§ 45-58-121.08 — Recruitment and Examinations

Alabama § 45-58-121.08

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 12: Employees
• Part 2: Shelby County Civil Service System

Text

The director shall be responsible for recruiting qualified individuals to fill vacancies in positions in the classified service and covered by this part. The following shall serve as guidelines for the recruitment, examination, and selection of classified service employees:
(1)
RECRUITMENT. Individuals shall be recruited from a geographic area as wide as necessary to assure obtaining well-qualified candidates for the various types of positions. Employment shall not necessarily be limited to residents of Shelby County.
(2)
ANNOUNCEMENTS. The personnel director shall prepare recruiting notices to publicize vacancies and to provide candidates for the classified service positions. Announcements shall set forth time, place, requirements, tests, and periods of application. The minimum period of time between public notice and closing dates for applications shall be five calendar days and maximum periods of time shall be at the discretion of the personnel director taking into consideration the number of positions to be filled, availability of applicants, and the geographical area of recruitment. Vacancies in classified service positions that are above the lowest grade level that are not filled by transfers or reemployment may be filled by the promotion of qualified classified service employees. The director shall post the classified service position announcements that are above the lowest pay grade level for applications from within the classified service for seven calendar days. Classified service employees shall be eligible for promotional consideration. Upon the discretion of the director and the applicable department head, based on the number of available candidates from within the classified service, the director may recruit additional candidates from outside the classified service. The director may not post a position announcement if there is a standing eligibility list open with eligible candidates for certification.
(3)
ACCEPTANCE OF APPLICATIONS. Applicants for employment or promotion shall apply by completing the required application forms. Completed applications shall be accepted only during the time period stated on the announcement. The director may extend the application period beyond the stated closing date by announcing the new time period. The accepting of applications shall not extend beyond the date and time the test begins. The director may also refuse to test an applicant when he or she had previously taken the same or a similar test within the nine months prior to the next scheduled test date.
(4)
REFERENCE. As part of the preemployment procedure, former supervisors, employers, police, and FBI files, plus references provided by the candidates, shall be checked as a precaution against obtaining undesirable employees. The reference checks may or may not be completed prior to an offer of employment, and the information shall be handled as privileged information available to appointing authorities in considering applicants.
(5)
DISQUALIFICATION. The director may remove from further consider-ation at any time the application of an applicant who:
a.
Does not possess the minimum qualifications;
b.
Has established an unsatisfactory employment or personnel record, as evidenced by reference check, of such a nature as to demonstrate unsuitability for employment;
c.
Has made a false statement of any material fact of practiced deception or fraud in this application, examination, or medical history;
d.
Is afflicted with any mental, physical, or mentally disqualifying disease or defect that would prevent satisfactory performance of his or her duties;
e.
Is believed to be addicted to or is a habitual user of drugs or intoxicants;
f.
Has been convicted of crimes other than minor traffic violations;
g.
Has been guilty of infamous or disgraceful conduct;
h.
Has an unsatisfactory driving record as evidenced by a pattern, frequency, or severity of traffic violations;
i. Has refused or failed to report for any interview after certification to an appointing authority;
j.
Has failed to report for duty at the time and place designated after appointment;
k.
Has failed to respond to any official notice or phone call from the director or appointing authority;
l.
Has failed to notify the personnel board or postal authorities of a change in address;
m.
Has been certified and rejected for three or more times; or
n.
For any other good cause not inconsistent with the intent of this part.
(6)
EXAMINATIONS. All appointments in the classified service, either through the open competitive or promotional, shall be made upon the basis of merit, efficiency, and fitness of applicants for positions. All announcements and examinations shall be prepared and weighted under the supervision of the director. Examination shall be thorough and practical and shall relate to those matters which fairly test the relative capacity and fitness of those examined to discharge the duties of the classification.
(7)
a. TYPES OF EXAMINATIONS. Examinations may be open competitive or promotional. Open competitive is open to the public for application. Promotional is open to the classified service employees.
1.
Open competitive. Any examination in which competition is open to all applicants meeting the announced requirements for admission to the examination.
2.
Promotional. Any examination in which competition is limited to present employees. Such examinations shall customarily be restricted to employees serving in lower, related classifications and employed in the classified service. A promotional examination may include employees in all jurisdictions.
b. The director shall in each case determine whether an open competi-tive or promotional examination will serve the best interests of the service in attracting well qualified candidates. The board shall approve the use of written, mental, physical, and medical examinations.
(8)
CONTENTS OF EXAMINATIONS. Examinations shall consist of any, all, or part of the following examinations, sections, parts, or tests. No questions in any examinations, form, or application or any other proceedings shall be framed to elicit the political or religious beliefs of applicants, or shall in any way discriminate for or against an applicant because of his or her sex, nationality, race, or color.
a.
Written tests. This part, when required, shall include a written demonstration designed to show the familiarity of competitors with the knowledge involved in the class of positions to which they seek appointment, their ability in the use of English, the range of their general information, or their general educational attainments.
b. Mental test. This part, when required, shall include any test or tests, whether written or oral, to determine mental alertness, general capacity of applicants to adjust their thinking to new problems, or to ascertain special aptitudes, character, or personality traits.
c.
Performance tests. This part, when required, shall include such tests of performance as would determine the ability and manual skills of competitors to perform the work involved.
d.
Physical test. This part, when required, shall consist of tests of physical condition, muscular strength, coordination, agility, and physical fitness of applicants with regard to performance of the applicable job tasks of the position for which he or she is applying. This may be given a weight in examination or may be used in excluding from further examinations where a written test is unnecessary or impractical.
e.
Training and experience. This part, when required, shall be marked from the statements of the education and experience contained in the application form or from such supplemental data as may be required. Results of the reference checks may be part of the evaluation of training and experience.
f.
Medical examinations. This examination determines that applicants are physically capable of performing efficiently the essential duties of a position and are free from such defects or diseases that would constitute employment hazards to themselves, or endanger the safety, health, and welfare of fellow employees or others. Medical examinations shall be performed by the commission’s designated physician or physicians in accordance with the board’s adopted medical standards. The board shall determine if all classified service positions require a medical examination. Medical reevaluation on any employee may be ordered by the appointing authority or director if at any time the employee’s performance of duties becomes deficient, or if his or her health or physical condition constitutes employment hazards to himself or herself or endangers the safety, health, or welfare of fellow employees or others.
g. Waiver of physical or medical conditions. The director, with the approval of the board, in cases of physical handicaps or medical conditions may, permit the employment of handicapped eligible candidates who may not meet all of the physical or medical requirements of the classifications. Providing that the eligible candidate is physically and medically capable of performing all of the duties of the specific position under consideration without risk to the health, safety, and welfare of others or himself or herself, and that the physical or medical conditions are not progressively deteriorating conditions.
(9)
RATING EXAMINATIONS. Sound measurement techniques and procedures shall be used in rating the results of tests and determining the relative candidates. In all examinations the minimum rating standards for each test, or parts or sections, shall be established under the supervision of the director. Candidates may be required to attain at least a minimum rating on each test in order to receive a passing grade or to be rated on the remaining parts of the examination or test. No applicant shall be placed upon the employment register whose final earned average on a written examination is less than 70, with the final evaluation thoroughly reviewing each part of the examination.
(10) NOTIFICATION OF WRITTEN EXAMINATION RESULTS. Each person who takes an examination shall be notified by mail of his or her passing or failing grade.
(11) WRITTEN EXAMINATION PAPERS. Each person who takes a written examination shall be entitled to inspect his or her examination score with the appropriate scoring key for 14 calendar days after the notices of results have been mailed. Test questions are confidential and not subject to inspection by the applicants. All examination papers may be destroyed upon the expiration of the eligibility register and exam papers of failing applicants may be discarded 30 days after the examination.
(12) IDENTIFICATION OF TEST PAPERS. Each entrant to an examination shall be assigned a number to be used as the sole identification on his or her test papers. Any test papers not bearing the identification number or bearing the name of the applicant or other identifying marks, except the assigned number, may be rejected and the candidate so notified.
(13) FRAUD. If an applicant during an examination is found to be using, without permission, any extraneous information such as other candidates’ paper, memoranda, crib notes, pamphlets, or books of any kind, his or her test papers shall be taken and the director shall have them graded with a zero and note on the test papers the reason for such marking. Such applicants shall be barred from taking any future examinations. No person shall willfully or corruptly make a false mark, grade, estimate, or report on an examination with respect to the proper standing of any person examined; or willfully or corruptly make any false representation concerning any person examined; or furnish to anyone special or secret information for the purpose of improving or injuring the prospects or changes of the appointment, employment, or promotion of any person examined or to be examined.

Legislative History

(Act 93–664, p. 1148, § 9.)