Wyo. Code R. 006-0010-6
Effective Date: 01/06/1998 to 12/07/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.6.01061998
(a) Unless otherwise specified by the Human Resources Division, the candidate group shall consist of all those eligibles 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 may request a referral list of candidates for final selection consideration. After receiving the request, and after recruitment, the Human Resources Division shall submit to the appointing authority the names and applications of available candidates.
(c) In cases where some eligibles can be reliably designated as being more qualified than others on the register, the Human Resources Division may limit the size of the candidate group to a designated range of scores of eligibles found to be relatively more qualified than others on the register.
(d) The Human Resources Division may limit the number of eligibles referred 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.
Prior to making a commitment to hire, the appointing authority shall be responsible for determining that the following conditions are met:
(a) A person recommended for probationary, promotional, voluntary reappointment, temporary or intermittent appointment is in the candidate group;
(b) The appointment would not conflict with the rule on employment of relatives, Section 14 of this chapter;
(c) All legal requirements pertaining to the class have been met; and
(d) 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.
After approval by the Human Resources Division, the appointing authority is responsible for contacting those who were interviewed but not hired.
Section 4. Veterans' Preference Upon Initial Appointment. From among those in the candidate group given final selection consideration upon initial appointment, who are otherwise equally qualified, the appointing authority shall give preference to all honorably discharged veterans of any war or conflict as defined in Section 101, Title 38, United States Code and the widows of veteran's during widowhood, in the following order (W.S. 19-6-102(a)) Refer to chapter 4, section 4 of the Personnel Rules for list of qualifying time periods:
(a) Disabled war veterans;
(b) Widows of disabled war veterans;
(c) War veterans;
(d) Widows of war veterans.
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.
Section 5. Probationary Appointments. An appointment of a candidate to a position in a class to serve a probationary period. All probationary appointments shall be made from among eligible on the appropriate register and in the candidate group. The appointing authority shall appoint the most qualified of those given final selection consideration.
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.
Section 6. Appointment by Promotion. A promotion of an employee having permanent or probationary status to a position in a different classification having a higher salary band minimum than the previous salary band minimum. All promotional appointments shall be made from among permanent and probationary employees on the appropriate register and in the candidate group.
Section 7. Same Class Reappointment. Employees may be appointed to a vacant position in the same class without being on the register for that class. All employees in a given class shall be considered to be in the candidate group for that class and need not be certified to be given an appointment.
Inter-agency transfers shall require the prior approval of both agency heads.
A provisional employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
Section 8. Provisional Appointments. If only three (3) or less available eligibles exist in the candidate group and recruitment has been conducted for the class within the last twelve (12) months, a provisional appointment may be made of an applicant not on the register, provided the appointing authority justifies an immediate need to fill the vacancy. Provisional appointments shall last no longer than sixty (60) days, or until thirty (30) days after an adequate register is established, whichever occurs first. Provisional appointments can be extended with approval of the Human Resources Division for a period not to exceed sixty (60) days when difficulty in recruiting is encountered. If recruitment for the class has not been conducted within the previous twelve (12) months, recruitment shall be conducted by such means and for such time periods as determined to be acceptable for the class by the Human Resources Division before the provisional appointment can be made. Provisional appointments may be made only of those persons who have filed an application and who meet minimum qualifications for the class. Persons who have been provisionally appointed may be given a subsequent probationary appointment after being placed on the register, and after other available candidates have been considered in a competitive fashion and it is determined by the appointing authority that the person provisionally appointed is the most qualified. The Human Resources Division may require additional recruitment to insure an adequate candidate group following the approval of a provisional appointment.
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.
Section 9. Emergency Appointments. Persons not on registers 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 forwarded to the Human Resources Division as soon as practical.
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.
(a) Temporary appointments shall be made from among eligibles on the appropriate register 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:
(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) Involuntary. An agency head, in consultation with the Attorney General's Office, may involuntarily reappoint a permanent or probationary employee, not on the register, to a different class having a minimum salary level less than or equal to 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. The Human Resources Division may require information or administer examinations as necessary to determine the qualification status of the employee.
(b) Voluntary. Reappointment of a permanent or probationary employee voluntarily seeking an appointment to a position in a different class having a minimum salary level less than or equal to the employee's current class. Voluntary reappointments shall be made from among eligibles on the appropriate register and in the candidate group.
(c) In-band reappointments. Reappointments of a permanent or probationary employee to a different position or classification within the same pay band as the employee's current position shall be made from among eligibles on the appropriate register and in the candidate group.
Section 12. Permanent Appointments. Upon completion of the probationary period, the appointing authority shall permanently appoint a probationary employee. The appointment shall be made in writing to the Human Resources Division and the employee. Permanent appointments shall be made effective on the next day following completion of one year of continuous service from the date the employee was given a probationary appointment.
Section 13. Appointments of Students on Intern Programs. 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, and if determined to be the most qualified from among other available candidates given final selection consideration.
(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 Governor.
Section 15. State Residency Requirement. As set forth in law all full time employees of the State of Wyoming shall become residents of and reside within the State ninety (90) days after commencing employment with the State. Persons hired to perform work on a contractual basis or any person whose duties require out-of-state residency are exempt from this requirement.
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.
Section 16. Intermittent Appointments. Appointments to intermittent status to perform work in a class for varying time intervals, shall be made from among eligibles on the appropriate register and in the candidate group. Employees shall not perform intermittent work for a total of more than nine (9) months equivalent service in any calendar year. Employees may be given subsequent probationary appointments if determined to be the most qualified from among other available candidates given final selection consideration.
(a) Every time an agency hires any person, the agency must complete an Immigration and Naturalization Service Form I-9 to verify that the person is eligible to work in the United States. Agencies must carefully follow the Immigration and Naturalization Service Handbook for Employers in completing the I-9 form.
(b) If the person hired is an alien, the appointment must be in compliance with all State and federal laws and regulations, including the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990. An alien is any person who is not a citizen or national of the United States.
(c) Agencies shall only appoint persons authorized to work, either temporarily or permanently, in the United States.
(d) 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.
(e) 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.
(f) 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.