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
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
examination materials prepared by the Human
Resources Division, and where exposure would jeopardize the
confidentiality of the examination questions, the review of such test materials
shall not be permitted.
B. All examination materials relating to a
particular applicant, or applicants including, but not limited to reports of
character and material regarding personal suitability of the applicant, shall
be considered confidential material.
Such examination material shall be maintained for a period of one year from date the eligibility list was established.
4.216 Special Provisions
Special
arrangement for examinations on a non‑competitive basis, such as, upon
reallocation of position, temporary appointments and for employment of personnel
to entry level labor/custodial positions,
may be made by the Administrator subject to the limitations which follows:
A. Non‑competitive Examinations
The Administrator
may authorize non‑competitive examinations under the following conditions:
1. No more than one person applies who meets
the minimum qualification requirements.
2. Examination given is to test the fitness
of an employee who has a permanent appointment and who seeks transfer to a
position in a class in the same pay grade, but which requires a skill not
required in the present classification.
However, the provisions of the Merit Career Plan shall apply to a
transfer to a position with known promotional potential (KPP).
3. The examination is to test an employee
who has a permanent appointment in a position, which has been reallocated to a
class requiring a new skill.
4. When a permanent position is to be filled
by a temporary appointment.
5. To facilitate the employment of qualified
persons with disabilities consistent with provisions of law and these rules.
6. Examination given is to test the fitness
of a permanent employee who has been previously selected under an announcement
for a position with Known Promotional Potential (KPP) and who is promoted to a
higher grade position.
B. Labor/Custodial Positions
Examinations
of applicants for entry level labor/custodial shall be governed by the
following regulations:
1.
Each applicant for these classes shall, prior
to appointment, qualify by examination, which shall consist of completing a Government
of Guam application form. The Administrator
shall certify the names of the 10 top applicants in order of date receipt of
application.
2. Notwithstanding the limitation of this
rule, the Administrator may at any time prescribe such additional tests for
applicants in these classes, as he shall deem practical and feasible to assure
equitable consideration of all applicants.
C. Appointment of Qualified Individuals
with Disabilities
1. The Hospital shall employ at least two
percent (2%) of the work force with severe
disabilities and certified by the Division of Vocational
Rehabilitation. The
Hospital may meet such requirement through direct employment or by contract
with non-profit organizations employing individuals with disabilities. Such employment shall be on a temporary
limited-term appointment not to exceed a total of six months regardless of
whether the position being filled is budgeted as temporary or permanent.
2. All such individuals with disabilities as
certified by DISID shall possess the qualifications for the position to which
appointed.
3. Nothing contained in this section shall
be construed to deter or prevent the Administrator from employing:
a. Individuals with disabilities when
available and eligible for permanent employment.
b. Individuals with disabilities employed
pursuant to the provisions of Section 4.216.C.3 , if such persons qualify for
permanent employment before the termination of their temporary appointment.
c. If such individual is appointed pursuant
to this section to a permanent position during or immediately after the six
month period, such six months or portion thereof shall be credited toward such
employee's initial probationary period.
d. Appointment of individuals with
disabilities to permanent positions must be consistent with the merit system
requirements. In this exception, if the
immediate supervisor determines satisfactory performance either prior to, or
after the expiration of the six month appointment, the position occupied by the
person with a disability(ies) shall be converted to permanent employment.
e.
If the performance evaluation recommends that
the individual may require an extension of employment, the immediate supervisor
and Department of Vocational Rehabilitation shall develop a revised Individual
Work Rehabilitation Plan to assure successful placement not to exceed an
additional six months, which may include consideration of the Hospital’s
acquisition, or modification of assistive technology devices or services, or
placement to other positions in another Government of Guam department or
agency. Department of Vocational
Rehabilitation shall provide a work coach to assist the Hospital when necessary. Department of Vocational Rehabilitation shall
be responsible to monitor compliance by the departments and/or other agencies.
D. Recruitment
of Retired Nurses & Allied Health Care professionals
a. To the extent that Public Law allows the
re-employment of employee who retired from the Government of Guam Retirement
Fund to be hired for nursing, and certified registered or licensed health care
professional ancillary service positions, all such retired persons hired
hereafter shall be hired at entry level Step 4 for the applicable vacancy.
4.300 PREFERENCE
4.301 Preference Credit for Individuals with
Disabilities
Residents
of Guam who have physical or mental disabilities, but are physically or
mentally able to perform efficiently and safely the duties of the position
applied for, as certified by the Director of Public Health and Social Services,
shall receive a preferential credit of five points which shall be added to
their passing examination score for initial appointment to a position. The preference
credit does not apply to subsequent applications for employment within the Guam
Memorial Hospital Authority after separation.
4.302 Preference Credit for Veterans of the
Veterans
of the Armed Forces of the
4.303 Proof of Eligibility for Veteran's
Preference Credit
Persons
claiming veteran's status must submit their DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge.
A person must have completed at least 180 consecutive days of service in
the Armed Forces of the United States and must have received other than a
dishonorable discharge from such service to be eligible for veteran's
preference.
4.304 Veteran’s
Claiming Preferential Credit
Veteran’s
claiming preferential credit of 10 points shall obtain certification from the
Veteran’s Affairs Administration.
4.305 Preferential Hiring of a Recipient of an
Award or Scholarship
Residents
of
4.400 CERTIFICATION
4.401 Eligibility Lists
Employees
shall be selected from among the highest available eligibles on appropriate
eligibility lists, established and maintained by the Administrator, except
those employees who are demoted, transferred, reinstated or re‑employed. Within the limitations found elsewhere in
these rules, qualified applicants shall be placed on eligibility lists as a
result of examinations. When more than
one competitive examination or area of consideration is announced simultaneously
for a particular class, an appropriate eligibility list shall be established
for each competitive examination or area of consideration for that class.
4.402 Establishment of Eligibility Lists
Names of
candidates shall be placed on the eligibility lists in rank order of qualifying
scores after appropriate examination.
This list shall be designated as an "Eligibility List" for
that class of position and area of
consideration. After the Administrator
has approved the eligibility list, it shall then be considered “established”.
4.403 Ranking of Eligibles
After each
examination, the Personnel Services Administrator shall prepare a list of
persons with passing scores. The names
of such persons shall be placed on eligibility lists in order of their final
earned rating, starting with the highest.
Prior eligibility lists resulting from a continuous examination
announcement shall be merged by ranking the names of all successful applicants
in order of their final earned rating.
4.404 Determination of Rank in Event of Tie
Final earned
ratings shall be calculated in two decimal places and ranked from highest to
lowest. When, upon certification of
eligibles in accordance with Rule of Five (Rule 4.410) a tie score occurs
within the top five/ten eligibles, such tied scores shall not be broken and all
such eligibles shall be certified as being the fifth/10th
eligible.
4.405 Duration of the Eligibility List
An eligible
on a Hospital-wide, Government-wide, or
open competitive eligibility list, shall have eligibility for employment
consideration for one year from the establishment date of the eligibility
list. Once a list is established, its
life should be viable for one year.
Whenever a position is re-announced at the discretion of the Administrator,
and a new eligible is established, the names of eligibles on a former list,
which has yet to expire, shall be combined with those on a new list according
to the final score.
4.406 Hospital-wide
Competitive Eligibility Lists
Hospital--wide competitive lists shall be established consistent with
Rules 4.402 and 4.403 and selections shall be made in accordance with the Merit
Career Plan.
4.407 Government-Wide Competitive Eligibility
Lists
Government-wide
competitive lists shall be established consistent with Rules 4.402 and 4.403
and selections shall be made in accordance with the Merit Career Plan.
4.408 Open Competitive Eligibility Lists
Open
competitive eligibility lists shall be established consistent with Rules 4.402
and 4.403.
4.409 Certification of Eligibles
Certification
of eligibles shall consist of five/10 for entry level labor/custodial or such fewer eligibles as may be
available for the class. Eligibles shall
be certified in the order that they appear on the eligible list provided that:
A. when the fifth /10th for Labor/Custodial)
eligible to be certified is one of two or more eligibles who have identical
examination scores, such two or more eligibles shall be certified
notwithstanding the fact that more than five /10 for Labor/Custodial) persons
are thereby certified to fill a vacancy.
B. For unskilled entry level labor and custodial the top 10 eligibles on the
eligibility list shall be certified.
C. In the event one or more eligibles decline
or fail to respond to an employment interview, the Department Head shall be entitled to such additional eligibles as
would provide him with a full certification. (Refer to Rule 4.412, Supplemental
Certification.)
D. If the
Department Head rejects one or more of
the eligibles certified, he shall submit in writing to the Administrator the reasons for rejection. If the rejections are approved by the Administrator, the Department Head shall be
entitled to such additional eligibles as would provide him with a full
certification. (Refer to Rule 4.412, Supplemental Certification.)
E. A
certification of eligibles shall be effective for no more than 30 days after
the date of certification, unless extended by the Administrator.
4.410 Certification of Eligibles from a Multiple
List
After
eligibility lists are established for a particular job announcement with
multiple competitive examinations or areas of consideration, the Administrator
may request to certify in one of two ways:
A. Merge the list and certify according to
Rules 4.409 and 4.412; or
B. Certify, in accordance with Rules 4.409
and 4.412 from each list in the following order: Hospital-wide,
Government-wide, and Open. Each list
must be exhausted in accordance with these rules before certification from the
next list will be authorized.
Merging Open
competitive lists with Hospital-wide or Government-wide competitive lists is
prohibited.
4.411 Certification of Eligibles for More than One
Vacancy
A. For more than one vacancy, the Administrator
shall certify an additional eligible for each additional vacancy.
B. When the last eligible to be referred is
one of two, or more eligibles who have identical examination scores such two or
more eligibles shall also be certified.
C. For example, when certification is made
for two vacancies, certification of eligibles will appear as follows:
First Ranked
Eligible
Second Ranked
Eligible
Third Ranked
Eligible
Fourth Ranked
Eligible
Fifth Ranked
Eligible
Sixth Ranked
Eligible
The Administrator shall make his
selection according to the following:
1. The Administrator may select two persons
from the six certified to fill two vacancies.
2. Should the Administrator decide to fill
only one of two vacancies is to be filled, he shall be restricted to
select from the first five eligibles on the certification and may not select
the sixth ranked eligible.
3. Should an additional vacancy exist and
certification was not made for such vacancy, the Administrator may not select
from among the six eligibles to fill the third vacancy. He must request an additional eligible and
then make the selection for the third vacancy from among the seven certified
eligibles.
4.
If the Administrator does not wish to select
any of the eligibles certified, he must document the reasons for non-selection
of each eligible, before a new certification is authorized.
4.412 Supplemental Certification
The Personnel
Services Administrator may submit a supplemental certification of eligibles to
provide the Administrator with a full certification.
A. The supplemental certification may be used
only upon failure to appear for an interview, refusal of appointment by
eligibles, or the rejection of eligibles by the Administrator for cause.
B. The additional eligibles to be certified
shall be of such number that will provide the Administrator with a full
certification.
C. The Administrator shall contact eligibles
in descending order to ascertain their interest in the vacant position. If the last eligible contacted is one of two
or more eligibles with identical examination scores, such two or more eligibles
shall also be contacted.
4.413 Selective Certification
A. Upon approval of the Administrator,
selective certification may be made when specific identifiable qualifications
and skills are essential to successful performance of the duties and
responsibilities of the position. The
factors shall pertain to knowledge, skills and abilities pertinent to certain
program operations when these qualifications and skills cannot be readily
acquired after appointment. As a
standard for determining qualifications on a selective factor basis, applicants
must have at least six months of work experience in the particular selective
knowledge, skill or ability or the equivalent in education.
B. Selective certification may also be made
which specifies a Bonafide Occupational Qualification Requirement (BFOQ) when
justified. For example, certification
based on sex is a BFOQ when duties and responsibilities involve certain
institutional or custodial services, which can be properly performed only by a
member of the same sex as the recipient of the services.
C. All selective certifications must be
indicated on the proper job announcement and be job‑related.
4.414 Interview of Eligibles and Notification of
Selection/Non‑Selection
A. The Administrator shall establish
procedures for interviewing certified eligibles for selection.
B. Within 30 calendar days from the date a
selection is made, the Administrator shall notify, in writing, all eligibles
certified as to whether they were selected or not.
C. All applicants selected and accepting
employment with the Hospital must submit a police and court clearance no more
than 3 months from the date of employment offer.
D. All applicants selected and accepting
employment with the Hospital requiring a Chauffeurs license must submit a
traffic clearance in addition to the police and court clearance of no more than
3 months from the date of employment offer.
4.415 Suspension and Removal of Eligible from
Competitive List of Eligibles; Restoration to List
A. The Administrator may suspend or remove an
eligible from an Eligibility List for any of the following reasons:
1. Refusal to two offers of permanent
employment in the class of position for which eligibility has been established.
2. Failure to reply within 15 calendar days
to a written inquiry relative to availability for employment.
3. Appointment to a permanent position for
the class.
4. Failure to
report for selection interview on two (2) occasions after two days from date of
scheduled interview.
5. In the case of Hospital-wide or
Government-wide lists, termination of service with the Government.
6. When further investigation of eligible’s
suitability needs to be conducted.
7. Withdrawal by the eligible.
8. Findings of deception and fraud in the
employment process (ie., cheating, falsification of documents and/or data).
9. Advocates, aids or belongs to any party, organization or
association which advocates the overthrow of the Government of Guam or
10. Conviction of a crime, which bears a nexus
to the position, applied for.
11. Refuses or ignores the requirement to take a
drug test without cause or the verified drug test result is found to be
positive. A positive result will
disqualify the applicant from holding such employment offer made by Guam
Memorial Hospital Authority. In the event the eligible has already received
an appointment, the Administrator shall take appropriate action to ensure the
termination of the employee.
12. Applicant was not selected after two interviews for the same job
announcement.
13.
Failure
to report for duty with the prescribed time unless compelling circumstance is
justified in writing.
B. The following eligibles, upon their
request, may have their names restored to the list of eligibles if the list is
still active:
1. A probational employee who is separated without
cause.
2. An eligible who had been removed from the
list under A.(7) above, and who then makes himself available for employment.
3. An eligible who received an appointment
as a result of this list, then resigned in good standing and wishes to be
placed on the list for future consideration.
This provision applies only to open competitive eligibility lists.
4. An eligible who had been removed from the
list as a result of a positive drug test, and who then submits documentation
that he has successfully completed a rehabilitation program. (Only applicable to permanent classified
employees of the Government of Guam)
4.416 Notification of Disqualification of
Eligibles
An eligible
who is disqualified pursuant to Rule 4.415 shall be notified in writing of such
action and the reasons of disqualification within 10 workdays of the action.
4.417 Cancellation of Competitive Eligibility
Lists
The Administrator
may cancel an eligibility list for any of the following reasons:
A. Changes in the minimum qualifications or
classification standards of a class of position.
B. Abolishment of the class for which the
list of eligibles was established.
C. All eligibles on the list are unavailable
for employment.
4.500 NON-COMPETITIVE ACTIONS
A
transfer is defined as a change from one position to another position of the
same class, or a change to a related position in another class, which carries
the same pay grade and has comparable duties and responsibilities and must meet
the same qualification requirements.
B. Involuntary Transfer
No
employee may be involuntarily transferred to a position, which is unrelated
with respect to duties and responsibilities to the position occupied by the
employee before the transfer.
C. Intra-departmental and Inter-departmental
Upon the
approval of the Administrator (receiving department) employees may
transfer within the Hospital from another Government
of Guam department or agency when the following conditions are met:
1.
The employee meets the minimum qualification
requirements for the position which he seeks movement, including any assembled
examination requirements.
2. Movement is within the same class of
position or from one class of position to another class of position having
comparable duties and responsibilities and qualification requirements.
3. Any such transfer shall require the
clearance of the Administrator and the consent of the employee. The employee shall give the releasing department reasonable notice of the transfer. Prior approval of the transfer is not
required by the releasing department. The
releasing department cannot require the
employee to resign.
4. Any employee affected by this section
shall not have affected adversely his government service, retirement credits,
sick or annual leave and other fringe benefits normally granted to an employee
of the Government.
D. Inter‑Government
The transfer
of an employee of any Federal, State or other local government agencies to the Hospital may be made when the following
conditions are met:
1. the position requires highly developed
skills and technical abilities as determined by the Administrator.
2. the employee meets the minimum
qualification requirements for the position, including any assembled examination
requirements.
4.502 Reemployment
A.
A permanent classified employee who separated
through resignation or retirement while in good standing may be eligible for
reemployment, to the same or comparable position within the Hospital within
four years from the date of separation. For reemployment, the Administrator
must determine that the person has met the current minimum qualification requirements
for the class to which reemployment are requested. A reemployed employee may be hired at not
less than the salary earned at the former position. Reemployment appointments
are subject to the certification procedures as described in these rules. Former employees covered by this rule shall
not be affected by the Merit Career Plan requirements.
4.503 Reinstatement Immediately After Active
Military Service
To
be entitled to reinstatement rights at the Hospital, a veteran must meet all the
following requirements:
A. Leave a classified position at the Hospital
for the purpose of entering the Armed Forces, voluntarily or involuntarily.
B. Have completed his initial probationary
period.
C. Serve for not more than four years plus
any involuntary service thereafter, plus a one year additional voluntary
extension of active duty, if this is at the request and for the convenience of
the Federal Government.
D. Satisfactorily completed the period of
active duty and has a certificate of discharge under honorable conditions.
E. Be qualified to perform the duties of his
position. If the employee is disabled
during military service and cannot perform the duties of his former position,
the employee may be entitled to the
nearest comparable job he is qualified to perform.
F. Prior to enlistment in the Armed Forces,
the employee must have submitted a military leave without pay request to the Administrator
for approval accompanied with a copy of the military orders or other
appropriate documents authorizing such duty.
G. Make timely application for reinstatement
within 90 days after discharge from military service.
Upon
meeting the foregoing requirements, the veteran employee shall be entitled to
reinstatement to his previous position or its equivalent, in the step within
his former pay, to which such employee would have attained before military
service. In the event, the veteran
employee’s former position is reallocated to a higher or lower pay grade,
appropriate pay adjustments shall be made.
An employee on military leave without pay forfeits his reinstatement
rights if he re-enlists or voluntarily extends the original tour of active duty,
except as authorized in C above.
4.504 Voluntary Demotions
A voluntary demotion may be made when the following
conditions are met:
A. The employee meets the minimum
qualification requirements of the position to which he seeks movement,
including any assembled examination requirements.
B.
The employee to be demoted is a permanent
employee and the movement is from a position in which he last held permanent
appointment.
C. Such demotion shall require the prior approval of the Administrator
with the consent of the employee.
4.505 Developmental Promotions under Known
Promotional Potential (KPP) Conditions
A. Promotions without competition may be made
where at an earlier date, an employee was selected under an announcement
(competitive examination) for a position with known promotion potential (KPP)
and the employee is now to be promoted to the higher level position, provided
the employee:
1. has completed the initial probationary
period in the position he currently holds;
2. meets the minimum qualifications of the
higher grade position including any assembled examination requirements; and
3. meets management's developmental criteria
guidelines for advancement to the higher grade position.
B. The types of KPP are:
1. KPP within a class or related class
series not to exceed the highest non-supervisory level position within the
series.
2. KPP within a class series up to the
supervisory position within the series (first line), provided the KPP position
is no more than two levels below the supervisory position.
3. KPP within an organizational program for
supervisory positions not to include the managerial position ultimately
responsible for the operational or conceptual integration, or coordination of
activities within the organizational program.
(NOTE: Organizational charts shall be utilized to
determine the position for KPP.)
C. To be eligible for promotion without
competition when the position is upgraded under these conditions, an employee
must continue to perform the same basic functions and his former position must
be absorbed in the new one. When an
additional position is created, or when the new position is not a clear
successor to the former position, non-competitive promotion is not authorized and the provisions of the Merit Career Plan must be
complied with.
4.506 Detail Assignments
A. A detail is a temporary assignment to meet
management needs of an employee to another position or to a group of specific
duties and responsibilities for a specified period with the employee returning
to his regular duties at the end of the detail. A position is not filled by a
detail as the employee continues to be the incumbent of the position from which
he is detailed, and his salary during the detail does not change. For details
to unbudgeted positions, the department head and/or division manager must
provide to the Administrator a position description and justification for such
detail prior to the detail appointment.
B. Details shall be made only for meeting
temporary needs of the Hospital’s programs, such as:
1. Emergency details ‑ to meet
emergencies occasioned by abnormal workload, change in organization, or
unanticipated absences; or
2. Pending description and formal
classification of a new position; or
3. To replace an incumbent who is undergoing
training.
C. All
details commencing on the first calendar day must be documented and submitted
to the Administrator prior to the effective date
of the detail for approval. No
personnel action shall be transacted unless proper documentation is provided.
D. An employee shall not be detailed while
serving an initial probationary
period.
E. No employee shall be temporarily assigned
or detailed to a position nor, shall the employee assume the duties and
responsibilities of a position other than the one to which he has been
appointed for a period in excess of 90days within a calendar year, unless the Administrator
obtains an exemption upon written application to the Board of Trustees. Such exemption shall not extend beyond the
additional 90 days within that calendar year.
F. An employee in the unclassified position,
or an individual employed under a contract will not be detailed to a position
in the classified service.
G. Nothing in this regulation is intended to
infringe on management's prerogatives in day‑to-day operational
activities which may occasionally require that an employee be assigned, for
brief periods up to 30 calendar days, work normally performed by another
employee.
H. Employees serving on a detail of 30
calendar days in a position
having a higher pay grade than his regular position, shall receive a payment
differential in accordance with Rule 6.009, provided the detail appointment is
consistent with classification principles as determined by the Administrator.
I. Employees serving a detail in excess of
30 calendar days in a position having a lower pay grade shall not have their
pay adjusted to the lower pay.
J.
An employee may not be detailed beyond 90 calendar
days to any classified position, unless the employee has met all of the qualification
requirements of the position.
4.507 Acting Capacity as Administrator
The
Board, at its discretion, may appoint a classified or unclassified employee to
serve temporarily in an acting capacity as Administrator not to exceed one year.
An
employee so appointed has the right to return to the position the employee held
immediately before the appointment to serve in an acting capacity after the one
year period is exhausted. The time
limitation of this section may not be circumvented by an interruption in the
appointment to an acting capacity or by transfer back to the position the
employee held before the appointing for a period of less than 30 days. Such employee shall receive a payment
differential according to Rule 6.009.
4.600 TYPES
OF APPOINTMENTS
4.601 Permanent Appointment
A permanent
appointment is granted to an employee after successfully completing an initial probationary
period in the permanent position.
4.602 Probationary Appointment
A. Probationary Period
The
probationary period shall be utilized as fully as possible to determine the
fitness of the employee for the position.
B. Initial Probationary Period
An initial probationary
period shall be required when an individual who has not obtained permanent status is appointed a permanent position. This also applies to former employees who
have not been employed in the Government of Guam service after four years of
separation in good standing.
C. Duration of Probationary Period
1.
Initial probationary periods will be for six
months, except that service as a result of the six months employment program
provided for placement of persons with severe disabilities may be credited
consistent with statute. Employees
holding classified positions under temporary employment, who are subsequently
appointed to the same position under a permanent appointment, shall be credited
for time served towards their probationary period under temporary appointment.
2.
In entry level trainee positions, the
probationary period may be established at not more than 12 months, upon the
request of the Department Head and/or Division Manager and approval of the Administrator.
3. Upon the
request of the Administrator he may extend an initial probationary
period not to exceed a total of 12 months.
Written notice of the extension shall be given to the employee by the
appointing authority prior to the expiration of the probationary period. The Administrator
prior to the expiration of the probationary period shall give written notice of
extension to the employee.
D. Discontinuance of a Probationary
Appointment
If the employee fails to render
satisfactory service during the initial probationary period, the Administrator
may dismiss him provided he has served a probationary period of at least three
months.
The Division Manager shall submit a recommendation for dismissal,
together with the employee’s performance evaluation report, to the
Administrator for his approval.
The dismissal notice shall indicate the effective date of the
action. Failure by the Administrator to submit
a probationary letter to the employee prior to the expiration of the established end date of the probationary
period does not grant him permanent status.
Employees
dismissed while completing an initial probationary period may appeal the
dismissal only if the employee alleges that the dismissal was discriminatory
based on sex, race, color, creed, religion, age, marital status, political
affiliation, disability, or national origin.
Submission of such appeals shall be in accordance with the EEO Discrimination
Complaint Procedures adopted by Commission.
When an employee
who is serving an initial probationary period receives an unsatisfactory
performance for the first month in
which extenuating circumstances affects the delivery of patient care negatively
the Administrator may terminate
employment of the employee.
4.603 Temporary Appointment
A. Limited‑Term Appointments
1. Limited‑term appointments may be
made to fill vacancies temporarily in permanent positions, where there are no
eligibles or an insufficient number of eligibles for that particular position.
2. Where limited‑term appointments are
proper, the appointments shall not be made until the Administrator certifies
the candidate has qualified for the position.
3. Limited‑term appointments are for a
specified period not to exceed one year.
4. Limited‑term appointments may be
made without competition, except that any person appointed on a limited‑term
basis must meet all qualification requirements including any assembled
examinations.
5. Limited‑term appointments are
unclassified appointments and may be terminated at any time prior to the
expiration of one year.
6. Employees appointed on a limited‑term
basis shall be given the usual employee benefits.
7. Limited‑term employees do not serve
a probationary period.
B. 90 Day Appointments
Temporary
appointments shall be consistent with the provisions of GCA, Title 4, Rules
4102(a)(6) and 4103(e) as follows:
1. A person may not be temporarily employed
in a non‑professional capacity for more than 90 work days or 720 hours in any calendar
year.
2. A person may not be temporarily employed
in a professional capacity for more than 90 work days or 720 hours except upon
a written contract and determination by the Administrator
that such employment is critical to either the public health, safety or welfare
of the community. (A person is employed as a professional if the person's job
description in the Dictionary of Occupational Titles published by the U.S.
Department of Labor, has as its first digit zero or one. Any person whose job description does not
have as its first digit zero (0) or one (1) shall be deemed to be a non‑professional
employee.)
3. The following provisions shall apply to
appointments made consistent with Sub-rules (1) and (2) above:
a. A classified employee who fills a
temporary classified or unclassified position has classified employment status
absent other controlling legislation.
b. A newly hired employee who fills a
temporary classified or unclassified position has unclassified employment
status.
c. Such temporary appointments shall be made
without competition, except that any person appointed on a temporary basis must
meet the minimum qualification requirements and satisfy all examination
requirements for the position as determined by the Administrator prior to
appointment.
d. A person appointed on a temporary basis
shall not perform the duties and responsibilities of a position other than that
to which he was appointed.
4. Nurses and licensed healthcare
professionals pending completion of the pre-employment physical requirement
shall be hired as temporary employees not to exceed 90 days. Failure to complete the physical examination
requirement on the 90th day will result in termination.
4.604
Per Diem Appointment
An
established pay policy and
administrative procedures for the compensation and employment of Hourly Per
Diem Health Care Professionals willing to work limited hours to supplement the
Hospital’s full time and part-time workforce.
This provision is subject to
the Administrative Adjudication process whenever the Hospital requires a change
in the policy as define in Public Law 28-68.
A.
Health Care professionals are defined as Registered Nurses,
Technologists, Therapists, Pharmacists or other licensed professionals as
defined by the Dictionary of Occupational Titles as “0” or “1” classifications.
B.
Per Diem Health Care Professionals participating in the pool may work a
minimum of four (4) hours daily, up to a maximum of thirty (30) hours per pay
period.
4.605 Part
time Appointment
A. The Hospital may employ part time persons practicing the
healing arts as defined in Subsection (b) of 10 GCA§12101 or certified and
registered ancillary service.
B. The Hospital may employ part-time non-licensed, non-certified,
and non-registered personnel in direct patient care areas provided no more than
four (4) persons shall share a single FTE, and the total compensation will not
exceed the total funds provided for the salary appropriated for the utilization
of one (1) FTE.
4.606 OTHER
TYPES OF APPOINTMENTS
A. TGI
THURSDAY PROGRAM APPOINTMENT
1. TGI Thursday
is a government of
2. Employees
volunteering under the TGI Thursday program shall submit an application to opt
into the program to the Administrator certifying that the employee’s opting
into the program is completely voluntary and without pressure from any
supervisor. The employee will also
indicate which day of the week that person would like to take off without
pay. Upon approval by the Administrator
he shall forward the approved application to the Human Resources Division for processing.
3. No full time
employee who opts to take one (1) extra day a week off without pay shall, as a
result of opting into the Program, lose any benefits the employee received
before opting into the Program. Opting
into the Program shall not affect the employee’s accruement of years of service.
B. QUALITY
TIME PROGRAM APPOINTMENTS
1. A program that allows full-time
government of
2. Any full-time employee who voluntarily
chooses to opt into the “Quality Time” program shall submit an application to
opt into the program to the Administrator certifying that the employee’s opting
into the program is completely voluntary and without pressure from any
supervisor. Upon approval by the Administrator
he shall forward the approved application to the Human Resource Division for
processing.
3. No full-time employee who opts to work
twenty (20) thirty (30) hours a week at fifty percent (50%) of their full-time
salary or seventy-five (75%) of their full time salary shall, as a result of
opting into the program, lose any benefits the employee received before opting
into the program. The employee’s
accruement of years of service for the purposes of retirement shall be in accordance
with §8114 of Article 1, Chapter 8 of Title 4 of the Guam Code Annotated.
The Administrator
may consider granting the employee’s request provided that the reasons for
shortened work hours are compliant with policy and that the absence of the
employee does not hinder the operations of the Hospital.
4.607 Employment
Contracts (Personnel Services)
A.
Employment contracts shall not be used as a
substitute for merit system employment.
The Hospital will not contract for personnel services, which normally
are performed by employees under the merit system, unless every effort has been
exhausted to recruit on-island. Such
effort must be documented to prove there was lack of qualified individual
on-island.
B.
Employment contracts for personnel services
may be used only when the use of a contract is in accordance with all legal
provisions, including the merit system, laws, and rules.
C.
All employment contracts
shall, after approval by the Board, Attorney General and BBMR be submitted to
the Governor for his signature. All employment
contracts of whatever nature shall be executed upon the written approval of the
Governor.
D.
Factors to be considered
which could provide an adequate justification for use of contracts with
individuals for services; include:
1. emergency short‑term (less than two
months) normally exempt from competitive appointment methods;
2. part‑time professional work;
3. inability of the Hospital’s merit
personnel system to provide qualified employees;
4. contract for expert consultation services
not available in the Hospital, when full‑time employment is not needed or
practical, or when the need is intermittent or for a short period of time. Such an expert might provide views or
recommendations, but would not perform or supervise the performance of any of the
Hospital's functions;
5. part‑time services of a medical,
dental, or other professional specialists; and
6. contract with an individual to produce a
product such as an individual research paper.
E. Nurses and Other Allied Healthcare Professionals, except Hospital Physician
1. Employees hired under a full-time
contractual appointment shall upon the expiration of his contractual
appointment be converted to the classified services to the next step provided
they meet the following criteria:
a. The employee competed and selection was
made through the merit system process as established in this chapter upon the
offering of a contractual appointment.
b. The contractual agreement is binding with
the Governor’s approval.
c. That the employee’s pay grade and step is
not more than step 10.
d. That
the contractual appointment is not breached.
2.
That the employee upon converting to the
classified service shall serve and complete an initial probationary period of
six months satisfactorily.
3.
Any incentives and/or retention pay shall apply.
4.
Certification and other pay type eligible for
the employee shall be consistent with the Personnel Rules and Regulations as
established for the hospital and/or health care professionals mandated by law.
2.
Employees hired contractual beyond step 10,
shall require the Board of Trustees approval to convert to the classified
service.
4.608 Vacation
Employment for Students
The Administrator
may employ during the vacation period between school years, at a rate not
exceeding the minimum wage specified any applicable Federal or Guam law,
students of the various public or private schools in Guam who are at least 16
years of age, provided that such employment may not exceed eight hours in one
day and five days in one week and that such employment may not be of a
hazardous nature or in any way injurious to, or endangering the student. Students employed under the authority under
this section shall not be eligible for retirement, sick, or annual leave
benefits.