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Certification Delegation Information Session
Fall 2009Civil Service Unit
Human Resources Division
2
Overview of Topics
The Certification – Entry-Level Appointments
Applicants Mark & Responding to Vacancies Background Investigation, Reference Checking and
Interviews Selection and By-pass Reasons and Removal Appointment and Documenting Certification Process
Departmental Promotional Delegation
Post-Selection Audit Guidelines
3
The Certification
AA files a requisition with HRD Form 13
HRD issues names from the eligible list – this is a certification
The number of names certified is determined by the number of vacancies reported by the AA
PAR .09 formula 2(N) + 1= total names on cert Will not break a tie
4
The Certification
Order of Recalls and Appointments Reinstatement – MGL c.31 § 39
Disability Retirees
Reemployment – MGL c. 31 § 40
Roster Certifications – Departmental Reserve/Intermittent lists for entry-level hires
Open Competitive
5
The Certification
Certification mailed to AA postcards sent to all candidates from HRD
Certification process for entry-level appointments – 12 weeks Extension must be documented in writing No extension/appointments beyond eligible
list expiration/revocation
6
The CertificationSigning the Certification Candidates have 8 business days to sign the
certification Information on postcard
During sign-in period If certification not available written statement from
candidate If candidate not able to sign, a proxy may sign on
behalf i.e. power of attorney, parent, spouse
7
The CertificationCertification Order Ch. 534 decisions, Civil Service Commission Ch. 402A, children of police/firefighter died on
duty Disabled Veterans with residency preference Ch. 402B, children of police/firefighter,
permanently/totally disabled on duty Veterans with residency preference Non-Veterans with residency preference Applicants w/o residency preference
8
The Certification
Certification Order - MGL Chapter 31 § 25 To qualify for residency preference candidates
must have resided in the municipality for the entire twelve-month period immediately preceding the date of the examination.
A non-resident hired from certification has nine months after his appointment to establish his residence within such city or town or at any other place in the commonwealth that is within ten miles of the perimeter of such city or town.
9
The Certification
Roster CertificationsFilling permanent fulltime vacancies
Re-employment – roster – open competitive
Names certified by AA in order of their seniority date AA responsible to notify candidates of
vacancy
10
The Certification
Roster Certifications After three declinations/failures to respond:
Candidate no longer eligible for certification to permanent full-time positions
♦ May remain permanent Reserve/Intermittent officer under MGL Chapter 31 § 60a
♦ Employee can face termination under MGL Chapter 31 § 41 – 45
11
The Certification
Roster CertificationsProbationary Period
If the reserve or intermittent employee actually works 30 days during the first six months of employment, that employee is considered tenured
If the employee has not worked 30 days during the first six months, then the probationary period extends to eighteen months from the initial date of employment shown on the Authorization of Employment Form 14. (MGL Chapter 31, § 34).
12
Applicants’ Marks
Current provisions of Federal Consent Decree and Public Records Division preclude scores on certifications
Candidates with tie scores are identified by “Tie” and “Tie End” Candidates within the tie are listed
alphabetically
13
Applicant’s Responding
Once sign-in period has expired, review number of candidates
If number of candidates is below 2n+1 Fax signed certification to HRD Request additional names
14
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND
INTERVIEWS Results from background investigations, reference
check and interviews may be used as part of selection process Complete and accurate records to be maintained by AA
HRD does not review candidates ability to possess a gun permit (police officer candidate) nor court records for public safety positions
Use of tobacco products prohibited
15
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS
Medical Exam All medical examinations must be conducted in
accordance with the guidelines and requirements contained within the HRD Physician's Guide - Initial-Hire Medical Standards and the Regulations for Initial Medical and Physical Fitness Standards Tests for Municipal Public Safety Personnel
Examining physicians must record the results of a medical examination on the Medical Examination Form provided by HRD Pages 1 and 6
16
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS
Medical Exam con’tA candidate is allowed 1 re-examination if
he/she fails the initial examination
Failure of the medical examination twice is removal of the candidate from the selection process
17
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS
PHYSICAL ABILITIES TEST (PAT)Candidates must pass the PAT administered
by HRD for entry-level appointments1 retest is permitted if failure of PAT after a
16-week preparation period. The retest can occur prior to the end of the 16-
week period but a waiver must be signed by the candidate
Failure of the PAT twice removal of the candidate from the selection process
18
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS
Psychological Screening Used as a selection instrument when AA
has an approved psychological screening plan with HRD
Based upon results of psychologist and psychiatrist grounds for removal from selection process
19
BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS
AA utilizing medical, PAT, and psychological plans must insure that such screening is initiated only after a conditional offer of employment has been made to selected appointees, as required by MGL Chapter 151B
AA questions applicant’s right to minority, residency, or veteran’s status must notify HRD
20
Selection, Bypass and Removal
Chapter 31, § 27
NON-CONSENT DECREE COMMUNITIES
Selection reasons for candidates ranked lower on the certification
Bypass reasons for candidates ranked higher
on certification
21
Selection, Bypass and Removal
SELECTION REASONS may address: Work experience Accomplishments/Skills/Education Interview results Personal characteristics Commitment to type of work Volunteer service/Community Involvement Directly related work experience in community Other positive job-related reasons for selection
22
Selection, Bypass and Removal
BYPASS REASONS (Non-selection) may address: Results of Interview Background Information Check - Reference check, job
performance, military record, etc. Convictions of felony, misdemeanor Refusal to complete application or to comply with a
request for information Charge of felony or Misdemeanor and CWOF Departmental incident/record Medical incapacity Other negative reason that would make candidate
unsuitable for position Military candidates cannot be bypass due to their
service obligations
23
Removal of ApplicantsPAR.03
Most serious Proof of actions generally of a
criminal nature (i.e. conviction of a felony)
Candidate for removal given opportunity for a hearing
Results in removal of candidate’s name from all civil service lists
PAR.09 Less serious Appointment would be
detrimental to public interest (i.e. conviction of a non-felony, domestic violence, CWOF, etc.).
Appointing Authority must submit written statement requesting PAR .09 removal and substantiating reasons in detail.
Results in removal of candidate’s name from eligible cert list for requesting municipality, and notification to candidate.
24
Selection, Bypass and Removal
AA must notify Candidate not selected Selection reasons forwarded to all candidates
not selected Bypass and removal reasons only forwarded
to effected candidate and selection reasons of those candidates selected
Documents to be forwarded to HRD Removal of candidate PAR .03 and .09 Challenge of minority, residency and veteran
status
25
Appeal Process
Bypass/Non-selection Appeals Ch. 31 § 2(b) AA notifies bypassed candidates of their
appeal rights in writing• Candidates have sixty calendar days to file
with the Civil Service Commission• Only information utilized in selection process will
be allowed at the hearing
26
Appeal Process Legal representatives for AA’s municipal department and appellant
may appear for pre-hearing conference Motions for dismissal may be submitted Resolution under Chapter 534 of the Acts of 1976, as amended
by chapter 310 of the Acts of 1993 relief explored
Case may proceed to full hearing
Decision rendered by CSC Case dismissed Relief granted and explained in an order www.mass.gov/csc
Orders implemented by HRD and AA
27
Appointment
After AA has reviewed all documentation of selection process The Notice of Employment form should
contain the names, social security numbers, dates of birth, addresses, and effective dates of employment
The Notice of Employment form is forwarded to HRD
♦ Note: PAR .09 requires candidate performing job duties within 30 days of employment date on Notice of Employment form
28
Departmental Promotional Delegation
HRD establishes eligible list from exam
Entire eligible list is sent to AA When vacancy occurs AA generates a certification
from eligible list AA must notify all candidates on certification Certification process for departmental promotional –
3 weeks
HRD will notify AA in writing of any additional candidates added to eligible list
29
Departmental Promotional Delegation
INSUFFICIENT CANDIDATES Not enough candidates signed willing to accept
♦ Additional names certification generated♦ AA notifies “additional name” candidates of
vacancy Not enough names on the eligible list (short list)
♦ AA may chose to make a selection of those candidates on the list
♦ AA may chose to provisional promote permanent employee in next lower title
30
Departmental Promotional Delegation
Forms to be submitted to HRDAA must submit requisition to be included
in the next examination to be held Provisional promotion
Employee eligibility for Departmental Exams
Posting Certificate for Departmental Exams
31
DOCUMENTATION OF THE CERTIFICATION PROCESS
Notice of Employment form All fields are filled out signature of Appointing Authority (AA) and candidate(s) Effective employment date cannot be earlier than date candidate passes the PAT Effective employment date reflective of incumbent performing the job duties of title Forward to HRD (entry-level only)
Form 16 (Certified Lists) Signed by AA Mark on right-hand side if candidates “failed to respond”, “declined appointment”, etc.
Form 16-II Should include all candidates who signed willing to accept Must be signed by AA
Selection/Bypass Reasons Any letters of declination or withdrawal received from applicants Selection reasons as required by MGL Ch. 31, § 27 Written reasons, signed by the Appointing Authority, for the by-pass or removal of candidates willing to
accept and higher on the list than those selected Request for removal forwarded to HRD
PAT Results Copy of form or statement advising what date candidates passed
EMT Verification form
Residency Verification Form
32
POST-SELECTION AUDIT GUIDELINES
HRD conducts regular audits of all selection process steps
Requests will be made via on-site visits, phone calls, email and/or facsimile.
On-line audit, AA must provide documents within 5 business days
Concerned parties will be notified of HRD’s findings in writing
33
Website What’s available today on-line
Apply for Exams online News & Updates Civil Service Forms PAT schedule Certification Delegation Process Legal Guides & Publications Civil Service Contact List
Appointing Authority On-Line Access Email account for AA – AACivilService@MassMail.state.ma.us
User id is xxxxxxx Password is xxxxxxx
• User id and password are case sensitive
34
Civil Service ContactsHRD Main Number 617-727-3777
Fax Number 617-727-0399Email Address:
civilservice@hrd.state.ma.us
PAT@massmail.state.ma.us
35
Questions & Answers
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