General Circular No. 001382

To: Heads of State Agencies and Human Resource Directors

Subject: Proposed Rule Changes for Temporary Appointments

Issue Date: December 22, 1999

The State Civil Service Commission will hold a public hearing on Wednesday, February 2, 2000, to consider proposed amendments to rules related to details to special duty, job appointments and restricted appointments. Also discussed will be the attached POLICY STANDARDS for the use of these appointments. Rules proposed for change include the following: Rules 8.16(d); 1.18; 8.14; 1.38.1; 6.5(d); and 8.10. The hearing will begin at 9:00 a.m. and will be held in the Commission Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.

Consideration will be given to the following:

8.16 (a)...

(b)...

(c)…

(d) Detail to Special Duty

The rule proposal authorizes the Director to issue policy standards for the use of details. There will be less front-end review of details by Civil Service. Therefore, as an accountability measure, this amendment proposes that the Director may cancel a detail and/or withdraw an agency=s authority to use details since the Director=s approval will be required only for details that exceed a total of one year. It is also explicitly stated that an appointing authority may terminate a detail at any time. Rule 17.23.1 is not changed - details shall last a maximum of three months beyond the effective date of layoff when they are effected during the freeze period on appointments for jobs affected by the layoff. Also unchanged is Rule 17.25 relating to details that may be made when there is a department preferred reemployment list as the result of a layoff.

Justification for all details must be maintained by the agency and justification must be submitted to Civil Service for those details that exceed a total of one year, i.e., those that need the Director=s approval. Civil Service will do post-audits of details, which will include checking for justification that is to be maintained by the agency.

1.18 >Job Appointment= means a temporary appointment of an employee only for one of the following reasons: a) for work of a temporary nature; b) to substitute for another employee; or, c) for projects not expected to last longer than three years. A job appointment may last up to a maximum of three years.

This proposed amendment states that a job appointment may last up to three years, instead of the current one year. This proposal limits use of these appointments to three reasons only.

8.14 Job Appointment

(b) REPEAL

(c)...

(d)...

1. The Director may issue policy standards for the use of job appointments.

(f) An appointing authority may terminate a job appointment at any time.

To better meet the needs of state agencies, and to prevent a job appointee from being appointed in temporary status for an unnecessarily long time, the following changes are proposed:

1. The rule proposal authorizes the Director to issue policy standards for the use of job appointments.

2. No employee would, under any circumstances, be kept on a job appointment(s) over three consecutive years. If the appointment is needed longer than originally thought, an extension(s) may be made; however, the cumulative total of these shall not exceed three years.

3. The proposal states only three reasons for which this appointment may be made. Job appointments have sometimes been used for reasons other than truly temporary work. This change seeks to make clear that uses other than those stated in the rule would be rule violations.

4. The employee would have to meet the selection requirements (e.g., be within reach on a certificate for a competitive appointment) for the job appointment only at the beginning of the appointment and not for any continuous extension(s), up to a total maximum of three years.

5. The current subsection (b) is proposed for repeal because its use is no longer applicable due to the proposed three-year maximum duration of job appointments.

6. An agency must maintain written justification for the temporary appointment and any extensions and it shall not employ the incumbent for a period longer than the actual need. Such justification will be checked during Civil Service audits.

7. The proposal explicitly states that an appointing authority may terminate a job appointment at any time.

8. The Director may, at any time, cancel a job appointment and/or withdraw authority for an agency to use job appointments.

The following would not change:

1. Job appointees will continue to earn leave and get paid holidays.

2. Job appointees would continue to be appointed subject to the regular Civil Service rules on hiring for their respective job titles.

1.38.1 >Restricted Appointment= means a temporary appointment or combination of temporary appointments not to exceed a cumulative total of six months in a calendar year for a person.

It is proposed that restricted appointments be allowed to last up to six months in a calendar

year for a person. This will do away with the current multiple restricted appointments. Under no circumstances would an employee be able to serve on such an appointment over six months in a calendar year. Under the current rule, the maximum period for such an appointment(s) is calculated for a 12-month period. This change would make this calculation much easier.

6.5 Hiring Rate

...

(a) – (c) ...

(d) Restricted Appointments

(e) - (g) ...

Under the current rule, pay on a restricted appointment that is above the mid-point of the range must be fully justified in writing and approved by the Director. This change would allow more flexibility to agencies to recruit qualified individuals for temporary work by giving them authority to pay up to the maximum of the range.

8.10 Restricted Appointment

(b) REPEAL

Proposed changes in this rule include the following:

1. The rule authorizes the Director to issue policy standards for the use of restricted appointments.

2. There will no longer be multiple restricted appointments. A person would now serve on a restricted appointment for a maximum of six months in a calendar year, with no exceptions. This will be easier to administer than the current procedures and will give agencies greater ability to recruit quality temporary workers.

3. The proposal limits use of restricted appointments to four reasons only. There have been times when such appointments have been used for other than truly temporary reasons. This change makes it clear that this would be a rule violation.

4. The agency must maintain written justification for each such appointment. This will be checked during Civil Service audits.

5. The appointing authority may set the pay at any rate within the range, without having to submit justification to Civil Service. This will help recruit qualified temporary workers.

6. The person appointed must meet the Civil Service minimum qualification requirements.

7. The amendment explicitly states that an appointing authority may terminate a restricted appointment at any time.

8. The Director may, at any time, cancel a restricted appointment and/or cancel an agency=s authority to use restricted appointments.

Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111.

If any accommodations are needed, please notify us prior to this meeting.

Sincerely,

Allen H. Reynolds

Director

Attachment (Policy Standards for the use of these rules)

1. There must be written justification, maintained at the agency, as to why the assignment is temporary in nature, rather than permanent. If the detail lasts more than one year, justification must be sent for the Director’s approval before it extends beyond one year. Examples of temporary need are as follows:

1. 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.
2. Pending filling a position in a regular manner. This would include the time necessary to receive and work a certificate of eligibles or the time needed to recruit for a shortage job. (See #2 below for restrictions on this reason.)
3. To double encumber a position for training purposes due to the pending retirement of the regular incumbent.
4. For a trial period prior to promotion as explained in General Circular # 1286.
5. 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.
6. The detail is made to one of the few job titles established by Civil Service that can be filled only by detail to special duty.

1. 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 receiving of and working of a certificate of eligibles should not be longer than a few weeks (or months if a special announcement needs to be made). Normally, a detail is not to be used to "get the person qualified" and then tested, especially if there is an adequate certificate of eligibles or there are other acceptable, qualified employees who can be appointed to the position.

2. Explain the detailing of an employee who does not meet the Civil Service minimum qualification requirements, especially if other current employees are qualified and/or there is an adequate certificate of eligibles. Explain why this employee is the most logical and best person for the detail. (Also, refer to #2 above.)
3. 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.
4. The Director’s approval must be obtained when a detail lasts over a year. It must be obtained each time there is an extension(s) past the original one year. 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.

1. There must be written justification, maintained at the agency, as to why this should be

a temporary appointment, rather than a permanent one. Rules 1.18 and 8.14 state

follows:

1. For work of a temporary nature. This means there is a "temporariness" attached to the situation. Job appointments are not to be used to hire employees to "see if they work out" for an ongoing job. This is the purpose of probational appointments.
2. To substitute for another employee. The regular incumbent may be on extended sick leave (includes workers’ compensation), or may be detailed to another position, or may be on leave without pay to serve in an unclassified job.
3. Job appointments may be made for projects funded by grants not expected to be renewed past three years or for other projects expected to be temporary. This does not include positions normally funded by federal money. Many state positions are federally funded and there is often not a guarantee of continued funding.

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 work of a temporary nature, e.g., a special project, the employee should be used only for that project and should be let go promptly at the conclusion of the project.
3. No employee can serve continuously on a job appointment for over three (3) years. Furthermore, agencies should avoid hiring an employee long-term by placing him on a further job appointment after only a short break in service. It is not the intent of the rule to have employees make a career of temporary appointments. This practice will be viewed as a serious circumvention of the rules and will be monitored in audit practices by Civil Service. Normally, there should be significant breaks between job appointments. For example, after a three-year appointment, a good "rule of thumb" would be a break of at least one year before the employee is placed on another job appointment.
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 it 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.

2. A restricted appointment should not be made if it would be more appropriate to make a provisional, job or probational appointment.
3. The employee must meet the minimum qualification requirements for the job.
4. The intent of this rule is to limit an employee’s appointment to a maximum of six-