Human Resource Management, Administration

Rule R477-4

Filling Positions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33603
Filed: 04/29/2010 11:49:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments are made to clarify and comply with H.B. 17 and H.B. 140 (2010 General Session). The recruitment and selection process is simplified and articulated with greater clarity. Unnecessary language is removed. (DAR NOTE: H.B. 17 (2010) is found at Chapter 103, Laws of Utah 2010, and was effective 05/11/2010. H.B. 140 (2010) is found at Chapter 249, Laws of Utah 2010, and will be effective 07/01/2010.)

Summary of the rule or change:

In Subsection R477-4-2(4), requirements for temporary appointments for career service exempt positions are outlined in greater detail. Section R477-4-4 is amended and reduced for simplification. Subsection R477-4-5(1)(i) is removed. Subsection R477-4-6(1)(c) is added to restore sick leave to rehired RIF'd employees. Section R477-4-7 is simplified. In Subsection R477-4-12(3)(c), increases and decreases are limited to 1/2% increments. Several edits are made to eliminate unnecessary language.

State statutory or constitutional authorization for this rule:

• Section 67-19-6

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

small businesses:

This rule only affects the executive branch of state government and will have no impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies of the executive branch of state government.

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

Rules published by the Department of Human Resource Management (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. This act limits the provisions of career service and these rules 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 savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.

Jeff Herring, Executive Director

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
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov

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:

06/14/2010

This rule may become effective on:

06/21/2010

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-1. Authorized Recruitment System.

Agencies shall use the DHRM approved recruitment and selection system unless an alternate system has been pre-approved by DHRM.

 

R477-4-2. Career Service Exempt Positions.

(1) The Executive Director, DHRM, may approve the creation and filling of career service exempt positions, as defined in Section 67-19-15.

(2) Agencies may use any pre-approved process to select an employee for a career service exempt position. Appointments may be made without competitive examination, provided job requirements are met.[

(3) Only Schedule A appointments made from a hiring list under Subsection R477-4-9 may be considered for conversion to career service.]

([4]3) Appointments to fill an employee's position who is on approved leave [without pay ]shall only be made temporarily.

([5]4) Appointments made on a [time-limited]temporary basis shall be career service exempt and:

(a) be Schedule [AI, AJ, or AL]IN, in which the employee:

(i) is hired to work part time indefinitely;

(ii) may not work more than 30 hours per week; and

(iii) shall have a temporary agreement signed by both the hiring official and the employee on an annual basis; or

(b) [have a time limited agreement signed by both the hiring official and the employee.]be Schedule TL, in which the employee:

(i) is hired to work on a time limited basis; and

(ii) shall have a temporary agreement signed by both the hiring official and the employee at least every three years.

(c) may, at the discretion of management, be offered benefits if working a minimum of 20 hours per week.

(d) if the required work hours of the position exceed the 30 hours per week maximum for Schedule IN or if the position exceeds anticipated time limits for Schedule TL, agency management shall consult with DHRM to review possible alternative options.

(5) Only Schedule A, IN or TL appointments made from a hiring list under Subsection R477-4-8 may be considered for conversion to career service.

 

R477-4-3. Career Service Positions.

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

(a) DHRM business practices;

(b) career service principles;

(c) equal employment opportunity principles;

(d) Section 52-3-1, employment of relatives;

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

 

R477-4-4. [Order of]Recruitment and Selection for Career Service Positions.

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

(a) reemployment of a veteran eligible under USERRA;

(b) reassignment[ or transfer] within an agency initiated by an employee's reasonable accommodation request[for the purposes of reasonable accommodation] under the [Americans with Disabilities Act]ADA;

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

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

(e) reassignment, transfer, or career mobility[, or other movement] of qualified employees to better utilize skills or assist management in meeting the organization's mission;[ or]

(f) reclassification; or[.]

(g) conversion from schedule A to schedule B as authorized by Subsection R477-5-1(3).

(2) 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.

(3) Agencies may carry out all the following steps for recruitment and selection of vacant career service positions concurrently. [Appointing authorities shall]Management 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 created prior to March 2, 2009, provided the applicant applies for the position and meets minimum qualifications.[with the names of individuals who meet the position qualifications.]

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

(c) Third, agencies may make appointments ]from a hiring list of qualified applicants for the position, or from another [competitive ]process pre-approved by the Executive Director, DHRM.[

 

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) opening and closing dates; and

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

(2) Recruitments for career service positions shall be posted for a minimum of seven calendar 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 under Subsection R477-4-4(1).]

 

R477-4-[6]5 . Transfer and Reassignment.

(1) Positions may be filled by reassigning an employee without a reduction in the current actual wage except as provided in federal or state law.

(a) Prior to transfer or reassignment of an employee, the receiving agency shall verify the employee's career service status and that the employee meets the job requirements for the position.[

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

(b) 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.

(c) 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.

(2) A reassignment or transfer may include assignment to:

(a) a different job or position with an equal or lesser salary range maximum;

(b) a different work location; or

(c) a different organizational unit.

 

R477-4-[7]6 . Rehire.

(1) A former employee shall compete for career service positions through the DHRM approved recruitment and selection system and shall serve a new probationary period, as designated in the official job description.

(a) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all eligible employment in which the employee accrued leave.

(b) An employee rehired into a benefited position within one year of separation shall have forfeited sick leave reinstated as Program II sick leave.

(c) An employee rehired into a benefited position within one year of separation due to a reduction in force shall have forfeited sick leave reinstated to Program I and Program II as accrued prior to the reduction in force.

([c]d) A rehired employee may be offered any salary within the salary range for the position.

 

R477-4-[8]7 . Examinations.

(1) Examinations shall be designed to measure and predict applicant job performance[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]detailed position record (DPR) based upon a current job or position analysis;

(b) an initial, [unbiased]impartial 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]impartial evaluation and results; and

([g]d) reasonable accommodation for qualified individuals with disabilities.

(3) Examinations and ratings shall remain confidential and secure.

 

R477-4-[9]8 . 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 job, job series or position.

(a) An individual shall be considered an applicant when the individual applies for a particular position identified through a specific recruitment.

(b) Hiring lists shall be constructed using the DHRM approved recruitment and selection system.

(c) Applicants for career service positions shall be evaluated and placed on a hiring list based on job, job series or position related criteria.

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

(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]3) 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.

([5]4) The appointing authority shall ensure that any employee hired meets the job requirements as outlined in the official job description.

 

R477-4-[10]9 . Job Sharing.

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

 

R477-4-[11]10 . Internships[ and Cooperative Education].

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

 

R477-4-[12]11 . Reorganization.

When an agency is reorganized, but an employee's position does not change substantially, the agency may not require the employee 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-[13]12 . Career Mobility Programs.

Employees and agencies are encouraged to promote career mobility programs.

(1) A career mobility is a [time limited]temporary assignment of an employee to a different position for purposes of professional growth or fulfillment of specific organizational needs. Career mobility assignments may be to any salary range.

(2) Agencies may provide career mobility assignments inside or outside state government in any position for which the employee qualifies.

(3) An eligible employee or agency may initiate a career mobility.

(a) Career mobility assignments may be made without going through the competitive process but shall remain temporary.

(b) Career mobility assignments shall only become permanent if:

(i) the position was originally filled through a competitive recruitment process; or

(ii) a competitive recruitment process is used at the time the agency determines a need for the assignment to become permanent.

(c) Agencies may offer an employee on a career mobility assignment a salary increase or salary decrease in any amount in increments of 1/2%, provided the new salary is within the new salary range[of a maximum of 11% or the minimum of the range].

(4) Agencies shall develop and use written career mobility contract agreements between the employee and the supervisor to outline all program provisions and requirements. The career mobility shall be both voluntary and mutually acceptable.

(5) A participating employee shall retain all rights, privileges, entitlements, tenure and benefits from the previous position while on career mobility.

(a) 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.

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

(6) An employee who has not attained career service status prior to the career mobility program cannot permanently fill a career service position until the employee obtains career service status through a competitive process.

 

R477-4-[15]13 . Assimilation.

(1) An employee assimilated by the state from another career service system shall receive career service status after completing a probationary period if 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-[16]14. Policy Exceptions.

The Executive Director, DHRM, may authorize exceptions to this rule, consistent with Subsection R477-2-2(1).

 

KEY: employment, fair employment practices, hiring practices

Date of Enactment or Last Substantive Amendment: [July 1, 2009]2010

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6