DAS Statewide Policy

Policy: 40.010.02 1 of 7 Effective: 01/01/2022

State HR Policy

POLICY

STATEMENT:

Oregon state government is committed to a recruitment and selection process,

including reemployment lists and other various appointment types resulting in the

retention of a diverse, qualified and competent workforce.

AUTHORITY:

ORS 240.145(3), 240.012, 240.013, 240.015, 240.145, 240.195, 240.250, 240.306,

240.309, 240.425, 240.570, 659A.043, 659A.046, 659A.052

APPLICABILITY:

All employees where not in conflict with an applicable bargaining agreement, excluding

temporary employees.

ATTACHMENTS:

See Toolkit

DEFINITIONS:

Refer to State HR Policy 10.000.01, Definitions

POLICY:

(1) Recruitments

a) A person shall follow the job posting instructions and submit an official Oregon state government

application within the designated time-period. Agencies have the right to exclude or disqualify

applicants for failing to follow job posting instructions and timelines.

b) Hiring agencies shall not require additional materials besides a resume and/or cover letter for the initial

application. Additional materials such as transcripts, responses to essay questions, or work samples,

may be requested from applicants who advance in the selection process.

c) Hiring agencies shall not require an applicant to possess or present a valid driver license unless the

ability to legally drive is an essential function of the job or is related to a legitimate business purpose.

d) Any recruitment and selection process shall be competitive, unbiased, and of such content as to assist

in determining an applicant’s qualification to perform the work. This includes inclusive job postings and

diverse interview panels which reflect the community being served.

e) Hiring agencies shall post a job opportunity for a minimum seven calendar days when filling vacancies

through an internal or external recruitment process using the Oregon Jobs page.

(A) Job postings shall include all requirements provided in State HR Policy 10.000.01 Definitions.

f) Hiring agencies shall conduct reference checks to verify statements contained in an application or

statements made in an interview and secure further information concerning the applicant’s

SUBJECT: Recruitment and Selection NUMBER: 40.010.02

DIVISION: Chief Human Resources Office EFFECTIVE DATE: 01/01/2022

APPROVED: Signature on file with the Chief Human Resources Office

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State HR Policy

Recruitment and Selection 40.010.02

qualifications prior to making an offer of employment. Reference checks include contacting other state

agencies and public employers. An adjustment may be made to the applicant’s rating if information

obtained materially affects the applicant’s rating of experience, education, training or suitability.

g) Hiring agencies shall develop a process for responding to applicants’ concerns regarding the selection

process.

(2) Types and Order of Applicant Lists

(a) Lists shall be used to facilitate the recruitment and selection process in the order listed below or as

prescribed by the applicable collective bargaining agreement when making any appointment, except

for appointment made as part of workforce adjustments to prevent layoff.

(A) Injured Worker List

(i) This list shall be used as first priority and shall consist of employees with compensable work-

related injuries or illnesses that occurred while employed pursuant to ORS 659A.052.

(ii) The employee must not have waived reemployment rights in accordance with state or federal

law or an applicable collective bargaining agreement.

(iii) The hiring agency shall follow State HR Policy 50.020.03 Reinstatement and Reemployment of

Injured Workers when an injured worker is on the list for the same classification or salary range

the agency is filling.

(B) Agency Layoff List

(i) Individual agencies shall establish a list, as second priority, and shall follow the exhaustion of

the first priority list.

(ii) The list shall consist of permanent and seasonal employees who completed initial trial service

with Oregon State Government and separated in good standing due to layoff or demotion in lieu

of layoff.

(iii) Employees are placed on the list by the classification at separation or demotion within the

category of service specified in ORS 240.195.

(iv) The term of eligibility on the list is two years from date of layoff or demotion.

(v) An individual shall be removed from the list upon the second refusal of a job offer unless an

agency layoff plan allows for additional refusals or when the employee is returned to an

equivalent position from layoff. This does not include temporary or limited duration work.

(vi) The agency shall select among employees on the list of the same classification and category of

service of the position to be filled.

(vii) Any appointments from the list shall be made consistent with the agency’s layoff plan.

(i) Use of this list shall follow the exhaustion of the first and second priority lists.

(ii) An employee may request placement on the list via their agency’s human resources office for

the classifications for which qualified, at an equal, or lower salary range number.

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Recruitment and Selection 40.010.02

(iii) This list shall consist of permanent employees in either the management or classified

unrepresented service who separated due to layoff or unclassified executive service employees

terminated from state service due to reduction in force.

(iv) Employees on the list must have completed initial trial service, if applicable.

(v) The term of eligibility on the list is two years from the date of layoff.

(vi) An individual shall be removed from the statewide layoff list upon the second refusal of a job

offer or when a person accepts a position and has returned to work. This does not include

temporary or limited duration work.

(vii) A hiring agency shall consider and interview those employees who meet the qualifications and

special qualifications, if any, for the position.

(b) After fulfillment of the requirement in (2)(a), other eligible lists may be used when making an

appointment.

(A) Transfer List. See State HR Policy, 40.045.01 Transfers

(B) Internal List. A list of agency employees or state employees who apply and are qualified for the

position.

(3) Use of Applicant Lists

(a) The order in which applicant lists are used is outlined in (2) of this policy.

(b) When a vacant position is to be filled, an agency, when appropriate, shall create an eligible list on the

state’s recruitment system of record.

(A) The hiring agency shall develop and document a valid screening process to select from the eligible

list the most qualified applicants to move forward in the selection process.

(B) The hiring agency shall consider education, work experience, and screening factors consistent with

the State HR Policy 40.055.04, Candidate Preference in Employment.

may include screening application materials, interviewing, skills testing, and reference checking.

The hiring agency may determine the selection stages and screening methods appropriate for the

position.

(i) Agencies may disqualify or not move an applicant forward in the selection process for the

following, but not limited to, reasons:

1. Evaluation or assessment determines the applicant does not possess the job

qualifications;

2. Applicant falsifies statements in the selection process

3. Applicant does not pass required pre-employment checks

agency’s discretion.

(4) Types of Appointments. An agency head shall use one of the following methods to appoint persons to

state service.

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(a) Academic year appointment.

(A) Appointing authorities may extend employment into the period between academic years.

(B) Employees appointed to positions designated as academic years shall be placed on leave without

pay during the period between academic years. Time spent on such leave shall constitute service

for purposes of computing vacation accrual rates, recognized service dates, with appropriate

adjustment, and any other purpose when service time is computed, except for the period of trial

service.

appointment and shall acknowledge their acceptance of the appointment in writing.

(b) Direct Appointment.

(A) An agency head has the delegated authority and discretion to make direct appointments.

(B) Criteria for direct appointment:

(i) A competitive recruitment is conducted and results in no suitable candidates as determined,

documented and certified by the agency head. The recruitment shall be completed within the

previous six (6) months; or

(ii) The appointment is made consistent with a court or administrative order, consent decree, court

or administrative settlement, or negotiated tort claim settlement; or

(iii) The position requires special or unique skills at the professional level. Special or unique skills at

the professional level are those which require specialized knowledge typically acquired from

college coursework at the bachelor degree level or beyond; or

(iv) The position being filled is critical to agency operations and there is a demonstrated need to fill

the position quickly; and

(v) The individual to be direct appointed meets the minimum qualifications of the classification; or

(vi) The individual is appointed as an underfill and will meet the minimum qualifications of the

position within 12 months of the appointment.

(i) The documentation shall be retained for a minimum of three years.

(ii) The documentation shall cite the applicable policy criteria, results of any open competitive

recruitment, the qualification of the individual selected, and the agency appointing authority

authorization signature.

(d) Limited Competitive and Non-Competitive Appointments.

(A) Recruitment for positions using employment programs serving people with disabilities is not limited

by using a list. A limited competitive selection process through such employment programs may

be used to facilitate employment of persons with disabilities;

(B) Recruitment for the economically disadvantaged and non-competitive appointments is limited to

those classifications listed in this policy unless otherwise authorized by the agency. The hiring

agency shall:

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(i) Open a job listing with the field office of the Employment Department nearest the location of the

vacancy when the recruitment is open to the public

(ii) Make affirmative efforts to supplement referrals to create a diverse pool of candidates

(iii) This process may be used for economically disadvantaged persons who meet the following

criteria:

1. Clients of the Department of Human Services programs;

2. Clients of juvenile justice division programs funded by the state.

(iv) The agency shall use the following criteria when reviewing appointing authority or designee

requests for additions to the list:

1. The classification requires minimal or no requisite knowledge or skills;

2. It is impractical to develop an examination; and

3. It is impractical to follow the normal recruiting process.

(v) An appointment is made to designated classifications comprised of unskilled or semi-skilled

positions for which there are minimal or no qualifying knowledge or skills, no screening or no

ranking. Where more than one candidate is referred, the hiring manager may use an interview

process to select the most qualified person.

competitive classes to those persons who meet the criteria. Limited-Competitive and Non-

Competitive Appointment Classifications:

i. 0001, Supported Employment Worker

ii. 0100, Student Office Worker

iii. 0101, Office Assistant 1

iv. 0150, Student Professional/Technical Worker

v. 0321, Public Service Representative 1

vi. 0405, Mail Services Assistant

vii. 1105, Traffic Survey Interviewer

viii. 3769, Experimental Biology Aide

ix. 4101, Custodian

x. 4116, Laborer/Student Worker

xi. 4125, Litter Patrol Worker

xii. 4137, Liquor Distribution Worker

xiii. 14403, Transporter

xiv. 6605, Human Services Assistant 1

xv. 6701, Student Human Services Worker

xvi. 6750, Group Life Coordinator 1

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xvii. 8125, Agricultural Worker

xviii. 8201, Forest Nursery Worker 1

xix. 8202, Forest Nursery Worker 2

xx. 8235, Student/Professional Forester Worker

xxi. 8253, Forest Lookout

xxii. 8254, Wildland Fire Suppression Specialist Entry

xxiii. 8263, Wildland Fire Dispatcher Entry

xxiv. 8340, Fish & Wildlife Technician Entry

(e) Permanent Appointment.

(f) Seasonal Appointment.

(g) Temporary Appointment. See State HR Policy 40.025.01, Temporary Appointments

(5) Alternative Methods for Filling Positions.

(a) All positions shall be filled at the budgeted salary range level and classification.

(b) An appointing authority may use the following alternative methods of filling positions to provide for

situations such as employee development, job sharing, and short-term transitioning:

(A) Crossfill: a position may be crossfilled to a different classification with an equal salary range number

providing an update to establish or modify the position pending in the HRIS.

(B) Doublefill (Non-budgeted position):

(i) A doublefill may occur for any of the following situations:

1. To cover an employee on leave for any reason when a temporary appointment is not

appropriate and a vacant positon does not exist to address the workload need;

2. Short-term transition of employees into impending vacant positions for purposes of training;

3. Establishing position pending the budget system update;

4. When approved or directed by the Budget and Management Section to address budget

issues;

5. Job share.

(ii) Employees doublefilling positions shall meet the minimum qualifications of those positions and

be appointed according to applicable recruitment and appointment policies or collective

bargaining agreements.

(iii) The doublefill method of filling positions shall not be used to permanently increase legislatively

authorized staffing levels.

(iv) Agencies are responsible for monitoring doublefilled positions within their agency.

(v) Agencies are required to document the reason for the doublefill and the plan to resolve the

doublefill in the Chief Human Resources Office human resources information system.

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Recruitment and Selection 40.010.02

(i) Appointment may be from an eligible list or as a direct appointment.

(ii) A position may be underfilled with an individual in a lower salary range number and classification

when there is a reasonable expectation the employee will meet the minimum qualifications of the

allocated level of the position within 36 months of an appointment made from an eligible list or

within 12 months of a direct appointment.

(iii) Upon meeting position qualifications and performance requirements, the employee shall be

changed to the allocated level of the position.

(iv) An employee underfilling shall be advised of the requirement necessary to qualify for the position

they are underfilling.

(D) Overfill: An overfill may occur for any of the following situations:

(i) Establishing position pending the budget system update;

(ii) When approved or directed by the Budget and Management Section to address budget issues

(6) Agency Head Recruitment efforts shall be conducted by the Chief Human Resources Office. The agency

may request to conduct the recruitment with the oversight of the Chief Human Resources Office.

(7) Retention of recruitment records shall be maintained in accordance with OAR 166-300-0040, Personnel

Records.