Section 304.10  Public Records

 

Except as otherwise provided in this Part, all records of the Department of Central Management Services, including eligible lists, shall be public records and shall be available for inspection on request to the Director.

 

Section 304.20  Time and Manner of Inspection

 

a)         The records of the Department shall be available for inspection during regularly scheduled hours of work.  Such records may be inspected only in the presence of an authorized employee of the Department.

 

b)         In the event that working conditions or the number of persons inspecting such records, or the volume of records to be inspected, interfere with the operations of the Department, the Director may schedule appointments for the inspection of such records.

 

Section 304.30  Employee Roster Files

 

The Director shall establish and maintain personnel files for employees subject to the Personnel Code showing the name, sex, county of residence, date of birth, date of original appointment to the State service, date of promotions, demotions, transfers, and other transactions, present position title, status, salary, and the operating agency wherein the employee is assigned.

 

Section 304.40  Confidential Records

 

The following records of the Department of Central Management Services shall be confidential and not available for public inspection.

 

a)         Personal history of employee.  The employee or authorized agent may inspect the employee's personal history and personnel file.

 

b)         Reports of medical, psychological and psychiatric examinations.  An employee may inspect such reports pertaining to him or her.

 

c)         All parts of examinations.  An employee or applicant may inspect his/her answer sheet.

 

d)         The identity, complete questionnaire and other documents related to salary surveys.  Results of salary surveys shall be available.

 

e)         No records of personnel transactions including requisitions and referrals will be made available until such transactions have been completed and no personal history contained on such transactions shall be available for public inspection.

 

Section 304.45  Examination Material

 

All test and/or examination materials are confidential and are the property of the Department of Central Management Services.  No examination candidate shall copy, record or transcribe any examination or answer, nor remove from the examination room any test booklet, answer sheet or other papers or materials related to the content of such examination, under penalties as set forth in the Personnel Code.  No person shall remove any examination materials from the State premises nor shall any Department of Central Management Services employee communicate the content of any examination or answers to questions therein, orally or in writing, to any other person except in the usual course of the employee's duties or by direction of lawful authority, under penalties of the Personnel Code.

 

Section 304.50  Portability of Certain Benefits

 

Vacation and sick leave earned but not taken by State employees in the course of State employment not subject to the Personnel Code shall be deemed to have been earned by them at the time he/she becomes subject to such jurisdiction to the extent such benefits are provided and would have been earned hereunder.

 

(Source:  Amended at 4 Ill. Reg. 11, p. 67, effective March 1, 1980)

 

Section 304.55  Prohibited Disclosure

 

In any case involving any disclosure of information by an employee which the employee reasonably believes evidences...a violation of any law, rule or regulation; or...mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety if the disclosure is not specifically prohibited by law, the identity of the employee may not be disclosed without the consent of the employee during any investigation of the information and matters related to such information.

 

(Source:  Amended at 8 Ill. Reg. 15364, effective August 8, 1984)

 

Section 304.60  Provisions:  Grant-in-Aid Agencies

 

To the extent required for grant eligibility by Federal laws, any State department or agency administering a program financed in whole or in part by Federal funds shall have personnel rules or regulations applicable to such grant-in-aid programs including:

 

a)         the authority to make appointments to vacancies, promotions, reassignments and transfers, including geographical transfers, demotions, suspensions, discharges, and to take any other disciplinary actions; except that all employees shall retain such rights of appeal and hearing to the Civil Service Commission as provided in the Personnel Code and the Personnel Rules.

 

b)         prohibition of exemption of positions pursuant to the provisions of Section 4d(3) of the Personnel Code, except those specifically permitted under the "Federal Standards for a Merit System of Personnel Administration" of the United States Department of Labor.

 

c)         the authority to make provisional and temporary appointments in the absence of a register of eligibles, and then only pending competitive examination.  Each such appointee must meet the minimum qualifications established for the class of positions, and no individual may receive successive provisional, temporary or emergency appointments.

 

Section 304.70  Effective Date of Rules

 

These rules and amendments thereto shall become effective upon filing copies with the Secretary of State, except that, in case of emergency, these rules and 80 Ill. Adm. Code 301, 302, 303 and 305, or amendments thereto, may become effective immediately upon such filing if accompanied by a certificate executed by the Director pursuant to applicable provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.).

 

Section 304.80  Savings Clause

 

If any Section, or part of any Section, of 80 Ill. Adm. Code 304, Subtitle B, Chapter I and 80 Ill. Adm. Code 301, 302, 303 and 305 shall be held invalid, the remaining provisions of these Parts shall have, and be given, full force and effect as completely as if the invalidated part had not been included therein.

 

Section 304.110  Interpretation and Application of Rules

 

The Director of Central Management Services shall determine the proper interpretation and application of each rule of the Department of Central Management Services. The decision of the Director as to the proper interpretation or application of any such rule shall be final and binding upon all agencies and employees affected thereby unless or until modified or reversed by the Civil Service Commission or the courts.  All agencies and employees shall comply with the Director's decision in the absence of a written opinion of the Attorney General or a written directive of the Civil Service Commission declaring the Director's decision to be unlawful.