The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative manual" means the
Resources Manual for Local Departments of Social Services, dated October 19,
2011, last revised May 1, 2015, Virginia Department of Social Services,
which outlines the personnel policies and procedures.
"Board" means the State Board of Social Services.
"Classification" means the systematic grouping of positions based on shared characteristics.
"Commissioner" means the Commissioner of the Virginia Department of Social Services, his designee, or authorized representative.
"Department" means the
Department of Social Services.
"Deviate" means to adopt all or portions of the
jurisdiction jurisdiction's personnel policies instead
of using policies and procedures outlined in the administrative manual.
"Jurisdiction" or "local jurisdiction" means the city, county, or town under which the local department is a governmental unit.
a knowledge, skill, or ability
needed to perform the duties of a position.
"Local board" means the local administrative board of social services representing one or more counties or cities.
"Local compensation plan"
is means the
locally developed compensation schedule that lists occupational titles , and
salary bands/tiers ranges from the minimum to the maximum amounts
established for each bands/tiers, band and tier and includes
other pay actions.
"Local department" means the local department of social services of any city or county of this Commonwealth.
"Local director" means the director or his
designated representative of
the a local department of the
social services for a city or county.
"Merit system plan" means those regulations adopted by the board in the development and operation of a system of personnel administration meeting requirements of the federal Department of Health and Human Services as relates to compliance with federal merit system standards set forth in the Code of Federal Regulations (5 CFR Part 900).
"Occupational group description" means a detailed statement that describes the characteristic elements of each occupational level within the occupational group.
"Salary range" means the range that identifies the minimum and maximum compensation rate authorized for a specific pay band and a specific tier within the pay band.
"State classification plan" means the department's
classification plan that consists of approved occupational titles and their
salary grades pay bands, tiers,
classification codes, equal employment opportunity codes, and effective
"State compensation plan" means the department's pay plan, which provides local departments a basis for developing local compensation plans.
22VAC40-675-20. Local department designation.
A. Local departments are designated as Levels I through
VI III. The level of a local department is based on the
occupational title assigned to the local director. The level assigned to
the local director is determined by the management structure, number
and types of authorized positions, and mandated and
nonmandated social services programs in the administration of social services
programs by the local department. B. The levels are used in the development and approval of
the local department classification and compensation plans.
22VAC40-675-40. Inclusion in local jurisdiction personnel plans.
A. It is the policy of the board to allow local department
employees to be included in the approved local jurisdiction personnel plans
instead of utilizing personnel policies outlined in the
Manual administrative manual.
B. Comprehensive jurisdiction plans shall meet merit system
standards and be comparable to personnel policies included in the
Manual administrative manual. Specific personnel functions that must
be included in the local jurisdiction personnel plans are listed in the Administrative
Manual administrative manual.
C. Such plans must be documented to the satisfaction of the board.
D. The board must approve
a jurisdiction personnel plan
prior to the inclusion of local department employees in the a
jurisdiction's personnel plan prior to inclusion.
22VAC40-675-50. Adoption of specific policies of the local jurisdiction.
A. A local department, upon approval by the local board, may
request approval to
deviate from state policies by adopting follow
specific local jurisdiction policies instead of using the
personnel policies and procedures outlined in the Administrative Manual administrative
manual. The following local policy options may be requested on the Local
Policy Request Form:
1. Performance evaluation;
2. Standards of conduct;
3. Leave policies;
4. Holiday schedule;
5. Inclement weather;
6. Probationary period;
8. Classification, compensation, or classification and compensation;
9. Affirmative action; or
10. Political activity.
B. Local policy options also exist for classification,
compensation and affirmative action. C. B. When the local department wants to
exercise one or more of the allowable options, it must obtain required
approvals and submit the required forms to the department in accordance with
the Administrative Manual administrative manual. The commissioner
will provide his analysis to the board, and the deviation request shall be
presented to the board for action. D. C. When policy changes a local
department desires to revert from the previously approved local jurisdiction
human resources policy to the personnel policy set forth in the administrative
manual, the local department shall submit a Local Policy Request Form to
the department notify the department by submitting an updated Human
Resource Policy Record form.
22VAC40-675-90. Local compensation plans.
A. A local department, upon approval by the local board, shall have flexibility in developing the local compensation plan to select salary ranges within the approved state compensation plan that are suitable to local situations. The range for each occupational title shall provide local minimum and maximum rates. The local plan shall ensure that local minimum salary rates do not fall below the state compensation plan minimum salary for that occupational title. A request to modify salary ranges within the state minimum and maximum rates does not constitute a deviation as described in 22VAC40-675-110.
B. A local compensation plan shall include policies and procedures for awarding salary increments, merit increases, special compensation for child and adult protective service work, employee or position status changes, and any other type of approved increases. Salary determinations shall be rendered in a fair and consistent manner to ensure equal pay for equal work.
C. All requested position actions by local departments must be reviewed and approved by the department prior to implementation.
D. Midyear changes to the local compensation plan must be submitted to the department for review and approval.
E. Local compensation policies and practices shall comply with
federal and state laws including the federal Fair Labor Standards Act (29 USC
§ 201 et seq.), the Administrative Manual administrative
manual, and procedures provided by the department.
22VAC40-675-100. Other local compensation issues.
A. In localities where the governing body has elected to have a director of social services serve as the local board, reimbursement for governing body assigned expenses shall be in accordance with § 63.2-310 of the Code of Virginia.
B. Provisions shall be made for overtime worked in accordance
with the Fair Labor Standards Act (29 USC
§§ 201-219) § 201 et seq.).
The reimbursement shall be up to the reimbursable maximum of the applicable state
C. Provisions shall be made for other types of compensation as deemed necessary by the board and set forth in the administrative manual.
D. Local departments with approved deviating compensation plans will also be reimbursed up to the maximum of the applicable state position occupational title. When the local deviating maximum exceeds the state reimbursable maximum, local-only funds shall be used to compensate for overtime and any federal funds that are available and appropriate for such use.
C. E. Reimbursements shall be made for absences
that result from the closing of local departments' operations because of
inclement weather conditions or other authorized closing. D. F. Bonuses for employees of local departments
of social services shall be consistent with § 15.2-1508 of the Code of
Virginia and with procedures provided by the department.
1122VAC40-675-110. Deviations from state classification or compensation plans.
The board may approve A local department's
request for deviation from the state classification plan and state
compensation plans plan shall be made to the board.
B. Deviation requests may be either for classification, classification and compensation, or compensation only. When the local department wants to exercise one of these options, it must obtain required approvals and submit the required forms to the department in accordance with the administrative manual. The commissioner will provide his analysis to the board.
C. Local departments shall submit required forms as specified
Administrative Manual administrative manual when
requesting deviation from the state classification plan, classification
and compensation plans plan, or compensation plan.
Policies Personnel policies and practices by
the local departments are subject to review or audit by the department.
B. Reviews may include
but not be limited to the assessment
and analysis of personnel data, records, reports, systems, and feedback from
local department employees. C. When the department finds that a local department has
not complied with or has violated the provisions of this regulation, the
department may impose financial sanctions or require reimbursement of funds.
Funds may be withheld until such time as deemed necessary for the proper
administration of the local compensation plan.
Recruitment and Selection of Local Department Employees
22VAC40-675-130. General hiring provision.
selecting selection, and advancing
advancement of employees shall be on the basis of their relative
ability, knowledge, and skills, including open consideration of
qualified applicants for original appointment assuring fair treatment of
applicants and employees in all aspects of personnel administration and with
proper regard to their privacy and constitutional rights as citizens. This fair
treatment principle includes compliance with the federal equal
employment opportunity and nondiscrimination laws.
B. The department shall determine the application process and employment forms to be used by all applicants for original appointment, promotion, demotion, transfer, and reemployment.
C. In accordance with § 63.2-325 of the Code of Virginia, the commissioner shall provide a list of eligible candidates for the position of local director to the local board or other appropriate appointing authority.
D. The board shall place the responsibility of the final selection process of local department employees with the local director and local board.
E. Local departments adopting local jurisdiction personnel plans shall follow the provisions of the city, county, or town of which they are a governmental unit.
22VAC40-675-140. Employee status in the merit system plan.
A. Status defines the employee's permanency in the system as it relates to benefits and the use of grievance policies.
B. The types of employee status included in the merit system
plan are probationary,
nonprobationary regular, restricted,
temporary, and emergency.
C. Local departments shall provide benefits in accordance with
the requirements of the
Administrative Manual administrative manual.
Equal Employment Opportunity
22VAC40-675-180. Equal employment opportunity.
A. The board promotes equal employment opportunity in the recruitment and selection process by ensuring that qualification requirements are job-related and that such requirements do not limit or restrict employment opportunities because of race, color, religion, sex, age, disability, national origin, or political affiliation (except where sex or age is a bona fide occupational qualification).
B. All local departments shall prepare their own affirmative
action plan in accordance with the
Administrative Manual, administrative
manual or comply with a written local jurisdiction plan that provides an
aggressive, coherent management program for equal employment for all employees
and applicants for employment.
C. Employees or applicants for employment who believe that they have been discriminated against may file a complaint with the Virginia Department of Human Resource Management, Office of Equal Employment Services, James Monroe Building, 101 North 14th Street, Richmond, Virginia 23219.
D. All local departments are required to cooperate fully with
the Office of Equal Employment Services
when they are conducting or
any other official investigations investigation of charges of
discrimination. Cooperation includes providing papers, notes, documents,
and any other written material , and responding to questions deemed
necessary by that office to investigate the charge.
22VAC40-675-200. Employee grievance procedure.
Local departments not included in their jurisdiction's
grievance procedure shall develop their own in accordance with the
Administrative Manual. This A local department or local board shall
adopt a grievance procedure that is either (i) adopted by the locality in which
the local department or local board is located, or in the case of a regional
department or board, the grievance procedure adopted by one of its localities
in the regional organization or (ii) approved by the state board. The
board-approved grievance procedure in the administrative manual
shall be consistent with the provisions of Chapter 10 (§ 2.2-1000 30
(§ 2.2-3000 et seq.) of Title 2.2 of the Code of Virginia. The grievance
procedure adopted by the local department or local board shall apply to
employees, including local directors, of the local boards and local
Other Employee Relations Policies
22VAC40-675-210. Political activity.
A. No local department employee shall make use of his official authority or influence to:
1. Interfere with or affect the result of a nomination or election to public office or position;
2. Directly or indirectly coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
3. Be a candidate for public elective office in a
primary, general, or special election.
B. The local department's provisions on political activity
shall be consistent with the federal Hatch Act (5 USC §§ 1501-1509)
1501-1508) and facilitate effective control of prohibited political
activity by employees.
C. In general, the Hatch Act covers officers or employees of a state or local department if their principle employment is in connection with an activity that is financed in whole or in part by loans or grants made by a federal agency. An employee subject to political activity laws continues to be covered by these laws and regulations while on annual leave, sick leave, leave without pay, administrative leave, or furlough.
Local boards shall adopt these provisions or, instead,
adopt the provisions of the local governmental jurisdiction consistent with the
federal Hatch Act. The board shall promulgate policy consistent with
these provisions. Local departments may request to deviate to local
jurisdiction political activity policy that is consistent with the federal
Hatch Act. When the local department wants to exercise this option, it must
obtain required approvals and submit the required forms to the department in
accordance with the administrative manual. The commissioner will provide his
analysis to the board, and the deviation request shall be presented to the
board for action.
22VAC40-675-220. Outside employment of local department employees.
A. Employees in local departments shall not engage in any
other employment, any private business, or in the conduct of a profession that
interferes with their usefulness as
an employee employees or with
their work performance during normal working hours and their work
performance, or shall not be in violation of Chapter 31 (§ 2.2-3100
et seq.) of Title 2.2 of the Code of Virginia.
B. If an employee desires to seek or be engaged in outside employment, the employee must first obtain approval from the local director. If the local director desires to seek or be engaged in outside employment, the local director must first obtain approval from the local board. A local director who serves as the local board and desires to seek or be engaged in outside employment must first obtain approval from the elected governing body or its designee.
C. If an employee accepts employment outside the
local department without receiving prior approval, the employee will be
subject to disciplinary action under the standards of conduct.
Local Policy Request, Form 032-10-0161-05-eng (rev. 3/14) Jurisdiction Wide Self-Analysis, Form 032-10-0165-02-eng
(rev. 1/14) Human Resource Policy Record, Form 032-10-0162-02-eng (eff.
DOCUMENT INCORPORATED BY REFERENCE (22VAC40-675)
Human Resource Manual for Local Departments of Social
Services, Virginia Department of Social Services, revised July 1, 2009.