Section 1120-02-.08 - FILLING POSITIONS(1) Preferred Service Positions. All preferred service positions are regular full-time positions which may be filled by persons who are among the available applicants in a referred pool of candidates. Preferred service positions may be filled on a full-time temporary basis outside the competitive process by qualified persons as determined by the Commissioner by temporary appointment, emergency appointment, or interim appointment. Preferred service positions may also be filled on a part-time basis with a seasonal appointment.
(2) Request to Fill Position. Whenever an Appointing Authority proposes to fill a preferred service position, executive service position, non-competitive position, or an internship position, the authority shall submit to the Commissioner a statement showing the position to be filled, the duties for such position, the official duty station, the minimum qualifications, and preferred skills, abilities, competencies and knowledge of the person to be appointed. The statement shall also specify whether the position will be filled by an internal state candidate, and, if so, justifying the reason(s) for posting the vacancy as promotional.(3) Executive Service Positions. All executive service positions are regular full-time positions, which may be filled by eligible applicants. The agency is not required to hire an applicant from a referred pool of candidates. However, all postings and candidates for executive service positions shall be recorded in the current enterprise applicant tracking system authorized by the Department. The posting of the position and the application process for executive service positions must be completed through the applicant tracking system. Executive service employees are at-will and serve at the pleasure of the Appointing Authority.(4) Non-Competitive Positions. For positions involving certain clerical, unskilled or semi-skilled labor, domestic, attendant, or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the provisions of the Act, the Commissioner may adopt, or authorize the use of, such other procedures as the Commissioner determines to be appropriate in order to meet the needs of the service.(5) Overlap. An Appointing Authority may place more than one (1) employee in a single position in an overlap status subject to budgetary limitations and the approval of the Commissioner.(6) Job Sharing. An Appointing Authority may place more than one (1) part-time employee in a single full-time position in a job sharing status subject to budgetary limitations and the approval of the Commissioner. Agencies are responsible for ensuring that the number of hours worked by all employees assigned to the position number do not exceed the maximum number of full-time hours assigned to that position in a fiscal year. Positions used for job sharing and employees who job share are not classified as preferred service.(7) Mismatch. An Appointing Authority may request approval from the Commissioner to appoint an employee to a classification different from the classification of the position, provided the employee's classification is not higher than the classification of the position. For preferred service appointments, the mismatch should be in the same or related classification series. The employee appointed should be able to meet the qualifications for the classification of the position upon attainment of additional education, experience, or credentials. Preferred service mismatches should not exceed one (1) year except for employees in a lower level position with a specified probationary period longer than one (1) year, or who have not otherwise met specified performance standards to progress to the next level.
Tenn. Comp. R. & Regs. 1120-02-.08
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Amendment filed August 25, 1994; effective December 29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Rule was previously numbered 1120-02-.10 but was renumbered 1120-02-.08 with the deletion of original rules 1120-02-.04 and 1120-02-.09 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-201, 8-30-305, and 8-30-309.