340. Special Consultants

Introduction

This is a nontesting class used to make temporary appointments to meet short-term needs which exceed 30 days for highly specialized services that cannot be accommodated within the regular civil service classification and examining structure. Needs of 30 days or less can be met through employment appointments for short duration work (see the PMPP, Section 210).

Use of a Special Consultant is only appropriate in situations where the incumbent functions as an employee of the State using State offices, equipment, etc. Personal services contracts should be used where services such as office space, supplies, equipment, etc., are to be provided by the persons performing the services.

Standards and Guidelines

To justify the use of Special Consultant for nonrecurring expert service, all of the following conditions must be met:

• The duration of work is less than nine months, or it is less than the equivalent of nine months’ full-time employment. (Agencies should carefully assess their needs to determine if it is more advantageous to use an “actual time worked” time base or a regular time base such as full time.)
• The work is of a professional or specialized nature.
• Special skills and knowledge are required which are not available within existing State classes. Special Consultants should be authorized when the needed expertise or special skills are not within the scope of existing State classes. Also, the background of any hired Special Consultants must clearly match the specialized requirements used to justify and describe the Special Consultant position.

Procedures

All requests for Special Consultant allocations must be preapproved by DPA. Requests should follow the following guidelines and must meet the standards and guidelines outlined in this section and include the following information:

1. A justification memorandum that demonstrates the need for the Special Consultant class, verifies that the need for the class will not exceed nine months, and addresses the following points:
   • What services will the Special Consultant provide?
   • Why are these services important?
   • What specialized skills and knowledge are needed to perform this work?
   • What was reviewed to show that the skills and knowledges are not available within State service or through an interagency agreement?
2. The duration of the appointment, the recommended time base, and the salary rate. Provide information supporting the proposed salary rate in the justification memorandum.
3. A standard application ( Form 678) completed by the individual to be appointed, including salary history information.
4. A summary of the recruitment efforts made during the selection process.
5. A Form 625, duty statement, and organization chart.

Salary Considerations for Special Consultant

The DPA analyst (or department staff if delegated) is responsible for reviewing the complete documentation and justification package to determine if the request meets the criteria for Special Consultant. If the request is found to be supportable, then the analyst (or agency) will review the qualifications and salary history of the individual to determine the appropriate salary rate. The following describes the criteria for establishing salary rates for incumbents appointed to this class.

Incumbent’s Prior Salary History

The recommended salary should generally be consistent with the compensation that the individual has received for similar work in the past. The proposed incumbent’s most recent salary should receive substantial weight for these purposes. Current offers of employment may also be considered if verified.

Salary Rates for Similar Types of Work in State Civil Service

This is a primary consideration, particularly when the type of work that the Special Consultant will perform is generally related to work covered by one or more existing civil service classes. In these cases, compare the work assignments and qualifications of the proposed Special Consultant position with the type and level of work and qualifications outlined in the specification for the comparable class(es).

While the need for a Special Consultant allocation indicates that an exact match with these factors will not usually exist, the Special Consultant pay rate should generally reflect the results of this comparison. In applying this standard to individuals who are not part of the State’s permanent work force, however, staff should be aware that the temporary nature of Special Consultant work combined with the factors outlined under “General Maximums” may result in Special Consultant pay rates that are somewhat higher than those provided in the general civil service.

General Maximums

While there is no salary range for Special Consultant, following are the established maximum salary guidelines:

Prevailing Rates

When the factors outlined above do not give adequate guidance, consider and, if appropriate, present a discussion of the rates paid for similar work by other employers.

Approval Required for Rates Exceeding the Guidelines

Salaries that exceed the maximums cited above must be approved by DPA.

Use of Special Consultant Pending Exempt Appointment

Within State service there are two separate and distinct personnel systems, one for civil service and one for exempt appointments, and it is generally inappropriate to use the civil service process to facilitate the hiring of an exempt employee. However, if compelling circumstances exist, departments may be permitted to use the Special Consultant class on a case-by-case basis as an exception to policy pending an exempt appointment. In these situations, prior approval must be obtained from the DPA Exempt Unit.