Wyo. Code R. 006-0010-1
Human Resources Division
Effective Date: 01/28/2015 to Current
Rule Type: Current Rules & Regulations
Reference Number: 006.0010.1.01282015
(a) These State of Wyoming Personnel rules are promulgated by the Human Resources Division, Department of Administration and Information, State of Wyoming, in accordance with W.S. 9-2-1002, 9-2-1019, 9-2-1022, and 16-3-101 through 16-3-115. They take precedence over all personnel rules issued by any Executive Branch State Agency.
(b) Throughout these rules, Human Resources Division shall mean the Department of Administration and Information Human Resources Division.
(c) Throughout these rules, Human Resources Administrator shall mean the Department of Administration and Information Human Resources Division Administrator.
These rules apply to all positions and employees in the Executive Branch, with the exception of the University of Wyoming and the positions of Governor, Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, District Attorneys and Executive Director of the Community College Commission which are exempt from these rules. The Governor is exempt from Chapter 2 in the appointment and recruitment of agency heads. The position of Adjutant General is exempt from the State Compensation Plan (W.S. 19-7-103 (b)(ix)).
(a) The Human Resources Administrator or designee is solely responsible for providing official interpretations of these rules in cases of apparent internal conflicts between rules, or when questions arise about their application to specific situations, procedures or policies.
(b) In all cases where approval from the Human Resources Division is required, it shall mean prior written approval.
(a) The Human Resources Administrator shall ensure that these rules are enforced and applied uniformly and fairly by all Executive Branch agencies.
(b) Agency Responsibility:
(i) Agency heads are responsible for complying with and applying these rules within their agency, and shall ensure that all employees comply with their provisions;
(ii) Agency heads are responsible for the action of agency management employees to whom they have delegated, in writing, authority to act in their behalf in any or all aspects of personnel administration;
(iii) Agency heads shall inform all employees of these rules;
(iv) Agency heads shall provide all employees with reasonable access to these rules.
(c) Employees are responsible for familiarizing themselves with these rules and are expected to contact their supervisor or agency human resources representative for explanation of any rule they do not understand.
The Human Resources Division may issue written policy statements concerning interpretation or application of these rules, procedures for carrying out personnel functions, and other matters necessary for proper personnel administration. Agency heads shall distribute and comply with these statements.
(a) Equal employment opportunity shall be provided to applicants and employees in the administration of all personnel practices such as recruitment, appointment, promotion, performance evaluation, discipline, retention, training and other benefits, terms and conditions of employment in a manner which does not discriminate on the basis of race, color, creed, religion, sex, national origin, age, political affiliation, disability (except where disability is a bona fide occupational disqualification).
(b) The Human Resources Division shall provide assistance to agency heads in the administration of equal employment opportunity policy.
(c) Agency heads shall act in accordance with equal employment opportunity policy and shall cooperate fully with the Human Resources Division Equal Employment Opportunity Coordinator, the State of Wyoming's representative, in investigating and resolving discrimination complaints.
(d) Agency heads or designees are responsible for distributing and discussing equal employment opportunity policy with agency management and employees to assure understanding and consistent application.
(e) Agency heads shall provide employees and applicants alleging discrimination accessibility to the agency's designated Equal Employment Opportunity Coordinator who can assist the individual in order to insure that their rights are not violated. The Human Resources Division Equal Employment Opportunity Coordinator shall be contacted by the agency when an employee or applicant complains of employment discrimination.
(f) An employee or applicant alleging employment discrimination should contact the Human Resources Division Equal Employment Opportunity Coordinator who shall attempt to resolve the complaint.
(i) If the complaint cannot be resolved, the Coordinator shall provide a full report to the Human Resources Administrator and shall advise the individual of any other procedures available for resolution of the complaint.
(a) The State of Wyoming Anti-Discrimination Policy is set forth in Executive Order No. 2000-4.
(b) The Anti-Discrimination Policy prohibits any form of discrimination or harassment related to an individual's race, religion, color, sex, national origin, age or disability.
(c) Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy.
(d) Any employee who believes he or she has been discriminated against or harassed in violation of the Anti-Discrimination Policy should submit a complaint following the procedures set forth in the Anti-Discrimination Policy.
(e) An employee may file a discrimination complaint with the Wyoming Department of Workforce Services, Division of Labor Standards, or the Federal Equal Employment Opportunity Commission.
(a) Policy. It is the policy of the State of Wyoming to maintain a workplace free of substance abuse as set forth by Executive Order 1990-2
(b) All employees shall be given a copy of the Executive Order 1990-2 Substance Abuse Policy.
(c) Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy.
The Human Resources Division shall prescribe the forms and procedures for use by State agencies in matters of personnel administration.
Employees or their recognized representatives may provide comments and suggestions to the Human Resources Division relating to personnel matters affecting their interests.
(a) The Human Resources Division shall have access to all agency personnel records.
(b) Employees personnel records shall be maintained as determined by the Human Resources Division and in accordance with the State Personnel Records Policy.
(c) Employees shall have access to their personnel records upon providing proper identification. An employee's representative may be given access to an employee's personnel records upon providing a release signed by the employee.
(d) When an employee transfers from one agency to another agency within the Executive Branch of State Government, the employee's personnel file shall transfer to the new agency.
(i) The hiring agency shall submit a written request to the employee's current agency requesting the official transfer of the employee's personnel file after the employee has started with the new agency.
(ii) The current agency human resource office shall ensure the file is transferred to the hiring agency human resource office within ten (10) days of the hiring agency's written request either by hand delivery or certified, return receipt mail.
(a) Agency heads shall ensure that the following functions are performed:
(i) Establishment and maintenance of internal personnel policies and procedures, which do not conflict with the State of Wyoming Personnel Rules and policies;
(ii) Establishment and maintenance of employee personnel records;
(A) Personnel records, including selection/interview records, shall be maintained as required by W.S. 16-4-203(b) (ii) and W.S. 16-4-203(d)(iii) the Executive Branch Records Retention Schedules;
(iii) Designation of a contact position for purposes of communicating with the Human Resources Division;
(iv) Preparation of reports and other information required by the Human Resources Division.
(a) To insure that the State can carry out its constitutional and statutory functions there are certain matters, which are solely functions of management, including:
(i) The right to direct the work force;
(ii) To select and determine the number and types of employees required;
(iii) To determine the content of job classification;
(iv) To hire, transfer, promote, demote, reappoint, suspend, discipline, and dismiss employees;
(v) To evaluate work performance;
(vi) To authorize leave;
(vii) To assign work to employees as required by the State;
(viii) To establish and change work schedules and assignments;
(ix) To lay off employees for lack of work;
(x) To furlough employees without pay for lack of work or funding;
(xi) To expand or diminish services;
(xii) To subcontract any work or operations;
(xiii) To establish and change methods of operation;
(xiv) To determine and change work locations and the processes and materials to be employed; and
(xv) To take all necessary actions to perform its functions in emergencies.
(b) Management shall have the right to conduct inquiries into matters affecting management policies and practices.
(c) Management shall ensure these functions are carried out fairly, equitably and in the best interest of the State.
(a) Employees shall not use official authority or influence to interfere with or influence the result of an election or nomination for office.
(b) Employees shall not directly or indirectly coerce a State officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.
(c) Employees shall not conduct any political activity on State time.
(d) Employees shall not be a candidate for partisan elective office if employed in a program covered by the Federal Hatch Act.
(e) Discrimination against any person in recruitment, examination, appointment, retention, discipline or any other aspect of personnel administration because of political opinion or affiliation is prohibited:
(i) No questions shall be asked on any application, examination, or interview, which would directly or indirectly require the disclosure of a person’s political affiliation, preferences, or opinions.
(ii) Applicants and employees are prohibited from using political influence as an advantage in securing or making appointments or for other personal benefit for themselves or others in personnel matters.
(a) Employees shall not enter into any financial or other relationship with a State agency, private business, or other organization, which would constitute a conflict of interest with their State employment.
(b) Employees shall not permit themselves to be placed under any personal or other obligation, which could lead any person, group, or organization to expect official favors.
Employees shall be courteous, considerate, and impartial in dealing with and serving the public. Employees shall conduct themselves in a manner that will not bring discredit or embarrassment to the State.
(a) There shall be no conflicting hours of work when a person is employed by two (2) or more State agencies or in two (2) or more positions in the same State agency:
(i) In the case of the former, both agency heads shall first agree to the terms of the dual employment;
(ii) Dual employment within State service shall have prior approval of the Human Resources Division.
(b) An agency head may allow an employee to work for another employer so long as the employee performs satisfactorily and there is no conflict of hours:
(i) No employee shall engage in outside employment or other activity which is not compatible with the efficient and proper performance of the duties of the State employment, or which tends to impair capacity to perform duties and responsibilities in an acceptable manner.
No employee shall use or permit the use of State property for other than official activities. Employees shall protect and conserve State property, equipment, and supplies entrusted or issued to them.
If any provision of these rules or its application to any person or circumstance is held invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are severable.
(a) All Executive Branch Agencies shall maintain traditional hours of work from 8:00 a.m. to 5:00 p.m., Monday through Friday and be staffed appropriately to insure service to the public and other agencies, unless otherwise approved in writing by the Human Resources Division.
(b) Employees shall maintain a set work schedule and conduct state business from their centralized organizational work place, their regular office or from an approved remote work site using an approved Telework Memorandum of Understanding.
(c) An employee may request an alternative or variable work schedule in contrast to the traditional hours of work:
(i) The use of an alternative or variable work schedule shall be requested in writing by the agency head to the Human Resource Division for approval prior to the schedule becoming effective;
(ii) Any change to the official workweek or alternative work schedule shall be in accordance with the overtime provisions of the Fair Labor Standards Act and policies and procedures established by the Human Resource Division.