2.3.0 Authority

SMC 4.04.040 and subsequent revisions thereto, Administration

SMC 4.04.050 and subsequent revisions thereto, Rule-making authority

SMC 4.04.130 and subsequent revisions thereto, Classification

2.3.1 Definitions

1. “Allocation” shall mean the placement of a position in the appropriate classification within the classified service.
2. “Appointing authority” shall mean the head of an employing unit, or a designated management representative, authorized by ordinance or City Charter to employ others on behalf of the City. The term includes and can be used interchangeably with department head, department director, superintendent and chief.
3. “Classified service” shall mean all employment positions in the City that are not excluded by ordinance, City Charter or State law from the provisions of Seattle Municipal Code Chapter 4.04 or the Personnel rules adopted pursuant thereto.
4. “Exempt position” shall mean a position of employment held by an at-will employee who serves at the discretion of the appointing authority in a position that is excluded by ordinance, City Charter or State law from compliance with the provisions of Seattle Municipal Code Chapter 4.04 or the Personnel Rules adopted pursuant thereto related to selection, discipline, termination or appeals of personnel actions to the Civil Service Commission.
5. “Out-of-class assignment” shall mean the assignment of an eligible employee to perform the ongoing duties and accept the responsibilities of a higher-paying title on a temporary basis in order to avoid a significant interruption of services.
6. “Personnel Director” shall mean the director of the Personnel Department or his or her designated management representative.
7. “Position incumbent” shall mean the employee who has a regular appointment to a specified position.
8. “Reallocation” shall mean the placement of a position in a different classification because its management has made a deliberate decision to assign to it a new body of duties that substantively changes its nature and scope.
9. “Reconsideration” shall mean a process whereby a position incumbent or departmental management may, following the issuance of a classification determination, submit additional information to the Personnel Director that they believe may change such determination.
10. “Regularly appointed employee” shall mean an employee who has a probationary, regular or exempt appointment to a position of City employment.

2.3.2 Application of this Rule

1. This Rule applies to regularly appointed employees.
2. For regularly appointed employees who are represented under the terms of a collective bargaining agreement, this Rule prevails except where it conflicts with the collective bargaining agreement, any memoranda of agreement or understanding signed pursuant to the collective bargaining agreement, or any recognized and established practice relative to the members of the bargaining unit.
3. This Rule does not apply to individuals who are employed under the terms of a grant that includes provisions that conflict with this Rule.
4. This Rule does not apply to individuals hired by the City on a temporary, intermittent or a seasonal basis, or for a work schedule of fewer than 20 hours per week; nor does it apply to individuals hired under contract to the City.
5. Appointing authorities may establish written policies and procedures for the implementation and administration of this Rule to facilitate the management of the personnel systems within their employing units, provided that such procedures do not conflict with the provisions of this Rule.

2.3.3 Reconsideration Process

1. The reconsideration process is an opportunity to provide additional information about a position’s assigned duties and responsibilities before a classification determination is finalized and implemented.
2. Proper subjects for a reconsideration process are the classification allocation, designation of a position as exempt, and/or the effective date of a classification action.
3. A position incumbent or the appointing authority for the position may request a reconsideration of the Personnel Director’s determination regarding the proper classification allocation or classified service exemption of the position. A position incumbent may not request a reconsideration of the Personnel Director’s determination regarding the classification reallocation of his or her position except as provided below:
   1. If a management request to reallocate a position is submitted to the Personnel Director after the new duties and responsibilities have been assigned to the position and the position incumbent has been performing such new duties on other than an out-of-class basis, the position incumbent may request a reconsideration of the reallocation.
   2. If an employee and/or his or her appointing authority submit a request for a classification review of the position to which the employee is appointed and the Personnel Director determines that the proper action is a reallocation rather than a reclassification, the position incumbent may request a reconsideration of the classification reallocation.
4. A request for reconsideration must be delivered to the Personnel Director within 30 calendar days of the date of the Personnel Director’s transmittal of the classification determination or exempt designation report to the employing unit. The request for reconsideration need not include information about the nature of or supporting documentation for the desired change; however, the requesting party should be prepared to provide to the reconsideration panel any materials that were not submitted for the original position analysis, or that the requesting party believes were not given proper weight in the original analysis.
5. Within 30 calendar days of receipt of a request for reconsideration, the Personnel Director shall appoint a reconsideration panel and schedule a meeting between the party who submitted the request and the panel.
6. The requesting party may invite up to 3 additional individuals to the reconsideration meeting. The additional participants may include individuals in similarly situated positions, the position’s supervisor, manager, or appointing authority, or any other individual who is able to provide information about the duties and responsibilities assigned to the position(s) in question.
7. Reconsideration meetings shall be scheduled during normal working hours and employees shall be paid their regular rates of pay for attending. Insofar as it is possible, the Personnel Director shall schedule reconsideration meetings so as to have the least possible impact on the employing unit’s workload and schedule.

2.3.4 Outcome of Reconsideration Meetings

1. The Personnel Director shall notify the human resources section of the employing unit in which the position is located of the outcome of the reconsideration process. It is the responsibility of the human resources staff to notify the position incumbent and other affected parties in a timely manner.
2. Notification of the reconsideration process outcome shall be made within 30 calendar days of the reconsideration meeting, or the Personnel Director shall notify the affected party or parties of the need for additional time.
3. Although the reconsideration request does not require the support of the position’s management, the appointing authority must indicate at the reconsideration meeting if he or she disagrees with the position incumbent’s description of the duties and responsibilities assigned.
4. In the event both a contract classification grievance and a request for reconsideration have been filed regarding the duties assigned to a position during the same time period, the reconsideration request shall be considered withdrawn.