W. Va. Code R. § 143-1-4 - Classification Plans

4.1. Preparation of Plans. -- The Board, after conferring with the appointing authorities concerned, shall authorize the preparation, maintenance and revisions of a comprehensive classification plan for all positions in the classified and the classified-exempt service. The plan shall be based on an investigation and analysis of the duties and responsibilities of each position. The classification plan shall include an appropriate title for each class.

4.2. Revision of Plans. -- The Board may eliminate or modify existing classes of positions or may add new classes upon the recommendation of the Director.

4.3. Class Specifications.

4.3.a. A class specification is a general description of the kinds of work characteristic of positions properly allocated to that class and does not prescribe the duties of any position. It does not limit the expressed or implied authority of the appointing authority to prescribe or alter the duties of any position.

4.3.b. Class specifications are descriptive and are not restrictive. The fact that all of the actual tasks performed by the incumbent of a position do not appear in the specifications of a class to which the position has been allocated does not mean that the position is necessarily excluded from the class, nor shall any one example of a typical task taken without relation to the other parts of the specification be construed as determining that a position should be allocated to the class.

4.3.c. The statement of minimum qualifications expresses the lowest acceptable level of education, experience, licensure and/or professional standards generally necessary for an employee to successfully perform the required duties of positions in the job class. The use of a particular expression of qualifications, requirements, or other attributes shall not be held to exclude others not mentioned.

4.3.d. In cases of recruitment difficulties or unique position requirements, the Director, in collaboration with the appointing authority, may use his or her discretion in interpreting minimum experience, training, licensure and/or professional standards.

4.3.e. The Director shall consider class specifications as a primary source of authority for the content of examinations for the class and for the evaluation of qualifications of applicants. Supplemental job information may be used as a further basis for examinations and minimum qualification standards. Provisions for the substitution of related experience, education, or other qualifications for specific education and/or experience requirements may be made in specific examination announcements for particular positions, even though these provisions are not part of the class specification.

4.4. Classification of Positions. -- The Director has the sole authority for the classification process.

4.4.a. The Director shall consider the class specifications to determine the class to which any position shall be allocated, and give consideration to the general duties, specific tasks, and responsibilities required and relationship to other classes.

4.4.b. The classification of a position shall not be based upon the individual characteristics or performance level of the employee occupying the position nor upon the classification of other positions.

4.4.c. The Director may authorize job audits for the purpose of position classification and for maintaining the integrity of the classification system.

4.5. Position Descriptions.

4.5.a. Position description forms shall be prescribed by the Director.

4.5.b. The position description is an official record of the duties and responsibilities assigned to a position and shall be used by the Division of Personnel to allocate the position to its proper class.

4.5.c. The position description shall include a current description of specific duties, responsibilities and other pertinent information about the position as assigned by the appointing authority.

4.5.d. The position description shall not be construed in any way to limit the expressed or implied authority of the appointing authority to prescribe or alter the duties of any position.

4.5.e. Position descriptions shall be kept current by the appointing authority for each position under his or her jurisdiction. When the appointing authority significantly alters the duties and responsibilities of a position, the appointing authority shall provide a revised position description to the Director, certifying with signature its accuracy and completeness.

4.5.f. If an appointing authority fails to notify the Director of significant alterations in the duties and responsibilities of a position, the incumbent in the position may file with the Director a written request for a review of his or her position.

4.5.g. Falsification of information on position description forms may be grounds for disciplinary action.

4.6. Reclassification.

4.6.a. Upon its own initiative, or at the request of an appointing authority, the Board may reclassify positions by the creation or elimination of classes or by revision of the definition of the work. The appointing authority shall provide to the Director a current description of the duties and responsibilities assigned to each position affected.

4.6.b. The employee in the position at the time of a reclassification is entitled to continue to serve in that position, provided that the employee meets the minimum requirements. If ineligible to continue in the position, he or she may be transferred, promoted, or demoted by appropriate action in accordance with the provisions of this rule as the Director may determine to be applicable. In any case in which the incumbent is ineligible to continue in the position, and he or she is not transferred, promoted or demoted, the provisions of this rule regarding separations apply.

4.6.c. Any incumbent in a reclassified position has the right to appeal. After filing with the Director a written request for reconsideration, the employee and appointing authority shall be given a reasonable opportunity to be heard by the Director.

4.7. Position Reallocation. -- Whenever significant changes occur in the duties and responsibilities permanently assigned to a position, the Director shall reallocate the position to its proper class. The incumbent or the appointing authority may seek a reconsideration of the decision by submitting a written request to the Director within fifteen (15) working days of the notification of the decision.

4.7.a. The Director shall not reallocate a position based on temporary changes in the duties and responsibilities assigned to the position.

4.7.b. When a position is reallocated to a different class, the incumbent shall not be considered eligible to continue in the position unless he or she meets the minimum qualifications for the classification. If ineligible to continue in the position, he or she may be transferred, promoted, or demoted by appropriate action in accordance with the provision of this rule as the Director may determine to be applicable. In any case in which the incumbent is ineligible to continue in the position, and he or she is not transferred, promoted or demoted, the provisions of this rule regarding separations apply.

4.8. Temporary Classification Upgrade. -- With the approval of the Director, an appointing authority may temporarily upgrade the classification of an employee temporarily performing the duties of a position in a higher compensation range due to a separation or an extended leave of absence, for a short-term project, or in an emergency situation.

4.8.a. A temporary classification upgrade, except for classes allocated to the approved hourly pay schedule, shall be for a continuous period of no less than thirty (30) days and no more than six (6) months.

4.8.b. Classified-exempt employees may only be upgraded within the classified-exempt service. A classified employee may serve in an acting capacity on a temporary basis in an exempt and/or appointive position without loss of his or her classified status.

4.8.c. The Director, at his or her discretion, may extend the period of a temporary classification upgrade upon written request from the appointing authority justifying the need for the extension.

4.8.d. Employees in the classified service approved for temporary upgrade to a classified position shall have attained permanent status and meet the minimum requirements for the position to which they will be temporarily upgraded.

4.9. Classification Plan for the Classified-Exempt Service. -- All positions not in the classified service, with the exception of positions under the authority of the higher education systems, are included in a classification plan known as the classified-exempt service.

4.9.a. Upon the recommendation of the Director, the Board shall adopt and make effective a classification plan for the classified-exempt service.

4.9.b. Each appointing authority shall report to the Director the establishment of new positions or any material changes in the duties and responsibilities of existing positions in the classified-exempt service. The Director may at any time require the appointing authority to submit a statement of the duties and responsibilities of incumbents of any position in the classified-exempt service.

4.9.c. The Director shall allocate classified-exempt positions in the same manner as classified positions.

4.9.d. An appointing authority may request names of applicants for consideration for employment in the classified-exempt service. In no event shall a classified service vacancy be filled from a certification prepared for a classified-exempt service vacancy.

4.9.e. Any incumbent within the classified-exempt service in an allocated position has the right to appeal. After filing with the Director a written request for reconsideration, the employee and appointing authority shall be given a reasonable opportunity to be heard by the Director. The incumbent or the appointing authority may seek a reconsideration of the decision by submitting a written request to the Director within fifteen (15) working days from the notification of the decision.

Notes

W. Va. Code R. § 143-1-4