W. Va. Code R. § 143-1-11 - Promotions, Demotions and Transfers

11.1. Method of Making Promotions.

11.1.a. In filling vacancies, appointing authorities shall make an effort to achieve a balance between promotion from within the service and the introduction into the service of qualified new employees. Whenever practical and in the best interest of the service, an appointing authority may fill a vacancy by promotion, after consideration of the eligible permanent classified employees in the agency or in the classified service based on demonstrated capacity and quality and length of service.

11.1.b. The Director must certify that a candidate for promotion possesses the qualifications for the position as set forth in the specifications for the class of position for which he or she is a candidate, and the appointing authority may require the candidate to qualify for the new position by a promotional competitive or non-competitive examination administered by the Director.

11.2. Promotion by Competitive Examination.

11.2.a. If it is determined by the appointing authority to fill vacancies in a particular class of position by promotion by competitive examination, the examination shall be given under the direction of the Director. To be eligible for promotion, an employee must, at the time the promotion is effective, have permanent status in the classified service and must meet the minimum qualifications as to training and experience for the class of position. A promotional competitive examination shall consist of any combination of the same objective procedures provided in subdivision 6.1.b of this rule. The combination in each case and the procedure for ranking applicants shall be determined by the Director and shall take into consideration available job information and professional practices.

11.2.b. The Director shall place the names of all employees who receive a passing grade on a promotional register for the class of position in order of their examination ratings.

11.2.c. If a promotional and an original register exist, the Director shall certify the same number of names from each register in accordance with Section 8 of this rule. The appointing authority may make his or her selection from the names submitted from either register.

11.3. Promotion by Noncompetitive Examination. -- If it is determined by the appointing authority to fill a vacancy by a non-competitive promotional examination, an employee proposed for promotion shall be examined by the Director in accordance with subsection 11.2 of this rule, and if found to qualify for the class will be certified.

11.4. Demotions. -- An appointing authority may demote an employee with or without prejudice and may demote a probationary employee as provided for in subsection 10.3 of this rule. The appointing authority shall file the reasons for the demotion and the reply, if any, with the Director. Prior to the effective date of the demotion, the appointing authority or his or her designee shall:

11.4.a. meet with the employee in a predetermination conference and advise the employee of the contemplated demotion, provided that the conference is not required when the demotion is requested by the employee, voluntarily and without duress, such as to accept a posted position for which the employee has applied;

11.4.b. give the employee oral notice confirmed in writing within three (3) working days, or written notice of the specific reason or reasons for the demotion; and,

11.4.c. give the employee a minimum of fifteen (15) days' advance notice of the demotion to allow the employee a reasonable time to reply to the demotion in writing, or upon request to appear personally and reply to the appointing authority or his or her designee. Provided, that fifteen (15) days' notice is not required when the demotion is requested by the employee, voluntarily and without duress, such as to accept a posted position for which the employee has applied.

11.5. Lateral Class Change. -- An appointing authority may move a permanent classified employee from a position in one class to a vacant position in another class in the same compensation range if the employee is found by the Director to qualify for the vacant position.

11.6. Transfers.

11.6.a. Subject to the posting requirements provided in subsection 9.5 of this rule, appointing authorities may transfer a permanent employee from a position in one organizational subdivision of an agency to a position in another organizational subdivision of the same or another agency at any time. In the case of inter-agency transfers, an appointing authority shall transfer all hours of accumulated annual and sick leave and all service credit with the employee. Transfer within the classified service, without a break in service, shall not be considered a resignation.

11.6.b. Appointing authorities shall report all inter- and intra-agency transfers within a class to the Director on appropriate forms at the time of the transfer. The Director shall approve transfers to comparable classes prior to the transfers and shall require that the employees meet the minimum qualifications of the new classes.

Notes

W. Va. Code R. § 143-1-11