Section 39.25.150. Scope of the rules.

The personnel rules must provide for
        (1) the preparation, maintenance, and revision, by the director of personnel, subject to approval of the commissioner of administration and the personnel board, of a position classification plan for all positions in the classified and partially exempt services; the position classification plan must include
             (A) a grouping together of all positions into classes on the basis of duties and responsibilities;
             (B) an appropriate title, a description of the duties and responsibilities, training and experience qualifications, and other necessary specifications for each class of positions;
        (2) the preparation, maintenance, revision, and administration by the director of personnel of a pay plan for all positions in the classified and partially exempt services; the pay plan (A) shall be based upon the position classification plan; (B) must provide for fair and reasonable compensation for services rendered, and reflect the principle of like pay for like work; (C) may be amended, approved, or disapproved by the legislature in regular or special session; after the pay plan is in effect, a salary or wage payment may not be made to a state employee covered by the plan unless the payment is in accordance with this chapter and the rules adopted under this chapter or unless the payment is in accordance with a valid agreement entered into in accordance with AS 23.40;
        (3) the use of employee selection methods, including open competitive assessment devices, when appropriate, that will fairly evaluate the capacity and fitness of the person assessed to discharge the duties of the position in which employment is sought;
        (4) the formulation of a list for appointment and promotion to a position;
        (5) the procedure for filling positions; the rule adopted under this paragraph may include procedures providing a preference for local residents when appropriate;
        (6) promotions from within the state service when there are qualified candidates in the state service; vacancies shall be filled by promotion whenever practicable and in the best interest of the state service, and promotion shall be by competitive assessment whenever possible; in considering promotions, the applicants' qualifications, performance records, seniority, and conduct shall be evaluated;
        (7) a period of probation not to exceed one year before an appointment to a position becomes permanent, unless the period of probation is extended as set out in a collective bargaining agreement under AS 23.40; however, a permanent employee receiving a promotional appointment retains permanent status in the service and job class from which appointed for the duration of the probationary period and may be demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but, if the employee is dismissed from the service, the appeal rights under AS 39.25.170 apply;
        (8) nonpermanent and emergency appointments to positions in the state service in accordance with AS 39.25.195 - 39.25.200;
        (9) provisional appointment without competitive assessment when the recruitment and assessment procedures have not identified qualified candidates in sufficient number;
        (10) transfers from one department to another and from another merit system jurisdiction to the state service;
        (11) transfers from one area of the state to another;
        (12) the reinstatement of a person who resigns in good standing;
        (13) layoffs for reason of lack of money or work, abolition of positions, or material changes in duties or organization; both performance and seniority records shall be considered in the development of layoff orders;
        (14) the development, maintenance, and use of employee performance records;
        (15) the establishment of disciplinary measures, which may include disciplinary suspension without pay;
        (16) the procedures for review of disputed personnel actions, for resolving employee and interagency grievances, and for resolving grievances of the general public concerning the operation of the state personnel system;
        (17) hours of work for all employees in the state service;
        (18) methods and procedures covering overtime work and pay;
        (19) the granting of employment preference rights, not within the area of promotion, to a veteran, former prisoner of war, or member of the national guard under AS 39.25.159;
        (20) the employment of persons in permanent positions on a part-time basis of 15 hours or more a week, including the employment of two persons to fill one permanent full-time position; these employees shall be designated as permanent part-time employees;
        (21) the granting of employment preference to individuals with severe disabilities; this includes the right to provisional appointment without competitive assessment for periods of up to four months and the granting of eligibility to an individual with a severe disability provisionally appointed under the rules who demonstrates ability to perform the job for permanent appointment without competitive assessment; provisional employment under this paragraph may not exceed four months during a 12-month period; "individual with a severe disability," as used in this paragraph, means an individual certified by the director of the division of vocational rehabilitation to be severely disabled;
        (22) the establishment of programs facilitating the employment of disadvantaged persons;
        (23) the delegation, when feasible, of personnel responsibilities and duties to the principal departments of the executive branch;
        (24) the establishment of a transition period of up to 12 months for an employee to be reappointed to a classified position if the employee's position is withdrawn from the partially exempt or exempt service and placed in the classified service;
        (25) other rules and administrative regulations, not inconsistent with this chapter, that are necessary for its enforcement.

Authorities

15.10.105;39.25.120;39.25.155;39.25.158;39.25.159;39.27.011;44.64.040

Notes

Implemented As

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References

AS 15.10.105 Division of elections; personnel rules.
AS 39.25.120 Partially exempt service.
AS 39.25.155 Vocational substitution program.
AS 39.25.158 Reemployment rights for injured state employees.
AS 39.25.159 Employment preference for veterans and former prisoners of war.
AS 39.27.011 Salary schedule.
AS 44.64.040 Administrative law judges.

History

(Sec. 13 ch 144 SLA 1960; am Sec. 1 ch 130 SLA 1961; am Sec. 1 ch 147 SLA 1962; am Sec. 1 ch 117 SLA 1966; am Sec. 1 ch 33 SLA 1967; am Sec. 3 ch 226 SLA 1970; am Sec. 1 ch 39 SLA 1971; am Sec. 3 ch 42 SLA 1971; am Sec. 1 ch 21 SLA 1973; am Sec. 1 ch 27 SLA 1976; am Sec. 1 ch 4 SLA 1978; am Sec. 2 ch 67 SLA 1979; am Sec. 38 ch 94 SLA 1980; am Sec. 1, 2 ch 89 SLA 1982; am Sec. 14 ch 112 SLA 1982; am Sec. 1 ch 7 SLA 1987; am Sec. 2 ch 127 SLA 1988; am Sec. 1 ch 42 SLA 1990; am Sec. 4 ch 111 SLA 2000; am Sec. 1 ch 118 SLA 2002; am Sec. 5 ch 21 SLA 2009)