Section 6-B837. MERIT PROMOTION REQUIREMENTS

 

837.1The promotion of an employee shall be based on merit, and consistent with these regulations.

 

837.2Exceptions to competitive promotion procedures shall be limited to those authorized by this chapter.

 

837.3The personnel authority shall require that a promotion action (whether identification, qualification, evaluation, or selection of candidates) shall be made without regard to labor organization affiliation or nonaffiliation, race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, nondisqualifying physical handicap, source of income, or place of residence or business and shall be based solely on job-related criteria.

 

837.4The personnel authority shall ensure that each employee within the area of consideration who is absent for legitimate reason, for example, on detail, on leave, at training courses, in the military service, on disability compensation, or on temporary assignments under chapter 27 of these regulations, receives appropriate consideration for promotion.

 

837.5The personnel authority shall provide methods of evaluation for promotion and placement, and selection for training which leads to promotion, consistent with the requirements of this chapter.

 

837.6To be eligible for promotion, a candidate shall meet minimum qualification standards adopted in accordance with § 804.2.

 

837.7Due weight shall be given to performance appraisals and incentive awards of a candidate.

 

837.8Selection procedures shall provide for an agency’s right to do the following:

 

(a)Select or not select from among a group of best qualified candidates; and

 

(b)Select from other appropriate sources, such as reemployment priority lists, reinstatement, transfer, or conversion of a handicapped employee.

 

837.9In deciding which recruitment sources to use, an agency shall determine which is most likely to best meet the agency's mission and objectives and meet the agency's affirmative action goals.

 

837.10The area of consideration shall be sufficiently broad to ensure the availability of high quality candidates, taking into account the nature and level of positions covered.

 

837.11The minimum area of consideration shall be the agency, except that a smaller area may be authorized by a personnel authority in a situation which meets the criteria established by the authority’s personnel manual.

 

837.12When the minimum area of consideration will produce enough high quality candidates and the agency does not find it necessary to make a broader search, the minimum area of consideration and the area of consideration shall be deemed to be the same.

 

837.13Administration of the promotion procedures shall include recordkeeping, the provision of necessary information to employees and the public, and ensuring that each individual’s right to privacy is protected.

 

837.14Each personnel authority shall maintain a record of each promotion sufficient to allow reconstruction of the promotion action, including documentation of how each candidate was rated and ranked.

 

837.15All promotion records shall be retained for a minimum period of two (2) years. In addition, any promotion record relating to a grievance or appeal submitted by an applicant shall be retained until the grievance or appeal is adjudicated.

 

837.16For the purposes of this section, the following terms have the meaning ascribed:

 

Area of consideration - the area in which the agency makes an intensive search for eligible candidates and from which applications will be accepted in a specific recruitment action.

 

Minimum area of consideration - The agency in which the vacancy occurs, or a portion thereof as provided in § 837.11.