TDD# 1-800-846-5277

 

STATE OF LOUISIANA

DEPARTMENT OF STATE CIVIL SERVICE

BATON ROUGE, LOUISIANA

 

September 25, 2008

 

General Circular 1746

 

To:                   Heads of State Agencies and Human Resource Directors

 

Subject:           Proposed Rule Changes: Replacement of Chapters 7 & 8, Adoption of Chapters 22, 23, 24 and associated changes

 

Date:               September 25, 2008

 

The State Civil Service Commission will hold a public hearing at 9:00 a.m. on Wednesday, November 19, 2008 to consider the Civil Service Rule changes below. The hearing will be in the Claiborne Building, 1201 North Third Street, Baton Rouge.  Persons who wish to comment on these proposals may do so at the public hearing or by writing to the Director of the Department of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana, 70804-9111.  Comments regarding Chapter 24 should be directed to the attention of Judy McGimsey at judy.mcgimsey@la.gov.  All other comments should be directed to the attention of Genie Silva at genie.silva@la.gov. If any accommodations are needed, please notify the Department at (225) 342-8272 prior to the meeting.

 

Summary

In 2000, the State Civil Service Commission adopted a comprehensive civil service reform initiative titled ASCEND 2020.   One of the major goals of ASCEND 2020 was to re-engineer the application/hiring procedures used by state agencies to fill classified jobs.  This reform has been implemented in phases over several years.  The final phase is now nearing completion. While the essential principles underlying the current Rules remain unchanged, many of the procedures and terms in the current Civil Service Rules will change or become obsolete.  Therefore, we propose to abolish in their entirety, the current Chapter 7, “Examinations and Eligible Lists” and Chapter 8, “Certification and Appointment” and replace them with three new chapters, Chapter 22, “Requirements for Filling Job Vacancies,” Chapter 23, “Appointments” and Chapter 24 “Transfer of Governmental Functions and Acquisitions.”  In conjunction with these changes, new definitions to clarify terms used in these chapters, and minor wording changes to related Rules are also proposed.

 

The proposed Rules provide for merit-based hiring in a clearer, more consolidated format based on the principles set forward in our state constitution: open competition and ability-based appointment.   The proposed Rules clearly require that all components of the selection process, from initial screening through final interview questions, whether applied by the Department of State Civil Service, or the hiring agency, be based on job-related merit, efficiency, fitness and length of service.

 

The current Chapters 7 and 8, proposed for abolishment, are available on the Civil Service website at http://www.civilservice.la.gov/progasst/csrules/CSRULES.asp.  Presented here are the proposed new Chapters 22, 23 and 24, amendments to Definitions (Chapter 1), and resulting minor amendments to associated Rules in other chapters.  Explanations of the changes proposed are provided. 

 

Sincerely,

 

 

 

s/Anne Smith Soileau

Director

PROPOSED FOR ADOPTION

 

CHAPTER 22

 

REQUIREMENTS FOR FILLING JOB VACANCIES

 

22.1 Methods of Filling Vacancies.

 

Vacancies in the classified service may be filled by probational appointment, job appointment, restricted appointment, promotion, demotion, reassignment, position change, transfer, noncompetitive reemployment of a former employee, appointment from a Department Preferred Reemployment list, temporary inter-departmental assignment, or detail to special duty.

 

22.2 Filling Vacancies Prior to the Election for a Statewide Elected Office

 

An appointing authority shall obtain the Director’s approval before making a permanent appointment to any job at or above MS-520, AS-620, SS-419, PS-115, WS-218, or TS-315 between the date of any election for a statewide elected office and the date the elected official takes office.  The Director may exempt jobs from this requirement.

 

22.3 Public Announcement of Job Vacancies.

 

(a)    All vacancies for jobs in the classified service that are filled by probational appointment, job appointment or promotion shall be posted on the Internet in accordance with the Director’s policies and procedures except as provided in Rule 22.3 (b).

 

(b)   A vacancy may be filled without public announcement in the circumstances listed below: 

1.      Appointment from a Department Preferred Reemployment list.

2.      Restricted appointment.

3.      Noncompetitive appointment of a client of a State Vocational Rehabilitation Services Program or a State Blind Services Program under provisions of Rule 22.8 (a).

4.      Noncompetitive reemployment of a former employee based on prior state service under provisions of Rule 23.13 (a).

5.      Detail to special duty.

6.      Demotion of a permanent classified employee.

7.      Reassignment, position change or lateral transfer of a permanent classified employee.

8.      Out-of-state vacancies filled in accordance with Rule 22.8 (b).

9.      Temporary Inter-Departmental Assignment.

10.  When non-classified employees are declared to be in the State Classified Service or are acquired by a State Agency in accordance with Rule 24.2.

11.  Noncompetitive promotion of a permanent classified employee to a position to which he or she would have noncompetitive reemployment eligibility under Rule 23.13 if he or she were to resign.

 

(c)    In the case of vacancies to be filled by promotion, appointing authorities may limit application to permanent classified employees of a promotional zone approved by the Director. 

 

22.4 Rejecting Applicants for Employment

 

The Director or an appointing authority may reject an applicant if the applicant:

 

(a)    Cannot be legally employed.

(b)   Does not meet the Minimum Qualifications of the job.

(c)    Has been convicted of a felony.

(d)   While serving with permanent status, was dismissed from state service or resigned to avoid dismissal.

(e)    Has submitted false information during the application or examination process or otherwise attempted to fraudulently secure eligibility for appointment for either self or others.

 

Applicants rejected shall be notified of the action taken.

 

22.5 Minimum Qualifications; Flexible Qualifications

 

(a)    The Director shall establish Minimum Qualifications which shall be included in the job specification for each classified job except as provided in Rule 22.5(b).  Appointees must meet the Minimum Qualifications for the job unless exempted under provisions of Rules 22.5 (e), 23.12, 23.13(a) or 5.8. The Director may order the separation of any non-permanent employee who does not meet the Minimum Qualifications.

 

(b)   The Director may establish Flexible Qualifications instead of Minimum Qualifications.  If established, they shall be included in the job specification. An appointee should meet the Flexible Qualifications. However, an appointing authority may make an exception provided there are rational business reasons and these are properly documented.

 

(c)    The determination as to whether an applicant meets Minimum Qualifications may be done by the Department of State Civil Service or by an appointing authority under delegated authority as determined by the Director.  Decisions made by the appointing authority may be reviewed by the Director and his decisions will be final.

 

(d)   When an applicant is notified that he or she does not meet Minimum Qualifications, the applicant may request that the Director review the decision.  The request must be in writing and be postmarked or received no later than 30 days from the date on the disqualification notice. The Director's decision shall complete the review process by the Department of Civil Service.

 

 

(e)    Whenever previously established Minimum Qualifications are changed and an incumbent in the affected job class does not meet the new requirements, the incumbent shall be allowed to

 

1.      remain in the position occupied on the effective date of the change  provided there are no legal barriers.

 

2.      qualify for higher level jobs in the normal career path of the job occupied, by acquiring the difference between the minimum qualifications of that job and the higher level jobs, as of the effective date of the change, provided there are no legal barriers.

 

22.6 Examinations

 

(a)    An examination is any formal assessment or combination of assessments used to evaluate an applicant’s qualifications and job-related competencies. Examinations include but are not limited to tests, experience and training evaluations, minimum qualifications, resume evaluations, structured oral examinations, and job interviews.  The Director may conduct examinations as deemed appropriate and shall establish eligibility requirements, examination schedules, application procedures and policies regarding retesting, expiration of test scores and cancelling test scores for Director-administered examinations. 

 

(b)   The Director may authorize an appointing authority to conduct examinations and may establish policies for agency-administered examinations.  Such examinations shall be job-related and designed to assess applicants based on merit, efficiency, fitness and length of service.

 

(c)    A test is a type of examination administered by a proctor to a group of applicants at a test center, consisting of written or electronic responses to questions.

 

(d)   Test takers shall be notified of their test scores by the Director or agency appointing authority as appropriate.

 

(e)    A test score is subject to review by the Director or appointing authority as appropriate upon written request postmarked or received within 30 calendar days following the date on the test result notice.  A test score error shall be corrected, but shall not necessarily invalidate any appointment.

 

 

 

 22.7 Veterans Preference; Proof of Eligibility

 

(a)    For original appointments, veterans’ preferences of five or ten points shall be added to the final examination score of each eligible applicant who meets the minimum qualifications and has attained at least the minimum test scores required and at least the minimum  rating required for eligibility in accordance with Section 10 (A) (2) of Article X and applicable statutes.

 

(b)    An applicant claiming eligibility for veterans’ preference points shall provide proof of eligibility in the manner the Director prescribes.

 

22.8 Exemptions from Testing Requirements

 

(a)    An appointing authority may fill a vacancy by probational appointment, job appointment or promotion of a State Vocational Rehabilitation Services or Blind Services program client without the appointee’s attainment of  any test scores normally required, provided the appointee meets the Minimum Qualifications of the job, and that the appointing authority documents that the appointee is a bona fide client of a State Vocational Rehabilitation Services or State Blind Services Program, is disabled to such an extent as to prohibit participation in the usual required tests, and is able to perform the duties of the position without hazard to self or others.

 

(b)   The Director may exempt from testing requirements applicants for out-of-state vacancies filled by probational appointment, job appointment or promotion. 

 

(c)    An applicant who meets the Minimum Qualifications and has obtained a baccalaureate degree from an accredited college or university with an overall grade-point average (GPA) of 3.5 or higher, as verified by official transcript, may be appointed by probational appointment or  job appointment without taking any Director administered test normally required provided that the job to which he is appointed is a professional level job for which possession of the baccalaureate degree alone is sufficient to meet the Minimum Qualifications or a professional level job at the experienced or advanced level requiring up to, but not more than three years of professional level experience beyond the degree. 

 

22.9 Certificates of Eligibles

 

(a)    For each vacancy which requires public announcement to fill, the Director shall create or authorize an appointing authority to create a certificate containing names of applicants who

 

1.      Meet the Minimum Qualifications.

 

2.      Have attained any test scores required by Civil Service.

3.      Have applied by the closing date of the announcement.

 

4.      Have met any other eligibility requirements established by the Director, by Civil Service rules or by law

 

5.      Have met any other job-related selective certification requirements requested by the appointing authority, approved by the Director and stated in the public vacancy announcement.

 

6.      For promotions, are in the promotional zone approved by the Director and stated in the announcement.

 

(b)   When the applicant is eligible for veteran’s preference points, these shall be noted on the certificate. 

 

(c)    The Director shall establish policies and procedures the appointing authority must follow when creating certificates including record keeping requirements. 

 

(d)   The appointing authority shall determine the effective date of the appointment from the certificate, but in no case shall the effective date be prior to the closing date of the announcement or prior to the time the employee began work. 

 

(e)    An appointing authority is not obligated to fill an announced vacancy

 

(f)    The Director may impose more restrictive certification rules such as restricting hiring or promotion to particular score ranges in circumstances where he deems it to be in the best interests of the state.

 

22.10 Mandatory Training Requirements

 

The Commission shall establish mandatory training for employees who occupy or       are appointed to designated supervisory, managerial, or administrative jobs.  Each department shall advise employees who occupy these jobs of the training requirements.  Employees who fail to meet the required training within the specified period of time may be disciplined or removed in accordance with Chapter 12 of the Civil Service Rules.

 

22.11 Withdrawal of Authority

 

The Director may withdraw from an appointing authority any authority the Director authorized under this chapter.

 

 

 

EXPLANATION for Chapter 22

 

Chapter 22 incorporates the majority of the elements that were previously addressed in Chapter 7, with a few items from Chapter 8.  Although there is not a clear one-to-one correlation between the Rules contained in the old and new chapters, the table below presents the references between the new Chapter 22 Rules and previous Rules with explanations of any significant changes under Comments.

 

New Rule	Title	Old Rule Reference	Comments
22.1	Methods of Filling Vacancies	8.1	No substantial changes
22.2	Filling Vacancies Prior to a Statewide Election	8.2.1	Previously this rule encompassed the gubernatorial first primary election only and did not include jobs in the Medical Schedule which were designated as Shortage jobs.
22.3	Public Announcement of Job Vacancies	(a) 7.2 & 7.9(a)1 (b) New (c) 7.9(a) 2.(a)	Requires posting of all vacancies with the exception of listed circumstances. This eliminates special non-competitive jobs listed in Rule 7.20 previously. The new rule also allows promotional zones as currently utilized.
22.4	Rejecting Applicants for Employment	7.5 (a) & (c)	Includes delegation to appointing authorities the ability to reject an applicant.
22.5	Minimum Qualifications; Flexible Qualifications .	(a) 7.4(a) (b) New (c) New (d) 7.5(d) (e) 7.9(a)2(c) &(d)	(a) No substantial changes (b) Allows the Director to establish Flexible Qualifications which allow agencies to broaden their hiring criteria when applicant pools are small& properly documented business reasons are provided (c )Delegates authority to agencies to determine minimum qualifications. Provides the Director the ability to review agency decisions and render the final decision. (d) No substantial changes (e) No substantial changes

 

22.6	Examinations	(a) Partially new, Parts of 7.1(a), 7.4(d) & 7.4(f) (b) New (c) New (d) Part of 1.13 (e) 7.16	(a) & (c) Are designed to make a distinction between an examination and a test. (b) Authorizes agencies to establish job-related selection procedures in order to assess applicants based on merit, efficiency, fitness and length of service as required by the Constitution.
22.7	Veterans Preference: Proof of Eligibility	(a) 1.11, 7.11 (b) 7.12	Veterans will continue to be awarded points on their total score on both written tests and ranked selection procedures. We removed all details of qualifying dates, persons qualifying, etc. so that we do not have to change a rule every time a new eligibility period is added.
22.8	Exemptions from Testing Requirements	(a) 7.20 (c) (b) 7.20 (f) (c) 8.4(e)	The new rule delegates the process of approving properly documented appointments of rehabilitation clients, out of state vacancies and applicants with a 3.5 GPA.
22.9	Certificate of Eligibles	Mostly new, replaces parts of 8.4, 8.9 & 8.20	Authorizes appointing authorities to create certificates and clearly establishes what information constitutes a certificate of eligibles.
22.10	Mandatory Training Requirements	7.4(f)	No substantial changes.
22.11	Withdrawal of Authority	New	Provides the Director with the authority to remove delegated activities as appropriate.

PROPOSED FOR ADOPTION

 

CHAPTER 23

 

APPOINTMENTS

 

23.1 Appointments 

 

Appointments shall be made under a general system based on merit, efficiency, fitness and length of service as ascertained by examination which, so far as practical, shall be competitive. 

 

23.2 Appointment from a Certificate of Eligibles

 

Probational appointments, job appointments and promotions shall be made from certificates of eligibles created in accordance with Rule 22.9 except as provided elsewhere in these rules.

 

23.3 Probational Appointment