Wyo. Code R. 006-0010-6
Effective Date: 09/01/2009 to 01/28/2015
Rule Type: Repealed Rules & Regulations
Reference Number: 006.0010.6.09012009
(a) Unless otherwise specified by the Human Resources Division, the candidate group shall consist of all those eligible applicants from among whom final selection consideration, for appointment to a specific position vacancy at a specific point in time, may be given.
(b) Appointing authorities shall request approval of candidates for consideration from the authorized recruitment. The Human Resources Division shall provide to the appointing authority the names and applications of the approved candidates.
(c) The Human Resources Division may limit the number of applicants when it is useful and expedient for the class based on random selection, number of previous referrals, or any other job-related reason.
(a) Minimum Qualifications.
(i) Except for emergency appointments, no individual shall be appointed who has not been approved by the Human Resources Division as having met the minimum qualifications and who has not passed any required examination.
(ii) No appointment shall be made unless it has been determined that the individual is able to perform the essential functions of the job, with or without reasonable accommodation and has an acceptable record of previous job performance.
(b) Age. No person under 16 years of age may be appointed. No person between 16 and 18 years of age may be appointed in an occupation defined as hazardous by the 'Federal Fair Labor Standards Act of 1938,' as amended 29 U.S.C. 201 et seq., also known as the Act.
(c) State employees (and persons contracted to perform services for the State) who have access to minors or to persons who are frail, elderly or suffering mental illness or developmental disabilities shall be required to submit to fingerprinting for the purpose of obtaining State or national criminal history record information before employment or continued employment.
(a) Prior to making a commitment to hire, the appointing authority shall be responsible for determining that the following conditions are met:
(i) A person recommended for probationary, promotional, voluntary reappointment, temporary or intermittent appointment is in the candidate group;
(ii) The appointment would not conflict with the rule on employment of relatives, Section 14 of this chapter;
(iii) All legal requirements pertaining to the class have been met; and
(iv) The individual is able to perform the essential functions of the job, with or without reasonable accommodation and has an acceptable record of previous job performance.
(b) The appointing authority shall notify all candidates that applied for the specific position vacancy announcement regarding the final status of the recruitment.
(a) Veterans' Preference upon initial appointment shall be In accordance with W.S. 19-14-102 et. seq..
An appointment of a candidate to a position in a class to serve a probationary period. All probationary appointments shall be made from the applicant pool and in the candidate group.
| A probationary employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time during the probationary period without cause or reason. |
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A promotion of an employee having permanent or probationary status to a position in a different classification having a higher grade than the previous grade. All promotional appointments shall be made from among permanent and probationary employees and from the appropriate applicant pool and in the candidate group.
Applicants not in the applicant pool may be appointed when an emergency threatening public health, safety or welfare exists requiring the immediate employment of additional workers. Emergency appointments shall require the prior verbal approval of the Human Resources Division, except for emergencies occurring at night, or on weekends or holidays in which case such appointments shall be reported to the Human Resources Division on the following work day. Emergency appointments shall not exceed thirty (30) days. Application forms of persons given emergency appointments shall be provided to the Human Resources Division as soon as practical.
An emergency employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
(a) Temporary appointments shall be made from among applicants in the applicant pool and in the candidate group. Temporary appointments shall not continue for more than nine (9) months without approval of the Human Resources Division, except for:
A temporary employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
(i) A temporary appointment made to a position which is held by an employee on educational or other extended leave.
(ii) A temporary appointment made to a time-limited position.
(b) Persons given temporary appointments may be given subsequent probationary appointments only if included in the candidate group at that time and if, after other available candidates have been considered, it is determined that the person is the most qualified from among those given final selection consideration. The same position shall not be filled by immediately successive temporary appointments of the same individual.
(a) An at-will appointment may be statutorily required or it may be requested by an agency head with appropriate written justification to and prior written approval of the Human Resource Administrator.
An at-will employee has no expectation of continued employment and may be dismissed at any time without cause or reason.
(b) Employees given an at-will appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
(i) Employees given an at-will appointment shall not be governed under the provisions of Chapter 11 and Chapter 12 of these State Personnel Rules.
Upon completion of the probationary period, the appointing authority shall permanently appoint a probationary employee. Permanent appointments shall be made effective on the next day following completion of three hundred and sixty five (365) days of service from the date the employee was given a probationary appointment. This appointment shall be documented on the Performance Appraisal Report in accordance with Chapter 14 section 5.
The temporary employment of students on intern programs shall require the submission of an application. Student interns may be given subsequent probationary appointments if included in the candidate group at that time.
Appointments to intermittent status to perform work in a class for varying time intervals, shall be made from among applicants in the applicant pool and in the candidate group. Employees shall not perform intermittent work for a total of more than nine (9) months full-time equivalent service. Employees may be given subsequent probationary appointments if determined to be the most qualified from among other available candidates given final selection consideration.
An intermittent employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
(a) Involuntary Reappointment. An agency head, in consultation with the Attorney General's Office, may involuntarily reappoint a permanent or probationary employee, not in the applicant pool, to a different position in a different class having the same or lower grade than the employee's current class because of a reduction in force, unsatisfactory work performance or other demonstrated reasons affecting the accomplishment of program goals. Prior to a reduction in force, involuntary reappointments may be made between agencies if both agency heads agree. The agency head shall ensure that the employee meets the minimum qualifications for the new classification with written approval from the Human Resources Division. The Human Resources Division may require information or administer examinations as necessary to determine the qualification status of the employee.
(b) Voluntary Reappointment. Reappointment of a permanent or probationary employee voluntarily seeking an appointment to a position in a different class having the same or lower grade than the employee's current class. Voluntary reappointments shall be made from among applicants in the applicant pool and in the candidate group.
(c) Same Class Reappointment.
(i) A same class reappointment of a permanent or probationary employee appointed to a vacant position within the same classification as the employee's current position shall meet the specific minimum qualifications and shall be made from among applicants on the appropriate register and in the candidate group.
(ii) Interagency same class reappointments shall require the prior approval of both agency heads.
(a) Agency heads may approve hiring a person who is a spouse, parent, stepparent, parent-in-law, child, stepchild, child-in-law, sibling, half-sibling, step-sibling, or sibling-in-law of any current employee in that agency.
(b) Employee Marriage. If two present employees of the same agency marry each other, they may both be allowed to continue employment in that agency with the approval of the agency head and prior written notification to the Human Resources Administrator.
(c) An agency head shall ensure employees related to each other do not directly supervise a relative and do not have any fiduciary authority over the relative.
(a) All employees, citizens and non-citizens, hired after November 6, 1986, and working in the United States must complete Form I-9, Employment Eligibility Verification. The purpose of this form is to document that each new employee hired is authorized to work in the United States. Each agency shall verify and maintain I-9 documentation according to the U.S. Citizenship and Immigration Services.
(b) Agencies shall only appoint persons authorized to work in the United States.
(c) When an employee's work authorization expires, the agency must verify the employee's employment eligibility. The employee must present a document that shows either an extension of the employee's initial employment authorization or new work authorization. If the employee cannot provide proof of current work authorization, the agency may not continue to employ that person.
(d) No agency shall be a sponsor or petitioner on behalf of any temporary alien without the express written consent of the Governor or authorized representative of the Governor.
(e) No agency may contract with or permit a third party (e.g., a law firm) to petition any federal agency to change an alien's immigration status without prior consultation with the Attorney General's Office and the written approval of the Governor or the Governor's authorized representative.