4.0313 Promotion-Lateral movement- Transfer- Detail -Demotion.

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The following types of in-service placement exist within the career service:

(a) Promotion.

(1) No employee shall be certified from a promotional register until he has gained permanent status; however, a probationary employee may be admitted to a promotional examination if the announcement for the position vacancy has an established closing date and if the employee has served three months of his probationary period. Employees who have not completed their original probationary period, if selected, must serve a new probationary period. Employees who are otherwise qualified will be admitted to promotional examinations if they are within 2 months of the experience required by the minimum qualifications and are assigned to a position which provides qualifying experience.

(2) A permanent employee who is promoted and who fails to satisfactorily complete the probationary period shall be given 15 calendar days written notice no earlier than 90 days after assuming the position. A copy qf this notice must be sent to the director, who will notify the employee of the date he will automatically revert to his former classification. If there are no vacancies in that class, he is placed on the reduction-in-force register. An employee who is reverted does not have the right of appeal. If an employee is unable to be placed into another position at the end of a total of 180 days, he shall be terminated.

(3) An employee who is promoted within the same pay schedule shall be given an increase in compensation which is equivalent to 2 salary steps on the grade level of the position from which promoted. If the increase of 2 steps results in a salary rate falling between 2 steps of the new grade, the employee shall be given the higher of the 2 steps.

(b) Lateral Movement.

(1) Reassignment: movement of a permanent employee from one position to another in the same or another class within the same agency with the prior approval of the director.

(2) Transfer: movement of a permanent employee from one position to another in the

same or another class between agencies with the prior approval of the director. If a transfer includes a promotion, the rules governing promotion apply. A transfer is always made in connection with a:

(A) reassignment;

(B) demotion; or

(C) promotion. All lateral movements of personnel must be approved by the director or, in the case of the Judicial Branch, the Chief Justice.

(c) Detail.

(1) Details are intended only for meeting temporary needs of the agency’s or another agency’s work program when necessary services cannot be obtained by other more desirable or practical means. Interagency details are particularly appropriate for temporary service in the performance of official government functions such as providing disaster assistance, preparation for Flag Day, or election services.

(2) Detailing employees to other kinds of positions immediately after competitive appointment tends to compromise the competitive principle and so is not permitted. Except for an emergency detail of 30 calendar days or less, an employee may not be detailed for at least 3 months after the initial appointment.

(3) Agencies are responsible for keeping details witllin the shortest practicable time limits and for making a continuing effort to secure necessary services through use of appropriate personnel actions.

(4) Details for 30 calendar days or more shall be reported on form 303 and maintained as a permanent record in official personnel folders. Details of less than 30 calendar days need not be officially documented on form 303, but should be recorded in department records.

(5) All details to higher grade positions will be confined to a maximum period of 120 days unless approved by the director, or in the case of the Judicial Branch, the Chief Justice. If management fails to initiate a form 303 to terminate the detail at the end of the stated period, the office of manpower resources shall initiate the action.

(6) Detail appointments shall be from among those employees who are interested and available to accept such appointments when there are no individuals available who meet the minimum requirements. Primary consideration should, however, be given to eligibles on the agency promotional register for the class or for a related class as determined by the director and the agency.

(7) An employee who accepts a detail for 30 calendar days or more to a higher graded position shall be paid according to the rule regarding promotion. An employee accepting a detail for less than 30 calendar days shall retain his current salary.

(8) An employee shall not achieve permanent status in the position to which he has been detailed and upon termination of the detail shall be returned to his former position.

(d) Demotion.

(1) Demotion may be disciplinary or nondisciplinary, voluntary or nonvoluntary.

(2) An employee who is demoted may not receive pay at a higher rate than he received before the demotion.

History: Rule 10-81, eff 29 Jul 81, § 3.13; and Rule 13-84, eff 19 Dec 84, § l; and Rule 5-87, eff 27 Apr 87, § 1.