State Civil Service Commission. February 24, 2015

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1 State Civil Service Commission February 24, 2015

2 Bureau of Policy and Information Services Investigations and Information Services Veterans Preference and Certification Policy Assistance and Audit 5 th Floor, Strawberry Square Complex 320 Market Street P.O. Box 569, Harrisburg, PA

3 Investigations and Information Services Investigations (717) Political Activity (717) Employment and Education Verification Criminal History Verification Statutory Disqualifications Rejection of Job Offers Information Services (717)

4 Veterans Preference and Certifications Veterans Preference (717) Reviews and Issues Certifications (717) Amends Certifications by Authorizing the Insertion, Modification or Deletion of Eligibles from Lists Processes Civil Service Applications Received by Mail Pennsylvania Residency (717)

5 Policy Assistance and Audit Policy Assistance (717) Audits Certifications Reviews Promotion without Examination Actions Reviews Exemption, Qualifier, Emergency Status, EPR Form Revision and Re-establishment of Furlough Unit Requests

6 Department of Human Services (DHS) County Programs Section Contacts Traci Taylor, Supervisor (717) or Joyce Snyder, Human Resource Analyst Counties Adams through Mifflin (temporarily until vacancies are backfilled) (717) or Debra Carroll, Human Resource Analyst Counties Monroe through York (717) or

7 Department of Human Services (DHS) County Programs Section Contacts Department of Human Services Bureau of Human Resources, County Programs Section Room 106, Health & Welfare Building, PO Box 2675 Harrisburg, PA Fax: Resource account for completed certifications, surveys, attachments, etc.:

8 Department of Aging HR Office Interaction with AAAs Dawn Gross (717) or Job Classification Provides assistance with organizational structures Judy Gurganious (717) or Recruitment Security/Transactions Furloughs General Civil Service Policies and Procedures Diane Eshelman, Supervisor (717) or

9 Department of Aging HR Office Interaction with AAAs Department of Aging Human Resource Office 5 th Floor Forum Place Building Harrisburg, PA Fax:

10 Agenda Certification of Eligibles in the Classified Service June 27, 2014 Furlough of Classified Service Employees Not Covered by Labor Agreements May 16, 2014

11 Agenda MD580.2, Civil Service Availability Survey/Interview Notice MD580.8, Classified Service Probationary Periods MD580.10, Conducting Interviews for Classified Service Employees MD580.23, Resignation from and Reinstatement to the Classified Service MD580.30, Civil Service Leave of Absence and Return Rights MD580.34, Removal of Eligibles for Certification or Appointment in the Classified Service

12 Section 501 of the Civil Service Act Except as otherwise provided in this act, appointments of persons entering the classified service or promoted therein shall be from eligible lists established as the result of examinations given by the director to determine the relative merit of the candidates.

13 Except as Otherwise Provided in This Act Section 501(d)(3), Promotions Section 705, Transfers and Reassignments Section 706, Demotions Section 802(b), Furloughed Employees Return Rights Section 806, Reinstatements Section 807.1, Employees Granted a Leave of Absence Return Rights

14 Certification of Eligibles in the Classified Service Ensure Approval Is in Place to Fill Vacancy and the Position Is Properly Classified Dual Postings Require Different Duties Verify That No One Holds Rights to the Position Furloughed Employee

15 Department of Human Services (DHS) County Programs Section Classification Process Prior to filling a position, the county needs to ensure that they have approval to fill the position and it is appropriately classified. For a decentralized position, the county is responsible for ensuring it is appropriately classified.

16 Department of Human Services (DHS) County Programs Section Classification Process For a new centralized position, the county is responsible for submitting a Classification Action Request (CAR) package including a CAR form, signed job description and updated organizational chart to the County Programs Section PRIOR to filling the position to ensure appropriate classification. For a current centralized position that has not been reviewed by the County Programs Section within the last five years, a CAR package needs to be submitted as outlined in the bullet above. After the County Programs Section has reviewed and approved the CAR package, the county may proceed with filling the position.

17 Department of Aging AAA Classification Process Prior to filling a position, the AAA needs to ensure that there is a vacant position on the complement which has approval to be filled. If there were any changes made to the current position s job description or if you need to create a position: Send an to Dawn Gross requesting that she review the position to ensure it is classified correctly or to request a new position be added to your complement. Include an updated signed job description and an updated organizational chart. After Dawn has reviewed and approved the position, the AAA may proceed with filling the position.

18 Manual 580.2, Amended May 16, 2014 Furlough of Classified Service Employees Not Covered by Labor Agreements Seniority Definition Added Persian Gulf and War on Terrorism A Position Is Considered To Be Vacant Until It Is Officially Occupied by an Individual Furloughees Returned Using Code 70 or Code 72 Place in the Same Civil Service Status Held at the Time of Furlough

19 Manual 580.2, Amended May 16, 2014 Furlough of Classified Service Employees Not Covered by Labor Agreements New Example Letters Removing Requirement To Send by U.S. Postal Service Certified Mail Return Receipt Requested and by Regular First Class Postage Consolidated Transaction Codes Table

20 Manual 580.2, Amended May 16, 2014 Employees Who Receive Written Notification of Furlough, but Prior to the Effective Date of Furlough Voluntarily Transfer, Reassign, Promote or Demote to Another Agency Shall Lose All Placement and Reemployment Rights. Those Employees Who Are Promoted in These Circumstances and Do Not Successfully Complete the Probationary Period for the Higher-Level Job Title Shall Be Returned to the Former Agency and Immediately Furloughed Effective the Date of Return, Assuming the Circumstances That Led to the Furlough Still Exist.

21 Manual 580.2, Amended May 16, 2014 Furloughees' mandatory reemployment rights are to the same job title and appointing authority from which furloughed. Local government agencies at the county level are usually subdivided into program areas, e.g., children, youth and families; mental health/intellectual disabilities; drug and alcohol; and aging. Furloughees of program areas shall have mandatory reemployment rights to classified service vacancies in the job title and appointing authority from which furloughed, regardless of the program area. If two or more counties comprise a joinder, mandatory reemployment rights are to all counties that comprise the joinder.

22 MD580.8, Classified Service Probationary Periods Regular Civil Service Status Employee Placed in Probationary Civil Service Status as a Result of Promotion or Movement to a Trainee Job Title Absolute Right of Return for First Three Months After Three Months and for the Remainder of the Probationary Period, Employee May Return at the Discretion of the Agency If the Employee Does Not Successfully Complete the Probationary Period, Employee Must Be Returned

23 MD580.8, Classified Service Probationary Periods Probationary Periods May Not Be Reduced If Pro-Rating Hours for Non-Full-Time Positions, Overtime Hours May Be Used If a Probationary Civil Service Status Employee Takes a Leave of Absence, the Probationary Period and Right of Return Shall Be Adjusted on a Day-for-Day Basis Agency May Restart Probationary Period if Leave of Absence Exceeds 30 Consecutive Workdays

24 MD580.8, Classified Service Probationary Periods If the Probationary Period End Date Is Also the Transfer Effective Date, Provided the Employee Has Successfully Completed the Probationary Period, Losing Agency Shall Grant Regular Civil Service Status Return Right: Regular Civil Service Status County Fiscal Officer 1 Is Promoted to County Fiscal Officer 2. While in Probationary Status, Employee Is Promoted to County Fiscal Officer 3. Return Right Is to County Fiscal Officer 1.

25 Certification of Eligibles in the Classified Service Ensure the Position Is Properly Classified Verify That No One Holds Rights to the Position through Furlough Choose Which Options to Use to Fill the Position (If Covered by a Labor Agreement, the Labor Agreement May Dictate Options that Must Be Used)

26 Options for Filling with Examination Must Meet METs Must Meet PA Residency Requirements, if Applicable Must Pass an SCSC Administered Examination Indicated on SCSC Application Willing to Work in County the Position is Located (Does Not Apply to Statewide, Contiguous, District or Regional Lists) Indicated on SCSC Application Type of Employment Agency Selected When Ordering List

27 Requesting a Certification A Certification of Eligibles May Be Referred to as a Certification or as a Civil Service List Step-by-Step Process to Request a Civil Service List is on Page 14 of the Manual Things to Consider include: Type Certification, Number of Names, Type Lists and Type Appointment Codes 11, 12, 13, 14, 21, 22, 35, 37, 38 and 39

28 MD580.2, Civil Service Availability Survey/Interview Notice January 6, 2014, Modified Version of Form SCSC-98, Availability Survey/Interview Notice Released Eliminated WFD Removed Call for Interview Only One Annotation per Certification

29 MD580.34, Removal of Eligibles for Certification or Appointment in the Classified Service Objections Based on the Following: METs PA Residency Merit-Related Criteria Process Changed from Oral Argument before the Commission to an Administrative Review by the Executive Director with Eligible Able to Request an Opportunity for Oral Argument. If Removed, Eligible May Appeal Decision by Filing a Request for Hearing Before the Commission.

30 Certification with Examination Types Rule of Three applies to the following certification types: 11, 12, 13, 14, 37, 38 and 39 Definition the three highest scoring available eligibles on a certification. This may include more than three eligibles when tie scores exist with the 3 rd eligible. Veterans preference applies to the following certification types: 11, 12, 14, 21, 22, 35, 37, 38 and 39 Military Code of August 1, 1975, P.L. 233 provides for preferential treatment of soldiers and spouses of deceased or disabled veterans, provided they have passed an SCSC administered examination.

31 Certification with Examination Types Age Preference facilitates the preference in selection of eligibles 60 years of age or older and is applicable only to the Pennsylvania Department of Aging and Area Agencies on Aging for the following certification types: 11, 12, 13, 14, 35, 37, 38 and 39 If there is an available eligible with Age Preference is in the Rule of Three, either an eligible with age preference in the Rule of Three or an eligible with veterans preference, regardless of score, may be selected.

32 MD580.10, Conducting Interviews for Classified Service Positions When using a civil service list, all available eligibles within the Rule of Three must be interviewed or otherwise assessed if making a selection from that list. Exceptions: If there is a Veteran in the Rule of Three, non-veterans should not be interviewed or otherwise assessed. If the agency is only considering Veterans from that list. Department of Aging Only: If there is an eligible with age preference in the Rule of Three, non-age preference candidates should not be interviewed or otherwise assessed.

33 Certification of Eligibles in the Classified Service Supplements Used When an Agency Needs to Request Additional Names in Order to Establish a Valid Rule of Three for a Civil Service List Previously Issued Supplements Cannot Be Issued after the Expiration Date of the Original Certification Received Example on Page 33

34 Annotation Codes NCL Include copy of envelope, not actual envelope PAP Only used when eligible has been recently appointed or promoted to the same job title and type employment being filled SEP Used when the eligible no longer meets the criteria established for the certification type CNL Include copy of envelope, not actual envelope

35 Annotation Codes PO If a candidate is removed from list due to receiving three passovers, to get back on list, the agency may ask that the passovers be removed by sending an to the Commission or the candidate may retake the test if it is open and the re-test wait period is over FDA Used if a candidate fails a required drug and/or alcohol test

36 Certifications without Examination Codes 27, 28, 29, 31, 40, 60, 61, 62, 63, 64, 66, 70 and 72 Code 27 Reassignment. MD Reminder: Reassigned employees retain their status and do not have a right of return unless a regular status employee reassigns to a trainee position, in which case probationary status is assigned. Return rights are indicated in MD535.5.

37 Certifications without Examination Code 28 Involuntary Demotion Code 29 Voluntary Demotion Demoted employees retain their status and do not have a right of return unless a regular status employee demotes to a trainee position, in which case probationary status is assigned. Return rights are indicated in MD535.5.

38 Certifications without Examination Code 40 Reinstatement. MD580.23, Resignation from and Reinstatement to the Classified Service. An employee who voluntarily demotes, reassigns, promotes or transfers from a classified service position to an unclassified service position, without an approved civil service leave of absence, will be considered as resigning from the classified service effective on the date of the movement and will have no guaranteed rights of return to the classified service position.

39 MD580.23, Resignation from and Reinstatement to the Classified Service If the employee returns to the classified service through reinstatement or an employment list within one year of the action from CS to NCS, seniority will be restored. No credit is given for time while in NCS position. After one year seniority may not be restored. If the employee returns to the classified service through reinstatement or an employment list within two years of the action from CS to NCS, the agency may place the employee in probationary or regular status. If the action is greater than two years, employee will be assigned probationary status.

40 Certifications without Examination Code 60 Competitive Promotion without Examination Code 61 Promotion as a Result of Reclassification Code 62 Promotion without Examination, Collective Bargaining Agreement Code 63 Promotion as a Result of Reclassification, Collective Bargaining Agreement Code 64 Act 285 Promotion without Examination Code 66 Noncompetitive Promotion without Examination

41 Certifications without Examination Code 60 MD Used to promote a qualified regular civil service status employee, based on meritorious service and seniority, into a higher level position within a classification series or from a position that is in a logical occupational, functional or career development relationship to the higher level position. There is no blanket certification for this action.

42 Code 60 Competitive Promotion without Examination Management Directive Contents of Vacancy Notice: Job Code/Title, Work Location, Type of Employment, Salary, Work Hours, Brief Job Description, Is the Position Subject to a Collective Bargaining Agreement or Memorandum of Understanding, Recruitment Methods, Eligibility Requirements (METs, PA Residency Requirements, Have or Have Held Regular Civil Service Status in Identified Next Lower Class(es), Geographic or Program Area Restrictions, Meritorious Service and Seniority Factors, How to Apply (Final Date to Apply, Required Application Materials, Where to Send the Application Materials) and Contact Information

43 Certifications without Examination Code 62 Promotion without Examination, Collective Bargaining Agreement Used to promote a qualified regular or probationary status employee who holds contractual rights to the higher-level position. In addition to Request for Certification and Civil Service Application, submit a copy of the relevant portion of the collective bargaining agreement.

44 Blanket Certification Numbers Blanket certification numbers may be used for employment actions when a Form SCSC-1, Civil Service Application for Employment/Promotion, and a Form SCSC-90, Request for Certification, are not required.

45 Blanket Certification Numbers Used to reassign a civil service covered employee to a job title previously held or to a job title for which the employee is currently on list Used to voluntarily demote a civil service covered employee within the class series; or to a job title previously held; or to a job title for which the employee is currently on list Used to reinstate a former regular civil service status employee who resigned or otherwise left in good standing to a job title in which regular civil service status was held; or to a lower level job title within the class series in which regular civil service status was held; or to a job title for which the employee is currently on list.

46 Blanket Certification Numbers Used to promote a civil service covered employee to a job title, for which the employee is currently on list, due to the upward reclassification of his or her position Used to promote a civil service covered employee due to the upward reclassification of the position when both job titles are covered by the same collective bargaining agreement. The employee does not need to meet the minimum experience and training requirements for the higher level job, except for licensure or other legal standards, when required Used to promote an employee in a civil service covered trainee job title, who successfully completes the training program, to the working-level job title.

47 MD580.10, Conducting Interviews for Classified Service Positions May Not Discriminate Against Candidates Based on Non-Merit Factors Do Not Influence a Person to Withdraw from Position Agencies May Conduct Interviews or Otherwise Assess Relative Suitability Based on Job-Related Criteria Agencies May Not Develop and Administer Their Own Examinations

48 MD580.10, Conducting Interviews for Classified Service Positions If the Rule of Three has only one eligible, the agency has discretion as to whether or not the interview will be conducted. Candidates interviewed by an agency within six months for the same job title do not need to be re-interviewed. If on a civil service list, the candidates need to be re-surveyed to ascertain continued availability. Judging criteria should be the same.

49 MD580.10, Conducting Interviews for Classified Service Positions Agency Responsible for the Following: Developing Interview Questions That Are Job-Related Determining How Interview Will Be Conducted Determining Who Will Conduct the Interview Determining Where/When the Interview Will Take Place Determining Who Will Be Interviewed in Accordance with Civil Service Rules and Regulations and Pennsylvania Law Defending Actions in the Event of an Appeal

50 MD580.10, Conducting Interviews for Classified Service Positions If a candidate does not show up for the interview, the agency can either annotate the candidate as NR and reestablish the Rule of Three or contact the candidate to reschedule the interview. If a candidate appropriately communicates to the agency prior to the time of interview a need to reschedule, the agency should make a reasonable attempt to accommodate the candidate.

51 MD580.10, Conducting Interviews for Classified Service Positions The job-related questions prepared for the interview should be asked to each candidate. Interviewers may ask follow-up questions, ask a candidate to elaborate on a response provided or ask questions pertinent only to a specific candidate regarding information the candidate may have provided.

52 MD580.10, Conducting Interviews for Classified Service Positions Candidates interviewed but not selected should be notified by the agency of their non-selection in a timely manner. Candidates who decline bona fide job offers should do so in writing. When returning the civil service list, include a copy of the refusal with the availability survey. Agencies should retain documentation used to select a candidate in accordance with their own retention schedules. Do not forward to the SCSC unless requested to do so by an SCSC employee.

53 Delegation of Signatory Authority Advanced written notification shall be given to civil service-covered employees for personnel actions Notices shall be signed by the agency head or authorized designated subordinate Form SCSC-5280, Delegation of Signatory Authority, is to be used when an agency head delegates signatory authority

54 Thank you Questions?