Vacancies: Identification, Announcements, & Applications

Section 2

Method of Filling Vacancies

Section 2.1

Vacancies: Identification, Announcements, & Applications

The Jefferson County Board of DD encourages the employment of individuals residing in Jefferson County if they have the necessary qualifications. It shall be the responsibility of the Superintendent to establish a recruitment program for the selection and employment of the best qualified individual to fill each position that is created or vacated.

  1. The Superintendent shall post internally and accept outside applicants for a period of three (3) calendar days vacancies which occur or are imminent within the organization, except those cases where an employee is eligible for reinstatement from layoff to the vacant position.
  2. During the posting period, any individual wishing to apply for the vacant position shall submit a written notice of interest to the Superintendent or designee.
  3. The Superintendent or designee shall not be obligated to consider any applications submitted after the close of the posting period.
  4. Qualified individuals applying for the position shall be interviewed by the Superintendent or designee.
  5. If no current employee is deemed to be qualified for the vacant position by the Superintendent, the job shall be filled through selection of qualified outside job applicants.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.2

Administrative/Management Vacancies

  1. The Superintendent shall publicly announce by appropriate means all administrative/management vacancies to be filled.
  2. The administrative/management positions are defined pursuant to Section 5126.22 of the Ohio Revised Code. Additional positions may be designated as management positions by the Board if meeting the intent of 5126.22 of the Revised Code.
  3. The Superintendent shall also post the public announcement of the position within the program facilities.
  4. Qualified applicants from within and outside of the program will be interviewed.
  5. The Superintendent/designee shall not be obligated to consider any application submitted after the application deadline.
  6. In the event additional vacancies occur in the same classification during any six (6) month period following a vacancy described in “A”-“E” herein, said vacancy may be filled from the list of applications submitted pursuant to the original vacancy.
  7. Nothing contained herein shall prohibit the Superintendent from internally posting the vacancy in accordance with Section 2.1(A) of this manual.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.3

Basis for Selection/Disqualification

  1. Appointment to vacant positions from those internal applicants shall be considered on the basis of the applicant’s knowledge, skills, and abilities, previous performance evaluations, attendance record, disciplinary record, and other job-related qualifications as determined by the Employer.
  2. Appointments to vacant positions from outside applicants shall be considered on the basis of the applicant’s knowledge, skills, and abilities, licensure and/or certifications, when applicable, and background checks in accordance with applicable state and federal laws.
  3. An applicant shall be eliminated from consideration if he/she:
  1. Does not possess the knowledge, skills, and abilities necessary to effectively perform the essential functions of the vacant position.
  2. Has made a false statement of material fact on the application form or supplements thereto.
  3. Has committed or attempted to commit a fraudulent act at any stage of the selection process.
  4. Is an alien not legally permitted to work.
  5. Is disqualified for employment pursuant to Ohio Revised Code Section 5126.28.
  1. An applicant may be eliminated from consideration upon other reasonable and legal grounds relating to job requirements.
  2. If an applicant is hired and it is subsequently discovered that any of the above disqualifying criteria apply, the employee will be terminated for dishonesty, incompetency, nonfeasance, or malfeasance.
  3. All classified employees are appointed by the Superintendent.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.3.1

Immigration Reform & Control Act

I. In General

In accordance with the provisions of the Immigration Reform and Control Act of 1986, the appointing authority has adopted the policy set forth below.

  1. The appointing authority shall not knowingly hire or recruit or continue employment of any alien hired after November 6, 1986, without substantiating and documenting that alien’s eligibility in accordance with provisions established by this policy.
  2. The appointing authority has established an employment verification system and shall retain appropriate records establishing that each employee of the Jefferson County Board of DD, hired after November 6, 1986, and who continues to be employed until June 1, 1987, is lawfully authorized to work in the United States as either a citizen or as a properly “documented alien.”
  3. As a condition of employment, the appointing authority shall verify both the identity and the employment eligibility of all applicants considered for employment, by following the steps outlined below.

II. Pre-employment Requirements

  1. All applicants, as a condition of employment, shall be required to complete the biographical information requested by Form I-9 (refer to Form I-9). The applicant shall attest that he/she is eligible for employment and has presented authentic, original documentation of identity and employment eligibility by placing an “X” in the appropriate box in Part I of the form. The applicant shall sign the signature space of Part I of the form and shall submit the form to the appointing authority for review and verification.
  2. The appointing authority shall require the applicant to furnish one of the documents listed below in order to substantiate both the applicant’s identity and employment eligibility:
  1. United States passport
  2. Certificate of Citizenship (INS Form N-560)
  3. Certificate of Naturalization (INS Form N-550)
  4. Unexpired foreign passport which contains:
  1. An unexpired stamp stating “processed for I-551
  2. Has attached thereto Form I-94 bearing the same name and an unexpired employment authorization stamp (Note: If Form I-94 is presented, the appointing authority shall verify that the proposed employment does not conflict with the limitations of I-94).
  1. An alien registration card (INS Form I-15) or resident alien card (INS Form I-551) bearing a photograph of the applicant
  2. A temporary resident card (INS Form I-668) or employment authorization card (INS Form I-668A) containing a photograph of the applicant
  3. Unexpired Employment Authorization Card (INS Form I-668)
  4. Unexpired Reentry Permit (INS Form I-327)
  5. Unexpired Refugee Travel Document (INS Form I-571)
  6. Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-668B)
  1. In lieu of any of the documents specified in II-B of this policy, the applicant may submit to the appointing authority one (1) of the documents outlined below to establish employment eligibility and one (1) of the documents outlined below to verify the applicant’s identity.

Acceptable Documents for Verifying Employment Eligibility:

  1. Social Security Card
  2. Certification of Birth Abroad (INS Form FS-545)
  3. Original or certified copy of birth certificate
  4. Native American tribal document
  5. U.S. Citizen ID Card (INS Form I-197)
  6. ID card for use of Resident Citizen in the United States

(INS Form I-179)

  1. Unexpired employment authorization document issued by the INS

Acceptable Documents for Verifying Employment Identity:

  1. State driver’s license*
  2. State identification card*
  3. School ID card with photograph
  4. Voter’s registration card
  5. U.S. Military Card or draft record
  6. Military dependent’s ID card
  7. U.S. Coast Guard Merchant Mariner Card
  8. Native American Tribal document
  9. Driver’s license issued by a Canadian government authority

For Persons Under Age 18 & Unable to Present A Document Listed Above:

  1. School record or report card
  2. Clinic, doctor, or hospital record
  3. Daycare or nursery school record

*A driver’s license or state identification card shall be accepted by the appointing authority only if the card bears a photograph of the applicant and contains personal identifying information including the applicant’s name, date of birth, sex, height, weight, eye color, and address.

D. If an alien attests to the appointing authority that he/she intends to apply or has applied for legalization or amnesty, the appointing authority need not require evidence of work authorization as specified in ( C ) above; the applicant must, however, provide to the appointing authority evidence of the applicant’s identity.

III. Post-Hiring Requirements

  1. Within three (3) business days after the appointment of the applicant, the appointing authority shall physically examine the documentation presented by the new employee, then complete the remaining portions of Form I-9.
  2. The appointing authority shall retain Form I-9 and photocopies of the supporting documentation for three (3) years after the effective date of hire or for one (1) year from the date of the employee’s separation from service, whichever is later.
  3. Form I-9 and copies of supporting documentation shall not be used for any purpose or provided to any agency or person other than for the purpose of complying with the requirements of the Act.
  4. Should an employee be rehired or reinstated by the appointing authority within one (1) year of the date of separation, the appointing authority may use the original I-9 form and supporting documentation for the purpose of complying with the Act.

IV. Anti-Discrimination Policy

It is the intention of the Jefferson County Board of DD not to discriminate in hiring on the basis of national origin and citizenship status except as otherwise provided by law. The Employer will not discriminate against any citizen or person intending to become a citizen insofar as that person has completed a declaration stating that he/she intends to declare U.S. citizenship within a six (6) months of the effective date of the Act on six (6) months of eligibility for natualiztion.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.3.2

Evaluation of Applicants/Background Investigations (B.C.I. Checks)

I. Evaluation of Applicants

A.Applicants shall be evaluated according to how well their qualifications meet the requirements of the position. Not all applicants will be interviewed for each vacancy. Applicants must submit to reference checks, interviews, background checks, validated performance tests, and/or other job-related screening procedures.

B.An applicant shall be required to provide any information such as transcripts, licenses, and certificates, and undergo any examinations necessary to demonstrate qualification for the position sought, insofar as such information and examination is job-related.

C.The Board seeks to hire and keep qualified individuals who have the goals of the agency in their interest. The Board will not employee or continue to employ any individual who has been convicted of any offense which relates in any way to the duties of a position authorized by the Board. This policy allows the Board to conduct appropriate background investigations of applicants and employees in furtherance of its goals.

II. Background Investigations

  1. All applicants for employment with the Board shall undergo an initial background check in order to determine the fitness of the applicant to provide services to the enrollees or perform other duties for the Board. This background check shall include but not be limited to a request for information regarding any prior criminal convictions or pleas of guilty by the applicant (Reference: ORC Section 5126.28).
  2. Each individual applying for employment shall be notified at the initial interview that a background check shall be conducted on each individual who is under final consideration. The applicant shall be requested to sign an authorization for release of information from his present or previous employer(s) and for criminal conviction from law enforcement agencies in any community in which the applicant has resided, the Bureau of Criminal Identification and Investigation (BCI), and any other state or federal agency. In addition, the Board shall request the Registrar of Motor Vehicles to supply a certified abstract regarding the record of convictions for violations of motor vehicle laws of each applicant who will be required by his employment to transport individuals with developmental disabilities or to operate the Board’s vehicles for any other purpose.
  3. When the initial interview is completed and the applicant is under final consideration for final offer of employment, the Superintendent or his designee shall initiate the following procedures for the background check:
  1. Contact the applicant’s present or previous employer(s) regarding the individual’s work habits and reasons for leaving employment.
  2. Request information pertaining to any criminal convictions or any pleas of guilty by the applicant. This information shall be requested from the law enforcement agency which has jurisdiction in the applicant’s current and/or last area of residence or from the BCI and any other state or federal agency.
  3. Contact personal references submitted by the applicant for information concerning the individual.
  4. Arrange for the applicant to be fingerprinted by the Jefferson County Sheriff’s Office and the fingerprint card forwarded to the BCI, or at the discretion of the Superintendent, any other state or federal agency. It shall be accompanied with a notarized request authorized by the applicant for a report on the criminal record of the applicant. Information shall not be requested on arrests in those cases where there was no conviction or guilty plea. An applicant’s refusal to be fingerprinted or to sign and have notarized the request form shall result in no further consideration of his/her application.
  5. Request a driver’s abstract for all applicants who will transport individuals with mental retardation or developmental disabilities or operate the Board’s vehicles for any other purpose.
  6. Review the findings of the background check(s) and consider them along with other factors in the decision to employ or retain an individual. The applicant shall not be appointed to fill a position in either classified or unclassified service of the Board if the background check discloses information that he/she has:
  1. Displayed work performance patterns which, in the judgement of the Superintendent or his designee, would prevent him/her from performing the essential functions of the position being filled
  2. Been dismissed for good cause from any branch of public service if the reason for dismissal bears a direct and substantial relationship to the position being filled.
  3. A driving record unacceptable to the Board’s insurance carrier for those applicants who are seeking a position in which driving is an essential component of the duties of the position.
  4. Per ORC Section 5126.28 (B), been convicted of or pled guilty to the violation of any of the following:
  1. Any felony contained in the ORC if the felony bears direct and substantial relationship to the position being filled
  2. A crime contained in the ORC constituting a misdemeanor of the first degree on the first offense and a felony on subsequent offenses, if the crime bears a direct and substantial relationship to the position being filled
  3. A violation of an existing or former law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses described in “d(i)” and “d(ii)” of this policy.
  1. Consider the following factors in determining if the offense bears a direct and substantial relationship to the position being filled:
  1. What are the essential functions of the position being filled
  2. Whether the position being filled provides an opportunity for the commission of similar offenses
  3. Whether the circumstances leading to the offense will reoccur
  4. Whether the individual has committed other offenses following his conviction or his conduct since his conviction makes it likely that he will commit other offenses
  5. The number of offenses and the circumstances of each offense
  6. The time elapsed since conviction
  7. The individual’s complete employment history
  8. The individual’s efforts at rehabilitation

The BCI response (and the response from any other local, state, or federal agency contacted) regarding any felony convictions or guilty pleas shall be compared to the information of the application signed by the applicant. If the applicant has been appointed to a position, any falsification on the application which is disclosed by this comparison shall be cause for removal of the employee from his/her position.

Note: In the event that a probationary employee fails to complete his probationary period or does not continue into active employment status at the end of the probationary period, the Board maintains the right to retrieve the cost incurred in obtaining reports, abstracts, or fingerprint impressions.

  1. BCI Records

BCI reports are not public records for purposes of ORC Section 149.43 and shall not be made available to any person except the applicant, board members, or employees responsible for employment, or any hearing officer in a case denying employment. BCI reports will not be maintained in the employee personnel files but will be maintained in a separate file in the personnel director’s office.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.4

Reassignment

  1. A request for reassignment submitted by an employee may be considered by the Superintendent. The Superintendent may honor such a requested reassignment if it is in the best interest of the program.
  2. A request by an employee to be reassigned to another work unit may be granted at the discretion of the Superintendent. In all cases, the needs of the Superintendent (personnel needed, availability of work, skill requirements, etc.) will determine if such a request is granted. The needs of the Superintendent take priority over the wishes of the employee in such matters.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.5

Temporary Assignment

  1. A temporary assignment is defined as the assignment of an individual employee to a classification different from his/her own which has substantially different duties than the employee would normally perform. A temporary assignment shall be effected by the Superintendent to meet the operational needs of the agency, and shall not be made for disciplinary purposes.
  2. An employee temporarily assigned to a position with a lower rate of pay shall not be reduced in pay.
  3. An employee temporarily assigned to a position with a higher rate of pay for more than ten (10) consecutive working days shall receive the base rate of pay for that position, providing the base rate represents an increase. Temporary assignments to a higher level position shall not be used to temporarily promote employees, nor may the temporary assignment be a new position on the Jefferson County Board of DD table of organization.
  4. Temporary assignments shall be for a maximum period of one hundred (100) days.

Original Adoption Date 2/18/99Approved 2/18/99

Section 2.6

Certificates and License Requirements

  1. Certification and license requirements for administrative, supervisory, and instructional personnel shall be those promulgated by the Ohio Department of Developmental Disabilities, Ohio Department of Education, and the Ohio Department of Transportation.
  2. Applicants for any position requiring special licenses or certificates must submit evidence of such license or certification at the time of application.
  3. Eligibility for appointment as a teacher is contingent upon presentation of a valid Ohio teaching license. The Board and Administration are committed to search for persons who hold no less than a provisional Ohio teaching certification. However, in the event that a properly certificated and otherwise qualified candidate cannot be employed, a person with a temporary Ohio certificate may secure a temporary one (1) year appointment.
  4. Temporary certificates are accepted only with the understanding that all conditions must be met for standard certification within the prescribed time frame.
  5. Teachers are responsible for keeping their official transcripts updated and for making application for proper certification.
  6. Employees are responsible for meeting specific renewal requirements in order to maintain certification/ registration.
  7. Failure to maintain current required certification or licenses shall be grounds for disciplinary action, up to and including termination.
  8. Certification or licensure for teacher masters classification must be held prior to being placed in this classification.

Original Adoption Date 2/18/99Approved 2/18/99

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