NON-PUBLIC SAFETY DELEGATION GUIDELINES FOR MUNICIPALITIES AND STATE AGENCIES

Pursuant to General Laws Chapter 31, Section 5(L) delegation authority to a City or Town may adopt some or all of the administration of specific Civil Service functions identified below:

  • The primary responsibility for administration of all delegated Civil Service functions for a city or town or state agency will be assigned to the Director of Personnel or the Human Resources Director. Reassignment of this responsibility to any other person must be submitted and approved by the Personnel Administrator, in writing, before reassignment is made.
  • Recruitment to participate in, security of, and administration and scoring of all open competitive examinations and testing processes that result in the establishment of eligible lists for specific open job titles and for promotional job titles used by your city or town.
  • Establishment and maintenance of eligible lists for all titles examined in accordance with applicable statutory preferences; and certifications from these city or town eligible list in accordance with laws, rules regulations and procedures.
  • The Delegation Administrator will be responsible for ensuring public access to those records determined to be public information. Eligible lists, certifications and reasons for selection must be made available for review to any individual upon written request. The addresses and scores must be expunged from the eligible list or certification prior to being shown or provided to the public. All information relative to standing and score is considered public information for the candidate requesting the information only. The birth date, age, marital status, telephone number and other personal data of another applicant is not considered public access. This information must not be made available and must be removed by the Delegation Administrator from any documentation undergoing public review.
  • In accordance with Personnel Administration Rule .08 (2), the Delegated Administrator must notify Human Resources Division (HRD) as to the reasons for bypass or selection. A copy of the certification, Form 16II, Form 14, selection and non-selection reasons must be submitted to the Human Resources Division for approval.
  • In accordance with PAR .08 (3), the selection and non-selection reasons must be reviewed by the Human Resources Division within fifteen days of receipt. Once HRD has approved the selection and/or non-selection reasons, the accepted information must be sent to the bypass candidates.
  • A Delegated City and Town or State Agency should request from HRD a printout of eligible lists used by them, on a quarterly basis. An eligible list may change through applicant preference and selection to other civil service communities and locations.
  • Periodic or random audits of all delegated personnel transactions may be conducted at any time by a representative from HRD. All records, ledgers, and correspondence relative to the delegated Civil Service functions shall be made readily available and accessible to the HRD Personnel Administrator and auditor. A report on audit findings will be made available to the Delegation Administrator and corrective action, if necessary, on any problems or errors found during that audit must be taken by the City and Town or State Agency within thirty (30) days from receipt of the audit report. A written report of the corrective action(s) shall be submitted to HRD.
  • It will be the responsibility of HRD to provide and explain to the Delegation Administrator any changes in Civil Service law and rule that may directly affect any of the delegated functions.
  • The assistance of HRD will be consistently available to the Delegation Administration throughout the delegation process and the HRD will provide training and technical functions as required.
  • Changes in approved procedures for the administration of delegated functions may not be made without the review and approval of both parties. The Delegation Administrator may assume no duties, which have not been authorized by this agreement or subsequent attachment.
  • The cost of all services, forms, examinations and materials provided directly by the HRD shall be assumed by the HRD unless otherwise agreed to by both parties. All other costs involved in the delegation of those functions will be the responsibility of the City or Town.
  • Any examination processing fees realized through the delegation of these functions are considered the property of the City and Town or State Agency.
  • If at any time after the delegation agreement either the City and Town or State Agency, HRD determines that delegation authority should be discontinued, reversion of the authority for all delegated functions to HRD maybe affected through thirty (30) days written notice, by registered mail, by either the City and Town or State Agency, to the Personnel Administrator.
  • It is understood that the Public Schools of a City and Town, will retain all duties, responsibilities and authorities for selection, appointment and employment of the City or Town Public Schools Civil Service Personnel. There should be a mutual agreement in the local agreement between the Delegation Administrator and the School Department officials.

DELEGATED AUTHORITY RESPONSIBILITIES

Responsibilities for issuing certifications by the cities and towns or state agencies as delegated by the Human Resources Division

  • A printout of the applicants who passed the examination for a particular job title will be sent to the Delegated Administrator.
  • A certification will be generated when a vacancy occurs. All certification and interview notices will be generated by the Director of Personnel or Delegated Administrator, which should include the Authorization of Employment Form (city and Town only) and any other forms that may be required. The interview notices will be mailed to the applicants by the Personnel Director. Eight days must be allowed for the applicants to sign the certification from the generation date.
  • A copy of the certification and the interview notice should be maintained on file until the signed completed report on certification has been returned to your office.
  • Selections for Civil Service positions must be made in accordance with Personnel Administration Rule .08 and .09.
  • A written statement of reasons for bypassing and selecting the person or persons not highest on the list shall be maintained in your office as required by MGL 31, Section 27.
  • Provisional employment must be terminated in the event that you choose not to use the certified list. An Absence and termination notice (city and town only) must be submitted indicating that the employee occupying the position has vacated the position.
  • Designated personnel will perform certification audit to ensure compliance with Chapter 31 and Personnel Administration Rules. Personnel Directors are required to submit to HRD bypass reasons for applicants higher on a certification and reasons for selection of those applicants ranked lower on the certification.
  • Once the certification has been audited, a copy of the signed certification,
    Form 16 II, Form 14 (city and town only) and any supporting documentation should be forwarded to the Human Resources Division, Civil Service Unit, One Ashburton Place, Boston, MA 02108.
  • The Human Resources Division will review the reasons submitted and approve or/disapprove the reasons within fifteen days of receipt and before the applicant begins work. A notification of our decision will be mailed to the Personnel Director.
  • The Director of Personnel will maintain complete records of the actions
    taken in connection with its activities under the delegation agreement.
    No eligible list or record made will be destroyed without the permission of
    the Human Resources Division.

HRD RESPONSIBILITY TO DELEGATED COMMUNITIES & STATE AGENCIES

  • After an examination has been held, the Human Resources Division will establish an eligible list. Notice of such established list will be processed in ELIPSYS. HRD will provide a copy of the established eligible list to the community or agency.
  • In the event that an applicant becomes eligible to be placed on a list after the date of establishment, or has a change in veterans status after the eligible list is established, HRD may opt to add or receive a Civil Service decision to add an applicant to an outstanding certification, if it exist.
  • Inquiries as to standings, requests for changes in name and address, changes in willingness to accept permanent or temporary employment and changes in preference of geographical location, if received in HRD will be referred to the communities Personnel Director and agencies Human Resources Director to process.
  • HRD will provide technical assistance as needed to assist the Personnel or Human Resources Directors for eligible lists established for job titles in their community or agencies.
  • HRD will conduct on-site audits, as needed, at the Personnel Office. The audit will include review of the dates lists were established, when subsequent certifications were issued and audit of completed certifications and appointments, to ensure all applicable laws and rules are fully complied with.
  • After completion of the site audit, the HRD auditor will prepare a detailed report of the results of such audit for the Personnel Administrator and the Personnel Director and Human Resources Director. The audit report will assess progress and recommend any corrective action necessary. The Human Resources Division reserves the right to invalidate any appointment that is not made in accordance with MGL Chapter 31 and/or the Personnel Administration Rules; it may also require immediate certification when a valid eligible list has been established.

This information provided by the Human Resources Division.