Policy Standards for Temporary Classified Appointments

These policy standards apply to Rules 8.16(d) (Details), 8.14 (Job Appointments), and 8.10 (Restricted Appointments). Violation of the policy standards may result in a formal investigation and required corrective action.

Policy Standards for Details to Special Duty

1. Written justification must be maintained at the agency which explains why the assignment is temporary in nature, rather than permanent. If the detail is needed for more than one year, approval must be obtained from the Civil Service Director before the appointment extends beyond one year. (See Item 5 below)

Examples of temporary need are as follows:

a. The regular incumbent is on leave, or is detailed to another position, or is on leave without pay from his classified job to serve in an unclassified job.

b. Pending filling a position in a regular manner. This would include the time necessary to recruit and interview candidates.

c. To double encumber a position for training purposes due to the pending retirement of the regular incumbent.

d. For a trial period to determine if an employee is suited for the position, or for a trial period prior to any promotion.

e. Pending the reclassification of the position. It would not be wise to permanently appoint an employee to a position that is in the process of being reviewed for a possible job title change.

f. The detail is made to one of the few job titles established by Civil Service that can be filled only by temporary appointment.

g. To a position for a period of time to complete a special project.

2. The duration of the detail should fit the reason for the detail and not exceed the period of actual need. Example: A detail pending the filling of a position in a regular manner should not be longer than 2-3 months.

3. Avoid detailing an employee who does not meet the Civil Service minimum qualifications. If this cannot be avoided, be sure to explain why the detail of such an employee is necessary in the written justification. Include whether other current employees are qualified, if there is an inadequate applicant pool, and why this employee is the most logical and best person for the detail.

4. Avoid detailing probational employees, especially if the detail would be a circumvention of the hiring rules. Example: A probational employee is hired in one job and then detailed into a job for which he/she could not make a competitive grade. Such a circumvention of regular hiring rules will be viewed as serious and will be monitored in audit practices by Civil Service.

5. Detail for longer than one year:

a. If an employee will be on detail for more than one year, in the same position or multiple positions, prior approval of the Director must be obtained before the duration of the employee’s detail(s) exceeds one year. Approval must be obtained each time there is an extension past the original one year.

b. Avoid manipulating the time limits of details to get around the Director’s approval. For example, avoid the practice of detailing a person for less than a year and then re-detailing him after a short break so that the detail does not continuously last longer than a year. This practice will be viewed as a serious circumvention of the rules and will be monitored in audit practices by Civil Service.

Policy Standards for Job Appointments

1. Written justification must be maintained at the agency which explains why this should be a temporary appointment, rather than a permanent one.

Acceptable reasons to use a job appointment are:

a. To fill a position for which there is a need for a specific, limited period of time, i.e., there is a definite time frame attached to the situation. Examples would be special projects and positions funded by outside sources, such as grants. This does not include positions funded by federal money on an ongoing basis.

b. To substitute for another employee. The regular incumbent may be on extended leave or may be detailed to another position.

2. The duration of the job appointment should fit the reason for it and not exceed the period of actual need. Example: If the job appointment is for a special project, the employee should be used only for that project and should be separated promptly at the conclusion of the project. If it is determined that the position should be permanent, or another position in the same job title in the same agency becomes available, an employee who has served at least 24 months in a job appointment with no break in service may be appointed to that position without serving a probationary period. (See Rule 9.1(h))

3. MULTIPLE JOB APPOINTMENTS

An agency shall not retain an employee in job appointment status for more than three years without an extension approved by the Civil Service Commission. If there is a rational business reason for extending the job appointment beyond three years, an agency may request an extension from the Commission. The request for extension must be made before the expiration of the job appointment.

The agency should also avoid hiring an employee long-term by placing him in a different job appointment after only a short break in service. For example, after a three-year or longer job appointment, a good "rule of thumb" would be a break of at least one year before the employee is placed on another job appointment within the same agency.

Shorter breaks are acceptable when an employee leaves a job appointment in one agency and subsequently accepts a job appointment in another agency. For example, if an individual has served a three-year job appointment at one agency, but makes himself available for a job appointment at a different agency, a break in service as short as one work day would be sufficient.

For purposes of this policy standard, an "agency" shall be defined as any one of the twenty major Executive Branch agencies, or any independent board, commission or authority.

4. Job appointments must not be used to circumvent normal, competitive hiring. Example: An agency cannot reach a desired employee on a probational certificate of eligibles, so the agency asks for a job appointment certificate to reach the person. This is not a legitimate use of an appointment that is supposed to be temporary by its nature. Such a circumvention of regular hiring rules will be viewed as serious and will be monitored in audit practices by Civil Service.

5. Former employees may be placed on job appointment. However, if there are a series of actions which could lead to the reasonable conclusion that the employee’s separation and subsequent temporary appointment were effected primarily for the purpose of retaining the employee in the same or equivalent position while giving the employee the benefit of the annual leave payment allowed under Civil Service Rule 11.10, then we will view that appointment as a serious violation of Rule 8.14(e), which may result in removal of delegated authority to use job appointments without prior approval of the Director. It is therefore of critical importance that the agency maintain proper documentation of the true temporary need for the appointment as well as the reason why the former employee was the best choice for appointment.

Policy Standards for Restricted Appointments

1. Written justification which explains the need for the restricted appointment must be maintained at the agency. Rule 8.10(a)1 states only four reasons for such an appointment: a) for work of a temporary nature; b) to substitute for another employee; c) pending filling the position in a regular manner, and; d) to address an emergency or work overload situation. 

2. A restricted appointment should not be made if it would be more appropriate to make a provisional, job or probational appointment. Also, a restricted appointment should not be used to create an artificial break between job appointments. 

3. The employee must meet the minimum qualification requirements for the job. For a restricted appointment, the agency does not have to follow normal staffing procedures (e.g. posting, grades) for the position; however if the decision is made to convert the restricted appointment to any other type of classified appointment, all staffing procedures must be followed to fill the position.

4. The intent of this rule is to limit an employee’s appointment to a maximum of six months. The following will be considered as a serious circumvention of this rule and will be monitored in audit practices: a pattern of carrying over appointments from the end of one calendar year to the beginning of the next calendar year, thus resulting in appointments longer than six months, or reappointing the person on another restricted appointment after only a short break from a previous one near the end of a calendar year. A good "rule of thumb" is if an appointee has served six months on a restricted appointment, he/she should not be hired again on a restricted appointment at the same agency for six months.  

5. Former employees may be placed on restricted appointment. However, if there are a series of actions which could lead to the reasonable conclusion that the employee’s separation and subsequent temporary appointment were effected primarily for the purpose of retaining the employee in the same or equivalent position while giving the employee the benefit of the annual leave payment allowed under Civil Service Rule 11.10, then we will view that appointment as a serious violation of Rule 8.10(c), which may result in removal of delegated authority to use restricted appointments without prior approval of the Director. It is therefore of critical importance that the agency maintain proper documentation of the true temporary need for the appointment as well as the reason why the former employee was the best choice for the appointment.