REGULATION

1. Purpose
2. Civil Service Commission Rule Reference
3. Definitions
4. Standards
5. Procedure
   
   

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1. PURPOSE

   This regulation provides information and standards for the establishment, maintenance, and duration of applicant pools maintained by the Department of Civil Service.
   

2. CIVIL SERVICE COMMISSION RULE REFERENCE

   Rule 3-1 Examinations

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   3-1.5 Integrity of Process

   To be considered for appraisal or appointment, an applicant shall comply with the established procedures and processes.

   1. Prohibited practices. During the application, appraisal, or appointment process, a person shall not do any of the following:

Rule 3-2 Applicant Pools and Recall Lists

3-2.1 Applicant Pool

The department of civil service may establish and maintain applicant pools. The department of civil service may divide applicant pools by geographic area, organizational unit, occupational specialty, type of appointment, or other criteria. The state personnel director shall issue regulations for the duration and use of applicant pools. A person’s eligibility to remain in an applicant pool or to be referred for a position is determined under the civil service rules and regulations in effect at the time the department of civil service refers names of qualified applicants to an appointing authority.

3-2.2 Removal from Applicant Pool

The department of civil service may remove a person from an applicant pool for any one of the following reasons:

1. Appointment.
   
   
2. Separation or retirement from state service.
   
   
3. Evidence that the person is unable to perform satisfactorily, with or without reasonable accommodations, the essential duties of the job.
   
   
4. Evidence of conduct that indicates that the person is unfit or unsuitable for appointment.
   
   
5. Conduct that violates rule 3-1.5 [Integrity of Process].
   
   
6. Expiration of an applicant pool or eligibility.

3-2.3 Recall Lists

An employee is eligible to be placed on a recall list only if the employee (1) gained status from an indefinite appointment and (2) is laid off, demoted, or otherwise displaced for reasons of administrative efficiency. Recall lists are not created or maintained for classifications that are protected from the application of employment preference in rule 2-5 or applicable regulations.

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Rule 3-3 Appointments and Job Changes

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3-3.5 Lateral Job Change Between Departments

Any two appointing authorities may authorize a lateral job change for an employee between departments or autonomous entities. The employee may be moved to a different classification only if (1) the employee previously attained status in the classification, (2) the job change is based on the civil service preauthorized lateral job change list, or (3) the employee meets the civil service qualification requirements. A lateral job change between departments or autonomous entities requires the agreement of the employee and the approval of the department of civil service.

3-3.6 Lateral Job Change within a Department

An appointing authority may authorize a lateral job change for an employee within the employee’s current department or autonomous entity. The employee may be moved to a different classification only if (1) the employee previously attained status in the classification, (2) the job change is based on the civil service preauthorized lateral job change list, or (3) the employee meets the civil service qualification requirements. A lateral job change within a department or autonomous entity does not require the agreement of the employee. However, an employee may request a lateral job change.

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3-3.9 Reinstatement

A classified employee who achieved status and who is demoted or separated while in satisfactory standing is eligible for reinstatement. An appointing authority may reinstate an eligible person to (1) the classification in which the person last achieved status before the separation or demotion or (2) to a classification at the same or lower classification level for which the person is qualified. A person’s eligibility for reinstatement is limited to 3 years after separation or demotion. However, the state personnel director may extend eligibility in the regulations to meet work force needs.

3. DEFINITIONS
   
   
   1. Civil Service Commission Rule Definitions
      
      
      1. Applicant pool means a group of applicants whom the department of civil service has determined to be qualified.
         
         
      2. Appointing authority means each of the following:
         
         
         1. A single executive heading a principal department.
            
            
         2. A chief executive officer of a principal department headed by a board or commission.
            
            
         3. A person designated by either of the preceding as responsible for administering the personnel functions of the department, board, commission, or agency of convenience.
            
            
      3. Employee status code means the status assigned to an employee for the purposes of determining pay and benefits.
         
         
   2. Additional Definition as Used in This Regulation
      
      
      1. State employee applicant means any of the following individuals who are considered state employees for written, electronic, and other appraisal methods:

4. STANDARDS
   
   
   1. Placing Names in Applicant Pools Maintained by the Department of Civil Service
      
      
      1. The Department of Civil Service establishes and maintains applicant pools for selected classifications comprised of the names of qualified applicants seeking employment in the state classified service. Applicants are typically placed in these pools after passing the Department of Civil Service appraisal.
         
         
      2. An employee may request to have his or her name placed in an applicant pool maintained by the Department of Civil Service for the classification in which the employee most recently attained status in order to be considered for a lateral job change.
         
         
      3. An employee who has been demoted after having attained status is eligible for placement in an applicant pool maintained by the Department of Civil Service for the classification from which the employee was demoted.
         
         
      4. An employee who has separated or departed on a waived rights leave of absence within the last 3 years is eligible for placement in an applicant pool maintained by the Department of Civil Service for the classification in which the employee most recently attained status.
         
         
      5. Individuals who are eligible under standards A(2), A(3), or A(4), may request to have their names placed in an applicant pool by contacting the Department of Civil Service.
         
         
   2. Obtaining Names from Applicant Pools Maintained by the Department of Civil Service
      
      
      1. Applicant pools are maintained by county and employee status.
      
      
      
      2. Applicant pools remain in effect for 90 days from the date the applicant pool is created. Extensions may be approved up to two additional 30-day periods if (1) the request is made prior to the actual expiration date and (2) there are no new recall names to consider.
      
      
      
      3. In the absence of recall names, as provided in regulation 3.03, all applicants in the applicant pool are eligible for consideration by an appointing authority.
         
         
   3. Maintenance of Department of Civil Service Applicant Pools
      
      
      1. Names may be removed from an applicant pool for any of the reasons specified in rule 3-2.2, or as agreed upon by the employer and employee, such as Workers Compensation redemptions, grievance settlement agreements, etc. The appointing authority shall, in writing, notify the Department of Civil Service of any change as provided for in rule 3-2.2.
         
         
      2. It is the applicant’s responsibility to inform the Department of Civil Service of name or address changes. State employee applicants may update this information using the HRMN website or by contacting their Human Resource Office. All other applicants may do so by contacting the Department of Civil Service. Any applicant’s name may also be removed at the applicant's request.
         
         
      3. All applicants must contact the Department of Civil Service to update county or employee status availability.
         
         
   4. Duration of Applicant Pool Records Maintained by the Department of Civil Service
      
      
      1. State employee applicants who pass a civil service appraisal or who seek a promotion in accordance with this regulation have their names placed in the applicant pool for the period as determined by the specific appraisal method.
         
         
      2. Employees seeking a lateral job change, in accordance with civil service rules and regulations, may have their name placed in applicant pools for 1 year. Extensions may be given, 1 year at a time, upon written request.
         
         
      3. An individual who separates from state employment in good standing may request to have his or her name returned to an applicant pool by contacting the Department of Civil Service. The names of separated individuals are placed in applicant pools for the period as determined by the specific appraisal method, provided the appraisal method has not changed. Extensions may be given, one year at a time, upon written request.
         
         
      4. Individuals who are not state employee applicants at the time they pass a civil service appraisal have their name placed in an applicant pool for the period as determined by the specific appraisal method. If the appraisal content or method has not changed, extensions may be given, one year at a time, upon written request.
         
         
      5. Individuals who are sanctioned may request reinstatement of their name in an applicant pool in accordance with regulation 3.06 [Sanctions For Violating Appraisal Method Integrity].
         
         
      6. Individuals seeking reinstatement in accordance with standard A(4) may have their name placed in the applicant pool for up to 3 years from the date of separation, demotion, or departure on a waived rights leave of absence. The reinstatement period for employees who have been laid off or demoted because of a reduction-in-force begins when their recall rights expire. Requests for extensions may be given, one year at a time, upon written request, unless the appraisal method has changed.
         
         
      7. If the appraisal method changes such that the results of a new appraisal replace the previous results, applicants in the applicant pool are notified of the change and offered an opportunity to participate in the new appraisal.

5. PROCEDURE