Current through Register Vol. XLII, No. 1, January 3, 2025
Section 217-1-8 - Appointments8.1. Appointments to Positions Added to the CCCP Classified Service.8.1.1. When an agency or parts of an agency are added to the classified service through affiliation by action of the legislature, executive order of the Governor, or with the consent of the Division and the agency head concerned, a date for the addition shall be fixed by agreement.8.1.2. All appointments made on and after that date to the positions added to the classified service shall be made in accordance with this rule.8.1.3. The Division shall administer qualifying examinations to any person employed in a position added to the classified service. If recommended by the agency head, the Division may admit an employee to a qualifying examination for the class to which his or her position is allocated. A person passing the qualifying examination may be selected for probationary employment. The qualifying examinations shall be completed within six months after the date of addition of the position to the classified service. The examinations shall include appropriate assessment(s) of the person's job-related competencies.8.1.4. In making the appointments provided for in this section of this rule the agency head may count employment in the agency immediately prior to the appointments as part or all of the probationary period required under Section 9. of this rule. The agency head shall promptly report to the Division his or her decision for the records.8.2. Original Appointments. 8.2.1. An agency shall make all original appointments to classified positions in accordance with this rule. An agency shall interview and consider qualified eligibles on the preference register in accordance with subsection 11.4.j. of this rule. Upon exhaustion of the preference register, the agency shall consider other eligible applicants. The agency may exclude the names of those eligibles who failed to answer or who declined appointment or of those eligibles to whom the agency offers an objection in writing based on subsection 5.4. of this rule and the objection is sustained by the Division.8.2.2. In selecting persons from among those certified, the agency shall give due consideration, based on job related criteria, to all available eligibles and may examine their applications and reports of investigations and may interview them. Final selection shall be reported in writing by the agency to the Division and shall include a statement by the agency head or his or her designee certifying that the person charged with making the selection: complied with the requirements of this subdivision; did not make the selection based on favoritism shown or patronage granted; and considered all available eligibles for the position.8.2.3. If the eligible selected declines the appointment, the agency shall transmit evidence of declination and other data to the Division for the permanent record. The agency may consider an eligible as having declined appointment if the eligible fails to reply to electronic communication, i.e., telephone or electronic mail after three days. If an eligible accepts an appointment but fails to report for duty at the time and place specified, without giving reasons for the delay satisfactory to the agency and the Division, he or she shall be considered to have declined the appointment.8.3. Temporary Employment. -- Agencies may employ individuals for a limited period of time generally not to exceed 1,000 hours in any twelve-month period in accordance with the provisions of this rule. The Secretary may grant an extension if deemed necessary. Individuals employed under the provisions of this subsection are exempt from the classified service. Provided, temporary employees may be retained in a temporary appointment status while receiving workers' compensation temporary total disability benefits as a result of a personal injury or illness received in the course of and resulting from employment with an agency in accordance with W. Va. Code § 23-4-1 et seq.8.4. Posting of Job Openings. -- Whenever a job opening occurs in the classified service, the agency shall post a notice within the building, facility, or work area and throughout the agency that candidates will be considered to fill the job opening. Posting of job openings using electronic or other communications media shall satisfy the requirement to post a notice provided that the agency makes regular and convenient access to the media used available to each classified employee in the agency, or otherwise provides notice to each classified employee in the agency. The notice shall be posted for at least seven days before making an appointment to fill the job opening. The notice shall state that a job opening has occurred, describe the duties to be performed, and the class to be used to fill the job opening. 8.4.1. The term job opening refers to any vacancy to be filled by original appointment, promotion, demotion without prejudice, lateral class change, reinstatement, or transfer.8.4.2. The posting notice shall include a description of the duties to be performed by the person selected, the minimum qualifications for the position, the job class to be used in filling the job opening, the salary level or range that will be considered, the full-time equivalent for the position, and the job location.8.4.3. An established closing date shall allow sufficient time to ensure that the job vacancy circulation has been posted throughout the agency for a minimum of seven days. The naming of an individual to fill the position is the appointment and is not altered by the fact that the individual will not assume the duties until a later date. Therefore, the agency shall not make an appointment to a position prior to the closing date as listed on the posting. At the discretion of the agency, the posting application period may be extended past the required seven days to accept applications after the closing date.8.4.4. The agency shall give due consideration to those employees who apply and are eligible for the posted vacancy.8.4.5. If a posted vacancy is not filled within one year of the established closing date, the agency must re-post the vacancy prior to an appointment to the vacant position.8.4.6. The vacancy posting requirements in this subdivision apply to all classified position vacancies except vacancies filled as a result of employees exercising bumping or recall rights, demotions with prejudice or disciplinary transfers for cause.8.4.7. If an individual selected for a posted vacancy refuses the offer of employment, fails to report to work, or resigns or otherwise separates from employment within the first ten working days of employment, the agency is not required to repost the vacancy prior to making another appointment to the position. Provided that the date and time of separation occurs within the first ten working days and the new appointment is made within 30 calendar days of the separation and the appointment is made from the pool of eligible applicants from which the first employee was hired. This time period supersedes the one year limitation specified in subdivision 8.4.e. of this subsection.