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Return to Rules ListingChapter 23: Appointments

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23.1 Appointments

Appointments shall be made under a general system based on merit, efficiency, fitness and length of service as ascertained by examination which, so far as practical, shall be competitive.

23.2 Appointment from a Certificate of Eligibles

Probational appointments, job appointments and promotions shall be made from certificates of eligibles created in accordance with Rule 22.9 except as provided elsewhere in these rules.

23.3 Probational Appointment

(a) Probational appointments may be made without the use of a certificate:

  1. Of a State Vocational Rehabilitation or a State Blind Services program client under Rule 22.8(a).
  2. For out-of-state vacancies under Rule 22.8(b).
  3. Repealed – Effective December 11, 2013.
  4. By reemploying a former employee under Rule 23.13.
  5. Of applicants who have attained a 3.5 GPA or higher for a baccalaureate degree and meet all other requirements of Rule 22.8(c) for exemption from testing.

(b) When a vacancy is filled by probational appointment, such appointment shall be for a probationary period in accordance with Chapter 9 of these Rules.

23.4 Promotion

(a) Promotions may be made without the use of a certificate:

  1. Of a State Vocational Rehabilitation or a State Blind Services program client under Rule 22.8(a).
  2. For out-of-state vacancies under Rule 22.8 (b).
  3. Of permanent classified employees to positions to which they would have reemployment eligibility under Rule 23.13 if they were to resign.

(b) Promotions shall only be made of employees serving with permanent status in the classified service.

(c) No employee who has a current official overall Performance evaluation of “Needs Improvement/unsuccessful” shall be promoted.

23.5 Job Appointment

(a) A job appointment is a temporary appointment of an employee to fill a position in the classified service for a limited period of time. An appointing authority may use a job appointment to fill a position for a period not to exceed four years. For rational business reasons, an appointing authority may request a longer term job appointment. The Commission may approve such requests or delegate approval authority to the Director. An appointing authority may terminate a job appointment at any time. This rule is subject to Rules 17.20(b)4 and 17.25 concerning layoff related actions.

(b) Job appointments may be made without the use of a certificate:

  1. Of a State Vocational Rehabilitation or a State Blind Services program client under Rule 22.8(a).
  2. For out-of-state vacancies under Rule 22.8(b).
  3. Repealed – Effective December 11, 2013.
  4. By reemploying a former employee under Rule 23.13.
  5. Of applicants who have attained a 3.5 GPA or higher for a baccalaureate degree and meet all other requirements of Rule 22.8(c) for exemption from testing.

(c) The Director may issue policy standards for the use of job appointments.

(d) The Commission or Director may, at any time, cancel a job appointment and/or withdraw an agency’s authority to make such appointments.

23.6 Classified WAE Appointment

(a) A classified WAE appointment is a temporary appointment of an employee to fill a position in the classified service for a limited period of time and hours in order to address filling the position in a regular manner, or to address an emergency or work overload situation. An appointing authority may use a classified WAE appointment to fill a position when the hours worked do not exceed 1245 hours during a twelve (12) month period. For rational business reasons, an appointing authority may request to exceed 1245 hours during the twelve month period. The Commission may approve such requests or delegate approval authority to the Director. The appointing authority may terminate the classified WAE appointment at any time.

(b) The Director may issue policy standards for the use of classified WAE appointments.

(c) The Commission or Director may, at any time, cancel a classified WAE appointment and/or withdraw an agency’s authority to make such appointments.

(d) Classified WAE appointees must meet the minimum qualifications for the job.

(e) This rule is subject to Rules 17.20(b)4 and 17.25 concerning layoff related actions.

23.7 Temporary Staffing Services Employee

(a) When work is required to be performed on a temporary basis and the work is essential to the efficiency of the agency, a temporary staffing services employee may be used, provided:

  1. Approval has been received from the appointing authority; and
  2. The employee shall be used only for the following: a) to replace an employee on leave, b) to fill a vacancy pending filling the position in a regular manner, or c) to address an emergency or work overload situation of short duration.
  3. The employment of any one individual in this category shall not exceed 680 work hours in a twelve-month period.
  4. The appointing authority shall maintain a tracking document of usage of individuals in this category which is certified by the appointing authority to prevent violation of this rule. Such document shall be readily available for Civil Service audit as requested.

(b) Individual temporary staffing services employees may be used for any length of time up to 680 work hours in a twelve-month period; however, the Director or appointing authority may limit the duration of or cancel the use of a temporary staffing services employee at any time.

(c) An extension over 680 work hours in a twelve-month period for an individual temporary staffing services employee shall not be allowed. If the appointing authority determines that a situation exists that requires the use of temporary staffing services employees beyond the 680 work hour limit within a twelve-month period, other replacement individuals may be solicited from the temporary staffing services firm(s) on state contract.

(d) The Director may withdraw an agency’s authority to make use of temporary staffing services employees. Willful abuse or misuse of temporary staffing services may subject offenders to financial liabilities as provided in Rule 2.9.

23.8 Transfer of Individual Employees

An employee may be voluntarily transferred from any position in the classified service in one department to any position in the classified service for which he is qualified in another department upon the recommendation of the appointing authority of the receiving department, provided the employee meets the Minimum Qualifications of the job to which he is transferring and has met Civil Service requirements for public announcement of vacancies, testing and competition.

23.9 Temporary Inter-Departmental Assignment

(a) Upon agreement between departments, a permanent employee may be assigned to a classified position in another department for a period not to exceed one year, provided the employee meets the Minimum Qualifications of the job to which he is being assigned.

(b) An employee so assigned shall continue to be an employee of the department from which he is assigned and shall have a right to return to his position at the conclusion of the assignment.

(c) Either participating department may end the inter-departmental assignment of an employee at any time. The Director may end such assignment if he determines that it violates the provisions of Article X, the Civil Service Rules, the Uniform Classification and Pay Plan, or the policies and procedures issued by the Director.

(d) Notwithstanding any other provisions of these Rules, a temporary inter-departmental assignment may not be continued beyond one year without the Director’s approval.

23.10 Reassignment and Position Change

(a) An appointing authority may reassign any probationary or permanent employee to a position with a different job title that has the same maximum rate of pay, provided the employee meets the Minimum Qualifications of the job to which he is being assigned and has met Civil Service requirements for testing and competition.

(b) An appointing authority may position change any probationary or permanent employee to a different position number with the same job title.

23.11 Change in Duty Station

An appointing authority may change the duty station of a permanent employee from one geographical area to another. An appointing authority may change the duty station of a probationary employee from one geographical area to another in accordance with guidelines specified by the Director to ensure observance of appropriate competition requirements.

23.12 Detail to Special Duty

(a) An appointing authority may assign an employee to a different position in the same department for up to one month without changing the employee’s classification or pay. After one month, the appointing authority shall detail or otherwise place the employee in the position in accordance with Civil Service Rules or return the employee to his or her regular position. Upon detail, pay shall be fixed in accordance with Civil Service Rule 6.11.

(b) No detail shall exceed one year without the Director’s prior approval. Written justification for all details for more than one month shall be kept by the agency. Justification shall be submitted with all details requiring the Director’s approval. This rule is subject to Rules 17.20(b) 4 and 17.25 concerning layoff related details.

(c) The Director may issue policy standards for use of details to special duty.

(d) An appointing authority may end a detail at any time.

(e) The Director may, at any time, cancel a detail to special duty and/or withdraw an agency’s authority to detail employees for longer than one month.

23.13 Noncompetitive Reemployment Based on Prior State Service

(a) A former permanent employee may, within ten years from separation, be reemployed in any job for which he or she meets the Minimum Qualifications and which has the same or lower maximum salary as the current maximum for the job in which he had permanent status. Further, if the job in which an employee or former employee held permanent status undergoes a change in title, other than an upward reallocation of the position after the employee separated from it, or undergoes a change in Minimum Qualification provided there are no legal barriers, he shall not lose his reemployment eligibility for such position or lower position in the same job series. In this case eligibility remains, even if the maximum pay has moved upward. Further, he shall be eligible to be reemployed in any other job at the same or lower current maximum pay as the job to which his position changed in title, provided he meets the minimum qualification requirements.

(b) No former employee shall acquire eligibility for noncompetitive reemployment through service in a position from which he was dismissed or resigned to avoid dismissal or demoted for cause.

(c) No former employee shall possess eligibility for noncompetitive reemployment in the position of Director of the State Department of Civil Service.

(d) The former employee may be required to provide proof or evidence of his or her prior employment before being eligible for reemployment under this rule.

23.14 Demotion

A permanent or probationary employee may be demoted for cause, or at his or her own request to any position for which he or she possesses the Minimum Qualifications established for the job.

23.15 Restoration of Duty Upon Return from Military Service

Any employee, who subsequent to June 24, 1948, has left or leaves a classified position in which he was or is serving with probationary or permanent status, for active duty in the armed forces of the United States for not more than six years of voluntary service or an indefinite period of involuntary service and who upon separation from the armed forces by honorable discharge or under honorable conditions makes application for reemployment within ninety days thereof or within ninety days after he or she is released from hospitalization continuing after discharge for a period of not more than one year shall:

(a) If still qualified to perform the duties of such position, be restored by his or her department to such position or to a position of like seniority, status, and pay; or

(b) If not qualified to perform the duties of such position by reason of disability sustained during such service but qualified to perform duties of any other position in the department where he or she formerly worked, be restored to such other position the duties of which he or she is qualified to perform as will provide him or her like seniority, status and pay or the nearest approximation thereof consistent with the circumstances in his or her case.

23.16 Cancellation of Eligibility for Appointment

(a) The Director may cancel the employment eligibility of any applicant or of any employee serving with other than permanent status following certification or employment if the applicant/employee:

  1. Cannot be legally employed.
  2. Does not meet the Minimum Qualifications established for the job.
  3. Has been convicted of a felony.
  4. While serving with permanent status, was dismissed from state service or resigned to avoid dismissal.
  5. Has submitted false information during the application or examination process or otherwise attempted to fraudulently secure eligibility for appointment for either self or others.

(b) An applicant whose employment eligibility has been cancelled under this Rule shall be notified by the Director

(c) Having cancelled the employment eligibility of an employee in accordance under this Rule, the Director shall notify the employee and the appointing authority, and the appointing authority shall terminate his or her employment.

23.17 Withdrawal of Authority

The Director may withdraw from an appointing authority any authority the Director authorized under this chapter.