3807 COMPETITIVE AND NON-COMPETITIVE PLACEMENT

3807.1 Except as otherwise provided in this chapter, competitive procedures shall apply to all initial appointments to the Management Supervisory Service, and subsequent assignments and placements to positions within the Management Supervisory Service, as follows:

1. (a) Promotions;
2. (b) Temporary promotions exceeding one hundred twenty (120) days;
3. (c) Selection for a detail for more than two hundred forty (240) days to a position at a higher grade or to a position at the same grade level with known promotion potential; and
4. (d) Selection for a position, including by reassignment or demotion, with more promotion potential than the last grade held under a Management Supervisory Service competitive appointment.

3807.2 Competitive procedures shall not apply to the following actions within the Management Supervisory Service:

1. (a) The following types of Management Supervisory Service promotions:
2. (1) A promotion resulting from the upgrading of a position without significant change in the duties and responsibilities due to issuance of a new classification standard or the correction of an initial classification error;
3. (2) A promotion resulting from an employee's position being reclassified at a higher grade because of accretion of additional duties and responsibilities without planned management action;
4. (3) A career ladder promotion if the original competition for the position clearly established the career ladder; or
5. (4) A temporary promotion under this chapter for a period of one hundred twenty (120) days or less.
6. (b) An indefinite reassignment or transfer to a position of the same grade with no known promotion potential or with no greater promotion potential than the position previously held;
7. (c) A temporary reassignment for a period of one hundred twenty (120) days or less;

(d) A reassignment or demotion pursuant to section 3809 of this chapter;

(e) Consideration of a candidate not given proper consideration in a competitive promotion action; or promotion of an employee who was denied promotion as a result of other error;

(f) A detail of two hundred forty (240) days or less to a position at a higher grade or to a position with known promotion potential; and

(g) Temporary Appointments Pending the Establishment of Registers (TAPER).

3807.3 While this chapter does not include time-in-grade requirements or restrictions for promotion to or within the Management Supervisory Service (MSS) that would prevent a MSS employee from advancing to a higher grade position before serving at the lower grade for at least one (1) year, OAG must exercise discretion concerning any such promotions, and consider establishing internal controls and procedures to handle such promotions, with regard to equity and reasonableness.

3807.4 The following criteria shall be followed when considering promoting an employee to or within the Management Supervisory Service when the employee meets the qualifications requirements for the higher grade position but has served at the lower grade level for less than one (1) year. Under such circumstances, consideration shall be given to the following:

(a) The employee's total work history;

(b) The employee's education, superior academic credentials, or superior academic achievements;

(c) Any work performed by the employee that is related to the higher grade position and at a level at least commensurate (equivalent) to the higher grade position;

(d) Any negative impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on other agency Management Supervisory Service employees;

(e) The impact that an action to advance an employee who has not served at the lower grade level for at least one (1) year may have on the agency's salary structure; or

(f) Hardship, inequity, or especially meritorious cases.

3807.5 An employee's salary history (i.e., previous higher salary) shall not automatically

Office of the Attorney General Personnel

be considered as the determining factor in the employee’s promotion under the circumstances and criteria described in section 3807.4 of this section; however, it may be considered along with the criteria listed in that section.

3807.6 An employee promoted under the circumstances described in section 3807.4 of this section may be advanced more than two (2) grade levels at a time.

SOURCE: Final Rulemaking published at 69 DCR 004259 (April 29, 2022).