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478-1-.10 PROMOTIONS, TRANSFERS, DEMOTIONS, RELOCATIONS. Amended
SECTION 10.100. PROMOTIONS.
PAR. 10.101. An appointing authority may fill a vacancy pursuant to Section 8.200 by the promotion of an employee. Such employee shall be required to serve a working test period as provided in Section 11.100. The service of a working test period following promotion in the same department shall not affect the employee's status in the lower job. (09-25-97/09-25-97)
PAR. 10.102. Conditional Promotion.
PAR. 10.102.1. If a license or certificate to practice is required as a part of the qualifications for a job or position, the appointing authority may determine a permanent or working test employee to be eligible for promotion to the job. The promotion shall be conditional upon acquisition of the required license or certificate. (08-27-98/09-09-98)
PAR. 10.102.2. A promotion under this provision shall not exceed twelve calendar months except when the employee through no personal fault has not had an opportunity to take the necessary examination for licensure or certification. In such case, the appointing authority may, upon written notice to the Commissioner, extend the promotion for an additional six months. (02-25-93/03-08-93)
PAR. 10.102.3. It shall be the responsibility of the appointing authority to advise the employee of the time required for obtaining the license or certificate. In the event the license or certificate is not obtained within the established time requirement or within the maximum time authorized for the conditional promotion, the employee shall be demoted, transferred or separated as provided in other provisions of these rules. (02-25-93/03-08-93)
PAR. 10.103. Promotional Certification. The appointing authority shall determine whether a candidate possesses the minimum qualifications necessary for promotion to a designated job. (08-27-98/09-09-98)
SECTION 10.200. TRANSFERS.
PAR. 10.201. In General. Any appointing authority may fill a vacancy at any time by the transfer of a permanent or working test employee from another position of the same job or from a position of a job on the same paygrade, subject to the limitations of this rule. In the case of a transfer within the department the status of the employee in the new position shall be the same as the employee's status in the position from which the employee transferred. If the transfer is to a classified position in another department, the employee shall be required to serve a new working test period. (Reference: O.C.G.A. 45-20-2 (16)). (08-27-98/09-09-98)
PAR. 10.202. Transfer To a Position of the Same Job. A permanent or working test employee may be transferred to any vacancy of the same job. (09-27-98/09-09-98)
PAR. 10.203. Transfer To a Position of a Different Job. A permanent or working test employee may be transferred to any vacancy in another job on the same paygrade just as if the vacancy were of the same job provided the appointing authority has determined that the employee meets the qualifications for the job, including any applicable performance test. (08-27-98/09-09-98)
PAR. 10.204. Reserved. (06-27-96/09-20-96)
PAR. 10.205. Interdepartmental Transfer. (Reference: O.C.G.A. 45-20-17) (09-08-92/09-21-92)
PAR. 10.205.1. An employee may be transferred from a classified position in one department to a classified position in another department provided the appointing authority has determined that the employee meets the qualifications for the new position. The applicable provisions of Rule 10 shall apply. (08-27-98/09-09-98)
PAR. 10.205.2. Prior to the interdepartmental transfer of an employee with less than five years of continuous state service, the department to which the employee is transferring may require the employee to execute a written statement acknowledging that a new working test period is required and that the employee retains no rights to any former job or employment in either department. If the department to which the employee is transferring fails to require such statement, the employee shall be considered a permanent status employee in the new job in the department to which the employee transferred. (09-25-97/09-25-97)
PAR. 10.205.3. An employee with five years or more of continuous state service who accepts an interdepartmental transfer shall be required to serve a new working test period in the job in the new department; provided, however, the employee shall retain permanent status rights to the last job in which the employee held permanent status that is on a paygrade lower than the job in the new department; and further provided that the job on the lower paygrade is utilized by the new department. (09-25-97/09-25-97)
SECTION 10.300. DEMOTIONS.
PAR. 10.301. In General. A demotion is the reduction of a classified employee to a position in a job on a lower paygrade. A demotion may be made as provided in Rule 15 or may be made on a voluntary or involuntary basis provided the employee has been determined by the appointing authority as possessing the qualifications for the position to which the employee is being demoted. An employee who is demoted shall retain the same status in the lower position as in the higher, except that an employee on working test who had earned permanent status in the lower class shall be entitled to the privileges that would have been accorded had the employee continued in the lower position. (08-27-98/09-09-98)
PAR. 10.302. Demotion of a Permanent Employee. A permanent employee may be demoted as set forth in Rule 15. (03-20-85/04-08-85)
PAR. 10.303. Voluntary Demotion. If for personal or other reasons, a permanent or working test employee prefers to be assigned to a position of a lower class, the appointing authority may make such demotion. (05-21-69/06-01-69)
PAR. 10.304. Involuntary Demotion.
PAR. 10.304.1. A working test employee may be demoted because of permanent status not being recommended, unfitness to perform assigned duties, negligence or inefficiency in performing duties or for misconduct or insubordination. The employee shall be notified of the action in writing but the action may not be appealed. (09-23-87/11-12-87)
PAR. 10.304.2. A working test or permanent employee may be demoted whenever the appointing authority deems it necessary by reason of shortage of work or funds or reorganization. Such demotion shall be made in accordance with Rule 19, Reduction in Force. (09-08-92/09-21-92)
SECTION 10.400. RELOCATIONS.
Any appointing authority may assign an employee from one duty station to another as a result of transfer, promotion, demotion or relocation of function. Such relocations, if costs are reimbursable under regulations promulgated by the Office of Planning and Budget, will be in accordance with the provisions of Rule 22. (08-27-98/09-09-98)
SECTION 10.500. POSITION LEVEL REDUCTIONS.
When an appointing authority, in accordance with Par. 4.701, determines that the responsibilities of a position have been reduced to the extent that the position would be more appropriately assigned to a job on a lower paygrade, the department head shall reallocate the position to the appropriate job. Such reallocation shall not be appealableto the Board, but the incumbent may request a review of the position level reduction as specified in Section 4.900. (10-23-97/10-27-97)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
