Policy 406.0 - Vacancies and Promotions

I. Policy

The Office of the Commissioner of Higher Education (OCHE) seeks to employ and promote high quality employees who are well suited for their job assignments. A recruitment shall be conducted for all permanent position vacancies. Recruitments may be limited to present employees (internal recruitments) or may be open to all interested persons (external recruitments). The position of the Commissioner of Higher Education is not covered by this policy. Campus administrative/ professional employees may be promoted to vacant administrative/professional staff positions in the Office of Commissioner of Higher Education without a recruitment.

A. Recruitment for Vacancies

Hiring authorities should notify the Commissioner of a vacancy (except Guaranteed Student Loan Program) prior to conducting a recruitment.

1. Internal Recruitments

Hiring authorities may choose to recruit for vacant positions only from within the OCHE (including GSL). Temporary employees who were not hired through an external recruitment procedure, Student Assistance Foundation (SAF) employees, and Board of Public Education employees are not eligible to apply for positions advertised internally. Notices of position vacancies advertised internally shall be posted where vacancy announcements are normally posted in both OCHE and GSL areas for a minimum of five working days. An external recruitment may be conducted after an internal recruitment at the discretion of the hiring authority.

2. External Recruitments

Hiring authorities may choose to conduct an external recruitment for vacant positions. External recruitments shall include notifying the Montana United Indian Alliance of the job vacancy and posting of the announcement on the Job Service web site. External recruitments for vacant administrative/professional positions should also be sent to each campus human resources office. Vacancy announcements shall be posted where vacancy announcements are normally posted in both OCHE and GSL areas when conducting an external recruitment. Additional recruitment sources such as newspaper or journal advertisement may also be utilized. Vacancies for which an external recruitment is conducted shall be open for a minimum of ten working days.

3. Recently Conducted Recruitments

When a position becomes vacant for which an open recruitment was conducted within the previous 9 (nine) months, applicants may be selected from the applicant pool that existed at the close of the previous recruitment. The prior applicant pool may be utilized to fill a position which is very similar to a position for which an open recruitment was conducted within the previous nine (9) months or may be used to fill a vacancy that occurred more than nine (9) months ago with the approval of the Director of Labor Relations and Personnel or designee. If such method is utilized, no individuals outside the original applicant pool may be considered for the position.

4. Temporary Recruitments

When it is necessary to hire an employee for a temporary position, normal recruitment procedures may be modified. Temporary appointments to a classified position for which no external recruitment was conducted may not exceed twelve (12) months for classified positions. Temporary clerical employees may be obtained utilizing the temporary services term contract, a copy of which is available from the fiscal department. Temporary employees may be terminated at any time without a showing of cause, are not eligible to attain permanent status, and may not be considered for vacant positions unless an external recruitment is conducted.

5. Short-Term Workers

When it is necessary to hire an employee for a short period of time, normal recruitment procedures may be modified. Short-term workers may be hired for an hourly wage as determined by the hiring authority (based on consideration of salary range of similar classified positions and may take into account special expertise, critical deadlines, or emergencies), and may not work for more than 90 days in a continuous 12-month period. Short-term workers may be terminated at any time without a showing of cause, are not eligible to attain permanent status, may not be considered for vacant permanent positions unless an external recruitment is conducted, and do not earn leave and holiday benefits.

B. Selection of Employees

1. Whenever a scored procedure is used during screening or hiring eligible veterans, eligible disabled veterans or eligible relatives must be given a point preference in accordance with state law (39-29-101 et seq.). If a scored procedure is not used, preference shall be given to a disabled veteran, eligible relative, or veteran (in that order) over any other applicant having substantially equal qualifications. "Substantially equal qualifications" means the qualifications of two or more persons among whom the public employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons as set forth in 39-30-103 MCA.

2. Consideration should be given to increasing the employment of American Indians and other minorities in accordance with Regent policy. For positions located on an Indian reservation, a hiring preference shall be given to an American Indian residing on the reservation who has substantially equal qualifications for the position in accordance with 2-18-111 MCA.

3. The best qualified employee(s) should be interviewed by a hiring committee which should consist of a minimum of two individuals. Reference checks may be conducted at the discretion of the hiring authority.

4. No person will be hired or promoted without approval of the Commissioner of Higher Education.

C. The EEO Officer shall provide technical assistance regarding the hiring process upon request.

II. Procedures

A. Notice of Vacancies

All vacancy notices shall identify the OCHE or the Montana University System as the employer and shall contain the following minimum information. Additional information may also be included.

1. Job title.

2. Location of the job if outside Helena.

3. A description of essential job duties and minimum qualifications.

4. Requirements such as licenses, travel, shift work, etc.

5. Entry salary and grade for classified positions.

6. Closing date, application procedures and place(s) designated for receipt of applications.

7. The following language: "Reasonable Accommodations: Under state and federal law qualified applicants with disabilities are entitled to reasonable accommodations. Modifications or adjustments may be provided to assist applicants to compete in the recruitment and selection process. An applicant must request an accommodation when needed. If you need any such accommodation, contact the Office of Commissioner of Higher Education (OCHE) at 406-444-6570. TDD users may use the relay service by dialing 711 or 1-800-253-4091."

8. The language: "This position is eligible for veterans preference in accordance with state statute."

9. The phrase "an EEO Employer."

10. If the primary physical location of the position is located on a reservation, or if over 50% of the position's time is performed on a reservation, the following language should be included: "Applicants claiming the Indian Employment Preference must provide verification of eligibility with the application materials."

Newspaper and other advertisements differ from notices of vacancies and should be as short as practical. When possible it is recommended that the EEO Officer or designee review newspaper advertisements and vacancy notices prior to their distribution.

B. Screening of Applicants

The applicant survey portion of the state application shall be removed from the application prior to screening.

C. Application Form

All applicants for classified positions will be required to submit a standard state application form. Resumes may be substituted for the state application when recruiting for professional positions. Additional information such as an application supplement, names of references, and letter of application may also be required. The resume or state application form will be placed in the personnel file of the person hired.

D. Notice of Hire

All applicants must be notified in writing when the vacancy has been filled, the search has been extended, or the search has been cancelled. Applicants or employees who are newly hired or promoted shall be given written notice of their appointment which specifies the date the appointment or promotion is effective and the salary or wage to be received. A copy of such notice shall be included in the employee's personnel file.

E. Records

The following materials shall be included in the documentation for each selection.

1. A copy of the vacancy announcement.

2. A copy of any newspaper or journal advertising if any and a list of all recruitment sources utilized.

3. All application materials and supporting documents.

4. A copy of any rating forms, screening criteria, or other selection procedures used.

5. The names of persons participating in the screening and interviewing of applicants.

6. Correspondence with applicants.

The required documentation must be retained for a period of three years. Selection committees shall forward all documentation to the EEO Officer within two weeks of completion of the process, except the Guaranteed Student Loan and Talent Search Programs shall maintain records on filling vacancies within their program.

References:

39-29-101 et seq. MCA (Veterans Public Employment Preference Act)

Board of Regents Policy 1902

2-18-111 MCA (Indian Employment Preference)