Wyo. Code R. 006-0010-7
Effective Date: 06/01/1994 to 01/06/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.7.06011994
Section 1. Position Status. The status of each position shall be designated, on the basis of authorized funding, as one of the following types:
full-time; part-time; time-limited; or time-share.
(a) Position Description Questionnaires. Position description questionnaires shall be prepared for each position. The original position description questionnaire shall be kept on file in the Personnel Management Division; and a copy shall be retained by the agency.
(b) New Position Description Questionnaires. A new position description questionnaire shall be prepared and submitted when there are substantial and permanent changes in tasks performed by the incumbent, or when required by the Personnel Management Division.
(c) Preparation of Position Description Questionnaires. Position description questionnaires shall be prepared as required by the Personnel Management Division. No employee, other than the employee occupying a position, shall provide or alter the intent of the employee's portion of the position description questionnaire, or influence the employee's independent description.
(d) Falsification of Position Descriptions. Position incumbents, supervisors, agency heads and other employees shall be truthful and accurate in completing position description questionnaires and in providing other information relating to positions.
Section 3. Task Assignments. Agency heads have the authority and responsibility to assign tasks as necessary to accomplish the program goals of the agency. Class specifications do not prohibit the assignment of tasks not specifically listed.
(a) Positions Occupied by Employees on Leave. A position occupied by an employee on educational leave, leave without pay, or other authorized leave shall be filled only by time-limited appointments or temporary assignments, unless otherwise approved by the Personnel Management Division.
(b) Vacancies Resulting from Position Reclassification. If an occupied position is reclassified, and if the incumbent does not meet the minimum qualifications for the new classification, the employee shall not remain in the position for more than thirty (30) days after receipt of written notice from the Personnel Management Division of its determination that the employee does not meet the minimum qualifications for the new classification.
(a) Authorization and Funding. Before filling a vacancy, the agency head shall ensure that the position has been authorized by the Governor and/or Legislature and that sufficient funds exist for the position.
(b) Multiple Occupancy of Positions. No more than one (1) employee shall occupy a position at the same time except under the following conditions:
(i) Appointments or temporary assignments which are made within a reasonable period prior to or following the scheduled separation of an employee;
(ii) Temporary appointments and temporary assignments made to positions occupied by employees on authorized leave;
(iii) Positions occupied by employees who have been given time- limited appointments on a temporary or seasonal basis;
(iv) Time shared positions. Two (2) employees may voluntarily occupy one (1) position or three (3) employees may voluntarily occupy two (2) positions with the agency head's approval, providing that the total salary expenditures for those employees do not exceed the amount authorized for the position or positions (W.S. 9-2-1022(f); or
(v) Other multiple occupancies specifically approved by the Personnel Management Division.
(c) Preconditions to Appointments. No appointment shall be made to any position unless the position has been assigned a position number and has been allocated to a classification by the Personnel Management Division.
Section 6. Temporary Assignments. An agency head may, upon written notification to the Personnel Management Division, temporarily assign an employee of the agency to a different position. Such assignment may be made for a period not to exceed one hundred eighty (180) days in any calendar year, unless approved by the Personnel Management Division.
(a) Request for Tentative Position Classification. When requesting gubernatorial or legislative authorization for a new position, through the Budget Division, the agency head shall include a written request, to the Personnel Management Division, for a tentative classification of the proposed position. The agency head shall provide a position description questionnaire with the written request and indicate how the new position would affect other authorized positions.
(b) Positions Established. A new position shall be officially established when an additional position and necessary funding have been authorized by the Governor and/or the Legislature, a position number has been assigned, and the position has been classified by the Personnel Management Division.
(a) As a general rule, an individual who works under the direction of the employer, at the time and place that the employer determines, with materials and equipment to perform the tasks provided by the employer, is considered an employee for federal tax purposes. State agencies may contract for the services of employees in this category provided the following conditions are met:
(i) Funding has been approved by the legislature through the budget process.
(ii) Contract employees who are otherwise eligible shall receive the same benefits as are available to other employees, including accrual of leave, group insurance benefits, participation in the State retirement system, and coverage under worker's compensation.
(iii) The agency shall pay all applicable State and federal taxes on behalf of the contract employee.
(iv) Contracts for services shall not exceed one (1) year.
(v) Nothing in these rules shall be deemed to create an expectation of continued employment after the contractual relationship has been terminated.
(b) No contract shall be entered into, nor negotiations with an individual completed, until the contract has been approved in writing by the Personnel Management Division and the Attorney General.
(i) When requesting approval by the Personnel Management Division, the agency head shall certify, in writing, that all conditions of Section 8 (a) have been or will be met.