Title of Regulation: 22VAC40-675. Personnel Policies for Local Departments of Social Services (amending 22VAC40-675-10, 22VAC40-675-60 through 22VAC40-675-100).

Statutory Authority: §§ 63.2-217 and 63.2-219 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on July 22, 2009.

Effective Date: August 6, 2009.

Agency Contact: Nancy Flanagan, Human Resource Manager, Department of Social Services, Division of Human Resources Management, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7031, FAX (804) 726-7020, TTY (800) 828-1120, or email nancy.flanagan@dss.virginia.gov.

Basis: Pursuant to §§ 63.2-217 and 63.2-219 of the Code of Virginia, the State Board of Social Services has authority to promulgate rules and regulations necessary for the operation of public assistance and social services programs.

Purpose: The amended regulation is needed to make the changes in the local compensation and classification plan. Major changes in the compensation and classification plan have not occurred since the early 1980s. This regulatory action proposes changes based on the recommendations from the approved local compensation and classification study.

Rationale for Using Fast-Track Process: The fast-track process is being used because there is a sense of urgency regarding the effective date of the proposed changes. The local study has been approved by the board and the proposed effective date for implementation was June 1, 2009. This regulatory action is expected to be noncontroversial because employees impacted by the proposed changes were involved in their development. The study was conducted by the Personnel Committee of the Virginia League of Social Services Executives in cooperation with the Department of Social Services' Division of Human Resource Management. Impacted employees have reviewed the recommended changes, made recommendations, and the recommendations were incorporated into the regulation. The Department of Social Services also sent the recommended changes to all local directors for review and comment prior to submitting this regulatory action.

Substance: This action updates the classification specifications and compensation pay structure to acceptable human resource standards. Classification descriptions have been changed to include today's technology and to allow for career progression. The compensation structure has changed from a grade and step model to a broad band model. New applicable terminology has been included throughout the changes. Occupational group descriptions can include several levels or former classification descriptions. Pay bands are wider (190%) and include several (former pay grades). The changes allow for more flexibility at the local level and set a foundation for career growth within the local departments of social services.

Issues: There are no disadvantages to the public or to the Commonwealth. The advantages are that local departments of social services will be using a job structure that accurately reflects the occupations of the employees; promotes a reliable means for classifying jobs; updates terminology and titles; and provides for better recruitment and retention of local departments of social services staff.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Services (Board) proposes to update definitions, other outdated language and the title of a document that is incorporated by reference in their regulations governing personnel policies for local Departments of Social Services.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Definitions in the Board's regulations governing personnel policy, as well as other wording and code citations, were last updated in the 1980s. The Board proposes to change definitions and other language in these regulations to account for changes in commonly used terminology as well as changes to other Department of Social Services (DSS) regulations that are being promulgated concurrent to this action. As these changes are clarifying rather than substantive, no local departments are likely to incur any expenses on account of this regulatory action. To the extent that outdated language/citations may have confused the staff of local departments, these proposed changes will provide the benefit of clarity.

Businesses and Entities Affected. These proposed regulations will affect 86 local Departments of Social Services.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The regulatory action amends regulations that describe the position descriptions and compensation structure used by local departments of social services. This action allows for updates to the way local jobs are described/compensated using up-to-date acceptable methods. The proposed changes are being made as a result of the local compensation and classification study completed in 2007.

Part I
General Provisions

22VAC40-675-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative manual" means the Administrative Human Resources Manual for Local Departments of Social Services Human Resource Management, which outlines the personnel policies and procedures.

"Board" means the State Board of Social Services.

"Classification" means the systematic grouping of positions based on shared characteristics.

"Class specification" means a detailed statement that describes the characteristic elements of each classification and identifies the duties and KSAs.

"Commissioner" means the Commissioner of the Virginia Department of Social Services, his designee or authorized representative.

"Department" means the State Department of Social Services.

"Deviate" means to adopt all or portions of the local jurisdiction personnel policies.

"Jurisdiction" or "local jurisdiction" means the city, county, or town under which the local department is a governmental unit.

"KSA" means a knowledge, skill, or ability needed to perform a position.

"Local board" means the local board of social services representing one or more counties or cities.

"Local compensation plan" is the locally developed pay plan compensation schedule that lists classifications occupational titles, salary grades, and pay steps of intervening increments bands/tiers from the minimum to the maximum amounts established for each grade bands/tiers, and includes other pay actions.

"Local department" means the local department of social services of any city or county of this Commonwealth.

"Local director" means the director or his designated representative of the local department of the city or county.

"Merit system plan" means those regulations adopted by the board in the development and operation of a system of personnel administration meeting requirements of the federal Department of Health and Human Services as relates to compliance with federal merit system standards set forth in the Code of Federal Regulations (5 CFR Part 900).

"Occupational group description" means a detailed statement that describes the characteristic elements of each occupational level within the occupational group.

"Salary range" means salary grades and pay steps of intervening increments from the minimum to the maximum established for each grade, which includes reimbursable and nonreimbursable steps the range that identifies the minimum and maximum compensation rate authorized for a specific pay band and a specific tier within the pay band.

"State classification plan" means the department's classification plan that consists of approved classifications occupational titles and their corresponding class groups, salary grades, classification codes, equal employment opportunity codes and effective dates.

"State compensation plan" means the department's pay plan, which provides local departments a basis to develop for developing local compensation plans.

Part II
State Classification and Compensation

22VAC40-675-60. State classification plan.

The state classification plan consists of a broad range of approved classifications occupational titles and accompanying specifications occupational group descriptions for use by the local departments to develop their local compensation plans to administer the programs set forth in Title 63.2 of the Code of Virginia.

22VAC40-675-70. Commissioner's responsibilities.

A. The commissioner shall establish the state classification plan and shall submit the plan to the board for approval.

B. The commissioner shall maintain the state classification plan to ensure that it has the appropriate numbers and types of classifications occupational titles to meet the needs of local departments.

22VAC40-675-80. State compensation plan.

A. The board shall approve a state compensation plan to ensure that it has the appropriate numbers and types of classifications occupational titles to meet the needs of local departments.

B. The board shall review the state compensation plan as needed.

C. Amendments to the state compensation plan shall be presented to the board for approval.

D. The department shall advise local departments of all changes to the state compensation plan and any mandates that require local department action.

22VAC40-675-90. Local compensation plans.

A. A local department, upon approval by the local board, shall have flexibility in developing the local compensation plan to select salary ranges within the approved state compensation plan that are suitable to local situations. The range for each class occupational title shall provide local minimum and maximum rates and intervening steps. The local plan shall ensure that local minimum salary rates do not fall below the state compensation plan minimum salary for that classification occupational title.

B. A local compensation plan shall include policies and procedures for awarding salary increments, merit increases, special compensation for child and adult protective service work, employee or position status changes, and any other type of approved increases. Salary determinations shall be rendered in a fair and consistent manner to ensure equal pay for equal work.

C. All requested position actions by local departments must be reviewed and approved by the department prior to implementation.

D. Midyear changes to the local compensation plan must be submitted to the department for review and approval.

E. Local compensation policies and practices shall comply with federal and state laws including the federal Fair Labor Standards Act (29 USC §§ 201-219), the Administrative Manual and procedures provided by the department.

22VAC40-675-100. Other local compensation issues.

A. In localities where the governing body has elected to have a director of social services serve as the local board, reimbursement for governing body assigned expenses shall be in accordance with § 63.2-310 of the Code of Virginia.

B. Provisions shall be made for overtime worked in accordance with the Fair Labor Standards Act (29 USC §§ 201-219). The reimbursement shall be up to the reimbursable maximum of the applicable position classification occupational title. Local departments with approved deviating compensation plans will also be reimbursed up to the maximum of the applicable position classification occupational title. When the local deviating maximum exceeds the state reimbursable maximum, local-only funds shall be used to compensate for overtime.

C. Reimbursements shall be made for absences that result from the closing of local departments' operations because of inclement weather conditions or other authorized closing.

D. Bonuses for employees of local departments of social services shall be consistent with § 15.2-1508 of the Code of Virginia and with procedures provided by the department.

DOCUMENT INCORPORATED BY REFERENCE (22VAC40-675)

Administrative Human Resource Manual for Local Departments of Social Services, Virginia Department of Social Services, revised September 2000 July 1, 2009.