W. Va. Code R. § 95-1-4

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 95-1-4 - Personnel

4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.

4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.

4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.

4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.

4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.

4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.

4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.

4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:

a. Organization structure;

b. Recruitment and selection procedures;

c. Equal employment opportunity provisions;

d. Job qualifications, descriptions and responsibilities;

e. Job classification plan;

f. Wage and benefit plan;

g. Holidays, leave and work hours;

h. Policies and procedures related to personnel records;

i. Performance evaluation procedures;

j. Promotion, retirement, resignation, layoff and termination procedures;

k. Employee/management relations;

l. Physical fitness policy;

m. Disciplinary procedures;

n. Grievance and appeal procedures; and,

o. Insurance and professional liability provisions.

4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.

4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.

4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.

4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.

4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.

4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)

4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.

4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.

4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.

4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.

W. Va. Code R. § 95-1-4