Wyo. Code R. 006-0010-7
Human Resources Division
Chapter 7: Position Control
Effective Date: 12/07/2001 to 09/01/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.7.12072001
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 Human Resources 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 Human Resources Division.
(c) Preparation of Position Description Questionnaires. Position description questionnaires shall be prepared as required by the Human Resources 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.
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 Human Resources 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 Human Resources 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(a)(xii)) and (W.S. 9-2-1022(f)); or
(v) Other multiple occupancies specifically approved by the Human Resources 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 Human Resources Division.
An agency head may, upon written notification to the Human Resources Division, temporarily assign an employee of the agency to a different position. Such assignment may be made for a period not to exceed twenty four (24) months.
(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 Human Resources 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 Human Resources Division.
Section 8. At-Will Contract Employees. In accordance with the Wyoming State Statute W.S. 9-2-1022(a)(xi)(F).
(a) At-will contract employees shall receive benefits in accordance with the Wyoming State Statute W.S. 9-2-1022(a)(xi)(F).
(b) No at-will contract employees shall be eligible for or accrue any type of leave or be eligible to participate in the deferred compensation program.
(c) If the employment contract so provides, an at-will contract employee may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, or in the case of the Wyoming retirement system an at-will contract employee of a member employer may be enrolled in the system if that employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement, provided the employee pays the total premium or contribution required;
(d) If the employment contract so provides, an at-will, year-round, full-time brand inspection contract employee authorized to carry out the duties specified by W.S. 11-20-201 may be eligible for membership in the state employees' and officials' group insurance plan in accordance with W.S. 9-3-207, and the state retirement system under W.S. 9-3-412, provided the employee pays the total premium or contribution required, or the portion of the premium or contribution the employment contract directs the employee to pay and the employee's wages under the contract are reported on an Internal Revenue Service Form W-2 Wage and Tax Statement. The Wyoming livestock board shall have sole discretion to determine the amount of the total premium or contribution to be paid by the employee and the amount to be paid by the board, if any. The time limitations shall not apply to any employee under this subsection;
(e) An at-will contract shall be for a term not exceeding twenty-four (24) months subject to renewal of the contract at the end of the contract period.
(f) Nothing in these rules shall be deemed to create an expectation of continued employment after the contractual relationship has been terminated.
(g) No contract shall be entered into, nor negotiations with an individual completed, until the contract has been approved in writing by the Human Resources Division and the Attorney General.