Ariz. Admin. Code § 13-5-305

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-5-305 - Promotion

A. Announcing a promotional examination. Human Resources shall publish an agency-wide announcement when initiating development of an internal eligibility list. An announcement shall include the information in R13-5-301(A).

B. Applying for promotion. An employee may compete for a place on an internal eligibility list by submitting an internal application form to Human Resources by the application filing deadline.

1. An employee is eligible to take a promotional examination if the employee:

a. Satisfactorily completes initial probation by the application filing deadline;

b. Meets or exceeds the minimum qualifications for the classification; and

c. Receives a standard or above standard performance evaluation for the latest rating period.

2. An employee who participates in developing an examination for an internal classification is not eligible to take the examination for that classification.

C. Processing an application. Human Resources shall process an application consistent with the procedures in R13-5-301(B), (C), and (F).

D. Business manager review. Within 10 days after a notice of rejection of an application has been mailed to the employee, an employee may request that the business manager review a rejected application. The business manager may review and overturn or concur with the decision of Human Resources. An employee may also request that the Council review the business manager's decision.

E. Promotional examination. Human Resources shall conduct a promotional examination consistent with R13-5-302. An employee eligible to take a promotional examination shall notify the employee's supervisor of the time and date of the examination as soon as it is known. A supervisor shall authorize an employee to participate in a promotional examination while on duty.

F. Scoring and validating an examination. Human Resources shall score and validate an examination under R13-5-302(F) and (G).

G. Inspection of examination results. Within 10 days after the examination results are mailed, a competitor may file a written notice with the business manager requesting an opportunity to review the examination for the purpose of determining whether the competitor has a reason for challenging the competitive examination. A competitor requesting a review shall outline the specific areas the competitor believes are in error. The competitor shall be allowed to review the examination in the presence of the business manager or an employee authorized by the business manager to determine whether the competitor has a valid basis for a challenge to the examination.

1. The business manager or the authorized employee shall oversee the competitor's examination inspection.

2. An employee shall not copy questions or answers, nor make any alterations to the examination papers.

3. Within 10 days of a review, a competitor may file a written notice with the business manager challenging the examination results on the basis of irregularity, bias, fraud, or scoring error and explaining the basis for any challenge. The business manager shall review the competitor's challenge to determine if the challenge is valid.

4. If the business manager's review discloses an error, the business manager shall return the examination to Human Resources for correction.

5. If an error affects the scores of other competitors, Human Resources shall revise all incorrect scores.

6. If the business manager determines the error is not correctable and the defective portion of the exam is critical to the examination process, Human Resources shall re-administer that portion of the examination under guidelines provided by the business manager.

7. Only the Council, a business manager, competitor, competitor's attorney, or an agency head may inspect a competitor's examination.

H. Grievance of business manager's decision. An employee who is aggrieved by a decision of the business manager may grieve the decision to the Council. A grievance of the business manager's decision shall be filed with the Council office no later than 20 days after notice of the decision is given. The Council shall review the grievance as outlined in R13-5-602(E).

I. Military leave. Human Resources shall allow an employee returning from military leave to take any examination that the employee could have taken if military service had not intervened. If the employee passes the examination, the business manager shall add the employee's name to the appropriate internal eligibility list based on the employee's score.

J. Establishing an internal list. Human Resources shall prepare an internal list for a promotional classification with competitor's names arranged in descending order of the competitor's final score.

K. Establishing a list in case of a tie. If two or more competitors receive the same rating in an examination, the competitor's names shall be placed on the list according to their respective ratings on the portion of the examination with the greatest weight. It a tie still exists, the names shall be placed on the list at the same position, in alphabetical order.

L. Approval of list. Human Resources shall submit the internal list to the business manager for approval and certification.

M. Notifying a candidate. When the list is certified by the business manager, Human Resources shall notify a candidate of the exam results and the candidate's relative ranking on the list.

N. Duration of a list. A list shall remain in force consistent with R13-5-304(E).

O. Removing a candidate from an internal list. The business manager shall remove a candidate from an internal list if:

1. The candidate fails to maintain required qualifications for the classification, or

2. The candidate resigns or is terminated from agency service.

P. Promotion to the classification of officer. The business manager shall reclassify an employee to the classification of officer upon certification by the Peace Officer Standards and Training Board.

Q. Promotion for a commissioned classification. An agency may establish a job-interest card system for a promotion in a commissioned classification. If a candidate submits a job-interest card indicating interest in only a specified position, that candidate shall not be considered for any other position except as outlined in this subsection.

1. An agency head shall offer a promotional position to a candidate ranking highest on the promotional eligibility list who filed a job-interest card for that position.

2. If there are no job-interest cards for a specific position, an agency head shall offer a promotional position to the candidate ranking highest on the promotional eligibility list. If the employee highest on the promotional list declines the promotion, the agency head shall offer the position to the employee next highest on the list until all candidates on the promotion list are offered the position.

3. For a location that has two or fewer positions, an agency head may appoint any promotional candidate residing in that location.

4. If a candidate declines an offer of promotion, the business manager shall move that candidate's name to the bottom of the promotional eligibility list.

5. If all candidates on a promotional eligibility list decline a promotion, an agency head shall make a second offer to all candidates on the list.

6. If all candidates on the list decline the second offer, the business manager shall cancel the list. Human Resources shall then initiate a process to create a new list for the classification.

R. Promotion for a civilian classification. Civilian promotions are conducted under R13-5-308 and R13-5-309.

Ariz. Admin. Code § R13-5-305

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).