Wyo. Code R. 006-0010-1
Effective Date: 06/01/1994 to 01/06/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.1.06011994
Date Filed 06/01/94
Expr Date
Supr Date
Repeal Date
Document Type RULES
Section 1. Authority. These State Personnel Rules are promulgated by the Personnel Management Division, Department of Administration and Information, State of Wyoming, in accordance with W.S. 9-2-1001, 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.
Section 2. Coverage. These rules apply to all positions and employees in the Executive Branch, provided that the University of Wyoming and the positions of Governor, Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, District Attorney and Executive Director of the Community College Commission are exempt. The Governor is exempt from Chapters 2 through 6 in the appointment of agency heads. The position of Adjutant General is exempt from the State Compensation Plan (W.S. 19-2-203).
Section 3. Interpretation. The Personnel Management Division 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.
Section 4. Enforcement.
(a) The Personnel Management Division 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 applying these rules within their agency, and shall ensure that all employees comply with their provisions. 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.
(ii) Agency heads shall inform all employees of these rules.
(iii) 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 personnel representative for explanation of any rule they do not understand.
Section 5. Personnel Policies. The Personnel Management 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 appraisal, 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, or disability (except where disability is a bona fide occupational disqualification).
(b) The Personnel Management 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 State Equal Employment Opportunity Coordinator in investigating and resolving discrimination complaints.
(d) Agency heads 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 those who can assist the individual in order to insure that their rights are not violated. The State Equal Employment Opportunity Coordinator shall be contacted when an employee or applicant complains of employment discrimination.
(f) An employee or applicant alleging employment discrimination should contact the State Equal Employment Opportunity Coordinator who shall attempt to resolve the complaint. If the complaint cannot be resolved, the Coordinator shall provide a full report to the State Personnel Administrator and shall advise the individual of any other procedures available for resolution of the complaint.
(a) Policy. It is the policy of the State of Wyoming:
(i) To provide employees with a working environment free from sexual harassment;
(ii) To communicate the sexual harassment policy and reporting procedures to employees and supervisors,
and
(iii) To recognize the unique nature of complaints of sexual harassment, to encourage early reporting by employees, and to resolve complaints promptly, confidentially, and at the lowest management level possible.
(b) Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment, (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
(c) In determining whether alleged conduct constitutes sexual harassment or an intimidating, hostile, or offensive working environment exists, it is necessary to look at the record as a whole and at the totality of the circumstances and the context in which alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
(d) Employee's responsibility.
(i) An employee who believes he or she has been the target of sexual harassment may address the problem as follows:
(A) Notify the alleged harasser and request that the behavior stop immediately; or
(B) Notify the immediate supervisor or the first level supervisor who is not involved in the alleged harassment; or
(C) Non-permanent employees may notify the agency head.
(D) An employee may file a discrimination complaint with the Wyoming Department of Employment, Division of Labor or the Federal Equal Employment Opportunity Commission.
(ii) A permanent employee who believes he or she has been the target of sexual harassment may also file a formal complaint pursuant to the grievance procedure.
(iii) The employee shall assist the designated management representative in investigating and verifying the report.
(e) Management's responsibility.
(i) When management receives a report of sexual harassment, management shall promptly initiate an investigation.
(ii) The investigation shall include verification of the report, a course of action, and documentation of the action taken.
(f) Violations of policy. Substantiated violations of this policy shall result in appropriate disciplinary action in accordance with the established disciplinary procedure.
(g) Reprisals. Reprisals are prohibited against any employee who opposes a practice prohibited by this policy or has filed a charge, testified, assisted or participated in any manner in an investigation under this policy.
(h) Malicious complaints of sexual harassment shall result in disciplinary action against the accuser.
Section 8. Personnel Forms. The Personnel Management Division shall prescribe the forms and procedures for use by State agencies in matters of personnel administration.
Section 9. Employee Participation. Employees or their recognized representatives may provide comments and suggestions to the Personnel Management Division relating to personnel matters affecting their interests.
Section 10. Personnel Records.
(a) The Personnel Management Division shall have access to all agency personnel records.
(b) The Personnel Management Division shall be the custodian of all records pertaining to official personnel actions. Agency heads shall promptly provide required documentation of such actions to the Personnel Management Division.
(c) Employees shall have access to their individual agency and State personnel files upon providing proper identification. An employee representative may be given access to an employee's personnel file upon providing a release signed by the employee.
Section 11. Responsibility for Agency Functions. Agency heads shall ensure that the following functions are performed:
(a) Establishment and maintenance of internal personnel policies and procedures which do not conflict with the State rules.
(b) Establishment and maintenance of personnel records and employee files. Personnel records, including selection/interview records, shall be maintained as required by W.S. 9-2-410 and the Executive Branch Records Retention Schedules.
(c) Designation of a contact position for purposes of communicating with the Personnel Management Division.
(d) Preparation of reports and other information required by the Personnel Management Division.
Section 12. Management Rights. To insure that the State can carry out its constitutional and statutory functions there are certain matters which are solely functions of management, including the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classification; to hire, transfer, promote, demote, reappoint, suspend, discipline and dismiss employees; to assign work to employees as required by the State; to establish and change work schedules and assignments; to lay off employees for lack of work; to furlough employees without pay for lack of work or funding; to expand or diminish services; to subcontract any work or operations; to establish and change methods of operations; to determine and change work locations and the processes and materials to be employed; and to take all necessary actions to perform its functions in emergencies. Management shall have the right to conduct inquiries into matters affecting management policies and practices. Management shall ensure these functions are carried out fairly, equitably and in the best interest of the State.
Section 13. Politics.
(a) Employees shall not use official authority or influence to interfere with or influence the result of an election or nomination for office; 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; conduct any political activity on State time; or be a candidate for partisan elective office if employed in a program covered by the Federal Hatch Act.
(b) 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. 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. 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.
Section 14. Conflicts of Interest. 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. 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.
Section 15. Personal Conduct. 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.
Section 16. Dual Employment.
(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. In the case of the former, both agency heads shall first agree to the terms of the dual employment. Dual employment within State service shall have prior approval of the Personnel Management 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. No employee shall engage in outside employment or other activity which is not compatible with the efficient and proper performance of the duties of State employment, or which tends to impair capacity to perform duties and responsibilities in an acceptable manner.
Section 17. Use of State Property. 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.
Section 18. Savings Clause. 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.