AR Code § 21-5-225 (2020)
2020 Arkansas Code|Title 21 - Public Officers and Employees|Chapter 5 - Compensation and Benefits|Subchapter 2 - Uniform Classification and Compensation Act|§ 21-5-225. Position pools

 (a)  (1) There is established a pool of one thousand (1,000) positions assigned to the Office of Personnel Management to be used to reclassify positions in state agencies to the proper classification and grade if the state agency does not have a vacant position available with the appropriate classification and grade.  (2) To obtain a position from the pool, a state agency shall surrender to the pool the position being reclassified.  (3) The Office of Personnel Management shall review all requests and may grant approval of the reclassification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.    (b)  (1) The Office of Personnel Management shall establish and maintain a central growth pool of two hundred (200) positions to be used to establish additional positions in state agencies of the proper classification and grade when the state agency does not have sufficient positions available with the appropriate classification and grade to meet a state agency's mandated responsibilities.  (2) Central growth pool positions are to be used by the state agencies if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.  (3) The state agency shall provide justification to the Office of Personnel Management for the need to allocate positions from the central growth pool.  (4) Titles shall not be assigned to the state agency from the central growth pool until specific positions are requested by the state agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.  (5) If the new classifications are necessary for any of these additional positions, the Office of Personnel Management may assign the appropriate title and grade after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.  (6) If a state agency requests any central growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the state agency's subsequent fiscal year budget request.    (c)  (1) The Office of Personnel Management shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in state agencies of the proper classification and grade if the state agency does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes in state agency administration.  (2) Temporary transition pool positions are to be used by state agencies only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.  (3) A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee.  (4) No position shall be authorized to the state agency from the temporary transition pool until the specific positions are requested by the agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.  (5) Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended.    (d) A pool position received under this section is subject to the state agency's ability to certify funding.  (e)  (1) The Office of Personnel Management shall establish and maintain a growth pool of ten (10) positions to be used to establish additional positions by:  (A) Elected constitutional officers of this state;  (B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;  (C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;  (D) The Arkansas Department of Transportation;  (E) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government; and  (F) The Arkansas State Game and Fish Commission.    (2)  (A) If one of the entities provided in subdivision (e)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.  (B) The entities provided in subdivision (e)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.  (C) If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade.    (3) If an agency requests an approved growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the agency's subsequent fiscal year budget request.