CHAPTER 67*
STATE PERSONNEL ACT

      Sec. 5-193. Short title: State Personnel Act. This chapter shall be known and may be cited as the "State Personnel Act".

      (1967, P.A. 657, S. 2.)

      Sec. 5-194. Construction and administration. This chapter shall be so construed and administered as to provide a uniform and equitable system of personnel administration of employees in the state service. Recruitment, selection, appointment, development, promotion, transfer, layoff, classification, compensation, discipline, separation and provision for the welfare of state employees shall be performed in a manner to secure and retain well qualified employees to carry out state programs effectively and efficiently and to provide reasonable stability of employment in the state service.

      (1967, P.A. 657, S. 3.)

      Cited. 170 C. 668. Cited. 226 C. 670.

      Sec. 5-195. Merit principles to be observed. The system of personnel administration for employees in the state service shall be based on merit principles. All appointments and promotions, except as hereinafter specified, shall be made according to merit and fitness as ascertained by examinations given in accordance with provisions of this chapter.

      (1967, P.A. 657, S. 4.)

      Annotations to former statute:

      Where an objective standard has been set up, the same standard must be used in rating all who take the examination so that each may be fairly scored. 154 C. 74.

      Examinations lead only to a place on the employment list; they are not a right to appointment. 9 CS 158.

      Annotations to present section:

      Cited. 170 C. 668. Cited. 175 C. 127.

      Sec. 5-196. Definitions. As used in this chapter, unless the context otherwise requires:

      (1) "Agency" means a department, board, institution or commission established by statute, not a part of any other department, board, institution or commission.

      (2) "Allocation" means the official assignment of a position in the classified service to the appropriate standard class of the classification plan.

      (3) "Appointing authority" means a board, commission, officer, commissioner, person or group of persons having the power to make appointments by virtue of a statute or by lawfully delegated authority.

      (4) "Candidate list" means a list of the names of persons based on merit as determined under the provisions of this chapter, which persons have been found qualified through suitable examinations for employment in positions allocated to a specified class, occupational group or career progression level.

      (5) "Class", "class of positions" or "position classification" means a position or group of positions in the state classified service established under this chapter that share general characteristics and are categorized under a single title for administrative purposes.

      (6) "Classified service" means every office or position in the state service, whether full-time or part-time, for which compensation is paid, except those offices and positions specified in section 5-198 or otherwise expressly provided by statute.

      (7) "Compensation" means the salary, wages, benefits and other forms of valuable consideration earned by and provided to an employee in remuneration for services rendered.

      (8) "Compensation schedule" or "compensation plan" means a list or lists specifying a series of compensation steps and ranges.

      (9) "Eligible" or "eligible person" means a person whose name is on a candidate list.

      (10) "Employee" or "state employee" means any person holding a position in state service subject to appointment by an appointing authority.

      (11) "Examination" means an assessment device or technique yielding scores or ratings designed to determine the fitness of candidates for positions allocated to a specified class, occupational group or career progression level.

      (12) "Full-time employee" means an employee holding a position normally requiring thirty-five hours or more of service in each week.

      (13) "Generic job class" means a job classification comprised of positions covering a diversity of assignments which are either occupationally or functionally related.

      (14) "Good standing" means the status of an employee whose employment in the state service has been terminated other than as a result of disciplinary action or during a period when disciplinary action was pending.

      (15) "Grade" or "pay grade" means a relative level, numerically expressed, to which one or more classes may be assigned according to the degree of their complexity, importance and value, and which refers to a single pay range in the compensation schedule.

      (16) "Minimum earned rating" means the lowest score or rating that entitles a candidate to pass the examination.

      (17) "Officer" or "state officer" means any person appointed to a state office established by statute, including appointing authorities.

      (18) "Part-time employee" means an employee holding a position normally requiring less than thirty-five hours of service in each week.

      (19) "Permanent appointment" means appointment to a position in the classified service following successful completion of the required working test.

      (20) "Permanent employee" means an employee holding a position in the classified service under a permanent appointment or an employee holding a position in unclassified service who has served in such a position for a period of more than six months, except employees in positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.

      (21) "Permanent position" means any position in the classified service which requires or which is expected to require the services of an incumbent without interruption for a period of more than six months, except positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.

      (22) "Position" means a group of duties and responsibilities currently assigned or designated by competent authority to require the services of one employee.

      (23) "Public member" means a member of a board or commission who does not hold any office or position in the state service.

      (24) "Reemployment list" means a list of names of persons arranged in the order prescribed by the provisions of this chapter and by regulations issued in accordance with this chapter, which persons have occupied positions allocated to any class in the classified service, and are no longer in such class and are entitled to have their names certified to appointing authorities when vacancies in such class are to be filled, in preference to those whose names are on the candidate list for such class.

      (25) "State service" means occupancy of any office or position or employment in the service of the state, but not of local governmental subdivisions thereof, for which compensation is paid.

      (26) "Temporary position" means a position in the state service which is expected to require the services of an incumbent for a period not in excess of six months.

      (27) "Unclassified service" means any office or position in the state service which is not in the classified service.

      (28) "Working test" means a trial working period made a part of the selective process under the provisions of this chapter and by regulations issued in accordance with this chapter, during which the work and conduct of the employee shall be noted by the appointing authority or his authorized agent and reported upon to determine whether such employee merits permanent appointment.

      (29) "Veteran", when used in this chapter and in section 5-180, means any person who has been honorably discharged from or released under honorable conditions from active service in the armed forces of the United States and who has performed such service in time of war, as such terms are defined in section 27-103, except that the final date for service in time of war during World War II shall be December 31, 1947.

      (30) "Managerial employee" means any person presently covered by the existing managerial compensation plan pursuant to subsection (g) of section 5-270.

      (31) "Senior executive service" means upper level career professional management positions in the executive branch to which state employees with at least five years of classified service may be appointed through objective assessment procedures. The provisions of subsections (a) and (b) of section 5-236 shall not apply to such employees.

      (32) "Career progression level" means the following career levels in which each class of positions shall be categorized as determined by the Commissioner of Administrative Services based on general job characteristics and minimum requirements for knowledge, skill and ability, including, but not limited to, education, employment history and special skills: (A) Entry, (B) working, (C) lead, (D) supervisor, and (E) manager.

      (33) "Occupational group" means broad occupational areas in which each class of positions shall be categorized as determined by the Commissioner of Administrative Services.

      (1967, P.A. 657, S. 5; P.A. 73-199; P.A. 74-338, S. 3, 94; P.A. 76-254, S. 1, 11; P.A. 78-231, S. 1, 10; 78-277, S. 4, 6; P.A. 79-621, S. 2, 24; P.A. 81-457, S. 1; P.A. 92-165, S. 3, 32; P.A. 96-168, S. 1, 34.)

      History: P.A. 73-199 redefined "permanent employee" re employees in unclassified service; P.A. 74-338 made technical changes; P.A. 76-254 replaced existing Subsec. (k) with new (k) defining "examination" and relettered former (k) and subsequent Subsecs accordingly; P.A. 78-231 added Subsec. (cc) defining "managerial employee"; P.A. 78-277 redefined "permanent employee" and "permanent position" in Subsecs. (s) and (t) to exclude employees and positions funded by federal government in employment, on-the-job training or work experience programs; P.A. 79-621 added Subsec. (dd) defining "senior civil service"; P.A. 81-457 amended Subsec. (dd) to define "senior executive service" rather than "senior civil service" and to require at least five years of classified service experience for such appointees; P.A. 92-165 redefined "class" in Subsec. (d) to mean a position or group of positions that share general characteristics and are categorized under a single title for administrative purposes, defined "candidate list" in Subsec. (j), added definitions of "career progression level" in Subsec. (ee) and "occupational group" in Subsec. (ff), and made technical changes; P.A. 96-168 changed definition indicators from letters to numbers, placed definition of "candidate list" in alphabetical order, broadened the definition of "examination", added the definition of "generic job class" and linked the definition of "managerial employee" to Sec. 5-270, effective July 1, 1996.

      See Sec. 4-9a for definition of "public member".

      Annotations to former statute:

      Assistant attorney general held to be in classified service. 133 C. 340. Cited. 143 C. 405.

      Cited. 9 CS 123; 12 CS 378; 13 CS 297.

      Annotations to present section:

      Cited. 226 C. 670.

      Subsec. (c):

      Cited. 177 C. 344. Cited. 190 C. 39.

      Subsec. (e):

      Cited. 188 C. 290. Cited. 192 C. 399.

      Subsec. (i):

      Cited. 238 C. 146.

      Subsec. (l):

      Cited. 238 C. 146.

      Cited. 28 CA 1.

      Subsec. (q):

      Cited. 238 C. 146.

      Cited. 28 CA 1.

      Subsec. (r):

      Cited. 176 C. 1.

      Subsec. (s):

      Notwithstanding designation as unclassified, employee qualified as classified under permanent appointment by virtue of six years' continuous service holding position in classified service in all but name since position not exempt from classified service under section 5-198. 176 C. 1.

      Subsec. (u):

      Cited. 175 C. 586. Cited. 188 C. 290.

      Subsec. (v):

      Cited. 170 C. 541.

      Subsec. (z):

      Cited. 170 C. 541. Cited. 188 C. 290.

      Subsec. (aa):

      Cited. 176 C. 1.

      Secs. 5-196a and 5-196b. "Commissioner" and "department" defined. "Personnel Commissioner" and "Personnel Department", terminology change. Sections 5-196a and 5-196b are repealed.

      (P.A. 73-677, S. 1; P.A. 75-519, S. 1, 7, 12; P.A. 77-614, S. 66, 609, 610.)

      Sec. 5-197. Offices in state service to be classified; exceptions. Any office or position in the state service, whether full-time or part-time, shall be a position in the classified service, except as hereinafter set forth in this chapter or otherwise specified by statute.

      (1967, P.A. 657, S. 6.)

      All services rendered by the state are not subject to the state personnel act. 166 C. 757. Cited. 176 C. 1.

      Sec. 5-198. Positions exempt from classified service. The offices and positions filled by the following-described incumbents shall be exempt from the classified service:

      (a) All officers and employees of the Judicial Department;

      (b) All officers and employees of the Legislative Department;

      (c) All officers elected by popular vote;

      (d) All agency heads, members of boards and commissions and other officers appointed by the Governor;

      (e) All persons designated by name in any special act to hold any state office;

      (f) All officers, noncommissioned officers and enlisted men in the military or naval service of the state and under military or naval discipline and control;

      (g) All superintendents or wardens of state institutions, the State Librarian, the president of The University of Connecticut and any other commissioner or administrative head of a state department or institution who is appointed by a board or commission responsible by statute for the administration of such department or institution;

      (h) The State Historian appointed by the State Library Board;

      (i) Deputies to the administrative head of each department or institution designated by statute to act for and perform all of the duties of such administrative head during such administrative head's absence or incapacity;

      (j) Executive assistants to each state elective officer and each department head, as defined in section 4-5, provided each position of executive assistant shall have been created in accordance with section 5-214;

      (k) One personal secretary to the administrative head and to each undersecretary or deputy to such head of each department or institution provided any classified employee whose position is affected by this subsection shall retain classified status in such position;

      (l) All members of the professional and technical staffs of the constituent units of the state system of higher education, as defined in section 10a-1, of all other state institutions of learning, of the Department of Higher Education, and of the agricultural experiment station at New Haven, professional and managerial employees of the Department of Education and teachers certified by the State Board of Education and employed in teaching positions at state institutions;

      (m) Physicians, dentists, student nurses in institutions and other professional specialists who are employed on a part-time basis;

      (n) Persons employed to make or conduct a special inquiry, investigation, examination or installation;

      (o) Students in educational institutions who are employed on a part-time basis;

      (p) Forest fire wardens provided for by section 23-36;

      (q) Patients or inmates of state institutions who receive compensation for services rendered therein;

      (r) Employees of the Governor including employees working at the executive office, official executive residence at 990 Prospect Avenue, Hartford and the Washington D.C. office;

      (s) Persons filling positions expressly exempted by statute from the classified service;

      (t) Librarians employed by the State Board of Education or any constituent unit of the state system of higher education;

      (u) Employees in the senior executive service;

      (v) All officers and employees of the Division of Criminal Justice;

      (w) One executive assistant to the chairman of the Office of Health Care Access, provided such position shall have been created in accordance with section 5-214;

      (x) Professional employees of the Bureau of Rehabilitation Services in the Department of Social Services;

      (y) Lieutenant colonels in the Division of State Police within the Department of Public Safety appointed on or after June 6, 1990, and majors in the Division of State Police within the Department of Public Safety appointed on or after July 1, 1999;

      (z) The Deputy State Fire Marshal in the Division of Fire, Emergency and Building Services within the Department of Public Safety;

      (aa) The chief administrative officer of the Workers' Compensation Commission;

      (bb) Employees in the education professions bargaining unit;

      (cc) Disability policy specialists employed by the Council on Developmental Disabilities; and

      (dd) The director for digital media and motion picture activities in the Connecticut Commission on Culture and Tourism.

      (1967, P.A. 657, S. 7; 1969, P.A. 336; P.A. 75-316, S. 18; P.A. 76-254, S. 2, 11; P.A. 77-573, S. 22, 30; P.A. 79-621, S. 3-5, 24; P.A. 81-457, S. 2; P.A. 82-218, S. 38, 46; P.A. 85-353; P.A. 87-397, S. 1, 2; 87-518, S. 1, 5; P.A. 88-309, S. 3, 6; P.A. 89-354, S. 1, 21; P.A. 90-325, S. 12, 32; 90-337, S. 3, 8; P.A. 92-130, S. 2, 10; P.A. 93-206, S. 2, 16; 93-262, S. 1, 87; 93-429, S. 1, 7; 93-435, S. 89, 95; P.A. 95-257, S. 39, 58; P.A. 96-168, S. 2, 34; P.A. 97-148, S. 5, 8; P.A. 99-163, S. 2, 9; P.A. 01-195, S. 5, 181; P.A. 03-19, S. 11; P.A. 05-256, S. 6; P.A. 06-135, S. 13; 06-172, S. 4.)

      History: 1969 act added Subdiv. (t) exempting state-employed librarians in education; P.A. 75-316 substituted state library board for state library committee; P.A. 76-254 amended Subdiv. (i) to allow department and institution heads more than one deputy as designated by statute, deleting provision for designation by the administrative head; P.A. 77-573 substituted "board of higher education" for "commission for higher education" and "10-322a" for reference to repealed Sec. 10-322 in Subdiv. (l); P.A. 79-621 amended Subdiv. (j) to provide exception to its provisions, amended Subdiv. (k) to provide personal secretaries for undersecretaries and deputies and added clause protecting classified employees affected by change, broadened scope of Subdiv. (r) to include executive office and Washington D.C. office employees and added Subdiv. (u); P.A. 81-457 amended Subdiv. (u) to exempt senior executive service employees rather than senior civil service employees from the classified service; P.A. 82-218 replaced board of higher education with department of higher education pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 85-353 added Subdiv. (v) exempting all officers and employees of the division of criminal justice from classified service; P.A. 87-397 added Subdiv. (w) exempting one executive assistant to the chairman of the commission on hospitals and health care from the classified service; P.A. 87-518 amended Subdiv. (j) to repeal limit on the number of executive assistants; P.A. 88-309 amended Subdiv. (l) to exempt professional employees of the vocational rehabilitation division from classified service; P.A. 89-354 deleted professional employees of the vocational rehabilitation division from Subdiv. (l) and added new Subdiv. (x) re exempting employees of the bureau of rehabilitation services from classified service, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to sixty days after the determination by the Office of Special Education and Rehabilitation Services of the United States Department of Education that (1) the department of human resources meets all applicable federal statutory and regulatory requirements to be designated as the sole state agency to administer the state plan for vocational rehabilitation services and (2) the proposed bureau of rehabilitation services within the department of human resources meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; P.A. 90-337 added new Subdiv. concerning lieutenant colonels in division of state police; P.A. 92-130 added Subdiv. (z), exempting deputy state fire marshal from classified service. ; P.A. 93-206 amended Subdiv. (z) to substitute division of fire, emergency and building services for division of fire and building safety, effective July 1, 1993; P.A. 93-262 authorized substitution of department of social services for department of human resources in Subdiv. (x), effective July 1, 1993; P.A. 93-429 and P.A. 93-435 both added Subdiv. (aa) to exempt the chief administrative officer of the workers' compensation commission from the classified service, effective July 1, 1993, and June 28, 1993, respectively; P.A. 95-257 replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; P.A. 96-168 added Subdiv. (bb) concerning employees in the education professions bargaining unit, effective July 1, 1996; P.A. 97-148 added Subdiv. (cc) re special deputy sheriffs, effective July 1, 1999; P.A. 99-163 amended Subdiv. (y) by adding majors in the State Police, effective July 1, 1999; P.A. 01-195 made a technical change for the purposes of gender neutrality in Subdiv. (i) and deleted Subdiv. (cc) re special deputy sheriffs, effective July 11, 2001; P.A. 03-19 made a technical change in Subdiv. (l), effective May 12, 2003; P.A. 05-256 added new Subdiv. (cc) to exempt disability policy specialists employed by the Council on Developmental Disabilities from classified service, effective July 1, 2005; P.A. 06-135 amended Subdiv. (l) by replacing "State Board of Education" with "Department of Education" and including managerial employees of said department, effective June 6, 2006; P.A. 06-172 added Subdiv. (dd) re the director for digital media and motion picture activities in the Connecticut Commission on Culture and Tourism.

      See Sec. 11-2 re exemption of certain state library personnel from classified service.

      Annotations to former statute:

      Assistant attorney general engaged to aid bank receiver in receiverships held not employed to make "special installation". 133 C. 340. Cited. 152 C. 568.

      "Incumbents" defined. 9 CS 123. Voting machine commissioner and trustee of the Connecticut State Hospital are exempt from the merit system. 10 CS 346. Administrative head of the Israel Putnam Camp Ground exempt under subsection (j). 12 CS 378. Cited. 13 CS 297.

      Annotations to present section:

      Cited. 176 C. 1. Cited. 192 C. 399.

      Cited. 32 CS 323.

      Subdiv. (n):

      Cited. 183 C. 128.

      Sec. 5-199. Personnel Division of Department of Administrative Services. Deputy commissioner. Section 5-199 is repealed, effective July 1, 1996.

      (1967, P.A. 657, S. 8; 1972, P.A. 123, S. 2; P.A. 73-497, S. 1, 2; 73-677, S. 3; P.A. 75-519, S. 3, 12; P.A. 77-614, S. 107, 610; P.A. 96-168, S. 33, 34.)

      Secs. 5-199a and 5-199b. Bureaus established. Deputy commissioners; qualifications; appointment; powers. Exempt positions. Sections 5-199a and 5-199b are repealed.

      (P.A. 73-677, S. 4, 5; P.A. 75-519, S. 11, 12.)

      Sec. 5-199c. Human resources strategic plan. The Commissioner of Administrative Services shall develop a human resources strategic plan for anticipating and meeting the personnel requirements of the state service. The plan shall clearly define the missions, functions and responsibilities of the Department of Administrative Services, the Office of Policy and Management and each agency with respect to personnel management and administration, shall establish long-range personnel goals and short-term strategies designed to accomplish such goals, and shall include: (1) The projected personnel requirements of the state service for a minimum period of five years; (2) an analysis of how current employees will satisfy such requirements; (3) a determination of whether and what type of retraining will be necessary to carry out state programs and provide state services; (4) a determination of whether additional hiring will be necessary; (5) the nature and scope of personnel recruitment efforts that should be conducted; (6) approaches for improving the methods of performance evaluation for state employees; and (7) approaches for improving the image of state employment and state employees as perceived by the residents of this state, potential candidates for state employment and state employees.

      (P.A. 92-165, S. 1, 32.)

      Sec. 5-199d. Role of regional community-technical colleges in training for state employees. The Department of Administrative Services or any other state agency which seeks to contract for training for their employees shall, prior to entering into a contract, contact the chancellor of the regional community-technical colleges, or his designee, to determine if an appropriate training program exists or can be designed at a regional community-technical college. Nothing in this section shall preclude an agency from considering or choosing other providers to meet such training need.

      (P.A. 96-190, S. 4, 8.)

      History: P.A. 96-190 effective July 1, 1996.

      Sec. 5-200. State personnel and employment policies. Powers and duties of the Commissioner of Administrative Services. Regulations. Personnel administration services for municipalities or other political subdivisions of the state. (a) The Commissioner of Administrative Services or his authorized agent shall administer centralized and decentralized selection programs that will identify those applicants most qualified for appointment to or promotion in the state classified service, and establish candidate and reemployment lists for the various classes of positions within occupational groups and career progression levels. Upon a request from any appointing authority or indication of the need for additional employees, as evidenced by the presence of a temporary or provisional employee or by a request for certification of a temporary employee in any class, the commissioner or his designee shall certify the names of persons eligible for employment or reemployment. The commissioner shall: (1) Install and administer service-rating systems; (2) devise plans for, and cooperate with, appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved; (3) conduct research into methods of selection, service ratings and other problems of personnel administration; (4) arrange for and, in cooperation with appointing authorities, effect transfers; (5) cooperate with appointing authorities in employee recruitment programs; (6) administer annual sick and special leaves of absence and hours of work and attendance in accordance with the provisions of this chapter and any regulations relating thereto; (7) establish personnel standards, governing promotions, classifications, reclassifications and the creation of positions, that will provide guidance to all agencies in matters of personnel management and serve as a means to evaluate agency performance in conducting personnel management; and (8) see that all appointments, promotions, layoffs, demotions, suspensions, removals and retirements are made in accordance with the applicable provisions of the general statutes and regulations issued pursuant thereto. The commissioner may fully or partially delegate the responsibilities set forth in this subsection to the heads of state agencies or their authorized agents, subject to audit, in order to improve human resource management.

      (b) The commissioner shall review position classifications in accordance with subsection (c) of section 5-206.

      (c) The commissioner shall cause to be kept for the classified service suitable records of (1) regulations adopted under this chapter, (2) classifications of positions, occupational groups, career progression levels and schedules of compensation provided for under this chapter, (3) standards for examining qualifications and measuring service, (4) examinations conducted and candidate and reemployment lists established, and (5) provisional and temporary appointments and other official acts.

      (d) The commissioner shall prescribe procedures for reports to be submitted to him.

      (e) The commissioner shall establish and maintain a complete roster of the employees and officers in the state service, whether under the classified service or not, showing for each such employee the title of the position held, his departmental, agency or institution assignment, rate of compensation, date of appointment and each change in his status, including any increase and decrease in pay, change in title, transfers or other facts which the commissioner considers desirable and pertinent.

      (f) The commissioner shall prescribe reasonable conditions and procedures under which the records of the Department of Administrative Services shall be open to public inspection during usual business hours, except as provided in section 5-225. He shall take all due precautions to prevent the securing in advance by any unauthorized person of any material to be used in any examination under this chapter, unless such material is available for all applicants. Statements of the former employers of applicants shall be considered confidential and shall not be open to inspection by any person.

      (g) The commissioner and his agents shall have free access to premises and records under the control of all officers, appointing authorities and other state employees during usual business hours and shall be furnished such facilities, assistance and information as he and his agents require in carrying out their functions. This subsection shall not apply to the medical records of state employees, unless the employee gives his consent or unless the information sought is necessary to assure adjudication of any responsibility on the part of the state or unless medical interpretations of preemployment and other examinations are requested by the commissioner.

      (h) (1) The commissioner shall, after completion of all established preliminary procedures necessary to prepare new and revised regulations, print and provide current and complete personnel regulations to all state agencies and to recognized state employee organizations. (2) New and revised regulations prepared as the result of legislative changes or development of new policies shall be processed in accordance with established procedures within a period of time not less than six months from their effective date and distributed in the same manner.

      (i) The commissioner may designate any two or more of his staff to serve as a hearing panel with respect to any matter before the commissioner. The commissioner and any hearing panel shall have the power to make investigations, inquiries and hold hearings. Any such panel shall report and may submit recommendations to the commissioner but shall have no other power except as otherwise specified in this chapter.

      (j) The commissioner shall issue such regulations as he may find necessary or appropriate for the administration of personnel pursuant to the provisions of this chapter.

      (k) The commissioner shall, subject to the approval of the Secretary of the Office of Policy and Management, establish compensation schedules or plans pertaining to all state employees except employees of the Judicial and Legislative Departments and employees whose compensation is prescribed by statute. The commissioner shall prescribe higher compensation for work performed under less desirable conditions or at less desirable hours.

      (l) The commissioner shall establish classes of positions, occupational groups and career progression levels for all state employees holding positions in the classified service.

      (m) The commissioner shall maintain current compensation schedules pertaining to all employees specified in subsection (k) of this section and a comprehensive plan of position classifications pertaining to all employees specified in subsection (l) of this section.

      (n) Any interested employee or his representative or any appointing authority may submit to the commissioner written data, views or arguments or a request for a hearing in regard to specified position classifications or allocation of a class of positions to the compensation schedule. Within two months after the commissioner shall have received such data, views or arguments or shall have held any requested hearing, he shall forward to such employee, representative or appointing authority his written decision thereon, together with all written materials submitted to him by the interested employee or his representative and such other information as he considers appropriate.

      (o) The commissioner may at any time establish, abolish, divide or combine classes of positions and allocation of classes of positions to the compensation schedule. Any such action having a fiscal impact must be approved by the Secretary of the Office of Policy and Management. The commissioner may at any time, subject to the approval of the Secretary of the Office of Policy and Management, amend or repeal any portion of any compensation schedule. The commissioner need not conduct any investigation or hearing prior to any such action.

      (p) When such authority is not otherwise conferred by statute, the commissioner may issue orders to provide that (1) executive or judicial branch employees exempt from the classified service or not included in any prevailing bargaining unit contract, except unclassified employees of any board of trustees of the constituent units of higher education, be granted rights and benefits not less than those granted to employees in the classified service or covered under such contracts, or (2) retirement benefits for state employees exempt from the classified service or not included in any prevailing bargaining unit contract and employees of state-aided institutions, as defined in section 5-175, be adjusted to provide retirement benefits for such employees which are the same as those most frequently provided under the terms of approved bargaining unit contracts in effect at the time of such adjustment. When such authority is not otherwise conferred by statute, the board of trustees of any constituent unit of the state system of higher education may issue orders to provide that the unclassified employees of such board be granted rights and benefits not less than those granted to employees of the board who are covered under a prevailing bargaining unit contract. Where there is a conflict between an order granting such rights and benefits and any provision of the general statutes, such order shall prevail. Such orders shall be subject to the approval of the Secretary of the Office of Policy and Management. If the secretary approves such order, and such order is in conflict with any provision of the general statutes, the secretary shall forward a copy of such order to the joint committee of the General Assembly having cognizance of labor matters.

      (q) Commencing November 1, 1989, elected officials and employees in the legislative branch and elected officials in the executive branch shall be granted rights and benefits equal to those granted to employees in the classified service covered under a prevailing collective bargaining agreement negotiated in accordance with subdivision (1) of subsection (f) of section 5-278.

      (r) When requested by the appropriate appointing authority, the commissioner shall establish classes of positions for employees holding positions in the unclassified service and shall establish compensation schedules pertaining to employees of the Judicial and Legislative Departments, subject to the approval of the Secretary of the Office of Policy and Management.

      (s) The commissioner and any municipality or other political subdivision of the state may enter into an agreement whereby the Department of Administrative Services shall provide such personnel administration services as may be requested by such municipality or political subdivision. Such agreement shall provide for the payment by such municipality or political subdivision, to the commissioner, of expenses incurred in the provision of such personnel services. All payments received by the commissioner pursuant to this section shall be deposited in the General Fund and credited to the appropriations of the Department of Administrative Services in accordance with the provisions of section 4-86.

      (t) Notwithstanding the provisions of this chapter, any matters involving collective bargaining shall be the responsibility of the Secretary of the Office of Policy and Management.

      (1967, P.A. 657, S. 9; S.A. 73-56, S. 11, 12; P.A. 76-254, S. 3, 11; P.A. 77-614, S. 108, 610; P.A. 79-621, S. 1, 24; P.A. 80-266, S. 2, 3; 80-456, S. 1, 2; P.A. 81-11, S. 1-3; 81-328; P.A. 83-418; P.A. 85-360, S. 2, 3; P.A. 92-165, S. 4, 32; P.A. 96-168, S. 3, 34; P.A. 00-77, S. 2, 7; May Sp. Sess. P.A. 04-2, S. 6; P.A. 05-288, S. 36.)

      History: S.A. 73-56 added Subsec. (o) re pay increases for 1973-1974 fiscal year; P.A. 76-254 changed from thirty days to two months the time for commissioner to make recommendations in Subsec. (k); P.A. 77-614 extensively revised provisions, transferring duties for personnel administration from personnel policy board to commissioner of administrative services, deleting former Subsecs. (a) to (d), inclusive, and (o), inserting new Subsecs. (a) to (i), inclusive, and relettering remaining Subsecs. accordingly, and requiring approval of certain actions by the secretary of the office of policy and management; P.A. 79-621 amended Subsec. (r) clarified provisions regarding award of rights and benefits granted classified service employees and employees included in collective bargaining contract to those not in classified service or included in contracts; P.A. 80-266 repealed Subsec. (f); P.A. 80-456 included retirement benefits in Subsec. (r); P.A. 81-11 amended Subsec. (n) to require the commissioner of administrative services to maintain current compensation schedules rather than establishing a comprehensive compensation schedule, repealed Subsec. (o) and deleted reference to Subsec. (o) provisions as having bearing on amendment or repeal of compensation schedules in Subsec. (q); P.A. 81-328 added Subsec. (t) allowing the state to provide personnel testing services to municipalities; P.A. 83-418 amended Subsec. (r) to permit the board of trustees of any constituent unit of the state system of higher education to grant rights and benefits to its unclassified employees which are at least equal to those granted to employees in a bargaining unit; P.A. 85-360 amended Subsec. (a) to delete reference to employee suggestion award programs; P.A. 92-165 added provisions re occupational groups, career progression levels and candidate lists, provided that the commissioner, acting through the personnel division, shall certify the names of persons eligible for employment or reemployment, required the commissioner to establish personnel standards, deleted provisions requiring records of certifications of eligibles to appointing authorities, relettered Subdivs. and made technical changes; P.A. 96-168 amended Subsec. (a) to permit the commissioner to delegate to his authorized agent, designee or heads of state agencies and changed duties of commissioner from examining and passing upon applicants to administration of selection programs to identify qualified applicants and amended Subsec. (o) to require approval of the Secretary of the Office of Policy and Management for certain actions having a fiscal impact, effective July 1, 1996; P.A. 00-77 added new Subsec. (s) re responsibility of the Secretary of the Office of Policy and Management for collective bargaining, effective May 16, 2000; May Sp. Sess. P.A. 04-2 inserted new Subsec. (q) re rights and benefits of executive and legislative branch elected officials and legislative branch employees, redesignating existing Subsecs. (q) to (s), inclusive, as Subsecs. (r) to (t), inclusive, effective May 12, 2004; P.A. 05-288 made technical changes in Subsec. (n), effective July 13, 2005.

      Cited. 165 C. 448. Cited. 239 C. 638. Cited. 240 C. 246.

      Subsec. (k):

      Cited. 226 C. 670.

      Subsec. (o):

      Cited. 226 C. 670.

      Subsec. (p):

      Cited. 226 C. 670.

      Subsec. (r):

      Cited. 226 C. 670.

      Sec. 5-200a. Job evaluations in classified and unclassified state service. Evaluation committees. Rating of jobs. Advisory committee. Modification of compensation. Reports to General Assembly. Exclusion of certain unclassified positions. (a) The Commissioner of Administrative Services, with the assistance of a consultant and project coordinator as required, and utilizing such studies as may be available to said commissioner, shall adopt and implement a system for evaluating classifications in state service, excluding classes covered by section 5-198. Based on the two-phase recommendation of the pilot study produced pursuant to the mandate of special act 79-72, the Department of Administrative Services shall, as necessary, review and make appropriate revisions to the classification system for all jobs within all job families in state employment which are subject to evaluation, and shall evaluate such classifications in state service on the basis of objective job-related criteria and in conformance with procedures and techniques recommended by the commissioner. Said objective, job-related criteria shall include but not be limited to: (1) Knowledge and skill required to carry out the duties of the position, (2) effort, both mental and physical, and (3) accountability. Evaluation committees which are representative of management and employees in the occupations being evaluated shall be formed for the purposes of this section. Utilizing the job evaluation system, the commissioner shall determine ratings for jobs through assignment of factor values and shall, on January 1, 1982, and each January first thereafter, make a progress report and report all findings, including comparative job ratings, to the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees. An advisory committee representing various interested parties shall advise the Department of Administrative Services in performing this work. No modification of compensation shall be required by such ratings. Ratings may be a consideration in setting salaries, subject to the provisions of chapter 68 for classes included under collective bargaining. The job evaluation process shall include system selection, testing and training of raters. During the fiscal year ending June 30, 1982, up to seven hundred classes shall be evaluated, including those classes studied pursuant to special act 79-72 and this section, as in effect prior to July 1, 1981, and such other classes as may provide a representative sample of the classifications in state service. The commissioner shall report the preliminary findings with regard to such a sample by March 1, 1982, to the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees. In each succeeding year the commissioner shall, within available appropriations, evaluate up to seven hundred classes a year and report the findings of such evaluation to the cochairpersons of said committee.

      (b) The Commissioner of Administrative Services, with the assistance of a consultant and project coordinator as required, and utilizing such studies as may be available to the commissioner, shall adopt and implement a system for a full classification and job evaluation study of all unclassified positions in state service, as described in section 5-198, currently held or to be held by employees in collective bargaining units. The commissioner shall conduct such evaluations in accordance with the provisions of subsection (a) of this section.

      (c) Notwithstanding the provisions of subsection (b) of this section, (1) studies of unclassified employees conducted as negotiated under collective bargaining agreements shall be implemented and funded in conjunction with studies completed under subsection (a) of this section, and (2) on or before August 1, 1987, any exclusive bargaining representative may notify the commissioner, in writing, of those unclassified positions in the particular bargaining unit which shall be excluded from the study conducted pursuant to subsection (b) of this section.

      (d) Any unclassified position may be excluded from the study conducted pursuant to subsection (b) of this section if (1) the inclusion of such position in the study is not deemed to be feasible by the feasibility study mandated by special act 86-51 and (2) the commissioner and the exclusive bargaining representative mutually agree to exclude such position.

      (P.A. 80-357, S. 1, 3; P.A. 81-380, S. 1, 3; P.A. 87-407, S. 2, 5.)

      History: P.A. 81-380 restated requirements re objective evaluation of all jobs in state service specifically excluding positions listed in Sec. 5-198 as exempt from the classified service and requiring that up to seven hundred job classes be evaluated each fiscal year and that annual progress reports be given to the cognizant general assembly committee and deleted previous provisions describing in detail the two-phase recommendations which form basis of evaluation; P.A. 87-407 added Subsecs. (b), (c) and (d), establishing a study of unclassified positions and allowing for the exclusion of positions from the study.

      Sec. 5-200b. Reclassification of state employees by Commissioner of Administrative Services. Any state employee who is being reclassified upward to a competitive or noncompetitive class in state service may be allocated to the higher classification without examination by the Commissioner of Administrative Services if the reclassification results from a survey of all positions in an occupational series or all classes of a bargaining unit and the employee possesses the minimum experience and training requirements for the new class and has permanent status in the present class.

      (P.A. 87-253, S. 1, 5.)

      Sec. 5-200c. Elimination of wage inequities in state service. (a) Commencing with the fiscal year ending June 30, 1988, and each fiscal year thereafter, the General Assembly shall appropriate sufficient funds to the reserve for salary adjustments account in the annual appropriations act for such fiscal year to be designated for use in eliminating inequities, including sex-based inequities, within and between all job families in the wages paid for state service, as identified by the findings of (1) the objective job evaluation process conducted by the Commissioner of Administrative Services pursuant to section 5-200a, (2) objective job evaluation studies of unclassified employees, and (3) other studies negotiated under collective bargaining agreements. Inequities shall not be eliminated through the downgrading of any job classification or salaries. Extraordinary variations in compensation in relation to point values assigned by such studies shall not necessarily be used as a basis for upgradings of any job classifications or salaries and shall be a subject for collective bargaining. Such funds shall be distributed in a manner to be determined by collective bargaining. All such wage inequities shall be eliminated by July 1, 1995.

      (b) Upon the completion of the studies referred to in subdivisions (2) and (3) of subsection (a) of this section and the implementation of the results of such studies, collective bargaining negotiations concerning wage changes as a result of objective job evaluations shall commence not later than April 1, 1993. Notwithstanding the provisions of subsection (a) of section 5-278, such negotiations shall be conducted between the employer, as defined in subsection (a) of section 5-270, and a coalition committee which represents all state employees who are members of any designated employee organization. The results of any such negotiations shall be implemented as of July 1, 1995. All wage inequities shall be deemed to have been eliminated upon the implementation of such results. Nothing in this subsection shall be deemed to affect any appeal related to any objective job evaluation studies previously taken or allowed or any litigation pending on June 25, 1991, or to prohibit the continued use of a point factor value system for the evaluation of newly created job classifications.

      (P.A. 87-407, S. 1, 5; P.A. 91-321, S. 1, 2; June Sp. Sess. P.A. 92-4, S. 1, 2; P.A. 93-12, S. 1, 3.)

      History: P.A. 91-321 designated existing section as Subsec. (a), changed the date for the elimination of wage inequities from June 30, 1991, to June 30, 1993, and added Subsec. (b) re collective bargaining negotiations concerning wage changes as a result of objective job evaluations; June Sp. Sess. P.A. 92-4 extended the date by which wage inequities are required to be eliminated from June 30, 1993, to June 30, 1994, extended the date by which collective bargaining negotiations concerning wage changes are required to commence from July 1, 1992, to April 1, 1993, and extended the date by which results of such negotiations are required to be implemented from July 1, 1993, to July 1, 1994; P.A. 93-12, effective March 31, 1993, extended the date by which wage inequities are required to be eliminated from June 30, 1994, to July 1, 1995, and extended the date by which the results of negotiations concerning wage changes are required to be implemented from July 1, 1994, to July 1, 1995.

      Sec. 5-200d. Automated personnel system. Section 5-200d is repealed, effective July 13, 2005.

      (P.A. 92-165, S. 5, 32; P.A. 05-287, S. 57.)

      Sec. 5-201. Employees' Review Board. (a) There shall be an Employees' Review Board consisting of seven members, at least one of whom shall be an attorney with experience in administrative or labor law. Each member first appointed on or after July 1, 1987, shall have substantial current experience as an impartial arbitrator of labor-management disputes. On or after January 1, 1980, the Governor shall appoint five persons to serve as members of the board for terms of three years from January 1, 1980, or until their successors are appointed. On or after January 1, 1983, and quadrennially thereafter, the Governor shall appoint five persons to serve as members of the board for terms of four years from the first day of January preceding such appointment or until their successors are appointed. On or after July 1, 1987, and quadrennially thereafter, the Governor shall appoint two persons to serve as members of the board for terms of four years from the first day of July preceding such appointment or until their successors are appointed. No member shall serve more than two consecutive terms. No member of the board shall be an employee of the state. The Governor shall designate one member of the board to serve as chairperson. The Governor shall fill any vacancy in the membership of the board for the unexpired portion of a term and may remove any member as provided in section 4-12. Each member of the board shall be paid at the prevailing rate as approved by the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management for each day of service in lieu of expenses and shall hold office until a successor is appointed. A quorum of the board shall consist of three members. The board shall be within the Department of Administrative Services for administrative purposes only.

      (b) The board shall hear and act upon appeals filed with it in accordance with section 5-202. The board, or any three of its members designated by the board, may serve as a hearing panel and render a decision. The board or hearing panel shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of records, papers and documents and to make investigations and hold hearings concerning any appeal presented to the board in accordance with this chapter or regulations issued pursuant thereto. Hearings shall be open to the public except that a hearing panel may conduct a closed hearing upon request of the aggrieved employee. The board shall adopt as a regulation, in accordance with the provisions of chapter 54, rules of procedure for hearings.

      (1967, P.A. 657, S. 10; P.A. 79-621, S. 6, 24; P.A. 87-456, S. 1, 6.)

      History: P.A. 79-621 replaced personnel appeal board with employees' review board, increased membership from five to nine, specified qualifications for members, revised appointment procedure, clarified powers and duties re hearings and placed board within department of administrative services for administrative purposes; P.A. 87-456 increased membership on the board from five to seven members, required members appointed after July 1, 1987, to have experience as an impartial arbitrator, limited members to no more than two consecutive terms, and provided that members shall be paid at the prevailing rate as determined by the commissioner of administrative services and the secretary of the office of policy and management.

      See Sec. 4-38f for definition of "administrative purposes only".

      Cited. 170 C. 541. Cited. 231 C. 391. Cited. 239 C. 638. Cited. 240 C. 246.

      Subsec. (b):

      Cited. 177 C. 344.

      Sec. 5-201a. Relation of Personnel Appeal Board to the department. Section 5-201a is repealed.

      (P.A. 74-336, S. 2; P.A. 77-614, S. 109, 610; P.A. 81-472, S. 158, 159.)

      Sec. 5-202. Individual and group appeals. (a) Any employee who is not included in any collective bargaining unit of state employees and who has achieved a permanent appointment as defined in subdivision (19) of section 5-196 may appeal to the Employees' Review Board if such employee receives an unsatisfactory performance evaluation or is demoted, suspended or dismissed, or is aggrieved as a result of alleged discrimination, or unsafe or unhealthy working conditions or violations involving the interpretation and application of a specific state personnel statute, regulation or rule. Such employee must have complied with preliminary review procedures, except as otherwise provided in subsection (l) of this section. Such an appeal shall be submitted to the board not later than thirty days from the completion of the final level of the preliminary review procedure, provided the first level of the procedure shall have been initiated no later than thirty calendar days from the date of the alleged violation, except that in cases of dismissal, demotion or suspension the grievance must be submitted directly to the third level of the procedure and shall have been initiated no later than thirty calendar days from the effective date of such action.

      (b) Any group of employees that is not included in any collective bargaining unit of state employees may file an appeal as a group directly with the Employees' Review Board if such group of employees is laid off or dismissed, or is aggrieved as a result of alleged discrimination, or unsafe or unhealthy working conditions or violations involving the interpretation and application of a specific state personnel statute, regulation or rule, provided each member of such group (1) is appealing the same or a similar issue, as determined by the Employees' Review Board, (2) is a permanent employee, as defined in subdivision (20) of section 5-196, and (3) has achieved a permanent appointment, as defined in subdivision (19) of section 5-196. Such an appeal shall be submitted to the board not later than thirty calendar days from the specific incident or effective date of action giving rise to such appeal.

      (c) Upon receiving an appeal, the board shall assign a time and place for a hearing and shall give notice of such time and place to the parties concerned. The hearing panel shall not be bound by technical rules of evidence prevailing in the courts. If, after hearing, a majority of the hearing panel determines that the action appealed from was arbitrary or taken without reasonable cause, the appeal shall be sustained; otherwise, the appeal shall be denied. The hearing panel shall have the power to direct appropriate remedial action and shall do so after taking into consideration just and equitable relief to the employee or group of employees and the best interests and effectiveness of the state service. The hearing panel shall render a decision not later than sixty calendar days from the date of the conclusion of the hearing.

      (d) The employee or group of employees in any such case shall be furnished, upon request, with a copy of the transcript of the proceedings before the board. The chairman of the board shall establish a fair and reasonable fee per page to be charged for such transcript which fee shall not exceed the fee per page for a transcript charged by court reporters for the judicial district of Hartford.

      (e) Not later than ten days from the issuance date of a decision by a hearing panel sustaining an appeal, the appointing authority of the employee shall take such measures as are necessary to comply with the remedial action directed by the hearing panel.

      (f) An employee or group of employees laid off or dismissed by reason of economy, lack of work, insufficient appropriation, change in departmental organization or abolition of position may file an appeal with the board only on the grounds that the order of layoff or dismissal has not been determined in accordance with the provisions of section 5-241, provided (1) such employee has initiated the third level of the preliminary review procedure not later than thirty calendar days from the effective date of such layoff or dismissal, or (2) such group of employees submits such appeal to the board not later than thirty calendar days from the effective date of the layoff or dismissal.

      (g) All matters involving examination, including application rejection, type of examination or results, compensation for class or classes, establishment of a new class or classes, classification of a position, occupational group or career progression level, compliance with health and safety standards and the Connecticut Occupational Safety and Health Act or alleged discrimination in cases where an appeal has been filed with the Commission on Human Rights and Opportunities, shall not be appealable under this section.

      (h) The first level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section other than dismissal, demotion or suspension shall be the aggrieved employee's supervisor or department chief or other employee as designated by the employee's appointing authority. Such aggrieved employee shall present the employee's grievance in writing on a form developed by the Secretary of the Office of Policy and Management and the Employee Review Board which form shall contain a statement of the date the alleged violation occurred and the relief sought in answer to the grievance. The first level designee shall give said designee's answer to such employee not later than seven calendar days from the date the grievance is submitted to said designee or not later than seven days from the date of a meeting convened for the purpose of reviewing the grievance, in which case such meeting shall be convened not later than seven calendar days from the date the grievance is submitted.

      (i) The second level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section other than dismissal, demotion or suspension shall be the aggrieved employee's appointing authority or designated representative. Such employee, upon receiving a response at the first level which the employee deems to be unsatisfactory, may proceed to this level by presenting the same form containing the first level answers not later than seven calendar days from the date the answer was given at the first level. The appointing authority or designated representative shall answer such employee not later than seven calendar days from the date the grievance is received or not later than seven calendar days from the date of a meeting convened for the purpose of reviewing such grievance, in which case such meeting shall be convened not later than seven calendar days from the date such grievance is received.

      (j) The third level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section including dismissal, demotion or suspension shall be the Secretary of the Office of Policy and Management or the secretary's designated representative. The employee, upon receiving a response at the second level which the employee deems to be unsatisfactory, may proceed to this level by presenting the same form containing the first and second level answers not later than seven calendar days from the date the answer was given at the second level, except in the case of a dismissal, demotion or suspension in which case such employee must present the form, completed but without answers at lower levels not later than thirty calendar days from the effective date of such action. The Secretary of the Office of Policy and Management or the secretary's designated representative shall reply to such employee not later than thirty calendar days from the date such grievance is received or not later than fifteen calendar days from the date of a meeting convened for the purpose of reviewing such grievance, in which case such meeting shall be convened not later than thirty calendar days from the date such grievance is received.

      (k) Employees shall be entitled to have representation of their own choosing at any or all levels of the review or appeal procedure. No verbatim records shall be required in the preliminary procedure and no oaths or affirmations shall be administered.

      (l) Any state officer or employee, as defined in section 4-141, or any appointing authority shall not take or threaten to take any personnel action against any state employee or group of state employees in retaliation for the filing of an appeal with the Employees' Review Board or a grievance with any level of the preliminary review procedure pursuant to this section. An employee or group of employees alleging that such action has been threatened or taken may file an appeal directly with the board not later than thirty days from knowledge of the specific incident giving rise to such claim.

      (m) Either the Secretary of the Office of Policy and Management or any employee or group of employees aggrieved by a decision of the Employees' Review Board may appeal from such decision in accordance with section 4-183. The board may intervene as a party in any appeal of its decision. Any employee or group of employees who prevails in a decision of the Employees' Review Board shall be entitled to recover court costs and reasonable attorney's fees if such decision is appealed by the Secretary of the Office of Policy and Management and affirmed by the court in such appeal.

      (1967, P.A. 657, S. 11; 1969, P.A. 658, S. 1, 2; 1971, P.A. 98; P.A. 77-614, S. 66, 67, 610; P.A. 78-280, S. 2, 5, 6, 127; P.A. 79-621, S. 7, 24; P.A. 80-57, S. 3; P.A. 86-51; P.A. 87-456, S. 2, 6; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 92-165, S. 6, 32; P.A. 93-142, S. 4, 7, 8; P.A. 94-194; P.A. 95-220, S. 4-6; June Sp. Sess. P.A. 98-1, S. 43, 121; P.A. 00-77, S. 3-5, 7; P.A. 04-118, S. 1.)

      History: 1969 act amended Subsec. (a) by adding proviso that preliminary grievance procedures be initiated within thirty days of grievance occurrence and repealed Subsec. (g); 1971 act added new Subsec. (d) re transcripts and relettered remaining Subsecs. accordingly; P.A. 77-614 replaced personnel commissioner and personnel policy board with commissioner of administrative services; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; P.A. 79-621 extensively revised appeal and preliminary procedures, providing for appeal to employees' review board rather than personnel appeal board, omitting Subsec. (b) and relettering remaining Subsecs. accordingly and adding new Subsecs. (g) to (j), inclusive; P.A. 80-57 changed times for initiating third level of procedure in Subsec. (e) and for presenting completed form in Subsec. (i) from ten to twenty-one days in both cases; P.A. 86-51 added Subsec. (k), protecting state employees and officers against retaliatory personnel action due to their filing of an appeal or grievance under this section; P.A. 87-456 amended Subsec. (a) to allow appeals to the board by an employee who receives an unsatisfactory performance evaluation, and added Subsec. (l) allowing aggrieved parties to appeal in accordance with Sec. 4-183 and providing for the recovery of court costs and attorney's fees; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 92-165 added "occupational group or career progression level" to Subsec. (f); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-194 in Subsec. (a) added a reference to "rule", to indicate a specific application to a statute or regulation, changed from "ten" to "thirty" the number of days of the completion of the final level of the preliminary review procedure, increased from "twenty-one" to "thirty" the times for initiating third level of procedure in Subsec. (e) and for presenting completed form in Subsec. (i), in Subsec. (f) made a reference to "classification of a position", made a reference in Subsec. (l) to the "commissioner of administrative services" in lieu of "the state", and allowed the board to intervene as a party in any appeal of its decisions (Revisor's note: An obsolete reference in Subsec. (f) to "Human Rights Commission" was changed editorially by the Revisors to "Commission on Human Rights and Opportunities"); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a) by correcting a statutory reference, effective June 24, 1998; P.A. 00-77 amended Subsecs. (g), (i) and (l) by substituting the Secretary of the Office of Policy and Management for the Commissioner of Administrative Services and made technical changes in Subsecs. (g) and (i), effective May 16, 2000; P.A. 04-118 added new Subsec. (b) to allow group appeals by certain nonunionized state employees aggrieved by same or similar issue, redesignated existing Subsecs. (b) to (l), inclusive, as Subsecs. (c) to (m), inclusive, amended Subsecs. (c), (d), (f), (l) and (m) to make procedures for group appeals consistent with procedures for individual appeals and made technical changes throughout.

      Annotations to former statute:

      Cited. 133 C. 336. Authority of personnel appeal board. 134 C. 23. Cited. 135 C. 442. Merit system act does not permit court appeal from decision of appeal board and, if board acts within scope of its delegated authority and honestly and fairly exercises its judgment in performing its function, mandamus is not available to review action. 150 C. 162. Cited. 157 C. 129; 160 C. 176.

      Cited. 9 CS 123. Act not destroyed because there is no outlined procedure for appeal. 12 CS 450. Cited. 13 CS 297. Board may hear case of employee demoted in violation of section 5-85. 14 CS 395. Cited. 15 CS 336. Resignation is not a demotion, suspension or firing. 16 CS 110. Cited. 17 CS 282.

      Cited. 3 Conn. Cir. Ct. 389.

      Annotations to present section:

      Cited. 176 C. 1. Cited. 202 C. 670. Cited. 231 C. 391. Cited. 239 C. 638. Cited. 240 C. 246.

      Cited. 31 CS 186. Cited. 36 CS 297.

      Subsec. (a):

      Cited. 170 C. 541. Cited. 186 C. 198. Disparate treatment of managerial employees and employees subject to collective bargaining is not a form of discrimination within review board's jurisdiction under section. 226 C. 670.

      Subsec. (c):

      State employee cannot be dismissed arbitrarily or without reasonable cause. 170 C. 668. Order conditioning reinstatement on physician's favorable report determined to be "appropriate remedial action". 174 C. 519.

      Hearing panel's decision not invalid because untimely. 30 CS 333. Cited. 35 CS 45.

      Subsec. (f):

      Cited. 226 C. 670. P.A. 94-194 cited. 239 C. 638. P.A. 94-194 clarified existing law and necessarily has retroactive effect. Id.

      Subsec. (g):

      Cited. 226 C. 670.

      Subsec. (h):

      Cited. 226 C. 670.

      Subsec. (i):

      Cited. 226 C. 670.

      Subsec. (l):

      Cited. 226 C. 670.

      Sec. 5-203. Reports to Commissioner of Administrative Services of personnel changes. Each appointment, transfer, promotion, demotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty or other temporary or permanent change in the status of any employee in the classified service shall be reported to the Commissioner of Administrative Services at such time, in such form and together with such supporting or other pertinent information as he prescribes.

      (1967, P.A. 657, S. 12; P.A. 77-614, S. 66, 610.)

      History: P.A. 77-614 substituted commissioner of administrative services for personnel commissioner.

      Cited. 175 C. 127. Cited. 240 C. 246.

      Sec. 5-204. Report to Governor. The Commissioner of Administrative Services shall compile currently and submit a report to the Governor, as provided in section 4-60, giving information as to the number of state employees, the number of employees in the classified service, salary expenditures, employee turnover and any other matters pertinent to personnel administration.

      (1967, P.A. 657, S. 13; P.A. 77-614, S. 110, 610.)

      History: P.A. 77-614 substituted commissioner of administrative services for personnel commissioner and deleted sentence concerning filing report copy with personnel policy board.

      Cited. 240 C. 246.

      Sec. 5-205. Administration of oaths, issuance of subpoenas. Section 5-205 is repealed.

      (1967, P.A. 657, S. 14; P.A. 77-614, S. 67, 610; P.A. 79-621, S. 23, 24.)

      Sec. 5-206. Position classifications. (a) Position classifications established by the Commissioner of Administrative Services shall be listed in the appropriate records and publications of the Department of Administrative Services in accordance with the following descriptive items: (1) The title and code given to the class; (2) the pay grade for the class; (3) a statement of the duties and responsibilities exercised by those employees holding positions allocated to the class, illustrated, when practicable, by examples of typical tasks; and (4) the minimum desirable qualifications required by an incumbent for the satisfactory performance of such duties and the satisfactory discharge of such responsibilities.

      (b) In establishing new position classifications, the Commissioner of Administrative Services shall make a study of the schedules of compensation established for positions similar as to duties, responsibilities and qualifications in the state service, of the rates of compensation paid for similar services elsewhere and of any other pertinent information and data.

      (c) The Commissioner of Administrative Services periodically shall review the work performed by employees in the classified service and shall issue such orders as are necessary to have such employees assigned to work in accordance with the classifications of their positions or to have their classifications changed to comply with their work, provided any employee, whose classification, status or compensation is affected, shall be given reasonable opportunity to be heard prior to the issuance of any such order.

      (d) In no event shall the personnel classification of "auditor" be used in reference to personnel of any agency other than the Auditors of Public Accounts or the term "auditor's report" be used in reference to the reports of such personnel except that employees performing auditing functions for agencies other than the Auditors of Public Accounts may be so designated if the personnel classifications to which they are assigned are clearly distinguished from those of the Auditors of Public Accounts.

      (1967, P.A. 657, S. 15; 1971, P.A. 491; P.A. 77-614, S. 66, 67, 610; P.A. 78-206.)

      History: 1971 act added Subsec. (d) re use of terms "auditor" and "auditor's"; P.A. 77-614 replaced personnel commissioner and personnel policy board with commissioner of administrative services and personnel department with department of administrative services; P.A. 78-206 amended Subsec. (d) by adding exception to provisions.

      Annotation to former statute:

      Motor vehicle inspectors perform duties in all classifications, except possibly that of gasoline station inspection. 9 CS 123.

      Annotations to present section:

      Cited. 240 C. 246.

      Subsec. (c):

      Cited. 239 C. 638.

      Sec. 5-206a. Establishment of position classification series for marital and family therapists. The Commissioner of Administrative Services shall establish a job classification series for marital and family therapists licensed under chapter 383a and professional counselors licensed under chapter 383c.

      (P.A. 03-64, S. 1.)

      Sec. 5-207. Use of classification titles and codes. The classification titles or codes of positions in the classified service shall be used in all records and communications of the Office of Policy and Management, the Department of Administrative Services, the State Comptroller and the State Treasurer, in all estimates submitted to the General Assembly or Office of Policy and Management requesting the appropriation of money to pay for personal services, in documents or accounts relating to allotments and in all vouchers or payrolls relating to obligations for personal services.

      (1967, P.A. 657, S. 16; P.A. 73-679, S. 25, 43; P.A. 75-537, S. 38, 55; P.A. 77-614, S. 36, 610.)

      History: P.A. 73-679 replaced budget division with planning and budgeting division of the department of finance and control; P.A. 75-537 changed division name to budget and management division; P.A. 77-614 replaced finance and control department and its budget and management division with the office of policy and management and replaced personnel department with department of administrative services.

      Cited. 240 C. 246.

      Sec. 5-208. Compensation schedules. (a) The Commissioner of Administrative Services shall establish compensation schedules or plans. For employees who are not members of any collective bargaining unit subject to the approval of the Secretary of the Office of Policy and Management such schedules or plans shall consist of sufficient salary grades to provide compensation rates determined to be necessary or desirable for all classes assigned to each compensation schedule.

      (b) When the compensation of a class is raised, the salary of each incumbent in such class who is not a member of any collective bargaining unit shall be increased by an amount at least equal to one step or five per cent, whichever is less, in the higher salary grade, except managerial employees' salaries shall be increased by an amount equal to five per cent.

      (1967, P.A. 657, S. 17; P.A. 77-614, S. 67, 610; P.A. 78-231, S. 2, 10; P.A. 79-621, S. 8, 24.)

      History: P.A. 77-614 replaced personnel policy board with commissioner of administrative services; P.A. 78-231 allowed minimum and maximum salaries for managerial employees in Subsec. (a) and provided for increases of at least five per cent for managerial employees in Subsec. (b) and added Subsec. (c) re approval of compensation schedules; P.A. 79-621 revised Subsecs. (a) and (b) to apply to schedules for employees not covered under collective bargaining and omitted Subsec. (c), incorporating approval provisions in Subsec. (a).

      Cited. 240 C. 246.

      Sec. 5-208a. Compensation by more than one agency restricted. Multiple job assignments within same agency restricted. No state employee shall be compensated for services rendered to more than one state agency during a biweekly pay period unless the appointing authority of each agency or his designee certifies that the duties performed are outside the responsibility of the agency of principal employment, that the hours worked at each agency are documented and reviewed to preclude duplicate payment and that no conflicts of interest exist between services performed. No state employee who holds multiple job assignments within the same state agency shall be compensated for services rendered to such agency during a biweekly pay period unless the appointing authority of such agency or his designee certifies that the duties performed are not in conflict with the employee's primary responsibility to the agency, that the hours worked on each assignment are documented and reviewed to preclude duplicate payment, and that there is no conflict of interest between the services performed.

      (P.A. 80-278; P.A. 87-253, S. 3.)

      History: P.A. 87-253 (1) established restrictions for state employees who hold more than one job assignment from the same state agency, and (2) removed retirement credit restrictions on employees working for more than one state agency, in accordance with the provisions of the state employees retirement act.

      Sec. 5-209. Compensation for performance of duties of higher job classification. Any state employee, except an employee who has been designated managerial, who is assigned, by the employee's appointing authority, duties and responsibilities of a job classification higher than the class in which the employee is placed, which assignment has been approved by the Commissioner of Administrative Services, and who works in such assignment on a continuous basis for a period of more than sixty working days, shall be compensated for such time in excess of sixty days at a rate in the higher class which shall not be less than one step in that class above the employee's existing rate of pay. Service in a higher classification under this section shall not constitute permanent status in such class.

      (1967, P.A. 657, S. 18; P.A. 73-225; P.A. 77-614, S. 66, 610; P.A. 78-231, S. 3, 10; P.A. 00-68, S. 7.)

      History: P.A. 73-225 reworded section to require personnel commissioner's approval for assignment rather than approval for payment at higher classification; P.A. 77-614 replaced personnel commissioner with commissioner of administrative services; P.A. 78-231 excluded managerial employees from provisions of section and replaced commissioner with director of personnel and labor relations; P.A. 00-68 substituted "Commissioner of Administrative Services" for "Director of Personnel and Labor Relations" and made technical changes for the purpose of gender neutrality.

      Cited. 175 C. 127.

      Sec. 5-209a. General worker. Work experience credit for out-of-class work. (a) Any person who is employed in state service as a general worker for program support or technical services, as determined by the Department of Administrative Services at the time of such employment, shall be credited with work experience equal to any time such person worked out of class performing work relevant to any full-time position in the state service for which such person subsequently applies.

      (b) Any person who contests the amount of work experience for which such person is credited by a state agency pursuant to subsection (a) of this section shall be entitled to a hearing before a hearing officer of such agency. Such person may appeal any determination made by the hearing officer to the commissioner or other head of such agency. This subsection shall be governed by the provisions of chapter 54.

      (P.A. 05-17, S. 1.)

      History: P.A. 05-17 effective May 4, 2005.

      Sec. 5-210. Annual salary increases; lump-sum payments; state incentive plans for managerial or confidential employees. The Commissioner of Administrative Services may establish one or more state incentive plans for employees whose positions have been designated managerial or confidential. Annual salary increases or lump-sum payments for employees whose positions have been designated managerial or confidential may be based on annual performance appraisals made by agency heads or their designees in accordance with state incentive plans approved by the Commissioner of Administrative Services. Such salary increases shall be in accordance with the provisions of the compensation schedule then in effect. Such employees shall receive an increase for "good" performance up to the position rate.

      (1967, P.A. 657, S. 19; P.A. 77-614, S. 66, 610; P.A. 78-231, S. 4, 10; P.A. 79-121, S. 1, 2; P.A. 81-457, S. 5; P.A. 85-510, S. 31, 35; P.A. 93-80, S. 55, 67.)

      History: P.A. 77-614 replaced personnel commissioner with commissioner of administrative services; P.A. 78-231 replaced commissioner of administrative services with director of personnel and labor relations and added Subsec. (d) re increa