Article 4 - Classification
1-4-1. Preparation of classification plan. (a) A classification plan shall be prepared by the director after determining, in cooperation with appointing authorities and principal supervisory officials, the duties and responsibilities of all positions in the classified service.
(1) The classification plan shall establish an appropriate title for each class, describe the typical duties and responsibilities of the positions in the class, and indicate the required selection criteria for performance of the duties of the class.
(2) The classification plan shall be developed and maintained in such a manner that:
(A) all positions substantially similar with respect to the kind, difficulty, and responsibility of work are included in the same class;
(B) there are required selection criteria which are applicable to all positions in a class, in addition to any selection criteria which may be applied to individual positions in a class to fulfill specific job requirements; and
(C) the same pay grade may be applied with equity to all positions in the class.
(b) The classification plan, and any amendments or revisions thereto, shall be in effect after approval by the governor, on an effective date specified by the governor.
(c) The classification plan shall be revised or amended whenever there are significant changes in organization, creation or abolition of one or more classifications, or changes in the duties or responsibilities of a classification that make revision or amendment necessary. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995.)
1-4-2. Position management. (a) Each supervisor shall structure each position to promote efficient use of the workforce and to fulfill current and future requirements, and shall accurately describe in writing the duties of the position. The supervisor shall review each subordinate position when the responsibilities of the position change, each time the position becomes vacant, and when other pertinent circumstances indicate a review is appropriate
(b) Each appointing authority shall maintain a system of position identification and control, indicating the organizational unit, location, duties, and work hours and shifts of each established position, which shall be made available to the director upon request.
(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2950 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2950 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 31, 1996; amended June 5, 2005.)
1-4-3. Position description. Each appointing authority shall ensure that a current position description is prepared and maintained for each position in the agency and that each position description accurately describes the duties and responsibilities of the position. The position description shall be signed by the supervisor, the employee, and the agency’s human resource director or other human resource official. The appointing authority shall make the position description available to the division of personnel services upon request. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2950 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2950 and 75-3746; effective May 1, 1979; amended June 5, 2005.)
1-4-4. Position analysis. Position descriptions shall be reviewed by managers, supervisors, and personnel officers or other personnel officials to determine the duties and responsibilities assigned to a particular position, its location in the organization, and the education, experience, knowledge, abilities, and skills necessary to perform successfully those duties and responsibilities. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)
1-4-5. Position allocation; delegation to appointing authority. (a) The appointing authority shall notify the director when a new position is created in the classified service. The notice shall include a statement of the duties and responsibilities that are to be assigned to the position. The position shall then be allocated by the director. Except as otherwise provided in the act or in these regulations, no person shall be appointed to, or employed in, a classified position until the position has been allocated to an established class or until the classification plan has been amended to provide for the new position.
(b) The authority to allocate positions in an agency may be delegated by the secretary of administration to the appointing authority of that agency. The delegation shall specify the classes, or group of classes, for which the authority is granted, and conditions under which the delegation is made. Any delegation of allocation authority may be modified or withdrawn by the secretary to the extent provided by K.S.A. 75-2938(c) and amendments thereto.
(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-75-2938 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended June 5, 2005.)
1-4-6. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)
1-4-7. Position reallocation. (a)(1) Upon the initiative of the director or the request of an incumbent or appointing authority, a position shall be reviewed whenever either of the following conditions is met:
(A) The organizational structure of an agency or the duties of a position are significantly changed.
(B) For any reason other than those specified in paragraph (a)(1)(A), a position appears to be allocated incorrectly.
(2) After conferring with the appointing authority, the position under review may be reallocated by the director to a different class, or the existing allocation may be retained. During the review, other positions may be reviewed and reallocated as required.
(b) Reallocations shall not be used for either of the following purposes:
(1) To avoid the provisions of regulations pertaining to layoffs, demotions, promotions, and dismissals; or
(2) to increase or decrease the pay of an employee in circumvention of the regulations pertaining to pay.
(c) Unless otherwise prescribed by the secretary of administration, an appointing authority who has been granted authority to allocate positions shall have authority to reallocate the same positions.
(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995; amended June 5, 2005.)
1-4-8. Effect of position reallocation on incumbent. (a)(1) If a position that is reallocated is filled on the date of reallocation by an employee with permanent or probationary status and if the incumbent wishes to remain in the position, the appointing authority shall, within the current pay period, appoint the incumbent to the class to which the position was allocated.
(2) If the class specification for the reallocated position requires that the person appointed to any position in that class possess a special license or certificate and the incumbent does not possess such a license or certificate, the incumbent shall not be appointed to the class to which the position was reallocated. If the reallocation of any position to a class requires that the employee possess a special license or certificate and if the incumbent does not possess that license or certificate, the reallocation may be made only after the reallocation has been approved in writing by the director.
(b) Except as provided in paragraph (a)(2), if the incumbent had permanent status at the time the position is reallocated, the appointing authority shall appoint the incumbent to the class to which the position was reallocated with permanent status, but may require the incumbent to serve a probationary period in accordance with the provisions of K.A.R. 1-7-4(b). Notice of the probationary period shall be given to the employee in writing.
(c) If the reallocation of a position occupied by an employee with permanent status is to a lower class, the appointing authority shall give the employee a written statement of the reason the position is being reallocated to a lower class.
(d) A reallocation shall not be retroactive unless authorized by the director, in writing, based on the director’s determination that failure to do so would create a manifest injustice or undue hardship on the employee whose position is being reallocated. Each determination to authorize a retroactive reallocation shall be made by the director on a case-by-case basis. The length of time for which the reallocation will be retroactive shall be determined by the director.
(e) If the incumbent was serving a probationary period in the former class, the time served on probation in the former class shall apply towards the probationary period in the new class. However, if the incumbent had permanent status, but was serving a probationary period as a result of a promotional appointment to the former class, the appointing authority may start the employee on a new probationary period. The new probationary period shall begin on the date of the appointment to the new class, and the length of the probationary period shall be the same as that provided for promotional appointments in K.A.R. 1-7-4(b).
(f)(1) If the incumbent does not wish to remain in the position upon its reallocation, the incumbent shall submit a written notice to the appointing authority within 14 calendar days of the date on which the incumbent is given a written notice of the pending reallocation. If the incumbent does not submit a written notice within that 14-day period, the incumbent shall be presumed to desire to remain in the position as reallocated.
(2) If the incumbent has submitted the written notice as provided under paragraph (f)(1) or does not qualify for the position under paragraph (a)(2), the appointing authority shall take one of the following actions in accordance with these regulations:
(A) Lay off the incumbent if the incumbent has permanent status;
(B) terminate the incumbent if the incumbent has probationary status; or
(C) appoint the incumbent to a different position on the basis of a promotion, transfer, or voluntary demotion.
(g) Different qualifications may be established by the director for those positions in a class that are subject to federal laws and regulations.
(h) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2946 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2946, 75-3707 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended October 1, 1999; amended June 5, 2005.)
1-4-9. Use of class titles. The class titles included in the classification plan, or code symbols of these titles, shall be used in all personnel, accounting, budget, appropriation, and financial records of all state agencies. No person shall be appointed to or employed in a position in the classified service under a title not included in the classification plan. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)