Certification Delegation Information Session

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

2. 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

3. 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

4. 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

5. 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

6. The Certification Signing 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

7. The Certification Certification 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

8. 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.

9. The Certification Roster Certifications • Filling 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

10. 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

11. The Certification Roster Certifications • Probationary 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).

12. 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

13. 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

14. BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS • Results from background investigations, reference check and interviews may beused 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

15. 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

16. BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS Medical Exam con’t • A 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

17. BACKGROUND INVESTIGATIONS, REFERENCE CHECKING AND INTERVIEWS PHYSICAL ABILITIES TEST (PAT) • Candidates must pass the PAT administered by HRD for entry-level appointments • 1 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. PAR.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. Removal of Applicants

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. Departmental Promotional Delegation Forms to be submitted to HRD • AA 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

31. 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

32. 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

33. 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 – AACivilService@MassMail.state.ma.us • User id is xxxxxxx • Password is xxxxxxx • User id and password are case sensitive

34. Civil Service Contacts HRD Main Number 617-727-3777 Fax Number 617-727-0399Email Address: civilservice@hrd.state.ma.us PAT@massmail.state.ma.us

35. Questions & Answers ?