Common use of Committee Clerks Clause in Contracts

Committee Clerks. The Executive Director or an affected covered legislative committee clerk may request a reclassification of a committee clerk’s position to a different classification or pay grade. Such a request must be considered in the context of comparable positions and their responsibilities, overall consistency and equity with the classification and salary plan, and budgetary constraints. If a committee clerk believes that due to a fundamental change in the roles and responsibilities assigned to the committee clerk position, a change in the employee's classification or pay grade is appropriate, the committee clerk shall make the request in writing to the Executive Director, describing the change requested and the justification for the request. Upon receipt of a request to review the classification or pay grade of a committee clerk, the Executive Director will evaluate the request and recommendation. The Executive Director or the Executive Director’s designee will meet with the employee and his or her union representative, if requested, and consider information presented to justify or support the reclassification. If the request is for reclassification to a classification that does not exist in the Legislature’s established position classification system, the Executive Director may consult with the presiding officers and will make a recommendation to the Legislative Council as to whether the request should be granted or denied. The Legislative Council will then evaluate the request and the recommendation and will make a determination, which will be final. If the request is either for reclassification to an existing classification or for assignment to a pay grade other than that established for the committee clerk position classification, the Executive Director will determine what action should be taken, after having considered the information. The Executive Director may deny the request. If the Executive Director determines that the employee is performing work out of his or her classification or a change in pay grade is warranted, he will either (1) modify the employee’s duties and responsibilities that are out of the employee’s assigned classification so the employee resumes working within the employee’s assigned classification; or (2) reclassify the employee to a different classification or pay grade. If the employee is dissatisfied with the Executive Director’s determination, the employee may appeal the determination to the Legislative Council. The appeal must be made in writing and must state with specificity the basis for disagreement with the Executive Director’s determination. The Executive Director must receive the appeal no later than ten (10) workdays after the employee has received the Executive Director’s determination. The Legislative Council or, if designated, the Personnel Committee will issue a determination on the appeal within a reasonable time, generally no later than twenty (20) workdays from the date that the appeal has been received by the Executive Director. The Legislative Council’s determination will be final. Any adjustment in pay for time when the employee was determined to be working out of classification, including for work outside the employee’s classification that was subsequently withdrawn by the Executive Director, or any adjustment in pay grade that has been determined to be warranted, will be paid retroactively at the rate for the appropriate classification or pay grade from the date of request for reclassification.