W. Va. Code R. § 157-12-9

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 157-12-9 - Promotions, Demotions, Transfers and Reallocations

9.1. Method of Making Promotions.

9.1.1. In filling vacancies, the commissioner shall make an effort to achieve a balance between promotion from within the division classified service and the appointment of qualified new employees. The commissioner may fill a vacancy by promotion, after consideration of the eligible permanent employees in the division or in the classified service based on demonstrated capacity and quality and length of service, whenever practical and in the best interest of the division.

9.1.2. The organization may only consider a candidate for promotion if he or she possesses the qualifications for the position as set forth in the specifications for the classification for which he or she is a candidate, and may require the candidate to qualify for the new position by a promotional competitive or non-competitive examination administered by the commissioner.

9.2. Demotions.

9.2.1. The commissioner may demote an employee with or without prejudice and may demote a probationary employee as provided for in this rule. The organization for whom the employee works shall file the reasons for the demotion and the employee's reply, if any, with the commissioner. Prior to the effective date of the demotion, the organization head or his or her designee shall:

9.2.1.a. meet with the employee in a predetermination conference and advise the employee of the contemplated demotion, provided that the conference is not required when the demotion is requested by the employee, voluntarily and without duress, such as to accept a posted position for which the employee has applied;

9.2.1.b. give the employee oral notice confirmed in writing within three (3) working days, or written notice of the specific reason or reasons for the demotion; and,

9.2.1.c. give the employee a minimum of fifteen (15) days' advance notice of the demotion to allow the employee a reasonable time to reply to the demotion in writing, or upon request to appear personally and reply to the division or section head or his or her designee. Provided, that 15 days' notice is not required when the demotion is requested by the employee, voluntarily and without duress, such as to accept a posted position for which the employee has applied.

9.3. Transfers.

9.3.1. The commissioner may move a permanent employee from a position in one class to a vacant position in another class in the same compensation range if the employee is found by the commissioner to qualify for the vacant position.

9.3.2. Subject to the posting requirements provided in this rule, the commissioner may transfer a permanent employee from a position in one organizational subdivision to a position in another organizational subdivision.

9.3.3. The commissioner may transfer a position, its duties, and its incumbent from one organizational subdivision to another at any time.

9.4. Position Reallocation.

9.4.1. Whenever changes occur in the duties and responsibilities permanently assigned to a position, the commissioner shall reallocate the position and its incumbent to the proper class. The employee or the organization may seek a reconsideration of the decision by submitting a written request to the commissioner within fifteen (15) working days of the notification of the decision.

9.4.2. The commissioner shall not reallocate a position based on temporary changes in the duties and responsibilities assigned to the position.

9.4.3. When a position is reallocated to a different class, the incumbent shall not be considered eligible to continue in the position unless he or she meets the minimum qualifications for the classification. If ineligible to continue in the position, he or she may be transferred, promoted, or demoted by the commissioner in accordance with the provision of this rule as the commissioner may determine to be applicable. In any case in which the incumbent is ineligible to continue in the position, and he or she is not transferred, promoted or demoted, the provisions of §143CSR1 regarding resignation, separation suspension, and reinstatement apply.

9.4.4. Reallocations are not subject to job posting requirements.

9.4.5. The commissioner may temporarily upgrade the classification of an employee temporarily performing the duties of a position in a higher compensation range due to a separation or an extended leave of absence, for a short-term project, or in an emergency situation.

W. Va. Code R. § 157-12-9