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478-1-.01 DEFINITIONS
PAR. 1.01. "Act" or "The Act" or "Merit System Act" or "Law" or "The Law" or "Merit System Law" means the Act which completely and exhaustively revises, supersedes and consolidates the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as now or hereafter amended. (12-14-84/12-27-84)
PAR. 1.02. An "allocation" is the official creation of a position by the Commissioner or department head in placing it in an appropriate job in accordance with the applicable provisions of Rule 4. (09-19-96/10-01-96)
PAR. 1.03. "Applicant" means any person who has filed an application in accordance with provisions of Par. 6.201 of the rules. (08-25-75/09-01-75)
PAR. 1.04. "Appointing authority" means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. The term also includes any person properly designated by the appointing authority to perform any duty of the appointing authority under these rules. (09-23-87/11-12-87)
PAR. 1.05. "Available" means an individual on a register for a class of positions willing to accept appointment to a particular position of that class at the time it is vacant. (08-25-75/09-01-75)
PAR. 1.06. "Board" and "State Personnel Board" are synonymous and mean the body authorized by Article IV, Section III of the Constitution of the State of Georgia. (09-17-96/10-01-96)
PAR. 1.07. "Classified service" includes all employees of state departments as defined in the law; all employees of local departments of health and family and children services; local employees of the Department of Defense as defined by law; but those officers and employees excluded by the law shall not be included. (12-14-84/12-27-84)
PAR. 1.08. "Commissioner of Personnel Administration" and "Commissioner" means the chief executive officer of the State Merit System who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies of the State Personnel Board. The terms also include any person properly designated by the Commissioner to perform any duty of the Commissioner under these rules. (09-23-87/12-12-87)
PAR. 1.09. "Confidential position" means a position which by its nature is entrusted with private or restricted information of a type which would preclude its inclusion in the classified service. (08-24-75/09-01-75)
PAR. 1.10. "Covered employee" means an employee subject to the rules and regulations of the State Personnel Board. (08-24-75/09-01-75)
PAR. 1.11. "Covered position" means a position subject to the rules and regulations of the State Personnel Board. (08-25-75/09-01-75)
PAR. 1.12. A "demotion" is the movement by the appointing authority of an employee to a position in a job on a lower pay range from a position in a job on a higher pay range in accordance with the rules on demotion. Such definition shall not apply when an employee’s position is allocated to a lower pay range by position level reduction as defined in Par. 1.40. A lower pay range is one with a lower maximum salary. (03-31-99/06-24-99)
PAR. 1.13. "Department" and "agency" shall be synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions, but shall not include authorities and public corporations. "Department" and "agency" shall include an agency assigned to a department for administrative purposes and shall also include local departments of Public Health, County Departments of Family and Children Services, community service boards, and local employees of the Department of Defense. (05-19-71/06-01-71)
PAR. 1.14. "Department covered by the Merit System" means that a department has one or more covered positions or employees under the State Merit System of Personnel Administration. (05-19-71/06-01-71)
PAR. 1.15. "Department head" means the chief executive officer of a department or any person properly designated by the department head to perform any duty of the department head. (09-19-96/10-01-96)
PAR. 1.16. "Eligible" means an individual whose name appears on a register or registers for a particular class, and who is not otherwise barred from consideration for appointment. (05-19-71/06-01-71)
PAR. 1.17. "Employee" means an occupant of a "position" as hereinafter defined. (05-19-71/06-01-71)
PAR. 1.18. "In pay status" means the work days (hours) during a pay period for which an employee is entitled to pay. It shall include holidays and all forms of leave with pay and suspension with pay. (05-31-89/06-28-89)
PAR. 1.19. An "interdepartmental transfer" is the movement of an employee from a classified position in one department to a classified position in another department. The movement may include a simultaneous transfer to a different class, promotion or demotion in accordance with the applicable provision of Rule 10. The movement of an employee between units of the Department of Human Resources, including local departments of Public Health and County Departments of Family and Children Services, shall not be deemed to be an interdepartmental transfer. (05-24-90/07-01-90)
PAR. 1.20. "Job" or "class" means a cluster of positions that include sufficiently similar work responsibilities, minimum requirements of training, experience and other competencies, that the same job title, same job code and paygrade may be assigned. This definition shall not preclude a single position job. (09-19-96/10-01-96)
PAR. 1.21. "Market paygrade midpoint" and "midpoint" mean that increment on a paygrade generally associated with a fully proficient performer in the labor market for similar kinds of work. The Commissioner, on an annual basis, shall analyze relevant market data and shall determine and publish appropriate midpoints for each paygrade on the compensation plan adopted by the Board. (09-19-96/10-01-96)
PAR. 1.22. "Paygrade" means a range of salaries to which a class may be assigned. (09-19-96/10-01-96)
PAR. 1.23. "Period of armed conflict" means any period of armed military intervention beyond the limits of the United States as well as any confrontation of the armed forces of the United States with foreign nationals in which actual hostilities erupt. (Reference: O.C.G.A. 45-2-20) (07-22-81/08-01-81)
PAR. 1.24. "Permanent employee," "permanent status employee," or "employee on permanent status" means an employee who has successfully completed a working test period in the class of positions in which employed. (09-23-87/11-12-87)
PAR. 1.25. "Personnel Officer" means an employee of any one of the state departments under the Merit System who administers its internal personnel policies. (05-29-71/06-01-71)
PAR. 1.26. "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. (05-29-71/06-01-71)
PAR. 1.27. "Positions of purely policy-making nature" means those positions charged with the primary responsibility and authority for the promulgation, implementation and enforcement of departmental policies. (08-25-75/09-01-75)
PAR. 1.28. A "promotion" is the movement by the appointing authority of an eligible employee to a position in a job on a higher pay range from a position in a class on a lower pay range in accordance with the rules on promotions. A higher pay range is one with a higher maximum salary. (03-31-99/06-24-99)
PAR. 1.29. "Public notice," unless otherwise expressly stated, means a written notice on a bulletin board accessible to the public during business hours and other publicity as may be deemed necessary to assure reasonable notice to those concerned. (12-14-84/12-27-84)
PAR. 1.30. A "reallocation" is the official change of a position from one job to another by the Commissioner or department head in accordance with the applicable provisions of Rule 4. (09-19-96/10-01-96)
PAR. 1.31. A "reassignment" is the change of a job from one paygrade to another as a result of action by the State Personnel Board, the Commissioner, or a department head in accordance with the applicable provisions of Rule 5. (09-19-96/10-01-96)
PAR. 1.32. "Register" means an officially promulgated list of persons who have successfully competed in a merit examination for a particular class of positions, which list has been established as provided in Rule 7 of these rules and regulations. (12-14-84/12-27-84)
PAR. 1.33. "Rules and Regulations" and "Merit System Rules and Regulations" means the governing provisions of the State Merit System as adopted by the State Personnel Board and approved by the Governor, which give force and effect to the policies of the State Personnel Board. (08-25-75/09-01-75)
PAR. 1.34. "State Personnel Board policies" means those policies adopted by the Board and approved by the Governor which describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the Merit System rules and regulations. (08-25-75/09-01-75)
PAR. 1.35. A "transfer" is the change of an employee from one position to another position in the same job, to a different job on the same pay range, or to a job on a pay range having the same maximum salary. Such transfer shall be in accordance with the applicable provision of Rule 10. (03-31-99/06-24-99)
PAR. 1.36. "Unclassified service" means the following officers and employees excluded from the classified service by the law:
A. Members of the General Assembly; (12-14-84/12-27-84)
B. Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided; (12-14-84/12-27-84)
C. Officers, officials and employees comprising the office of the Governor except those officers, officials and employees already covered by the State Merit System by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service; (12-14-84/12-27-84)
D. Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided; (12-14-84/12-27-84)
E. Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices; (12-14-84/12-27-84)
F. Members of boards and commissions appointed by the Governor or the General Assembly; (12-14-84/12-27-84)
G. The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included; (12-14-84/12-27-84)
H. Justices, judges, officials, officers, and employees of the judicial branch; (12-14-84/12-27-84)
I. Members, the chancellor, and vice-chancellors of the Board of Regents of the University System of Georgia and all officers, officials and employees of the University System of Georgia, except those officers, officials, and employees already eligible to be covered by the State Merit System by law or executive order; (12-14-84/12-27-84)
J. The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the State Merit System by law or executive order; (12-14-84/12-27-84)
K. The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the State Merit System by law or executive order; (12-14-84/12-27-84)
L. A deputy or a confidential secretary when one is required by the head of a department, provided that the Commissioner shall prescribe the conditions under which more than one deputy may be excluded; (12-14-84/12-27-84)
M. Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, full-time, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged; (12-14-84/12-27-84)
N. Members of the military forces of the state while engaged in military service; (12-14-84/12-27-84)
O. Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest; (12-14-84/12-27-84)
P. State and local officials serving ex officio or emeritus and performing incidental duties; (12-14-84/12-27-84)
Q. Members of other advisory councils, committees, or similar bodies within the state merit system; (12-14-84/12-27-84)
R. Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the Commissioner; (12-14-84/12-27-84)
S. Prisoner, inmate, student, or patient help working in or about institutions; (12-14-84/12-27-84)
T. Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the Commissioner has authorized such employment; (12-14-84/12-27-84)
U. Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind; (06-22-95/06-30-95)
V. Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the Commissioner; (12-14-84/12-27-84)
W. Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the Commissioner; (12-14-84/12-27-84)
X. Additional positions of unique functions as may be authorized by the Commissioner; (12-14-84/12-27-84)
Y. Positions in the class Major assigned to the Uniform Division of the Department of Public Safety; (12-18-85/12-31-85)
Z. The officers, officials, employees and positions of the Department of Natural Resources, except those officers, officials, employees and positions which are as of March 14, 1984 in fact in the classified service or which the Commissioner designates as being in the classified service of the Merit System unless placed in the unclassified service under another provision of the Merit System Act; (12-18-85/12-31-85)
AA. Contingency Clerks in the Department of Labor; (07-22-93/07-30-93)
AB. The Executive Director and employees of the Professional Practices Commission; (Reference: O.C.G.A. 20-2-798) (07-22-93/07-30-93)
AC. The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the State Merit System by law or executive order; (Reference: O.C.G.A. 45-20-2(15)(BB)) (06-22-95/06-30-95)
AD. The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners; (06-22-95/06-30-95)
AE. The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the State Merit System by law or executive order; (06-22-95/06-30-95)
AF. All positions filled on or after July 1,1996, by new hires; and, (06-24-96/09-20-96)
AG. All positions in the classes Assistant Deputy Commissioner, Supervisory Examiner, and Senior Financial Examiner in the Department of Banking and Finance. (09-19-96/10-01-96)
PAR. 1.37. "Working test" or "working test period" means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each appointment, reappointment, promotion and interdepartmental transfer. The Commissioner may fix the length of the working test period for any class at not less than three months or more than twelve months exclusive of any time in non-pay status or in an unclassified position. The appointing authority, in accordance with the provisions of Section 13.500, shall review the performance of each employee during the working test period. (Reference: O.C.G.A. 45-20-2 (16)) (05-24-90/07-01-90)
PAR. 1.38. "Working test employee" or "employee on working test" means a covered employee serving a working test period in the class of positions in which employed. Provided, however, that: (05-24-90/07-01-90)
A. an employee serving a working test period following promotion in the same department from a lower class in which the employee held permanent status shall retain permanent status rights in the lower class until attaining permanent status in the class to which the employee is promoted; and (05-24-90/07-01-90)
B. an employee with five years or more of continuous state service who is serving a working test period following an interdepartmental transfer shall retain permanent status rights in the new department as provided in Par. 10.205.3. (Reference: O.C.G.A. 45-20-2 (17)) (05-24-90/07-01-90)
PAR. 1.39. "Job Minimum" means the minimum salary rate which may be paid to an employee in a given Job. (09-19-96/10-01-96)
PAR. 1.40. A "position level reduction" is the reallocation, by the appointing authority, of a position to a job on a lower pay range as a result of a reduction in the responsibilities assigned to the position. A lower pay range is one with a lower maximum salary. (03-31-99/06-24-99)
Authority O.C.G.A. 45-20-2; O.C.G.A. 45-20-3; O.C.G.A. 45-20-4.
