South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 2 - SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM (MERIT SYSTEM RULE) › Section 19-750 - Single Cooperative Interagency Merit System

Current through Register Vol. 48, No. 6, June 28, 2024
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
A.
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.
B.
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.
C.
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.
D.
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.
E.
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
A.
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.
B.
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
A.
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.
B.
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.