AUTHORITY: Implementing and authorized by the State Treasurer Employment Code (Ill. Rev. Stat. 1991, ch. 130, pars. 101 et seq.) [15 ILCS 510/1 et seq.].

SOURCE: Adopted at 15 Ill. Reg. 21036, effective December 11, 1990; amended at 17 Ill. Reg. 4510, effective March 22, 1993.

SUBPART A: APPLICATION AND EXAMINATION

 

Section 620.110  Examination

 

a)         The Director of the Department of Personnel (Director of the Department) in the Office of the Treasurer shall conduct examinations to test the relative fitness of applicants for positions subject to the State Treasurer Employment Code (Code) (Ill. Rev. Stat. 1989, ch. 130, pars. 101 et seq.).  Examinations may include an evaluation of factors such as education, experience, training, capacity, knowledge, manual dexterity, character, and physical fitness.  Tests shall be job related and may be written, oral, a physical demonstration of skill, an evaluation of physical or manual fitness, or an evaluation of education and experience. Examinations shall consist of one or more tests in any combination.  Where minimum or maximum requirements are established for any examination, they shall be specified in the examination announcement.

 

b)         Applicants shall not be questioned with respect to non-merit matters except as is necessary to meet the requirements of law or State policy.

 

c)         In lieu of announcing or conducting examinations, the Director may accept the results of competitive examinations conducted by an established merit system.

 

Section 620.120  Examinations - Time and Place

 

Examinations shall be held at such times and places as are necessary to meet the requirements of the Office of the Treasurer, provide economical administration, and be generally convenient for applicants.  The Director may cancel or postpone examinations at any time (e.g., lack of applicants at the time the examination is scheduled to be held).

 

Section 620.130  Veterans' Preference

 

a)         For the granting of appropriate preference in entrance examinations to qualified persons who have been members of the armed forces of the United States or to unqualified persons who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and to certain other persons as set forth in this Section.

 

1)         "Time of hostilities with a foreign country," means any period of time in the past, present, or future during which a declaration of war by the United States Congress has been or is in effect or during which an emergency condition has been or is in effect that is recognized by the issuance of a Presidential proclamation or a Presidential executive order and in which the armed forces expenditionary medal or other campaign service medals are awarded according to Presidential executive order.

 

2)         "Armed forces of the United States" means the United States Army, Navy, Air Force, Marine Corps, or Coast Guard.  Service in the Merchant Marines that constitutes active duty under 38 U.S.C. 106 shall also be considered service in the Armed Forces of the United States for purposes of this Section.

 

b)         The preference granted under this Section shall be in the form of points added to the final grades of the persons if they otherwise qualify and are entitled to appear on the list of those eligible for appointments.

 

c)         A veteran is qualified for a preference of 10 points if the veteran currently holds proof of a service connected disability from the United States Department of Veterans Affairs or an allied country or if the veteran is a recipient of the Purple Heart.

 

d)         A veteran who has served during a time of hostilities with a foreign country is qualified for a preference of 5 points if the veteran served under one or more of the following conditions:

 

1)         The veteran served a total of at least 6 months;

 

2)         The veteran served for the duration of hostilities regardless of the length of engagement;

 

3)         The veteran was discharged on the basis of hardship; or

 

4)         The veteran was released from active duty because of a service connected disability and was discharged under honorable conditions.

 

e)         A person not eligible for a preference under subsection (c) or (d) above is qualified for a preference of 3 points if the person has served in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States and the person:

 

1)         service for at least 6 months and has been discharged under honorable conditions;

 

2)         has been discharged on the ground of hardship; or

 

3)         was released from active duty because of the service connected disability.

 

            An active member of the National Guard or a reserve component of the armed forces of the United States is eligible for the preference if the member meets the service requirements of this subsection.

 

f)         The rank order of persons entitled to a preference on eligible lists shall be determined on the basis of their augmented ratings.  When the Director establishes eligible lists on the basis of category ratings such as "superior", "excellent", "well qualified", and "qualified", the veteran eligible in each such category shall be preferred for appointment before the non-veteran eligibles in the same category.

 

g)         Employees in positions covered by this Code who, while in good standing, leave to engage in military service during a period of hostility, shall be given credit for seniority purposes for time served in the armed forces.

 

h)         A surviving unremarried spouse of a veteran who suffered a service connected death or the spouse of a veteran who suffered a service connected disability that prevents the veteran from qualifying for civil service employment shall be entitled to the same preference to which the veteran would have been entitled under this Section.

 

i)          A preference shall also be given to the following individuals:  10 points for one parent of an unmarried veteran who suffered a service connected death or a service connected disability that prevents the veteran from qualifying for civil service employment.  The first parent to receive a civil service appointment shall be the parent entitled to the preference.

 

(Source:  Amended at 17 Ill. Reg. 4510, effective March 22, 1993)

 

Section 620.140  Equal Opportunity

 

Applicants or employees shall not be discriminated against on the basis of race, religion, sex, marital status, national origin, political affiliation, or membership in, or activity in or on behalf of, employee labor organizations, or any other non-merit factor.  Applicants capable of performing the duties in the class shall not be discriminated against because of physical or mental handicap.

 

Section 620.150  Residency Requirement

 

Applicants who are not residents of the State of Illinois may be appointed only upon the waiver of residency requirements by the Director and only when there are fewer than three qualified residents of Illinois available.

 

Section 620.160  Employment of Family Members

 

No spouse, parent, child, brother or sister of a present employee of the Office of the Treasurer is eligible for a position of employment within the same operational unit which is subject to the Code.  This Section does not affect relatives employed prior to the effective date of this Section.

 

Section 620.170  Linguistic Requirements

 

The Director may establish linguistic options when bilingual skills are required of the job.

 

Section 620.180  Eligible Lists

 

The Department shall establish and maintain lists of qualified applicants for positions covered by the Code.  These applicants shall have successfully qualified through competitive examinations as provided in Section 620.110.  The names of successful applicants shall be arranged in the order of their relative excellence (e.g., well qualified, qualified, or minimally qualified) whether by numerical grade or category grouping.  The length of time an eligible's name may appear on the list shall be specified in the examination announcement.

 

Section 620.190  Responsibilities of Eligibles

 

It shall be the responsibility of each eligible to inform the Department in writing of any changes in address or availability for employment.

 

Section 620.200  Appointments - Positions Subject to the Code

 

Positions which are covered by the Code shall be filled in one of the following ways:  

 

a)         By appointment of an applicant ranking among the three highest on an eligible list which is numerically rated;

 

b)         By appointment of an applicant from the highest ranking group of eligibles from an eligible list which is not numerically rated;

 

c)         By present employees, as of January 1, 1989, who have passed the probationary period and who shall be continued in their positions without further examination;

 

d)         By an appointment to a position through promotion of an employee who is qualified pursuant to Section 620.610;

 

e)         By emergency appointment for a period not in excess of ninety (90) calendar days to meet emergency situations.  Emergency appointments may be made without regard to eligible lists.  Such appointments may not be renewed;

 

f)         By temporary appointments to positions which are temporary or seasonal in nature as determined by the Director.  Such appointments shall not exceed six (6) months out of any twelve (12) month period;

 

g)         By provisional appointments to positions without competitive examination when there is no appropriate eligible list.  Provisional appointments may not exceed six (6) months out of any twelve (12) month period;

 

h)         By the transfer of employees from one position to another if the qualifications, responsibilities, duties, and salary range are similar.

 

i)          By reinstatement of persons who formerly held certified status under the Code, the Personnel Code (Ill. Rev. Stat. 1989, ch. 127, pars. 63b101 et seq.), the Secretary of State Merit Employment Code (Ill. Rev. Stat. 1989, ch. 124, pars. 101 et seq.), the Comptroller Merit Employment Code (Ill. Rev. Stat. 1989, ch. 15, pars. 401 et seq.), or the State Universities Civil Service System (Ill. Rev. Stat. 1989, ch. 24 ½, pars. 38b1 et seq.). To be eligible for reinstatement, such persons shall have resigned while in good standing or shall have been laid off from employment within their respective merit systems.

 

j)          By reemployment of an employee whose name appears upon a reemployment list; reemployment may be made to positions in the same or lower salary range as the salary range applicable to the position from which the person to be reemployed was laid off; reemployment appointments shall be qualified employees and shall be made after consideration of seniority and performance records;

 

k)         By the appointment of trainees into training programs approved by the Director; appointments may be made with or without examination of applicants; trainees do not acquire any rights under the Code by virtue of trainee appointments;

 

l)          By the reduction in rank or class of an employee, for cause, with the prior approval of the Director;

 

m)        By the transfer of active, certified employees from the jurisdictions of the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Universities Civil Service System; persons so transferred shall retain the same status under the Code as that which they held under their previous merit employment.

 

Section 620.210  Types of Status

 

The following types of appointments may be made by the Director:  

 

a)         Exempt:  

 

1)         For persons in positions not subject to the Code.  If an exempt employee's position becomes subject to the Code by reason of extension of the Code, pursuant to Section 7(c) of the Code, the employee shall establish eligibility for the position by satisfactorily passing a qualifying examination prescribed by the Director within six (6) months after the extension of the Code to the position.

 

2)         In all other cases, if an exempt employee's position becomes subject to the Code, the employee shall establish eligibility for the position within six (6) months by successfully competing in the open competitive examination and receiving a probationary appointment according to applicable rules.

 

b)         Emergency:  For persons selected to meet emergency situations. Emergency appointments shall not exceed ninety (90) days, shall not be renewed, and may be made without regard to an eligible list.  Notices of selections and terminations shall be reported to the Director.

 

c)         Temporary:  For persons in positions to perform temporary or seasonal work.  No position shall be filed by temporary appointment for more than six (6) months out of any twelve (12) month period.

 

d)         Provisional:  For persons in positions for which there are fewer than three available eligibles on the open competitive eligible list.  No positions shall be filled by provisional appointment for more than six (6) months out of any twelve (12) month period.  If a provisional employee's position is allocated to a class for which there are available eligibles, eligibility for such position shall be established within ninety (90) days through successfully competing in the open competitive examination and receiving a probationary appointment according to the applicable rules therein.

 

e)         Probationary:  For persons appointed from an eligible list or those receiving a promotion or being reinstated.  If a probationary employee's position is declared exempt from the Code, the balance of the probationary period shall be served after which certified status shall be attained.

 

f)         Certified:  For persons having successfully completed the required probationary period.  If a certified employee's position is declared exempt from the Code, certified status shall be retained in that position.

 

g)         Trainee:  For persons in positions pursuant to established trainee and apprenticeship programs.

 

Section 620.220  Extension of the Code

 

a)         Employees in positions to which the Code is extended pursuant to Section 7(c) of the Code shall be continued in such positions and shall attain certified status therein, provided they pass a qualifying examination prescribed by the Director within six (6) months after the jurisdiction is extended and provided they satisfactorily complete their respective probationary periods.

 

b)         Appropriate standards for probationary appointments shall be prepared by the Director and appointments of probationary employees shall be without regard to eligible lists and without regard to the provisions of the Code and this Part requiring the appointment of the person standing among the three highest on the appropriate eligible list to fill a vacancy or from the highest category ranking group if the list is by ranking instead of numerical ratings.  Nothing herein shall preclude the reclassification or reallocation as provided by this Part of any position held by any such incumbent.

SUBPART B: CONTINUOUS SERVICE

 

Section 620.310  Definition

 

a)         Continuous service is the uninterrupted period of service from the date of original appointment to State service except as provided in Section 620.370.

 

b)         Employees who have accrued continuous service in another merit system in State service or who have accrued continuous service in State service not covered by a merit system and who have been transferred to a department subject to the Code shall be given credit for said service as shall be determined by the Director or required by law.

 

Section 620.320  Interruptions in Continuous Service

 

Continuous service shall be interrupted by:  

 

a)         Resignation; provided, however, that such continuous service will not be interrupted by resignation when an employee is employed in another position in State service within four (4) calendar days of such resignation;

 

b)         Discharge; provided, however, such continuous service shall not be interrupted if the employee is retained in the position after the hearing before the Personnel Review Board;

 

c)         Termination; because an employee has not been reemployed within two (2) years after layoff.

 

Section 620.330  Deductions from Continuous Service

 

Except as provided in Section 620.360, the following shall be deducted from, but not interrupt, continuous service:  

 

a)         Time away from work for any leaves of absence without pay totaling more than thirty (30) days in any twelve (12) month period, except time away from work for a leave of absence to accept a temporary, provisional, emergency, or exempt assignment in another class shall not be deducted from continuous service;

 

b)         Time away from work because of disciplinary suspensions totaling more than (30) days in any twelve (12) month period;

 

c)         Time away from work because of layoff.

 

Section 620.340  Veterans Continuous Service

 

a)         Leaves of absence shall be granted to all employees, except temporary or emergency employees, who leave their positions and enter military service for four (4) years or less (exclusive of any additional service imposed pursuant to law).  An employee shall be restored to the same or similar position on making an application to the Department of Personnel within ninety (90) days after separation from active duty or release from hospitalization continuing after discharge for not more than one (1) year. The employee must provide evidence of satisfactory completion of training and military service when making application and be qualified to perform the duties of the position.

 

b)         Subject to the provisions of Section 620.200, a veteran who returns to State service after having been granted a leave of absence from provisional status shall be permitted and required to pass the same or similar examination for his/her position within ninety (90) days.

 

c)         Trainees who have not previously done so and whose training was interrupted by military leave shall be required to qualify in an examination in the trainee class before being granted allocation or non-competitive promotion to a higher class.

 

Section 620.350  Peace Corps or Job Corps Enrollees Continuous Service

 

Any employee who volunteers and is accepted for service in the overseas or domestic Peace Corps or Job Corps shall be given a leave or absence from his/her State employment for the duration of his/her initial period of service and restored to the same or similar position provided that the employee returns to his/her employment within ninety (90) days of the termination of his/her service or release from hospitalization from a service Peace Corps or Job Corps connected disability.

 

Section 620.360  Accrual and Retention of Continuous Service During Certain Leaves

 

During a maternity absence or an educational, military, Peace Corps, Job Corps, or service-connected disability leave, an employee shall retain and accrue continuous service provided appropriate application or return, as the case may be, is made pursuant to the requirements of Sections 620.430 and 620.440.  No other employment benefit shall be granted during such leave.

 

Section 620.370  Limitations on Continuous Service

 

Temporary and emergency employees employed after January 1, 1989, shall not accumulate continuous service except as provided in the Code.

SUBPART C: PERFORMANCE REVIEW

 

Section 620.410  Performance Records

 

a)         Performance records shall constitute all material in an employee's personnel file which, in the judgment of the Director, is relevant to determining the appropriateness of proposed or recommended personnel transactions.

 

b)         Such records shall be considered by the Director in all cases of promotion, demotion, discharge, layoff, recall, reinstatement, geographical transfer, and certification.

 

Section 620.420  Performance Evaluation Forms

 

a)         Performance records shall include an evaluation of employee performance prepared by each department head or designee on forms prescribed by the Director.

 

b)         For an employee serving a six (6) month probationary period, the department head or designee shall prepare and submit to the Department two such evaluations - one at the end of the third (3rd) month of the employee's probationary period and another fifteen (15) days before the conclusion thereof.

 

c)         For an employee serving a three (3) month probationary period, the department head or designee shall prepare and submit to the Department of Personnel an evaluation form two and one-half (2 ½) months after commencement of the probationary period.

 

d)         For a certified employee, each department head or designee shall prepare an evaluation not less often than each time an employee receives a satisfactory or superior performance increase under the Department's Pay Plan.  Each employee shall receive an annual performance evaluation.

SUBPART D: PROBATIONARY STATUS

 

Section 620.510  Probationary Period

 

a)         A probationary period of six (6) months shall be served by:  

 

1)         an employee who enters service or commences a new period of continuous service;

 

2)         an employee who is reinstated as provided under Section 620.1120;

 

3)         an employee who is appointed from an open competitive eligible list, whether or not it is considered an advancement in rank or grade.  Trainees whose positions are allocated upward may achieve probationary status pursuant to Section 620.210.

 

b)         A probationary period of three (3) months shall be served by an employee who is demoted or promoted except a demoted probationary employee shall not be required to serve any probationary period if the employee previously held certified status in the class to which demoted.  A probationary employee transferred during the probationary period shall serve that portion of the probationary period which was not completed at the time of such transfer.

 

c)         A probationary period shall not be deemed to be continued by the payment of any sum for vacation or other benefits accrued during probationary period.

 

d)         If an employee is absent from work for more than fifteen (15) calendar days during the probationary period because of leave of absence, disciplinary suspension, sick leave, work-related injury, or industrial disease, the absence shall serve to extend the probationary period by the length of the absence.

 

Section 620.520  Certified Status

 

A probationary employee shall attain certified status only after successful completion of a probationary period.  Notice of certification will be sent to the employee and department head by the Director promptly thereafter.

 

Section 620.530  Status Change in Probationary Period

 

An employee may not be promoted, demoted, discharged or transferred during the probationary period without the approval of the Director.

SUBPART E: PROMOTIONS

 

Section 620.610  Definitions

 

A promotion is the appointment of an employee, with the approval of the department head and the Department of Personnel, to a vacant position in a class in higher salary grade than the former class.

 

Section 620.620  Eligibility for Promotion

 

The Director may approve the promotion of qualified employees who have established eligibility for the appropriate class, in accordance with merit standards set forth in Section 620.110.

 

Section 620.630  Limitations on Promotions

 

No provisional, temporary, emergency, or probationary employee shall be promoted unless the employee has previously held certified status during his current period of continuous service.

 

Section 620.640  Failure to Complete Probationary Period

 

a)         A promoted, certified employee who fails to satisfactorily complete the probationary period in the promoted position because of inability to perform the duties and responsibilities of the new position shall be returned to a position in the class, department, and locality and with the status from which promoted.

 

b)         A promoted employee who is demoted during a probationary period shall serve a probationary period of three (3) months unless he/she had previously held certified status in the former class in which case the return shall be to certified status.

 

c)         A promoted employee previously certified may be discharged for cause during the probationary period, and in such event, the employee has the same right to appeal as a certified employee.

SUBPART F: EMPLOYEE TRANSFER

 

Section 620.710  Transfer

 

A transfer is the assignment of an employee to a vacant position whose classification has the same maximum permissible salary or rate.

 

Section 620.720  Intra-agency Transfer

 

An employee may be transferred to a position in the same class to which appointed or to a position involving similar qualifications, duties, responsibilities, and salary range, in another department, section, or other unit within the office.  No intra-agency transfer shall be made without the approval of the Director.

 

Section 620.730  Intra-agency Transfer

 

An employee may be transferred to a position in the same class, or to a position involving similar qualifications, duties, responsibilities, and salary range in another agency or jurisdiction, with the approval of both agencies, the Directors, and with the consent of the employee.

 

Section 620.740  Rights of Transferred Employees

 

A transferred employee shall retain status, continuous service, and all accrued benefits.

 

Section 620.750  Transfer of Duties

 

When the duties of a position are relocated by transfer or by abolition and reestablishment and when the duties are substantially the same, an incumbent employee may elect to relocate and retain the duties of the position.

 

Section 620.760  Limitation on Transfers

 

Temporary, emergency, and provisional employees shall not be transferred.

SUBPART G: DEMOTION

 

Section 620.810  Definition

 

a)         Demotion is the assignment of an employee to a vacant position in a class having a lower maximum permissible salary or rate than the class from which the demotion was made for reasons of inability to perform work of the class from which the demotion was made.

 

b)         A department head may initiate demotion of an employee by filing with the Director a written statement of reasons for demotion in the form and manner prescribed.  Such written statement shall be signed by the head of the department and shall contain sufficient facts to show good cause for the demotion.  No demotion shall become effective without the prior approval of the Director who shall take into consideration the employee's education, experience, and performance records.

 

Section 620.820  Notice to Employee

 

If the statement of reasons for demotion of a certified employee is approved by the Director, a copy of the approved statement of reasons for demotion shall be served on the employee by the Director in person or by certified mail, return receipt requested, at the employee's address appearing in the personnel file.

 

Section 620.830  Employee Obligations

 

Upon receipt by the employee of the approved statement of reasons for demotion or upon the effective date thereof, whichever is later, the employee shall leave the position in which assigned prior to such statement of reasons and report for duty to the position to which demoted without prejudice to the right to appeal under Section 620.860.

 

Section 620.840  Salary and Other Benefits of Employee

 

Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date thereof, whichever is later, all salaries and benefits of such employee in the position in which assigned prior to receipt of such statement of reasons shall be adjusted to reflect the demotion.

 

Section 620.850  Appeal by Certified Employee

 

A certified employee who has been served with an approved statement of reasons for demotion may appeal to the Personnel Review Board, provided the written appeal is made without fifteen (15) days of receipt of the approved statement of reasons for demotion.

 

Section 620.860  Demotion of Other Employees

 

The Director may approve the demotion of probationary employees.  Notice of such demotion shall be served on the employee by the Director in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 620.870  Status of Demoted Employees

 

A demoted certified employee shall be certified in the class to which demoted and shall not be required to serve a new probationary period. Subject to Section 620.510, a demoted probationary employee shall serve a new probationary period in the class to which he is demoted.

SUBPART H: LAYOFFS AND REEMPLOYMENT

 

Section 620.910  Layoff Procedure

 

a)         A department head may request the layoff of an employee because of lack of funds, material change in duties or organization, lack of work, or the abolition of a position for any of these reasons.  Based on class, department, or other designation, layoffs shall be within organizational units justified by operations and approved prior to the layoffs by the Director.

 

b)         A proposed layoff is subject to the approval of the Director before becoming effective and shall include the following for the organizational unit in which the layoff is proposed:  

 

1)         A list of all employees showing status and total continuous service;

 

2)         A listing of those employees to be laid off;

 

3)         Performance records of all employees in classes affected by layoff plan;

 

4)         An explanation of any layoff not in order of continuous service;

 

5)         An explanation of the organizational unit selected, reflecting department, facility, geographical, operational, and other elements deemed relevant by the department head.

 

Section 620.920  Order of Layoff

 

a)         The following order shall be observed in making layoffs:  

 

1)         No certified or probationary employee may be laid off until all temporary, emergency, provisional, and exempt employees in the same call and organizational unit are terminated;

 

2)         No certified employee may be laid off until all probationary employees in the same class and organizational unit are terminated.

 

b)         Within status groups and in accordance with the layoff plan submitted under Section 620.1010, consideration shall be given to performance records and continuous service as defined in Section 620.310.

 

Section 620.930  Effective Date of Layoff

 

Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no layoff shall be effective until ten (10) working days after the Director's approval of the layoff plan.

 

Section 620.940  Disapproval

 

The Director may disapprove any layoff plan which results in a disproportionate impact on any group of employees.

 

Section 620.950  Reemployment Lists

 

a)         The department shall establish and maintain a reemployment list, by class, department, or geographical area, approved by the Director before layoff.  A certified employee who has been laid off shall be placed in order of length of continuous service, as defined in Section 620.310, on a reemployment list for recall to the first available assignment to a position in the class (or related classes with substantially similar requirements and duties), department, county, or other designated geographical location or area in which the employee was assigned prior to being placed on the reemployment list.  Where circumstances warrant, at the discretion of the Director, the reemployment list may be established by related classes whose duties are substantially similar to the class from which the employee was laid off.

 

b)         An employee whose name has been placed on the reemployment list will also be eligible for reinstatement in accordance with Section 620.1120.

 

Section 620.960  Employment from Reemployment List

 

Whenever there is any person available on a reemployment list for recall to a vacant position for the same class, or related classes, where established pursuant to Section 620.950, department, county, or other designated geographical area, no temporary, provisional, or probationary appointment shall be made to such vacancy.

 

Section 620.970  Removal of Names from Reemployment List

 

a)         A laid off employee's name shall be removed from the reemployment list when:

 

1)         The employee is recalled from layoff;

 

2)         The employee refuses an offer of permanent reemployment;

 

3)         The employee's name has remained on the reemployment list for twenty-four (24) months;

 

4)         The employee has been reinstated in accordance with Section 620.1120.

 

b)         Offers of temporary, exempt, or emergency appointment shall not be considered as recall or reinstatement.

 

Section 620.980  Laid Off Probationary Employees

 

a)         The name of an original entrance employee who is terminated as a result of layoff before the completion of the probationary period shall be returned to the eligible list with the same grade as when appointed.

 

b)         An employee serving a probationary period subsequent to promotion from a position in which the employee was certified who is to be laid off shall be given notice and may request a voluntary reduction pursuant to Sections 620.1010 or 620.1030.  If no voluntary reduction is effected, the employee will be laid off and the employee's name placed in seniority order on the reemployment list, as provided in Section 620.310, for the department, work location, and title in which certified.

 

Section 620.990  Reconsideration Request Laid Off Certified Employee

 

a)         Within fifteen (15) calendar days of receipt of notice of a certified employee's layoff and without prejudice to the right to request voluntary reduction, such employee may directly petition the Director of Personnel in writing for reconsideration of the decision approving the layoff.

 

b)         In the event a request for reconsideration is made, the Director shall designate a hearing officer to hear, review, and investigate the application of this Part and the validity of the layoff and shall submit findings to the Director for final determination.  Notice of the final decision of the Director shall be served on the employee in person or by certified mail, return receipt requested, to the employee's last address appearing in the personnel file.

SUBPART I: VOLUNTARY REDUCTION

 

Section 620.1010  Voluntary Reduction of Certified and Probationary Employees

 

Certified and probationary employees may voluntarily request or accept assignment to a vacant position in a class having a lower maximum permissible salary or rate.  All requests for or acceptances of voluntary reductions shall be in writing, shall be signed by the employee, and shall be directed to the head of the department in which the vacant position exists.  No reduction shall become effective without the written approval of the Director.  A certified employee who is assigned and accepts a voluntary reduction in grade shall be certified in the lower class without serving a probationary period and a probationary employee shall serve the balance of the probationary period; provided, however, if reduction results in return to a trainee class or other class for which there is no provision for certification in the class, the individual's certification shall be terminated.

 

Section 620.1020  Limitations in Voluntary Reduction

 

Temporary, emergency, and provisional employees shall not be granted a request for voluntary reduction.

 

Section 620.1030  Employee Opportunity to Seek Voluntary Reduction

 

A certified employee or an employee serving a probationary period subsequent to promotion from a position in which certified who is subject to layoff as a result of the Director's approval of a layoff plan shall be promptly notified of the effective date of layoff and shall then be advised of the opportunity to request voluntary reduction to a current vacant position in accordance with Section 620.1010.  An employee seeking voluntary reduction must submit a written request to the head of the employing department prior to the proposed effective date of layoff.

 

Section 620.1040  Order of Preference in Voluntary Reduction

 

In the event a certified employee, or an employee serving a probationary period subsequent to promotion from a position in which the employee was certified, requests voluntary reduction as a result of his/her pending layoff, the certified employee shall be preferred in seniority order over

 

a)         any probationary or provisional employees,

 

b)         any applicant on an eligible list for such vacant position, and

 

c)         any certified employee requesting such reduction who is not subject to layoff,

 

for any current vacant position in a lower class within the same department which the employee is then incumbent as the time of the layoff.

SUBPART J: RESIGNATION AND REINSTATEMENT

 

Section 620.1110  Resignation

 

An employee who voluntarily leaves the Office of the Treasurer shall, except in emergency circumstances approved by the Director, give advance notice of intent not less than fifteen (15) calendar days before its effective date.  Resignation in standing shall mean that the employee gave the required notice, or that emergency circumstances justified failure to do so, and that the employee's conduct and work performance were satisfactory at the effective date thereof.

 

Section 620.1120  Reinstatement

 

a)         On request of a department head, the Director may reinstate an employee

 

1)         who was formerly certified under the Code and who resigned or was terminated in good standing or

 

2)         whose position was reallocated downward or

 

3)         who was laterally transferred or

 

4)         whose name was placed on a reemployment list.

 

b)         Such reinstatement may be to a position in the class to which the employee was assigned prior to resignation, termination, downward allocation, lateral transfer, or layoff, or to an equivalent or lower position in a related series.  The Director may reinstate an employee who was formerly certified under the Personnel Code, the Secretary of State Merit Employment Code, the Comptroller Merit Employment Code, or the State Universities Civil Service System.  A reinstated employee shall serve an additional six (6) month probationary period in the position.  Requests for reinstatement shall be accompanied by the employee's performance records when available.

 

c)         A certified employee whose name appears on a reemployment list may be reinstated to a position other than the position to which the employee is eligible for reemployment.  If reinstated to a position in the same or a higher pay grade than that for which the employee is eligible for reemployment, then upon satisfactory completion of the new probationary period, the employee's name shall be removed from the reemployment list. If reinstated to a position in a lower pay grade than that for which the employee is eligible for reemployment, it shall have no effect on the employee's reemployment rights.

SUBPART K: DISCIPLINE, DISCHARGE, AND DEMOTION

 

Section 620.1210  Progressive Corrective Discipline

 

Unless grounds clearly are present warranting immediate discharge or suspension pending decision on discharge, employees shall be subject to corrective discipline progressively applied utilizing counseling, warnings, or suspensions, as the facts and circumstances dictate, prior to discharge.  If an employee's work or work-related conduct remains unacceptable after the application of progressive corrective discipline, such employee may be discharged in accordance with the appropriate Sections in this Subpart.

 

Section 620.1220  Discipline - Written Warnings

 

A department head or designee may warn an employee either orally or in writing as a disciplinary measure.  A copy of any written warning shall be placed in the employee's personnel file and may be used in considering further discipline, demotion, withholding of salary increases, and other personnel transactions when such actions occur within twelve (12) months of the date of issuance of the written warning.  The employee shall sign one copy signifying he/she has received and read it and shall retain one copy for his/her own records.  The written warning shall bear the signature of the issuing official.

 

Section 620.1230  Suspension Totaling Not More Than Thirty Days in any Twelve Month Period

 

Disciplinary suspensions without pay totaling not more than thirty (30) days in any twelve (12) month period may be imposed upon an employee by a department head or designee.  Unless a delay in the imposition of discipline will result in clear harm or damage to a department, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least four (4) working days prior to the effective date of the proposed suspension and shall be provided with copies of pertinent documents on which the proposed suspension is based. The employee shall have two (2) working days after being informed of the proposed suspension within which to address to the department head written rebuttal to the reasons given for the suspension.  A decision of a department head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.  Written notice of any suspension imposed with the reasons therefor must be served upon the employee on a form described by the Director on or before the effective date of the suspension in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file. The Personnel Director must be notified of any suspensions and copies of all written notices must be filed with the Director on the same day or prior to the date the suspension became effective.

 

Section 620.1240  Suspension Totaling More Than Thirty Days in any Twelve Month Period

 

The department head or a designee may, after complying with the procedures set forth in this Section, initiate a disciplinary suspension of any employee totaling more than thirty (30) days in any twelve (12) month period and, if such employee is certified, the department head shall file written charges for such suspension with the Director in the form and manner prescribed.  The written charges shall be accompanied by a copy of the employee's performance records.  Unless a delay in the imposition of discipline will result in clear harm or damage to a department, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least four (4) working days prior to the effective date of the proposed suspension and shall be provided with copies of pertinent documents on which the proposed suspension is based.  The employee shall have two (2) working days after being informed of the proposed suspension within which to address to the department head or designee written rebuttal to the reasons given for the suspension.  A decision of a department head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.  A copy of the written decision must be forwarded to the Director on the day the decision is rendered.

 

Section 620.1250  Notice of Suspension to Employee

 

Notice of approved charges for a disciplinary suspension totaling more than thirty (30) days in any twelve (12) month period shall be served on a certified employee by the Director in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 620.1260  Employee Obligations

 

Upon receipt by the employee of a disciplinary suspension or charges for discharge, the employee shall leave the place of employment and, if deemed appropriate by the department head, any housing or other accommodations furnished the employee by the Office of the Treasurer.

 

Section 620.1270  Hearing - Suspension Thirty Calendar Days or More

 

Employees who have been suspended for a period in excess of thirty (30) calendar days in a twelve (12) month period for cause may make a written request to the Review Board for a hearing within fifteen (15) calendar days of receipt of the written charges.

 

Section 620.1280  Suspension Pending Decision on Discharge

 

A department head or designee may suspend any employee for up to thirty (30) days pending the decision of the department head to file charges for discharge against such employee.  The department head shall, at the time of this suspension, provide the employee with written reasons therefor in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.  Notice of the suspension must also be filed immediately with the Director.  The Department head shall thereafter promptly investigate the facts and circumstances and render his/her decision.  Should the department head determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole.  Should the department head determine that a disciplinary is appropriate, Section 620.1230 or 620.1240, as the case may be, shall apply in its entirety.  Should the department head determine that discharge of the employee is appropriate, Section 620.1300 shall apply in its entirety.

 

Section 620.1290  Approval of Director of Personnel

 

No disciplinary suspension totaling more than thirty (30) days in any twelve (12) month period for a certified employee shall be effective without the approval of the Director.

 

Section 620.1300  Discharge of Certified Employee

 

The department head or his designee may initiate discharge of a certified employee by filing written charges for discharge with the Director in the form and manner prescribed by the Director.  Written charges shall be signed by the Department head, shall contain a clear and concise statement of facts showing good cause for discharge, and shall be accompanied by a copy of the employee's file and performance records.  No discharge of a certified employee shall be effective without the approval of the written charges for discharge by the Director.

 

Section 620.1310  Notice of Discharge to Employee

 

Notice of approved charges for discharge shall be served on the employee by the Director in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 620.1320  Appeal by Employee

 

A certified employee who has been served with approved charges for suspension in excess of thirty (30) days or discharge may appeal to the Personnel Review Board, provided the appeal is made in writing within fifteen (15) days of receipt of the approved charges.

 

Section 620.1330  Discharge of Probationary Employee

 

The Director may approve the discharge or suspension of a probationary employee at the request of a department head or designee.  In determining whether or not to approve the discharge of such employee, the Director shall consider the employee's employment record.

 

Section 620.1340  Reinstatement from Suspension or Discharge

 

An employee reinstated for the period for which he/she was suspended or discharged shall receive full compensation for the suspension or discharge period.  Full compensation shall mean compensation the suspended or discharged employee would have earned in the position classification during the period of suspension or discharge less amounts earned by the employee from any other source and any unemployment compensation payments received during the suspension or discharge period.

 

Section 620.1350  Prohibition of Discrimination

 

a)         Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel transaction because of religion, race, national origin, sex, age, or other non-merit factor is prohibited except where such may be a bona fide job qualification.

 

b)         Any applicant or employee who feels adversely affected in employment because of discrimination shall have resort to the grievance procedure (80 Ill. Adm. Code 630.Subpart A) and may be joined in the grievance procedure by Equal Employment Opportunity Officer or designee where necessary or appropriate.