Sec. 35. (a) An
appointing authority may at any time reassign an employee from one (1) position to another position in the same class or rank in the
division of the service. The appointing authority shall, immediately after making the reassignment, give notice of the reassignment to the
director.
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Terms Used In Indiana Code 4-15-2.2-35
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- appointing authority: means the head of a department, division, board, or commission, or an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments to positions in the state civil service. See Indiana Code 4-15-2.2-2
- classified employee: means an employee who:
Indiana Code 4-15-2.2-4
- director: refers to the state personnel director appointed under section 14 of this chapter. See Indiana Code 4-15-2.2-7
- division of the service: means any of the following that are subject to this chapter and whose positions are under the same appointing authority:
Indiana Code 4-15-2.2-8
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- state civil service: means public service by individuals who are subject to this chapter. See Indiana Code 4-15-2.2-10
(1) the appointing authorities of both divisions of the service; and
(2) the director.
(c) A classified employee must be appointed, rather than transferred, to a position:
(1) in another class of a higher rank; or
(2) for which the requirements for appointment are substantially dissimilar to the requirements for the position the employee currently holds.
(d) The reassignment of a classified employee to a position in a class of a lower rank is a demotion. Unless the employee consents to the demotion in writing, the appointing authority must comply with section 23 of this chapter in making the demotion. A classified employee is entitled to appeal the demotion in accordance with section 42 of this chapter.
(e) This section may not be construed to prohibit an appointing authority from temporarily substituting duties unrelated to an employee’s position classification for the employee’s usual duties.
(f) This section may not be construed to impair the director’s authority to reclassify or reorganize positions in the state civil service as long as the reclassification or reorganization is not based on a classified employee’s misconduct or poor performance. The just cause standard described in section 23 of this chapter does not apply to such a reclassification or reorganization.
As added by P.L.229-2011, SEC.56.
