|
Section
4.000
Policies and Procedures Manual
Human Resources Department
4.000
HIRING
POLICIES AND PROCEDURES
The
successful operation of the Trial Court depends directly on the
abilities and contributions of each employee in the organization.
Therefore, the objective of the hiring process is to select the
most qualified individuals who can carry out their responsibilities
in a competent and professional manner.
It
is also the Trial Court's goal and intent to ensure that all candidates
for appointment and promotion are provided with equal employment
opportunity based upon their qualifications for the position without
regard to minority classification (race, color, or national origin)
sex, age (over forty), sexual orientation, marital status, religion,
disability, or Vietnam era veteran status. The Trial Court will
promote the spirit of equal employment opportunity through a positive,
continuing program of Affirmative Action.
4.100
General Requirements
A. Consistent with state law (Ch. 478, s. 328
of the Acts of 1978), only persons who are residents of the Commonwealth
of Massachusetts may serve as officers in or as employees of the
Judicial branch. This provision does not apply to those persons
serving as officers in or employees of the Judicial branch prior
to July 1, 1978, the effective date of Ch. 478, s. 328 of the Acts
of 1978.
B. An applicant, including a former employee
of the Trial Court, shall not be eligible for appointment or reinstatement
within the Trial Court if:
|
1. he/she was discharged for cause, except
when such discharge resulted from exhaustion of all leave
benefits as a result of a long-term illness or disability;
2. he/she was convicted of a felony;
3. he/she was convicted of a misdemeanor
resulting in incarceration, and the end date of such incarceration
is within the five year period immediately preceding the date
of application for employment.
|
C. Positions posted in accordance with this
section are open to the general public and Trial Court employees.
To be considered for any appointment, an applicant must meet the
minimum qualifications established for the position to which he/she
applied. The requirements for temporary employment are outlined
in section 4.700.
D. If an applicant holds or is a candidate
for any Federal, State, County, or Municipal elective office, the
appointing authority should immediately contact the Human Resources
Department to determine whether or not the circumstances would present
a conflict of interest. If a conflict of interest is determined,
the applicant would not be eligible for appointment so long as he/she
holds or is a candidate for that elective office.
E. The hiring policies and procedures of this
section may be subject to other requirements as set forth from time
to time by the Chief Justice for Administration and Management.
4.200
Recruitment and Referral
4.201 Job Posting
A.
In order for a position to be filled on a permanent basis with a
new hire, a notice of vacancy must be posted for a period of ten
working days. A notice of vacancy consists of a position description
that includes the following information:
|
1.
the opening and closing date of the posting period;
2. the starting salary for the position, which shall be step
1 of the level in which the position is classified;
3. a statement advising applicants that
Applications for Employment are available at all court locations
and that in order to be considered for the position, an Application
for Employment must be submitted; 4. the complete address
of the court location where the vacancy exists and where an
Application for Employment can be mailed; 5. the statement
"AFFIRMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER."
|
B.
To post a notice of vacancy, an appointing authority must:
1.
post a copy of the notice of vacancy in a public place(s) in
the court division which has the vacancy;
2. mail a copy of the notice of vacancy to the Human Resources
Department 48 hours prior to the opening date of the posting
period so that the notice may be posted on the Trial Court Jobs
Hot Line and other locations deemed appropriate;
3. mail a copy of the notice of vacancy to the Departmental
Administrative Office;
4. mail a copy of the notice of vacancy to the appropriate union
(if necessary). |
C.
Using the information provided in the notice of vacancy, the Human
Resources Department will automatically post the notice of vacancy
on the Jobs Hot Line. This accomplishes outreach to affirmative
action and employment resources. The Human Resources Department
will confirm the receipt of a notice of vacancy and its inclusion
on the Jobs Hot Line by sending a Confirmation Letter (Appendix
C, Form F3).
D.
With the exception of a Probation Officer vacancy, a position vacancy
may be posted on the Jobs Hot Line as soon as an employee notifies
the appointing authority in writing of his/her intention to terminate
or retire from employment, provided there are sufficient funds in
the court's or Administrative Office's budget to permit the filling
of the position.
E.
In the case of a Probation Officer, Probation Officer In Charge,
Assistant Chief Probation Officer or First Assistant Chief Probation
Officer vacancy, the following procedure must be followed prior
to posting the position:
1.
The First Justice must request approval from the Commissioner
of Probation to fill the vacant position. The Commissioner of
Probation shall base such approval on the need to fill the vacant
position. The Commissioner of Probation shall then verify with
the Administrative Office of the Trial Court that a vacant position
exists and that the Division has sufficient funds in its budget;
2. The Commissioner of Probation will notify the First Justice
of the Division that the position can be posted. The Commissioner
and First Justice shall confer regarding any special staffing
needs of the Division, including affirmative action needs. The
Chief Justice for Administration and Management and the Departmental
Chief Justice shall be notified by copy. |
F.
The position description to be used when posting a position must
be the description prepared and/or approved by the Human Resources
Department. An appointing authority may change a position description
to reflect special requirements with the prior approval of the Human
Resources Department.
G. When a position becomes vacant which has
the same position title as a previously posted and/or advertised
position in the same court or Administrative Office, the new vacancy
need not be re-posted if the effective date of appointment to the
new position will be within 270 calendar days of the closing date
of the previous posting. The appointing authority may consider the
applicants who were listed on the F4 from the previous posting and
must comply with section 4.400.
H.
Applicants for all positions must submit an Application for Employment
(Appendix C, Form F2) to which a resume may be attached. Applicants
for managerial, Probation Officer and statutory positions must submit
a resume in addition to an Application for Employment. Only the
current version of the application should be given to or accepted
from candidates for appointment. Copies of the notice of vacancy
and the Application for Employment should be made available to the
public upon request.
4.202
Newspaper Advertising
A.
In addition to placing the position on the Jobs Hot Line, an appointing
authority is encouraged to advertise the vacancy provided that sufficient
funds are available in the court's account for such advertising.
B.
When advertising a position, the appointing authority should consider
the following factors:
1.
Utilizing the local newspaper which has the best help-wanted
section;
2. Advertising in special publications for highly specialized
jobs or to reach minorities or women;
3. Advertising in Sunday editions is generally most productive,
but there is usually one other day of the week that carries
a greater volume than other weekdays and is less expensive;
4. Advertising before major holidays or on a Friday or Saturday
is seldom productive. |
C.
Newspaper advertisements should include:
1.
the specific requirements of the position;
2. the salary, which shall be step 1 of the level in which the
position is classified;
3. the closing date for the receipt of applications;
4. a statement that "Applications for Employment are available
at all court locations;"
5. the following statement: "AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
EMPLOYER;"
6. the address to which a completed application should be submitted. |
4.203
Affirmative Action Recruitment
Department
heads may have to expand their recruitment efforts by distributing
job postings to community agencies consistent with the Trial Court's
Affirmative Action Plan.
4.300
Screening of Applications
4.301 Review of Applications and Resumes
A. All applications for a position vacancy must
be reviewed against the position description to determine which
candidates meet the minimum qualifications for the position.
B. In the case of Probation Officer, Probation
Officer In Charge, Assistant Chief Probation Officer or First Assistant
Chief Probation Officer vacancies, all applications for such positions
should be forwarded to the Office of the Commissioner of Probation
for review.
C. Applications may be received in person,
through a facsimile machine, or by mail. Any applications received
after the closing date specified in a notice of vacancy may not
be considered for that vacancy.
D. Applicants who are not selected for appointment
must be notified in writing that they have not been selected for
the position. Such notice should be sent after receipt of the letter
from the Chief Justice for Administration and Management approving
the appointment of the successful candidate.
4.302
Interviewing of Applicants
A.
All applicants meeting the minimum qualifications for the position
must be interviewed, except as outlined in paragraph B. below.
B.
Where the number of applicants meeting the minimum qualifications
for the position is such that the interviewing of all would become
unduly burdensome, the following standards shall apply:
1.
The appointing authority must utilize job-related criteria to
determine the individuals who will not be selected for an interview.
2. A minimum of four applicants must be interviewed for each
position being filled. If less than four applications are received,
all applicants meeting the minimum qualifications must be interviewed.
If more than one position with the same title is being filled
at the same time, an additional four applicants must be interviewed
for each additional position.
3. Pursuant to the Trial Court's Affirmative Action Plan, all
identifiable minority candidates meeting the minimum qualifications
for the position must be interviewed unless the Affirmative
Action Officer determines that a lesser number may be interviewed.
Minority candidates may be considered among the minimum number
required to be interviewed. |
C.
Interviews must be objectively tailored to measure the applicant's
knowledge, skills and abilities for the position under consideration.
To achieve this, the appointing authority must develop a standard
set of questions designed to measure the knowledge, skills and abilities
of applicants based on the job description for the specific position.
At a minimum, each applicant should be asked these standard questions.
D. Appointing authorities must convene panels
to review applications and to interview candidates for a position
vacancy as follows:
|
1. minorities and women
should be included on the panel to the extent possible;
2. those selected
to be on the panel should be well-informed of the major responsibilities
and requirements of the position to be filled and should not
compromise the fairness of the selection process;
3. the panel should
recommend candidates to the appointing authority.
|
An appointing authority may submit a written
request to the Human Resources Department to waive this provision
due to staff shortages or size.
E.
In the case of a Probation Officer, Probation Officer In Charge,
Assistant Chief Probation Officer, or First Assistant Chief Probation
Officer vacancy, an interview committee consisting of the Commissioner
of Probation (Chair) or his/her designee, the Chief Probation Officer
of the Division, and a representative of the Chief Justice of the
Department shall interview applicants consistent with the guidelines
set forth in this section. Each candidate selected for an interview
shall be evaluated and determined to be recommended or not recommended.
A list not to exceed 8 names of recommended candidates for each
open position shall be forwarded to the First Justice.
4.303
Reference Checks
A.
Reference checks should be conducted either verbally or in writing
on the final candidate. Educational references need only be conducted
when education is a requirement for a position as specified in the
position description.
B.
Applicants must receive prior notice that reference checks may be
conducted.
C.
Questions asked during a reference check should be limited to inquiries
which are job-related and relevant to a determination of the prospective
employee's skills and abilities for the position under consideration.
D.
When negative information is reported by a reference, the source
and accuracy of the information must be considered before it is
used in making decisions about the candidate. Any basis for disqualification
must be applied uniformly to all candidates.
E.
Questions regarding an applicant's union membership or activity
must not be asked.
4.304
Nepotism
A.
It is the policy of the Trial Court that all appointments be made
solely on the basis of merit. The practice and appearance of nepotism
or favoritism in the hiring process are to be avoided.
B.
All applicants will be required to disclose the name(s) of any relative(s)
working in the Trial Court on their Application for Employment.
C.
No otherwise qualified person may be hired as an employee in or
permanently assigned to a Trial Court Division or an Administrative
Office if he/she is an immediate family member of any employee or
appointing authority within the same Trial Court Division or Administrative
Office.
D.
The supervision of an immediate family member, which includes promotion,
reappointment, reclassification, demotion, discipline, job performance
review, salary determination and day-to-day supervision, violates
the State Conflict of Interest Law, G.L. c. 268A.
4.305
Verification of Eligibility to Work in the United States
A.
The Immigration Reform and Control Act of 1986 (IRCA) prohibits
the hiring of persons not eligible to work in the United States
by imposing verification requirements on every employee hired after
November 6, 1986. This verification is accomplished through the
completion of an Employment Eligibility Verification Form (Form
I-9, Appendix C, Form F16) for every newly hired employee.
B.
At the time the appointing authority selects a candidate to propose
to the Chief Justice for Administration and Management for hire,
the appointing authority must verify employment eligibility as follows:
1.
Have the candidate complete Section I of the Form I-9. If the
candidate cannot complete the form on his/her own, or if he/she
needs the form translated, someone may assist him or her, provided
the person assisting completes the Preparer/Translator Certification
section in Section I;
2. Once Section I is completed, the appointing authority must
review the document or documents provided by the candidate establishing
both identity and employment eligibility for authenticity. Some
documents establish both identity and employment eligibility.
These documents appear in List A on the Form I-9. Other documents
establish identity alone (List B) or employment eligibility
alone (List C). If the candidate does not provide a document
from List A, he/she must produce a document from both Lists
B and C. A complete list of acceptable documents can be found
in Appendix C behind Form I-9. A candidate has three days to
supply the documents of his/her choice.
3. Applicants must produce the original of each document. The
applicant has the choice of what documents to produce. The appointing
authority may not insist on seeing particular documents.
4. Documents should reasonably appear on their face to be genuine.
If a candidate produces documentation that appears questionable,
is expired, or if the candidate is unable to produce the required
documents, the appointing authority should contact the Human
Resources Department.
5. Once the required documents are produced, the appointing
authority must complete the bottom portion of Form I-9 (including
the signature of the appointing authority) and send the completed
I-9 along with copies of the documents produced by the employee
to the Human Resources Department with the appointment documentation
required under agreement section 4.400 of this agreement Manual.
|
C.
The following employees are exempt from completing a Form I-9:
1.
Employees who have been selected for promotion or transfer;
or
2. Employees who return to work following the expiration of
an approved sick, personal, or workers' compensation leave of
absence, paid or unpaid. |
D.
IRCA prohibits discrimination in employment on the basis of an applicant's
citizenship status or national origin. In light of the fact that
documents produced for verification may indicate citizenship, national
origin and age, appointing authorities should do the following to
avoid claims of discrimination:
1.
Require completion of Form I-9 and supporting documentation
only after the applicant has been offered a position. Do not
request such documentation at the interview stage.
2. Notify the applicant that the job offer is made conditional
upon his/her completing Form I-9 and providing appropriate documentation.
|
E.
No appointment will be approved by the Chief Justice for Administration
and Management until such time as the completed Form I-9 and the
supporting documentation has been received by the Human Resources
Department.
4.306
Criminal Record Check
A.
Non Probation Officer Appointments
A
criminal record check shall be conducted on the final candidate
for appointment as a new hire to any position within the Trial Court
consistent with applicable law. In order to conduct a criminal record
check, an appointing authority must have the final candidate complete
Section I of the Consent
to Criminal Record Check form (Appendix C, Form F23). The
Form F23 with Section I completed must be forwarded by the appointing
authority to the Human Resources Department along with the other
appointment documentation required under section 4.400 of this Manual.
The Human Resources Department will coordinate the record check
with the Office of the Commissioner of Probation to ensure compliance
with section 4.100 of this Manual.
An appointing authority may not conduct a record check outside of
this procedure.
B.
Probation Officer Appointments
The Office of the Commissioner
of Probation shall conduct criminal record checks on the list of
candidates forwarded to the First Justice consistent with applicable
law. Such candidates must complete Section I of the Consent
to Criminal Record Check form (Appendix C, Form F23) and
return it to the Office of the Commissioner of Probation. The Office
of the Commissioner of Probation will conduct the record check to
ensure compliance with section 4.100 of this Manual.
The Form F23 with Sections I and II completed must be forwarded
by the Office of the Commissioner of Probation to the Human Resources
Department along with the other appointment documentation required
under section 4.400 of this Manual.
An appointing authority may not conduct a record check outside of
this procedure.
4.400
Approval Process
A.
Upon selecting a final candidate to fill a position on a permanent
basis, the appointing authority must certify compliance with the
personnel standards of this section, must certify that sufficient
funding is available in the current fiscal year budget to support
the position, and must submit the following material to the Human
Resources Department:
1.
the Appointment Documentation form (Appendix C, Form F5);
2. the Applicant Interview and Hiring Record (Appendix C, Form
F4);
3. the Applicant Flow Record (Appendix C, Form F17);
4. a copy of the application of the final candidate and the
applications of all who were interviewed and, if required, the
resume of the final candidate;
5. a copy of the notice of vacancy;
6. the Jobs Hot Line Confirmation Letter (Appendix C, Form F3);
7. the Employment Eligibility Verification Form I-9 (Appendix
C, Form F16) and supporting
documentation (new hires only);
8. the Consent to Criminal Record Check
(Appendix C, Form F23). |
B.
In the case of a Probation Officer, Probation Officer In Charge,
Assistant Chief Probation Officer, or First Assistant Probation
Officer vacancy, the First Justice shall nominate one person from
among those candidates from the list he/she received pursuant to
section 4.302(E) and shall forward the following material to the
Commissioner of Probation:
|
1.
the Appointment Documentation
form (Appendix C, Form F5);
2. the Applicant Interview and Hiring
Record (Appendix
C, Form F4);
3. a copy of the notice of vacancy;
4. the Employment Eligibility Verification
Form I-9 (Appendix C, Form F16) and supporting documentation
(new hires only);
5. the Application for Allied Service
Credit (Appendix C, Form F26);
6. a copy of the applications of the candidates who were on
the list of recommended candidates along with:
|
a.
a copy of the final candidate's birth certificate;
b. a copy of his/her degree(s);
c. three letters of recommendation, at least one of
which or a combination of which certifies that the candidate
has 1,950 hours of relevant job skills, knowledge and
professional experience that meets the following criteria:
|
1.
compensated full-time employment;
2. employment experience in the delivery of human
services, including the areas of criminal justice,
social welfare and the behavioral sciences, in
such positions as, but not limited to:
Teacher
Special Needs Teacher
School Counselor
Human Services Counselor
Probation Officer
Parole Officer
Correctional Counselor
Case Worker
Social Worker
Associate Probation Officer |
|
|
|
The
Office of the Commissioner of Probation will review the information
and determine compliance with the personnel policies and procedures.
Except for extraordinary circumstances, the Commissioner of Probation
shall recommend the nominee for employment to the Chief Justice
for Administration and Management. The Office of the Commissioner
of Probation shall forward the above material, along with the Consent
to Criminal Record Check (Appendix
C, Form F23), the Jobs Hotline Confirmation Letter (Appendix C ,
Form F3), and the Applicant Flow Record
(Appendix C, Form F17), to the Human Resources Department.
Appointments
to the position of Chief Probation Officer shall be made pursuant
to the provisions of Administrative Order No. 4, as amended. The
full text of Administrative
Order No. 4 is contained in Appendix D.
C.
The Chief Justice for Administration and Management will notify
the appointing authority in writing of the approval or disapproval
within 14 days after receipt of all required documentation. In the
case of Probation Officers, the Chief Justice for Administration
and Management shall accept or reject the recommendation put forward
by the Commissioner of Probation.
D.
A newly hired employee to a position covered by a collective bargaining
agreement will be paid at the step one rate of the level in which
the position is classified under the Classification and Wage Compensation
Plan or the applicable collective bargaining agreement unless such
collective bargaining agreement permits newly-hired employees to
be paid at a higher step. A newly-hired employee to a managerial
position may be paid at a higher than step one rate provided the
employee has served satisfactorily in a comparable position in another
branch of State service immediately prior to his/her hire in the
Trial Court. Such employee may be paid at the step that is closest
to but greater than his/her rate in the comparable position; however,
in no event shall such step exceed the maximum step of the level
in which the managerial position is classified. All other newly
hired employees to managerial positions will be paid at the step
one rate of the level in which the position is classified or the
salary established for the position by statute.
E.
No candidate for any position may commence employment until such
time as written approval is received from the Chief Justice for
Administration and Management.
4.500
Record Retention
A.
Individual Selected for Position Upon receipt of the written approval
to appoint from the Chief Justice for Administration and Management,
the appointing authority must retain as a package the following
information in the individual's personnel file:
1.
the approval letter from the Chief Justice for Administration
and Management;
2. the material submitted pursuant to section 4.400, except
the applications of unsuccessful candidates (see below). |
B.
Other Information In a separate file, the appointing authority must
retain as a package the following documentation for a period of
seven years following receipt of the letter from the Chief Justice
for Administration and Management approving an appointment:
1.
letters of references or notes based upon verbal reference checks;
2. all the applications from individuals who were not granted
an interview and any documentation which explains why such applicants
were not interviewed;
3. all the applications from individuals who were granted an
interview and any documentation which explains why the final
candidate was selected for appointment and why the other candidates
who were interviewed were not selected for appointment;
4. the standard questions that were asked in each interview
and the graded responses of each candidate;
5. letters informing applicants that they were not selected
for an interview for the position;
6. letters informing applicants who were interviewed that they
were not selected for appointment. |
4.600
Classification and Wage Compensation Plan
A.
The Plan
The
Chief Justice for Administration and Management has established
a system-wide position Classification and Wage Compensation Plan
(Plan) in which positions have corresponding job descriptions and
are evaluated and classified according to objective criteria using
a weighted factor point methodology. This methodology allows for
the evaluation of positions on the basis of such things as duties,
responsibilities, and qualifications required for each position.
Once evaluated, positions are then classified into compensation
levels with corresponding salary ranges based upon the total of
the weighted factor points. The Plan and its methodology are flexible
and can respond to the operational needs of the Trial Court. Within
this framework, positions and classification levels can be added
or adjusted.
B.
Responsibilities
Department
heads are responsible for maintaining the correct classification
of their employees at all times. Department heads are encouraged
to contact the Human Resources Department before changing an employee's
duties and responsibilities to see if an adjustment in position
classification is appropriate. Following promotions, department
heads are responsible for ensuring that the duties and responsibilities
of the promoted employee are consistent with the employee's new
position title and job description. The Human Resources Department
has the ultimate responsibility for the administration of the Plan
consistent with the policies established by the Chief Justice for
Administration and Management. The procedures of this section may
be subject to other requirements as set forth from time to time
by the Chief Justice for Administration and Management.
C.
Reclassification Procedure
Position
classification issues can be addressed in two ways. First, a agreement
department head can request that a position authorized to his/her
office be reclassified to an existing position title in a different
level or to a new title at a level to be determined by the Human
Resources Department or can request that a new position be added
(with either an existing title or a new title). Second, an employee
may request a review of his/her position classification.
Prior to submitting a reclassification request, the employee should
discuss the appropriateness of his/her position classification with
his/her agreement department head. The procedures for submitting
these types of requests are as follows:
|
1.
Department Head Requests
|
a.
Complete the Request for New Position
Form (Appendix C, Form F13).
b.
Prepare a proposed job description if the position requested
is not currently authorized within the Plan.
c.
Prepare a current organizational chart of the entire
office (i.e., Clerk's office, Register's office Probation
office, Judges's Lobby, Law Libraries, etc.). Please
include the names of the work units, employee names
with position titles, where the new position will be
assigned, and an identification of vacant positions.
d.
Forward the above material to the Human Resources Department,
and provide a copy of this material to the First Justice
of the Division, where applicable, and the Chief Justice
of the Trial Court Department.
In
the case of professional bargaining unit positions,
a copy of the above material must be forwarded to the
department head's immediate supervisor.
e.
Upon receipt of this material, the Human Resources Department
will evaluate the request based upon the standard criteria
established for the classification of all positions.
The Human Resources Department may request additional
information and/or may schedule an on-site visit to
the court in order to properly evaluate the request.
The department head will be notified in writing of the
decision on his/her request within 45 workdays of the
receipt of the request.
|
2.
Employee Requests for Review of Classification
|
a.
The employee must complete the Request
for Review of Classification Form
(Appendix C, Form F14) and forward the completed
form to his/her department head.
b.
The department head must complete the Department
Head Comments Form (Appendix C, Form F15) and
prepare a current organizational chart of the entire
office (i.e., Clerk's office, Register's office, Probation
office, Judge's Lobby, Law Libraries, etc.). The organizational
chart should include the names of the work units, employee
names and their position titles, and an identification
of vacant positions.
c.
The department head must forward the above material
to the Human Resources Department within 20 workdays
of receipt of the completed form from the employee,
and provide a copy of this material to the First Justice
of the Division, where applicable, and the Departmental
Chief Justice. The department head must also provide
the employee with a copy of the completed Form F15.
In the case of professional bargaining unit employees,
a copy of this material must be forwarded to the department
head's immediate supervisor.
d.
The Human Resources Department will evaluate the request
and determine an appropriate position classification.
In making this determination the Human Resources Department
will take into consideration the following factors:
|
1.
Whether the employee is actually performing the
duties of the position he/she is seeking through
reclassification;
2.
The need for the position the employee is seeking
through reclassification. The Human Resources
Department may request additional information
and/or may schedule an on-site visit to the court
in order to properly evaluate the request. The
agreement department head will be notified in
writing of the decision on the request within
45 work days of receipt of the request, with a
copy to the employee.
3.
Appeal Procedure (Local 6 only)
|
a.
Each employee covered by a collective bargaining
agreement with the Office and Professional
Employees International Union, Local 6 who
files a reclassification request has the
right to appeal the determination by the
Human Resources Department.
b.
To file such an appeal, the employee must
complete his/her portion of the Classification
Appeal Form
(Appendix C, Form F15A) and forward
it to his/her agreement department head
within 20 workdays of receipt of the written
notification of the decision on his/her
request for review of classification from
the Human Resources Department.
c.
The agreement department head must complete
his/her portion of the Classification
Appeal Form and return it to the
employee within 10 workdays of receipt of
the employee's portion of the form.
d.
The employee must submit the completed Classification
Appeal Form to the Human Resources
Department within 30 workdays of receipt
the written notification of the decision
on his/her request for review of classification
from the Human Resources Department.
e.
A joint labor/management committee will
review all classification appeals. For employees
of the clerical and staff bargaining unit,
the committee shall consist of 3 members
designated by the Office and Professional
Employees International Union, Local 6 and
3 members designated by the Chief Justice
for Administration and Management. For employees
of the professional bargaining unit, the
committee shall consist of an equal number
of members from the union and management.
The committee shall have access to all information
on file concerning an employee's request
for review of classification and may request
additional information in order to properly
evaluate the appeal. Each employee who files
an appeal shall also have the right to appear
before the committee. The committee shall
make a written recommendation on each appeal
to the Chief Justice for Administration
and Management within 45 workdays of receipt
of the appeal. In order to recommend overturning
the decision by the Human Resources Department,
the committee must agree by at least a majority
vote on an appropriate classification.
f.
If the Chief Justice for Administration
and Management accepts the committee's recommendation,
he/she will take the necessary steps to
implement that recommendation within 30
workdays of receipt of the recommendation.
If the Chief Justice for Administration
and Management disputes the committee's
recommendation, he/she will return the appeal
with comments to the committee within 30
workdays of receipt of the recommendation
for further review by the committee.
g.
If an appeal is returned to the committee,
the committee will reevaluate the appeal
based upon the comments received from the
Chief Justice for the Administration and
Management and may resubmit a recommendation
within 30 workdays of receipt of the comments
from the Chief Justice for Administration
and Management.
h.
If the Chief Justice for Administration
and Management accepts the committee's resubmitted
recommendation, he/she will take the necessary
steps to implement that recommendation within
30 workdays of receipt of the recommendation.
If the Chief Justice for Administration
and Management continues to dispute the
committee's recommendation, he/she shall
deny the appeal and such action shall be
considered final.
|
|
|
|
4.700
Hiring - Temporary
The
phrase "Temporary Employment" as used in this section refers to
all employment on full-time or less than full-time basis which is
less than permanent, including summer employment, college or university
programs, employment which serves to temporarily replace an employee
who is on a leave of absence without pay, or other employment which
is for a limited period of time.
A.
Procedure:
|
1.
Temporary employment must be approved in advance by the Administrative
Office of the Trial Court. To request approval, departments
heads must submit a written request to the Human Resources
Department of the Administrative Office of the Trial Court
which contains all of the following:
|
a.
A detailed explanation of the reasons why a temporary
employee is needed. If temporarily replacing an employee
who is absent without pay, the name and title of the
absent employee, the reason for absence, and the anticipated
date of return must be included;
b.
A starting date and an ending date for the temporary
appointment. If an end date cannot immediately be determined,
the department head must explain the reason for not
being able to determine an end date;
c.
A statement of whether the temporary employment will
be full-time or less than full-time. If employment will
be less than full-time, the days and/or hours of the
temporary employee's work schedule must be included;
d.
A certification that the appointment complies with the
following agreement sections of this Manual:
1.
Section 4.100;
2. Section 4.304 (Policy Against Nepotism);
3. Section 4.305 (Eligibility of Employee To Work
In The United States); |
e.
A certification that the appointee meets the minimum
requirements for the position. The application and resume
(if available) of the appointee must be included;
f.
A certification that the appointment complies with the
Affirmative Action Plan;
g.
The Consent to Criminal Record Check (Appendix C, Form
F23).
|
2.
Upon receipt of this information, the Human Resources Department
will review it for compliance with the governing personnel
policies and procedures and to insure the availability of
sufficient funding. Once a decision has been reached on the
request, the department head will be notified in writing.
No temporary appointee may commence employment prior to the
department head receiving the written approval of the Chief
Justice for Administration and Management.
3.
Extension of Temporary Employment:
|
a.
A department head must submit a written request to extend
a temporary employee beyond the period approved by the
Chief Justice for Administration and Management. The
written request must explain the need for such an extension
and certify that there are adequate funds to cover the
extension. Such requests should be submitted at least
10 days prior to the scheduled termination date of the
temporary appointment.
b.
Upon receipt of the request to extend temporary employment,
the Human Resources Department will review the request
for compliance with this procedure and for the availability
of sufficient funding. Once a decision has been made
on the extension request, the department head will be
notified in writing. No temporary employee may be extended
for an additional period without the prior written approval
of the Chief Justice for Administration and Management.
|
|
B.
Qualifications, Salary and Benefits of All Temporary Appointees
Temporary
Employees:
|
1.
must possess the minimum qualifications for the position as
identified in the position description, regardless of the
nature of the temporary employment;
2. will receive a salary at time of hire not to exceed step
1 of the salary level for the position to which they are appointed
as provided in the applicable salary schedule in effect at
the time of appointment;
3. are eligible to receive all benefits and step increases
applicable to permanent employees in accordance with the rules
and regulations governing such benefits and step increases
with the following exceptions:
a.
temporaries may or may not be eligible for health insurance
benefits or retirement benefits, in accordance with the
rules and regulations as promulgated by the Group Insurance
Commission and the State Board of Retirement, respectively;
b. temporaries may or may not be eligible for unemployment
benefits;
c. temporaries may or may not be covered by a collective
bargaining agreement
(department heads should refer to Article I of the applicable
collective bargaining agreement
, or contact the Human Resources Department regarding
the union or nonunion status of a position). If covered
by a collective bargaining agreement
, temporaries are eligible to apply for promotional opportunities
posted pursuant to agreement
section 6.000 of this Manual and to be temporarily
assigned to higher level positions. If not covered by
a collective bargaining agreement
, temporaries are not eligible to apply for promotional
opportunities posted pursuant to agreement
section 6.000 of the Manual or to be temporarily
assigned to a higher level position; The determination
of whether a temporary employee is covered by a collective
bargaining agreement
shall be made by the Human Resources Department; |
4.
who are hired on less than a full-time basis shall have their
benefits and salary prorated;
5.
who are hired as permanent employees with no break in service
shall be given credit for their temporary service in determining
eligibility for benefits such as vacation, and their anniversary
date for the purpose of earning step increases shall be their
original date of hire as a temporary;
6.
who are rehired as temporary or permanent employees following
a break in service shall not receive any credit for prior
service for purposes of determining salary level, step increases,
or any other benefits, and shall be treated as a new hire,
except such service may count for purposes of determining
vacation entitlement under the relevant collective bargaining
agreement or this Manual.
|
4.800
Temporary Assignment of Employees to Another Position
A.
Temporary Assignments to a Higher Level Position:
|
1.
must be made in accordance with the relevant collective bargaining
agreement and/or the provisions of this section;
2. will not be made for the purpose of filling in for an employee
who is absent due to vacation, sick leave, or compensatory
time and require the employee temporarily assigned to the
higher level position to actually perform the work of the
employee replaced for a period of more than 14 calendar days;
3. will not be made if there is no vacant, funded position;
4.
require the prior written approval of the Chief Justice for
Administration and Management.
|
B.
Approval Process:
1.
Department heads must submit a written request for approval
explaining the reasons why a temporary assignment is needed,
along with the name and present position title of the employee
who is to be temporarily assigned, the requested assignment
date, and the title and the name of the previous incumbent of
the higher level position;
2. Department heads must obtain the prior written approval of
the Chief Justice for Administration and Management before the
temporary assignment is made. No payment shall be made without
the prior written approval of the Chief Justice for Administration
and Management. |
C.
Employees Temporarily Assigned to a Higher Level Position:
1.
must be permanent employees or employees covered by a collective
bargaining agreement ;
2. must possess the minimum qualifications for the higher level
position as identified in the position description regardless
of the nature of the temporary assignment;
3. will receive a salary determined in accordance with the rules
and regulations governing promotions;
4. who remain temporarily assigned for more than 12 continuous
months will be eligible to receive a step increase in their
temporarily assigned position;
5. who remain temporarily assigned for less than 12 months will
be eligible to receive a step increase in their permanent position
as if they had never been temporarily assigned;
6. who are permanently promoted to the position to which they
are currently temporarily assigned will receive credit for the
temporary time spent in the position for purposes of determining
eligibility for step increases;
7. will receive benefits in accordance with the rules and regulations
governing the position to which they are temporarily assigned.
|
D.
Temporary Assignments to a Lower Position:
|
1.
Process:
Department
heads must submit a written notification to the Chief Justice
for Administration and Management of the assignment explaining
the reasons why a temporary assignment has been made, along
with the name and present position title of the employee who
is temporarily assigned, the assignment date, and the title
and name of the previous incumbent of the lower level position.
2.
Employees Temporarily Assigned to a Lower Level Position:
a.
must be permanent employees; and
b. will receive salary and benefits in accordance with
the rules and regulations governing their permanent position. |
|
4.900
Voluntary Alternative Work Schedule Program For Probation Officers
See Section 17.08 of the Local 254 collective
bargaining Agreement for details.
4.901
Voluntary Alternative Work Schedules for Other Employees
|
A.
Employees may submit a request in writing to their department
head proposing they be allowed to work an alternative work
schedule. Such a request must include the proposed schedule
of work and the duration the alternative schedule will last.
B.
The agreement department head shall review the employee's
request for an alternative work schedule and determine whether
it meets the operational needs of the court. If approved,
the department head shall notify the First Justice of the
Division, the Departmental Chief Justice, and the Human Resources
Department in writing. If not approved, the agreement department
head shall notify the employee in writing.
|
Back
to the Top of the Page
Back
to the Table of Contents
|
