STATE OF LOUISIANA

DEPARTMENT OF STATE CIVIL SERVICE

BATON ROUGE, LOUISIANA

General Circular No. 001499

To: Heads of State Agencies and Human Resource Directors

Subject: Temporary Appointment Policy Standard Changes

Issue Date: August 26, 2002

Through this General Circular, we are reissuing all policy standards for temporary appointments (Detail to Special Duty, Job Appointment, Restricted Appointment). The policy standards contained in this General Circular supercede those issued with General Circular 1382 issued 12/23/99, and those issued with Personnel Manual Transmittal 361.

PLEASE NOTE: Certain policy standards for JOB APPOINTMENTS have changed. The policy standards for details and restricted appointments have not changed; however, we are reissuing all policy standards in one general circular since having the policy standards in one place will facilitate locating these policy standards when needed.

A brief explanation of the job appointment changes appears below, and is followed by the policy standards. In recent months, it has come to our attention that one particular aspect of the job appointment policy standards was hampering agencies by requiring excessive checking into an applicant’s employment history to determine if he/she recently served on job appointment elsewhere. Although we cannot encourage agencies or applicants to view temporary job appointments as a long-term employment option, the policy standards were NOT intended to reduce an applicant’s ability to obtain permanent OR temporary jobs, nor were the policy standards intended to hamper agencies by requiring excessive checking of an applicant’s work history.

An applicant who has served a three-year job appointment at one agency should not be hired again and again into consecutive job appointments within the same agency, unless there has been a substantial break between the appointments (usually defined as a break of at least one year).

However, under the amended policy standard, an applicant who has served a job appointment (of any duration) at one agency MAY BE HIRED BY ANOTHER AGENCY into a job appointment, up to three years, with only a short break in service. For these types of appointments, a break in service as short as one workday will be acceptable between appointments.

This change appears in Job Appointment Policy Standard #3 (see asterisk).

Please remove from your Personnel Manual the policy standards issued with Transmittal 361.

The new policy standards are also located on our web-site, under "HR Handbook", which is located under "HR Reference" on the left-hand side of our web-site. As you are probably aware, you can also locate this General Circular on our web-site.

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.

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.

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 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.

3.  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 1(b) above.)

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.  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 only three (3) reasons as acceptable justification for a job appointment. They are as 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 more than three (3) years. 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.

1. JOB APPOINTMENT WITHIN THE SAME AGENCY – An agency shall not retain an employee in job appointment status for more than three years. Further, the agency should avoid hiring an employee long-term by placing him in further a 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, particularly when there are consecutive appointments within the same agency. 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 within the same agency. For example, after a three-year 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.
2. JOB APPOINTMENT IN A DIFFERENT AGENCY - Shorter breaks are acceptable when an employee is being hired into a job appointment in a different agency than where he previously served on job appointment. For example, if an individual has served a three-year job appointment at one agency, but makes himself available for job appointment at a different agency, a break in service as short as one work day would be sufficient.

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.

1. There must be written justification, maintained at the agency, stating the reason for the restricted appointment. 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.

3.  The employee must meet the minimum qualification requirements for the job.  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 such an appointment for six months.

Sincerely,

Allen H. Reynolds

Director