West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-4 - Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
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.