COMMENT DUE DATE:
September 29, 2011
DATE:
September 16, 2011
Kevin Sharp, HRMD (405) 521-6829
Dena Thayer, OIRP Programs Adminstrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
Non-APA WF 11-V
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 10-1-11.
OKDHS CHAPTER 2. ADMINISTRATIVE COMPONENTS
SUBCHAPTER 1. Human Resources Management Division
Part 1. Internal Human Resources
OKDHS:2-1-1 [AMENDED]
Part 3. Recruitment, Placement, and Promotion Policy
OKDHS:2-1-95 [AMENDED]
SUMMARY:
OKDHS:2-1-1 is amended to clarify information regarding intraagency transfers.
OKDHS:2-1-95 is amended to reflect the time frame for temporary assignments in the unclassified service may not exceed two years. Previously, the time frame could not exceed 12 months.
PART 1. INTERNAL HUMAN RESOURCES
OKDHS:2-1-1. Intraagency transfer
A permanent, classified employee may be transferred from one Oklahoma Department of Human Services (OKDHS) unit to another at the initiative of OKDHS or the employee in accordance with appropriate Merit Rules.An employee may request a lateral, in-class, or demotional transfer by submitting a memorandum or letter with a completed Form P-12, Personal Data Summary Sheet, to the local administrator of the potential receiving unit.The potential receiving unit has the option to accept or reject the employee's request to transfer to that unit.
(1) When an employee has been approved for transfer, the units discuss and agree upon a release date.The maximum time for release is 28 calendar days.
(2) A permanent, classified employee may be transferred laterally from a position in one job family descriptor (JFD) and level to a position in another JFD and level that has the same pay band, if the Human Resources Management Division (HRMD) certifies that the classified employee possesses the minimum qualifications in education, training, and experience for the receiving unit's JFD and level.
(3) Upon a lateral transfer, excluding in-class transfer, transfers to the same JFD and level, within OKDHS, the employee serves a six-month trial period, unless notified in writing by the appointing authority that the trial period is waived.
(4) During the trial period, an employee may be returned to the position previously held or to another position in the previous JFD and level upon notification from the appointing authority of the reason for the action.
PART 3. RECRUITMENT, PLACEMENT, AND PROMOTION POLICY
OKDHS:2-1-95.Appointments and changes in employee job family descriptor (JFD) and level or position that are not subject to the vacancy notice posting provisions
Unless otherwise indicated, the local administrator submits Form P-31-A, Announcement Requisition, to the Human Resources Management Division (HRMD) to fill a position.The appropriate program staff advises the appropriate administrator, who prepares Form P-31-A and other required documents and submits them to HRMD.Responsibilities assigned to the county director for program areas throughout this regulation apply to field staff under the administrative oversight of the county director.Unless otherwise noted, review by the county director or hiring authority of Form P-31-A and related documents ensures compliance with the Oklahoma Department of Human Services (OKDHS) policy per OAC 340:2-1-76.
(1) Seasonal and temporary appointment.
(A) The local administrator or county director, at the request of the appropriate program staff, submits to HRMD Forms P-1, Application for Employment, and P‑1‑D, Application Supplement.
(B) Effective dates are determined by the selecting official.
(2) Detail to special duty. When the services of a permanent, classified employee are needed temporarily in a job family other than the job family descriptor (JFD) and level to which the employee is regularly assigned, the employee may be detailed to special duty for a period of six to 12 months in any 36-month period.A detail may be worked for six months if the employee does not meet the minimum qualifications for the position.If the employee meets the minimum qualifications for the position, he or she may fill the position up to 12 months, in accordance with Merit Rule OAC 530:10‑11-110.The salary of an employee who is detailed to special duty must be adjusted in accordance with Merit Rule OAC 530:10-7-17.A detail to special duty does not affect the status, title, or JFD and level held prior to the detail.
(A) Detail to special duty is recommended only when other alternatives for assignment of the duties have been exhausted.Other alternatives include:
(i)use of a temporary appointment;
(ii) reassignment of the duties of a position among several employees; or
(iii) reassignment of the duties to an employee at the same or higher JFD and level.
(B) A request for detail to special duty is coordinated through HRMD and requires review by the division director for the program or administrative area and the OKDHS Director or designee.A request for a waiver must be reviewed by the division director of HRMD and approved by the OKDHS Director or designee.
(C) The local administrator or county director, at the request of the appropriate program staff, submits to HRMD, Form P-93, Request for Detail to Special Duty (Classified Service) or Temporary Assignment (Unclassified Service), providing a justification for the request and a requested effective date.
(D) When the duties of a vacant position are temporarily assigned to other employees, the prioritized options are:
(i) assign the duties of the vacant position to an employee with the same or higher JFD and level or classification; or
(ii) recommend a detail to special duty of an employee with a lower JFD and level or classification.The employee must agree by an acknowledgement memo not to apply for the position or a waiver of this requirement must be obtained from the OKDHS Director or designee.The local administrator or county director, at the request of the appropriate program staff, submits to HRMD a request for the waiver on Form P-93, with full justification, for consideration by the OKDHS Director.
(3) Temporary assignment, unclassified service.When the services of a permanent, classified or regular, unclassified employee are needed temporarily in a job other than the job to which the employee is regularly assigned, the employee may be placed on a temporary assignment in the unclassified service.The salary of the employee must be increased to the minimum rate for the job to which temporarily assigned, but not more than the maximum rate the employee could receive upon promotion to the job.The temporary assignment does not affect the status, JFD, and level held prior to the temporary assignment.A permanent, classified employee placed on temporary assignment in the unclassified service is granted a leave of absence from the classified service for the duration of the temporary assignment.
(A) Temporary assignments in the unclassified service may not exceed 12 months unless an exception to this policy is obtained from the OKDHS Director or designee two years.Requests for an exception to this policy must be coordinated through HRMD.
(B) Temporary assignments are recommended only when other alternatives for assignment of the duties have been exhausted as described in the explanation for detail to special duty in (2) of this subsection.
(C) Form P-93 is submitted to HRMD for application and approval for temporary assignment in the unclassified service.The procedure in (2)(B) of this Section is followed.
(D) Employees in the classified service who accept a temporary assignment in the unclassified service must write a memo of understanding stating they wish to take a leave of absence from the classified service to accept the temporary assignment in the unclassified service.The original document is submitted with Form P-93.
(4) Sixty-day temporary assignment, classified or unclassified services.An employee may be assigned duties of another JFD and level for a period of 60 calendar days or less in any 12-month period.Form P-93 is not required.There is no change in the employee's salary as a result of this type of assignment.The immediate supervisor of the position provides the employee with a memo explaining the conditions of the assignment, including the effective date, the maximum duration of the assignment, and a statement that no adjustment will be made in salary.A copy is sent to the local administrator or county director and appropriate program staff.Notice to HRMD is not required.
(5) Intraagency transfer of a permanent employee from one position to another position in the same JFD and level (in-class) or different JFD and level within the same pay band (lateral).The local administrator, or county director, at the request of the appropriate program staff, submits to HRMD an employee-completed Form P-12, Personnel Application Memo and Data Summary Sheet, and a copy of the transfer request.If there is a change in JFD and level (lateral transfer), a trial period of six months is required.
(6) Voluntary demotion to a vacant position.In addition to applying for job announcements, classified employees may request consideration for a voluntary demotion by submitting a statement, by memo or e-mail, directly to the selecting authority at any time.When an employee takes a voluntary demotion, the local administrator or county director, at the request of the appropriate program staff, submits to HRMD an employee-completed Form P-12 and Form P-17, Salary Exception Request for Special Entrance Rate of Voluntary Demotion, from the employee agreeing to a demotion and the salary conditions under which the demotion will be accepted.Form OPM-111, closed within the previous 12 months, is required before the demotion is processed.The employee is required to serve a six-month trial period.
(7) Direct reclassification when a new JFD and level is adopted that better describes an incumbent's job.Specific requirements depend on individual circumstances and require coordination with HRMD.
(8) Position reallocation.When duties are assigned or revised that result in a position reallocation, a review is required from the appropriate division director.
(A) The local administrator or county director, at the request of the appropriate program staff, submits Form OPM-39, Position Description Questionnaire, or Form OPM-39A, Supplemental Position Description Questionnaire, an organization chart, and a memo of justification for the change in assignment of duties to the appropriate division director for approval or disapproval.
(i) If approved, the division director submits the request for position reallocation to HRMD.
(ii) If disapproved, the position reallocation request is routed back to the local administrator or county director.In county offices, the county director advises the appropriate program staff of the division director's disapproval.
(B) If a change in JFD occurs following reallocation of the position, the local administrator or county administrator, at the request of the appropriate program staff, submits to HRMD Form P-S-70, Employee Classification Action Request Form, and an employee-completed Form P-12.No further action is required if no change in JFD occurs.
(C) Time frames provided by HRMD in correspondence with local administrators are followed.
(D) Any applicable trial period applies unless waived by the appointing authority.
(9) Classified service noncompetitive JFDs.
(A) The JFDs utilized by OKDHS designated by the Office of Personnel Management (OPM) as noncompetitive are:
TitleJFD CodeLevelPay band
Central service workerZ15Alevel ID
Administrative technicianE16Alevel ID
Housekeeping/ custodial worker F50Alevel IB
Food service specialistZ20Alevel IC
LaborerZ79Alevel ID
Linen and clothing specialistZ30Blevel IID
Light vehicle driverF54Alevel IC
Therapeutic/medical aide X11Blevel II E
Direct care specialistZ12Alevel IE
Therapeutic/medical aideX11Alevel I D
Transportation officerZ13Alevel ID
Customer service representativeE13Alevel ID
Housekeeping/ custodial workerF50Blevel IIC
Linen and clothing specialistX11Blevel IID
Materiel management specialistF20Alevel ID
(B) The local administrator or county director, at the request of the appropriate program staff, submits to HRMD Forms P-1, P-1-D, and OPM-4, Office of Personnel Management Employment Application.
(10) Career progression.When vacancies in positions that are eligible for career progressions are filled in connection with the recruitment announcement process, the candidate selected is usually described as a trainee or entry level, and the position isfilled with an alternate hiring level.Qualified candidates in the classified service who are selected in an alternate hiring level may be promoted to the next higher level of the JFD, exempt from vacancy posting requirements, upon obtaining permanent status, meeting established performance standards, and certification that the employee meets the minimum qualifications of education, training, and experience for the JFD and level.
(A) At the time of the employee's hire at an alternate hiring level, HRMD determines when the employee is eligible for career progression, updates the Human Resources Information System (HRIS), and notifies the hiring authority of the projected date.
(B) When a change in education level occurs that may affect eligibility for an earlier career progression date, it is the employee's responsibility to provide HRMD with verification, which may be in the form of a transcript, a certificate, or a letter from the institution.Verification is submitted to HRMD through the employee's supervisor.
(11) Professional trainee positions limited to the prescribed length of time of the course of training or extension study.The local administrator or county director, at the request of the appropriate program staff, submits to HRMD Forms P-1, P-1-D, and a contract, if required, for programs such as Carl Albert interns and executive fellows.Other examples of professional trainee positions are legal interns and management interns.
(12) Separate unit policies or testing pilot policies within specific units.Separate unit policies are policies that a unit establishes specific to the unit's mission.Pilot policies are policies that OKDHS tests in a particular unit prior to broader implementation.Separate or pilot policies are publicized to all employees within the specific unit prior to implementation.
(13) Conversion of a position from the classified service to the unclassified service by appointment, reinstatement, or position reallocation of an incumbent, in accordance with applicable Merit System Rules and OKDHS policy.
(A) The conversion of a position from the classified service to the unclassified service requires:
(i) written prior approval of the OKDHS Director;
(ii) written justification and coordination with HRMD to ensure proper allocation of the position and compliance with applicable Merit System rules, and OKDHS policy; and
(iii) that the local administrator or county director, at the request of appropriate program staff, submit to HRMD Forms P-12 and P-S-72, Position Description Questionnaire. A letter from the employee must be submitted to HRMD indicating he or she accepts the position in the unclassified service and resigns from the classified service.
(14) Transfer of an employee and position from one unit to another.The local administrator or county director, at the request of the appropriate program staff, submits to HRMD a template for the employee and position transfer.
(15) Designated unclassified/exempt service positions.The OKDHS Director may waive the vacancy notice posting provisions of this policy for designated positions in the unclassified/exempt service.Approval of a waiver request may not be delegated.
(A) A written request for waiver signed by the appropriate division director is required.The request must provide justification for the waiver request, which includes, but is not limited tospecific experience, education, or training needed for the position.
(B) HRMD coordinates the submission of the request to the OKDHS Director through the appropriate chief officer or equivalent.HRMD notifies the local office of the approval or disapproval of the waiver request.
