Idaho State Statutes - Idaho Attorney Directory

RULES OF THE DIVISION OF HUMAN RESOURCES AND THE PERSONNEL
COMMISSION. The administrator of the division of human resources shall have
the power and authority to adopt, amend, or rescind such rules as may be
necessary for proper administration of this chapter. Such rules shall include:
(a) A rule requiring the administrator, after consulting with each
department to develop, adopt, and make effective, a job classification system
for positions covered by this chapter, based upon an analysis of the duties
and responsibilities of the positions. The job classification shall include an
appropriate title for each class, and a description of duties and
responsibilities of positions in the classes and the requirements of minimum
training, experience and other qualifications, suitable for the performance of
duties of the position.
(b) A rule describing the relevant labor markets and benchmark job
classifications used in the administrator's salary surveys.
(c) A rule requiring that all classes of positions which are common to
the departments concerned shall have the same titles, minimum requirements and
compensation ranges.
(d) A rule providing for review by the administrator of the personnel
system including classifications and compensation policies and procedures.
(e) A rule that, notwithstanding the procedure for examination and
ranking of eligibles on a register provided in subsection (f) of this section,
an agency may appoint an individual directly into an entrance or promotional
probation if the division of vocational rehabilitation, Idaho commission for
the blind and visually impaired or the industrial commission certifies, with
the concurrence of division of human resources staff, that the individual (1)
has a disability or handicap as defined under state or federal law; (2) is
qualified to perform the essential functions of a particular classified
position with or without reasonable accommodation; and (3) lacks
competitiveness in the examination process due to the disability or handicap.
The probationary period as provided in subsection (j) of this section shall be
the sole examination for such individuals.
(f) A rule requiring fair and impartial selection of appointees to all
positions other than those defined as nonclassified in this chapter, on the
basis of open competitive merit examinations or evaluations. An application
for an examination will be accepted after the closing date of the examination
from a person who was serving in the armed forces, or undergoing
hospitalization of no more than one (1) year following discharge, during any
period in which the examination was open; the application must be submitted
within one hundred twenty (120) days of separation from the armed forces or
hospitalization and prior to the expiration of the register established as a
result of the examination. A disabled veteran may file an application at any
time for any position for which the division maintains a register or for which
a register is about to be established, provided he or she has not already been
examined twice for the same position and grade for which application is made,
does not have current eligibility on that register, or is not serving in a
competitive position in the same grade for which application is made.
Examinations may be assembled or unassembled and may include various examining
techniques such as rating of training and experience, written tests, oral
interviews, recognition of professional licensing, performance tests,
investigations and any other measure of ability to perform the duties of the
position. Examinations shall be scored objectively. Five (5) points shall be
added to the earned rating of any war veteran as defined in section 65-506,
Idaho Code, and the widow or widower of any war veteran as defined in section
65-506, Idaho Code, as long as he or she remains unmarried. Pursuant to
section 65-506, Idaho Code, ten (10) points shall be added to the earned
rating of any disabled veteran, the widow or widower of any disabled veteran
as long as he or she remains unmarried or the spouse of any disabled veteran
who is physically unable to perform the work in the position to which the
spouse seeks to apply the preference. Employment registers shall be
established in order of final score except that the names of all five (5)
point preference eligibles resulting from any merit system or civil service
examination shall be placed on the register in accordance with their augmented
rating, and the names of all ten (10) point preference eligibles shall be
placed at the top of the register above the names of all nonpreference
eligibles. Certification of eligibility for appointment to vacancies shall be
in accordance with a formula which limits selection by the hiring department
from among the ten (10) top ranking available eligibles plus the names of all
individuals with scores identical to the tenth ranking eligible on the
register. A register with at least five (5) eligibles shall be adequate.
Selective certification shall be permitted when justified by the hiring
department, under rules to be made by the division defining adequate
justification based on the duties and requirements of the positions. Such
examinations need not be held until after the rules have been adopted, the
service classified and a pay plan established, but shall be held not later
than one (1) year after departments commence participation in the personnel
system.
(g) A rule that, whenever practicable, a vacancy in a classified position
shall be filled by the promotion of a qualified permanent employee of the
agency in which the vacancy occurs. An interagency promotion shall be made
through competitive examination and all qualified state employees shall have
the opportunity to compete for such promotions. If an employee's name appears
within certifiable range on a current register for a higher class of position,
he shall be eligible for a transfer and promotion.
(h) A rule for development and maintenance of a system of service ratings
and the use of such ratings by all departments in connection with promotions,
demotions, retentions, separations and reassignments. The rule shall require
that an evaluation of each classified employee shall be made after each two
thousand eighty (2,080) hour period of credited state service, and that a copy
of the evaluation shall be filed with the division.
(i) A rule prohibiting disqualification of any person from taking an
examination, from appointment to a position, from promotion, or from holding a
position because of race or national origin, color, sex, age, political or
religious opinions or affiliations, and providing for right of appeal.
(j) A rule establishing a probation period not to exceed one thousand
forty (1,040) hours of credited state service for all appointments and
promotions, except that peace officers as defined in section 19-5101, Idaho
Code, shall be subject to a probation period of two thousand eighty (2,080)
hours of credited state service, and for the appointing authority to provide
the employee and the administrator a performance evaluation indicating
satisfactory or unsatisfactory performance not later than thirty (30) days
after the expiration of the probationary period. The rule shall provide that
if the appointing authority fails to provide a performance evaluation within
thirty (30) days after the expiration of the probationary period, the employee
shall be deemed to have satisfactorily completed the probation unless the
appointing authority receives approval from the administrator to extend the
probationary period for good cause for an additional specified period not to
exceed one thousand forty (1,040) hours of credited state service. If an
employee is performing in an unsatisfactory manner during the entrance
probationary period, the appointing authority shall ask the employee to
resign, and if no resignation is submitted, shall terminate the employment of
such employee without the right of grievance or appeal.
(k) A rule concerning provisional appointments.
(l) A rule concerning temporary appointments.
(m) A rule governing the employment of consultants and persons retained
under independent contract.
(n) A rule for the disciplinary dismissal, demotion, suspension or other
discipline of employees only for cause with reasons given in writing. Such
rule shall provide that any of the following reasons shall be proper cause for
the disciplinary dismissal, demotion or suspension of any employee in the
state classified service:
1. Failure to perform the duties and carry out the obligations imposed by
the state constitution, state statutes and rules of the employee's
department, or rules of the administrator or the division.
2. Inefficiency, incompetency, or negligence in the performance of
duties.
3. Physical or mental incapability for performing assigned duties.
4. Refusal to accept a reasonable and proper assignment from an
authorized supervisor.
5. Insubordination or conduct unbecoming a state employee or conduct
detrimental to good order and discipline in the employee's department.
6. Intoxication on duty.
7. Careless, negligent, or improper use or unlawful conversion of state
property, equipment or funds.
8. Use of any influence which violates the principles of the merit system
in an attempt to secure a promotion or privileges for individual
advantage.
9. Conviction of official misconduct in office, or conviction of any
felony, or conviction of any other crime involving moral turpitude.
10. Acceptance of gifts in exchange for influence or favors given in the
employee's official capacity.
11. Habitual pattern of failure to report for duty at the assigned place
and time.
12. Habitual improper use of sick leave privileges.
13. Unauthorized disclosure of confidential information from official
records.
14. Absence without leave.
15. Misstatement or deception in the application for the position.
16. Failure to obtain or maintain a current license or certificate
lawfully required as a condition for performing the duties of the job.
17. Prohibited participation in political activities.
(o) A rule to establish procedures for maintenance of a record of the
employment history and appropriate information relating to performance of all
employees under the personnel system. For the purposes of this rule, the state
shall be considered one (1) employer.
(p) Rules to provide for recruitment programs in cooperation with
department heads and the employment security agency in keeping with current
employment conditions and labor market trends.
(q) Rules to establish procedures for examinations as necessary for the
purpose of maintaining current registers from which to fill employment
vacancies.
(r) Other rules not inconsistent with the foregoing provisions of this
section as may be necessary and proper for the administration and enforcement
of this chapter.
(s) A rule concerning "project exempt" appointments.
(t) Rules relating to leave for state employees from official duties
including, but not limited to, sick leave, military leave, jury duty, leaves
of absence without compensation and such other forms of absence from
performance of duties in the course of state employment as may be necessary.
(u) A rule providing for five percent (5%) shift differential pay.

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