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Section 6.000
Policies and Procedures Manual
Human Resources Department
6.000
STATUS CHANGE
6.100
Promotion
An internal promotion shall refer to the advancement of a currently
employed person to an open, funded position within the same Court
Division or Administrative Office having a higher level and salary
range as classified in the Classification Plan or a collective bargaining
agreement than the level and salary range in which the employee
is classified or to a position having a higher statutory salary.
6.101
Applications
A.
To be considered for promotion, an applicant must be permanently
employed in the Trial Court or be covered by a collective bargaining
agreement and meet all the
requirements established for the position to be filled.
B.
Applicants must file an Application for
Employment (Appendix
C, Form F2), to which a resume may be attached. Applicants for managerial,
Probation Officer and statutory positions must file a resume with
the Application for Employment.
C.
Applications completed by personnel who are not promoted must be
kept on file for one year.
D.
The application submitted by an employee who is subsequently promoted
will become part of his/her personnel file.
E.
Applicants who are not eligible for interviews must be notified,
and the reasons for the decision must be discussed with the applicants.
F.
Except as otherwise noted in paragraph A above, all employees within
the court or Administrative Office in which the vacancy exists may
apply for promotional opportunities (regardless of the office or
department in which they work).
6.102 Job Postings
The
position must be posted for five working days prior to the closing
date in conspicuous places in the court in which the vacancy exists.
6.103 Approval Process
Sections 4.301, 4.302, 4.303,
4.304, 4.400 and 4.500 must be adhered to in the appointment process.
In
the case of an Assistant Chief Probation Officer or First Assistant
Chief Probation Officer, sections 4.201(E), 4.301(B), 4.302(E),
and 4.400(B) must also be adhered to in the appointment process.
6.104 Salary Upon Promotion
When
an employee is promoted to a position in a higher level in the Classification
Plan or collective bargaining agreement, the employee will be placed
at the step in the level of the new position which has a salary
equal to or greater than the salary of the next step of the present
position.
6.200 Transfer
The
Chief Justice for Administration and Management may transfer an
employee in accordance with the provisions of G.L. c. 211B.
6.300 Hire by Another Division or Administrative Office
of The Trial Court
6.301 Trial Court Posting
An appointing authority may choose to post
a vacant clerical, confidential, or managerial position within the
Trial Court. The position must be posted for a period of ten working
days prior to the closing date. Such postings are to be mailed 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 Massachusetts
Judicial Branch Intranet Home Page and must also
be posted in conspicuous places in the court
with a statement that only Trial Court employees may apply.
6.302 Applications
A permanent employee of any Trial Court
Division or Administrative Office may apply for positions posted
in accordance with this section.
6.303 Approval Process
| A. |
Sections 4.100(C) and (D), 4.301, 4.302,
4.303, 4.304, 4.400 and 4.500 must be adhered to in the appointment
process.
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| B. |
The hiring of a Trial Court employee in
a new court division or Administrative Office is considered
a transfer in HR/CMS and is required to be performed by the
Human Resources Department.
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6.304 Salary Upon Hire
No employee hired in another
Division or Administrative Office will retain an employee level
which is greater than the level of the position for which he/she
is applying. (Note that these policies also apply to employees who
are appointed to a different position within the same Division or
Administrative Office.)
| A. |
An employee of one
Division who is hired by another Division or Administrative
Office is covered by the same probationary period as all new
employees.
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| B. |
An employee who is
hired by another Division or Administrative Office will be
allowed to transfer earned and accrued unused personal, vacation
and sick time subject to the maximum accumulation permitted
by the collective bargaining agreement or the Manual
for the new position provided the appropriate records are
available. The amount to be transferred shall in no case exceed
the maximum accumulation permitted by the collective bargaining
agreement or the Manual
for the former position.
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| C. |
No employee will retain
an employee level which is greater than the position to which
he/she is applying. The rates of compensation for an employee
who is hired by another Division or Administrative Office
of the Trial Court will be determined as follows (unless otherwise
specified by a collective bargaining agreement or by
statute):
| 1. |
An employee will
retain his/her present salary and anniversary date if
the new position is the same level as his/her present
position, and he/she is being paid at the level
for the position. |
| 2. |
An employee will be placed at the
step of the level for the new position which most closely
approximates but is less than his/her present salary if
the level at which he/she is presently paid is greater
than the level for the new position. |
| 3. |
An employee will be placed at the
step in the level of the new position which has a salary
equal to or greater than the salary of the next step
of the present position when the new position has a higher
level than the present position. |
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6.400 Name and Address Changes
All
changes in name or address must be reported in HR/CMS.
6.500
Statutory Designations
Upon selecting an employee for a statutory designation
(such as a Deputy Assistant Register pursuant to various provisions
of M.G.L. c. 217), an appointing authority must submit a letter
identifying the employee selected and the reasons for the employee's
selection, including an explanation of the employee's training,
education, and professional experience and how those factors compared
with other employees who were considered. Such letters are to be
submitted to the Departmental Chief Justice with a copy to the Chief
Justice for Administration and Management.
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