8.27 Status of Nonclassified Employees Whose Positions are Declared to be in the State
Classified
Service or are Acquired by a State Agency.
(a) When a nongovernmental private organization or position, which is not subject to the Article,
is
acquired by a State agency as a result of a legislative act, constitutional amendment, judicial
decree,
or an executive order, or a government organization or position, which has been created by an
executive order of the Governor, legislation, constitutional amendment, or a local authority, is
declared to be in the State classified service by judicial decree or by order of the Commission or
Director, an employee incumbering an affected position shall be appointed in the State classified
service under this Rule if:
1. His position is retained by the State agency, and the appointing authority of the agency
certifies
in writing to the Director that the retention is necessary for the continued efficient functioning of
the
acquiring agency, and such position falls within the State classified service;
2. He is eligible for employment in the classified service;
3. He is either employed in the position or is an employee of the acquired organization and has
at
least one year of continuous service as of the effective date of the transfer of the position or of
the
acquired agency to the State classified service provided that such effective date shall be the same
effective date of the legislation, constitutional amendment, judicial decree, or commission order
that
initiated the action to classify the position, and in the absence of these directives, as of the date of
the
Director's order;
4. He possesses the minimum requirements established for the class to which his position has
been
allocated, on the date of the notification to the agency of the original allocation of his position for
probationary appointment;
5. He attains a passing score on the appropriate test, within three attempts and six months of the
date
of notification of the original allocation of his position for probationary appointment, except that
after
notifying the Commission the Director may waive the passing of a written examination
provided:
a. Either an appropriate test is not available or a review of the hiring and personnel practices of
the
entity indicates testing would be impractical and/or unnecessary; and
b. A review of the person's application and personnel record reveals that he has successfully
performed the duties of the same position for two years; and
c. The appointing authority certifies that his performance has been satisfactory.
d. The Director may still require certain employees to meet the testing requirements of (a)
5.
6. Subject to Rule 17.14, when an agency acquires employees under
(b) An employee who enters the State classified service in accordance with this Rule and who is
employed as a classified employee of a governmental jurisdiction subject to a civil service
article,
statute or ordinance shall be appointed to the State classified service with the same appointment
status he attained in the former service and such employee shall be exempt from the requirements
in
(a) 3, (a) 4 and (a)(5) above. All other employees who enter the State classified service in
accordance
with this Rule shall be either provisionally or probationally appointed.
(c) An employee who enters the state classified service in accordance with this rule and who is
employed with an organization that is being acquired in its entirety for the first time in the
classified
service may be exempted from the requirements in (a) 3, (a) 4 and (a) 5 above, provided he
occupies
the same position with the acquired organization, if so ordered by the Director after a review of
the
hiring and personnel practices of the organization indicates such provisions would be either
impractical or unnecessary.
1. When using this provision the Director shall notify the Commission of his intention to apply
it
and, after using it, shall file a written report explaining the reasons therefor.
2. The Director may still require certain employees to meet the requirements of (a) 4 and (a)
5.
3. An employee acquired under this provision, except for those acquired under subsection (c) 2
above, will be considered to possess the minimum qualifications of the job in which
acquired.
(d) An employee who enters the State classified service in accordance with this Rule shall have
his
pay established in accordance with Rule 6.17.
(e) An employee who enters the State classified service in accordance with this Rule shall have
his
leave credits determined as follows:
1. An employee who is employed as a classified employee of a governmental jurisdiction subject
to
a civil service article, statute or ordinance shall have his annual and sick leave credits assumed by
his
acquiring agency; provided that only the amount of leave earned minus the amount taken, during
the
first year of the appointment authorized by the Director or Commission, may be paid upon
separation
in that year, except for separations caused by a layoff, medical disability, death or retirement.
Upon
entering the State classified service, he shall earn and be credited with leave benefits as provided
elsewhere in these Rules.
2. An employee of the state, so long as an official system of leave earning and use was
maintained
by the employer, shall have his leave credits determined as provided by Rule 11.19(d).
3. Any other employee who enters the State classified service in accordance with this Rule shall
be
credited for unused annual and sick leave, not to exceed 240 hours of each, which had been
earned
by and credited to the employee on the date of his appointment to the State classified service so
long
as an official system of leave earning and use was maintained by the former employer; provided
that
only the amount of leave earned minus the amount taken by the employee, during the first year of
the
appointment authorized by the Director or Commission, may be paid upon separation in that
year,
except for separations caused by a layoff, medical disability, death or retirement.
(f) Compensatory time shall not be credited above what is legally required under FLSA to the
employee.
(g) When a position brought into the classified service under this rule is title corrected, the
employee's pay shall not change, except where an adjustment to the minimum of the range is
required.
Title correction shall mean a change in the job title of a position, by Civil Service, following the
original allocation of a position for purposes of probational appointment under this rule.
(h) An employee who enters the State classified service in accordance with this Rule shall have
his
eligibility for merit increases under Rule 6.14 and leave earning determined based on the original
date
of appointment with his current or former employer and, upon appointment in the State classified
service, shall not be treated as a new employee under the provisions of Rule 6.14. However, the
Director may approve existing annual eligibility dates for all employees of an entity, acquired
under this rule, that already had a well established merit pay policy.
(i) This Rule shall not apply to any employee who is illegally hired in either the State
unclassified or
State classified service as determined by the Commission after investigation by public hearing,
or who
is hired in the State unclassified service under the provisions of Rule 4.1(d)1, or who is
voluntarily
seeking employment in the State classified service.
(j) Upon request of an appointing authority and when in its judgement sufficient and compelling
reasons to do so have been presented, the Commission may apply the provisions of this Rule to
situations not addressed herein.
(k) The Director may order an employee, who is subject to being brought into the State
classified
service under Rule 8.27, placed on a special provisional appointment as provided by this
subsection
and such appointment shall:
1. contain the same rights, privileges and status as a provisional appointment, unless otherwise
provided by this rule;
2. be provided to allow the completion of the process necessary to determine if the employee
may
remain in the classified service and what requirements of this rule, and others if applicable, will
have
to be met; and
3. expire either on probational appointment of the employee, or two years from the date the
appointment was made, or upon cancellation by the Director.