STATE OF LOUISIANA

DEPARTMENT OF STATE CIVIL SERVICE

BATON ROUGE, LOUISIANA

 

 


General Circular No. 001531

 

To:                   Heads of State Agencies and Human Resource Directors

 

Subject:         Proposed Amendments to Rules 6.6, 6.7, 6.8, 6.10, 1.11, 1.27, 6.16.3, 8.2.1 and the Adoption of Proposed Rule 6.8.1

 

Issue Date:       June 11, 2003

 

 

The State Civil Service Commission will hold a public hearing on Wednesday, August 6, 2003 to consider proposed amendments to Rules 6.6, 6.7, 6.8, 6.10, 1.11, 1.27, 6.16.3 and 8.2.1 and the adoption of Rule 6.8.1.

 

The hearing will begin at 9:00 a.m. and will be held in the auditorium of the Claiborne Building, 1201 Third Street, Baton Rouge, Louisiana.

 

Consideration will be given to the following:

 

Amend Rule 6.6 Market Grade Adjustment

 

(a) When the pay range for the grade to which a job is currently assigned is either not sufficient to compete with prevailing market conditions, or is found to exceed prevailing market rates, the Director may, in accordance with Rules 6.1 and 3.1(n), authorize the assignment of the job to a grade with a more appropriate pay range. The individual pay rate of employees occupying jobs which are affected shall be set in accordance with Rule 6.8.1.

 

(b) Repealed, as of December 4, 1989.

Explanation

 

We are proposing that the rate of pay upon a Market Grade Adjustment be governed by the proposed new Rule 6.8.1.  This change would negate the pay change upon an upward adjustment.  When the pay grade of a job is moved upward by a Market Grade Adjustment, the employee would have the benefit of a higher range maximum.  Also, if recruiting, retention, and market pay problems are severe enough to warrant a Market Grade Adjustment, the agency should use Special Entrance Rates of pay.  The implementation of Special Entrance Rates in combination with the higher range maximum from the Market Grade Adjustment will allow agencies to give salary adjustments to employees. 

 

It should also be noted that by no longer giving mandated salary increases for Market Grade Adjustments, Civil Service and the agencies will have more freedom to react to changing market conditions.

 

Amend Rule 6.7 Rate of Pay Upon Promotion

 

(a) No change.

 

(b) No change.

 

(c) No change.

 

(d) When an employee has been detailed with pay to a higher job and is promoted to that same job or a job at the same pay level or a higher pay level directly from the detail, his pay eligibility on promotion shall not be less than he received on detail.

 

(e) Subject to the provisions of subsection (f) of this rule, when an employee is promoted from a job assigned to one pay schedule to a job with a higher range maximum in another pay schedule, his pay shall be adjusted as follows:

 

1. If the maximum of the job to which he is being promoted is less than 14% above his current maximum, his pay shall be increased by 7%.

 

2. If the maximum of the job to which he is being promoted is at least 14% but less than 21% above his current maximum, his pay shall be increased at least by 7% but not to exceed 10.5%.

 

3. If the maximum of the job to which he is being promoted is equal to or greater than 21% above his current maximum, his pay shall be increased by at least 7% but not to exceed 14%.

 

(f) No change.

 

Explanation

 

The current 6.7(d) only allows an employee to retain their detail pay when they are directly promoted from the detail job into the same job title.  The change will allow an employee to keep their detail pay if they are directly promoted to a job that is at the same pay level or a higher pay level.  We have had a limited number of cases where the implementation of a job study or reorganization has resulted in an employee losing pay upon a promotion due to the current detail rule. 

 

The change to 6.7(e) will change the determination of promotion from the minimum of the job to the maximum of the job.  The maximum of the job is a truer reflection of the worth of the job than is the range minimum.

 

Amend Rule 6.8 Pay Upon Reallocation

 

When the Director changes the allocation of a position from one job to another by reallocation,

 

(a) If the job to which the position is allocated is in a higher grade in the same schedule or is in a grade with a higher maximum in another schedule, the affected employee's pay shall be set in accordance with Rule 6.7.

 

(b) Subject to the provisions of subsection (d) of this rule, if the job to which the position is allocated is in a lower grade in the same schedule or is in a grade with a lower maximum in another schedule, the affected employee's pay will not change, but shall be subject to provisions of Rule 6.15.

 

(c) Subject to the provisions of subsection (d) of this rule, if the job to which the position is allocated is in the same grade in the same schedule or is in a grade with the same maximum in another schedule, the employee's pay shall not change.

 

(d) If the position is reallocated in such a way that the current base supplement rate of pay authorized for the position is lost or reduced, the affected employee's pay shall be set no higher than his current salary and at the higher of the following:

 

1. the range maximum (this is a red circle rate) of the position from which he is being reallocated, or

 

2. within the range maximum plus the base supplement (this is not a red circle rate) authorized for the position to which he is to being reallocated.

 

Explanation

 

This change removes all references to job corrections and grade assignments.  Job corrections and grade assignments will now be governed by the new Rule 6.8.1 (see below).

Adopt Rule 6.8.1 Pay Upon Job Correction or Grade Assignment

 

When the Director assigns a job to a different grade or changes the allocation of a position from one job to another by job correction,

 

(a) If the job to which the position is job corrected is in a higher grade in the same pay schedule or is in a grade with a higher range maximum in another pay schedule, or if the job is assigned to a higher grade in the same pay schedule or to a grade with a higher range maximum in another schedule, the affected employee's pay shall not change.  An employee shall not be paid below the minimum of the higher range.

 

b) Subject to the provisions of subsection (d) of this rule, if the job to which the position is job corrected is in a lower grade in the same pay schedule or is in a grade with a lower range maximum in another pay schedule, or if the job is assigned to a lower grade in the same pay schedule or to a grade with a lower range maximum in another schedule, the affected employee's pay shall not change, but shall be subject to provisions of Rule 6.15.

 

(c) Subject to the provisions of subsection (d) of this rule, if the job to which the position is job corrected is in the same grade in the same pay schedule or is in a grade with the same range maximum in another pay schedule, or if the job is assigned to the same grade in the same pay schedule or to a grade with the same range maximum in another schedule, the affected employee's pay shall not change

 

(d) If the position is job corrected or if a job has a pay range change in such a way that the current base supplement rate of pay authorized for the position is lost or reduced, the affected employee's pay shall be set no higher than his current salary and at the higher of the following:

 

1. the range maximum (this is a red circle rate) of the position from which he is being changed, or

 

2. within the range maximum plus the base supplement (this is not a red circle rate) authorized for the position to which he is to be changed.

 

Explanation

 

This rule change removes the pay change associated with job re-evaluations (grade assignment), market grade adjustments and job corrections when the pay grade is moved up.  There are no changes to the rule regarding lateral or downward movements.   In most cases job studies are the result of either organizational changes, market changes or are requested based upon the grade movements of related jobs.  In those cases, the duties of the employee have not changed. 

 

 

 

Amend 6.10 Rate of Pay Upon Demotion

 

Subject to the provisions of Civil Service Rules 6.15 and 17.11(a) and (b) 2, when an employee is demoted for any reason under any circumstances, his pay shall be reduced as follows:

 

(a) If the demotion is to a job within the same schedule or to a job in another schedule with a lower maximum his pay shall be reduced by a minimum of 7% and may be set at a lower rate in the range provided that it is no less than the minimum.

 

(b) Repeal.

 

(c) Repeal.

(d) Subject to the provisions of Rule 6.29, an appointing authority may grant exceptions to this rule for voluntary demotions. Exceptions shall not by granted by the appointing authority in an arbitrary or fraudulent manner designed to increase an employee’s rate of pay.  An appointing authority may, as part of a formal written policy, waive a pay increase on promotion for an employee who has been demoted without a decrease in pay within a six-month period. 

 

Explanation

 

The changes to (a), (b), and (c) of this rule are necessitated by the change to multiple pay schedules.  It is no longer necessary to mandate a larger pay cut when moving from one pay schedule to another.  The change to (d) allows agencies to not pay for a promotion for an employee who has recently demoted without a pay cut.

 

Amend Rule 1.11 Demotion

 

‘Demotion’ means a change of a permanent or probationary employee from a position in one job to a position in another job which is assigned to a pay grade with a lower maximum.

 

Explanation

 

The change to this definition is necessary in due to the change in Rule 6.10.

 

Amend Rule 1.27 Promotion