125. New Programs Consultant

Introduction and Guidelines

New Programs Consultant is a Temporary Authorization Appointment (TAU) class used exclusively to fill positions pending the establishment of a new class when there is no appropriate existing class, and the need is urgent and permanent. It is distinguished from Special Consultant, which is used to fill positions for work of not more than nine months’ duration.

Standards and Guidelines

The use of the New Programs Consultant class is justified when all of the following conditions are met:

  • A new class or class series is being established because there is no existing civil service class with the required knowledge and skills;
  • The proposed new class is of a professional, administrative, or technical nature and is to be established on a permanent basis;
  • Recruitment is primarily from outside State service; and
  • The need to implement the new program is urgent and does not allow sufficient time for the usual procedures to establish the new class and eligible list.

Procedures

Time is of the essence. When the New Programs Consultant class is used, the nine-month limit on TAUs requires that the new permanent class and eligible list be established and that permanent appointments be made within this time. Close coordination between the department, DPA, and SPB is essential.

The department initiates the process by requesting that DPA establish a new class while simultaneously requesting that SPB staff approve a TAU appointment and an exam plan for the proposed new class. Submit the following information to SPB:

  • SPB [[Form 215]], requesting TAU approval.
  • Documentation of the proposed selection process (SPB [[Form 686]]). The examination plan and length of publicity must be consistent with the expedited examination process.
  • A recruitment plan, if required.
  • A copy of the Board item and cover memorandum that the department sent to DPA to establish the new class.

(The resulting “informal” eligible list will be used to make temporary appointments to the New Programs Consultant class until the new class and eligible list have been approved by the five member Board. The Board Item establishing the class recommends that the eligible list established for the New Programs Consultant be used to fill vacancies; TAUs are then converted to list appointments from this eligible list.)

Submit a classification request ( Form 625) to DPA, complete with duty statement, organization chart, and memorandum explaining why existing classes are not appropriate.

The department must also prepare a classification proposal to establish a new class (see Section 105). The classification proposal must include:

  • A statement in the “Summary of Issues” section of the cover memo describing the nature of the urgent need requiring the use of the New Programs Consultant selection process.
  • In the “Recommendations” section, a statement that the results of the examination process described in the classification proposal be used to establish an eligible list for the proposed new class (use the exact title of the proposed class).

The information submitted for approval must be fully developed; that is, DPA must have the following:

  • a duty statement,
  • an organization chart,
  • a Board Item proposing the new class, and
  • a cover memorandum justifying the request, including the salary.

It is critical that the department’s proposal be complete and specific as to the purpose, duties, responsibilities, and minimum qualifications of the proposed class because of the time constraints involved in publicizing and administering the exam and placing the classification proposal before SPB.

The department’s assigned CCD analyst uses the department’s salary analysis to determine the appropriate salary for the new class based on comparisons with similar classes within a major occupational group and sends a memorandum to SPB summarizing DPA’s agreement with the department as to the class title, definition, class concept, and minimum qualifications. The department’s proposal (Board Item) will also be reviewed, revised as necessary, and submitted to SPB as with any new class proposal.

Salary Considerations

The salary for the New Programs Consultant should be based on comparisons with the most similar existing classifications within the same occupational group as the proposed new class. Follow the guidelines on salary-setting for new classes in Section 200.

When determining the salary rate for the New Programs Consultant, the salary history of the individual potential appointees should not be considered. This is unlike the Special Consultant, where incumbents are hired for unique expertise to perform critical work of short duration and typically “borrowed” from their regular occupations, performing their service to the State with no right or reasonable expectation of a career position following., New Programs Consultants are hired based on urgent need and intended to fill long-term positions. The incumbents may expect that, if all goes as planned, they will receive permanent appointments from which a career in State service is a logical outcome. Thus, the salary of the new class should be as equitable as possible in relation to other civil service status classes with like responsibilities, qualifications, and working conditions. The appointee’s salary history could, of course, justify a hiring rate above the minimum rate of the new class.

The SPB analyst reviews and approves the TAU request, exam plan, and Board Item for merit issues. Responsibility for administering the examination is delegated to the department on a one-time basis.

On benefits: The current bargaining unit designation of the New Programs Consultant class is S01; thus, incumbents receive benefits appropriate to nonrepresented employees. If the new civil service classification intended to replace the New Programs Consultant has a different bargaining unit designation, the incumbents’ benefits may change upon the transition to the new class. To prevent a “surprise” change in benefits for employees, the department should be reminded early of the possible change in designation and the impact it may have on the employee’s benefits. The movement from TAU status as a New Programs Consultant to a permanent civil service class is considered a “voluntary movement,” and, as such, the employee’s bargaining unit designation and benefits may be changed immediately upon appointment to the newly established class.