certification delegation information session fall 2009 civil service unit human resources division

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Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Page 1: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

Certification Delegation Information Session

Fall 2009Civil Service Unit

Human Resources Division

Page 2: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Overview of Topics

The Certification – Entry-Level Appointments

Applicants Mark & Responding to Vacancies Background Investigation, Reference Checking and

Interviews Selection and By-pass Reasons and Removal Appointment and Documenting Certification Process

Departmental Promotional Delegation

Post-Selection Audit Guidelines

Page 3: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

AA files a requisition with HRD Form 13

HRD issues names from the eligible list – this is a certification

The number of names certified is determined by the number of vacancies reported by the AA

PAR .09 formula 2(N) + 1= total names on cert Will not break a tie

Page 4: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Order of Recalls and Appointments Reinstatement – MGL c.31 § 39

Disability Retirees

Reemployment – MGL c. 31 § 40

Roster Certifications – Departmental Reserve/Intermittent lists for entry-level hires

Open Competitive

Page 5: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Certification mailed to AA postcards sent to all candidates from HRD

Certification process for entry-level appointments – 12 weeks Extension must be documented in writing No extension/appointments beyond eligible

list expiration/revocation

Page 6: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The CertificationSigning the Certification Candidates have 8 business days to sign the

certification Information on postcard

During sign-in period If certification not available written statement from

candidate If candidate not able to sign, a proxy may sign on

behalf i.e. power of attorney, parent, spouse

Page 7: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The CertificationCertification Order Ch. 534 decisions, Civil Service Commission Ch. 402A, children of police/firefighter died on

duty Disabled Veterans with residency preference Ch. 402B, children of police/firefighter,

permanently/totally disabled on duty Veterans with residency preference Non-Veterans with residency preference Applicants w/o residency preference

Page 8: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Certification Order - MGL Chapter 31 § 25 To qualify for residency preference candidates

must have resided in the municipality for the entire twelve-month period immediately preceding the date of the examination.

A non-resident hired from certification has nine months after his appointment to establish his residence within such city or town or at any other place in the commonwealth that is within ten miles of the perimeter of such city or town.

Page 9: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Roster CertificationsFilling permanent fulltime vacancies

Re-employment – roster – open competitive

Names certified by AA in order of their seniority date AA responsible to notify candidates of

vacancy

Page 10: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Roster Certifications After three declinations/failures to respond:

Candidate no longer eligible for certification to permanent full-time positions

♦ May remain permanent Reserve/Intermittent officer under MGL Chapter 31 § 60a

♦ Employee can face termination under MGL Chapter 31 § 41 – 45

Page 11: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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The Certification

Roster CertificationsProbationary Period

If the reserve or intermittent employee actually works 30 days during the first six months of employment, that employee is considered tenured

If the employee has not worked 30 days during the first six months, then the probationary period extends to eighteen months from the initial date of employment shown on the Authorization of Employment Form 14. (MGL Chapter 31, § 34).

Page 12: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Applicants’ Marks

Current provisions of Federal Consent Decree and Public Records Division preclude scores on certifications

Candidates with tie scores are identified by “Tie” and “Tie End” Candidates within the tie are listed

alphabetically

Page 13: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Applicant’s Responding

Once sign-in period has expired, review number of candidates

If number of candidates is below 2n+1 Fax signed certification to HRD Request additional names

Page 14: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND

INTERVIEWS Results from background investigations, reference

check and interviews may be used as part of selection process Complete and accurate records to be maintained by AA

HRD does not review candidates ability to possess a gun permit (police officer candidate) nor court records for public safety positions

Use of tobacco products prohibited

Page 15: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS

Medical Exam All medical examinations must be conducted in

accordance with the guidelines and requirements contained within the HRD Physician's Guide - Initial-Hire Medical Standards and the Regulations for Initial Medical and Physical Fitness Standards Tests for Municipal Public Safety Personnel

Examining physicians must record the results of a medical examination on the Medical Examination Form provided by HRD Pages 1 and 6

Page 16: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS

Medical Exam con’tA candidate is allowed 1 re-examination if

he/she fails the initial examination

Failure of the medical examination twice is removal of the candidate from the selection process

Page 17: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS

PHYSICAL ABILITIES TEST (PAT)Candidates must pass the PAT administered

by HRD for entry-level appointments1 retest is permitted if failure of PAT after a

16-week preparation period. The retest can occur prior to the end of the 16-

week period but a waiver must be signed by the candidate

Failure of the PAT twice removal of the candidate from the selection process

Page 18: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS

Psychological Screening Used as a selection instrument when AA

has an approved psychological screening plan with HRD

Based upon results of psychologist and psychiatrist grounds for removal from selection process

Page 19: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS

AA utilizing medical, PAT, and psychological plans must insure that such screening is initiated only after a conditional offer of employment has been made to selected appointees, as required by MGL Chapter 151B

AA questions applicant’s right to minority, residency, or veteran’s status must notify HRD

Page 20: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Selection, Bypass and Removal

Chapter 31, § 27

NON-CONSENT DECREE COMMUNITIES

Selection reasons for candidates ranked lower on the certification

Bypass reasons for candidates ranked higher

on certification

Page 21: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Selection, Bypass and Removal

SELECTION REASONS may address: Work experience Accomplishments/Skills/Education Interview results Personal characteristics Commitment to type of work Volunteer service/Community Involvement Directly related work experience in community Other positive job-related reasons for selection

Page 22: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Selection, Bypass and Removal

BYPASS REASONS (Non-selection) may address: Results of Interview Background Information Check - Reference check, job

performance, military record, etc. Convictions of felony, misdemeanor Refusal to complete application or to comply with a

request for information Charge of felony or Misdemeanor and CWOF Departmental incident/record Medical incapacity Other negative reason that would make candidate

unsuitable for position Military candidates cannot be bypass due to their

service obligations

Page 23: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Removal of ApplicantsPAR.03

Most serious Proof of actions generally of a

criminal nature (i.e. conviction of a felony)

Candidate for removal given opportunity for a hearing

Results in removal of candidate’s name from all civil service lists

PAR.09 Less serious Appointment would be

detrimental to public interest (i.e. conviction of a non-felony, domestic violence, CWOF, etc.).

Appointing Authority must submit written statement requesting PAR .09 removal and substantiating reasons in detail.

Results in removal of candidate’s name from eligible cert list for requesting municipality, and notification to candidate.

Page 24: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Selection, Bypass and Removal

AA must notify Candidate not selected Selection reasons forwarded to all candidates

not selected Bypass and removal reasons only forwarded

to effected candidate and selection reasons of those candidates selected

Documents to be forwarded to HRD Removal of candidate PAR .03 and .09 Challenge of minority, residency and veteran

status

Page 25: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Appeal Process

Bypass/Non-selection Appeals Ch. 31 § 2(b) AA notifies bypassed candidates of their

appeal rights in writing• Candidates have sixty calendar days to file

with the Civil Service Commission• Only information utilized in selection process will

be allowed at the hearing

Page 26: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Appeal Process Legal representatives for AA’s municipal department and appellant

may appear for pre-hearing conference Motions for dismissal may be submitted Resolution under Chapter 534 of the Acts of 1976, as amended

by chapter 310 of the Acts of 1993 relief explored

Case may proceed to full hearing

Decision rendered by CSC Case dismissed Relief granted and explained in an order www.mass.gov/csc

Orders implemented by HRD and AA

Page 27: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Appointment

After AA has reviewed all documentation of selection process The Notice of Employment form should

contain the names, social security numbers, dates of birth, addresses, and effective dates of employment

The Notice of Employment form is forwarded to HRD

♦ Note: PAR .09 requires candidate performing job duties within 30 days of employment date on Notice of Employment form

Page 28: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Departmental Promotional Delegation

HRD establishes eligible list from exam

Entire eligible list is sent to AA When vacancy occurs AA generates a certification

from eligible list AA must notify all candidates on certification Certification process for departmental promotional –

3 weeks

HRD will notify AA in writing of any additional candidates added to eligible list

Page 29: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Departmental Promotional Delegation

INSUFFICIENT CANDIDATES Not enough candidates signed willing to accept

♦ Additional names certification generated♦ AA notifies “additional name” candidates of

vacancy Not enough names on the eligible list (short list)

♦ AA may chose to make a selection of those candidates on the list

♦ AA may chose to provisional promote permanent employee in next lower title

Page 30: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Departmental Promotional Delegation

Forms to be submitted to HRDAA must submit requisition to be included

in the next examination to be held Provisional promotion

Employee eligibility for Departmental Exams

Posting Certificate for Departmental Exams

Page 31: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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DOCUMENTATION OF THE CERTIFICATION PROCESS

Notice of Employment form All fields are filled out signature of Appointing Authority (AA) and candidate(s) Effective employment date cannot be earlier than date candidate passes the PAT Effective employment date reflective of incumbent performing the job duties of title Forward to HRD (entry-level only)

Form 16 (Certified Lists) Signed by AA Mark on right-hand side if candidates “failed to respond”, “declined appointment”, etc.

Form 16-II Should include all candidates who signed willing to accept Must be signed by AA

Selection/Bypass Reasons Any letters of declination or withdrawal received from applicants Selection reasons as required by MGL Ch. 31, § 27 Written reasons, signed by the Appointing Authority, for the by-pass or removal of candidates willing to

accept and higher on the list than those selected Request for removal forwarded to HRD

PAT Results Copy of form or statement advising what date candidates passed

EMT Verification form

Residency Verification Form

Page 32: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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POST-SELECTION AUDIT GUIDELINES

HRD conducts regular audits of all selection process steps

Requests will be made via on-site visits, phone calls, email and/or facsimile.

On-line audit, AA must provide documents within 5 business days

Concerned parties will be notified of HRD’s findings in writing

Page 33: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Website What’s available today on-line

Apply for Exams online News & Updates Civil Service Forms PAT schedule Certification Delegation Process Legal Guides & Publications Civil Service Contact List

Appointing Authority On-Line Access Email account for AA – [email protected]

User id is xxxxxxx Password is xxxxxxx

• User id and password are case sensitive

Page 34: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Civil Service ContactsHRD Main Number 617-727-3777

Fax Number 617-727-0399Email Address:

[email protected]

[email protected]

Page 35: Certification Delegation Information Session Fall 2009 Civil Service Unit Human Resources Division

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Questions & Answers

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