W. Va. Code R. § 95-2-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-4 - Personnel
4.1. Selection, Retention and Promotion. The selection, retention and promotion of all personnel, with the exception of the warden, contract personnel, and volunteers, shall be on the basis of the rules of the Personnel Division as found at 143CSR1.
4.2. Lateral Entry and Promotion. There shall be provisions for lateral entry as well as promotion from within the correctional facility. Lateral entry is the employment of persons from outside the correctional facility. Any individual with the required education, experience, and background should be eligible to be considered for a position at the level at which the person is qualified. While the correctional facility's personnel policies may emphasize promotion from within, there should be provisions for lateral entry to obtain the best qualified persons to fill positions.
4.3. Equal Employment. There shall be equal employment opportunities for all positions.
4.4. Criminal Record Check. In accordance with state and federal statutes, a criminal record check shall be conducted on all new employees to ascertain whether there are criminal convictions which have a specific relationship to job performance. The results shall be documented and placed in the employee's personnel file.
4.5. Psychological Testing. All personnel who directly supervise inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine suitability for appointment and retention. The testing shall be designed to measure basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored, and interpreted by, or under the supervision of, a licensed psychologist.
4.6. Physical Examination. There shall be a physical examination of all employees by a physician at the time of employment. Periodic re-examination may be required to assure adherence to predetermined physical requirements.
4.7. Probationary Term. New or promoted employees shall be appointed initially for a probationary term of not less than six months nor more than one year. After completing a probationary period, employees shall be granted permanent status.
4.8. Expense Reimbursement. Employees shall be reimbursed for all approved expenses incurred in the performance of their duties.
4.9. Personnel Policy Manual. There shall be a personnel policy manual which covers, at a minimum, the following areas: organization; recruitment procedures; equal employment opportunity provisions; job qualifications, descriptions and responsibilities; basis for determining salaries; benefits, holidays, leave and work hours; personnel records; employee evaluation; in-service training; promotion; retirement, resignation and termination; employee-management relations; physical fitness policy; disciplinary procedures; grievance and appeals procedures; statutes relating to political practices and insurance and professional liability requirements. A copy of this manual shall be available to each employee.
4.10. Grievance Procedure. There shall be a written grievance procedure for employees.
4.11. Termination or Demotion. Employees on permanent status have the right to request and exhaust grievance and appeals procedures, including a formal hearing.
4.12. Code of Ethics. There shall be available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.
4.13. Consultants and Contract Personnel. Consultants and contract personnel who work with inmates shall be informed in writing and agree to abide by the correctional facilities' policies on confidentiality of information.
4.14. Personnel Requirements. Personnel staffing requirements shall be systematically determined in all categories on an ongoing basis in order to ensure inmate access to staff and availability of support services.
4.15. Shift Relief Factor. The Division of Corrections shall develop a formula which shall be used to determine the number of persons needed to staff key positions in the correctional facility which considers, at a minimum, regular days off, annual leave, holidays and average sick leave. Positions in the correctional facility which require staffing for more than one shift and/or more than five days per week shall be budgeted for the additional staff needed. Additional factors which shall be included in a formula are days off duty for training, military leave time, and other factors specific to the correctional facility and the jurisdiction.
4.16. Personnel Records. Each correctional facility shall maintain a current, accurate and confidential personnel record on each employee.
4.17. Record Correction. There shall be provision for employees to challenge information in their personnel file and have it corrected or removed if it is proven inaccurate.
4.18. Annual Evaluation. There shall be a written annual performance review of all employees, which is based on defined criteria and is reviewed and discussed with the employee.

W. Va. Code R. § 95-2-4