S.C. Code Regs. § § 19-750

Current through Register Vol. 48, No. 11, November 22, 2024

Section 19-750 - Single Cooperative Interagency Merit System

ARTICLE I

MERIT PRINCIPLES

Applicants and employees covered by this regulation, hereinafter referred to as the Merit System Rule, shall be recruited, selected, and advanced on the basis of their relative knowledges, skills, and abilities.

Such applicants and employees shall be protected from discrimination on the basis of political affiliation, race, color, national origin, sex, religious creed, age, or disability. Their treatment shall be with proper regard for their privacy and constitutional rights as citizens.

Employees covered by the Merit System Rule shall be protected against coercion for partisan political purposes. Such employees shall not use their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.

ARTICLE II

MERIT SYSTEM COUNCIL

As provided for in Title 8, Chapter 19 of the Code of Laws of South Carolina 1976, the Single Cooperative Interagency Merit System of Personnel Administration for Grant-In-Aid Agencies of the State shall be administered by a Merit System Council.

The Merit System Rule is the basic requirement covering all personnel in the grant-aided agencies who participate in the Interagency Merit System, except those specifically exempted. When it appears to be desirable in the interest of efficient administration, the Merit System Council may initiate, or a participating agency may request, the amendment of the Merit System Rule. The authority for making any amendments to the Merit System Rule shall be the Merit System Council, based upon a majority vote of the members constituting a quorum.

It shall also be the duty of the Merit System Council:

1. To establish the general policies for the administration of the Merit System Rule.

2. To establish a single office and ensure, in accordance with the Merit System Rule, such staff as may be required for an efficient operation.

3. To establish procedures whereby the Merit System Council may enter into agreements with additional state agencies, municipalities, or political subdivisions to furnish facilities and services in the administration of their merit system programs for a reasonable cost.

4. To hear appeals or establish impartial bodies to hear such appeals on its behalf.

5. To make recommendations, in cooperation with the agencies served, to the Budget and Control Board, legislative committees, and other interested bodies.

6. To make written recommendations to the Governor and the agencies served with respect to any amendments or changes to Title 8, Chapter 19 of the Code of Laws of South Carolina 1976.

7. To promote public understanding of the purposes, policies, and practices of the Interagency Merit System.

8. To review and present, on behalf of the agencies served, written recommendations to the Office of Human Resources with respect to any rules of classification and compensation, records and reports, and any and all rules and regulations affecting proper and efficient personnel administration.

9. To ensure that the total cost of the Interagency Merit System be prorated among the participating agencies as determined by the Merit System Council.

10. To ensure that the fiscal accounting of the funds of the Interagency Merit System be placed in the fiscal section of the Office of Human Resources.

11. To operate under the state classification and compensation plan.

12. To ensure that existing and new equipment purchased in the future shall be carried in the name of the Interagency Merit System and belong jointly to participating agencies in the same relationship as each agency contributed to the total initial cost.

ARTICLE III

ADMINISTRATION OF THE MERIT SYSTEM RULE

The State Human Resources Director shall develop policies and procedures for the administration of the Merit System Rule and shall also administer any other policies and procedures set forth by the Merit System Council.

The Director shall assign employees of the Office of Human Resources such duties as may be necessary for the proper execution of these policies and procedures. All employees of the Office of Human Resources who are assigned such duties shall be appointed in accordance with the Merit System Rule and covered by its provisions.

The State Human Resources Director may delegate to state agencies any merit system functions or activities that he deems appropriate. All delegation of merit system functions or activities to an agency shall be covered by written agreements. These agreements shall constitute a contractual relationship between the Office of Human Resources and the agency and may be altered or terminated only by mutual agreement. Agencies that assume responsibility for delegated functions or activities shall comply with the Merit System Rule, all other relevant state regulations, and any standards, guidelines, practices, and requirements that are specified by the Office of Human Resources.

ARTICLE IV

APPLICABILITY OF THE MERIT SYSTEM RULE

The Merit System Rule is applicable to all state employees engaged in the administration of grant-in-aid programs, regardless of the source of funds of their salaries, when federal laws and regulations require that these programs establish and maintain personnel systems on a merit basis.

Any exemptions must be approved by the State Human Resources Director. If, because of extraordinary circumstances, an agency head wishes to exempt an individual position from the provisions of the Merit System Rule, he shall submit written justification to the Office of Human Resources for approval by the State Human Resources Director.

Notwithstanding the above, employees who serve at the pleasure of an agency head, unskilled or semiskilled laborers, temporary positions, bona fide part-time positions, and time-limited positions established for the purpose of conducting a special project, study, or investigation are, at the discretion of the agency, exempt from the provisions of the Merit System Rule.

ARTICLE V

SELECTION AND APPOINTMENT

Selection for appointment to positions covered by the Merit System Rule (hereafter referred to as "merit positions") shall be through open competition. Appointment shall be made on the basis of merit from lists of applicants who have successfully completed the assessment process (hereafter referred to as "eligible lists") established by the Office of Human Resources for this purpose. The Office of Human Resources, in close collaboration with the agencies served, shall plan the content of recruitment and selection processes. Selection procedures will be job related and will maximize validity, reliability, and objectivity.

The Office of Human Resources shall accept applications as necessary for the establishment of eligible lists. The Office of Human Resources, in consultation with the agencies served, shall determine if the closure of specific eligible lists is appropriate. Names of employees who have merit system status may be placed on eligible lists during periods of closure.

Prior to appointment, an applicant for a merit position must meet the minimum requirements established by the Office of Human Resources for that classification, as well as any additional job-related requirements for that position. However, if an agency head considers that an applicant's qualifications are equivalent to the minimum requirements for the classification, the agency head may request an equivalency from the State Human Resources Director. The State Human Resources Director shall approve or deny such requests.

The Office of Human Resources shall discontinue the processing of the application of any person who does not meet the job-related requirements for a particular position, unless the applicant has received an equivalency from the State Human Resources Director. Additionally, the State Human Resources Director may discontinue the processing of the application of any person who has failed to properly complete or has falsified the application or any supporting materials.

The State Human Resources Director may disqualify an applicant who has directly or indirectly obtained information about a selection procedure to which, as an applicant, he was not entitled. The State Human Resources Director may also disqualify an applicant who has taken part in the development, administration, or scoring of a selection procedure in which he was a competitor.

The Office of Human Resources, in consultation with the agencies served, shall determine the most appropriate selection procedure(s) for each position. Selection procedures may include, but are not limited to, any combination of the following: additional education, experience, knowledges, skills, or abilities that are desirable for the performance of essential job functions; ratings of training and experience; written tests; structured oral examinations; and performance tests. All applicants for a particular position shall be accorded uniform and equal treatment in all phases of the assessment process.

The Office of Human Resources shall establish policies for awarding veterans' preference to eligible individuals.

The Office of Human Resources may modify the selection procedures for merit positions to reasonably accommodate qualified individuals with disabilities. In response to state or federal legislation, the Office of Human Resources may also limit competition for merit positions to facilitate the employment of qualified economically disadvantaged individuals.

The Office of Human Resources is responsible for the maintenance of all eligible lists. An applicant's name shall normally be placed on an eligible list for a period of one year. The State Human Resources Director, in consultation with the agencies served, may extend or reduce the period of eligibility for specific classifications. An employee who has merit system status shall remain eligible for an indefinite period of time, unless changes in the job-related requirements for a particular position result in the determination that the employee does not meet the new requirements.

Upon the expiration of the period of eligibility, the applicant's name shall be removed from the eligible list. The Office of Human Resources shall also remove an applicant's name from an eligible list for the following reasons:

1. Any of the reasons contained in Part B of this article.

2. Reasonable indication that the applicant cannot be located by the postal authorities.

3. Notification from an agency that the applicant has failed to reply to a written interview notice within ten calendar days of the date of the notice.

4. Receipt of a notice from the applicant indicating that he no longer wishes to be considered for appointment to that classification.

5. Notification from an agency that an applicant has been considered three separate times for employment in that classification within the previous twelve months.

6. Appointment of the applicant to a merit position with a pay band that is greater than the pay band assigned to the classification for which the eligible list is maintained.

7. Abolition of the entire eligible list.

8. Receipt of documentation from an agency head demonstrating that the applicant is unsuitable for employment in a particular classification or in merit positions in general.

The Office of Human Resources shall develop methods for grouping eligibles based upon their final scores on the selection procedure(s) used for each position. Appointments to merit positions shall be made from the group of available eligibles identified as most highly qualified for the position in question. If the most highly qualified group does not include a minimum of ten available eligibles, appointments may be made from the ten available individuals with the highest scores on the selection procedure(s).

Merit positions in an agency's central office must be filled through work area preference certification for classifications above Pay Band 4. For appointment to all other merit positions, the appointing authority may request that appointments be restricted to residents of the county where the vacancy exists and, at the discretion of the appointing authority, residents of immediately adjacent counties.

When considering eligibles for appointment, the agency is not required to consider anyone who cannot be located by the postal authorities, who fails to reply to a written notice of the vacancy within ten calendar days, who indicates verbally or in writing that he is not interested in being considered for the position, who has been considered three separate times for appointment to the classification within the previous twelve months, who is considered by the agency head to be unsuitable for employment in that classification or in merit positions, or whose appointment would violate the State Ethics Act.

ARTICLE VI

MERIT SYSTEM STATUS AND PERSONNEL TRANSACTIONS

Any person who is appointed to a merit position in accordance with Article IV of the Merit System Rule shall be required to complete a working test period of twelve months. Upon the satisfactory completion of twelve months of continuous service in that merit position and any other merit position(s) to which the employee was appointed in accordance with Part B of this article, the employee shall be awarded merit system status. In counting the time an employee must serve to complete the working test period, the agency head may allow credit for any prior service of the employee in the same classification, provided the service was satisfactory, continuous, in accordance with the State Human Resource Regulations, and immediately preceded the competitive appointment without a break in service.

Once an employee has been awarded merit system status, he shall retain it as long as he has continuous state service in one or more merit positions.

Any employee who has merit system status may be placed in another merit position or may have his position reclassified. Such movement or reclassification may be accomplished without regard to the competitive requirements of Article V of the Merit System Rule. However, a person may be employed in a merit position only if he meets the job-related requirements for that position or has received an equivalency from the State Human Resources Director. The Office of Human Resources shall be responsible for determining if an employee meets the job-related requirements for a position.

An employee who does not have merit system status may only be placed in another merit position by meeting the competitive requirements of Article V of the Merit System Rule. The reclassification of a merit position occupied by an employee who does not have merit system status may not be effected unless the employee satisfies the competitive requirements of Article V with regard to the new classification.

ARTICLE VII

REEMPLOYMENT, REINSTATEMENT, AND REDUCTIONS IN FORCE

Within two years of the date of separation from state employment, any former employee who separated in good standing while holding merit system status may exercise reemployment and reinstatement rights as follows:

1. At the discretion of a covered agency, the former employee may be reemployed in a merit position without regard to the competitive requirements of Article V of the Merit System Rule. Reemployment is limited to the classification the employee occupied at the time of separation, to other classifications the employee occupied while holding merit system status, or to positions for which the employee was in the eligible lists at the time of separation. The employee must meet the job-related requirements for the merit position or receive an equivalency from the State Human Resources Director. Reemployment shall be with merit system status unless the head of the appointing agency elects to require a working test period.

2. The former employee may request reinstatement to merit system eligible lists. Reinstatement is limited to the eligible list from which the employee's most recent appointment was made, to eligible lists the employee occupied at the time of separation, and to eligible lists for classifications the employee occupied while holding merit system status. The employee must meet the job-related requirements of the positions for which these eligible lists are utilized or receive an equivalency from the State Human Resources Director. The Office of Human Resources shall establish policies for the noncompetitive reinstatement of eligible former employees.

If not exercised within two years of the date of separation, reemployment and reinstatement rights are forfeited.

If an employee holding merit system status is involved in a reduction in force, he is eligible for noncompetitive placement in eligible lists. Such placement is restricted to the lists for any position of an equal or lower pay band than the position occupied at the time of the reduction in force. The employee must, however, meet the job-related requirements for these positions or receive an equivalency from the State Human Resources Director. The Office of Human Resources shall establish policies for the noncompetitive reemployment of eligible former employees.

ARTICLE VIII

MERIT SYSTEM APPEALS

The Merit System Council shall hear appeals from applicants and employees.

Only the following actions are appealable to the Merit System Council:

1. Nonprocessing of an application by the State Human Resources Director for any of the reasons contained in Article V, Part B.

2. Removal of an applicant's name from an eligible list for any of the reasons contained in Article V, Part D.

3. An allegation that the State Human Resources Director, his designee(s), or the appointing agency failed to comply with the provisions of the Merit System Rule.

Any applicant or employee who wishes to make an appeal must do so, in writing, within ten working days of the action that is being appealed. All appeals must be directed to the State Human Resources Director, who shall determine if the appeal is timely and if the action is appealable. If these conditions are met, the State Human Resources Director shall arrange for a formal hearing before the Merit System Council. The State Human Resources Director shall also furnish the personnel office of any covered agency that is involved copies of the appeal and any related information reasonably in advance of the hearing. All parties to the appeal shall have the right to present witnesses and documentary evidence before the Merit System Council. The conduct of the hearing shall be in accordance with procedures established by the Merit System Council. After consideration of the appeal, the Merit System Council shall make its decision within three working days. The State Human Resources Director shall notify the appellant, in writing, of the Council's decision within thirty working days.

ARTICLE IX

EXTENSION OF MERIT SYSTEM

The Merit System may be extended to include agencies or an agency's specific program components that have not previously been covered by the Merit System Rule.

Before an individual who is employed in such an agency or program can acquire the protection, rights, and privileges prescribed by the Merit System Rule, the employee must obtain merit system status.

Merit system status will be awarded to an employee after he has completed twelve consecutive months of satisfactory service in one or more classified position(s), provided such service is continuous, in accordance with the State Human Resources Regulations, and without a break in service. In counting the twelve months of satisfactory service, the agency head may allow credit for service prior to the effective date of the extension of coverage.

An individual may not remain employed in a classification for which he does not meet the minimum requirements. By the effective date of the extension of coverage, the employee must be placed in a classification for which he meets the minimum requirements, or separated from employment.

ARTICLE X

PILOT PROJECTS

The State Human Resources Director may conduct formal pilot projects designed to improve the recruitment, assessment, referral, or appointment processes.

Any portion of the Merit System Rule may be waived for the purpose of these projects for a period of time not exceeding two years. Upon completion, the State Human Resources Director will formally evaluate the project. If desirable, the waiver may, at the discretion of the State Human Resources Director, be extended to cover any additional period of time necessary for the revision of the Merit System Rule.

S.C. Code Regs. § 19-750

Amended by State Register Volume 10, Issue No. 5, eff May 23, 1986; State Register Volume 11, Issue No. 1, eff January 23, 1987; State Register Volume 11, Issue No. 9, eff September 25, 1987; State Register Volume 13, Issue No. 1, eff January 27, 1989; State Register Volume 14, Issue No. 2, eff February 23, 1990; State Register Volume 16, Issue No. 11, eff November 27, 1992; State Register Volume 18, Issue No. 5, eff May 27, 1994; State Register Volume 21, Issue No. 6, Part 1, eff June 27, 1997.