General Circular No. 001383

To: Heads of State Agencies and Human Resource Directors

Subject: Resolution Regarding Conditional 6.16(c) Pay Adjustments

Issue Date: December 23, 1999

 

Civil Service Rule 6.10 was revised effective January 1, 2000, as quoted below:

Rule 6.10(d) Rate of Pay Upon Demotion

      1. - (c) …
      2. Subject to the provisions of Rule 6.29, an appointing authority may grant exceptions to this rule for voluntary demotions. Exceptions shall not be granted by the appointing authority in an arbitrary or fraudulent manner.

Because there are still a number of employees who still have conditional pay rate adjustments under Civil Service Rule 6.16(c) which were effective through December 31, 1999, the State Civil Service Commission, at its December, 1999 meeting, adopted the following resolution, to be effective January 1, 2000:

Whereas, for a number of years and in many different situations, the State Civil Service Commission has authorized individual pay rate adjustments, under the provisions of Civil Service Rule 6.16(c), to allow employees to retain some or all of their salary upon demotion, and

Whereas, this pay was granted with the condition that such increases could not be used to determine pay upon subsequent promotion, reallocation, or detail to special duty upward, and

Whereas, there are employees who continue to have such conditional individual pay adjustments as part of their base pay, and

Whereas, the revised pay rules which go into effect on January 1, 2000, move decisions regarding pay upon demotion to the employee’s appointing authority,

Be it hereby resolved, effective January 1, 2000, that the condition that was placed on individual pay rate adjustments (for persons demoting), granted under Civil Service Rule 6.16(c), to limit pay increases on subsequent promotions, reallocations, or detail to special duty, is removed from any person who still has this adjustment in his or her base pay, provided that the appointing authority certifies that the first subsequent promotion, reallocation upward, and detail to special duty that such actions have not been taken in an arbitrary or fraudulent manner.

Effective January 1, 2000, this resolution allows appointing authorities to handle these situations in the same manner, regardless of the effective date. When promoting, reallocating, or detailing the applicable employees, please include the appointing authority’s certification in the Remarks section of the Standard Form 1 (SF-1) for the applicable action. Please direct any questions regarding the above to Ms. Betty Mandeville, Personnel Management Division at telephone (225) 342-8274.

Sincerely,

 

 

Allen H. Reynolds

Director