(a) Subject to subsection (b) of this section, the
department through the human resources division shall:
(i) Establish and administer a personnel
classification schedule covering all agency employees,
classifying positions into categories determined by similarity
of duties, authority, responsibilities and other relevant
factors of employment;
(ii) Establish and administer a consistent, equitable
and flexible compensation plan covering all agency employees;
(iii) Supervise employer-employee benefit plans not
otherwise provided for by law;
(iv) Maintain an information roster on each employee
of the state specifying employee name, employing agency,
position classification, rate of compensation, job title,
position description and service tenure. The information shall
be available for inspection only as provided by the Public
Records Act;
(v) Maintain a register of applications made by all
persons seeking employment with an agency. Each application
shall be rated on the basis of suitability and qualifications
without regard to political affiliation, race, color, sex, creed
or age;
(vi) Initiate and administer recruitment programs
designed to attract a sufficient quantity of suitable and
qualified employees to the service of the state as needed to
fulfill service commitments to its citizens;
(vii) Approve all in-service or staff development
programs available through agencies or sponsored by the
department;
(viii) Approve all agencies' changes related to
personnel with respect to compensation, position classification,
transfers, job titles, position specifications and leave time;
(ix) Subject to subsection (g) of this section,
establish personnel standards governing employee leave time,
hours of work, attendance, grievances and terminations;
(x) With the cooperation and assistance of the
division of economic analysis, collect and maintain statistical
information related to personnel administration from agencies;
(xi) Promulgate reasonable rules:
(A) Which are necessary to administer the
classification plan and the compensation plan;
(B) Governing minimum hours of work, attendance
regulations, leaves of absence for employees, vacations and the
order and manner in which layoffs shall be made;
(C) Concerning recruiting, transfers,
discipline, grievances and appeals;
(D) Necessary to administer a program whereby
employees may share positions as set forth in subsection (f) of
this section;
(E) Repealed By Laws 2009, Ch. 129, § 2.
(F) Necessary to administer a program whereby
at-will contract employees may be utilized by agencies to meet
programmatic needs. These rules shall be structured so that:
(I) At-will contract employees receive
benefits limited to coverage and employer contributions as
required by law for social security, worker's compensation,
unemployment compensation and group insurance benefits as
provided in subdivision (III) of this subparagraph and except as
otherwise provided in subdivision (IV) of this subparagraph;
(II) The minimum benefits or rights
specifically required under any federal law are provided. In
determining the minimum benefits or rights provided under
federal law, the rules shall require employment contracts under
this subparagraph to be structured so as to exempt at-will
contract employees from coverage to the greatest extent
possible;
(III) Except as provided in this
subdivision and in subdivision (IV) of this subparagraph, no at-
will contract employees shall be eligible for or accrue any type
of leave or be eligible to participate in or otherwise be
covered by state employees' and officials' group insurance, the
state retirement system or the deferred compensation program. If
the employment contract so provides, an at-will contract
employee may be eligible for membership in the state employees'
and officials' group insurance plan in accordance with W.S. 9-3-
207, or in the case of the Wyoming retirement system an at-will
contract employee of a member employer may be enrolled in the
system if that employee's wages under the contract are reported
on an Internal Revenue Service Form W-2 Wage and Tax Statement,
provided the employee pays the total premium or contribution
required;
(IV) Notwithstanding subdivision (III) of
this subparagraph, if the employment contract so provides, an
at-will, year-round, full-time brand inspection contract
employee authorized to carry out the duties specified by W.S.
11-20-201 may be eligible for membership in the state employees'
and officials' group insurance plan in accordance with W.S. 9-3-
207, and the state retirement system under W.S. 9-3-412 and 9-3-
413.1, provided the employee pays the total premium or total
contribution required, or the portion of the premium or
contribution, if any, the employment contract directs the
employee to pay and the employee's wages under the contract are
reported on an Internal Revenue Service Form W-2 Wage and Tax
Statement. Subject to the limitations of W.S. 9-3-412(c) and 9-
3-413.1(b), the Wyoming livestock board shall have sole
discretion to determine the amount of the total premium or
contribution to be paid by the employee and the amount to be
paid by the board, if any. The amounts shall be stated in the
employment contract. The time limitations provided in
subdivision (V) of this subparagraph shall not apply to any
employee under this subdivision;
(V) An at-will contract shall be for a term
not exceeding twenty-four (24) months subject to renewal of the
contract at the end of the contract period and W.S. 9-2-1012(h);
(VI) No at-will employee contract position
shall be created unless specifically authorized by legislation
or approved by the governor. Any position approved by the
governor shall be reported to the joint appropriations
committee. Continued authorization of any at-will employee
contract position created by the governor shall be subject to
legislative review and approval pursuant to W.S. 9-2-1012(h).
(xii) Repealed By Laws 2009, Ch. 129, § 2.
(xiii) Administer all statewide training functions
provided by the department;
(xiv) Repealed By Laws 2001, Ch. 55, § 3.
(b) The state compensation plan shall, to the extent not
otherwise provided by law, apply to all state executive branch
employees except those employees of the University of Wyoming
and community colleges. The compensation and classification
plan shall be designed to attract and retain a sufficient
quantity of quality employees with competitive compensation
based on relevant labor markets for each class of employment.
The plan shall be based upon principles of fairness and equity
and be administered with sound fiscal discipline. The plan shall
utilize both fixed and variable compensation as well as noncash
reward and recognition programs. All variable compensation
benefits under the plan, except as otherwise provided by law,
shall be administered by the department as a separately
designated and appropriated budget item. The plan shall consist
of:
(i) Current job descriptions. These shall describe
job content including the nature and level of work performed,
responsibilities, requirements to possess professional licenses,
certifications or registrations, and assist in job evaluation
and classification, pay comparisons with other entities,
recruitment, selection and performance appraisal;
(ii) Job content and classification. This process
shall formally assign positions to classifications and determine
pay grades in one (1) or more pay systems based on an evaluation
of the content of jobs using quantitative point factors. At a
minimum, these factors shall include knowledge, experience,
skill problem solving, accountability and working conditions.
These factors and their weights shall be established by the
human resources division and reflect the relative importance of
job content to the state and to the appropriate local, regional,
national market or a combination of these markets as determined
by the division. Establishing the value of compensation shall
be primarily based on establishing the appropriate market value
of the job. For positions for which a market value cannot
readily be identified, the value of compensation shall be based
on a fair and defensible method. Total compensation, including
base salary, benefits, lump sum payments, allowances and other
variable elements of compensation shall be targeted at a
competitive level when compared to the appropriate labor markets
to allow the state to attract and retain the quality and
quantity of employees needed to fulfill service commitments to
its citizens. The human resources division shall periodically
audit and update the system to ensure that it reflects current
labor market conditions and shall review applicable department
rules and regulations, or through assessing employee complaints
analyze hiring difficulties and turnover statistics;
(iii) Pay data collection and analysis. Data
collection shall be based on a defined and relevant labor market
that is representative of public and private sector employers.
The relevant labor market may be local, regional, national or a
combination of these markets as determined by the division to
best reflect the relative importance of a job to the state.
Data analysis shall identify salary ranges for each pay grade
with minimum and maximum dollar limits. The total compensation
package for state employees shall be considered in the data
collection and analysis;
(iv) Procedures to set and change individual pay
rates consistent with subsection (c) of this section;
(v) A performance appraisal system. This system
shall measure performance in writing as objectively as possible.
The system shall relate differences in performance levels and
provide a means of employee advancement within classification
pay grades. Evaluators shall be trained in performance
appraisal prior to assessing the performance of any employee.
Evaluators shall be required to attend continuing personnel
evaluation education programs as deemed necessary by the human
resources division. All employees subject to appraisal may
respond to the appraisal of their performance in writing;
(vi) When a license, certification or registration is
required to perform job duties it shall be included in the
position job classification, job advertisement and announcement;
(vii) Data collected under this subsection shall be
available to the legislature as needed.
(c) The state compensation plan shall provide for the
following procedures to establish and change individual pay
rates:
(i) Rates of pay shall be determined using knowledge,
skills, abilities, experience, responsibilities, requirements to
possess professional licenses, certifications or registrations,
and labor market conditions giving consideration to salaries in
the public and private sector in the relevant labor market as
determined by the division. Rates of pay shall be based on a
combination of achievement of performance objectives,
recognition of differences in job content, acquisition and
application of further knowledge, skills and abilities;
(ii) General pay increases shall be only those
approved by the legislature;
(iii) Pay increases based on performance appraisals
shall be approved consistent with the performance appraisal
system;
(iv) Promotion pay increases may be approved when an
employee moves to a higher job grade;
(v) Longevity pay increases shall be approved at a
rate of forty dollars ($40.00) per month for each five (5) years
of service. Longevity pay increases shall not be considered as
part of base pay;
(vi) Special pay increases may be approved by the
governor using available funds.
(d) Repealed by Laws 1989, ch. 52, § 2.
(e) Any employee who has been paid for accumulated
vacation or sick leave upon separation and who is rehired within
thirty-one (31) days after separation, shall fully reimburse all
payments for accumulated vacation or sick leave within thirty-
one (31) days after being rehired with all rights. Any person
who fails to reimburse the state as herein required shall be
terminated.
(f) The human resources division shall establish and
administer a program of position sharing subject to the
following provisions:
(i) The sharing of any position is subject to
approval by the director or chief administrator of the agency;
(ii) Each employee shall work a portion, equal to the
employee's share of the full-time position, of the number of
hours required for the full-time position being shared;
(iii) Each employee shall receive a portion, equal to
the employee's share of the full-time position, of the salary
attributable to the full-time position being shared, according
to the state classification and compensation plan;
(iv) Position sharing employees are entitled to a
portion, equal to the employee's share of the full-time
position, of employee benefits accorded to full-time employees.
Benefits which cannot be divided, such as participation in the
state group health and life insurance programs, shall be
accorded to position sharing employees on the same basis as
full-time employees without division, but the state's
contribution to the insurance or other benefit programs shall be
a portion, equal to the employee's share of the full-time
position, of the contribution for full-time employees.
(g) The state shall, in accordance with rules promulgated
by the human resources division and on behalf of any employee
receiving temporary total disability benefits for an injury
covered under the Wyoming Worker's Compensation Act and
sustained while acting within the scope of employment with the
state, for two (2) calendar months following the month in which
the injury occurred, pay the employer's contributions to the
state group health insurance plan, the state group life
insurance plan and to the state retirement system. For the
following four (4) calendar months the state shall pay both the
employer's and the employee's contributions to the state group
health insurance plan, the state group life insurance plan and
the state retirement system. Payments under this subsection
shall continue and the injured employee's employment shall be
considered continuous until the end of the sixth calendar month
following the month in which the injury occurred, until the
injured employee returns to work or is terminated or until the
injured employee is no longer eligible to receive temporary
total disability benefits, whichever first occurs.
(h) In promulgating rules regarding layoffs due to
reductions in force, the division shall require:
(i) That each agency shall designate divisions within
the agency for the purpose of reduction in force;
(ii) That no layoffs from a reduction in force shall
occur within sixty (60) days of any designation under paragraph
(i) of this subsection;
(iii) That layoffs due to a reduction in force shall
occur within affected divisions designated under paragraph (i)
of this subsection and that no employee affected by a reduction
in force shall displace any other employee outside his
designated division;
(iv) That designations under paragraph (i) of this
subsection shall be made by the agency director and are not
rules under W.S. 16-3-101 through 16-3-115.
(j) Designations under paragraph (h)(i) of this section:
(i) Shall not be effective until approved by the
governor;
(ii) Are not subject to contested case procedures or
judicial review under W.S. 16-3-101 through 16-3-115.
(k) Repealed By Laws 2009, Ch. 129, § 2.
(m) A department director or commissioner appointed by the
governor shall serve at the pleasure of the governor and may be
removed by him as provided by W.S. 9-1-202. If authorized by
law or upon approval by the governor, a department director or
commissioner may appoint a deputy department director, one (1)
or more division administrators, or both, who shall serve at the
pleasure of the director or commissioner and may be removed by
him at any time without cause. Any person appointed under this
subsection shall be covered under the executive compensation
plan. This subsection is not applicable to the game and fish
department.
(n) In carrying out the duties of the division under this
section, employment first shall be the policy of the state that
competitive and integrated employment shall be considered its
first option when serving persons with disabilities who are of
working age to obtain employment. Employment first applies to
programs and services that provide services and support to help
obtain employment for persons with disabilities. All state
agencies shall follow this policy and ensure that it is
effectively implemented in their hiring and in all programs and
services administered or funded by the agencies. Nothing in
this section shall be construed to require any employer to give
preference to hiring people with a disability. All state
agencies shall coordinate efforts and shall collaborate within
and among the agencies to ensure that state programs, policies,
procedures and funding support competitive and integrated
employment of individuals with disabilities. All state agencies
shall, whenever feasible, share data and information across
systems in order to track progress toward full implementation of
this subsection. Nothing in this section shall be construed as
eliminating any supported employment services as an option when
appropriate.