CHAPTER 4

FILLING POSITIONS IN THE HOSPITAL

STATEMENT OF POLICY

This policy implements a system of recruitment and selection of employees of the Hospital in accordance with the merit system principles and equal employment opportunity guidelines.

4.000 APPOINTMENT THROUGH THE MERIT SYSTEM

4.001 Recruitment and Examinations

Recruitment of persons for employment in the classified service of the Government of Guam shall be accomplished consistent with the merit principles of recruiting, selecting applicants, and advancing employees on the basis of their relative knowledge, ability and skill.

4.002 Filling of Vacancies

A. No person shall be appointed to, or employed in, or paid for service in any classified position until that position has been established, funded, and allocated to its proper class by the Administrator. Nor shall any person be allowed to begin work before such person submits an employment application, is placed on the eligibility list as "eligible” for the position applied for, and is certified, selected and processed by competitive examination. This applies to all initial and promotional appointments. Exception to the establishment and certification requirement may be made for reemployment, transfers, demotions, reinstatement immediately after active military service, and temporary appointments consistent with these rules.

B. Competitive examinations shall also apply to the following:

1. demotion to a position with known promotion potential within a class series;

2. transfer to a position with known promotion potential within a class series;

3. reinstatement or reemployment to a position with known promotion potential within a class series; or

4. appointment to a position with known promotion potential within a class series.

C. Applicants selected for and offered employment with the Hospital shall undergo and pass a mandatory drug test before being employed. Failure to submit to, or pass such drug test shall be grounds for rescinding the offer of employment.

Employees selected for Testing Designated Positions (TPD's) will be tested as provided in the Drug Free Workplace Program (DFWPOP).

4.003 Maintenance List of Authorized Positions

A. The Administrator shall maintain a list of authorized positions for each organized unit within the Hospital, showing by class of positions those that have been established and the current status of the positions.

B. The procedure for authorizing additional positions shall be subject to the approved budget by the Board. Filling of vacancies shall not be more than the number of authorized positions within its Full-Time Equivalency (FTE) ceiling, except as authorized by law as follows:

1. Part-time employees may be counted as a fraction, which is determined by dividing 40 hours into the average number of hours of such employees’ regularly scheduled workweek.

2. The number of employees may be increased beyond the number authorized for a period of no longer than 90 days in the event Guam is declared to be in a condition of disaster or emergency by the Governor, or by the President of the United States.

4.004 Certification from Eligibility Lists

All initial and promotional appointments to positions in the Hospital shall be made through certifications from eligibility lists resulting from competitive examinations and for selections covered under the Merit Career Plan.

4.005 Order of Use and Limitation on the Establishment of Lists

The order listed below shall be followed in the use of the eligibility lists, and the Administrator shall be restricted to selection from the top five/10 found on these lists in the order of precedence herewith established:

A. Hospital-wide

1. Priority Placement/Lay-off Reinstatement List

2. Promotional List

3. Transfer List

4. Demotion List

B. Government-Wide or Open

1. Preferential/Priority Placement/Lay-off Reinstatement Lists

2. Promotional List

3. Transfer List

4. Demotion List

5. Re-employment List

6. Open Competitive List- Permanent classified employee outside of the Hospital will compete under the Open Competitive list.

4.100 RECRUITMENT

4.101 Announcement of Recruitment and Examination

A. Whenever there is a need to establish a list of eligibles, the Administrator shall publish and disseminate announcements of recruitment and examination on a Hospital-wide, Government-wide and/or Open competitive basis, and shall cause such announcements to be posted throughout the Hospital, Government of Guam instrumentalities, departments and agencies and community. Other methods of announcing examinations may be used at the discretion of the Administrator, so as to better disseminate information to the employees and the public.

1. Hospital-wide competitive examinations shall be held to allow all interested and qualified permanent status employees occupying classified position within the Hospital the opportunity to compete for the vacant positions.

2. Government-wide or open competitive examinations may be held in the judgment of the Administrator, there are insufficient number of qualified applicants from within the Hospital for adequate competition and flexibility of selection. The Administrator shall determine the need for a Hospital-wide competitive announcement.

B. Open competitive examinations may be re-announced when it is determined by the Administrator that there are less than five 5 /10 individuals meeting the qualifications for the class available for referral to the Administrator. The Administrator may request for certification of eligible regardless of the number of eligible in the eligibility listing.

4.102 Maintenance of Distribution Lists

The Personnel Services Administrator upon approval of the Administrator shall establish and maintain distribution lists of public and private agencies or groups, by occupation or other appropriate categories to which appropriate examination announcements or other information regarding prospective examinations shall be sent for further dissemination to prospective applicants.

4.103 Content of Recruitment and Examination Announcements

Each recruitment and examination announcement for an initial appointment or promotion shall contain the title of the class, applicable pay grade, selective certification when applicable, area of consideration, character of duties and responsibilities and examples thereof, closing date and place for filing applications, minimum qualifications for entry into the position, and other information deemed necessary by the Administrator. Appointments other than from an eligibility list, for example by transfer, demotion, or reinstatement shall be bound by the minimum qualification requirements.

4.104 Minimum Period of Recruitment

A. Job announcements shall be posted for at least 10 working days.

B. The Administrator may post job announcements on a continuous basis. Notice of the final closing of such announcement shall be sent to the original distribution list at least one week prior to the final closing date for receipt of applications.

C. The Administrator may extend the period for receipt of applications. Announcement of such extension shall be disseminated to the original distribution list for posting.

4.105 The Application Form

A. The Administrator shall prescribe the Government of Guam universal application form A to be used by applicants, which shall require information covering experience, training, and other pertinent data, indicated as being necessary in the examination announcement. Applications shall be signed and the truth of all statements therein certified to by such signature.

B. The Administrator may not make any pre-employment inquiry about a disability or about the nature or severity of a disability on application forms, job interviews, or in background or reference checks.

C. Medical information received on an employee as a result of an employment requirement shall be filed separate and apart from the employee's active personnel records.

4.106 Acceptance of Employment Applications

A. Applications for competitive examinations shall be accepted only during the filing period specified in the examination announcement. All applications submitted shall be date stamped to indicate the date received by the Human Resources Division.

B. Applications submitted by mail must be postmarked by midnight of the announced last day for filing applications in order to be accepted.

C. Late applications for competitive examinations may be accepted if the examination has not been administered and an eligibility list established. This is provided that the late filer is a Government of Guam employee who can establish to the satisfaction of the Administrator that he was not aware of the job announcement and unable to file a job application due to factors beyond his control (i.e., official off-island training, on extended annual or sick leave, etc.). or justifying compelling circumstances.

D. Application submitted from Department of Labor or other government employment agencies shall be accepted no later than 12:00 noon of the second workday from the closing date specified in the job announcement.

4.107 Evaluation of Applications

A. An eligibility list shall be established no later than one month after the closing date of the position announcement. Failure to establish an eligibility list within one month of the closing date will require that the position be re-announced with a new closing date and that all applications previously received shall be re-stamped and re-accepted to coincide with the new announcement period.

B. The closing date of the announcement shall be the ending date to credit the job applicant's education, experience and training for the position applied for. For continuous job announcements, the ending date to credit the job applicant's education, experience and training shall be the date of application.

C. Applications submitted under a continuous announcement shall be evaluated on a weekly basis.

D. Nurses application shall be evaluated within 24 hours of receipt of application.

4.108 Rejection of Applicants

The Administrator shall not be required to accept applications, or after acceptance and evaluation, establish an applicant as eligible on an eligibility list or allow an applicant admission to an examination when any of the following conditions exists:

A. Conviction of a crime within seven years from date of application, which bears a nexus to the position, applied for, unless otherwise required by statute.

B. Refusal or failure to furnish documents required verifying any statements made in the application.

C. Intentional false statements or deception or fraud in the application process.

D. Failure to attest to the accuracy of information presented on the application form.

E. Failure to submit an application within the announcement period, with exception of Rules 4.106B, 4.106C and 4.106D.

F. Evidence that the applicant has been removed from the position with the Hospital, other Government departments or agencies, or otherwise for reasons which would render him unsatisfactory for the position in the Hospital’s services for the class for which he is applying.

When such finding is made, the Administrator may reject the application and notify the applicant of such action.

4.109 Notification of Rejection of Applicants

A. A rejected applicant shall be notified promptly of such action and reasons for rejection within 10 workdays of the rejection.

B. A rejected applicant shall be permitted to respond in writing or to amend an incomplete application within ten (10) days from the postmarked date of the notice.

C. An applicant may be admitted to the examination with the condition that the applicant shall not be certified as eligible until all the established requirements for eligibility are met and justification of compelling circumstances are provided.

4.200 EXAMINATIONS

4.201 Scope and Character of Examinations

A. Competitive examinations shall be held for initial appointments and promotions and shall be job‑related in nature and designed to reveal the capacity and fitness of the applicant to satisfactorily perform the characteristic duties of the class or position for which the examination is held.

B. Any accepted personnel examining technique may be used, including a verification and evaluation of education, training and experience; tests of skill, knowledge, ability, intelligence or aptitude; medical examinations, appraisals of personal suitability; and any other matters that the Administrator deems appropriate.

C. All examinations shall be either or both:

1. Assembled, wherein the applicants assemble in a designated place at a specific time to take written, oral or performance tests pertinent to the position(s) sought; or

2. Unassembled, wherein interested persons responding to an examination announcement, submit to designated places and by designated times, their records of education, training, experience and such other information as requested in the announcement to be evaluated and rated by a qualified analyst or by a board of rating examiners.

4.202 Parts of Examination

A. The parts of total examination may consist, in various combinations of such selection devices as work sample and performance tests, written tests, individual or group oral examinations, assessment center exams, medical examinations, rating of training and experience and background and reference inquiries. Examination parts will be appropriately weighed.

B. An applicant for any examination must pass all parts of that examination in order to qualify for appointment to a position.

4.203 Education and Experience

If education and experience form a part of the total examination, the Administrator shall determine a procedure for the evaluation of the education and experience qualifications of the various applicants. The formula used in appraisal shall give regard to recency and quality, as well as, quantity of experience and to the pertinency of the education. This procedure shall allow for the substitution of the education for experience, and experience for education within the limits stated in the class standards.

Pursuant to P.L. 26-87 and further amended by P.L. 27-61, All employment in the service of the government of Guam shall have, as a reasonable measure of job performance, the minimum requirement of a high school diploma or a successful completion of a General Educational Development (GED) Test, or any equivalent of a general education high school program, or a successful completion of a certification program, from a recognized accredited or certified vocational technical institution, in a specialized field required for the job. Minimum educational requirements, shall apply to all applicants hired after May 17, 2002 seeking employment in the Hospital.

4.204 Development and Validation of Tests

Tests for each examination shall be developed and validated in compliance with EEO objectives and merit principles, and in accordance with professionally approved validation strategies, such as, content, criterion-related or construct validation where it is technically feasible.

4.205 Admission to Compete in Assembled Examinations

Persons submitting applications during the period specified in the examination announcement shall be admitted to compete in the examination provided, it is clearly shown that requirement for admission is met. Where doubt exists as to whether or not the applicant meets the minimum requirements for admission to the examination, the Administrator may authorize conditional admission. Such action shall not be construed as entitling the applicant to certification or appointment until the Administrator has confirmed such conditional admission. Persons admitted to take an examination must provide a valid document verifying their identity.

4.206 Conduct of Examinations

A. Examinations shall be held at the time and place which is most practical and meets the need of the service, and shall be administered by an authorized representative designated by the Administrator.

B. If an assembled examination is to be administered, qualified applicants shall be notified of the date, time and place of the examination. The Administrator shall not be responsible if a notice is lost or delayed in the mail, or sent to an applicant's former address through failure of the applicant to inform the Hospital of a change of address.

C. No applicant shall be entitled to take an examination at a date, time or place other than that stated in his notification, except as the Administrator may authorize.

D. All applicants for examinations involving physical ability or performance tests (professional competency relative to licensed healthcare professionals) may be required to sign a waiver of liability.

E. All reasonable precautions shall be taken to protect the confidentiality of information about applicants.

F. Applicants with disabilities shall be given reasonable accommodation in the administration of tests.

4.207 Assembled Examinations for Closed and Continuous Announcements

A. For announcements having a specific closing date, and closed announcements, an examination shall not be administered until after the closing date and until such time all applications have been evaluated. Applicants applying under a closed announcement may take the required examination only once and only one eligibility list established.

B. For continuous announcements, the following provisions shall prevail:

1. No examination shall be administered until 10 workdays after the date of the announcement.

2. Candidates who fail an examination may retake the same examination after 30 days have elapsed. Exception to this rule may apply when the Administrator has certified that there are less than five eligibles for each vacancy in a given class of position.

3. An applicant who has passed all parts of an examination for a particular position and who requests to retake the examination for the purpose of upgrading his final earned rating, may retake the examination provided that 30 days have elapsed since his last examination, and provided the announcement has not been closed. The higher score shall be used to determine the final earned rating.

4. When a closing date is announced, a final eligibility list shall be established and no examinations shall be administered thereafter.

4.208 Ratings of Examinations

A. Appropriate psychometrics and measurement techniques and procedures shall be used in evaluating the results of examinations, and in determining the minimum rating by which eligibility may be achieved, and the relative rank of candidates.

B. The Administrator shall set the minimum ratings for each part of an examination. All candidates shall be required to obtain the set minimum passing score for each part of the examination in order to proceed to each successive test. In order to receive a final passing rating, the final earned rating of each applicant shall be determined by combining the earned rating of each part of the examination in accordance with the weights established for each part.

4.209 Notification of Examination Results

Each applicant who participates in an examination shall be given written notice by mail of his examination results. The record of ratings, as well as, examination papers, shall be held as official records for the life of the resulting eligibility lists.

4.210 Inspection of Written Examination Papers

The Administrator shall, upon request of a candidate, authorize such candidate to inspect his own written examination papers, within 30 days of the date of examination and in the presence of a representative of the Human Resources Division, except that when a candidate is scheduled to retake the same examination, inspection shall not be allowed more than five work days prior to the examination date. The privilege of inspection shall not be deemed to include authorization to copy examination papers, or to inspect or to copy examination instructions, questions, or answers.

4.211 Administrative Review of Examination Rating

An applicant may request administrative review of his rating assigned in an examination by submitting to the Administrator, in writing, information to substantiate his request within 10 work days following the date of his examination notice was postmarked. Certification of eligibles is authorized only after the administrative review period has elapsed. Unless the Administrator determines that a delay in services will hamper the operations of a division, certification of eligibles is authorized only after the administrative review period has elapsed.

4.212 Changes in Rating

A. Changes in rating may be made as a result of a discovery of errors in the rating or scoring process, or as a result of an administrative review wherein the facts warrant a change.

B. Rating errors may be corrected throughout the life of the eligibility list.

C. Any such changes shall be reported to the applicants affected.

D. Changes in rating that generally will not affect a certification already issued, or invalidate an appointment already made from the eligibility list.

4.213 Duration of Examination Ratings

A. Examination ratings are good only for the life of the eligibility list and shall not be carried over to a new eligibility list for the same position after a period of one year.

B. Exceptions to this rule shall also apply when minimum qualifications are amended or when written, oral or performance examinations are likewise amended. In this event, the existing eligibility list will be invalidated and candidates must take and pass any and all new examinations, both assembled and unassembled, in order to remain eligible for certification.

4.214 Security of Tests

Examination questions shall, at all times, be maintained under conditions affording maximum security. All precautions to safeguard the confidential nature of examination materials shall be taken. No information concerning the nature of the tests shall be divulged to any person prior to the examination. Proved disclosure of unauthorized release of examination material by any employee shall be the basis for disciplinary action.

4.215 Protection of Confidentiality of Materials

A. Because of the continuing use of the