W. Va. Code R. § 135-39-5 - Appointment or Promotion

5.1. Pursuant to W.Va. Code 18B-7-1(d), non-exempt classified employees who apply for and meet the minimum qualifications as determined by the institutional human resources director or other designee of the president for a posted non-exempt position within an institution and are currently employed at the institution shall be hired into the posted position prior to hiring someone from outside the institution.

5.2. If more than one qualified, non-exempt classified employee applies, the best- qualified non-exempt classified employee shall be awarded the position. In such cases, if the employees are equally qualified, the employee with the greatest amount of continuous seniority at the institution shall be awarded the position. A random selection method such as drawing of lots, rolling dice, or selection of playing cards shall be utilized if two or more employees have equal qualifications and seniority. Such method shall be mutually agreed upon by the affected employees and approved by the President or her/his designee. If the employees cannot agree on a random selection method, the President of the institution shall use the drawing of lots to determine rankings.

5.3. Provisions of this section shall not apply to casual, temporary and student employees, nor shall they apply to exempt positions.

5.4. Pursuant to W. Va. Code 18B-7-1d, the provisions of this section shall not take precedence over the mandates in an institutions affirmative action plan adopted pursuant to the provisions of Executive Order 11246 or pursuant to any other federal or state requirement. In no event shall an institutions affirmative action plan require the use of quotas to meet its affirmative action goals or require the hiring of an unqualified person for any non-exempt position.

Notes

W. Va. Code R. § 135-39-5