6. Equal Employment Opportunity

6.1. It is the Department's policy to employ, retain, promote, discharge, and otherwise treat equally any and all employees and job applicants on the basis of merit, qualifications, and competence. This policy shall be applied without regard to race, color, religion, sex, age, national origin or ancestry, disability (including blindness), medical condition, marital status, veteran status, political affiliation, or any other protected status defined by law.

6.2. It shall be the responsibility of all employees to abide by and carry out the letter, spirit, and intent of the Department's equal employment opportunity policy.

6.3. The Department supports merit opportunity concepts by insuring that all segments of the community have an opportunity to enter employment on the basis of open competition, and to advance according to their relative ability and fitness.

6.4. The selection of prospective new employees and the selection of employees for promotion shall be impartial, objective, and of a practical nature. The process shall relate to the job content in a way that fairly and accurately measures the applicant's capability to perform the job.

6.5. The employment, promotion, and employment separation of Executive staff, Division Directors, and part-time employees are not applicable to the Equal Employment policy, except that all personnel actions regarding these groups shall be taken without regard to race, color, religion, sex, age, national origin or ancestry, disability (including blindness), medical condition, marital status, veteran status, political affiliation, or any other protected status defined by law.

6.6. The Commissioner will provide a standard application form to all interested applicants. Applications are available from the Commissioner and may be picked up in the Commissioner's office or may be mailed to applicants, upon request. The Personnel Director will accept resumes in lieu of application forms, but the Department reserves the right to require applicants to complete the application form.

6.7. No unsigned and undated applications or resumes will be accepted.

6.8. The application files are confidential except for review by staff members participating in the hiring process.

6.9. The Department's application files will include all applications and resumes that have been received in the Department in the past twelve (12) months.

6.10. Division Directors requesting the creation of a new position should make a recommendation to the Personnel Director after consultation with the Director of the Administrative Services Division. The recommendation must include a written position description which includes the activities and results expected from the individual chosen for the position. The Personnel Director will review the request to create a position and then will make a recommendation to the Commissioner. The Commissioner must approve all recommendations creating new positions prior to its creation.

6.11. Procedure for Filling Vacancies

........6.11.a. For approval to fill a vacancy submit a written request to the Personnel Director along with a validated job description and recommended closing date for the vacancy announcement.

................6.11.a.A. A validated job description will include:

.........................6.11.a.A.(a). job title;

.........................6.11.a.A.(b). salary range;

.........................6.11.a.A.(c). headquarters;

.........................6.11.a.A.(d). FLSA exemption status (exempt or non-exempt);

.........................6.11.a.A.(e). safety sensitive status (if applicable);

.........................6.11.a.A.(f). nature of work;

.........................6.11.a.A.(g). responsibilities;

.........................6.11.a.A.(h). required knowledge, skills and abilities;

.........................6.11.a.A.(i). minimum qualifications; and

.........................6.11.a.A.(j). validation signatures.

........6.11.b. Provide information as to why there is a vacancy (e.g., retirement, resignation, promotion, new position, etc.). When applicable, also provide the name of the previous incumbent.

........6.11.c. Indicate in the request where the position is to be posted (e.g., in-house only, internally and externally, etc.).

................6.11.c.A. In keeping with the Department's policy of promoting from within, employment opportunities should be announced within the Department first unless it is determined by the Personnel Director that no current employee meets the minimum qualifications for the position.

6.11.c.A.(a). Current employees will have a minimum of five (5) working days to respond in writing to any internal position announcement.

................6.11.c.B. When posting is to be listed outside the Department, include with the request and job description a four (4) to five (5) line advertisement.

.........................6.11.c.B.(a). This ad should only include the most pertinent information.

.........................6.11.c.B.(b). The ad should also include how applicants are to respond (application and/or resume), closing date, contact name, phone number, mailing address, and email address.

.........................6.11.c.B.(c). Also provide the locations and/or a list of where the position is to be advertised (newspapers, professional journals and publications, employment publications, job services or other employment services, and schools or universities).

........6.11.d. Upon approval from the Personnel Director, the Division Director will be notified to proceed with advertising the position.

........6.11.e. Division Director will request from Personnel Director any applications and/or resumes of qualified applicants that may be on file.

........6.11.f. All applications and resumes that are received will be forwarded to the Division Director. Depending upon the number of qualified responses to an opening, the Division Director should arrange to interview from three (3) to five (5) of the most qualified applicants.

................6.11.f.A. Announcements may sometimes result in an unusually large number of applicants who meet the minimum position requirements. When such circumstances arise, the Personnel Director may limit the number of applicants or candidates to advance through the process based on such considerations as:

.........................6.11.f.A.(a). length, type and level of work experience related to the position;

.........................6.11.f.A.(b). applicability of past work experience to the Department's programs, operations, and needs; and/or

.........................6.11.f.A.(c). type, degree, and relevance of job preparation for prescribed responsibilities, including course work, training and educational achievements.

........6.11.g. All interviews must be conducted by an interview team of at least three (3) members that should include the Division Director or his/her designee; the Personnel Director or his/her designee and a third party mutually agreed to by the first two (2) members. Exceptions to this practice require the permission of the Personnel Director.

................6.11.g.A. The interview team will meet prior to interviewing candidates to discuss strategy, goals, and to develop an appropriate line of questioning. The Department reserves the right to test applicants on their skills, abilities, and education related to the position for which they are a candidate.

................6.11.g.B. All interview questions and tests will be reviewed by the Personnel Director prior to the interview. Test approval will be made in writing by the Personnel Director.

................6.11.g.C. A standard interview form will be used as the basis for interviews. The interview form is to be completed and signed by each interviewer. The completed interview forms are confidential and are to be kept with candidate files.

................6.11.g.D. Interviews should only contain questions and conversation that is directly related to the specific duties, responsibilities, and requirements of the position. Questions and conversation should remain consistent among all candidates for a position.

................6.11.g.E. The interview team will meet following the conclusion of all interviews to rank candidates and to present a written recommendation to hire to the Commissioner, which ranks the candidates and lists reasons for the recommendation.

........6.11.h. Once interviews are completed, the Interview Committee will forward their recommendation as well as the selected applicant's application and resume to the Personnel Director who will discuss the recommendation with the Commissioner.

........6.11.i. If the Commissioner concurs with the recommendation of the Interview Committee, reference checks will be conducted by the Department Investigator.

........6.11.j. Upon completion of the investigation, a recommendation will be given to the Commissioner for the final decision on employment.

........6.11.k. Upon Final Approval by the Commissioner

................6.11.k.A. A copy of the approval will be sent to the Division Director.

................6.11.k.B. Original application, resume, and investigative report will be sent to Personnel Director.

................6.11.k.C. Division Director will call applicant with job offer.

................6.11.k.D. Upon acceptance of the job offer, the Division Director will notify the Executive Division so that a congratulation letter can be sent to the applicant from the Commissioner.

................6.11.k.E. At this time the Division Director must submit a personnel action request form to the Executive Division so that the new employee is placed on the payroll in a timely manner.

................6.11.k.F. Letters of regret will be sent by the Division Director to the unsuccessful candidates.

................6.11.k.G. All applications, resumes, and interview evaluation forms will be returned to the Personnel Director for filing.

6.12. Employment Separation

........6.12.a. The Commissioner must approve all discharge actions in writing. The Commissioner or his/her designee will provide written notification of discharge to the employee. The notification will list reasons for discharge. The notification will list the terms of separation, including date and status of employee benefits.

................6.12.a.A. An employee may be subject to a non-disciplinary, involuntary discharge in connection with a shortage of funds, abolition of a position, or the lack of need for the work performed by an employee or group of employees. The Commissioner will give an employee as much advance notice of the discharge as conditions permit.

........6.12.b. Discharge for disciplinary reasons is discussed in Section 15 of this policy.

........6.12.c. Employees who resign are encouraged to provide as much notice as possible to the Commissioner to allow the smooth transition of the resigning employee's workload and responsibilities.

........6.12.d. Separation Procedures

................6.12.d.A. Employees who leave the employment of the Department will be required to turn in any Department property to their supervisor prior to their final workday.

................6.12.d.B. An exit interview may be required of employees upon separation from employment. The purpose of the exit interview is to provide the opportunity for the employee to evaluate his/her time of employment with the Department and to suggest improvements. The Commissioner, Deputy Commissioners, or Personnel Director may conduct exit interviews at the Commissioner's discretion.