Common use of CLASSIFICATION REVIEW AND PROFESSIONAL PRACTICE SCOPE Clause in Contracts

CLASSIFICATION REVIEW AND PROFESSIONAL PRACTICE SCOPE. SECTION 1 Classification Review (A) When an employee alleges that they are being regularly required to perform duties that are not included in the employee’s position description and that the duties assigned are not included in the occupation profile to which the position is allocated, the employee may request in writing that the Agency Head review the duties assigned to the employee’s position. The Agency Head or designee shall review the duties and provide the employee with a written decision within 30 days of the request. (B) If the decision is that the duties assigned are sufficient to justify reclassifying the position, either the position will be reclassified or the duties in question will be removed. If the position is reclassified and the employee is to receive a pay increase, the pay increase shall be effective from the date the agency received the employee’s request for a classification review. Shortage of funds shall not be used as the basis for refusing to reclassify a position after a review has been completed. (C) If the decision is that the employee is properly classified and the employee is not satisfied with the decision, the employee, with or without representation, may submit a written request, within 30 days of receipt of the agency’s decision, for a review of the decision by the Secretary of the Department of Management Services or designee. The employee shall include with their request, a copy of the decision received by the employee under (A) above, along with any other information the employee may have relevant to the matter. The request and related documents should be submitted by personal delivery or by U.S. mail, return receipt requested, to the Department of Management Services as provided in Article 26, Section 2 of this Agreement. The Department of Management Services will conduct an independent review in accordance with Chapter 110, Florida Statutes, and shall provide the employee and the agency with a written decision within 60 days of receipt of the request. The decision of the Secretary of the Department of Management Services or designee shall be final and binding on all parties.