Md. Code Regs. 17.04.02.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 17.04.02.02 - Documentation of the Assignment of Higher Level Duties

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Documentation" means a written instrument signed by the supervisor and approved by the appointing authority making the assignment of additional duties and evidencing the justification for assigning additional duties under §B of this regulation, or evidencing the basis for reclassification of a filled position and for promoting a particular qualified candidate in the position.

(b) "Noncompetitive promotion classification series" means a grouping of classifications through which an employee with satisfactory performance progresses from entry to full performance levels.

(c) "Organizational unit" minimally means a group of employees within a given work setting who are rated for performance by the same supervisor.

(d) "Qualified candidate" means a nontemporary skilled or professional service employee who meets all requirements of the classification specification or classification description and any selective qualifications of the position.

B. Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines governing the assignment of higher level duties.

C. Documentation Requirements.

(1) When additional duties are assigned to a filled position that may warrant its reclassification and there is more than one qualified candidate in an organizational unit, documentation shall be retained indicating the specific reasons for selecting the qualified candidate to whom the additional duties are assigned.

(2) An appointing authority may promote from within an organizational unit a qualified candidate who is the incumbent in a position that is reclassified without requiring that the qualified candidate be on an eligible list for the particular classification, if pertinent documentation is retained.

(3) Documentation for compliance with this regulation includes:

(a) Position identification number;

(b) Existing classification (code number and title);

(c) Higher classification (code number and title);

(d) Name of organizational unit;

(e) Unit supervisor's name and title;

(f) List of employees qualified and considered for the higher class in the organizational unit by name, classification, race, sex, and Social Security number;

(g) Name of the individual selected;

(h) Justification for assignment of additional duties or request for promotional reclassification for the specific individual, which may include experience, training, work performance, seniority, or the fact that no other competition exists for the job; and

(i) Signatures of the immediate organizational unit supervisor and the appointing authority or designee.

(4) The Secretary may request appointing authorities to submit documentation or periodic reports of information in a manner required by the Secretary.

(5) Documentation shall be retained by the appointing authority for at least 3 years.

D. Any action taken under §C(1) and (2) of this regulation when the selected candidate does not meet all of the requirements of the classification specification or any selective qualifications of the position shall be voided by the Secretary.

Md. Code Regs. 17.04.02.02

Regulations .02 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; amended permanently effective September 8, 1997 (24:18 Md. R. 1297)