V.I. Code tit. 3, § 522 (2019)
2019 US Virgin Islands Code|Title 3 - Executive|Chapter 25 - Personnel Merit System, Compensation, Expenses and Miscellaneous Benefits|Subchapter IV - Tests, Appointments, Promotions, and Dismissals|§ 522. Entrance and promotion tests; former Federal Government employees; former employees in unclassified service

 (a) The Director of Personnel shall from time to time conduct such entrance tests and promotion tests as he considers necessary for the purpose of establishing employment lists and promotion lists. The tests shall be competitive and shall be of such character as to determine the relative fitness and ability of the person tested to perform the duties of the class of positions for which a list is to be established, except that with the approval of the Governor a noncompetitive test may be given to an employee for a promotion on the basis of special qualifications of the employee or special or unusual requirements of the service. Tests may be written, oral, physical or in the form of a demonstration of skill, or any combination of such tests. The tests may take into consideration such factors including education, experience, aptitude, capacity, knowledge, ability, character, physical fitness, and other qualifications, as in the judgment of the Director of Personnel enter into the determination of the relative fitness of the applicant. No part of the examination shall be so framed as to solicit information concerning the political or religious opinions or affiliations of an applicant. (b) Upon recommendation of a department head concerned an employee in a department or agency of the Federal Government (1) who enters the service of the Government of the Virgin Islands in a position involving identical or essentially similar duties in the classified service, as a result of the transfer to or assumption by the said Government of the Virgin Islands of the functions theretofore performed by the Federal department or agency, or (2) whose immediately preceding employment was in the Federal service and enters the service of the Government of the Virgin Islands in a position involving identical or essentially similar duties, may acquire classified service status without competitive examination; Provided, That the Director shall in such case prescribe an appropriate noncompetitive examination. (c) The Director of Personnel shall from time to time, and after consultation with department heads, ascertain the duties and responsibilities of positions in the unclassified service (other than Commissioners, Assistant Commissioners and Deputy Commissioners), and subject to the approval of the Governor— (1) cause such positions to be covered into classes of positions within the classified service which require the performance of duties which are identical or so substantially similar in respect to authority, responsibilities and character of work performed and in respect to the requirements of education, experience, capacity, knowledge and skill demanded of incumbents for the proper performance of their duties, that the same test of fitness may be used in choosing qualified appointees and a like schedule of compensation can be made to apply with equity under substantially the same working conditions; or (2) where there are no existing classes of positions within the classified service which are identical or substantially similar, then, group such unclassified positions into new classes in accordance with the criteria set forth in subparagraph (1), above, and cause the same to be covered into the classified service; (3) establish within the classified service appropriate subclassification for positions which by their nature involve such policy making professional or specialized functions as to warrant noncompetitive examinations. (d) An employee who is affected by the above subsection (c) of this section must serve a period of one year before acquiring permanent status in the position, provided that any time which such employee served in a satisfactory status in the unclassified service before transfer to the classified service shall be credited to the one year probationary period. However, upon recommendation of the head of the agency, if the employee had held permanent classified service status in a position involving identical or essentially similar duties immediately prior to accepting the unclassified service appointment, such one year period shall be waived and the incumbent given permanent status.