AGO Opinion Topics: STATE PERSONNEL BOARD

(1) Under the authority granted the personnel board by statute, proclamation by the governor and its own rules, the board is the responsible authority on classification and pay matters affecting employees in departments under the board's jurisdiction subject to the availability of funds. (2) A department under the jurisdiction of the board may not ignore an action by the board and refuse to abide by it when such action is in the field of classification or pay. (3) A fiscal officer of a department under the jurisdiction of the board may not recognize and use for pay purposes rates other than those officially designated by the board for given positions. (4) When an agency under the board's jurisdiction refuses to recognize applicable board action the board's remedy is to appeal to the appointing authority. (5) When an employee's rate of pay is designated by the board as of an effective date but not recognized by the fiscal officer of an agency under the board's jurisdiction such employee may institute civil action. (6) The chief executive of the state lacks authority to change or set aside actions of the board within the board's jurisdiction.