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I.EXECUTIVE ORDERS - page 257 / 359

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so ordered by the Director after a review of the hiring and personnel practices of the organization indicates such provisions would be either impractical or unnecessary.

1.When using this provision the Director shall notify the Commission of his intention to apply it and, after using it, shall file a written report explaining the reasons therefor.
2.The Director may still require certain employees to meet the requirements of (a) 4 and (a) 5.
3.An employee acquired under this provision, except for those acquired under subsection (c) 2 above, will be considered to possess the minimum qualifications of the job in which acquired.

(d)An employee who enters the State classified service in accordance with this Rule shall have his pay established in accordance with Rule 6.17.

(e)An employee who enters the State classified service in accordance with this Rule shall have his leave credits determined as follows:

1.An employee who is employed as a classified employee of a governmental jurisdiction subject to a civil service article, statute or ordinance shall have his annual and sick leave credits assumed by his acquiring agency; provided that only the amount of leave earned minus the amount taken, during the first year of the appointment authorized by the Director or Commission, may be paid upon separation in that year, except for separations caused by a layoff, medical disability, death or retirement. Upon entering the State classified service, he shall earn and be credited with leave benefits as provided elsewhere in these Rules.
2.An employee of the state, so long as an official system of leave earning and use was maintained by the employer, shall have his leave credits determined as provided by Rule 11.19(d).
3.Any other employee who enters the State classified service in accordance with this Rule shall be credited for unused annual and sick leave, not to exceed 240 hours of each, which had been earned by and credited to the employee on the date of his appointment to the State classified service so long as an official system of leave earning and use was maintained by the former employer; provided that only the amount of leave earned minus the amount taken by the employee, during the first year of the appointment authorized by the Director or Commission, may be paid upon separation in that year, except for separations caused by a layoff, medical disability, death or retirement.

(f)Compensatory time shall not be credited above what is legally required under FLSA to the employee.

(g)When a position brought into the classified service under this rule is title corrected, the employee's pay shall not change, except where an adjustment to the minimum of the range is required. Title correction shall mean a change in the job title of a position, by Civil Service, following the original allocation of a position for purposes of probational appointment under this rule.

(h)An employee who enters the State classified service in accordance with this Rule shall have his eligibility for merit increases under Rule 6.14 and leave earning determined based on the original date of appointment with his current or former employer and, upon appointment in the State classified service, shall not be treated as a new

employee under the provisions of Rule 6.14. However, the Director may approve existing annual eligibility dates for all employees of an entity, acquired under this rule, that already had a well established merit pay policy.

(i)This Rule shall not apply to any employee who is illegally hired in either the State unclassified or State classified service as determined by the Commission after investigation by public hearing, or who is hired in the State unclassified service under the provisions of Rule 4.1(d)1, or who is voluntarily seeking employment in the State classified service.

(j)Upon request of an appointing authority and when in its judgement sufficient and compelling reasons to do so have been presented, the Commission may apply the provisions of this Rule to situations not addressed herein.

(k)The Director may order an employee, who is subject to being brought into the State classified service under Rule 8.27, placed on a special provisional appointment as provided by this subsection and such appointment shall:

1.contain the same rights, privileges and status as a provisional appointment, unless otherwise provided by this rule;
2.be provided to allow the completion of the process necessary to determine if the employee may remain in the classified service and what requirements of this rule, and others if applicable, will have to be met; and
3.expire either on probational appointment of the employee, or two years from the date the appointment was made, or upon cancellation by the Director.

Proposed For Adoption

Chapter 22 Requirements for Filling Job Vacancies

22.1Methods of Filling Vacancies

Vacancies in the classified service may be filled by probational appointment, job appointment, restricted appointment, promotion, demotion, reassignment, position change, transfer, noncompetitive reemployment of a former employee, appointment from a Department Preferred Reemployment list, temporary inter-departmental assignment, or detail to special duty.

22.2Filling Vacancies Prior to the Election for a Statewide Elected Office

An appointing authority shall obtain the Director’s approval before making a permanent appointment to any job at or above MS-520, AS-620, SS-419, PS-115, WS-218, or TS-315 between the date of any election for a statewide elected office and the date the elected official takes office. The Director may exempt jobs from this requirement.

22.3Public Announcement of Job Vacancies

(a)All vacancies for jobs in the classified service that are filled by probational appointment, job appointment or promotion shall be posted on the Internet in accordance with the Director’s policies and procedures except as provided in Rule 22.3 (b).

(b)A vacancy may be filled without public announcement in the circumstances listed below:

1.Appointment from a Department Preferred Reemployment list.
2.Restricted appointment.
3.Noncompetitive appointment of a client of a State Vocational Rehabilitation Services Program or a State Blind Services Program under provisions of Rule 22.8 (a).

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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