W. Va. Code R. § 217-1-10

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

Section 217-1-10 - Promotions, Demotions and Transfers

10.1. Method of Making Promotions.

10.1.1. In filling vacancies, agencies must make an effort to achieve a balance between promotion from within the service and the introduction into the service of qualified new employees. Whenever practical and in the best interest of the service, an agency may fill a vacancy by promotion, after consideration of the eligible permanent employees in the agency or in the classified service based on demonstrated capacity and quality and length of service.

10.1.2. The agency must certify that a candidate for promotion possesses the qualifications for the position as set forth in the specifications for the class of position 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 Division.

10.2. Demotions. -- An agency head may demote an employee with or without prejudice The agency shall file the reasons for the demotion and the reply, if any, with the Division. Prior to the effective date of the demotion, the agency head, or his or her designee shall:

10.2.1. Meet with the employee in a predetermination conference and advise the employee of the contemplated demotion. The conference is not required when the demotion is requested by the employee, voluntarily and without duress, to accept a posted position for which the employee has applied;

10.2.2. Give the employee oral notice confirmed in writing within three working days, or written notice of the specific reason or reasons for the demotion; and,

10.2.3. Give the employee a minimum of 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 agency head, or his or her designee. The 15 days' notice is not required when the demotion is requested by the employee, voluntarily and without duress, to accept a posted position for which the employee has applied.

10.3. Transfers.

10.3.1. Subject to the posting requirements provided in subsection 8.5. of this rule, an agency may transfer a permanent employee from a position in one organizational subdivision of an agency to a position in another organizational subdivision of the same or another agency at any time. In the case of inter-agency transfers, an agency shall transfer all hours of accumulated annual and sick leave and all service credit with the employee. Transfer within the classified service, without a break in service, shall not be considered a resignation.

10.3.2. Agencies must report all inter- and intra-agency transfers within a class to the Division on appropriate forms prior to the time of the transfer. The Division shall approve transfers to comparable classes prior to the transfers and shall require that the employees meet the minimum qualifications of the new classes.

W. Va. Code R. § 217-1-10