Civil Service Commission

Civil Service Commission Rules Section 2

SELECTION PRACTICES

SECTION 2.1 - INTRODUCTION

The entrance (original appointment) and promotional selection system for Metropolitan Civil Service positions shall be based solely on merit principles for employment and promotion that select the most qualified person and are fair and equitable to all persons. In accordance with the Metro Charter, an employee or official of Metropolitan Government shall not give preferential treatment to any applicant or employee, or otherwise attempt to influence the selection decision based on non-job related reasons. Any recommendation for hire or promotion and decisions on who to hire or promote shall be made solely for job-related reasons and only by persons serving in an official capacity under the rules and policies of the Civil Service Commission.

It is the policy of Metropolitan Government to provide promotional opportunities whenever possible to qualified employees. Employees are encouraged to take advantage of these opportunities by continuing to strengthen their job-related qualifications and abilities through formal education, training, self-study, and by establishing a record of reliability and quality job performance. Employees shall be assured of full and fair consideration through the promotional selection process contained in these rules, policies, and procedures.

When a determination is made to fill a vacancy, the decision of who is to be selected must be made by giving required consideration to appropriate registers and lists. No Civil Service selection or appointment decision shall be made prior to announcement, examination, establishment of eligibility registers and any required interviews, except as provided elsewhere in these rules.

SECTION 2.2 - TYPES OF ELIGIBILITY REGISTERS

Open Competitive Register - this type of register is open to all applicants (including employees) who meet the minimum requirements prescribed in the classification plan and exam announcement and are U.S. citizens or legal resident aliens except where actual citizenship is a requirement.

Department Register (Promotional) - this type of register is open to all qualified Civil Service employees of the department.

Metro Register (Promotional) - this type of register is open to all Civil Service employees under the jurisdiction of the Civil Service Commission.

Probationary Civil Service employees may apply for promotional exams, if otherwise eligible, provided they meet the minimum requirements. Probationary employees may change classifications (higher, lateral, or lower) if appointed to the new position from an entrance register. The probationary period will then start over.

SECTION 2.3 - TYPES OF ELIGIBILITY LISTS

In accordance with established procedures eligible employees' names may be placed on the following types of eligibility lists. Unlike registers, qualified employees on these lists are not ranked with the exception of Preferred Re-employment lists, which are ranked by seniority. Refer to the following sections regarding lists:

Preferred Re-employment Lists: For selection purposes, Layoff Lists as established in Chapter 3, Section 3.11 J., and Disability Re-employment Lists, as established in Chapter 3, Section 3.13 B., are referred to as Preferred Re-employment Lists.

Re-employment Lists: See Chapter 3, Section 3.13 A.

Transfer Lists: See Chapter 3, Section 3.9.

SECTION 2.4 - REQUESTING EXAMS AND ANNOUNCEMENTS

Examination requests shall be made by the requesting department to the Department of Human Resources according to current Human Resources recruitment policies. Departments should consider any existing Preferred Re-employment List prior to requesting an exam announcement. The Department of Human Resources will evaluate the request and if needed will establish the appropriate register. In lieu of establishing a register the requesting department may be furnished with registers for similar classifications. The requesting department may appoint someone from the furnished registers to the classification designated for the vacant position.

Announcements may be made for a single classification or position or for groups of classifications or occupational groups. When there is to be an exam announcement the HR Department will determine what type of register is to be established and will announce the exam at the most appropriate level. In the event a promotional announcement does not yield an adequate number of candidates to make a reliable selection decision, HR can extend the announcement to the next level of register to expand the applicant pool.

The Department of Human Resources will make public announcement of Open Competitive examinations in advance of the opening date for receiving applications. Promotional announcements will made at least seven (7) calendar days in advance of the closing date for accepting applications. Both Open Competitive and Promotional announcements will be sent to operating departments for posting on official bulletin boards the location of which is to be designated in departmental rules. It shall be the responsibility of departments to post and monitor these announcements in such a manner that all employees can see and review them throughout the period designated as open for the acceptance of applications.

SECTION 2.5 - APPLICATIONS AND OPEN PERIOD FOR FILING

Applications shall be accepted during the period specified on the announcement. Announcement periods may be extended as necessary to obtain additional applicants. The Director of HR or designee may approve early or late filing if the applicant cannot file during the announced period.

Continuous/Periodic Announcements: Applications may also be accepted on a continuous, quarterly, or semi-annual basis. Promotional Registers will be updated no more often than quarterly. When the register is initially established, the announcement and any advertisements will state the periods during which applications will be accepted.

SECTION 2.6 - DISQUALIFICATION OF APPLICANTS OR REMOVAL OF APPLICANTS FROM REGISTERS AND LISTS

The Director of HR may refuse to examine or after examination may disqualify an applicant or may remove an applicant from an eligibility register or list based on reasons specified in HR Department procedures.

SECTION 2.7 - ESTABLISHING REGISTERS

Registers will be established based on the scores achieved by applicants on competitive examinations and other assessment methods prescribed in this chapter and HR examination procedures. The promotional testing policy for non-exempt positions and any subsequent changes shall be approved by the Civil Service Commission.

On a monthly basis, a list of eligibility registers established will be reported to the Civil Service Commission. An eligibility register will be sent to the Appointing Authority or designee upon request. The Appointing Authority shall make the register available to employees within the department upon request. Appointments must be made from a register that is no more than sixty (60) calendar days old as determined by the date it is generated on the computer. If past this date the Appointing Authority must request that the current register be generated.

Open Competitive and Promotional Registers may be established for a classification or for a specified position within a classification. In the latter case the announcement will specify any job related special qualifications necessary for the position.

On Open Competitive registers, if the examination process involves several components, the number of applicants advancing from one component to another may be restricted to a predetermined number of applicants or to those receiving at least an established minimum score.

A Department Register may be established by announcing an exam or may be established from an existing Metro Register or Open Competitive Register. In the latter case only the names of those employees of the department in the outstanding category on the Open

Competitive Register will be placed on the Department Register.

Scores of applicants can be transferred from one eligibility register to another on open competitive registers and on promotional eligibility registers in the same classification series without the applicant participating in the second selection process, provided the positions have similar requirements and similar selection methods were used. Transfers of scores must meet the guidelines established in HR Department procedures.

SECTION 2.8 - VETERANS PREFERENCE

Veterans with an honorable discharge from the Armed Forces of the United States will be identified on Open Competitive Registers and guaranteed an interview down to the person selected. A copy of the DD214 form must be submitted verifying the period of service and type of discharge.

SECTION 2.9 - PRIORITY ORDER IN USING ELIGIBILITY REGISTERS AND LISTS

Registers and lists shall be considered by the Appointing Authority in accordance with Section 2.10 and in the following order when making appointments.

1st Priority: Preferred Re-Employment List

2nd Priority: Metro Register, or Department Register

3rd Priority: Open Competitive Register

Re-Employment Lists and Transfer Lists may be given 2nd or 3rd priority by the Appointing Authority. However, the Appointing Authority shall document his reasons for using either list over a promotional register.

Once the Preferred Re-employment List is considered the HR Department may send all other appropriate registers and lists to the Appointing Authority upon request but they must be considered in the order specified above.

SECTION 2.10 - INTERVIEWING AND SELECTION FOR APPOINTMENT

Registers and lists will be considered in the priority order given in Section 2.9 and documented according to HR Department instructions. Candidates successfully completing the examination process will have their names placed on eligibility registers and will be considered for appointment or promotion in accordance with the following provisions.

  1. Preferred Re-employment Lists:

    When an appointment is to be made the names of employees eligible for recall from layoff and return from disability for that classification shall be sent to the Appointing Authority by the HR Department on a Preferred Re-employment List. Eligible employees will be ranked by seniority and any employees from the Appointing Authority's department will be so indicated. The Appointing Authority must offer the appointment to the most senior person from his department on the list.

    Prior to making any other appointments to the same classification, the Appointing Authority must appoint from the list any laid off employees from other departments if it is a non-exempt class, and consider employees returning from disability. If it is an exempt class, the Appointing Authority must consider employees on the list who are laid off and/or returning from disability.

  2. Department Registers and Metro Registers:
    1. Promotional Registers for TLS Classifications: TG, TL, and, TS:

      There will be a Basic Score of 10 Points:

      • 5 Experience or seniority Points (Up to 12 years)
      • 5 Performance Evaluation Points
      • 1 Point If Perfect Attendance in the previous calendar year
      • -1 Point for each disciplinary action in the last 12 months (except if the action is a suspension of one day or less)

      Additional Component for TL and TS Classifications

      • 5 Points Maximum to be added for Department Assessment Interview

    2. Promotional Registers for SR Classifications:

      This applies to Civil Service exams for SR classifications in the General Government pay-plan.

      Employees are evaluated using selection tools determined to substantially measure or reflect a representative sample of the knowledge, skills, abilities and other characteristics essential to successful job performance. These may include, but shall not be limited to the following:

      • Written Examination
      • Oral examination
      • Work sample performance
      • Education Ratings
      • *Experience Rating
      • Assessment Interviews
      • Performance Evaluation
      • Seniority
      • *(SR non-exempt and professionally exempt non-supervisory classes will include a 20% experience or seniority rating up to 12 years).

    3. Interviewing and Selection from Promotional Registers:

      Successful applicants are ranked according to score beginning with the highest scoring applicant. Promotional registers are not divided into categories. Appointments from promotional registers with ten or fewer names must be made from the three highest ranking applicants plus any applicants with a score equal to the third ranking applicant. Appointments from promotional registers with more than ten names must be made from the five highest ranking applicants plus any applicants with a score equal to the fifth ranking applicant. To insure that there is a choice of three or five names for each appointment, an applicant's relative position on the register will move up as appointments are made. Upon request from an employee the supervisor should explain their selection.

      The Appointing Authority shall notify, in writing, each employee interviewed that the selection process has been completed and the name of the individual selected. A copy of the notice must be maintained by the department making the appointment and available to the HR Department upon request. This notice must be sent within ten (10) days of the appointment.

      Selective Certification: This is a special circumstance in which an individual position or group of positions in a classification may be placed into a sub-classification because the position/s require unique or special qualifications. A selective certification is made by sending only the names of those applicants possessing the required skills. Any request for a selective certification by a department must have the prior written approval of the HR Director. Appointments are done the same as for other promotional registers except that only those possessing the special qualifications are certified to the Appointing Authority. Applicant pools will be maintained by the HR Department for certain continuous recruitment positions. Applicants will be assessed and rated based on various skills required for these positions. As announcements are requested for vacant positions, only those applicants with the skills required for the position will be referred to the requesting department. Eligibility registers will be established in accordance with Policy 2.10 C-1 and HR Department procedures.

  3. Open Competitive Registers: Applicants will be ranked according to scores beginning with the highest scoring applicant and placed in one of three categories: Outstanding, Well-Qualified, and Qualified. The categories will be established in accordance with a HR Department procedure. Appointments must be from the Outstanding category. Any Civil Service employees on the register down to the person selected must be interviewed.
SECTION 2.11 - APPOINTMENTS

When an applicant is appointed he will be assigned to an appropriate position status. These are Probationary-Civil Service, Civil Service, or Non-Civil Service. Non-Civil Service positions are further categorized as Part-time, Seasonal, Temporary, Emergency, Grant-funded and Provisional. Civil Service appointments will be made from the appropriate eligibility register or list and reported to the Civil Service Commission on a monthly basis. Appointments from Open Competitive registers must be from the outstanding category.

SECTION 2.12 - PHYSICAL EXAMINATION

Pre-employment Physical Examinations shall be conducted for Civil Service employees as required by policy of the Metro Civil Service Commission. A physician designated by the Health Department Director shall conduct such examination and certify the applicant's physical ability to do the job with or without reasonable accommodation. This shall be determined by means of a post-offer physical examination. The cost of such examination shall be borne by the Metropolitan Government.
(Administrative change 12/12/00)

SECTION 2.13 - APPLICANT REVIEWS AND APPEALS

An applicant may review his examination records if written request is filed with the HR Department. If the applicant reviews written, oral, or general performance exam questions he may not take that examination again for twelve (12) months from the date of the review unless a new examination has been developed.

An applicant may appeal his score or status if a written request is filed with the Director or Human Resources within fourteen (14) calendar days after the date of notification. If the applicant is dissatisfied after consideration and response from the Director of Human Resources, he may request that the Civil Service Commission review the decision. Such request must be filed in writing within fourteen (14) calendar days from the date of the written notification of the HR Director's decision.  Complaints concerning interviews and appointments should be addressed through the grievance procedure.

Appeals and Grievances shall be limited to questions concerning whether or not these rules and applicable procedures were properly carried out. An applicant may not appeal or address through the grievance process any minimum requirements in the job description.

The Director of HR shall make the decision on appeals of open competitive exams from applicants who are not employees

SECTION 2.14 - ABOLISHING REGISTERS

The duration of eligibility registers and lists is a minimum of six months and a maximum of three years. An expiration date may be specified in the announcement as long as it is within the time period. If an eligibility register is at least six months old, the conditions under which the register may be abolished are as follows:

  1. Exam components and/or weights for examinations will be changed.
  2. Significant changes in job descriptions (education, experience, certifications, licenses, etc.) have been made.
  3. Examinations for a classification have been significantly revised.
  4. There is an inadequate number of acceptable candidates on the register as documented by the Appointing Authority.

The decision as to whether a current register or list should be abolished will be made by the Director of HR or designee. Registers and lists abolished will be reported to the Commission at least monthly.

SECTION 2.15 - NON-CIVIL SERVICE APPOINTMENTS

Appointments to positions designated as non-Civil Service are at the discretion of the Appointing Authority. Persons appointed must meet the minimum requirements of the applicable job description. It is the responsibility of the Appointing Authority to insure the applicant meets the minimum requirements and to inform the applicant of the non-Civil Service status and the ramifications thereof. The Appointing Authority may also fill Civil Service positions on a temporary basis that meet the criteria of the position statuses defined below.

  1. Seasonal: These employees are employed for short-term peak workloads which generally occur annually. Seasonal employees shall be limited to four months of employment per calendar year. Seasonal employees are not eligible for Civil Service Commission benefits.
  2. Temporary: These employees are appointed to fill positions created by a special project or the extended leave of the employee regularly assigned to the position. This status is not to be used to fill vacant Civil Service positions except on a temporary basis. Temporary employment shall not exceed twelve (12) months from the date of employment and the Appointing Authority must stipulate the projected length of the project or extended leave at the time of employment on the employee profile document.
  3. Emergency: These employees are appointed, in the absence of an eligibility register and/or Preferred Re-employment list, to fill positions that if left vacant would have an adverse affect on government efficiency. The appointments shall not exceed six months. Emergency employees will be granted credit for Civil Service Commission benefits and increments they would have earned during their employment if they are transitioned to the classified service. An emergency appointment shall not be made when there is an existing open competitive or promotional register. This appointment shall automatically start the process of establishing an eligibility register to fill this position by Civil Service Commission appointment. An emergency employee has no guaranteed right to a Civil Service position and will be given consideration just as any other applicant.
  4. Grant funded: This status shall be used for employees in programs which are funded by federal, state, or private grants which have definite ending dates, and/or employees in non-locally funded unique programs requiring skills which are not directly transferable to other Metro jobs. These employees shall be entitled to vacation, sick leave, and other benefits as authorized and funded by their individual grants.
  5. Part-time: A part-time appointment shall be made for an employee whose regular assigned work schedule averages less than thirty two (32) hours per work week on a regular basis. Permanent part time employees may request a hearing before the Appointing Authority or his/ her designee prior to disciplinary action.
  6. Provisional: This is a status for employees appointed to certain classifications where the probationary period does not start until the employee successfully completes a training academy.
  7. Pool Workers: Persons that are drawn from a ready reserve of qualified persons such as retired or former employees, student, etc., to supplement the regular work force of civilian workers in the Police Department. Pool Workers are not regular salaried employees and are not appointed to a budgeted position. They are called to report to work when needed because of periods of peak workload, employee absences, emergencies or other short-term situations where the hiring of regular salaried employees or the use of overtime is not effective or cost efficient. Pool workers do not have regularly scheduled hours and work on average less than twenty (20) hours per week.

Once appointed to a non-Civil Service status, subsequent appointments of the employee may not be made to other non-Civil Service statuses, which circumvent the time limits prescribed.

Appointing Authorities are encouraged to use existing Civil Service registers and lists for all appointments. Persons appointed to non-Civil Service positions from an Open Competitive register may be transitioned to Civil Service in the same class at a later date without having to compete again for the appointment. Civil Service rules, policies, and procedures must have been followed and all registers and lists must have been properly documented at the time of the non-Civil Service appointment.