A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
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9-1 Definitions |
| Unless the context clearly provides otherwise, the following terms in the civil service rules and regulations are defined as follows: |
| Act of violence |
| Act of violence means any intentional, reckless, or grossly negligent act that would reasonably be expected to cause physical injury or death to another person. |
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[Definition of act of violence added effective September 1, 2001] |
| Actual-duty Time |
| Actual-duty time means the time that an employee is scheduled to receive compensation, benefits, or benefit accruals for the performance of the employee's public duties as a member of the classified civil service. Actual-duty time includes all scheduled work time and overtime. Actual-duty time does not include the time an employee is on approved leave from the employee's public duties as a member of the classified civil service, even if the employee receives compensation, benefits, or benefit accruals for the time. |
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[Definition last amended effective March 18, 2001] |
| Adjudicating Officer |
| Adjudicating officer means the state personnel director or other civil service administrative officer, technical review officer, hearing officer, arbitrator, or other officer authorized to make a decision reviewable by the civil service commission. |
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[Definition last amended effective March 18, 2001] |
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Administrative Officer |
| Administrative officer means the state personnel director or a person authorized by the state personnel director to take administrative action on matters filed with civil service staff or the civil service commission. |
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[Definition of administrative officer last amended effective August 26, 2007] |
| Advisory |
| Advisory means a written statement issued by the civil service commission, state personnel director, or other civil service staff to provide direction, clarification, or other necessary or useful information. |
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[Definition of advisory last amended effective August 26, 2007] |
| Agency |
| Agency means an organizational subdivision of the state of Michigan for which a separate appointing authority has been designated, including, but not limited to, a principal department, autonomous entity, agency of convenience, board, or commission. |
[Definition of agency added effective August 26, 2007] |
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Agency of Convenience |
| Agency of convenience means a subdivision within a principal department for which a separate appointing authority has been designated. |
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[Definition last amended effective March 18, 2001] |
| Alcohol Test |
| Alcohol test means a chemical or breath test administered to determine the presence or absence of alcohol in a person's body. |
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[Definition last amended effective March 18, 2001] |
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Anything of Value |
| Anything of value means any tangible or intangible item, including, but not limited to, the following: |
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(a) |
Services. |
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(b) |
Entertainment. |
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(c) |
Recreation. |
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(d) |
Travel. |
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(e) |
Food and beverages. |
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(f) |
Event tickets. |
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(g) |
Gifts. |
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(h) |
Loans. |
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(i) |
Money. |
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(j) |
Special favors or privileges not available to the general public. |
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[Definition of anything of value last amended effective March 27, 2003] |
| Applicant |
| Applicant means a person who requests to participate in an appraisal process. |
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[Definition last amended effective March 18, 2001] |
| Applicant Pool |
| Applicant pool means a group of applicants whom civil service staff has determined to be qualified. |
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[Definition of applicant pool last amended effective August 26, 2007] |
| Appointing Authority |
| Appointing authority means each of the following: |
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(a) |
A single executive heading a principal department or autonomous entity. |
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(b) |
A chief executive officer of a principal department or autonomous entity headed by a board or commission. |
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(c) |
The state personnel director. |
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(d) |
A person designated by any of the preceding as responsible for administering the personnel functions of the department, autonomous entity, or other agency |
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[Definition of appointing authority last amended effective August 26, 2007] |
| Appointment |
| Appointment means an authorized act of an appointing authority employing a properly qualified person in a specific position in the classified service. |
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[Definition last amended effective March 18, 2001] |
| Appraisal Method |
| Appraisal method means a technique used to evaluate job-related knowledge, skills, abilities, competencies, and other qualifications to determine eligibility for a position in the classified service. |
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[Definition last amended effective March 18, 2001] |
| Appropriate Unit |
| Appropriate unit means the most appropriate unit, including all employees in broad groupings of related occupational classes exclusively represented and recognized under the terms and conditions provided in these rules. |
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[Definition last amended effective March 18, 2001] |
| Autonomous Entity |
| Autonomous entity means an executive branch organization or function established by law within a principal department, but specifically directed by law to be a separate independent unit, with the intent that its authority, powers, duties, and responsibilities, including personnel, budgeting, procurement, and management-related functions be exercised free from the direction and supervision of the principal department. |
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[Definition last amended effective March 18, 2001] |
| Base Salary |
| Base salary means the fixed, recurring portion of the employee's compensation. |
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[Definition last amended effective March 18, 2001] |
| Board |
| Board means the employment relations board. |
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[Definition last amended effective March 18, 2001] |
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Boards and Commissions |
| Boards and commissions means boards and commissions heading principal departments or autonomous entities and created by the constitution, statute, or executive order as specified in the constitution. |
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[Definition of boards and commissions last amended effective August 26, 2007] |
| Candidate |
| Candidate means a qualified person who requested to be considered for appointment to a specific position in the classified service and who was considered by the appointing authority. |
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[Definition last amended effective March 18, 2001] |
| Candidate Pool |
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Candidate pool means qualified persons considered for a position. |
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[Definition last amended effective March 18, 2001] |
| Career Appointment |
| Career appointment means an appointment to a classified position that is expected to last the equivalent of 90 full-time workdays or more. A career appointment may be an indefinite appointment or a limited-term appointment. |
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[Definition last amended effective March 18, 2001] |
| Civil Service Staff |
| Civil service staff means the employees of the civil service commission, including the state personnel director. |
[Definition of civil service staff added effective August 26, 2007] |
| Class Cluster |
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Class cluster means two or more classifications identified by the state personnel director as having substantially equivalent qualifications for the purposes of implementing a job change, layoff, or recall. |
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[Definition of class cluster added effective January 1, 2002] |
| Classification |
| Classification means a group of positions whose assigned duties and responsibilities are sufficiently alike to warrant assigning the same classification title and requiring the same qualifications. |
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[Definition last amended effective March 18, 2001] |
| Classification Level |
| Classification level means the placement of a classification within a series based on the duties and responsibilities of the position. |
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[Definition last amended effective March 18, 2001] |
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Classified Service |
| Classified service means the Michigan state classified civil service. |
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[Definition last amended effective March 18, 2001] |
| Class Series |
| Class series means a series of classifications with similar but progressively more responsible job duties. |
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[Definition last amended effective March 18, 2001] |
| Collective Bargaining |
| Collective bargaining means the mutual obligation of an exclusive representative and the employer to meet at reasonable times and to negotiate in good faith concerning mandatory subjects of bargaining and to execute a written agreement, subject to approval of the civil service commission. The obligation to negotiate does not compel either party to agree to a proposal or to make a concession. |
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[Definition last amended effective March 18, 2001] |
| Commission |
| Commission means the Michigan civil service commission. |
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[Definition last amended effective March 18, 2001] |
| Compensation Plan |
| Compensation plan means the civil service rules and regulations (including pay schedules) for administration of pay in the classified service. |
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[Definition last amended effective March 18, 2001] |
| Confidential Position |
| Confidential position means each of the following positions in the classified service: |
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(a) |
A position assigned responsibility for directly assisting a person occupying a managerial position. |
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(b) |
A position assigned responsibility for investigating other employees. |
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(c) |
A position that is responsible for providing personal protection services to state elected officials. |
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[Definition last amended effective January 1, 2002] |
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Constitution |
| Constitution means the Michigan constitution of 1963, as amended. |
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[Definition of constitution last amended effective August 26, 2007] |
| Continuing Status |
| Continuing status means status achieved during the current continuous period of employment in the classified service. |
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[Definition last amended effective March 18, 2001] |
| Contractor |
| Contractor means an independent contractor or special personal services employee who enters into a contract with a state agency to provide personal services. |
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[Definition of contractor last amended effective October 1, 2001] |
| Creditable Time |
| Creditable time means each of the following: |
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(a) |
Time in a career appointment. The following times are counted as creditable time: |
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(1) |
Time in an indefinite appointment that is interrupted by a layoff. |
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(2) |
Time in a career appointment that is interrupted by a leave of absence. |
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(3) |
Time in a career appointment that ends as a result of a voluntary, nondisciplinary, nonretirement separation that is immediately followed by appointment to another classified position without a break in service (e.g., resign on Friday and start to work on the next Monday). |
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(b) |
Time in a position in the unclassified service if the appointing authority granted a leave of absence for the unclassified appointment. The time is creditable to the classification level from which the leave was granted. |
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(c) |
Time on a military leave of absence, including temporary and emergency military leave, if authorized by civil service rule or regulation or required by federal law. |
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(d) |
Time for emergencies, transients, and expiration of limited appointments prior to January 1977, providing they are not followed by a separation. |
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(e) |
Time on a paid leave of absence. |
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(f) |
Time on a temporary layoff as authorized in rule 2-4.4 |
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[Definition of creditable time last amended effective May 2, 2007] |
| Current Employment Period |
| Current employment period means the period of state employment that began with service that is creditable for employment preference purposes and that has not been interrupted by a separation or break in service. |
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[Definition last amended effective March 18, 2001] |
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Demotion |
| Demotion means an authorized movement of an employee with status from a position in one classification level to a lower classification level. |
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[Definition last amended effective March 18, 2001] |
| Departmental Employer |
| Departmental employer means the appointing authority responsible for conduct of collective bargaining obligations at the departmental level of state government. Such obligations are known as secondary negotiations. |
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[Definition last amended effective March 18, 2001] |
| Designated Representative |
| Designated representative means an individual employed by, or directly or indirectly representing, any of the following businesses or entities: |
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(a) |
A business, entity, or person that has a contract with the state that the classified employee had or has the authority to (1) award or recommend the award, extension, or renewal of the contract or (2) approve or authorize any payments under the contract. |
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(b) |
A business, entity, or person that is seeking a contract with the state for which the classified employee, as a part of the employee's official duties, had or has (1) the authority to develop, recommend, or approve the contract specifications or (2) the authority to recommend the purchase or award of the contract. |
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(c) |
A business, entity, or person that is regulated by the agency employing the classified employee and for which the classified employee has any regulatory responsibility. |
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(d) |
A business, entity, or person with an enforcement matter or contested case pending before an agency or court and for which the classified employee has any enforcement, adjudicatory, or representational responsibility. |
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(e) |
A business, entity, or person that performs work for the state that is inspected or approved by the classified employee. |
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(f) |
A business, entity, or person whose financial records are audited by the classified employee. |
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(g) |
An employee or representative of a trade association if any member of the association is a business or entity described in subsections (a) through (f). |
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(h) |
An attorney who represents any business, entity, or person described in subsections (a) through (f). |
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(i) |
A lobbyist who represents any business, entity, or person described in
subsections (a) through (f). |
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[Definition of designated representative last amended effective March 27, 2003] |
| Director |
| Director means the state personnel director. |
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[Definition last amended effective March 18, 2001] |
| Disability |
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(a) |
Disability means any of the following: |
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(1) |
A determinable physical or mental characteristic of a person, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic: |
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(A) |
substantially limits one or more of the major life activities of the person, and |
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(B) |
is unrelated to (1) the person's ability to perform the duties of a particular job or position or (2) the person's qualifications for employment or promotion. |
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(2) |
A history of a determinable physical or mental characteristic described in subsection (a)(1). |
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(3) |
Being regarded as having a determinable physical or mental characteristic described in subsection (a)(1). |
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(b) |
Disability does not include either of the following: |
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(1) |
A determinable physical or mental characteristic caused by the current illegal use of a controlled substance by the person. |
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(2) |
A determinable physical or mental characteristic caused by the use of alcohol by the person if that physical or mental characteristic prevents the person from performing the duties of the person's job. |
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[Definition last amended effective March 18, 2001] |
| Disbursements for Personal Services outside the Classified Service |
| Disbursements for personal services outside the classified service means disbursements of appropriated funds by a state agency for the personal services of a person who is not a classified employee of the state. |
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[Definition of disbursements for personal services outside the classified service added effective October 1, 2001] |
| Discriminatory Harassment |
| Discriminatory harassment means unwelcome advances, requests for favors, and other verbal or physical conduct or communication based on religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, disability, or genetic information under any of the following conditions: |
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(a) |
Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment. |
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(b) |
Submission to or rejection of the conduct or communication by a person is used as a factor in decisions affecting the person's employment. |
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(c) |
The conduct or communication has the purpose or effect of substantially interfering with a person's employment or creating an intimidating, hostile, or offensive employment environment. |
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[Definition last amended effective February 20, 2004] |
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Drug |
| Drug means a controlled substance or a controlled substance analogue listed in schedule 1 or schedule 2 of part 72 of the Michigan public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7201, et seq., of the Michigan Compiled Laws, as may be amended from time to time. |
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[Definition last amended effective March 18, 2001] |
| Drug Test |
| Drug test means a chemical test administered to determine the presence of a drug or metabolites in a person's bodily fluids. |
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[Definition last amended effective March 18, 2001] |
| Eligible Position |
| Eligible position means any position in the classified service except an excluded position. |
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[Definition last amended effective March 18, 2001] |
| Emergency Active Duty |
| Emergency active duty means active duty in a uniformed service in support of emergency operations during a national emergency declared by the president, state emergency declared by the governor, or war declared by the United States Congress. |
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[Definition of emergency active duty added effective May 17, 2005] |
| Employee |
| Employee means a classified employee of the state of Michigan over which the civil service commission has jurisdiction under the constitution. |
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[Definition last amended effective March 18, 2001] |
| Employee Status Code |
| Employee status code means the following types of appointment status assigned to an employee for the purposes of determining pay, benefits, and employment preference: |
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(a) |
Full-time indefinite career appointment. |
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(b) |
Part-time indefinite career appointment. |
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(c) |
Limited-term career appointment (full-time and part-time). |
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(d) |
Intermittent career appointment. |
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(e) |
Seasonal career appointment. |
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(f) |
Noncareer appointment. |
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[Definition of employee status codelast amended effective July 24, 2003] |
| Employer |
| Employer means each of the following: |
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(a) |
The appointing authority responsible for (1) exercising the constitutional and statutory administrative and executive authority of a principal department or autonomous entity and (2) implementing the employment relations policy of the governor, the secretary of state, or the attorney general. |
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(b) |
In the context of primary collective bargaining negotiations, employer means the state employer, acting in consultation with elected department directors. |
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[Definition of employer last amended effective August 26, 2007] |
| Employment Preference |
| Employment preference means a process for determining an employee's rights when a reduction in force occurs. |
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[Definition of Employment preference last amended effective March 18, 2001] |
| Examination |
| Examination means an appraisal method. |
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[Definition last amended effective March 18, 2001] |
| Excluded Position |
| Excluded position means each of the following positions in the classified service: |
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(a) |
A confidential position. |
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(b) |
A managerial position. |
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(c) |
A supervisory position. |
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(d) |
A civil service staff position. |
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(e) |
A position in the office of the state employer. |
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[Definition of excluded position last amended effective August 26, 2007] |
| Exclusive Representative |
| Exclusive representative means a labor organization granted recognition and certified as the sole representative of all employees in an appropriate unit. |
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[Definition of Exclusive representative last amended effective March 18, 2001] |
| Explosive |
| Explosive means any bomb, grenade, missile, or other dangerous device designed to expand suddenly and release internal energy resulting in an explosion. |
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[Definition of explosive added effective September 1, 2001] |
| Firearm |
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Firearm means a weapon from which a dangerous projectile may be expelled by an explosive, gas, or air. |
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[Definition of firearm added effective September 1, 2001] |
| Frozen |
| Frozen means a classification or a position to which an appointing authority is prohibited from making an appointment without prior review and approval of the civil service commission. |
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[Definition of frozen last amended effective August 26, 2007] |
| Genetic Information |
| Genetic information means information about a gene, gene product, or inherited characteristic of an individual derived from the individual's family history or a genetic history. |
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[Definition last amended effective March 18, 2001] |
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Genetic Test |
| Genetic test means the analysis of human DNA, RNA, chromosomes, and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis including, but not limited to, a chemical analysis of body fluids unless conducted specifically to determine the presence, absence, or mutation of a gene or chromosome. |
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[Definition last amended effective March 18, 2001] |
| Good Cause |
| Good cause means an acceptable excuse for failing to file or take other required action timely. Good cause does not include a person's own carelessness, negligence, or inattention to the filing or other requirements. |
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[Definition last amended effective March 18, 2001] |
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Grade |
| Grade means classification level. |
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[Definition last amended effective March 18, 2001] |
| Grant |
| Grant means a congressional or legislative appropriation that is passed through a state agency directly to, and for the benefit of, the recipient of the grant. |
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[Definition of grant approved effective October 1, 2001] |
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Grievance |
| Grievance means a complaint, authorized in rule 8-1[Grievances], filed by a classified employee regarding an action by an appointing authority or civil service human resources staff acting pursuant to any assignment, authority, or direction of an appointing authority. |
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[Definition of grievance last amended effective August 26, 2007] |
| Group Insurance Benefits |
| Group insurance benefits means eligibility, enrollments, premiums, coverages, exclusions, costs, reimbursements, payments, copayments, deductibles, coordination of benefits, or other benefits authorized under the group insurance plans. |
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[Definition of group insurance benefits last amended effective May 17, 2005] |
| Hearing Officer |
| Hearing officer means a person authorized by the state personnel director to administer oaths and conduct hearings as provided in the civil service rules and regulations. |
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[Definition last amended effective March 18, 2001] |
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Hire |
| Hire means the initial appointment to the state classified service authorized by civil service staff. |
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[Definition of hire last amended effective August 26, 2007] |
| Home Agency |
| Home agency means the principal department or autonomous agency established under law from which an employee's classified position is moved by executive order to the authority of a temporary agency. |
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[Definition last amended effective March 18, 2001] |
| Hours in Pay Status |
| Hours in pay status means the hours an employee reports that are counted in the pay class "HRS: Hours in Pay Status" as defined in HRMN system. |
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[Definition of hours in pay status was added effective October 9, 2003] |
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| Human Resources Management Network (HRMN) |
| Human Resources Management Network (HRMN) means the integrated network delivering payroll, personnel, and employee benefits functionality and data exchange among agencies and third parties. |
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[Definition last amended effective March 18, 2001] |
| Immediate Family |
| Immediate family in rule 2-8 [Ethical Standards and Conduct] means an employee's grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild. |
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[Definition of immediate familyadded effective March 27, 2003] |
| Indefinite Appointment |
| Indefinite appointment means a career appointment with no fixed ending date at the time of appointment. |
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[Definition last amended effective March 18, 2001] |
| Independent Contractor |
| Independent contractor means an individual contractor or an employee of a contractor who provides personal services and who is not an employee of the state of Michigan. |
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[Definition last amended effective March 18, 2001] |
| Interested Party |
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(a) |
Interested party, in a review of a technical disbursement decision, means a party that filed a request or a written appearance in the initial civil service staff review of the request. |
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(b) |
Interested party, in any other technical review, means a party that filed a technical complaint or a written appearance in the technical complaint review proceeding. |
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[Definition last amended effective March 18, 2001] |
| Job Change |
| Job change means an authorized movement of an employee from one position to another. Job change includes, for example, demotion, lateral job change, promotion, reclassification, and reduction-in-force. |
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[Definition last amended effective March 18, 2001] |
| Job Title |
| Job title is a HRMN term that represents class series. |
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[Definition last amended effective March 18, 2001] |
| Labor Organization |
| Labor organization means an employee organization recognized by the state personnel director as (1) an exclusive representative of eligible employees or (2) a limited-recognition organization. |
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[Definition last amended effective March 18, 2001] |
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Labor Relations Appeal |
| Labor relations appeal means an appeal to the civil service commission of a labor relations decision of the state personnel director or other civil service staff. |
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[Definition of labor relations appeal last amended effective August 26, 2007] |
| Lateral Job Change |
| Lateral job change means the authorized movement of an employee to a different position (1) in the same classification or (2) in a different classification at the same classification level. |
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[Definition last amended effective March 18, 2001] |
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Least Senior Position |
| Least senior position means (1) a vacancy that the appointing authority intends to fill or, (2) lacking a vacancy, the position occupied by the person with the least total continuous service. |
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[Definition last amended effective March 18, 2001] |
| Limited-recognition Organization |
| Limited-recognition organization means a labor organization recognized by the state personnel director to represent employees in nonexclusively represented positions. |
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[Definition last amended effective March 18, 2001] |
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Limited-term Appointment |
| Limited-term appointment means a career appointment that has a fixed ending date at the time of appointment. |
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[Definition last amended effective March 18, 2001] |
| Longevity |
| Longevity means a supplemental payment to eligible employees based upon total years of service. |
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[Definition last amended effective March 18, 2001] |
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Lump Sum Award |
| Lump sum award means a portion of an employee's compensation award under a performance-pay program that is (1) in addition to the employee's base salary, (2) paid in a single payment, and (3) not rolled into the employee's base salary. |
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[Definition last amended effective March 18, 2001] |
| Maintenance Allowance |
| Maintenance allowance means an amount by which an employee is reimbursed for expenses incurred in conjunction with the employee's job, such as meals, lodging, and mileage. |
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[Definition last amended effective March 18, 2001] |
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Managerial Position |
| Managerial position means a position in the classified service that is assigned responsibility for one or more of the following: |
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(a) |
Establishing policy or directing the work of an agency or one of its subdivisions. |
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(b) |
Administering the policies and programs of an agency or one of its subdivisions. |
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(c) |
Managing, administering, or controlling a local branch office of an agency. |
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(d) |
Representing or advising the state in legal matters. |
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(e) |
Adjudicating disputes involving classified employees or mediating labor-management relations in the public or private sector. |
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(f) |
Assisting in the preparation for, or conduct of, primary or secondary negotiations on behalf of the employer. |
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(g) |
Administering personnel administration, labor relations, or the preparation and administration of a budget at the central level of state government, an agency, or one of its subdivisions. |
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[Definition of managerial position last amended effective August 26, 2007] |
| Mandatory Subjects of Bargaining |
| Mandatory subjects of bargaining means subjects of bargaining that are neither prohibited nor permissive subjects of bargaining. |
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[Definition last amended effective March 18, 2001] |
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Meet and Confer |
| Meet and confer means the mutual obligation of employees or their representatives and the employer to meet at reasonable times and to confer in good faith regarding rates of compensation and other conditions of employment. |
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[Definition last amended effective March 18, 2001] |
| Moved Employee |
| Moved employee means a career employee whose classified position has been moved from a home agency to the authority of a temporary agency solely as a result of either (1) the creation of a temporary agency or (2) an executive order under article 5, section 2, of the constitution, moving functions or personnel to a temporary agency. |
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[Definition last amended effective March 18, 2001] |
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Noncareer Appointment |
| Noncareer appointment means an appointment to a classified position that is expected to last less than the equivalent of 90 full-time workdays in a calendar year. |
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[Definition last amended effective March 18, 2001] |
| Noncreditable Time |
| Noncreditable time means each of the following: |
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(a) |
Time preceding a separation, dismissal, retirement, or other break in service from state employment, unless expressly defined as creditable time. |
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(b) |
Time on an unpaid leave of absence, including, for example, medical leave or educational leave. |
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(c) |
Time on an unpaid suspension. |
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(d) |
Overtime in excess of 80 hours in a biweekly pay period. |
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(e) |
Time in a noncareer appointment. |
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(f) |
Military service time that is creditable for retirement only. |
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(g) |
Lost time. |
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(h) |
Time in layoff status, but excluding time on a temporary layoff as authorized in rule 2-4.4. |
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[Definition of noncreditable time last amended effective May 2, 2007] |
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Nonexclusively Represented Position |
| Nonexclusively represented position means (1) an excluded position or (2) an eligible position in a unit that has not elected an exclusive representative. |
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[Definition last amended effective March 18, 2001] |
| Off-duty Time |
| Off-duty time means all time outside actual-duty time. Off-duty time includes the time an employee is on a leave of absence from the performance of the employee's public duties as a member of the classified service, including, but not limited to, time on annual leave, personal leave, school leave, sick leave, union leave, and lost time. |
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[Definition last amended effective March 18, 2001] |
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Party |
| Party means any of the following persons or organizations: |
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(a) |
Party, in a grievance appeal, means any of the following: |
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(1) |
The employee who filed the grievance. |
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(2) |
The appointing authority that issued the final grievance decision being appealed. |
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(b) |
Party, in a technical classification review, means any of the following: |
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(1) |
An employee whose classification is directly affected by a technical classification decision. |
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(2) |
The appointing authority of an employee in subdivision (b)(1). |
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(3) |
Any other interested person with a demonstrable special interest in the technical classification decision that is granted permission to participate in the review. |
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(c) |
Party, in a technical qualification review, means any of the following: |
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(1) |
A person whose qualifications and fitness for a position in the classified service is directly affected by a technical qualification decision. |
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(2) |
An appointing authority that requested a technical qualification decision. |
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(3) |
Any other interested person with a demonstrable special interest in the technical qualification decision that is granted permission to participate in the review. |
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(d) |
Party, in a review of a technical disbursement decision, means any of the following: |
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(1) |
The appointing authority that files a request under rule 7-6 [Prior Written Approval by Civil Service Staff] or rule 7-7 [Preauthorized Approval] regarding disbursements for personal services. |
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(2) |
An exclusive representative of a classified employee with a direct interest in the technical disbursement decision. |
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(3) |
A nonexclusively represented classified employee with a direct interest in the technical disbursement decision. |
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(4) |
A limited recognition organization appearing on behalf of a classified employee with a direct interest in the technical disbursement decision. |
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(5) |
The office of the state employer. |
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(6) |
Any other person or organization with a demonstrable special interest in the technical disbursement decision who (1) petitions to participate in the civil service staff review and (2) is authorized by civil service staff to participate in the review. |
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(e) |
Party, in a review of a technical appointment decision, means any of the following: |
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(1) |
An unsuccessful candidate who files a technical appointment complaint. |
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(2) |
An employee whose appointment is revoked by civil service staff in an audit review. |
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(3) |
An employee whose appointment is challenged in a technical appointment complaint. |
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(4) |
The appointing authority of an employee whose appointment is revoked in an audit review or challenged in a technical appointment complaint. |
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(f) |
Party, in an inquiry about a complaint filed with the state personnel director under rule 7-9 [Complaints and Investigations], means any of the following: |
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(1) |
The person filing the complaint. |
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(2) |
The appointing authority that made or authorized the questioned disbursements. |
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(3) |
The office of the state employer. |
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(4) |
Any other person or organization with a demonstrable special interest in the complaint who (1) petitions the state personnel director to participate in the inquiry and (2) is authorized by the director to participate in the inquiry. |
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[Definition of party last amended effective August 26, 2007] |
| Performance-pay Program |
| Performance-pay program means a compensation system in which the state personnel director, on request of an appointing authority, adjusts individual compensation on the basis of individual and group performance evaluations, individual competencies, departmental objectives, departmental budget, and other job-related factors. The primary purpose of a performance-pay program is to recognize, reward, and encourage exceptional individual and group performance. |
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[Definition last amended effective March 18, 2001] |
| Permissive Subjects of Bargaining |
| Permissive subjects of bargaining means subjects of bargaining that are included in the rights reserved to management as a matter of law, including civil service rule 6-4 [Rights of Employer], unless the management right is a prohibited subject of bargaining. |
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[Definition last amended effective March 18, 2001] |
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Personal Services |
| Personal services means work performed for the direct benefit of the state by an individual for compensation. |
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[Definition last amended effective March 18, 2001] |
| Position |
| Position means a classified job identified by its respective duties and responsibilities. |
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[Definition last amended effective March 18, 2001] |
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Position Title |
| Position title is a HRMN term that represents classification. |
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[Definition last amended effective March 18, 2001] |
| Preauthorized |
| Preauthorized means the specific authorization granted to an appointing authority to process a transaction in accordance with civil service rules and regulations without prior civil service review. |
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[Definition last amended effective March 18, 2001] |
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Primary Negotiations |
| Primary negotiations means collective bargaining negotiations at the central level between the state employer and an exclusive representative. |
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[Definition last amended effective March 18, 2001] |
| Principal Department |
| Principal department means one of not more than 20 executive branch departments provided for by article 5, section 2, of the constitution. |
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[Definition last amended effective March 18, 2001] |
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Process Level |
| Process level is a HRMN term that represents principal department, autonomous entity, or agency of convenience. |
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[Definition last amended effective March 18, 2001] |
| Prohibited Practices |
| Prohibited practices means unfair labor practices specified in the civil service rules or regulations. |
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[Definition last amended effective March 18, 2001] |
| Promotion |
| Promotion means the appointment of an employee to a different position at a higher classification level. |
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[Definition last amended effective March 18, 2001] |
| Proper Subjects of Bargaining |
| Proper subjects of bargaining means rates of compensation and other conditions of employment that are not prohibited subjects of bargaining. Proper subjects of bargaining include both mandatory and permissive subjects of bargaining. |
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[Definition last amended effective March 18, 2001] |
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Qualified |
| Qualified means that the job-related knowledge, skills, abilities, competencies, and other qualifications of an applicant or candidate meet or exceed the requirements for a position in the civil service job specifications. |
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[Definition last amended effective March 18, 2001] |
| Random Selection Basis |
| Random selection basis means a mechanism for selecting test-designated employees for drug tests and alcohol tests that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected and (2) does not give an appointing authority discretion to waive the selection of any employee selected under the mechanism. |
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[Definition last amended effective March 18, 2001] |
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Reasonable Suspicion |
| Reasonable suspicion means a belief, drawn from specific objective facts and reasonable inferences drawn from those facts in light of experience, that an employee is using or may have used drugs or alcohol in violation of a departmental work rule or a civil service rule or regulation. By way of example only, reasonable suspicion may be based upon any of the following: |
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(a) |
Observable phenomena, such as direct observation of drug or alcohol use or the physical symptoms or manifestations of being impaired by, or under the influence of, a drug or alcohol. |
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(b) |
A report of on-duty or sufficiently recent off-duty drug or alcohol use provided by a credible source. |
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(c) |
Evidence that an individual has tampered with a drug or alcohol test during employment with the state of Michigan. |
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(d) |
Evidence that an employee is involved in the use, possession, sale, solicitation, or transfer of drugs or alcohol while on duty, while on the employer's premises, or while operating the employer's vehicle, machinery, or equipment. |
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[Definition last amended effective March 18, 2001] |
| Recall List |
| Recall list means a list of persons who have been laid off, demoted, or otherwise displaced for reasons of administrative efficiency, including, for example, lack of work, lack of adequate funding, change in mission, or reorganization of the work force. |
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[Definition last amended effective March 18, 2001] |
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Reclassification |
| Reclassification means an authorized classification action to change an employee's classification or grade based on the gradual growth and accretion of higher level duties. |
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[Definition last amended effective March 18, 2001] |
| Red-circled Pay Treatment |
| Red-circled pay treatment means fixing the current salary rate of an employee above the maximum salary rate authorized in the compensation plan for the employee's classification or classification level. |
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[Definition last amended effective March 18, 2001] |
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Regulation |
| Regulation means a formal, general written enactment issued by the state personnel director that: (1) exercises, implements, or applies powers granted to the director in article 11, section 5, of the constitution; (2) exercises, implements, or applies powers granted to the director or civil service staff by civil service rule; or (3) prescribes the procedures or practices of civil service staff. |
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[Definition of regulation last amended effective August 26, 2007] |
| Rehabilitation Program |
| Rehabilitation program means an established program to identify, assess, treat, and resolve employee drug or alcohol abuse. |
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[Definition last amended effective March 18, 2001] |
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Reinstatement |
| Reinstatement means the appointment of a person who was previously separated from, or demoted in, the classified service while in satisfactory standing. |
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[Definition last amended effective March 18, 2001] |
| Request |
| Request means a request submitted by an appointing authority to civil service staff under rule 7-6 [Prior Written Approval by Civil Service Staff], for approval to make disbursements for personal services to a person who is not a classified state employee, or under rule 7-7 [Preauthorized Approval], to add personal services to the preauthorized list. |
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[Definition of request last amended effective August 26, 2007] |
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Rule |
| Rule means a statement of general applicability approved by the civil service commission and published by the state personnel director that (1) exercises, implements, or applies powers granted in article 11, section 5, of the constitution or (2) prescribes the procedures or practices of the civil service commission or civil service staff. A rule has the force and effect of law unless a court of competent jurisdiction determines that the rule is unconstitutional or otherwise contrary to law. |
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[Definition of rule last amended effective August 26, 2007] |
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Secondary Negotiations |
| Secondary negotiations means (1) collective bargaining negotiations authorized by a primary agreement to take place at the departmental level between the departmental employer, in consultation with the state employer, and exclusive representatives or (2) collective bargaining negotiations of noncompensation issues at the departmental level between departments with elected directors and the exclusive representatives. |
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[Definition of Secondary negotiations last amended effective March 18, 2001] |
| Selective Position Requirements |
| Selective position requirements means specific qualifications that are narrower or more limited than those generally associated with a position and that are determined to be essential for performance of the duties of a specific position. |
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[Definition last amended effective March 18, 2001] |
| Seniority |
| Seniority means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment. |
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[Definition of seniority added effective May 17, 2005] |
| Service in the Uniformed Services |
| Service in the uniformed services means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, a period for which an employee is absent from employment for the purpose of an examination to determine the fitness of the employee to perform any such duty, and a period for which an employee is absent from employment for the purpose of performing funeral honors duty as authorized under applicable federal law [10 USC §12503 or 32 USC §115]. |
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[Definition of service in the uniformed services added effective May 17, 2005] |
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Sexual Orientation |
| Sexual orientation means actual or imputed heterosexuality, homosexuality, or bisexuality. |
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[Definition of sexual orientation added effective February 20, 2004] |
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Shift Differential |
| Shift differential means a supplementary hourly payment made to an employee whose regularly scheduled shift falls between certain designated hours. |
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[Definition last amended effective March 18, 2001] |
| Special Extenuating Circumstances |
| Special extenuating circumstances means a compelling excuse for the failure to file a matter timely that arises out of one of the following: |
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(a) |
An intentionally or fraudulently misleading action by an appointing authority or party that prevented the filing. |
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(b) |
Serious physical or mental incapacity of the person that prevented the filing. |
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(c) |
Extraordinary unforeseen circumstances outside the control of the person that prevented the filing. |
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[Definition last amended effective March 18, 2001] |
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Special Personal Services (SPS) Employee |
| Special personal services employee means a contractor who is an employee of a state agency and who is not a classified employee, an exempt employee, or an excepted employee. |
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[Definition last amended effective March 18, 2001] |
| State Employer |
| State employer means the governor's designated representative for collective bargaining and for consultation with employees in nonexclusively represented positions. |
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[Definition last amended effective March 18, 2001] |
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State Office |
| State office in rule 1-12 [Political Activities] means (1) full-time elective office in the executive or legislative branch of state government, (2) justice of the Michigan supreme court, or (3) judge of the Michigan court of appeals. |
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[Definition last amended effective March 18, 2001] |
| State Workplace |
| State workplace means an office or building owned or leased by the state in which classified employees are assigned or work. State workplace includes any state-owned or leased common grounds or parking areas used by classified employees assigned to or working in the office or building. |
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[Definition of state workplace added effective September 1, 2001] |
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Status |
| Status means the recognition of an employee who has been properly appraised, qualified, and appointed to the classified service and who has satisfactorily completed the probationary period in an indefinite or limited-term appointment. |
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[Definition last amended effective March 18, 2001] |
| Status Classification |
| Status classification means a particular classification in which an employee has obtained or held status. |
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[Definition last amended effective March 18, 2001] |
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Strike |
| Strike means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions of employment, compensation, or the rights, privileges, or obligations of employment or for the purpose of protesting or responding to an act alleged or determined to be an unfair labor practice committed by an employer. |
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[Definition last amended effective March 18, 2001] |
| Subclass |
| Subclass means additional specialized experience, specialized training, licensure, or other specialized qualification that is required for appointment to a specific subgroup of positions. |
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[Definition last amended effective March 18, 2001] |
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Supervisory Position |
| Supervisory position means a position in the classified service that meets one or more of the following criteria: |
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(a) |
A position assigned responsibility, in the interest of the agency, to hire, assign, discipline, lay off, recall, promote, reclassify, evaluate, or set the pay for another employee. |
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(b) |
A position assigned responsibility to direct an employee or to adjust employee grievances. |
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(c) |
A position assigned responsibility effectively to recommend any action referenced in subsection (a) or (b) if the exercise of such authority requires the use of independent judgment and is not merely a routine or clerical act. |
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[Definition of supervisory position last amended effective August 26, 2007] |
| Supplemental Employment |
| Supplemental employment means employment, including self-employment, outside the classified service with any business or entity. |
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[Definition of supplemental employment added effective March 27, 2003] |
| Technical Complainant |
| Technical complainant means any of the following persons when directly affected and aggrieved by a technical decision: |
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(a) |
An applicant for employment. |
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(b) |
A classified employee. |
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(c) |
An appointing authority. |
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(d) |
The office of the state employer. |
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(e) |
Any other person or organization specifically authorized by civil service rule or regulation to file a technical complaint. |
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[Definition last amended effective March 18, 2001] |
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Technical Complaint |
| Technical complaint means a written complaint that a technical decision (1) violated article 11, section 5, of the Michigan constitution, (2) violated a civil service rule or regulation, or (3) was arbitrary and capricious. |
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[Definition last amended effective March 18, 2001] |
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Technical Decision |
| Technical decision includes each of the following individual decisions: |
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(a) |
Technical classification decision means a civil service staff decision (1) classifying a position in the classified service or (2) making a working-out-of-class determination. |
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(b) |
Technical qualification decision means a civil service staff decision determining the qualifications and fitness of a candidate for a position in the classified service. |
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(c) |
Technical disbursement decision means a civil service staff decision authorized under rule 7-6 [Prior Written Approval by Civil Service Staff] or rule 7-7 [Preauthorized Approval] regarding disbursements for personal services. |
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(d) |
Technical appointment decision means (1) a decision of an appointing authority appointing a candidate to a position in the classified service or (2) a decision of civil service staff certifying or revoking an appointment to a position in the classified service. |
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[Definition of technical decision last amended effective January 1, 2002] |
| Temporary Agency |
| Temporary agency means an autonomous commission or agency of the state of Michigan with a life of not more than 2 years, created under article 5, section 4, of the constitution. |
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[Definition last amended effective March 18, 2001] |
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Test-designated Employee |
| Test-designated employee means a classified employee who occupies a test-designated position. |
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[Definition last amended effective March 18, 2001] |
| Test-designated Position |
| Test-designated position means any of the following: |
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(a) |
A safety-sensitive position in which the employee is required to possess a valid commercial driver's license or to operate a commercial motor vehicle, an emergency vehicle, or dangerous equipment or machinery. |
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(b) |
A position in which the employee possesses law enforcement powers or is required or permitted to carry a firearm while on duty. |
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(c) |
A position in which the employee, on a regular basis, provides direct health care services to persons in the care or custody of the state or one of its political subdivisions. |
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(d) |
A position in which the employee has regular unsupervised access to and direct contact with prisoners, probationers, or parolees. |
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(e) |
A position in which the employee has unsupervised access to controlled substances. |
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(f) |
A position in which the employee is responsible for handling or using hazardous or explosive materials. |
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[Definition last amended effective March 18, 2001] |
| Threat of violence |
| Threat of violence means any intentional communication or other act that threatens an act of violence and would cause a reasonable person to feel terrorized, threatened, or fear physical injury or death to oneself or another person. |
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[Definition of threat of violence added effective September 1, 2001] |
| Total Continuous Service |
| Total continuous service means the number of paid hours of creditable time compiled during a current employment period. Total continuous service includes creditable time but does not include noncreditable time. |
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[Definition last amended effective March 18, 2001] |
| Union Activities |
| Union activities means activities undertaken on behalf of a labor organization, including, but not limited to, preparation for collective bargaining, collective bargaining, contract administration, grievance administration or adjustment, grievance hearings, meetings with the employer, organizational administration, attendance at union meetings, litigation, lobbying, labor relations training, and organizing. |
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[Definition last amended effective March 18, 2001] |
| Uniformed Services |
| Uniformed services means all of the following: |
| (a) |
The armed forces of the United States, including the army, navy, marine corps, air force, coast guard, army reserve, naval reserve, marine corps reserve, air force reserve, and coast guard reserve. |
| (b) |
The army national guard and the air national guard when engaged in federal or state active duty for training, inactive duty training, or full-time national guard duty. |
| (c) |
The commissioned corps of the public health service. |
| (d) |
The National Disaster Medical Service (NDMS), for service performed as an intermittent disaster-response appointee upon activation of the NDMS or participation in a related training program, as authorized in 42 USC §300hh-11(e)(3)(A). |
| (e) |
Any other category of persons designated by the president in time of war or national emergency. |
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[Definition of uniformed services last amended effective August 26, 2007] |
| Union Leave |
| Union leave means an absence from the performance of an employee's public duties as a member of the classified civil service to engage in union activities. |
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[Definition last amended effective March 18, 2001] |
| Unrelated to the Person's Ability |
| Unrelated to the person's ability means, with or without accommodation, a person's disability does not prevent the person from performing the duties of a particular job or position. |
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[Definition last amended effective March 18, 2001] |
| Working out of Class |
| Working out of class means being temporarily assigned to and performing the duties and responsibilities of another classification, in accordance with the standards in rule 4-5 [Working out of Class]. |
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[Definition of working out of class added effective January 1, 2002]] |
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[Rule 9-1 last amended effective December 19, 2007] |
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[End of Chapter 9]
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