appointment to New or Modified Positions as a Result of Reorganization
40.13 Sliding Classifications
40.14 Decision Authority
40.15 Y-Rate Upon Reclassification
APPROVAL

FORMS AND ATTACHMENTS

Not applicable.

40.1 Classification Plan

A classification plan for all positions in the Merit System will be administered by the Director of Human Resources. The plan will consist of classifications as defined and described in the official class specifications. Classification titles so established will be used in all personnel and financial records, in all communications and in all examination procedures.

40.2 Allocation of Positions

All positions in the Merit System will be allocated to an appropriate classification in the classification plan by the Board of Supervisors. The classification will be based on the principle that positions will be in the same classification when their duties and responsibilities are similar enough to justify the same descriptive title, definition of duties, and employment standards. No person will be employed in any position until such position has been properly classified and allocated.

40.3 Position Classification

All positions will be allocated to a classification in accordance with duties, responsibilities, and standards of the job. A written description, known as a class specification, will be prepared for each classification, listing such elements as essential duties; knowledge, skill, and ability requirements to successfully perform the job; minimum amount of education and/or experience required; working conditions, and physical, psychological, and mental ability requirements. The original classification specification, the establishment of new classifications of employment, or the major alteration or abolishment of existing classifications, will be recommended by the Director of Human Resources and approved by the Board of Supervisors.

40.4 Classification Series, Careers Ladders and Upward Mobility

When feasible, the Director of Human Resources will recommend the establishment of classification series which illustrate a progressive career path for employees. These will be called career ladders. They will give County employees information useful to move upward within county service. For example:

Public Safety Series Clerical Series
Sheriff’s Captain Senior Secretary
Sheriff’s Lieutenant Secretary
Sheriff’s Sergeant Senior Clerk Typist
Deputy Sheriff Intermediate Clerk Typist
Deputy Sheriff Trainee Clerk

40.5 Class Title

The classification title will be the title of each position in the class and will be used in all personnel records, payrolls and personnel transactions. The department head may approve working titles to be used within a department and for recruitment purposes and which may be used in parentheses on business cards. Working titles will not be deemed official titles and cannot imply licenses or certifications not required in the class specification.

40.6 Title & Specification Changes

Where the duties of a position have not substantially changed, the position may be retitled and/or the specification modified to update and/or more accurately reflect and identify the position and its standards of employment. There is no change in the compensation level with a title or specification change. The Board of Supervisors may delegate such changes to the classification specification to the Director of Human Resources, and has so delegated this authority. No change in the title of any job or its classification or specification will affect the seniority of the incumbent, if any.

40.7 Changes Directed by Personnel Commission

The Personnel Commission may direct study of positions in the Merit System and recommend necessary changes to the Board of Supervisors.

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40.8 Interpretation of Class Specifications/Descriptions

A. Class specifications are not restrictive but will indicate the basis on which a position is allocated to its proper classification as determined by its functions, duties and responsibilities. Positions will be allocated to the same class when their duties are sufficiently similar that:

1. The same descriptive title may be used to designate each position in the class.

2. The same level of education, experience, knowledge, ability and other qualifications may be required of incumbents.

3. Similar tests of fitness may be used to select incumbents.

4. The same schedule of compensation will apply equitably under substantially the same employment conditions.

B. Descriptions will not be construed as a declaration that the duties and responsibilities will not be changed nor that the appointing authority may not temporarily assign other duties and responsibilities or otherwise direct and control the work of subordinate employees.

40.9 Establishment of New Classifications

The Director of Human Resources may recommend adding classifications to the classification plan whenever he or she deems it necessary. The recommendation will be submitted in writing to the Board of Supervisors for approval.

40.10 Classification Studies

A. Conduct of Studies. The Director of Human Resources may recommend the reclassification of any position or group of positions in the Merit System after conducting a study of the position. Studies may be conducted when:

1. A request is made by a department head that an employee in his or her department is filling a job where significant changes in duties, responsibility and/or work assignment have evolved over time. The request will include a description of the duties performed; how the duties, functions and responsibilities have changed; what caused the change; who else performs the duties; and the length of time the employee has been performing those functions, duties, and responsibilities. Upon review and study, the Director of Human Resources may recommend the allocation of a position to a higher or lower classification or that it remain unchanged.

2. County Administrator identifies the need for review of a position or positions.

3. The Director of Human Resources identifies the need for review of the position or positions.

4. The Personnel Commission directs a study of the position or positions.

B. Notification of Results of Study. The Director of Human Resources will communicate his or her recommendation to the department head. The employee will be notified by the department head, or by the Human Resources Department, if requested by the department head.

C. Board Approval. If the Director of Human Resources recommends reclassification or significant changes to classifications due to a pending reorganization, they will be submitted to the Board of Supervisors. The Board of Supervisors will consider reclassification or reorganization-based classification change requests once each quarter.

D. Effect of Reclassification Upon the Incumbent. If there is an incumbent in the reclassified position who has been performing the full duties and responsibilities of the reclassified position, he or she may receive a non-competitive appointment to the new classification if he or she also meets the requirements of the new classification. The department head or Director of Human Resources will notify the employee of the recommendation to reclassify up or down or make no change. The employee may appeal the decision as set forth herein.

E. Effective Date of Reclassifications. A reclassification approved by the Board of Supervisors will be effective the first day of the pay period following approval, unless determined otherwise by the Director of Human Resources.

F. Time Frame for Requests. Reclassification study requests for any position may be made no more than once every two years.

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40.11 Classification Appeal Procedure

A. Where there is a dispute between the employee and his or her department as to whether the employee is properly classified, the employee may request a meeting with the Director of Human Resources or designee. Similarly an employee whose classification was studied may, if the study resulted in a recommendation of no change or a lesser classification, request a meeting with the Director of Human Resources or designee within 14 calendar days of receipt of the written notice as follows:

1. File a meeting request in writing with the Director of Human Resources. The written request should include a summary of the new duties or responsibilities being performed, what caused the change, the duration of time in which the new duties or responsibilities have been performed, reasons why another classification is more appropriate for the work performed, and/or why the classification recommendation is not acceptable to the employee.

2. Within ten working days after the meeting request is filed, the Director of Human Resources or his or her designee will consider the submitted request, which may include meeting with the employee and consultation with the County Administrator as to programmatic, policy, or budget impact. The Director or his or her designee will provide a decision in writing. Such decision may be to conduct a classification study, to recommend removal of certain duties from the job of the employee, or to make no change or take no further action.

3. If the matter is still not resolved to the satisfaction of the employee, he/she may, within not more than five working days from receipt of the Director of Human Resources’ decision or the results of a classification study ordered hereunder, file an appeal to the Personnel Commission by notifying the Director of Human Resources in writing. The Personnel Commission will establish a date for hearing the classification appeal at its next regular meeting.

a. Hearings shall be informal and the rules of evidence need not apply. The burden of proof shall be upon the appellant, who may appear and produce evidence at the hearing. It shall be the burden of the appellant to allege and prove, by preponderance of the evidence, that the classification for the work performed is improper.

b. At the discretion of the Commission, a decision on the matter may be made after a review of the written material submitted by all parties only. The decision of the Commission will be made in writing within ten working days after their hearing or review of the submitted written materials.

4. In the event of fiscal impact of the decision of the Commission, the findings and recommendations of the Commission will be forwarded to the Board of Supervisors for approval.

40.12 Reorganization

A. New or Modified Classifications. The Director of Human Resources may also study and recommend classifications for an approved departmental reorganization. Each request for a study is made by a department head, and approved by the County Administrator prior to consideration by the Director of Human Resources. The basis of such a request is that a position or positions under the direction of the department head will need to significantly change duties, responsibilities, and/or work assignments to meet emerging program, fiscal or policy needs.

B. Effect on Classification of Reorganization. If a reorganization recommended by a department head is approved by the County Administrator, the Human Resources Department will create or significantly modify classifications as required. The Director of Human Resources will recommend these classifications to the Board of Supervisors.

C. Appointment to New or Modified Positions as a Result of Reorganization. Employees will be required to compete for a new or significantly modified position through the competitive examination process. Employees displaced may request to be reassigned within his or her own department, transferred to a vacant position in the classification currently held, or be laid off in accordance with these policies.

40.13 Sliding Classifications

A. Classifications within a classification series may be designated by Human Resources as sliding classifications. Such a classification series allows movement from entry level to journey level and/or movement from unlicensed to licensed without requirement of examination. The department head may request and the Director of Human Resources may approve movement of an employee to a higher level without examination if the following criteria are met:

1. The employee received initial appointment to the alternatively-staffed position through a competitive process or through reclassification; and

2. The employee meets all minimum requirements for the higher level; and

3. The department head attests that the employee is effectively performing the full duties and responsibilities of the higher level of the sliding classification series; and

4. The employee has successful or higher performance evaluations.

B. In cases where the higher level classification is not reflected in the adopted budget, the Director of Human Resources or designee will change the position allocation and notify the County Administrator or designee in order for the change to be reflected in current year budget change requests and in the following year’s recommended budget.

40.14 Decision Authority

Final decision and ratification of classification changes and reorganizations rests with the Board of Supervisors.

40.15 Y-Rate Upon Reclassification

A. If an employee is reclassified to a classification with a lower salary range, the salary will be determined in the same manner as a demotion, or, on the recommendation of the Director of Human Resources, the County Administrator’s Office may approve a Y-rate. An employee who has been granted a Y-Rate salary following reclassification of his or her position to a lower level, will be placed at the top of the eligible list for his or her former classification, if that classification exists, and will retain his or her preferential position for a period of time equal to one year for each five full years of service. In the event two or more Y-Rate employees are placed on the same eligible list, they will be ranked by seniority in the higher class. Certification to vacancies will be in accordance with PMR 32, Certification Process.

B. Notwithstanding anything contained herein, no person shall be entitled to receive any remuneration at a rate greater than that specified for the official classification without prior specific action by the Board of Supervisors or their designee.

APPROVAL

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor

Approved: ss/President, Board of Supervisors