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.
(b) The transfer of a classified employee from a position in a division of the service to a position of the same class or rank in another division of the service requires the approval of:
(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.
Structure Indiana Code
Title 4. State Offices and Administration
Article 15. Personnel Administration
Chapter 2.2. State Civil Service System
4-15-2.2-2. "Appointing Authority"
4-15-2.2-3. "Class of Positions"
4-15-2.2-4. "Classified Employee"
4-15-2.2-8. "Division of the Service"
4-15-2.2-10. "State Civil Service"
4-15-2.2-11. "State Institution"
4-15-2.2-12. Construction; Merit Principles
4-15-2.2-13. Department Established
4-15-2.2-15. Duties of Director
4-15-2.2-20. Divisions of the Service
4-15-2.2-21. Classified Service
4-15-2.2-22. Unclassified Service
4-15-2.2-23. Classified Service; Standard for Dismissal, Demotion, or Suspension
4-15-2.2-24. Unclassified Service; At-Will Employee
4-15-2.2-25. Reorganization of Agency; Impact on Unclassified Positions
4-15-2.2-26. Classification Plan
4-15-2.2-28. Use of Classification Titles or Code Numbers
4-15-2.2-29. Vacancies in Classified Service
4-15-2.2-30. Rejection of Application for Employment; Grounds
4-15-2.2-31. Notification of Available Job Positions
4-15-2.2-32. Classified Service; Veteran Preference
4-15-2.2-33. Certification and Placement of Individuals With a Disability
4-15-2.2-34. Classified Service; Work Test Period
4-15-2.2-35. Reassignment; Reorganization
4-15-2.2-36. Evaluation Standards; Service Ratings
4-15-2.2-37. Report to Director; Change in Employee Status
4-15-2.2-38. Personnel Records; Roster; Analysis
4-15-2.2-39. Rules Governing Hours of Work and Leaves of Absence
4-15-2.2-40. Lay Off and Furlough Authority; Reduction in Hours
4-15-2.2-41. Recall After Lay Off
4-15-2.2-42. Complaint Procedure
4-15-2.2-43. Retirement Benefits
4-15-2.2-44. Equal Opportunity Requirements
4-15-2.2-45. Resignation; Election to Public Office
4-15-2.2-47. Prohibition on Accepting or Soliciting Benefit for Appointment or Promotion of Employee
4-15-2.2-48. Powers; Administration of Oaths; Subpoenas; Examinations; Production of Records
4-15-2.2-49. Grounds for Dismissal; Failure to Appear; Failure to Testify
4-15-2.2-50. Agreements to Provide Services to Political Subdivision
4-15-2.2-51. Construction; Effect of Law on Grants