No. 27163 (Amendment): R477-4. Filling Positions

DAR File No.: 27163
Filed: 05/14/2004, 03:02
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment rewrites Section R477-4-5 to include information from Section R477-4-8, and then deletes Section R477-4-8 and makes various nonsubstantive changes. This and other changes will implement the Department of Human Resource Management's (DHRM) new recruitment and hiring system.

 

Summary of the rule or change:

In Section R477-4-2, these are nonsubstantive changes to make this section consistent with the new definition for the term "career service exempt". Section R477-4-5 is a new section designed to implement the new DHRM selection and recruitment system. It replaces the old Sections R477-4-5 and R477-4-8 which are deleted. The primary change from the old sections to the new is that agencies are now required to use the DHRM selection and recruitment system for all career service hires. Previously, the DHRM system was required only for external hires. This requirement also appears in Subsection R477-4-9(1)(a). Subsection R477-4-9(7) is deleted which removes a restrictive requirement for hiring RIF employees and gives these employees a wider range of opportunities for finding employment. In Section R477-4-11, the change places in rule current procedure and practice regarding the work time limitations for schedule AJ employees and the requirement for a time limited agreement. In Section R477-4-15, amendments to this section reinforce an employees right to return to the same or a similar position at the end of a career mobility and to certain salary protections. All other changes to Rule R477-4 are nonsubstantive substitutions to replace current terms with the new term "career service exempt".

 

State statutory or constitutional authorization for this rule:

Sections 67-19-6 and 67-19-16

 

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with these amendments for the agencies. Agencies are required to conduct their own recruitments and have staff and resources committed to this task. No additional resources will be required with the implementation of the new DHRM system. There will be savings in staff time in DHRM because the new system eliminates the requirement for manual verification of resumes that was an integral part of the system being replaced.

 

local governments:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

 

other persons:

By law, Section 67-19-15, this rule has no effect beyond the executive branch of state government.

 

Compliance costs for affected persons:

By law, Section 67-19-15, DHRM rules effect only persons employed by the executive branch of state government. Rule amendments that create a cost for an employee will either impose a fee for a choice which an employee may make or will cancel a monetary benefit that an employee currently enjoys because of rule. The amendments to this rule actually strengthen a job applicants rights with the implementation of the new recruitment processes and will thus impose no costs on employees.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by DHRM have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. Section 67-19-15 limits the provisions of career service and this rule to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or saving on to businesses through fees. However, no such costs or saving will accrue with this amendment.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

 

Direct questions regarding this rule to:

Conroy Whipple at the above address, by phone at 801-538-3067, by FAX at 801-538-3081, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2004

 

This rule may become effective on:

07/02/2004

 

Authorized by:

Kim Christensen, Executive Director

 

 

RULE TEXT

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-1. Authorization to Fill a Position.

Agencies shall have sufficient funds to fill positions that are listed in the Position Management Report. The Executive Director, DHRM, may authorize exceptions to provisions of this rule, consistent with R477-2-2(1).

The DHRM approved recruitment and selection system is the state's recruitment and selection system for career service positions. Agencies shall use the DHRM approved recruitment and selection system unless an alternate system has been pre-approved by the Department of Human Resource Management.

 

R477-4-2. [Selecting Non-Career Service Positions]Selection for Career Service Exempt Positions.

(1) Agencies and managers may use any process to select [employees]an employee for a career service exempt position[s] which complies with state and federal laws and regulations.

 

R477-4-3. Career Service [(Schedule B) ]Positions.

(1) Selection of a career service employee[s] shall be governed by the following:

(a) DHRM standards and procedures;

(b) career service principles;

(c) equal employment opportunity principles;

(d) Utah Code governing nepotism found in Section 52-3-1;

(e) reasonable accommodation for qualified applicants covered under the Americans With Disabilities Act.

(2) DHRM shall take affirmative action to ensure that members of legally protected classes have the opportunity to apply and be considered for available positions in state government.

 

R477-4-4. Order of Selection for Career Service Positions.

(1) Prior to implementing the steps for order of selection, agencies may administer the following personnel actions:

(a) reemployment of a veteran eligible under USERRA;

(b) reassignment or transfer within an agency for the purposes of reasonable accommodation under the Americans with Disabilities Act;

(c) fill a position[s] as a result of return to work from long term disability or workers compensation at the same or lesser salary range;

(d) reassignments made in order to avoid a reduction in force, or for reorganization or bumping purposes;

(e) reassignments, management initiated career mobility, or other movement of qualified career service employees at the same or lesser salary range to better utilize skills or assist management in meeting the organization's mission;

(f) reclassification.

(2) Agencies may carry out all the following steps for recruitment and selection of vacant career service positions concurrently. Appointing authorities may make appointments according to the following order of selection which applies to all vacant career service positions:

(a) First, agencies shall make appointments from the statewide reappointment register in compliance with R477-12-3(7) with the names of individuals who meet the position qualifications.

(b) Second, agencies may make appointments within an agency through promotion of a qualified career service employee, or [across agency lines ]through transfer or promotion of a qualified career service employee[s] to another agency, career [exchange]mobility assignments to a higher salary range, or conversions from schedule A to schedule B as authorized by R477-5-1.(3).

(c) Third, agencies may make appointments from a list of qualified applicants certified as eligible for appointment to the position, or from another competitive process pre-approved by the Executive Director, DHRM.

 

[R477-4-5. Recruitment Within Agencies.

(1) Agencies shall provide information about internal job opportunities to their employees. Agencies shall develop a consistent, internal recruitment strategy for job families and shall communicate this strategy to their employees.

(a) For agency recruitments when the DHRM approved recruitment and selection system is not used, vacancies shall be announced for a minimum of 5 days within an agency, an organizational unit or work group. Each vacancy announcement shall include an opening and closing date.

(b) When the DHRM approved recruitment and selection system is used, agencies are required to provide their employees information about the DHRM approved recruitment and selection system.

(c) Recruitment is not required for personnel actions outlined in R477-4-4.(1).

(d) Appointment of employees from the statewide reappointment register must comply with the order of selection specified in R477-4-4.]

R477-4-5. Recruitment for Career Service Positions.

(1) Agencies shall use the DHRM approved recruitment and selection system for all career service position vacancies. This includes recruitments open within an agency, across agency lines, or to the general public. Recruitment shall comply with federal and state laws and DHRM rules and procedures.

(a) In addition to the DHRM required recruitment announcement, all other recruitment announcements shall include the following:

(i) position information about available vacancies;

(ii) information about the DHRM approved recruitment and selection system;

(iii) documented communication regarding examination methods and opening and closing dates, if applicable;

(iv) a strategy for equal employment opportunity, if applicable.

(2) Job information for career service positions shall be announced publicly for a minimum of five working days.

(3) Agencies are required to provide employees with information about the DHRM approved recruitment and selection system.

(4) Recruitment is not required for personnel actions outlined in R477-4-4(1).

(5) Appointment of an employee from the statewide reappointment register must comply with the order of selection specified in R477-4-4.

 

R477-4-6. Transfer and Reassignment.

(1) [Jobs or positions]Positions may be filled by reassigning an employee without a reduction in pay for administrative reasons or corrective action pursuant to R477-10-2.

(2) The agency that receives a transfer or reassignment of an employee shall verify his career status and that the employee meets the job requirements for the position.

(a) An employee with a disability who is otherwise qualified may be eligible for transfer or reassignment to a vacant[ job or] position within the agency as a reasonable accommodation measure.

(3) Agencies receiving a transfer or reassignment of an employee shall accept all of that employee's previously accrued sick, annual, and converted sick leave on the official leave records.

(4) A career service employee assimilated from another career service jurisdiction shall accrue leave at the same rate as a career service employee with the same seniority.

 

R477-4-7. Rehire.

(1) A former career service employee may be eligible for rehire to any career service position for which he is qualified.

(a) A rehired employee must compete through the DHRM approved recruitment and selection system and must serve a new probationary period, as designated in the official job description.

(i) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all state employment in which the employee was eligible to accrue leave. Any adjustments to the accrual rate shall be prospective from July 1, 2003.

(ii) An employee who is rehired within 12 months of separation to a position which receives sick leave benefits shall have his previously accrued sick leave credit reinstated.

(b) A rehired employee may be offered any salary within the regular salary range for the position.

(2) Career Service exempt employees cannot be rehired to career service positions, except as prescribed by Section 67-19-17.

 

[R477-4-8. Public Recruitment and Recruitment Across Agencies.

(1) Recruitment shall comply with federal and state laws and DHRM rules and procedures.

(a) Recruitment shall include the following:

(i) job information about available positions;

(ii) information about the DHRM approved recruitment and selection system;

(iii) documented communication regarding examination methods and opening and closing dates, if applicable;

(iv) a strategy for equal employment opportunity, if applicable.

(2) Job information for career service positions shall be announced publicly for a minimum of 5 days if a DHRM approved recruitment and selection system does not produce a sufficient pool of qualified applicants.

]

R477-4-[9]8. Examinations.

(1) Examinations shall be designed to measure and predict success of individuals on the job. Appointment to career service positions shall be made through open, competitive selection.

(2) The Executive Director, DHRM, shall establish the standards for the development, approval and implementation of examinations. Examinations shall include the following:

(a) a documented job analysis;

(b) an initial, unbiased screening of the individual's qualifications;

(c) security of examinations and ratings;

(d) timely notification of individuals seeking positions;

(e) elimination from further consideration of individuals who abuse the process;

(f) unbiased evaluation and results;

(g) reasonable accommodation for qualified individuals with disabilities.

(3) When examinations utilizing ratings of training and experience are administered, agencies may establish maximum years of credit for training and experience for the purpose of rating qualified applicants. Separate maximums may be set for years of training and years of experience. These maximums shall be included in the agency's recruitment notice.

(4) The Executive Director, DHRM, may enter into delegation agreements with agencies to develop and administer examination instruments, subject to periodic administrative audits by DHRM.

 

R477-4-[10]9. Hiring Lists.

(1) The hiring list shall include the names of qualified and interested applicants who are eligible to be considered for appointment or conditional appointment to a specific position.

(a) Hiring lists shall be constructed using the DHRM approved recruitment and selection system[ or another competitive process pre-approved by DHRM]. All competitive processes shall be based on job[-]related criteria.

(b) All applicants included on a hiring list shall be examined with the same examination or examinations.

(c) An individual shall be considered an applicant when he is determined to be both qualified for and interested in a particular position identified through a specific requisition.

(2) An applicant may be removed from further consideration when he, without valid reason, does not pursue appointment to a position.

(3) An individual who falsifies any information in the job application, examination or evaluation processes may be disqualified from further consideration prior to hire, or disciplined if already hired.

(4) Five percent of the total possible score shall be added to the rating or an appropriate adjustment shall be made on the hiring list for any applicant claiming veterans preference who:

(a) has served more than 180 consecutive days of active duty in and honorably discharged or released from the armed forces of the United States; or

(b) is the spouse or unremarried surviving spouse of any veteran.

(5) Ten percent of the total possible score shall be added to the rating or an appropriate adjustment shall be made on the hiring list for any applicant claiming veterans preference who:

(a) was honorably discharged or released from active duty with a disability incurred in the line of duty or is a recipient of a Purple Heart, whether or not that person completed 180 days of active duty;or

(b) is the spouse or unremarried surviving spouse of any disabled veteran.

(6) The Executive Director, DHRM, may enter into delegation agreements with agencies to develop and maintain hiring lists and certify eligible applicants to their appointing authorities, subject to periodic administrative audits by DHRM.[

(7) Selection of intra-departmental RIF employees shall be made in order of their retention points.

(a) The employee with the highest retention points shall be reappointed first, provided that the employee:

(i) Meets job requirements; and

(ii) Previously attained the position level comparable to the vacancy.]

([8]7) When more than one RIF employee is certified by DHRM, the appointment shall be made from the most qualified.

([9]8) The appointing authority shall demonstrate and document that equal consideration was given to all applicants whose final score or rating is equal to or greater than that of the applicant hired.

([10]9) The appointing authority shall ensure that any employee hired meets the job requirements as outlined in the official job description.

 

R477-4-[11]10. Time[-]Limited Exempt Positions.

The Executive Director, DHRM, may approve the creation and filling of [non-career service]career service exempt positions for temporary, emergency, seasonal, intermittent or other special and justified agency needs. These appointments shall be ["at will,"]career service exempt as [described below. See ]defined in Section 67-19-15[ for description of positions exempt from career service employment].

(1) Time limited, temporary or seasonal [non-career]career service exempt appointments, such as schedules AJ and AL, may be made without competitive examination, provided job requirements are met.

(a) The following appointments are temporary, and may not receive benefits:

(i) AJ appointments for positions which are half-time or more shall last no longer than 1560 working hours in any [12] consecutive 12 month period.

(ii) AJ appointments which are less than half-time, 19 or fewer hours per week, do not have a limitation on the duration of the appointment.

(b) Appointments under schedules AE, AI and AL shall be [non-career]career service exempt positions. AE, AI and AL employees may receive benefits on a negotiable basis.

(i) Schedule AL appointments shall work on time limited projects for a maximum of two years or on projects with time limited funding.

(ii) Only schedule A appointments made from a hiring list as prescribed by R477-4-10(1) may be considered for conversion to career service.

(2) Appointments to fill an employee's position who is on approved leave without pay shall only be made temporarily.[ A notice of appointment shall be signed by the parties.]

(3) A time limited agreement shall be signed by the parties.

 

R477-4-[12]11. Job Sharing.

Agency management may establish a job sharing program as a means of increasing opportunities for career part-time employment. In the absence of an agency program, individual employees may request approval for job sharing status through agency management.

 

R477-4-[13]12. Internships and Cooperative Education.

Interns or students in a practicum program may be appointed with or without competitive selection. Intern appointments shall be to temporary, career service exempt positions.

 

R477-4-[14]13. Reorganization.

When [a department or]an agency is reorganized, but an employee's position does not change substantially, he shall not be required to compete for his current position. However, a reduction in the number of positions in a certain class shall be treated as a reduction in force.

 

R477-4-[15]14. Career Mobility Programs.

Employees and agencies are encouraged to promote career mobility programs.

(1) Agencies may provide career mobility assignments inside or outside state government to qualified employees. Career mobility programs are designed to develop [agencies']agency resources and to enhance the employee's career growth.

(a) Agencies shall establish [policies]procedures governing career mobility programs.[

(b) An eligible employee, the agency or supervisor may initiate a career mobility.

(c) Interested participants shall meet the job requirements of the career mobility position.]

(2) Agencies shall develop and use written career mobility contract agreements between employees and supervisors to outline all program provisions and requirements. The career mobility shall be both voluntary and mutually acceptable.

(a) Programs shall conform to equal employment opportunities and practices.

(b) An eligible employee, the agency or supervisor may initiate a career mobility.

([b]c) A [P]participating employee[s] shall retain all rights, privileges, entitlements, tenure and benefits from [their]the previous position while on career mobility.

([c]d) If a reduction in force affects a position vacated by a participating employee, the participating employee shall be treated the same as other RIF employees.

(3) If a career mobility assignment does not become permanent at its conclusion, the employee[s] shall return to [their]the previous position or a similar position[. They ] and shall receive, at a minimum, the same salary rate and the same or higher salary range that the employee[ they] would have received without the career mobility assignment.

(a) [Employees]An employee who [have]has not attained career service status prior to the career mobility program cannot permanently fill a career service position until [they have obtained]the employee obtains career service status through a competitive process.

 

R477-4-[16]15. Assimilation.

(1) [Employees]An employee assimilated by the state from another career service system shall receive career service status after completing a probationary period if [they were ]originally selected through a competitive examination process judged by the Executive Director, DHRM, to be equivalent to the process used in the state career service.

(a) Assimilation agreements shall specify whether there are employees eligible for reemployment under USERRA in positions affected by the agreement.

 

R477-4-[17]16. Underfill.

(1) Underfill shall only be used in circumstances that meet the following conditions:

(a) The position is in the same classification series, as reflected on the position management report. [Positions]A position shall be underfilled only until the employee satisfactorily meets the job requirements of the next higher level position as determined by management.

(b) There must be discernible and documented differences between levels in career ladders.

 

KEY: employment, fair employment practices, hiring practices

[July 1, 2003]2004

Notice of Continuation June 11, 2002

67-19-6