The commissioner of human resources shall issue human resources rules, which may also be referred to as personnel rules. Prior to the effective date of such rules, the commissioner of human resources shall give public notice in one or more newspapers of general circulation, and in no case shall such publication be less than ten days before the effective date of the proposed rule or amendment to the rule. Such public notice shall include information concerning where the rules can be reviewed and where comments may be directed. Nothing contained herein shall prohibit the commissioner of human resources from giving other appropriate public notice. The rules shall provide:
(1) For the preparation, maintenance and revision of a position classification plan for all positions in the senior executive service, career service and department employment service, based upon similarity of duties performed and responsibility assigned, so that the same qualifications may reasonably be required for and the same schedule of pay may equitably be applied to all positions in the same class;
(2) For the annual submission of a pay plan to the mayor;
(3) For the recruitment and selection of persons in the career service on the basis of their relative fitness, and job-related selection procedures in the department employment service;
(4) For the establishment of eligible lists for appointment and promotion in career service, upon which lists shall be placed the names of successful candidates in order of their relative excellence in the respective examinations. The commissioner may substitute rankings such as excellent, well-qualified and qualified for numerical ratings and establish eligible lists accordingly. Such rules may provide for lists by area or location, by department or other agency, for removal of those not available for or refusing employment, for minimum and maximum duration of such lists, and for such other provisions as may be necessary to provide rapid and satisfactory service to the operating agencies. The rules may authorize removal of eligibles from lists if those eligibles fail to furnish evidence of availability upon forms sent to them by the commissioner;
(5) For the certification to an appointing authority of the names (a) of the five highest persons available on the appropriate eligible list to fill each vacancy, or (b) from the highest ranking group if the list is by rankings instead of numerical ratings;
(6) For promotions which shall give appropriate considerations to the applicant's qualifications, record of performance and ability;
(7) For probationary periods after original career service appointment not to exceed one year;
(8) For emergency employment for not more than 90 days with the consent of the commissioner and for provisional employment when there is no appropriate eligible list available. No such provisional appointment shall continue longer than nine months, nor shall successive provisional appointments be allowed;
(9) For keeping records of performance of employees in the career service, which performance records shall be considered in determining salary increments or increases for meritorious services; as a factor in promotions; as a factor in reinstatements; and as a factor in discharges and transfers. Appropriate performance records will be maintained for other employees;
(10) For layoffs in the career service, by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for reemployment of employees so laid off;
(11) For implementation and administration of the grievance procedure provided by this chapter;
(12) For the establishment of disciplinary measures such as suspension, demotion in rank or grade, or discharge. For all permanent employees in the career service, such measures shall provide for a statement of the charges on which discipline is based, together with an explanation of the evidence supporting the charges and an opportunity for the employee to respond to the charges in writing before action is taken, appeals after such disciplinary action, and a hearing on the charges upon request of the employee in case of discharge, demotion or suspension exceeding 30 days, and review of suspensions not exceeding 30 days, consistent with the requirements of due process of law. The charges and explanation of evidence need not be in any particular form, but must be sufficient to apprise the employee of the matters on which discipline may be based. The employee's response must be reviewed by the department head or designee responsible for making the decision, provided that such designee may not be the person who initiated the charges against the employee. No permanent employee in the career service may be discharged, demoted or suspended for more than 30 days unless the statement of charges and any matters in support are first reviewed by the departments of law and human resources, before the employee is notified of such action;
(13) For development and operation of programs to improve work effectiveness, including training, education, safety, health, welfare, counseling, recreation and employee relations;
(14) For the establishment of procedures for departmental review of disciplinary actions taken against departmental employment service employees. All such procedures shall be approved by the commissioner of human resources;
(15) For such other policies and administrative regulations, not inconsistent with this law, as may be proper and necessary for its enforcement.
(Prior code § 25.1-5; Amend Coun. J. 11-10-87, p. 6042; Amend Coun. J. 12-7-05, p. 64870, § 1.6)