Wyo. Code R. 006 | Wyoming Administrative Rules 006 — Administration & Information, Dept. of

12 Director's Office

Chapter 1 Department of Administration and Information Services and Fees to Boards and Commissions

Wyo. Code R. 006.0011.1.03022015 Department of Administration and Information Services and Fees to Boards and Commissions

CHAPTER 1

DEPARTMENT OF ADMINISTRATION AND INFORMATION SERVICES AND FEES TO BOARDS AND COMMISSIONS

Section 1. Purpose.

These rules are created under Wyo. Stat. Ann. § 33-1-302(a)(viii) (House Enrolled Act 40 (2014)) which requires the Department of Administration and Information (Department) to promulgate rules setting forth the rate that licensure boards and commissions shall pay to the Department for services necessary to support the operation of the board or commission. The rules also describe how a board or commission may request to terminate the Department's required services.

Section 2. Scope.

Except as otherwise specifically provided by statute, these rules apply to any board or commission who is authorized to establish examination, inspection, permit, or licensure fees for any profession or occupation regulated under title 33 or under Wyo. Stat. Ann. §§ 11-25-105, 21-2-802, or 23-2-414.

Section 3. Reimbursed Expenses/Rates and Service Agreement.

(a) Each board or commission described in section 2 of these rules shall receive budget, fiscal, administrative, and clerical services from the Department. The Department will utilize its professional licensing board section (the PLB) in performing these services. In return, each board or commission shall reimburse to the Department the expenses incurred by the PLB performing the work for the board or commission at the rates described below:

(i) Administrative fee - this is calculated as a percentage of the cost of payroll, including salary, overtime, and benefits, for all PLB employees providing services to the boards and commissions, hereinafter referred to as total payroll. For instance, if the PLB employees spend ten percent (10%) of their time providing services to a specific board or commission, that board or commission is responsible to reimburse the Department ten percent (10%) of the PLB's total payroll.

(ii) Telephone charges, including conference calls and long distance phone calls;

(iii) Copier charges;

(iv) Supplies;

(v) Information technology costs; and

(vi) Other necessary expenses incurred by the PLB in providing the necessary services.

(b) The above mentioned expenses and rates shall be memorialized in a written interagency service agreement between the board or commission and the PLB.

(i) Description of all PLB services provided to the board or commission;

(ii) Description of the board's or commission's responsibilities; and

(iii) Description of how the PLB's expenses will be calculated and billed to the board or commission.

Section 4. Termination of Department Services.

(a) A board or commission may request to not utilize the PLB's services under Wyo. Stat. Ann. § 33-1-302(a)(viii) and request to terminate the services upon demonstration to the Department that the board or commission is financially independent and able to secure staff to perform the functions necessary of independent operation. In determining whether a board or commission is financially independent and able to secure staff to perform the functions necessary for independent operation the Department will look at several factors, including but not limited to :

(i) Whether the board's or commission's revenues meet or exceed its expenditures for one fiscal year or licensing cycle;

A. Newly created boards or commissions may demonstrate this requirement through its first year budget projections.

(ii) Whether the board or commission has any outstanding fiduciary obligations/debts; and

(iii) Whether the board or commission is financially able to employ qualified staff to perform the board's or commission's necessary tasks.

(b) To request termination of the PLB's services, the board or commission shall submit a request in writing to the Department on a form provided by the Department. The form may be requested from the Department at its office. The board or commission shall also provide all documents requested by the Department.

(c) Upon receipt of the written request and all required documents, the Department shall review the request and determine, at the Department's sole discretion, whether the board or commission may terminate the PLB's services under Wyo. Stat. Ann. § 33-1-302(a)(viii).

(d) The board or commission will be notified in writing of the Department's decision including the specific reasons for denying or granting the request.

(e) A board or commission may at any time after terminating services request the PLB's services. The board or commission will be required to enter into a service agreement with the Department.

Section 5. Continuing Obligation to Notify Department.

(a) If the board or commission is allowed by the Department to terminate the PLB's services, the board or commission has a continuing obligation to promptly notify the Department in writing if at any time it no longer satisfies the conditions outlined in section 4(a) of these rules, including the specific factors outlined in the approval letter that the Department relied upon in approving the termination request.

(b) Upon written notification by the board or commission that it no longer meets the conditions in section 4(a) of these rules, the PLB and the board or commission shall promptly enter into a service agreement described in section 3 of these rules.

History

Effective 2015-03-02

Chapter 2 Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records

Wyo. Code R. 006.0011.2.09062016 Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records

Chapter 2

Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Section 1. Authority. These rules are promulgated under the Department of Administration and Information's rule-making authority established by W.S. 16-4-204(e).

Section 2. Purpose. The Department of Administration and Information hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

Section 3. Definitions.

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(c) "Electronic public record" is a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record.

(d) "Information technology staff" are employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records.

(e) "Professional staff" are employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under W.S. 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts orphotographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

Section 4. Electronic Public Records.

(a) Production and Construction Costs. Under W.S. 16-4-202(d)(i), a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services.

(b) Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records.

Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold.

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(d) Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre-pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request.

(e) Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records.

(f) Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(g) Request Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and

(e) apply to electronic public records.

Section 5. Non-Electronic Public Records.

(a) Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. $0.10/page

(ii) Electronic Media (disk, thumb drive, etc.). Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. Actual Cost

(ii) Facsimile. Actual Cost

History

Effective 2016-09-06

11 Human Resources Division

Chapter 0 Appendix A - Definitions

Wyo. Code R. 006.0010.0.06072019 Appendix A - Definitions

APPENDIX A

DEFINITIONS

The following definitions are an integral part of the State of Wyoming Personnel Rules and whenever used in these rules, policy, interpretation, memorandum, correspondence or any personnel related matter these terms shall be understood to have the following meanings:

Administrative Review. Removal from State premises of an employee who has been charged with or is under investigation for the commission of a crime which would raise reasonable doubt concerning the employee's suitability for continued employment; or allegations of misconduct have been made and, if confirmed, the employee's presence on the job may be detrimental to the operation of the agency.
Agency. A department, board, commission or council of the Executive Branch of government; an agency may be governed by a board, commission, council, or may be directly accountable to the Governor.
Agency Head. The director of a State agency; the director may be responsible to a governing board, commission, council, or directly to the Governor.
Agency Management. An agency head, supervisor or other employee having the authority to exercise management rights, develop management policies or to effectively make such recommendations requiring the use of independent judgment not of a routine nature.
Applicant. A person who has submitted a State application to the Human Resources Division according to prescribed instructions and procedures.
Applicant Pool. A list of candidates who have passed the required minimum qualifications and have otherwise been determined to be eligible for appointment to specific classes.
Appointing Authority. An agency head, a person having constitutional or statutory authority to appoint candidates to positions or a specified management employee having lawfully delegated authority to appoint candidates to positions in the agency.
Appointment. The final selection of a candidate by an appointing authority subject to the approval of the Human Resources Division.
At-Will Appointment. An appointment of an individual to a position which is either statutorily required or approved by the Human Resource Division to serve at the pleasure of the Governor or Agency Head.
At-Will Employee. An employee whom has no expectation of continued employment and may be dismissed at any time without cause or reason.
At-Will Contract Employee. An individual hired by the State of Wyoming to provide technical or professional services through a contract which clearly states the duties, responsibilities, and benefits for a specific period of time. The terms and conditions of employment are defined in the contract.
Behavioral Competency. Behaviors obtained through formal or non-formal education, work experience, or other means. They are described in observable and measurable terms that are necessary in order to perform a particular type or level of work activity. They are behavioral characteristics, defining qualities each employee needs not only to be successful at their job, but to excel in carrying out the mission of the State.
Bonus Payments. Money or an equivalent given as an addition to an employee's usual compensation as a non-base pay adjustment.
Break in Service. See Separation.
Call-Back Pay. A non-base pay adjustment given to a non-exempt employee who is called back to work during other than normally scheduled work hours.
Candidate. A person who may be given selection consideration for appointment.
Candidate Group. Those applicants who may be given selection consideration for appointment from the applicant pool.
Class or Classification. A set of similar positions classified to the same grouping and designated by a class title and class code. Class and Classification are interchangeable terms under these rules.
Compensation Adjustment. A change in the base pay for an employee who remains in the same position number and the same classification.
Compensatory Time, Non-Exempt. Time which may be taken with pay for overtime worked by a non-exempt employee.
Compressed Work Week. A compressed workweek is a forty (40) hour work week completed in fewer than five days by increasing the number of hours worked per day.
Core Functions. Core functions of a job are the reason the job exists.
Day. A calendar day, unless otherwise specified.
Disciplinary Suspension. Suspension from State service of an employee, without pay, for cause for up to thirty (30) days in a calendar year.
Dismissal. Involuntary separation from State service.
Educational Compensation. Compensation of up to 100% of an employee's base pay during the time when educational leave is granted.
Eligible Applicant. Applicants who have passed all appropriate examinations, have been approved by the Human Resources Division as meeting minimum qualifications and from whom selection consideration for appointment to a specific recruitment has been determined.
Emergency Appointment. An appointment made in response to an emergency, threatening public health, safety or welfare.
Emergency Employee. An at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
Employee. A person working in and compensated by the Executive Branch of State Government, over which management has the right to direct and control the way the person works, both as to the final results and as to the details of when, where and how the work is done.
Employee Status. A designation based on the most recent of the following types of appointments: probationary, permanent, temporary, emergency, intermittent, at-will, or intern.
End of Service Leave. Use of accrued unused vacation leave when terminating from state service for any reason except disciplinary action in lieu of receiving a lump sum payment for accrued unused vacation leave.
Ex-parte Communication. Communication with one side or one party of a grievance without the other party present.
Exempt Paid Time Off. Time which may be taken by an exempt employee as authorized leave with pay for having worked on an official state holiday.
Equivalent Service. The amount of Executive Branch service, calculated on the basis of the number of months actually worked or on authorized leave (except leave without pay, educational leave or disciplinary suspension).
Evaluation period. The length or portion of time established under a performance management system for reviewing employee performance.
Examination or Exam. Any process, procedure, rating, interview, test, evaluation or assessment, whether scored or not scored, formal or informal, which affects a person's eligibility for, or consideration for, appointment.
Executive Employee. An individual appointed by the Governor or a state board or commission to serve as a cabinet director or separate operating agency director. This does not include the executive secretary or director, board administrator or head of a board or commission.
Exempt Employee. An employee who is not required to receive overtime in accordance with the Fair Labor Standards Act.
Factors. Elements used to determine a job's value to the Executive Branch of State Government.
Family. An individual with any of the following relationships to the employee: spouse; biological parent; adoptive parent; step-parent; foster parent; parent-in-law; legal guardian; biological child; adopted child; step-child; foster child; child-in-law; legal ward; full-sibling; half-sibling; adoptive sibling; step-sibling; foster sibling; sibling-in-law; biological grandparent; adoptive grandparent; step-grandparent; grandparent-in-law; biological grandchild; adopted grandchild; step-grandchild; grandchild-in-law; or any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Flextime. Flextime allows the employee, with the agency head's approval, to choose an arrival and departure time within a specified time period as their regular work schedule.
Focal Date. A date in which employees are evaluated annually (i.e., September 30th).
Full-Time Position. An authorized position funded for a salary expenditure of at least forty (40) hours of work per week.
Furlough. Unpaid leave approved by the Governor.
Geographical Area. An area surrounding a work location which includes those places within a distance from which an employee would reasonably be expected to be willing to commute to work. For purposes of these rules such distance will normally be considered to be fifty (50) miles from the work location.
Goals. Specific, measurable, attainable, relevant, and time based acts or processes, based on the primary areas of responsibility that are a regular part of the job or based on a particular assignment or special project, that reflects and establishes what shall be accomplished during the performance evaluation period.
Grievance. Any dispute, excluding discrimination, dismissal, involuntary separation due to a reduction in force or performance evaluation rating, between a permanent employee and management of the employee's agency which involves the interpretation or application of a statute, rule, executive order, or policy concerning personnel practices and/or working conditions.
Holiday Premium, Exempt. Exempt employees who are required to work on the holiday shall be granted paid time off at the rate of one and one-half hours off for each hour worked.
Holiday Premium, Non-exempt. Non-exempt employees who are required to work on the holiday shall be granted either holiday premium pay or compensatory time at one and one-half times their compensation rate for all hours worked.
Hours of Work. Generally, hours worked includes all time the employee is required to be on duty or on the agency's premises or at a prescribed work place and all time that employee is suffered or permitted to work for the State.
Human Resources Division. The Human Resources Division (HRD) of the Department of Administration and Information established pursuant to W.S. 9-2-1019 through 9-2-1022.
Interim Assignment. The assignment of an employee to a different position for a period not to exceed twelve (12) months.
Involuntary Reassignment. An unsought appointment of a permanent or probationary employee, by the employee's agency head or designee, due to a reduction in force or unsatisfactory work performance, or other demonstrated reason affecting the accomplishment of program goals. Such appointments will be made to a different position in a different classification having the same or lower grade than the employee's current classification.
Job-Shared Position. See Time-Shared Position.
Layoff. See Reduction in Force.
Leave. An authorized absence from work during normally scheduled working hours.
Management Employee. See Agency Management.
Memo of Understanding. The Memorandum of Understanding between the agency and the employee is a legally binding document that establishes a clear understanding of the role and responsibilities between the agency, the supervisor, and the teleworking employee.
Minimum Qualifications. Standards which designate the typical types and minimum levels of training and/or experience through which one would be expected to acquire the knowledge, skills, abilities and other requirements necessary for performance upon entry to a class.
Non-exempt Employee. An employee who is required to receive overtime in accordance with the Fair Labor Standards Act.
Non-permanent Employee. Any employee other than a permanent employee who is an at-will employee who has not expectation of continued employment and may be dismissed at any time without cause or reason.
Official State Workweek. The official state workweek begins at 12:01 A.M. Saturday, continues for seven (7) consecutive days (168 hours) and ends at 12:00 midnight on Friday.
On-Call Pay. A non-base pay adjustment for non-exempt employees who are required to remain on the agency's premises or so close that the time cannot be used effectively for that employee's own purposes.
Overall Score. The calculated rating for all performance components.
Overtime. Time worked by a non-exempt employee in excess of the workweek standard or the work period standard.
Part-Time Position. An authorized position funded for a salary expenditure of less than forty (40) hours of work per week.
Pay Range. The range of pay rates, from minimum to maximum, set for a class. Used as a policy for setting individual employee pay or salary rates.
Pay Rate. A set dollar amount between the minimum and maximum of a pay range.
Pay Table(s). A schedule of pay ranges for each class in the classification system.
Performance Evaluation. The process and the determination through observation and careful study of the employee's overall behavior and goal outcomes to meet the target and objectives of the agency and the State.
Performance Improvement Plan. A written document used to guide an employee toward achieving a rating above "unsatisfactory" on the annual performance evaluation.
Performance Management. An ongoing, continuous process of communicating and clarifying job responsibilities, priorities and performance expectations in order to ensure mutual understanding between supervisor and employee. It emphasizes communication and focuses on adding value to the organization by promoting improved job performance and encouraging skill development. It involves clarifying the job duties, defining performance standards, and documenting, evaluating and discussing performance with each employee.
Permanent Appointment. The appointment of an employee to permanent status upon completion of the probationary period.
Position. A job for which funding has been authorized by the Governor or the Legislature, consisting of a set of assigned tasks with defined boundaries of responsibility and authority.
Position Class. See Class or Classification.
Probationary Appointment. An appointment of a candidate in a civil service position who shall serve a three hundred sixty-five (365) day probationary period.
Probationary employee. Is an at-will employee who has no expectation of continued employment and may be dismissed at any time during the probationary period without cause or reason.
Probationary Period. An examination period of three hundred sixty-five (365) days) utilized for closely observing an employee's work, for securing the most effective adjustment of the employee to the position and for dismissing any employee without right of appeal.
Promotion. An appointment of an employee having permanent or probationary status, through a competitive recruitment process, to a different position number with a different classification having a higher grade.
Qualified applicant. See Eligible Applicant.
Rating. Summarizes performance by evaluating against components in an employee performance plan then compares performance over a period of time with absolute measurement scales that indicate varying levels of performance.
Rating Scale. Describes the varying levels of proficiency of performance into which each competency and goal can be divided. It is used to assign a performance rating for each performance component on the performance evaluation.
Reappointment. See Involuntary Reappointment and Voluntary Reappointment.
Reclassification. The assignment of a position to a different classification.
Recruitment. A process to attract suitable numbers of qualified applicants to compete for appointments.
Reduction in Force. A reduction in force is an involuntary termination of an employee from State employment because of a shortfall of funding, lack of work, organizational changesrequiring a reduction in the number of positions in state employment.
Re-employment. An employee re-employed to the same classification within four (4) months after separation provided they meet the specific minimum qualifications.
Reinstatement. The re-employment to any class of a previous permanent employee within twenty-four (24) months of a separation due to a reduction in force.
Relative(s). A person connected with another by blood or marriage.
Resignation. Voluntary separation from state service.
Selection Examination or Consideration. An interview, background evaluation or other examination of candidates used in making an appointment decision.
Separation. A break in service resulting from a resignation, termination, retirement, dismissal or reduction in force. A twenty four (24) hour break in service not including normal days off.
Serious Health Condition. Is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical facility; or continuing treatment by a health care provider.
Service Credits.

(a) The number of calendar months during which work was actually performed in the Executive, Judicial or Legislative Branch which has not been interrupted by a separation. If a previous permanent employee is reinstated to State service within twenty-four (24) months of a reduction in force, then such separation shall not constitute a break in continuous service; however, the time period during the separation does not count as months worked. If an employee receives another appointment effective on the next work day following the effective date of a separation, then such separation shall not constitute a break in continuous service.

(b) Credit shall not be given for a calendar month in which an employee was on leave without pay, educational leave, or disciplinary suspension when no work was actually performed. Time during which an employee was absent from work because of a valid workers' compensation claim or Family and Medical Leave, while not considered as time worked, shall be included in calculating the total number of months of continuous service. Time during which an employee was on any other authorized leave shall be considered time worked for purposes of this definition.

Shift Differential. A premium paid to those employees whose regularly assigned hours of work are outside 6 am to 6 pm Monday through Friday.
Specific Minimum Qualifications. Specific minimum qualifications are separate distinctive minimum qualifications established within a classification.
Intern Appointment. A time-limited appointment made of an individual where such employment constitutes a recognized phase of the individual's educational or training program.
Supervisor. An employee having statutory or properly delegated authority to appoint, suspend, transfer, promote, dismiss, lay off, demote, assign work, reward, direct, resolve grievances of or discipline other employees; or to effectively recommend such actions if the exercise of such authority requires the use of independent judgment and is not routine in nature.
Supplementary Compensation. A non-base pay adjustment given to employees in accordance with the State Compensation Policy.
Suspension. See Disciplinary Suspension.
Telework. Telework allows state employees to conduct state business from an approved remote work site other than their regular office.
Temporary Appointment. An appointment of a candidate to a position in a class for a limited period of time.
Temporary Employee. An at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.
Termination. A separation of an employee in good standing.
Test. See Examination.
Time-Limited Appointment. An emergency, intermittent, temporary, or intern appointment made for defined duration.
Time-Limited Position. An authorized position funded for a limited time period.
Time-Shared Position. Two (2) employees who voluntarily occupy one (1) position or three (3) employees who voluntarily occupy two (2) positions with the agency head's approval, providing that the total salary expenditures for those employees do not exceed the amount authorized for the position or positions (W.S. 9-2-1022 (f)).
Training Expenses. Reimbursement of expenses to employees by the state for job-related training.
Transfer. The appointment of an employee from one agency to another agency within the same classification.
Voluntary Reassignment. A reassignment of an employee voluntarily seeking an appointment to a different position in a different class having the same or lower grade than the employee's current class.

History

Effective 2019-06-07

Chapter 1 General Provisions

Wyo. Code R. 006.0010.1.01282015 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority.

(a) These State of Wyoming Personnel rules are promulgated by the Human Resources Division, Department of Administration and Information, State of Wyoming, in accordance with W.S. 9- 2-1002, 9-2-1019, 9-2-1022, and 16-3-101 through 16-3-115. They take precedence over all personnel rules issued by any Executive Branch State Agency.

(b) Throughout these rules, Human Resources Division shall mean the Department of Administration and Information Human Resources Division.

(c) Throughout these rules, Human Resources Administrator shall mean the Department of Administration and Information Human Resources Division Administrator.

Section 2. Coverage. These rules apply to all positions and employees in the Executive Branch, with the exception of the University of Wyoming and the positions of Governor, Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, District Attorneys and Executive Director of the Community College Commission which are exempt from these rules. The Governor is exempt from Chapter 2 in the appointment and recruitment of agency heads. The position of Adjutant General is exempt from the State Compensation Plan (W.S. 19-7-103 (b)(ix)).

Section 3. Interpretation.

(a) The Human Resources Administrator or designee is solely responsible for providing official interpretations of these rules in cases of apparent internal conflicts between rules, or when questions arise about their application to specific situations, procedures or policies.

(b) In all cases where approval from the Human Resources Division is required, it shall mean prior written approval.

Section 4. Enforcement.

(a) The Human Resources Administrator shall ensure that these rules are enforced and applied uniformly and fairly by all Executive Branch agencies.

(b) Agency Responsibility:

(i) Agency heads are responsible for complying with and applying these rules within their agency, and shall ensure that all employees comply with their provisions;

(ii) Agency heads are responsible for the action of agency management employees to whom they have delegated, in writing, authority to act in their behalf in any or all aspects of personnel administration;

(iii) Agency heads shall inform all employees of these rules;

(iv) Agency heads shall provide all employees with reasonable access to these rules.

(c) Employees are responsible for familiarizing themselves with these rules and are expected to contact their supervisor or agency human resources representative for explanation of any rule they do not understand.

Section 5. Personnel Policies. The Human Resources Division may issue written policy statements concerning interpretation or application of these rules, procedures for carrying out personnel functions, and other matters necessary for proper personnel administration. Agency heads shall distribute and comply with these statements.

Section 6. Equal Employment Opportunity.

(a) Equal employment opportunity shall be provided to applicants and employees in the administration of all personnel practices such as recruitment, appointment, promotion, performance evaluation, discipline, retention, training and other benefits, terms and conditions of employment in a manner which does not discriminate on the basis of race, color, creed, religion, sex, national origin, age, political affiliation, disability (except where disability is a bona fide occupational disqualification).

(b) The Human Resources Division shall provide assistance to agency heads in the administration of equal employment opportunity policy.

(c) Agency heads shall act in accordance with equal employment opportunity policy and shall cooperate fully with the Human Resources Division Equal Employment Opportunity Coordinator, the State of Wyoming's representative, in investigating and resolving discrimination complaints.

(d) Agency heads or designees are responsible for distributing and discussing equal employment opportunity policy with agency management and employees to assure understanding and consistent application.

(e) Agency heads shall provide employees and applicants alleging discrimination accessibility to the agency's designated Equal Employment Opportunity Coordinator who can assist the individual in order to insure that their rights are not violated. The Human Resources Division Equal Employment Opportunity Coordinator shall be contacted by the agency when an employee or applicant complains of employment discrimination.

(f) An employee or applicant alleging employment discrimination should contact the Human Resources Division Equal Employment Opportunity Coordinator who shall attempt to resolve the complaint.

(i) If the complaint cannot be resolved, the Coordinator shall provide a full report to the Human Resources Administrator and shall advise the individual of any other procedures available for resolution of the complaint.

Section 7. Discrimination and Sexual Harassment.

(a) The State of Wyoming Anti-Discrimination Policy is set forth in Executive Order No.

2000-4.

(b) The Anti-Discrimination Policy prohibits any form of discrimination or harassment related to an individual's race, religion, color, sex, national origin, age or disability.

(c) Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy.

(d) Any employee who believes he or she has been discriminated against or harassed in violation of the Anti-Discrimination Policy should submit a complaint following the procedures set forth in the Anti-Discrimination Policy.

(e) An employee may file a discrimination complaint with the Wyoming Department of Workforce Services, Division of Labor Standards, or the Federal Equal Employment Opportunity Commission.

Section 8. Substance Abuse.

(a) Policy. It is the policy of the State of Wyoming to maintain a workplace free of substance abuse as set forth by Executive Order 1990-2

(b) All employees shall be given a copy of the Executive Order 1990-2 Substance Abuse Policy.

(c) Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy.

Section 9. Personnel Forms. The Human Resources Division shall prescribe the forms and procedures for use by State agencies in matters of personnel administration.

Section 10. Employee Participation. Employees or their recognized representatives may provide comments and suggestions to the Human Resources Division relating to personnel matters affecting their interests.

Section 11. Personnel Records.

(a) The Human Resources Division shall have access to all agency personnel records.

(b) Employees personnel records shall be maintained as determined by the Human Resources Division and in accordance with the State Personnel Records Policy.

(c) Employees shall have access to their personnel records upon providing proper identification. An employee's representative may be given access to an employee's personnel records upon providing a release signed by the employee.

(d) When an employee transfers from one agency to another agency within the Executive Branch of State Government, the employee's personnel file shall transfer to the new agency.

(i) The hiring agency shall submit a written request to the employee's current agency requesting the official transfer of the employee's personnel file after the employee has started with the new agency.

(ii) The current agency human resource office shall ensure the file is transferred to the hiring agency human resource office within ten (10) days of the hiring agency's written request either by hand delivery or certified, return receipt mail.

Section 12. Responsibility for Agency Functions.

(a) Agency heads shall ensure that the following functions are performed:

(i) Establishment and maintenance of internal personnel policies and procedures, which do not conflict with the State of Wyoming Personnel Rules and policies;

(ii) Establishment and maintenance of employee personnel records;

(A) Personnel records, including selection/interview records, shall be maintained as required by W.S. 16-4-203(b) (ii) and W.S. 16-4-203(d)(iii) the Executive Branch Records Retention Schedules;

(iii) Designation of a contact position for purposes of communicating with the Human Resources Division;

(iv) Preparation of reports and other information required by the Human Resources Division.

Section 13. Management Rights.

(a) To insure that the State can carry out its constitutional and statutory functions there are certain matters, which are solely functions of management, including:

(i) The right to direct the work force;

(ii) To select and determine the number and types of employees required;

(iii) To determine the content of job classification;

(iv) To hire, transfer, promote, demote, reappoint, suspend, discipline, and dismiss employees;

(v) To evaluate work performance;

(vi) To authorize leave;

(vii) To assign work to employees as required by the State;

(viii) To establish and change work schedules and assignments;

(ix) To lay off employees for lack of work;

(x) To furlough employees without pay for lack of work or funding;

(xi) To expand or diminish services;

(xii) To subcontract any work or operations;

(xiii) To establish and change methods of operation;

(xiv) To determine and change work locations and the processes and materials to be employed; and

(xv) To take all necessary actions to perform its functions in emergencies.

(b) Management shall have the right to conduct inquiries into matters affecting management policies and practices.

Section 14. Politics.

(a) Employees shall not use official authority or influence to interfere with or influence the result of an election or nomination for office.

(b) Employees shall not directly or indirectly coerce a State officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.

(d) Employees shall not be a candidate for partisan elective office if employed in a program covered by the Federal Hatch Act.

(e) Discrimination against any person in recruitment, examination, appointment, retention, discipline or any other aspect of personnel administration because of political opinion or affiliation is prohibited:

(i) No questions shall be asked on any application, examination, or interview, which would directly or indirectly require the disclosure of a person's political affiliation, preferences, or opinions.

(ii) Applicants and employees are prohibited from using political influence as an advantage in securing or making appointments or for other personal benefit for themselves or others in personnel matters.

Section 15. Conflicts of Interest.

(a) Employees shall not enter into any financial or other relationship with a State agency, private business, or other organization, which would constitute a conflict of interest with their State employment.

(b) Employees shall not permit themselves to be placed under any personal or other obligation, which could lead any person, group, or organization to expect official favors.

Section 16. Personal Conduct. Employees shall be courteous, considerate, and impartial in dealing with and serving the public. Employees shall conduct themselves in a manner that will not bring discredit or embarrassment to the State.

Section 17. Dual Employment.

(a) There shall be no conflicting hours of work when a person is employed by two (2) or more State agencies or in two (2) or more positions in the same State agency:

(i) In the case of the former, both agency heads shall first agree to the terms of the dual employment;

(ii) Dual employment within State service shall have prior approval of the Human Resources Division.

(b) An agency head may allow an employee to work for another employer so long as the employee performs satisfactorily and there is no conflict of hours:

(i) No employee shall engage in outside employment or other activity which is not compatible with the efficient and proper performance of the duties of the State employment, or which tends to impair capacity to perform duties and responsibilities in an acceptable manner.

Section 18. Use of State Property.

No employee shall use or permit the use of State property for other than official activities.

Employees shall protect and conserve State property, equipment, and supplies entrusted or issued to them.

Section 19. Savings Clause. If any provision of these rules or its application to any person or circumstance is held invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are severable.

Section 20. Work Schedules.

(a) All Executive Branch Agencies shall maintain traditional hours of work from 8:00 a.m. to 5:00 p. m., Monday through Friday and be staffed appropriately to insure service to the public and other agencies, unless otherwise approved in writing by the Human Resources Division.

(b) Employees shall maintain a set work schedule and conduct state business from their centralized organizational work place, their regular office or from an approved remote work site using an approved Telework Memorandum of Understanding.

(i) The use of an alternative or variable work schedule shall be requested in writing by the agency head to the Human Resource Division for approval prior to the schedule becoming effective;

(ii) Any change to the official workweek or alternative work schedule shall be in accordance with the overtime provisions of the Fair Labor Standards Act and policies and procedures established by the Human Resource Division.

History

Effective 2015-01-28

Chapter 2 Recruitment & Appointment

Wyo. Code R. 006.0010.2.01282015 Recruitment & Appointment

CHAPTER 2

RECRUITMENT & APPOINTMENT

Section 1. Recruitment.

(a) The Human Resources Division shall establish and administer a centralized system of recruiting applicants based on competencies, relative ability, knowledge, experience, and skills to meet the human resource requirements of the State.

(b) To fill any vacant position, there shall be recruitment.

(c) All recruitment shall be determined by the Human Resources Division and in accordance with the State Recruitment Policy.

Section 2. Applications.

(a) Application for appointment shall be submitted in accordance with the State Recruitment Policy and received within the prescribed time limits for positions open for recruitment.

(b) A separate application shall be submitted for each position open for recruitment.

(c) Neither the issuance of recruitment nor an application form nor an invitation to apply shall be construed as incurring an obligation to accept or approve any application subsequently submitted.

(d) The Human Resources Division may stop or limit the acceptance of applications in any manner, which is useful and expedient for the recruitment involved.

Section 3. Ineligibility of Applicants.

(a) Applications may be rejected, and/or applicants refused further consideration, examination, or appointment for any of the following reasons:

(i) Failure of the application to show the applicant meets all minimum requirements established for the classification;

(ii) Failure of an applicant to submit requested application materials according to the established procedures and/or within the prescribed time period which are complete, legible, and comprehendible;

(iii) Making a false statement and/or otherwise practicing deception and/or fraud in connection with an application;

(iv) Cheating and/or otherwise attempting to secure an undue advantage on any examination and/or obtaining information regarding examinations to which the individual is not entitled;

(v) Failure to appear for a scheduled examination and/or interview;

(vi) Failure to pass any phase of the examination process;

(vii) Applicant is determined to be unable to effectively perform the essential functions of the job, with or without reasonable accommodation;

(viii) Applicant has been dismissed from State service;

(ix) Applicant has been found to have a record of unsatisfactory work performance;

(x) Applicant is currently abusing narcotics, intoxicating liquors, and/or other substances in a manner which would affect the ability to safely, dependably and/or effectively perform the duties of the job;

(xi) Applicant has been convicted of a crime and/or has a record of convictions, the nature of which is reasonably related to the applicant's fitness for employment for the job;

(xii) Applicant has used and/or attempted to use political and/or personal pressure and/or bribery to secure an advantage in obtaining employment;

(xiii) Applicant supports and/or belongs to any organization, which advocates illegal overthrow of the government of the United State and/or of the State of Wyoming;

(xiv) No person under sixteen (16) years of age shall be employed;

(xv) No person between sixteen (16) and eighteen (18) years of age shall be employed in an occupation defined as hazardous by the United States Secretary of Labor pursuant to the "Federal Fair Labor Standards Act of 1938," as amended 29 U.S.C. 201 et. seq., also known as the Act;

(xvi) Applicant has willfully violated any provisions of these rules; or

(xvii) For any other job related reason which adversely affects the applicant's suitability for appointment.

Section 4. Candidate Group.

(a) Unless otherwise specified by the Human Resources Division, the candidate group shall consist of all eligible applicants from a specific recruitment whom consideration for appointment may be given.

(b) The Human Resources Division shall make available, upon request, to the hiring authority the names and applications of the candidate group.

(c) A permanent employee, separated from service due to a reduction in force, shall automatically be in the candidate group for the classification held at the time of separation for a period of twenty-four (24) months:

(i) A permanent employee, separated from service due to a reduction in force, shall be a state employee for a period of twenty-four (24) months when applying for position vacancies limited to state employees.

Section 5. Examinations.

(a) Definition of Examination: Any process, procedure, rating, interview, test, evaluation, or assessment, whether scored or not scored, formal or informal, which affects a person's eligibility for, or consideration for, appointment.

(b) Examinations shall be administered in accordance with the State Recruitment Policy.

(d) The content and conduct of such examinations may be subject to the review and approval of the Human Resources Division:

(i) Agency management shall coordinate through the Human Resources Division in any examination development activities.

(e) Examinations conducted by agency management or hiring authorities for the purpose of employment decisions shall be job-related:

(i) Only applicants who have successfully applied for an active recruitment, meet the minimum requirements, and have otherwise been determined to be eligible for appointment shall be eligible for an examination.

(f) Hiring authorities shall consider an adequate number of the available candidates in order to provide for competitive selection:

(i) Hiring authorities shall keep records of candidates examined, including applications, dates, ratings, and other documentation of the results of final selection examinations for a time period specified in the State's Executive Branch Records Retention Schedules;

(ii) Hiring authorities shall be responsible for any adverse actions resulting from failure to consider any candidate, taking into account valid factors relevant to the needs of the vacant position.

(g) Hiring authorities shall make reasonable accommodations to assist applicants with disabilities in the examination process:

(i) It shall be the responsibility of the applicant to notify the hiring authority of any special needs.

Section 6. Veterans' Preference Points. Veterans' Preference Points shall be in accordance with W.S. 19-14-102.

Section 7. Preconditions to Appointment.

(a) Except for appointments of agency heads by the Governor, emergency appointments, involuntary reassignments, and lateral reassignments within the same agency, all appointments shall be from among the candidate group from the specified recruitment for the specified classification.

(b) Minimum Requirements. Except for emergency appointments, no applicant shall be appointed until the following are met:

(i) Specified time periods as defined in the State Recruitment Policy have passed;

(ii) The processing of applications and the administration of examinations is complete;

(iii) It has been determined by the Human Resources Division that the applicant meets the minimum requirements of the classification and has passed any required evaluation;

(iv) It has been determined that the applicant is able to perform the essential functions of the job, with or without reasonable accommodation; and

(v) The applicant has an acceptable record of previous job performance;

(A) The performance and / or disciplinary file of current and former state employees shall be made available to the hiring agency upon notification to and written authorization from the Human Resources Division, of the current or former state employee's selection as the final candidate for appointment.

(c) Applicants and individuals contracted to perform services for the State who have access to minors or to persons who are frail, elderly or suffering mental illness or developmental disabilities shall be required to submit to fingerprinting for the purpose of obtaining State or national criminal history record information before appointment or continued employment.

Section 8. Responsibilities of Hiring Authorities.

(a) Prior to making a commitment to hire, the hiring authority shall be responsible for determining that all of the following conditions are met:

(i) Prior to the hiring of any other candidate with no greater preference, a permanent employee separated by a reduction in force shall be offered reinstatement to a vacant position within the agency, within the division (as designated for purpose of reduction in force) last employed and within the class held at the time of separation;

(ii) An individual recommended for probationary appointment, reinstatement appointment, promotional appointment, voluntary reassignment, temporary appointment, or intermittent appointment is in the candidate group;

(iii) The appointment of the individual would not conflict with the rule on employment of relatives, Section 10 of this chapter;

(iv) All legal requirements pertaining to the classification including licensing and/or certifications are met.

(b) The hiring authority shall notify all qualified candidates that applied for the specific recruitment regarding the final status of the recruitment.

Section 9. Types of Appointment.

(a) Probationary Appointment. The appointment of a candidate in a civil service position who shall serve a three hundred and sixty-five (365) day probationary period:

(i) An individual given a probationary appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time during the probationary period;

(ii) Time served as an intern, emergency employee, temporary employee, or intermittent employee shall not count towards the probationary period;

(iii) Leave without pay and/or time received from donated sick leave shall not count towards the probationary period.

(b) Permanent Appointment. The appointment of an individual who has completed the probationary period:

(i) Permanent appointment shall be effective on the next day following completion of the three hundred and sixty-five (365) day probationary period.

(c) Appointment by Reinstatement. A permanent employee, separated from service due to a reduction in force, shall have reinstatement rights for a period of twenty-four (24) months to include employment status, leave accrual rates, longevity benefits and continuous service credits held at the time of separation:

(i) A permanent employee who separated from service due to a reduction in force shall have a right to decline offers of appointment without forfeiture of reinstatement rights when:

(A) The geographical area of the position vacancy is different from that at the time of separation;

(B) The position funding is temporary or time-limited;

(D) The division is different from that at the time of the separation.

(d) At-Will Appointment. The appointment of a candidate to a position in a non-civil service position:

(i) An individual given at-will appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(e) At-Will Contract Appointment:

(i) At-will contract appointment shall require a signed written contract agreement and shall be in accordance with W.S. 9-2-1022(a)(xi)(F);

(ii) An individual appointed as an at-will contract employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason;

(iii) No work shall be performed by an individual until the contract has been approved in writing and signatures obtained by all parties to the contract including the Human Resources Division and the Attorney General;

(A) Salary and/or rates of pay shall be comparable to similar jobs in state government and shall not include adjustments for any type of benefit including leave, insurance premium, or retirement contribution;

(iv) Appointment as an at-will contract employee shall not count towards continuous state service for purposes of longevity payments;

(v) No at-will contract employee shall be eligible for or accrue any type of leave.

(f) Temporary Appointment. Temporary appointment shall not continue for more than nine (9) months without prior written approval of the Human Resources Division:

(i) Temporary appointment may be made to a position:

(A) Held by another employee who is on educational leave or other extended leave;

(B) Which is seasonal and or time-limited for a period of less than nine (9) months;

(ii) No individual shall receive successive temporary appointment into the same classification within an agency during any twelve (12) month period;

(iii) An individual given temporary appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(g) Intermittent Appointment. The employment of a candidate to perform work in a classification for varying time intervals, which shall not exceed nine (9) months full-time equivalent service:

(i) An individual given intermittent appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(h) Emergency Appointment. When an emergency threatening public health, safety or welfare exists requiring the immediate employment of additional workers, emergency appointment may be utilized with prior verbal approval of the Human Resources Division, except for emergencies occurring at night, or on weekends or holidays, in which case such emergency appointment shall be reported to the Human Resources Division on the following work day:

(i) Emergency appointment shall not exceed thirty (30) days;

(ii) Persons given emergency appointment shall submit application forms to the Human Resources Division as soon as practical;

(iii) An individual given emergency appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(i) Appointment of Interns:

(i) All interns shall require justification and prior written approval of the Human Resources Division Administrator or designee;

(ii) An agency may offer an internship as on-the-job training for a limited period of time provided the following;

(A) The internship, even though it includes actual operation of the agency, is similar to training which would be given in an educational environment;

(B) The internship is for the benefit of the intern;

(D) The agency that provides the training receives no immediate advantage from the activities; and on occasion the operations may be impeded; and

(E) The intern in not necessarily entitled to a job at the conclusion of the internship unless they are in the candidate group of an active recruitment.

(j) Volunteer:

(i) All volunteer opportunities shall require justification and prior written approval of the Human Resources Division Administrator or designee;

(ii) Volunteers shall not displace regular employees;

(iii) State employees shall not volunteer additional time to do work.

(k) Promotional Appointment. The appointment of an employee to a different position in a different classification having a higher grade than the employee's current classification.

(l) Reassignment:

(i) Voluntary Reassignment. The reassignment of an employee seeking appointment to a position in a different classification having the same or lower grade than the employee's current classification;

(A) Voluntary Reassignments shall be from among applicants in the candidate group;

(ii) Involuntary Reassignment;

(A) An agency head shall consult with the Attorney General's Office and the Human Resources Division prior to involuntarily reassigning a permanent or probationary employee to a different position in a different classification having the same or lower grade than the employee's current classification because of a reduction in force, unsatisfactory work performance or other demonstrated reason affecting the accomplishment of program goals;

(B) Prior to a reduction in force, involuntary reassignment may be between agencies if both agency heads agree;

(D) Involuntary reassignments of an employee may have the requirement to conduct an active recruitment waived with prior written approval of the Human Resources Division;

(iii) Lateral Reassignment. The reassignment of an employee to a vacant position within the same classification as the employee's current position;

(A) A lateral reassignment of an employee to a vacant position within the same agency may have the requirement to conduct an active recruitment waived with prior written approval of the Human Resources Division;

(iv) Interim Assignment. The reassignment of an employee on an interim basis to a different position in a higher grade than the employee's current position;

(A) An agency head shall provide written notification to the Human Resources Division prior to providing an interim assignment to an existing agency employee;

(B) Interim assignment shall not exceed twelve (12) months;

(C) The same position shall not be filled by successive interim assignments by the same individual without the prior written approval of the Human Resources Administrator.

Section 10. Employment of Relatives.

(a) Agency heads may approve hiring a person who is a spouse, parent, stepparent, parent-in- law, child, stepchild, child-in-law, sibling, half-sibling, step-sibling, or sibling-in-law of any current employee in that agency.

(b) Employee Marriage. If two present employees of the same agency marry each other, they both may continue employment in that agency with the approval of the agency head and prior written notification to the Human Resources Administrator.

Section 11. Appointment of Non-U.S. Citizens.

(a) All employees, citizens and non-citizens, hired after November 6, 1986, and working in the United States shall complete Form I-9, Employment Eligibility Verification to document they are authorized to work in the United States:

(i) Each agency shall verify and maintain I-9 documentation according to the U.S.

Citizenship and Immigration Services.

(b) Agencies shall only employ persons authorized to work in the United States.

(i) The employee shall present a document that shows either an extension of the employee's initial employment authorization or new work authorization;

(ii) If the employee cannot provide proof of current work authorization, the agency shall not continue to employ that individual.

(d) No agency shall be a sponsor or petitioner on behalf of any Non-U.S. Citizen without the express written consent of the Governor.

(e) No agency may contract with or permit a third party (e.g., a law firm) to petition any federal agency to change a Non-U.S. Citizen's immigration status without prior consultation with the Attorney General's Office, notification to the Human Resources Division and the written approval of the Governor.

History

Effective 2015-01-28

Chapter 3 Position Control

Wyo. Code R. 006.0010.3.01282015 Position Control

CHAPTER 3

POSITION CONTROL

Section 1. Position Status.

(a) The status of each position shall be designated based on authorized funding, as one of the following types:

(i) full-time;

(ii) part-time;

(iii) time-limited; or

(iv) time-share.

(b) The status of position shall not have any effect on the employment status of an individual occupying the position.

Section 2. Job Content Questionnaires.

(a) Job Content Questionnaires. Job content questionnaires shall be prepared for each position. The original job content questionnaire shall be kept on file in the Human Resources Division; and a copy shall be retained by the agency.

(b) New Job Content Questionnaires. A new job content questionnaire shall be prepared and submitted when there are substantial and permanent changes in tasks performed by the incumbent, or when required by the Human Resources Division.

(c) Preparation of Job Content Questionnaires. Job content questionnaires shall be prepared as required by the Human Resources Division. The job content questionnaire shall be completed jointly by the employee and the employee's supervisor to accurately describe the duties and responsibilities assigned by the supervisor to the position. The content contained in the job content questionnaire is the responsibility of and determined by the supervisor.

(d) Falsification of Job Content Questionnaires. Position incumbents, supervisor, agency heads, and other employees shall be truthful and accurate in completing job content questionnaires and in providing other information relating to positions. Falsification of information on job content questionnaires shall be grounds for disciplinary action up to and including dismissal.

Section 3. Task Assignments.

(a) Agency heads, management, and supervisors have the authority and responsibility to assign tasks as necessary to accomplish the program goals of the agency. Class specifications do not prohibit the assignment of tasks not specifically listed.

(i) To the extent possible, assignments of tasks from one position to another or of new tasks shall be assigned to existing positions of similar content to eliminate or reduce the possibility of positions being reclassified to a higher grade than funding is authorized.

Section 4. Position Vacancies.

(a) Positions Occupied by Employees on Leave. A position occupied by an employee on educational leave, leave without pay, or other authorized leave shall only be filled by temporary appointments or interim assignments.

(b) Vacancies Resulting from Position Reclassification. If an occupied position is reclassified, and the incumbent does not meet the minimum requirements for the new classification, the employee shall not remain in the position for more than thirty (30) days after receipt of written notice from the Human Resources Division of its determination that the employee does not meet the minimum requirements for the new classification.

Section 5. Position Appointments.

(a) Preconditions to Appointments. No appointment shall be made to any position unless the position has been assigned a position number and has been allocated to a classification by the Human Resources Division.

(b) Authorization and Funding. Before filling a vacancy, the agency head shall ensure that the position has been authorized by the Governor and/or Legislature and that sufficient funds exist for the position.

(c) Multiple Occupancy of Position. No more than one (1) employee shall occupy a position at the same time except under the following conditions:

(i) Appointments or interim assignments, which are made within a reasonable period prior to or following the scheduled separation of an employee;

(ii) Temporary appointments and interim assignments made to positions occupied by employees on authorized leave;

(iii) Temporary appointments to time-limited positions;

(iv) Time shared positions. Two (2) employee may voluntarily occupy one (1) position or three (3) employees may voluntarily occupy two (2) positions with the agency head's approval, providing that the total salary expenditures for those employees do not exceed the amount authorized for the position or positions (W.S. 9-2-1022(a)(xii)) and (W.S. 9-2-1022(f)); or

(v) Other multiple occupancies specifically approved by the Human Resources Division.

Section 6. Establishment of New Positions.

(a) When requesting gubernatorial or legislative authorization for a new position, the agency head shall provide a written request to the Human Resources Division and Department of Administration and Information Budget Division. The agency head shall provide a job content questionnaire with the written request and indicate how the new position would affect other authorized positions:

(i) A tentative classification of the proposed position shall be determined by the Human Resource Division and provide notification to the Administration and Information Budget Division.

(b) Positions Established. A new position shall officially be established when necessary funding is authorized by the Governor and/or Legislature, a position number has been assigned by the Human Resource Division and the position is officially classified by the Human Resources Division.

History

Effective 2015-01-28

Chapter 4 Position Classification

Wyo. Code R. 006.0010.4.01282015 Position Classification

CHAPTER 4

POSITION CLASSIFICATION

Section 1. Position Classification Plan. The Human Resources Division maintains the position classification plan. The plan shall cover all positions in the Executive Branch of State Government, except for the elected positions of Governor, Secretary of State, State Auditor, State Treasurer, Superintendent of Public Instruction, District Attorney, and positions within the University of Wyoming.

Section 2. Class Specifications.

(a) A class specification is a summary of the most important features of a class, including the duties and responsibilities, skill, effort and working conditions of the work performed. The task content of a class specification is not intended to be all inclusive, restrictive, or precisely descriptive of the duties and responsibilities of any particular position within the class.

(b) Preparation. The Human Resources Division shall prepare a class specification for each class established in the plan.

(i) The Human Resources Division shall designate an official title for each class in the plan. Only the Human Resources Division shall have authority to alter official class titles;

(ii) Official class titles shall be used in all personnel, payroll and budget correspondence, forms, reports, records and other documents involving personnel administration.

(d) Minimum Requirements. Class specifications shall include minimum requirements including the possession of licenses, certificates, training, experience, knowledge, skills, and abilities to perform the essential functions of the job; and other requirements, which are necessary preconditions to appointment to positions in the class.

(e) Related Tasks. Class specifications shall contain the statement "The listed duties are illustrative only and are not intended to describe every function which may be performed in the job class". Employees may be required to perform incidental tasks, which are not among the usual duties of positions in the class.

(f) Distribution and Inspection. Class specifications shall be posted on the Human Resources Division website.

Section 3. Position Information.

(a) Data Collection. The Human Resources Division has the responsibility and authority to obtain information necessary for use in position classification. The Human Resources Division shall use such methods as it determines to be appropriate. Collection of information may include the study of relationships with other positions, tasks performed in other positions, organizational structures, program goals, and other related factors.

(b) Management and Employee Responsibility. Agency management and employees shall cooperate with the Human Resources Division by providing access to work areas, making employees available, and by responding to requests for information.

Section 4. Position Classification.

(a) Classification Authority. The Human Resources Division has sole authority to classify and reclassify positions.

(b) Classification Factors:

(i) In classifying a position, the Human Resources Division shall consider factors such as formal training, experience, management control, supervisory skills, human relations skills, responsibility, accountability, problem solving, complexity, working conditions, and mental/visual demand.

(c) Unrelated factors. Classification shall not be based upon the individual characteristics and performance level of the employee occupying the position; or upon other information not pertinent to the position or classification.

Section 5. Classification System Maintenance.

(a) Audits and Studies. The Human Resources Division shall regularly conduct job audits and occupational studies for maintaining the integrity of the classification system.

(b) Classification Reviews:

(i) Basis for Review. The Human Resources Division shall review only the placement of a position within a specific class. Components of the classification plan cannot be reviewed. These include evaluation factors, grade assignment, and pay tables;

(ii) Agency Requirements. The agency shall submit a position for review when the core functions of the job have permanently changed. The agency shall submit the appropriate documentation as required by the Human Resources Division. The Human Resources Division shall review the request and notify the agency of its determination;

(A) The agency shall notify the employee of the classification determination within ten (10) days of receiving the determination from the Human Resources Division;

(iii) Employee Requests. Employees who believe that their positions have not been placed in the proper class may submit to their agency head a new job content questionnaire and a request for review. The request shall include the reasons why the re-evaluation is being requested. The agency head shall review the request and shall submit the appropriate documentation as required by the Human Resources Division for review to the Human Resources Division within ten (10) days of receipt. The Human Resources Division will review the request and notify the agency and employee of its determination;

(A) The agency shall notify the employee of the classification determination within ten (10) days of receiving the determination from the Human Resources Division;

(B) Classification Review Panel;

(I) If the employee does not agree with the initial determination by the Human Resources Division, the employee may submit a written request for reconsideration by the Classification Review Panel within thirty (30) days of the employee's notification. This panel comprised of the Director of the Department of Administration and Information, the Human Resources Administrator, the head of the Agency Services Unit, and the agency director or designee shall review the evaluation of the original request and any additional information provided by the employee and/or their representative. The panel shall provide written notice of its final decision within sixty (60) days of receipt.

(i) If the Human Resources Division or the Classification Review Panel determines that a position is improperly classified, it shall be reclassified in accordance with the provisions of Section 4 of this chapter;

(ii) An employee occupying a reclassified position shall, when requested, submit to the Human Resources Division such information as necessary for evaluation of the employee's qualifications for the new classification. The Human Resources Division shall evaluate the employee's qualifications and provide written notification to the agency head or agency human resource office and the employee;

(iii) If an employee vacates a position because of inability to meet established minimum requirements for the new class, the following shall apply;

(A) If the employee is appointed to a different position in the previous class, it will be treated as a same grade reappointment;

(B) If the employee is reappointed to a position in a different class having the same or lower grade, it will be treated as an involuntary reappointment;

(D) If the employee is separated from state service, it will be treated as a reduction in force.

Section 6. Effective Dates of Classification and Reclassification.

(a) Unoccupied Position. The classification of a new position or reclassification of a vacant position shall be effective on the date that written notification of the classification determination is provided to the agency head or agency human resource office.

(b) Occupied Position. If the incumbent employee meets the minimum requirements for the new class, the effective date of the reclassification shall be the first of the month following the date upon which the Human Resources Division has determined that the employee is qualified to remain in the position. If the incumbent does not meet minimum requirement for the new class, the effective date shall be the date that the employee vacates the position.

History

Effective 2015-01-28

Chapter 5 Compensation

Wyo. Code R. 006.0010.5.01282015 Compensation

CHAPTER 5

COMPENSATION

Section 1. Compensation Plan.

(a) The Human Resources Division shall establish and administer a consistent, equitable, and flexible Compensation Plan covering all state executive branch employees.

(b) All employees shall be paid within the pay rates established by and in accordance with the Compensation Plan and the State of Wyoming Compensation Policy.

(i) All agency pay actions shall be subject to audit by the Human Resources Division.

Section 2. Salary Surveys.

(a) Data on the defined and relevant labor market that is representative of public and private sector employees shall be gathered regularly by the Human Resources Division.

Section 3. Pay Rates.

(a) The following information shall be established and set forth in the State of Wyoming Compensation Policy:

(i) Hiring rates;

(ii) Re-employment rates;

(iii) Return from leave without pay rates; and

(iv) Reinstatement rates.

Section 4. Compensation Adjustments.

(a) The following criteria apply to all pay adjustments unless otherwise specified:

(i) All pay adjustments shall have written justification and be submitted to the Human Resources Division;

(ii) Sequences affecting base pay adjustments will be established and set forth in the State of Wyoming Compensation Policy.

(b) Pay adjustments. An employee's pay may be adjusted in accordance with the State of Wyoming Compensation Policy.

(c) Other types of compensation adjustments may be implemented by the Human Resources Division based upon identified needs.

Section 5. Overtime.

(a) The overtime policy of the State of Wyoming shall be in accordance with and no more stringent than the provisions of the "Federal Fair Labor Standards Act of 1938", as amended 29 U.S.C. 201 et seq., also known as the Act, as set forth in the State of Wyoming Compensation Policy.

(b) The Human Resources Division shall provide assistance to agencies regarding overtime policy interpretations.

(c) Agency heads shall be responsible for administering the overtime policy in accordance with the Act, these rules and the State of Wyoming Compensation Policy. These responsibilities include, but are not limited to:

(i) Coordinating with the Human Resources Division to periodically review and determine overtime compensation exemptions as authorized by the Act:

(A) In cases where the agency and the Human Resources Division disagree, the Human Resources Division shall make the final determination (W.S. 27-5-101(c)(i));

(ii) Enforcement of overtime rules to insure that overtime work is not performed if such work has not been officially authorized. The mere promulgation of a rule against unauthorized overtime work is insufficient enforcement.

(d) The following areas will be established and set forth in accordance with the State of Wyoming Compensation Policy:

(i) Official State Workweek;

(ii) Workweek Standard; and

(iii) Exception to the Workweek Standard.

(e) Non-exempt employees.

(i) The following areas will be established and set forth in accordance with the State of Wyoming Compensation Policy:

(A) Hours of Work Defined;

(B) Meal Periods;

(D) Sleeping Time;

(E) Special Activities; and

(F) Travel Time.

Section 6. Compensation upon Separation.

(a) The following areas will be established and set forth in accordance with the State of Wyoming Compensation Policy:

(i) Vacation Leave;

(ii) Sick Leave;

(iii) Longevity; and

(iv) Compensatory Time.

Section 7. Executive Compensation.

(a) Compensation for at-will directors, deputies, and division administrators will be covered under the State of Wyoming Compensation Policy.

History

Effective 2015-01-28

Chapter 6 Leave

Wyo. Code R. 006.0010.6.11132019 Leave

CHAPTER 6 LEAVE

Section 1. Vacation Leave.

(a) Accrual Base Rates. Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows:

0 through 48 months - 8 hours per month

49 through 108 months - 10 hours per month

109 through 168 months - 12 hours per month

169 through 228 months - 14 hours per month

229 or more months - 16 hours per month

(b) Service Credits to Rehired Employees. Service Credits for non-continuous service shall be granted to a rehired employee claiming prior Executive, Judicial or Legislative Branch service followed by a separation, upon the completion of twenty-four (24) months continuous service since the most recent entrance to State employment:

(i) Prior service shall be on record with the Wyoming Retirement System or shall be otherwise verified through the Human Resource Division by the employee, agency or branch;

(ii) Service credits shall be given for any calendar month during which work was actually performed;

(iii) Reinstatement of service credits shall be limited to a one-time occurrence. Employees who leave state service after receiving reinstatement of service credit shall forfeit all prior service if subsequently rehired;

(iv) Employees rehired within 31 days shall reimburse all payments for accumulated vacation or sick leave received at separation. Upon receipt of the reimbursement all service credits and leave balances shall be restored.

(i) Permanent employees, probationary employees, and at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract employees, shall accrue vacation leave according to the number of hours worked in the month;

(ii) Temporary employees shall accrue vacation leave, after six (6) months of continuous employment, according to the number of hours worked in the month;

(iii) Executive employees, those outlined in statute and at-will employees at the Governor's office shall follow the Executive Leave Policy;

(iv) Intermittent employees, emergency employees, interns, and at-will contract employees shall not accrue vacation leave;

(v) The formula for determining the monthly accrual rate for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by the employee's accrual base rate, this total is divided by 160;

(vi) The following rates shall be used:

160 or more hours - 100% of base rate

40 through 159 hours - Prorated according to formula

39 or less hours - 0% of base rate

Time elapsed while an employee is on any authorized paid leave, except educational leave, shall be considered hours worked for purposes of this section;

(vii) Accrued vacation leave is not available for use until the following month after the accrual period. Vacation leave is accrued only after the employee works the required time during the month.

(d) Authorized Use. Agency management shall consider the needs of the employee and the staffing requirements of the agency in approving vacation leave:

(i) Vacation leave shall not be authorized for periods of incarceration;

(ii) An agency head may authorize an employee terminating for any reason other than disciplinary reasons to use accrued unused vacation leave beyond the employee's actual last day of work or service to the state in lieu of receiving a lump sum payment for the unused balance.

(e) Interagency Appointments. An employee who is appointed to a position in a different agency shall not lose any unused vacation leave as a result of the interagency transfer, promotion, or reappointment.

(f) Interbranch Appointments. An employee appointed without a separation from the State Judicial, or Legislative Branch who has not been paid for accumulated leave, shall be allowed to transfer unused vacation leave. The employee shall accrue vacation leave according to established Executive Branch rates for completed continuous service which shall include continuous service credited while employed by the other branch:

(i) An employee who is appointed without a separation to the State Judicial or Legislative Branch may be allowed to transfer unused accrued vacation leave if authorized by reciprocal personnel policies adopted by the appropriate entities. A copy of the personnel policies authorizing the inter branch transfer of vacation leave shall accompany the request to transfer the leave;

(ii) Absent a reciprocal personnel policy, accrued vacation leave for Executive branch employees transferring to the State Judicial or Legislative Branch shall be paid off at the time of transfer in accordance with the State Compensation Policies.

(g) An employee appointed to or from the University of Wyoming shall not be allowed to transfer unused accrued vacation leave and shall be paid out in accordance with the State Compensation Policies or applicable University of Wyoming Policy.

(h) Maximum Accrual. On December 31 of each year, accrued unused vacation leave in excess of the carry-over maximum shall be reduced to this maximum and the employee shall forfeit the right to use this excess leave. The carry-over maximum, which depends upon completed State service, is determined as follows:

Completed State Service Carry-Over Maximum

0 through 108 months - 240 hours (30 days)

109 through 168 months - 288 hours (36 days)

169 through 228 months - 336 hours (42 days)

229 or more months - 384 hours (48 days)

Section 2. Sick Leave.

(a) Monthly Accrual Rates:

(i) Permanent employees, probationary employees, at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract employees, shall accrue sick leave according to the number of hours worked in the month;

(ii) Temporary employees shall accrue sick leave, after six (6) months of continuous employment, according to the number of hours worked in the month;

(iii) Executive employees and at-will employees at the Governor's office shall follow the Executive Leave Policy;

(iv) Intermittent employees, emergency employees, interns, and at-will contract employees shall not accrue sick leave;

(v) The formula for determining the monthly accrual rate for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by eight hours, this total is divided by 160;

(vi) The following rates shall be used:

160 or more hours - 8 hours per month

40 through 159 hours - Prorated according to formula

39 or less hours - no accrual

(vii) Time elapsed while an employee is on any authorized paid leave, except educational leave, shall be considered hours worked for purposes of this section;

(viii) Accrued sick leave is not available for use until the following month after the accrual period. Sick leave is accrued only after the employee works the required time during the month.

(b) Authorized Use. Accrued sick leave may be used during scheduled work hours when an employee is incapacitated by sickness or injury; for pregnancy, childbirth, or related medical conditions; for medical, dental or optical examinations or treatment; for death or illness of a member of the employee's or the employee's spouse's family and such other persons as approved by the agency head; or when an employee has been exposed to a contagious disease such that attendance at work could jeopardize the health of others:

(i) Persons affected by pregnancy, childbirth and related medical conditions shall be treated the same as persons affected by other medical conditions;

(ii) The agency shall deduct from an employee's compensatory time, if available, otherwise from their vacation leave balance for any of the reasons listed in 2(b) above when the employee's sick leave balance is insufficient to cover the authorized absence from work.

(c) Notification. Employees who are unable to work for any of the reasons stated in Section 2 (b) of this chapter shall notify their immediate supervisor as soon as possible of their absence or anticipated absence. If such notification is not given, the agency head shall charge the absence to vacation leave or leave without pay, and may consider appropriate disciplinary action.

(d) Approval. The agency head shall approve the use of sick leave only after having determined that the absence was for a legitimate reason listed in 2(b) above. An employee may be required to submit substantiating evidence including, but not limited to, a health care provider's certificate. Abuse of sick leave is cause for disciplinary action. An agency head shall not approve the use of sick leave for end of service leave.

(e) Donation. An agency head or designee, after determining that the employee has a legitimate reason to be absent and the employee does not have a documented history of abusing leave, may request donated sick leave from the agency and may request donated sick leave from other state employees for an employee who has exhausted all of his/her accrued sick leave, compensatory time, vacation leave and all other available leave.

(i) Approval from the Human Resources Division (HRD) Administrator or designee shall be obtained prior to denying the request of donated sick leave;

(ii) An employee who has accrued a minimum of eighty (80) hours of sick leave may donate a minimum of four (4) hours up to the maximum of sixteen (16) hours of sick leave per calendar year to the same recipient who has an immediate and reasonable need for such assistance provided the employee maintains an accrued minimum balance of eighty (80) hours of sick leave;

(iii) Donations between immediate family members who are State employees are not subject to the sixteen (16) hour maximum provided the employee maintains an accrued minimum balance of eighty (80) hours of sick leave;

(iv) Donors shall give their agency head, who shall approve or disapprove the donation, a written statement specifying the number of hours donated and the name and agency of the employee to whom the donation is being made. Donations shall only be denied by an Agency Head upon the donor being deemed ineligible to donate based on the requirements listed above in (ii) or other documented abuse of leave; Donations to employees in agencies other than the donor's agency shall be approved by the donee's agency head or designee;

(v) Employees shall have depleted all of their sick, vacation, or other available leave prior to use of donated sick leave;

(vi) Agency heads shall ensure that all donated but unused sick leave shall be credited back to the original donor(s) when the recipient returns to work and/or no longer has an immediate and reasonable need for the leave; or when the recipient dies;

(vii) If a donor of sick leave terminates employment with the State of Wyoming prior to having donated leave credited back to him/her, the donated amount of sick leave shall be forfeited. If the donor has changed agencies, the donated amount shall still be credited back to the donor.

(f) Interagency Appointments. An employee appointed to a position in a different agency shall not lose any accrued sick leave as a result of the interagency transfer, promotion or reappointment.

(g) Interbranch Appointments. An employee appointed without a separation from State Judicial or Legislative Branch who has not been paid for accumulated leave, shall be allowed to transfer unused sick leave. The employee shall accrue sick leave according to established Executive Branch rules:

(i) An employee who is appointed without a separation to the State Judicial or Legislative Branch may be allowed to transfer unused accrued sick leave if authorized by reciprocal personnel policies adopted by the appropriate entities. A copy of the personnel policies authorizing the interbranch transfer of sick leave shall accompany the request to transfer the leave;

(ii) Absent a reciprocal personnel policy, accrued sick leave for Executive Branch employees transferring to the State Judicial or Legislative Branch shall be paid off at the time of transfer in accordance with the State Compensation Policies.

(h) An employee appointed to or from the University of Wyoming shall not be allowed to transfer unused accrued sick leave and shall be paid out in accordance with the State Compensation Policies or applicable University of Wyoming Policy.

Section 3. Bereavement Leave. Permanent employees, probationary employees, temporary employees who have been employed for six (6) continuous months of employment and at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract employees, shall be granted five (5) regularly scheduled work days not to exceed a maximum of forty (40) hours of bereavement leave upon the death of a family member. This leave shall be for the purposes associated with the death of the family member and shall be used before the use of any other leave authorized for this purpose:

(a) Executive employees and at-will employees at the Governor's office shall follow the Executive Leave Policy;

(b) Intermittent employees, emergency employees, interns, and at-will contract employees shall not be granted bereavement leave;

(c) An employee may be required to submit substantiating evidence. Abuse of bereavement leave is cause for disciplinary action.

Section 4. Holiday Leave.

(a) Permanent employees, probationary employees, at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract employees, shall receive holiday leave, according to the number of regularly scheduled work hours in the month:

(i) Temporary employees shall receive holiday leave, after six (6) months of continuous employment, according to the number of hours worked in the month;

(ii) Executive employees and at-will employees at the Governor's office shall follow the Executive Leave Policy;

(iii) Intermittent employees, emergency employees, interns, and at-will contract employees shall not receive holiday leave;

(iv) The formula for determining the holiday leave for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by eight hours, this total is divided by 160;

(v) The following rates shall be used:

160 or more hours - full 8 hours per month

40 through 159 hours - Prorated according to formula

39 or less hours - none

(b) Employees eligible to receive holiday leave and who are not required to work shall be granted paid leave not to exceed eight (8) hours per holiday from regularly scheduled work hours occurring on the following days:

(i) New Year's Day (January 1);

(ii) Martin Luther King, Jr. / Wyoming Equality Day (Third Monday in January);

(iii) President's Day (third Monday in February);

(iv) Memorial Day (Last Monday in May);

(v) Independence Day (July 4);

(vi) Labor Day (first Monday in September);

(vii) Veteran's Day (November 11);

(viii) Thanksgiving Day (fourth Thursday in November);

(ix) Christmas Day (December 25); and

(x) Upon declaration by the Governor, any date declared by the President of the United States as an occasion of national mourning, rejoicing, or observance of national emergency.

(i) If a holiday falls on the first day of an employee's regularly scheduled time off period, the day before shall be granted paid leave from regularly scheduled work hours for that employee;

(ii) If a holiday falls on a subsequent day off, the day after shall be granted paid leave from regularly scheduled work hours for that employee;

(iii) If an employee is unable to take paid leave as indicated above in (i) or (ii) due to staff shortage and or scheduling conflicts, the employee may elect to receive the amount of time authorized in the form of pay to be paid at the employee's regular rate of pay.

(d) Employees on educational leave or leave without pay the day before or the day after a holiday shall not be entitled to paid holiday leave.

(e) Time elapsed while an employee is on any authorized paid leave, except educational leave, shall be considered hours worked for purposes of this section.

Section 5. Exempt Paid Time Off. Employees exempt from overtime, who are required to work on a holiday listed in Section 4(b), shall be granted paid time off at the rate of one and one-half (1½) hours off for each hour worked. Employees shall use any accumulated paid time off before being entitled to use any accrued vacation leave. As of January 1 of each year, all unused paid time off shall be paid out at the employee's hourly compensation rate, unless otherwise approved by the Human Resources Division.

Section 6. Parental Leave. Employees who are parents of a newborn or recently adopted child, or are expectant parents, may with Agency head approval take accrued sick leave, compensatory time, vacation leave, or leave without pay beyond the time allowed under Family Medical Leave Act (FMLA) for purposes associated with the birth or adoption of a child.

Section 7. Voting Leave. Employees shall, at the time specified by their supervisor, be allowed one (1) hour of leave with pay for the purposes of voting in an official public election. This section shall not apply to an employee who has three (3) or more consecutive non-working hours during the time the polls are open. (Reference W.S. 22-2-111).

Section 8. Court Leave.

(a) Permanent employees, probationary employees, temporary employees who have been employed for (6) months of continuous employment and at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract employees, required to serve as a member of a jury panel or as a witness of the court shall be granted leave with pay for their regularly scheduled work days(s) for the performance of such obligation. The employee shall be required to provide written documentation of such obligation which shall be retained in the employee's personnel file.

(b) Executive and at-will employees at the Governor's office shall follow the Executive Leave Policy.

(c) Intermittent employees, emergency employees, interns, and at-will contract employees shall not be granted leave with pay under this section.

Section 9. Legislative Leave. An employee elected to serve as a member of the State Legislature shall be required to take leave without pay for the performance of all legislative duties.

Section 10. Educational Leave.

(a) An agency head may, with notification to the Human Resources Division, grant educational leave to an employee for up to twenty-four (24) months to allow the employee to acquire job-related training or education. In notifying the Human Resources Division, the agency head shall provide a written description of the training or education which the employee intends to pursue, an explanation of how such training or education would benefit the State and if the leave is paid or unpaid.

(b) The agency and employee shall enter into a contract outlining the provisions of the educational leave.

(c) Probationary employees, intermittent employees, emergency employees, interns, and at-will contract employees shall not be granted leave with pay under this section.

Section 11. Administrative Leave.

(a) An agency head may grant an employee administrative leave with pay to participate in meetings, seminars, hearings, examinations, and employee organization meetings. For other requested purposes, administrative leave request must be reviewed and evaluated for approval by the Governor or his designee.

(b) Upon declaration, the Governor may close state offices for the traditional observance of local celebrations, inclement weather conditions, or for other reasons or purposes that are deemed necessary:

(i) Employees required to work during the traditional observance of local celebrations shall be given compensatory time or exempt paid time off dependent upon status of employee on an hour for hour basis;

(ii) Intermittent employees, emergency employees, interns, temporary employees who have been employed with the state less than six (6) months, and at-will contract employees are not eligible for these types of paid leave;

(iii) Upon a weather or other closure declared by either the Governor's Office or any agency head, an employee shall not be charged for time off from their regular schedule for the period of the closure unless the employee had been previously authorized any type of leave and is on leave at the time of the closure. Employee unable to report to work due to a weather-related road closure when state offices remain in operation are required to use available vacation, or compensatory time to cover the absence.

(c) An agency head or designee is responsible for tracking the usage of these types of administrative leave hours in the state payroll system and are accountable for their appropriateness.

Section 12. Personal Leave.

(a) An agency head may grant an employee up to two (2) regularly scheduled days (not to exceed 16 hours) of personal leave with pay per calendar year in recognition of or for participating in the following activities:

(i) Employee recognition programs;

(ii) Participating in department wellness initiatives;

(iii) Merit incentive programs that have been submitted to and received prior written approval from A&I HRD;

(iv) Team based recognition - project completion that have been submitted to and received prior written approval from A&I HRD;

(v) To volunteer at a pre-approved non-profit community service organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;

(A) Employee must provide written verification from the organization that the organization is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and that the employee volunteers their own time for that organization in order to receive personal leave;

(B) Volunteer activities must not promote religion or attempt to influence legislation, governmental policy or elections to public office;

(vi) Family departing or returning from active duty military service; and

(vii) To attend military funerals.

(b) Prohibited Activities. Personal leave may not be granted for:

(i) Birthdays;

(ii) Early release for holidays; and

(iii) Undocumented performance.

(c) Agencies authorizing leave for (a)(i) through (iv) above shall submit written plans to the Human Resources Division Administrator for review and approval prior to the implementation.

(d) An agency head or designee is responsible for tracking the usage of these hours and are accountable for their appropriateness.

(e) The granting of personal leave is at the discretion of the agency head or their designee. It is neither an employee right nor an employee benefit.

(f) Intermittent employees, emergency employees, interns, and at-will contract employees shall not be granted leave with pay under this section.

Section 13. Military Leave. Military leave shall be granted in accordance with W.S. 19-11-108 (a-e).

Section 14. Leave Without Pay.

(a) Leave without pay may be granted at the discretion of the agency head in accordance with the following:

(i) An employee injured on the job and receiving Workers' Compensation benefits shall, upon request, be entitled to leave without pay in connection with the injury; in lieu of leave without pay, an employee may choose to use vacation or sick leave to supplement income while receiving workers' compensation benefits, not to exceed the amount regularly paid to the employee;

(ii) An employee on military leave described above in Section 13(a) shall, upon request, be entitled to leave without pay in accordance with W.S. 19-11-108 (a-e);

(iii) Except for the reasons indicated in (i) and (ii) above, leave without pay for medical reasons or any other reason where sick leave use is authorized, an employee shall use all accrued sick leave, compensatory time, vacation leave, or any other available leave before leave without pay will be authorized;

(iv) For all other types of leave without pay except legislative leave, an employee shall use all accrued compensatory time, vacation or other available leave before leave without pay will be authorized; and

(v) Leave without pay of more than fifteen (15) consecutive working days shall be reported in writing to the Human Resources Division. A leave without pay shall not continue for more than six (6) months without the approval of the Human Resources Division.

(b) The Governor may furlough employees due to lack of work or funding. An employee furloughed for lack of funding shall be on leave without pay and shall not use paid leave during the furlough period.

Section 15. Administrative Review Leave.

(a) An agency head may place an employee on administrative review leave with or without pay for a maximum of thirty (30) days when:

(i) The employee has been charged with or is under investigation for the commission of a crime which would raise reasonable doubt concerning the employee's suitability for continued employment; or

(ii) Allegations of misconduct have been made and, if confirmed, the employee's presence on the job may be detrimental to the operation of the agency; or

(iii) Incapacity based on fitness for duty evaluation; or

(iv) When a formal workplace investigation has commenced and removing a witness or complaining party from the workplace is prudent to conducting the investigation.

(b) The agency head shall provide the employee with written notice specifying the reason(s) for the administrative review leave and the effective date:

(i) A copy of the written notice shall be provided to the Human Resources Division Administrator;

(ii) An administrative review leave, with or without pay, may be extended beyond the thirty (30) day period with prior written approval of the Human Resources Division Administrator;

(iii) If the charges are not filed, or the employee is found not guilty, the employee shall be returned to work, granted pay for any lost wages, and shall retain all rights and status previously held; and

(iv) An administrative review leave without pay shall receive prior approval from the Human Resources Division Administrator.

Section 16. Family and Medical Leave Act (FMLA).

(a) The Family and Medical Leave policy of the State of Wyoming shall be in accordance with and except as specified no more stringent than the provisions of Family and Medical Leave Act of 1993, Public Law 103-3 (Feb 5, 1993), 107 Stat. 6 (29 U.S.C. 2601 et seq., as amended).

(b) State Agencies are covered employers without regard to the number of employees employed.

(d) Paid Leave. The FMLA leave period shall include the employee's accrued sick leave, vacation leave, accrued compensatory time leave, other available leave, and any donated sick leave allowed.

(e) Where two spouses are employed by the State of Wyoming their aggregate leave will be limited to the amount allowed by law.

(f) Leave without Pay. If an employee's accrued paid leave is less than the total FMLA entitled workweeks, the time remaining shall be taken as unpaid FMLA leave. Any leave without pay in excess of the total FMLA entitled workweeks maximum shall be at the discretion of the agency head per Chapter 6, Section 14, Leave without Pay:

(i) An employee whose work-related illness or injury meets the criteria for a serious health condition and is receiving paid worker's compensation benefits the absence shall be counted against the FMLA leave entitlement;

(ii) An employee on unpaid FMLA leave during a holiday shall not receive paid holiday leave.

(g) Certification. An agency shall require a medical certification from a health care provider for an employee's serious health condition or the employee's covered family member with a serious health condition, or to care for a covered service member with a serious injury or illness or the appropriate certification for leave taken because of a qualifying exigency.

(h) Agency requirements:

(i) Agencies shall comply with all requirements of the law and these rules and shall provide written notice detailing the specific expectations and obligations of the employee and explain any consequences of a failure to meet the obligations;

(ii) In all circumstances, the agency head or human resource office shall be responsible in designating leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. In the case of intermittent leave or leave on a reduced schedule, only one such notice is required unless the circumstances regarding the leave have changed.

(i) Notice of leave:

(i) An employee shall give thirty (30) days' notice to the agency prior to the date the leave is to begin;

(ii) The employee shall advise their immediate supervisor as soon as possible and practicable if dates of scheduled leave change or are extended, or were initially unknown;

(iii) The agency head or Human Resource office shall determine the actual date on which an employee's FMLA leave commences. An employee shall provide sufficient information for the Agency to reasonably determine whether the FMLA may apply to the leave request.

(j) Denial of FMLA leave. Prior to denial of FMLA leave, the agency shall submit to the Human Resources Division Administrator a written request for approval of such denial.

(k) Time elapsed while an employee is on paid FMLA shall be considered hours worked.

(l) Time elapsed while an employee is on unpaid FMLA shall be included in calculating the total number of months of continuous service and shall not be considered time worked for purposes of accrual of any leave or other benefits.

(m) Does Not Return to Work. If an employee does not return to work following unpaid FMLA leave for a reason other than:

(i) The continuation, recurrence, or onset of a serious health condition which would entitle them to FMLA leave;

(ii) Other circumstances beyond their control, the employee shall be required to reimburse the State for any portion of health insurance premiums paid on behalf of the employee during unpaid FMLA leave; or

(iii) An employee who returns to work for a period of at least five (5) consecutive work days is viewed as meeting the return to work requirement.

History

Effective 2019-11-13

Chapter 7 Discipline for Permanent Employees

Wyo. Code R. 006.0010.7.01282015 Discipline for Permanent Employees

CHAPTER 7

DISCIPLINE FOR PERMANENT EMPLOYEES

Section 1. Reasons for Discipline.

(a) As used in this chapter, the word employee shall refer to permanent employees only.

(b) Agency management may discipline a permanent employee for cause including, but not limited to, the following reasons:

(i) Absenteeism;

(ii) Incapacity to perform assigned duties;

(iii) Assault;

(iv) Carelessness;

(v) Damaging State property;

(vi) Dishonesty;

(vii) Insubordination;

(viii) Misconduct;

(ix) Refusal to work;

(x) Sexual harassment;

(xi) Theft;

(xii) Unsatisfactory work performance;

(xiii) Criminal conduct;

(xiv) Falsification of application for employment;

(xv) Violation of agency rules or policy;

(xvi) Violation of State Personnel Rules;

(xvii) Violation of the State of Wyoming Substance Abuse Policy;

(xviii) Violation of the State of Wyoming Anti-Discrimination Policy;

(xix) Violation of the State of Wyoming Electronic Mail Policy;

(xx) Violation of the State of Wyoming, Office of the Chief Information Officer, Information Technology Manual, Internetworking Acceptable Use Policy (CIO 1200-P143);

(xxi) Violation of the State of Wyoming Code of Ethics; and

(xxii) Violation of the Workplace Violence Policy.

(c) At the request of the agency head, the Human Resources Division and the office of the Attorney General shall provide technical assistance in matters pertaining to the administration of employee discipline.

Section 2. Determination of Appropriate Discipline.

(a) Agency management shall attempt to administer discipline to permanent employees in progressive stages to seek corrective results. However, conduct of any type which agency management considers serious, may result in a disciplinary suspension or dismissal without taking prior disciplinary steps.

(b) Progressive stages of discipline may include but are not limited to, letters of expectation, letters of counseling, or verbal or written warnings. However, this is not mandatory and agency management may within his/her sole discretion determine to administer any level of discipline in Section 3 herein as an initial step to a permanent employee.

(c) The agency management's determination of the appropriate action to take shall be based on adequate investigation of the facts and circumstances of the case.

Section 3. Types of Discipline.

(a) Written Reprimand:

(i) A supervisor may formally discipline a subordinate employee for cause by providing a written reprimand to the employee specifying;

(A) Reason(s) for the reprimand;

(B) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;

(D) The right to present a grievance pursuant to these rules.

(b) Disciplinary Suspension:

(i) An agency head may suspend, without pay, an employee for cause for up to thirty (30) days in a calendar year. The agency head shall provide the employee with written notification specifying;

(A) Reason(s) for the suspension;

(B) Previous letters of expectation, letters of counseling, verbal or written warnings, unacceptable performance appraisals, discussions, or reprimands, if any;

(D) The corrective action necessary to avoid further disciplinary action; and

(E) The right to present a grievance pursuant to these rules.

(ii) A copy of the notice of suspension shall be sent to the Human Resources Division by the agency head.

(i) Dismissal Due to Employee Conduct/Incapacity;

(A) An agency head may dismiss an employee for cause. Prior to the dismissal of a permanent employee, the agency head shall provide to the employee written notification specifying;

(I) The reason(s) and summary of the evidence for dismissal; and

(II) An opportunity for the employee, within ten (10) working days, to respond in writing to the charge(s);

(B) The agency head shall have ten (10) working days to consider the response;

(C) If the agency head determines dismissal is appropriate, the agency head shall provide, personally or by return receipt requested certified mail, written notification to the employee specifying;

(I) The reason(s) for the dismissal;

(II) The effective date of the dismissal; and

(III) The right to a hearing pursuant to these rules;

(ii) Dismissal Subsequent to a Fitness for Duty Evaluation;

(A) An agency head may dismiss an employee determined to be incapacitated to perform assigned duties subsequent to a fitness for duty evaluation. Prior to the dismissal of a permanent employee, the agency head shall provide to the employee written notification specifying;

(I) The reason(s) and summary of the evidence for dismissal;

(II) Notification that the Fitness for Duty report will not be provided directly to the employee, but may be provided directly to a qualified mental health professional of the employee's choice for interpretation; and

(III) An opportunity for the employee, within ten (10) working days, to respond in writing to the charge(s). If the employee chooses to have a qualified mental health professional interpret the report for them, the time period for response may be extended upon mutual agreement;

(B) The agency head shall have ten (10) working days to consider the response;

(C) If the agency head determines dismissal is appropriate, the agency head shall provide, personally or by return receipt requested certified mail, written notification to the employee specifying;

(I) The reason(s) for the dismissal;

(II) The effective date of the dismissal; and

(III) The right to a hearing pursuant to these rules;

(iii) A copy of the notice of dismissal shall be sent to the Human Resources Division;

(iv) If the agency head perceives that the employee's presence on the job may be detrimental to the operation of the agency, the agency head may place the employee on Administrative Review Leave, with pay, pending the dismissal review period.

Section 4. Compliance with Procedure.

(a) Failure to comply with the procedural steps in this chapter by the agency terminates the disciplinary action without prejudice. Parties shall be restored to the previous status held prior to the disciplinary action.

History

Effective 2015-01-28

Chapter 8 Grievances and Appeals for Permanent Employees

Wyo. Code R. 006.0010.8.06072019 Grievances and Appeals for Permanent Employees

CHAPTER 8

GRIEVANCES AND APPEALS FOR PERMANENT EMPLOYEES

Section 1. Statement of Policy.

Permanent employees shall have the right to present a grievance or appeal, pursuant to the provisions of this chapter, without coercion, restraint, discrimination or reprisal.

Section 2. General Provisions.

(a) Time Periods:

(i) In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins shall not be included. The last day of the period so computed shall be included unless that day is a Saturday, Sunday, or legal holiday. Only business days shall be counted; Saturdays, Sundays, legal holidays or other days business offices are closed for the State of Wyoming shall not count.

(ii) The Human Resources Division Administrator may, upon written request and for good cause shown, or at his/her own discretion, extend any time period prescribed by this chapter, provided the written request is received before the expiration of the time period originally prescribed.

(b) Compliance with Procedure. Any party shall forfeit the right to pursue a grievance and / or appeal if they fail to follow the procedures prescribed by this chapter.

(i) If an employee fails to meet a deadline the grievance and/or appeal shall be immediately terminated and the issue(s) under question shall stand as originally determined by the agency.

(ii) If an agency fails to meet a deadline the issue(s) in dispute shall be removed from the employee's personnel file. If the issue(s) under dispute involved suspension without pay the employee shall receive full back pay. If the issue(s) under dispute involves involuntary reappointment the employee shall be returned to their original pay and position.

(iii) If the Human Resources Division (HRD) fails to meet a deadline the review process shall begin anew with impartial and unbiased employees within HRD with no previous knowledge of the issue under review.

(c) Waiver of Procedure. Any procedure prescribed by this chapter may be waived by mutual written agreement between the parties. A copy of the agreement shall be forwarded to the Human Resources Division Administrator or the presiding officer, as applicable.

(d) Designation of Parties. The rights in this chapter apply to permanent employees only.

(e) Representation. An employee may be represented by any person, including legal counsel, at any stage of the grievance and / or appeal process. The Human Resources Division Administrator or an agency head may designate any duties outlined in this chapter to another employee under his/her supervision to carry out said duties.

(f) Administrative Leave. An employee who is a party or witnesses to an appeal shall be granted administrative leave to participate in the proceeding. An employee who has filed an appeal shall be entitled to a maximum of eight (8) hours of administrative leave to prepare for presentation of the appeal. Prior notice shall be given to the employee's supervisor.

(g) Reviews of a grievance will be conducted by the Human Resources Division (HRD) of A&I.

(h) Determinations after a review by HRD shall be final unless otherwise ruled by the Office of Administrative Hearings (OAH) or a higher court.

(i) Custody of Records. The Human Resources Division Administrator shall be the official custodian of all records pertaining to the provisions of this chapter.

(j) Confidential Proceedings. All grievance and appeals proceedings shall be confidential and shall not be included in an employee's personnel file or other official records.

(k) Service of Documents. Any person filing a document with the Human Resources Division Administrator in a grievance and / or appeal proceeding shall serve a copy on all parties and representatives at or before the time the document is filed with the Human Resources Division Administrator.

(l) Agencies shall provide a report to the Human Resources Division on or before February 28 of each year, in the manner determined by the Human Resources Division, on the number and type of grievances submitted to the Agency Head during the previous year.

Section 3. Definition of Grievance.

(a) "Grievance" means a dispute, between an employee and management of the employee's agency, which involves the interpretation or application of a statute, rule, executive order, or policy concerning personnel practices and/or working conditions.

(b) "Grievance" does not include a dispute, which involves;

(i) Compensation, benefits, contributions, and other conditions which are beyond the control of the agency head;

(ii) Discrimination;

(iii) Dismissal;

(iv) Involuntary separation due to a reduction in force; or

(v) Performance evaluation ratings.

Section 4. Grievance Procedure Steps.

(a) Within ten (10) days of the event giving rise to the grievance or of the employee having knowledge of the event, the employee shall present the grievance in writing to the management employee making the decision which gave rise to the dispute and the agency head. The grievance shall include a brief statement of fact on which the grievance is based and the relief sought.

(b) Within ten (10) days of receiving the written grievance, the agency head or a designee and the management employee that gave rise to the dispute shall hold a conference with the employee to resolve the dispute. A written determination shall be provided to the employee within five (5) days of the conference. A decision by the agency head or designee shall be the final step in the grievance procedure unless the grievance involves a dispute in accordance with Section 4 (d) of this chapter.

(c) If issue giving rise to the dispute involves the agency head and allegations concerning violations of a statute, rule, executive order or policy, the employee shall submit the grievance in writing to the Human Resources Division Administrator.

(i) The Human Resources Division Administrator, shall within five (5) days of receiving the written grievance, commence an investigation of the complaint in accordance with Executive Order 1997-4. If the investigation substantiates the complaint and circumstances warrant, the Governor shall be notified.

(ii) No agency head or manager shall be allowed to preside in a conference concerning allegations against him/herself.

(d) If the decision of the agency head or designee is unsatisfactory to the employee and if the grievance involves a disciplinary suspension, an involuntary reassignment due to unsatisfactory work performance, or an involuntary reassignment to a lower grade, the employee shall, within ten (10) days of the date of the decision, request the Human Resource Division Administrator or designee to review the matter. Other matters may be considered at the discretion of the Human Resources Division Administrator. All requests shall be submitted, in writing.

(i) Within five (5) days of receiving a request for review the Human Resources Division Administrator or designee shall notify the head of the agency and the HR Manager of the Agency (or equivalent) with which the employee has the dispute.

(e) Grievance Review Purpose and Authority.

(i) The purpose of the review is to resolve a dispute, which falls within Section 4 (d) of this chapter. The review shall determine if the state Statutes, Personnel Rules and agency policies were followed and all actions taken were of a legal and ethical nature.

(ii) HRD shall have the authority to affirm, modify, or reverse any action(s) so long as the decisions and recommendations are not in conflict with Personnel Rules, State Statutes, or agency rules and regulations. Decisions of the HRD review are final unless the grievance is appealable in accordance with Section 5 of this chapter.

(iii) HRD Reviews

(A) HRD shall provide a written determination to the employee, agency head and agency HR Manager once the review is complete.

(I) The review shall be confined to those issues provided by the parties in Chapter 8 Section 4(d) and shall not develop into a general inquiry into the policies and operations of an agency. HRD may contact the employee, agency head, manager/supervisor of the employee, agency HR or witnesses as part of their review. Additional documentation may be requested and/or reviewed in addition to what was provided in Section 4(d) as deemed necessary.

(1.) The HRD Review shall be concluded within twenty (20) days unless an agreement for extension is provided in writing by both the employee and agency.

Section 5. Personnel Appeals.

(a) Right to Hearing.

(i) An employee may appeal the following agency head decisions to The Office of Administrative Hearings, without going through the Grievance Review Process:

(A) Dismissal;

(B) Involuntary separation due to a reduction in force;

(ii) Either party may appeal, through a de novo hearing, the following final HRD Review decisions:

(A) Involuntary reassignment due to unsatisfactory work performance;

(B) Involuntary reassignment to a lower grade; and

(b) Request for Hearing:

(i) A party shall request a hearing by filing a notice of appeal with the Human Resources Division Administrator setting forth the following:

(A) The name, address and contact information of the employee and the name, address and contact information of the employee's representative if any;

(B) The name, address and contact information for the person of contact within the agency pertaining to the appeal or hearing.

(D) A statement of the facts on which the appeal is based; and

(E) The relief sought.

(ii) Appeals shall be filed, in writing, within ten (10) days of the date of the agency head or HRD Review decision;

(A) After the filing of a petition for a personnel appeal hearing, such petition may not thereafter be amended.

(iii) The appealing party shall serve a copy of the notice of appeal on the other party and the other party's representative, if any, at the time the notice of appeal is filed;

(i) The responding party shall file a response and any motions challenging the timeliness or jurisdiction of the appeal within ten (10) days of the filing date of the notice of appeal;

(ii) The response and any motions shall be in writing and filed with the Human Resources Division Administrator; based;

(iii) The response shall include a statement of the facts on which the appeal is

(iv) The responding party shall serve a copy of the response and any motions on the other party and the other party's representative, if any, at the time of filing.

(d) Human Resources Division Administrator's Jurisdiction:

(i) The Human Resources Division Administrator shall have jurisdiction to determine whether the employee has made a claim upon which relief can be granted, and the timeliness of the appeal;

(ii) The Human Resources Division Administrator may issue orders, prior to referring the appeal to the Office of Administrative Hearings on any matter within his or her jurisdiction or upon motion of either party.

(iii) The Human Resources Division Administrator shall transfer to the Office of Administrative Hearings the current record of the proceedings in the case.

Section 6. General Procedures for Personnel Appeal Hearings.

(a) Unless the parties stipulate in writing to an extension of the time period provided, the Office of Administrative Hearings shall render and file with the Human Resources Division Administrator a written decision and order containing Finds of Fact and Conclusions of Law, and shall provide written certified notice of the decision to all parties to the appeal within thirty (30) days of the close of evidence.

(b) Incorporation by Reference:

(i) The Office of Administrative Hearing Rules, Chapter 2, Contested Case Proceedings, edition October 17, 2014 is incorporated by reference:

(ii) The incorporated rule does not include any later amendments or editions;

(iii) The incorporated rule is maintained at the Department of Administration and Information, Human Resources division, Emerson Building, 2001 Capitol Avenue, Cheyenne, WY 82002 and is available for public inspection and copying at cost at the same location.

Section 7. Consolidation of Multiple Actions. If an employee has multiple, separate, or pending grievances or appeals involving the same employee and agency, those grievances or appeals may be consolidated into one proceeding upon mutual, written agreement, if the facts and nature of the actions so allow.

History

Effective 2019-06-07

Chapter 9 Performance Management

Wyo. Code R. 006.0010.9.06072019 § 1 Performance Management

(a) The Human Resources Division shall establish and administer a centralized system of performance management used to document performance and conduct annual performance reviews.

(b) All enterprise-wide performance management shall be determined by the Human Resources Division and in accordance with the State of Wyoming Performance Management Policy.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 2 Performance Management Program

(a) The performance management program provides agencies and employees with opportunities for performance planning, coaching, and evaluation. The program provides for the establishment of job expectations, the measurement of job performance, the identification of employee development and taking corrective action as necessary.

(b) The Human Resources Division shall be responsible for administering the performance management program to include:

(i) The development and interpretation of rules, policies and procedures specific to performance management;

(ii) The development and implementation of components of the program as necessary (such as forms, on-line evaluation system and training);

(iii) The monitoring of agency compliance; and

(iv) Reporting to state agencies, the Governor and the Legislature as necessary.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 3 Applicability

(a) All employees shall be evaluated as provided in this chapter with the exception of:

(i) Elected State Officials;

(ii) Agency Heads;

(iii) Contractual Employees;

(iv) Emergency Employees;

(v) Temporary Employees;

(vi) Interns;

(vii) Seasonal Employees;

(viii) Intermittent Employees; and

(ix) Other positions as approved by the Human Resources Division Administrator.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 4 Responsibility of Agency Heads

Agency Heads shall be responsible for performance management within their agencies in accordance with the established State of Wyoming Personnel Rules and policies. Agency Heads shall ensure that employees are evaluated using job-related performance criteria.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 5 Probation and At-Will Status

(a) Conducting performance evaluations on probationary employees will in no way alter or change their probationary status during their probationary period.

(b) Conducting performance evaluations on at-will status employees will in no way alter or change their at-will status.

Section 6. Evaluation Period.

Employees shall be evaluated annually in accordance with this chapter and the State of Wyoming Performance Management Policy.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 7 Evaluator Responsibilities

(a) The evaluator shall be the immediate supervisor of the employee who meets the qualified evaluator criteria or otherwise authorized by the Human Resources Division Administrator or designee. A qualified evaluator shall meet the following criteria:

(i) Have at least ninety (90) days of supervision of the employee prior to conducting an evaluation; and

(ii) Complete the required training on the performance management program as prescribed by the Human Resources Division prior to conducting an evaluation and attend continuing performance evaluation education programs as deemed necessary by the Human Resources Division.

(b) The evaluator shall complete the procedural requirements and comply with the prescribed time periods associated with the phases and evaluations established under the performance management program including:

(i) Impartially evaluate all employees without regard to political affiliation, race, color, sex, gender, creed, disability, or age; and

(ii) Use the forms developed by the Human Resources Division; and

(iii) Provide written comments regarding the performance evaluation; and

(iv) Conduct a performance evaluation meeting with the employee.

(c) When there is no qualified evaluator for an employee, the Agency Head shall determine the appropriate evaluator for that employee with approval of the Human Resources Division prior to conducting performance evaluations.

(d) Failure to complete each applicable phase for direct reports or comply with the procedural requirements set forth in this section may result in disciplinary action.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 8 Employee Responsibility

(a) The employee shall complete the procedural requirements established under the performance management program including:

(i) Be available for a performance evaluation meeting; and

(ii) Acknowledge receipt of the evaluation. Signing the evaluation demonstrates the employee received an evaluation and participated in a performance evaluation meeting. It does not demonstrate agreement or disagreement with the evaluation.

(b) If the employee does not comply with the procedural requirements set forth in this section, the employee shall forfeit any grievance and/or appeal rights and may be subject to disciplinary action.

(c) The employee may, as allowed in the system, respond and comment on the appraisal of their performance in writing. This shall be done at the time the acknowledgement is made in the PMI system.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 9 Agency Human Resource Contact or Designee Responsibility

(a) The Agency Human Resource contact or designee approved by the Human Resources Division shall complete the procedural requirements established under the performance management program including:

(i) Assign each employee to an evaluator and substitute a qualified evaluator when necessary, to ensure each employee is evaluated; and

(ii) Notify supervisors of required training and enroll supervisors in performance management training required prior to assessing evaluations for an employee; and

(iii) Report completion status and deadlines to the Agency Head; and

(iv) Ensure employees are evaluated using job-related performance criteria only which shall be substantiated by evaluator documentation.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 10 Performance Improvement Plan For Permanent Employees

(a) A performance improvement plan is a post-evaluation document used to redirect an employee for immediate performance improvement.

(b) If the employee's overall performance is rated as "unsatisfactory", the evaluator shall discuss and document the performance deficiencies requiring improvement. Immediately but no later than fifteen (15) days from the evaluation's final acknowledgement, the evaluator shall provide the permanent employee with a written performance improvement plan. Discipline may also be considered for the performance deficiencies in accordance with Chapter 7 of the State of Wyoming Personnel Rules.

(i) A description of the impact of behaviors or performance deficiencies on others, and if applicable, a statement of any policies, procedures, or rule violations and how to address the problem;

(i) A description of the permanent employee's performance in areas that are rated as "unsatisfactory";

(ii) A description of the expectations for improvement in areas that are rated as "unsatisfactory"; and

(iii) An explanation of the consequences if the permanent employee's performance does not improve.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 11 Work Improvement Plans

(a) A work improvement plan is a written document that may be used as a coaching tool to assist supervisors with correcting performance deficiencies for employees that arise throughout the performance period.

(b) A work improvement plan may include a description of the impact of behaviors or performance deficiencies on others, and if applicable, a statement of any policies, procedures, or rule violations and how to address the problem.

(c) This document shall not become part of an employee's personnel record unless referenced in connection to a performance evaluation or disciplinary action.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 12 Time Periods

(a) In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless that day is a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded from the computation.

(i) The Human Resources Division Administrator may, upon written request and for good cause shown, or at his/her own discretion, extend any time period prescribed in this chapter, provided the written request is received before the expiration of the time period originally prescribed.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 13 Grievance Rights for Permanent Employees

(a) Any disputes involving procedural compliance shall be subject to the requirements and proceedings in Chapter 8 of the State of Wyoming Personnel Rules.

(i) Procedural compliance includes, but is not limited to, deadlines, step completion, conducting or participating in an evaluation meeting, or other as deemed necessary by the Human Resources Division Administrator.

History

Effective 2019-06-07

Wyo. Code R. 006.0010.9.06072019 § 14 Appeal Rights for Permanent Employees

(a) Any disputes an overall "unsatisfactory" evaluation rating given through the performance management program shall be subject to the requirements and proceedings in this section.

(i) Any disputes involving an overall evaluation rating other than "unsatisfactory" given through the performance management program shall not be subject to this section, nor the grievance procedures outlined in Chapter 8 of the State of Wyoming Personnel Rules.

(b) Should an employee submit an appeal prior to being placed on a performance improvement plan, the agency shall continue with the performance improvement plan process pursuant to subsection 10(b). Subject to the outcome of the appeal, the performance improvement plan may be re-evaluated.

(c) Performance Appeal. A permanent employee receiving an overall evaluation rating of "unsatisfactory" shall have ten (10) days from receipt of the performance evaluation rating to submit in writing an appeal to the Agency Head.

(i) In the case where the permanent employee's evaluator is the Agency Head, the employee shall have ten (10) days to submit in writing an appeal directly to the Human Resources Division Administrator;

(ii) The permanent employee shall include in the appeal a brief and specific statement of the permanent employee's contentions and relief sought. The appeal to the Agency Head shall be directed specifically to the performance evaluator's evaluation and any response. The appeal shall include specific facts, which establish that:

(A) The overall "unsatisfactory" rating lacks supporting documentation; and/or

(B) The evaluator disregarded factors or circumstances, which substantially support the permanent employee's position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria.

(d) Response to Appeal. If the employee has filed a timely appeal, the Agency Head or designee shall respond to the appeal within ten (10) days of receipt of the appeal.

(i) The Agency Head may delegate authority to someone other than the employee's immediate supervisor in accordance with Chapter 1 of the State of Wyoming Personnel Rules.

(ii) Before making a determination regarding the appeal, the Agency Head or designee, shall review the evaluation and all documentation submitted by the performance evaluator and the employee.

(iii) The Agency Head or designee shall make a determination as to whether:

(A) The overall "unsatisfactory" rating lacks supporting documentation; and/or

(iv) The determination shall be in writing and may direct the evaluator to make any appropriate adjustment(s) to the employee's evaluation.

(e) Appeal to the Human Resources Division Administrator. Within ten (10) days of receipt of the Agency Head or designee's response to the employee's appeal, the employee may appeal, in writing, the Agency Head or designee's response to the Human Resources Division Administrator:

(i) If the Agency Head does not respond to the employee's appeal within ten (10) days of the appeal, the employee shall have fifteen (15) days from the date that the appeal was submitted to the Agency Head to appeal, in writing, to the Human Resources Division Administrator;

(ii) The Human Resources Division Administrator shall have fifteen (15) days after receipt of all documents and necessary information to make a determination on the employee's appeal. The Human Resources Division Administrator shall review the evaluation, the Agency Head or designee's response, if any, and all documentation submitted by the performance evaluator, the employee, and the Agency Head or designee;

(iii) The Human Resources Division Administrator shall require the Agency Head to correct the evaluation if it's determined that the Agency Head or designee's response was contrary to the State of Wyoming Personnel Rules, state or agency policies, law, or finds:

(A) The overall "unsatisfactory" rating lacks supporting documentation; and/or

(iv) Should the Human Resources Division Administrator determine that there is a conflict of interest, a designee shall be appointed by the Human Resources Division Administrator to review the appeal.

(f) Compliance with Procedure.

(i) If an employee does not comply with the deadlines in this section, the employee shall forfeit any appeal and/or grievance rights.

(ii) If the agency does not comply with the deadlines in this section, the employee shall be eligible to begin grievance proceedings in accordance with Chapter 8 of the State of Wyoming Personnel Rules.

History

Effective 2019-06-07

Chapter 10 Service and Recognition Awards

Wyo. Code R. 006.0010.10.01282015 Service and Recognition Awards

CHAPTER 10

SERVICE AND RECOGNITION AWARDS

Section 1. Non-Cash Service and Awards.

(a) Service Awards. Employees are eligible for a service award pin and certification upon completion of each five (5) year period, sixty (60) months, of total service with the State. The total service credits may include employment with one (1) or more executive branch departments and the judicial and legislative branches.

(b) Service credits will be granted for non-continuous service to a rehired employee claiming prior State service in any branch followed by a separation. Service credits shall be given for any calendar month during which work was actually performed. As soon as the employee has completed sixty (60) months of total service, that employee is eligible for a service award pin and certificate. There is no twenty-four (24) month completion requirement necessary due to broken service before a service award pin and certification may be presented.

(d) Service award pins and certificates are awarded in five (5) year increments, beginning with five (5) years and ending with forty (40) years.

(e) Service award pins and certificates are not considered additional compensation to an employee.

Section 3. Recognition Awards.

(a) Recognition awards may be ordered by agencies at their discretion:

(i) The following level of review and approval shall be followed prior to the purchase of any recognition award;

(A) Justification for awards that exceed ten (10.00) dollars per person that are to be purchased with agency funds shall be submitted to the Agency Head for prior written approval;

(B) Justification for awards that exceed fifty (50.00) dollars per person shall be submitted to the Department of Administration and Information Human Resource Division for prior written approval;

(ii) Expenditures for approved awards shall come from the Agency's existing budget;

(iii) Written approval for individual awards that cost more than ten (10.00) dollars shall be attached to related invoices and submitted to State Auditor's Office for payment.

(b) Acceptable Recognition Awards. Awards of work related items are acceptable recognition awards and include pins, plaques, pens, or pencils, portfolios with agency name and or logo, desktop items with the agency name and or logo, including mugs.

(c) Unacceptable Recognition Awards. Awards of a personal type are unacceptable recognition awards, which include but are not limited to:

(i) Flowers;

(ii) Tickets to concerts, athletic events, sports equipment, etc.;

(iii) Clothing and or items of personal nature;

(iv) Art and / or collectibles; and

(v) Entertainment, meals, and / or food.

History

Effective 2015-01-28

Chapter 11 Separation

Wyo. Code R. 006.0010.11.06072019 Separation

CHAPTER 11 SEPARATION

Section 1. Resignation.

(a) Notification. An employee intending to voluntarily separate from State service shall submit written notification to the immediate supervisor specifying the effective time and date of the intended resignation. Notification shall be provided as far in advance as possible but not less than fourteen (14) days prior to the date of the intended resignation:

(i) Retirement. Employees separating from State service due to retirement shall follow procedures established by the Wyoming Retirement System.

(b) Effective Date. A resignation shall be effective on the date specified in the employee's notification, or on the effective date provided to the Human Resources Division by the agency head if the employee failed to provide any notice.

(c) Rescinding Notification. An employee who has provided a resignation notice and who wishes to change the effective date or rescind the notification may be allowed to do so with the approval of the agency head.

(d) Failure to Notify. An employee who fails to provide advance notification without valid reason(s) shall not be considered to have separated in good standing. Such failure to notify shall be documented and forwarded to the Human Resource Division as part of the employee's permanent record.

Section 2. Dismissal of Non-Permanent Employees.

(a) Definition. A non-permanent employee is an at-will employee who has no expectations of continued employment and may be dismissed at any time without cause or reason:

(i) Non-permanent employees include the employment status of probationary, at-will, at-will contract, temporary, emergency, intermittent, and intern.

(b) An agency head shall dismiss a non-permanent employee upon the expiration of the applicable time limit, or when the services of the employee are no longer required.

Section 3. Dismissal of Permanent Employees.

Permanent employee dismissed by the agency head shall be separated pursuant to the provisions of Chapter 7, Section 3(c) pertaining to dismissal of permanent employees.

Section 4. Reduction in Force.

(a) A reduction in force shall not be used as a disciplinary action.

(b) Each Agency shall designate divisions for purposes of a reduction in force:

(i) Designations are effective after approval of the Governor;

(ii) Approved designations shall be filed with the Human Resource Administrator and be provided to all agency employees;

(iii) An agency shall not change division designations within sixty (60) days of a reduction in force;

(iv) Prior to the actual reduction in force, employees in the affected positions shall be given a transfer or reappointment within the agency to available vacant positions;

(A) Permanent employee shall also be offered positions held by non-permanent employees within their designated division only. A reduction in one division shall not displace an employee in another division;

(B) Employees transferred or reappointed must meet the minimum requirements for the new position and shall be responsible for any cost of relocation.

(i) If a reduction in force is needed, the agency head shall;

(A) Determine from within the Agency the affected designated reduction in force division;

(B) Determine the affected job classification;

(D) Take into account quality of job performance using annual performance reviews and disciplinary actions recorded in an employee's personnel file; and

(E) Identify the affected employee(s) having the least amount of continuous Executive Branch service from the most recent date of hire;

(I) Employee performance and discipline shall be taken into consideration prior to the employee's length of service. Employees with lower PMI scores or having a history of disciplinary action shall be identified for reduction in force prior to other employees regardless of length of service for permanent employees.

(II) Employees with non-permanent status shall be identified for reduction in force prior to employees with permanent status;

(III) If two (2) or more employees within the same job classification have equal PMI scores, no disciplinary actions, and the same amount of continuous Executive Branch service, the agency head shall determine which employee is to be separated.

(d) Responsibilities of the Agency Head:

(i) The agency head shall provide at least thirty (30) days notification of the separation date in writing to the affected employee and the Human Resources Division;

(ii) An agency head shall automatically consider a permanent employee, who has been separated due to a reduction in force, in the candidate group for the class held at the time of separation for a period of twenty-four (24) months;

(A) Prior to the employment of any other candidate with no greater preference, a permanent employee separated by a reduction in force shall be offered reinstatement to a vacant position within the agency, within the division (as designated for purpose of reduction in force) last employed and within the class held at the time of separation;

(B) Reinstatement shall be made in reverse order of separation (last separated, first hired).

History

Effective 2019-06-07

4 Local Government Self-Insurance Program

Chapter 1 General Information

Wyo. Code R. 006.0003.1.07201989 General Information

CHAPTER I

GENERAL INFORMATION

Section 1. Purpose. To set forth rules governing the administration of the local government insurance account and loss prevention program.

Section 2. Statutory Authority. These rules are promulgated pursuant to W.S. 1-42-105 (a) (xiii) and 1-42-105(c).

Section 3. Severability. If any part of these rules is held invalid, that invalidity should not affect any other provisions or applications of these rules. These rules can be given effect without the invalid part, and to this end, the provisions are severable.

Section 4. Applicability. These rules apply to the LGSIP Board and the Purchasing and Property Control Division of the Department of Administration and Fiscal Control.

Section 5. Definitions. Unless otherwise defined in the certificate or policy or these rules, words in the act or these rules shall be given their ordinary meaning.

(a) "Division" means the Purchasing and Property Control Division of the Department of Administration and Fiscal Control.

(b) "Final money judgment" means any judgment for monetary damages after all appropriate appeals from the judgment have been exhausted or after the time has expired when appeals may be taken.

(c) "Local Government" means cities and towns, counties, school districts, joint powers boards, airport boards, public corporations, community college districts, special districts and their governing bodies, all political subdivisions of the State, and their agencies, instrumentalities and institutions, and includes eligible senior citizens centers.

(d) "Public Employee" means any officer, employee or servant of a local government including elected or appointed officials, and persons acting on behalf or in service of the local government in any official capacity, whether with or without compensation, but the term does not include an independent contractor, peace officer or a judicial officer exercising the authority vested in him.

(e) "Risk Manager" means the administrator of the Purchasing and Property Control Division of the Department of Administration and Fiscal Control.

(f) "Scope of Duties" means performing duties which a local government requests, requires or authorizes a public employee to perform, regardless of the time and place of performance.

(g) "This Act" means W.S. 1-42-101 through 1-42-112.

(h) "Eligible senior citizen center" means a private, non-profit corporation which is providing the services to senior citizens under W.S. 18-2-105 in a geographical area which is not otherwise served by a senior citizen center which participates in the local government insurance account.

(i) "Board" means Local Government Self Insurance Program Policy Board created by W.S. 1-42- 105(c).

(j) "LGSIP" means Local Government Self Insurance Program.

(k) "Deductible" means relieves LGSIP of responsibility for an initial specified Loss of the kind insured against. LGSIP pays settlement or judgment and bills local government for reimbursement of the deductible.

(l) "Retention" means the act of retaining. The local government pays a settlement or judgment up to the retention amount and LGSIP pays the balance of settlement or judgment.

History

Effective 1989-07-20

Chapter 2 Administration

Wyo. Code R. 006.0003.2.07201989 Administration

CHAPTER II

ADMINISTRATION

Section 1. Creation of Policy Board. The Governor shall appoint a Local Government Self- Insurance Policy Board composed of seven (7) members, whose term of appointment shall be for two (2) years and who may be reappointed. The Board shall be comprised of the Governor, the Insurance Commissioner, the Risk Manager, and four (4) elected officials of participating local governments.

Section 2. Board Meetings. The Board shall meet at least quarterly, or more frequently at the call of the Chairman. Meetings are open to the public. A majority of the members constitutes a quorum for the transaction of official business. Minutes shall be kept of all meetings and signed by the Chairman, which minutes shall be preserved by the Office of the Purchasing & Property Control Division.

Section 3. Election of Officers. The Board at the first meeting, and every two (2) years thereafter, shall select a chairman and a vice chairman from among its members, who shall serve until their successors are selected.

Section 4. Powers and Duties of Policy Board. The Board shall establish all policies, rules and regulations for the Local Government Insurance Program. The Board may contract with any firm or firms to provide administrative or other services deemed necessary under this act.

History

Effective 1989-07-20

Chapter 3 Powers and Duties of Risk Manager

Wyo. Code R. 006.0003.3.07201989 Powers and Duties of Risk Manager

CHAPTER III

POWERS AND DUTIES OF RISK MANAGER

Section 1. Powers and Duties. Except as otherwise provided in this act, this risk manager shall:

(a) Administer the local government insurance account;

(b) Implement and administer a loss prevention program for participating local governments for the purpose of reducing risks, accidents and losses;

(d) Provide legal services for the defense of claims covered by this act through private attorneys approved by the attorney general;

(e) Approve and supervise persons who may contract to provide services;

(f) Procure insurance, including reinsurance, consistent with market availability;

(g) Purchase loss prevention, actuarial and other professional services as required;

(h) Provide evidence of insurance under this act by issuance of a certificate or policy to each participating local government;

(i) Establish deductibles or retentions as deemed necessary for the efficient operation of the account; and

(j) Adopt rules governing the administration of the local government insurance account and loss prevention program.

Section 2. Establishment of Assessments. Establish assessments as necessary to operate the account on an actuarially sound basis. Assessments shall be computed to provide for:

(a) Expenditures authorized under W.S. 1-42-103(c) and (d);

(b) Stabilization charges to develop adequate reserves, and

(d) Apportion and collect assessments from each participating local government which, to the extent possible, shall be in accordance with actuarially sound principles based upon risk and loss experi- ence in the State of Wyoming and, if necessary, in states contiguous thereto,

History

Effective 1989-07-20

Chapter 4 Procedures for Enrollment in Local Government Self-Insurance Program

Wyo. Code R. 006.0003.4.07201989 Procedures for Enrollment in Local Government Self-Insurance Program

CHAPTER IV

PROCEDURES FOR ENROLLMENT IN THE LOCAL GOVERNMENT

SELF INSURANCE PROGRAM

Section 1. Application and determination of eligibility.

(a) An interested local government shall submit a letter to the Division stating its interest in enrolling in the Local Government Self Insurance Program.

(b) The Risk Manager will determine if the interested local government is an eligible local government as required under W.S. 1-39-103 (a) (ii). The Risk Manager may request additional infor- mation from the local government to make this determination.

Section 2. Establishment of local government assessment.

(a) An eligible local government must complete the LGSIP application and return it to the Division.

(b) The Risk Manager shall review the application and establish an appropriate assessment, in accordance with W.S. 1-42-105 (a) (ix), (x) and (xi). The Risk Manager shall also establish a deductible and retention amount in accordance with W.S. 1-42-105 (a) (xii). The Risk Manager will then bill the local government for the assessment.

(c) Upon receipt of the local government's remittance of the assessment, the Division will send a certificate of participation to the local government. Coverage shall commence on the effective date shown in the certificate of participation.

Section 3. Renewal. At the end of each year the Division will forward to each local government a renewal application. The Division will establish a new assessment based on the information on the renewal application.

History

Effective 1989-07-20

Chapter 5 Coverages under Local Government Self-Insurance Program

Wyo. Code R. 006.0003.5.07201989 Coverages under Local Government Self-Insurance Program

CHAPTER V

COVERAGES UNDER LOCAL GOVERNMENT SELF INSURANCE PROGRAM

Section 1. Purpose of the Program. To handle claims made under the Wyoming Governmental Claims Act and claims arising under 42 U.S.C.s 1983 or other federal statutes. Coverage shall be provided only for such claims.

Section 2. Scope of participation. Participants shall enroll in the program for all coverages required under the Governmental Claims Act and this act. No participant shall be allowed to choose only a portion of coverages.

Section 3. Authorized Expenditures from Local Government Insurance Account. Upon approval of the risk manager, expenditures from the local government insurance account shall be made for the following items and under the following conditions:

(a) For claims which have been settled or reduced to final judgment as set forth in W.S. 1-42-103 (c).

(b) Unless the act or omission upon which a claim is based is determined bythe court or jury to be within the public employee's scope of duty, no funds shall be expended from the local government insurance account in payment of the final judgment against the public employee. This paragraph shall not apply to cases which are settled prior to judgment.

(c) The local government insurance account shall be limited to payment of no more than five hundred thousand dollars ($500,000.00) for any one (1) occurrence plus loss adjustment expenses. Participating local governments shall be responsible for the amount of any adjudicated claims and expenses in excess of this amount.

(d) Not withstanding any other provision of this act, no expenditure shall be made out of the Local Government insurance account in any action to pay any claim or final money judgment for exemplary or punitive damages.

(e) Nothing under these rules or the certificate shall be deemed to:

(i) Increase the limits of liability under W.S. 1-39-118 for claims brought under the Wyoming Governmental Claims Act;

(ii) Affect the liability of a participating local government or any of its public employees on any claim arising out of the same accident or occurrence; or

(iii) Waive the protection of a local government or its public employees from liability where immunity has not been specifically waived.

(f) Nothing in the act, these rules, or the certificate of participation shall be construed as subjecting the local government insurance account to the laws of the state regulating insurance or insurance companies.

(g) Self-insurance provided under this act shall not be considered a purchase of insurance coverage and shall not be deemed an increase of the limits of liability under W.S. 1-39-118(b).

(h) If other valid or collectible insurance is procured by a participant covering a loss also covered by LGSIP, the coverage provided under LGSIP shall not be excess of and shall not contribute with such other insurance. Participants may procure excess insurance. Nothing contained herein shall be construed to make these policies subject to the terms, conditions and limitations of other insurance.

History

Effective 1989-07-20

Chapter 6 Procedure for Claim Filing and Notification

Wyo. Code R. 006.0003.6.07201989 Procedure for Claim Filing and Notification

CHAPTER V

IPROCEDURE FOR CLAIM FILING AND NOTIFICATION

Section 1. Claim Procedure. Nothing in these rules or the certificate of participation shall be deemed to obviate the necessity of compliance with W.S. 1-39-113 through W.S. 1-39-115.

Section 2. Local Government Responsibility.

(a) The local government shall notify the Division in writing within ten (10) days of occurrence or knowledge of occurrence of any accident, occurrence or loss which could reasonably be assumed would produce a liability claim. (See Item "c"). For accidents or occurrences involving bodily injury, the Division should be notified as soon as practical by phone, followed by the required written notice.

(b) The local government shall forward the original notice of claims or lawsuit to the Division immediately following receipt, designating:

(i) the date received by the local government representative upon whom notice was served and;

(ii) If personally presented, by whom and date served;

(iii) If by mail, date received;

(iv) Any and all correspondence received from the party submitting the claim.

(i) Time, place and circumstances giving rise to the claim or occurrence;

(ii) Identity, address and phone number of persons involved, including any witnesses;

(iii) Statements of circumstances from employee(s)involved in or witness to the accident; and

(iv) Name, title, address and phone number of local government representative that will be available for further contact.

(d) No local government has the authority to obligate funds of the self insurance account.

(e) Notices and reports are to be sent to: DAFC Purchasing & Property Control Insurance Section 324 E Emerson Building Cheyenne, WY 82002-0060

Section 3. Division's Responsibility.

(a) Upon receipt of claim, the Division will review the claim. If a claim or portion of a claim is not covered by the provisions of statute or certificate the Division will notify the participant in writing.

(b) The division reserves to itself the right to assign claims or lawsuits to an assigned adjuster or attorney.

History

Effective 1989-07-20

Chapter 7 Cancellation Policy

Wyo. Code R. 006.0003.7.07201989 Cancellation Policy

CHAPTER VII

CANCELLATION POLICY

Section 1. Voluntary Cancellations.

(a) Cancellation by a participant shall normally be allowed at the end of the coverage period set forth in the certificate of participation. The Board may allow midterm cancellations. Such cancellations shall result in a refund on pro-rata basis minus a surcharge equal to 10% of annual premium.

(b) The Entity shall give written notification of the intent to cancel thirty (30) days prior to the end of the coverage period.

Section 2. Denial or Termination of Participation. The Risk Manager, with the approval of a 2/3 majority of the Board may deny a local government participation in or may terminate a participant from the program, for the following reasons:

(a) failure to pay the assessments required under the act and established pursuant to these rules;

(b) failure to adopt or implement the risk management practices adopted for the program.

History

Effective 1989-07-20

Chapter 8 Compromise or Settlement of Claims Authority

Wyo. Code R. 006.0003.8.07201989 Compromise or Settlement of Claims Authority

CHAPTER VIII

COMPROMISE OR SETTLEMENT OF CLAIMS AUTHORITY

Section 1. Procedure for Settlement. Once a determination has been made that a claim shall be settled the Division will notify the local government of the recommended settlement before a settlement offer is made.

Section 2. Compromise or settlement of claims. The Risk Manager, in settling a claim, may require the execution and presentation of those documents required by rule and regulation including those documents which discharge or hold harmless the local government or public employee of all liability under the claim.

Section 3. Settlement Authority. Following receipt and review of comments from the governing body of the affected participating local government, the following parties are authorized to make com- promises or settlements of claims not covered by insurance in the following amounts:

(a) Local government up to its retention amount;

(b) A claims adjuster employed by the division or under contract with the division is authorized to settle claims for an amount not to exceed five thousand dollars ($5,000.00);

(d) The risk manager, after consultation with the attorney general, is authorized to settle claims for an amount not to exceed fifty thousand dollars ($50,000.00);

(e) The governor is authorized to settle claims for any amount if the action arises under federal law. The governor is authorized to settle claims brought under the Wyoming Governmental Claims Act for any amount not to exceed the maximum liability limits under the Wyoming Governmental Claims Act.

(f) The risk manager has the final decision in settling claims beyond retention amount, provided he first consults with the Local Government and subject to limits set forth in W.S. 1-42-107(c).

(g) The Risk Manager and the State have no liability, and no cause of action exists against either the Risk Manager or the State, for failure to settle a claim.

Section 4. Wyoming Administrative Procedure Act. The provisions of the Wyoming Admin- istrative Procedure Act are not applicable to the payment or settlement of claims. Any person or party adversely affected in compromising or settling a claim shall pursue his remedy in district court pursu- ant to the Wyoming Rules of Civil Procedure.

History

Effective 1989-07-20

Chapter 9 Reports

Wyo. Code R. 006.0003.9.07201989 Reports

CHAPTER IX

REPORTS

Section 1. Annual Report. The Division shall make an annual report to the governor and the Legislature. The report shall include:

(a) The total number of claims filed against participating local governments and their public employers under this act;

(b) The number and amount of claims settled;

(d) The number and amount of final judgments paid;

(e) The number of claims pending and the reserves set aside for each pending claim;

(f) The types and cost of insurance coverages procured as authorized under this act;

(g) Amounts advanced under W.S. 1-42-104 (a);

(h) The number of local governments participating in the program and the amount of assess- ments paid into the account by each.

History

Effective 1989-07-20

Chapter 10 Interfund Transfer; Repayment to Account; Investment of Funds

Wyo. Code R. 006.0003.10.07201989 Interfund Transfer; Repayment to Account; Investment of Funds

CHAPTER X

INTERFUND TRANSFER; REPAYMENT TO ACCOUNT; INVESTMENT OF FUNDS

Section 1. Interfund Transfer. Upon certification by the governor to the State Treasurer that there are inadequate monies in the local government insurance account to meet the obligations under W.S. 1-42- 103, the State Treasurer shall utilize an interfund transfer from the legislative government royalty impact assistance account created by W.S. 9-4-601(b)(ii) to the local government insurance account in an accumulated amount not to exceed five million dollars ($5,000,000.00) to make payments authorized under W.S. 1-42-103 which cannot be paid due to the insufficiency of any other revenues available.

Section 2. Repayment to Account. Monies advanced to the account shall be repaid from the account to the legislative government royalty impact assistance account at a rate of interest and upon terms set by the board of deposits upon the recommendation of the division.

Section 3. Investment of funds. The state treasurer shall invest any portion of the funds in the account, including reserves, which the risk manager determines is not needed for immediate use. Invest- ments shall be made as authorized by W.S. 9-4-701.

History

Effective 1989-07-20

Chapter 11 Applicability

Wyo. Code R. 006.0003.11.07201989 Applicability

CHAPTER XI

APPLICABILITY

Section 1. Applicability. This act applies to claims against a local government or its public employees based upon acts, errors or omissions occurring on and after the date the risk manager issues a certificate certifying the local government has completed all acts necessary for participation in the account including payment of the initial assessment.

History

Effective 1989-07-20

Chapter 13 Changes to Rules and Regulations

Wyo. Code R. 006.0003.13.07201989 Changes to Rules and Regulations

CHAPTER XIII

CHANGES TO RULES AND REGULATIONS

Section 1. Changes. Any new legislation, adopted after the effective date of these rules and regulations, which either changes or adds to these rules and regulations shall automatically form a part of these rules and regulations.

Section 2. Notification of changes. The division shall notify participants in writing of any new legislation which changes or affects these rules and regulations.

History

Effective 1989-07-20

5 Official Group Insurance

Chapter 1 General Information

Wyo. Code R. 006.0004.1.01312020 § 1 Purpose

These rules shall govern the administration of the State Employees' and Officials' Group Insurance Act, Wyoming Statutes §§ 9-3-202 through 9-3-218, as amended.

History

Effective 2020-01-31

Wyo. Code R. 006.0004.1.01312020 § 2 Applicability

These rules apply to the Department of Administration and Information in the administration of the Wyoming State Employees' and Officials' Group Insurance Program, employees of the Department, Carriers, Wyoming State Employees' and Officials' Group Insurance Program participants, and applicants for coverage under the Wyoming State Employees' and Officials' Group Insurance Program.

History

Effective 2020-01-31

Wyo. Code R. 006.0004.1.01312020 § 3 Definitions

Unless otherwise defined in the State Employees' and Officials' Group Insurance Act or these rules, words shall be given their ordinary meaning.

(a) "Advisory Panel" means the panel of program participants established by the Director pursuant to W.S. § 9-3-217.

(b) "Department" means the Wyoming Department of Administration and Information.

(c) "Director" means the Director of the Wyoming Department of Administration and Information or an employee of the Department designated by the Director.

(d) "Carrier" means an entity defined as W.S. § Section 9-3-203(a)(ii), which has contracted with the Department to provide a plan of group insurance coverage for state employees and officials. For the purpose of contested case proceedings under Chapter III of these rules, Carrier shall also include an entity which has contracted with the Department pursuant to W.S. § 9-3-205(a)(xiii) to provide specialized services related to the administration of a self insurance program established pursuant to W.S. § 9-3-201(d).

(e) "Complainant" means a program participant or applicant who is seeking review in a contested case proceeding of a decision related to the allowance and payment of claims, eligibility for coverage or other matters.

(f) "Legal holiday" means the holidays described in W.S. § 8-4-101.

(g) "Program" means the various benefits provided to State of Wyoming employees, officials and retirees pursuant to the State Employees' and Officials' Group Insurance Act, W.S. §§ 9-3-202 through 9-3-218.

(h) "Retiree" means an individual who has terminated his working career as an employee of an employing entity participating in the group insurance plan and who is eligible to receive a retirement benefit under the Wyoming retirement system and who is eligible for coverage pursuant to W.S. § 9-3-218.

History

Effective 2020-01-31

Wyo. Code R. 006.0004.1.01312020 § 4 Time Computation

(a) In computing any period of time prescribed or allowed by these rules, the day of the act, or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper, a day on which weather or other conditions have made the office of the Department inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days.

(b) When the time period prescribed or allowed by these rules is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party, and the notice or paper is served upon the party by mail, three days shall be added to the prescribed period.

History

Effective 2020-01-31

Chapter 2 Administration

Wyo. Code R. 006.0004.2.10192001 Administration

CHAPTER 2

ADMINISTRATION

Section 1. Advisory Panel Meetings. The Advisory Panel shall meet quarterly or upon call of the Director as may be necessary to conduct its business. Meetings shall be open to the public. A majority of the members of the Advisor Panel shall constitute a quorum for the transactions signed by the chairman. The Director may permit Advisory Panel members to attend meetings by telephone. Minutes of the meetings of the Advisory Panel shall be preserved in the Director's office.

Section 2. Appointment of Advisory Panel Members and Election of Officers

(a) The members of the Advisory Panel shall be appointed for terms of two (2) years. Each regular term shall begin on June 1 of the year of appointment and shall end on May 31 of the year in which the term expires. Members appointed to replace a member who has resigned or become inca- pacitated shall be appointed to serve the remainder of the term of the member replaced. Ninety (90) days prior to the expiration of the term of any member, or upon the resignation or incapacitation of any member, the Director shall, in a manner calculated to efficiently obtain an adequate pool of qualified nominees, request nominations of qualified individuals representing the specified employee groups participating in the group health insurance plan, including state agencies, the University of Wyoming and community colleges, and retired employees who are plan participants, as may be necessary to maintain the proportional representation of the specified groups required by W.S. § 9-3-217.

(b) The Director shall consider all nominations provided in response to his request, but may also consider and appoint to the Advisory Panel individuals other than those nominated. The Director shall not be required to appoint any or all of the nominees.

(c) Nominations for members must be received in the Director's office no less than forty five (45) days after the date of the issuance of the Director's request(s) for nominations. If no nomination is received in response to the Director's request, the director shall at his discretion appoint members as are required to properly constitute the Advisory Panel pursuant to W.S. § 9-3-217.

(d) Upon receipt of a nomination, the Director shall verify that the person nominated is an active plan participant and is otherwise eligible to serve as an Advisory Panel member.

History

Effective 2001-10-19

Chapter 3 Contested Case Proceedings

Wyo. Code R. 006.0004.3.06022021 § 1 Authority

The Department is authorized to under Wyoming Statute § 9‑3‑205(vi) to establish a procedure to hear complaints by insured employees concerning the allowance and payment of claims, eligibility for coverage and other matters.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 2 Exclusivity of Remedy

These rules provide the exclusive administrative remedy in disputes concerning the allowance and payment of claims and eligibility for coverage. Pursuant to W.S. § 9-3-205, the Director's decision shall be binding in disputes concerning the allowance and payment of claims and eligibility for coverage.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 3 Counsel Not Required

The parties shall have the right to appear in person or by or with counsel but may present their own evidence and argument and shall not be required to have an attorney at any stage of proceedings under these rules.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 4 Attorneys' Fees or Costs

The Director has no authority to award attorneys' fees or costs, and shall not consider claims for attorneys' fees or costs. The hearing officer shall not allow the presentation of evidence related to such claims.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 5 Medical Necessity Determinations

There is no contested case proceeding for medical necessity determinations. The determination of the independent medical review organization in accordance with W.S. § 26-40-201 shall become the final order of the Director. The date the independent review organization provides its written notice of decision is the date of the Director's final decision for purposes of judicial review of administrative action under Rule 12 of the Wyoming Rules of Appellate Procedure.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 6 Initiation of Proceedings

Proceedings other than medical necessity determinations shall be initiated as follows:

(a) The complainant shall file a statement of dispute the Department. The statement of dispute shall be filed within six (6) months of the final notification of denial sent to the employee upon completion of the internal appeals process required by the Carrier. The final notification must be in a written form and may include, but is not limited to, a letter, notification, or explanation of benefits sent to the employee. The statement of dispute shall contain the following:

(i) The complainant's name, address, telephone number, social security number, and place of employment;

(ii) A brief description of the dispute;

(iii) If the dispute involves the denial of coverage or of a claim, the statement shall include the reasons for denial, as understood by the complainant;

(iv) Copies of any relevant documents, including but not limited to bills, statements, and the carrier's explanation of benefits;

(v) Information regarding any contacts the complainant has had with the opposing party regarding the disputed matter, including attempts to settle the dispute; and,

(vi) A statement verifying that a copy of the statement of dispute has been sent to the carrier or other opposing party, and stating the date upon which the copy was sent.

(b) The Department will then forward the statement of dispute to the Office of Administrative Hearings to commence a contested case hearing.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 7 Contested Case Hearings

When required, contested case hearings shall be held in accordance with the Wyoming Administrative Procedure Act, W.S. § 16-3-101 through -115 and the rules administered by the Office of Administrative Hearings. The Department hereby incorporates by reference the following uniform rules: Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective July 20, 2017, found at https://ai.wyo.gov/divisions/human-resources/group-insurance. For these rules incorporated by reference:

(a) The Department has determined that incorporation of the full text in these rules would be cumbersome and inefficient given the length and nature of the rules;

(b) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in Section 8; and

(c) The incorporated rule is maintained at Department and is available for public inspection and copying at cost at the same location.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 8 Confidentiality of Hearings

Due to the constraints imposed under the Health Insurance Portability and Accounting Act of 1996 (HIPAA), hearings held under these rules shall be open to the public, except to the extent that statutorily protected confidential health information is presented. Such confidential information shall be sealed by the hearing officer and not released to the public. Additionally, the complainant may request in writing to the hearing officer that the hearing be closed.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 9 Proposed Final Order

Within ten business (10) days of the conclusion of the hearing, the hearing officer shall submit a proposed final order, together with the record of the proceedings, to the Director. The proposed final order shall include proposed findings and conclusions. Copies of the proposed final order shall be served on both parties by first class mail.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 10 Exceptions to Proposed Final Order, Reply

Within ten business (10) days of submission of the proposed final order to the Director, a party may file an exception to any portion of the proposed final order. The exception shall state the specific portion(s) of the final order the filing party disagrees with, and the reason(s) for the disagreement, and shall propose any alternative finding(s), conclusion(s) or result advocated by the filing party. Any party filing an exception to the proposed final order submitted to the Director by the hearing officer shall serve a copy of the exception on the other party. A party may file a reply to an exception filed by the opposing party within five business (5) days of the filing of the exception.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 11 Final Order

Not more than forty five (45) calendar days after the proposed final order is submitted, the Director shall issue the final decision in the form of a written final order, which shall include findings and conclusions, and shall be served on the parties by certified or registered mail.

History

Effective 2021-06-02

Wyo. Code R. 006.0004.3.06022021 § 12 Judicial Review

Judicial review from a final order of the Director shall be governed by W.S. § 16-3-114 and Rule 12 of the Wyoming Rules of Appellate Procedure.

History

Effective 2021-06-02

6 Personnel-Suggestion Award Board

Chapter 1 General Provisions

Wyo. Code R. 006.0005.1.10151999 General Provisions

CHAPTER I

GENERAL PROVISIONS

Section 1. Purpose. The Suggestion Award Program is established to recognize employees with monetary or other types of awards who contribute suggestions that reduce expenditures, increase revenues or productivity, eliminate safety hazards, improve efficiency in State operations and services or result in other benefits to the State.

Section 2. Authority. The Suggestion Award Program is authorized by W.S. 9-2-1034. This law establishes a Suggestion Award Board (hereafter referred to as "Board") composed of four (4) state employees and (1) staff coordinator appointed by the Governor.

Section 3. Responsibilities.

(a) Suggestion Award Board. The Board shall be responsible for the following:

(i) Adoption of rules and regulations, including criteria for making awards.

(ii) Administration of the program to ensure uniformity and consistency among agencies.

(iii) Reviewing and approving agency recommendations regarding whether an award shall be made and the type and amount of the award.

(iv) Reviewing and approving all non-cash award alternatives.

(b) Suggestion Award Coordinator. The Suggestion Award Coordinator shall be responsible for;

(i) Scheduling and coordinating quarterly Board meetings and award events.

(ii) Participating as a voting member on the Board.

(iii) Forwarding suggestions to appropriate Agency Heads for evaluation.

(iv) Receiving evaluation results and reporting all problems, issues, disputes and status of suggestion to the Board.

(v) Developing and maintaining a record keeping system and preparing periodic reports regarding the achievements of the program.

(vi) Developing marketing strategies for the program.

(i) Appointing an Agency Coordinator to act as the liaison between the agency and the Board and coordinating the program within the agency.

(ii) Appointing an Evaluation Committee to assist in the investigation and evaluation of suggestions and recommendations for type and amount of the award. The size and membership of such committee shall be determined by the agency head.

(iii) Making recommendations to the Board regarding eligibility of employees and suggestions for awards.

(iv) Making recommendations to the Board as to whether an award shall be made and the type and amount of the award.

(v) Ensuring that suggestions are fairly evaluated and implemented within a reasonable time frame.

(vi) Encouraging employees to participate in the Suggestion Award Program.

(vii) Authorizing non-monetary program rewards.

(d) Agency Coordinator. The agency coordinator shall be responsible for the following:

(i) Receiving and processing suggestions.

(ii) Monitoring evaluation status of suggestions and keeping suggestors informed.

(iii) Conducting initial eligibility determination of employees or suggestions for an award.

(iv) Notifying the Board of the agency's intent to adopt/reject a suggestion and recommending type and amount of award for the adopted suggestion with sufficient documentation to support recommendation.

(v) Developing internal marketing strategies for the plan.

History

Effective 1999-10-15

Chapter 2 Eligibility Requirements

Wyo. Code R. 006.0005.2.10151999 Eligibility Requirements

CHAPTER II

ELIGIBILITY REQUIREMENTS

Section 1. Eligibility Requirements for Suggestors.

(a) All active and retired employees of the executive branch of Wyoming state government are eligible to participate in the Suggestion Award Program.

(b) The Governor's staff, department directors, commissioners, deputy directors, deputy commissioners, division administrators, major fiscal and administrative policy development staff or equivalent are excluded by W.S. 9-2-1034 from receiving monetary awards.

(c) The Board shall have the final authority to determine if a suggestor is eligible to receive a monetary or other type of award. Eligibility information may be solicited from the agency head.

Section 2. Eligibility Requirements for Suggestions.

(a) Suggestions shall be submitted on the approved form and shall identify a problem or area in which cost savings, productivity or efficiency can be improved, recommend a specific action to resolve the problem or improve the situation and describe the expected savings or benefits to the Sate.

(b) Suggestions of the following types shall not be eligible for award consideration:

(i) Correction of a condition that exists only because established procedures or policies are not being followed.

(ii) An award has been granted for the suggestion previously.

(iii) The suggestion is too vague or ambiguous to be properly evaluated or implemented as written, or no method or procedure to implement the suggestion has been proposed.

(iv) Personal complaints, grievances, opinions or issues.

(v) Suggestions requiring legislative action. If legislation is passed implementing the idea, the Suggestors may be considered for an award by the Board.

(vi) Ideas under active consideration by management, i.e., management is actively considering the idea prior to the suggestion being made. Documentation of prior consideration shall be made available by management.

(vii) The employee has obtained a patent on the idea or has claimed copyright thereon.

(viii) Suggestions from an employee who has been assigned research, planning, investigation, or management analysis of a specific problem as a part of their job duties.

(ix) Suggestions from supervisory personnel pertaining to the employee's work unit unless the suggestion requires approval of a higher authority to implement or if the suggestion applies to work units beyond the Suggestors area of responsibility.

(x) Suggestions concerning employee classification and compensation other than those involving procedure or administration.

(xi) Suggestions to eliminate, lower or raise fees or taxes levied by the state.

(xii) Suggestions dealing with new procedures or programs which have been in effect for less than six (6) months.

(xiii) Criticism of the employees or their work performance.

(xiv) Recommend a "study or survey or review" with the course of action to be taken in accordance with the findings.

Section 3. Joint Submission of Suggestions.

(a) A suggestion submitted by a group of employees shall be treated as a team suggestion and any award will be equal among the eligible employees. A suggestion form submitted by a team of employees must bear the names and signatures of all individuals involved.

History

Effective 1999-10-15

Chapter 3 Awards

Wyo. Code R. 006.0005.3.10151999 Awards

CHAPTER III

AWARDS

Section 1. Award Types.

(a) Awards may be given to employees for suggestions that result in either measurable savings or other benefits to the state. Awards may be either monetary or nonmonetary. Monetary awards shall be for savings that can be calculated using a cost/benefit analysis within limits prescribed by W.S. 9-2- 1034 and these rules. Nonmonetary awards shall be for intangible benefits for which a cash savings cannot be calculated.

(b) Awards shall be based on savings or benefits realized by the state in the first twelve (12) months following the date the suggestion is implemented.

(c) Awards shall be given to eligible employees whose suggestions are adopted and successfully implemented by a state agency.

Section 2. Awards.

(a) The maximum monetary award paid to an individual shall be limited to five percent (5%)of the first year's estimated annual net savings, or five thousand dollars ($5,000.00), whichever is less.

(b) The total amount of a monetary award for a team suggestion paid by one or more agencies shall not exceed twenty-five percent (25%) of the first year's savings. Each team member shall receive an equal award with a maximum of five percent (5%) of the savings, or five thousand dollars ($5,000.00), whichever is less.

(c) Awards for savings of less than ten thousand dollars ($10,000.00) shall be in the form of a cash award or an alternative noncash award system.

(d) Awards for suggestions that are intangible in nature may be rewarded through the use of administrative leave not to exceed five (5) days or other non-monetary rewards.

(e) Net annual savings shall be certified by the evaluating agency and verified by the Board. Net annual savings shall be determined by subtracting the cost to implement a suggestion from the estimated gross savings for the first year after the suggestion has been adopted.

(f) Monetary awards shall be paid by the principal benefitting agency or agencies from the amount of funds or appropriate money saved or increased by implementing the suggestion.

(g) The board shall identify the agency or agencies who shall be the principal beneficiary of the suggestion. If other agencies are able to benefit from the suggestion, the board shall determine if the monetary award shall be prorated among the benefitting agencies. Suggestions become the property of the state and can be used in other agencies with no additional monetary award.

(h) Monetary awards shall be considered as taxable income and all appropriate federal income and FICA taxes shall be withheld.

(i) Monetary awards shall normally be paid upon initiation of a suggestion based on estimated net savings for one year following implementation. If a monetary award amount cannot be reasonably and accurately calculated, the agency, with the Board's permission, may elect to pay in the following manner.

(i) A partial payment may be granted to the Suggestors, upon initiation of the suggestion. The remainder of the monetary award shall be paid in a lump sum when total savings are documented. No interest shall be paid on that portion which is yet to be awarded.

(ii) Unexpected savings recognized within one (1) year following implementation of the suggestions may be re-evaluated and awarded in accordance with Section 2.

(j) A certificate of recognition shall be given with all awards.

History

Effective 1999-10-15

Chapter 4 Conditions in Processing Suggestions

Wyo. Code R. 006.0005.4.10151999 Conditions in Processing Suggestions

CHAPTER IV

CONDITIONS IN THE PROCESSING OF SUGGESTIONS

Section 1. Duplicate Suggestions. If duplicate or substantially similar suggestions are submitted, the suggestion with the earliest date of receipt by the Board shall be eligible for consideration.

(a) If duplicate or substantially similar suggestions are received on the same date, these suggestions shall be considered eligible for consideration and any awards shall be shared equally by the eligible Suggestors.

(b) The Board shall have final authority in determining the duplication or similarity of suggestions.

Section 2. Modification of Suggestions. If an agency modifies an employee's suggestion and initiates the suggestion in a different form, the employee shall be eligible for an award if the employee's suggestion was directly responsible for the action taken by the agency's management. The reward shall be made on the basis of the suggestion's contribution or impact on the implemented process or procedure.

Section 3. Active Life of Suggestions. The active life of an eligible suggestion shall be from date of receipt by the Board. A nonadopted suggestion shall remain eligible for award consideration if adopted within one (1) year from the date of final disposition.

Section 4. Administrative Functions. The Board may authorize the Suggestion Award Coordinator to make the day-to-day decisions involving the administration of the program. This may include, but not be limited to, eligibility of suggestions and Suggestors, referral of suggestions to appropriate agencies, and responding to questions or problems. All final decisions shall be made by the Board and are not subject to appeal through grievance or other employee dispute resolution procedures.

(i) Funding for the administration of the suggestion awards program shall be through the savings generated. When an award is approved, one percent (1%) to a maximum of five thousand dollars ($5,000.00) of the anticipated savings shall be deposited in a program administration account to fund marketing and administration of the program. These funds shall not be used to fund additional positions.

History

Effective 1999-10-15

Chapter 5 Protection Criteria

Wyo. Code R. 006.0005.5.10151999 Protection Criteria

CHAPTER V

PROTECTION CRITERIA

Section 1. Rights to Use a Suggestion.

(a) The use by the State of an employee's suggestion shall not form the basis of a further claim of any nature upon the State by Suggestors, the Suggestors's heirs or assigns.

(b) When an award is granted, the suggestion shall be considered the property of the State. The State shall have the right to make full use of the suggestion in any form or within any agency, modified or otherwise, as it sees fit without further claim by the Suggestors. The right of the State to use a suggestion shall not in any way be abridged or limited by copyrights or patents.

Section 2. Former or Deceased Employees.

(a) Former employees shall remain eligible for a monetary award if the State adopts the suggestion within one (1) year from the date of final disposition.

(b) In the case of a deceased employee, any monetary award shall be paid to the employee's heirs or estate.

History

Effective 1999-10-15

7 Purchasing Division

Chapter 0 Appendix

Wyo. Code R. 006.0006.0.08312011 Appendix

APPENDIX DEFINITIONS

The following definitions are an integral part of these rules and whenever used in these rules or in any purchasing policy statement, memoranda or correspondence these terms shall be understood to have the following meanings:

1. Action. Process to follow to accomplish procedures.

2. Addendum. A supplement denoting a written change to an Invitation for Bid, Request for Proposal or Contract.

3. Addition. Used in construction context for any construction addition to any existing public structure.

4. Advertising. The solicitation of competitive sealed bids through advertising. Publication of notice of acceptance.

5. Affidavit. A written statement sworn to before a notary.

6. Agency. The division of government initiating the purchasing process.

7. Agreement. An understanding or arrangement between two or more parties.

8. Alteration. A modification.

9. Amendment. A formal statement of a change.

Award. To declare as legally granted.
Bank Money Order. An order for the payment of a specified amount of money, issued and payable at a bank.
Bid. A competitive price offer made by an intended seller, usually in reply to an invitation for bid. A price offer made at a public auction.
Bid Opening. The act of publicly removing bids from bid file, opening the bid envelopes, and making available for public inspection, the bids received.
Bidder. Any vendor interested in answering bid invitations for the purpose of supplying the State with the items listed on the bid invitation.

(a) Local Bidder. Bidder residing in the community of any State Agency issuing bid invitations.

(b) In State-Bidder. Bidder residing within the State of Wyoming and whose main offices and principles of the company have been in the State for a least one year.

(c) Out-of-State Bidder. Bidder living outside of the State of Wyoming and whose main offices and principles reside outside the State. Agents in the State for a company whose main offices and principles reside outside of the State DO NOT qualify that company as an in-state Bidder

Bond. A bond executed in connection with a contract and which secures the performance and fulfillment of all the undertakings, covenants, terms, conditions, and agreements contained in the contract.
Brand Name Product. A product whose manufacturer is identified on the product, or on the package.
Certificate of Deposit. A certificate from a bank stating the named person has a specified sum on deposit.
Certified Check. A check drawn on a bank and accepted by it.
Commodity. Articles supplied to agencies distinguishable from goods or services or a quantity of goods.
Competitive Bidding. The offer of firm bids by individuals of firms competing for a contract, privilege or right to supply specified services or merchandise.
Confirming Order. A purchase order restating the same terms originally placed orally.
Conservation. Preservation from loss, waste or harm.
Construction. The building of a Public Structure.
Consultant. A vendor hired by an agency for the purpose of providing consulting services.
Contract. A written agreement entered into by a vendor and the State whereby the vendor agrees to supply to the State supplies, materials, labor, equipment, commodities or services under agreed upon conditions and terms
Contract Date. The date when a contract is accepted by all parties thereto.
Contract Number. A number assigned to Purchase Order-Contracts by the Division for reference of subsequent payments under the contract. The number also serves as a reference for future discussions.
Contractor. (1) any one of the parties to a contract; (2) one who contracts to perform work of furnishing materials in accordance with a contract.
Cost Plus. The pricing system permitting the seller to charge whatever his costs may be plus a fixed percentage of that cost.
Covering Letter. A letter sent with a package, another letter, etc; as an explanation or introduction.
Credit Note. The method of righting an overcharge, paying a trading rebate or for meeting value of goods or package returned.
A&I. Administration and Information.
Delivery Time. A time, agreed upon by the vendor, agency and the Division that the vendor will supply items called for by the Purchase Order or Purchase Order Contract.
Discount. Vendor's deduction from the selling price, usually upon some cost reducing condition such as prompt payment.
Emergency Order. Purchase of materials or services urgently needed.
Economic Life. The projected or anticipated useful life of a major facility as expressed by terms of years.
Encumbering. Obligates money for a specific use. Once expenditures are encumbered, they cannot be used for any other purpose.
Energy Consumption Analysis. The evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components, and the external energy load imposed on a major facility by the climatic conditions of its location.
Energy Efficient. Acting or producing effectively with a minimum of waste expense.
Energy Systems. All utilities, but not limited to heating, air conditioning, ventilating, lighting and the supplying of domestic hot water.
Escalation. The amount of adjustment permitted by an escalator clause.
Escalator Clause. A contract clause generally permitting a change upward, or downward, in case certain events transpire.
Excise Tax. A tax imposed on the manufacture, sale or consumption of product.
Expenditure. The actual spending of funds.
Fair Market Value. The value of an item as determined by negotiation between buyers and sellers and which value would be acceptable as a basis of a purchase and sale.
Firm Offer. A definite proposal to enter into a sales contract.
F.O.B Point. F.O.B. means Free on Board and indicates that during shipment of goods, by the vendor to the agency, the items are shipped free of cost to the agency to the point indicated on the Purchase Order or Purchase Order Contract.
Forms. Universally used documents with blanks for the insertion of details or information.
Furniture. Movable articles in a room that render it fit for working; the necessary equipment.
Goods or Services. Items that are being purchased by a Purchase Order or Purchase Order Contract.
Initial Cost. The monies required for the capital construction or renovation of a major facility. Original price paid.
Invitation for Bids. Solicitation of prospective suppliers by a purchaser requesting competitive price quotations.
Lease. A contract conveying from one person to another real estate or property for a term in quotations.
Letter of Intent. See Notice of Award.
License. A certificate granting permission to do a specific act or acts.
Life Cycle Cost. The cost of a major facility including its initial cost, the cost of the energy consumed over its economic life and the energy consumption related cost of its operation and maintenance.
Liquidated Damages. A sum agreed upon between the parties to a contract, to be paid as ascertained damages by that party who breaches the contract.
List Price. The price published in a catalog or other means of publication.
Major Facility. Any publicly owned or leased building having twenty-five thousand (25,000) square feet or more of usable floor space.
Materials. Items necessary to complete the specifications called for in construction contracts.
Merchandise. Various goods purchased as inventory for the Warehouse and used for resale by the Warehouse to various state agencies.
Mutual Assent. In every contract each party must agree to the same thing. Each must know what the other intends; they must mutually assent to be in agreement
Negotiation. Conference with a view of reaching agreement.
Net Price. Price after all discounts, rebates, etc. have been allowed.
Non-negotiated. Purchase or contract without use of conference to reach an agreement.
Notice of Award. A preliminary quasi-contractual arrangement by letter customarily used in circumstances where the items, quantities, price and delivery dates are known, but where the principal contract provisions may require additional time- consuming negotiations. Used to enter into interim agreements, pending a definitive contract production, or delivery of the supplies materials or services.
Notary. A public officer authorized to administer oaths by way of affidavits and depositions; also to attest to deeds and other formal paper in order that such papers may be used as evidence and be qualified for recording.
Offer. To bid, to present for approval.
Open Competition. Competition among vendors, on an equal basis, for the award of bid invitations.
Order. An instruction issued to a supplier for goods to be delivered at a price.
Partial Payment. The payment authorized in a contract upon delivery of one or more complete units called for under the contract, or upon completion of one or more distinct items or service called for there under.
Penalty Clause. A clause in a contract specifying the sum of money to be paid if the contractor defaults on the terms of his contract particularly in respect to time.
Performance Record. Record to indicate a supplier's ability to keep delivery promises and reliability, together with a consistency of quality of the product.
Policy. Statements of regulations governing the processes for procurement of supplies, materials, labor, commodities or services for use by State agencies.
Prepaid. A term denoting that transportation charges have been or are to be paid at the point of shipment.
Prevailing Wage. Wages paid in the locality in which the public works are being performed, to workman engaged in work of a similar character
Price. The amount paid or to be paid for the articles furnished by the seller.
Price Adjustment Clause. A clause in a contract allowing for adjustment in price up and/or down in accordance with circumstances arising during the term of the contract due to variances in wages, cost of living, etc.
Price Schedule. The list of prices applying to varying quantities or kinds of goods.
Procurement Policy. Course of action adopted in the buying of materials and services.
Progress Payments. Payments arranged in connection with purchase transactions requiring periodic payment in advance of delivery for certain statical amounts or for certain percentages of the purchase price
Proprietary Article. An item made and marketed by a person or persons having the exclusive right to manufacture and sell it.
Public Structure. Any structure owned by the State of Wyoming.
Purchase Order Number. A number issued by the Division for the purpose of referencing all Purchase Order-Vouchers sent to vendors authorizing the vendor to supply items authorizing payments to be made to the vendor from the Office of the Auditor.
Purchasing Technique. The manner or method by which purchases are made.
Quality. That which fits a product to a given use.
Quantity. Amount or number.
Quotation. A sales proposal including price, sales terms, and conditions. A price statement as an offer. A bid.
Recycled. To reuse waste material.
Renovation. Revision to a major facility which will affect any energy system.
Resource Conservation and Recovery Act. A public law requiring the consideration of recycled content in the purchase of goods or materials.
Repair. Used in construction context for any repair to any public structure.
Request for Proposal. A procurement technique used to obtain pricing in a competitive environment.
Requirement. Materials, personnel or services needed for a specified period.
Requisition. An internal document by which an agency sends to the Division details of materials or services to meet its needs.
Responsibility. The governmental unit or vendor whose duty it is to take action to see that procedure processes are accomplished.
Sales Tax. Levy upon a vendor's sale by an authorized level of government.
Service. The supplier's ability to comply with promised delivery date specifications and technical assistance
Sole Source. See Proprietary Article.
Specifications. A statement containing a detailed description or enumeration of particulars, as of the terms of a contract, etc.
Standard Contract. Standardized form of terms and conditions of contract.
Subcontractor. A person who takes a portion of a contract from the principal contractor.
Supplier. Furnisher.
Supplies. Items provided to agencies by vendors to aid in accomplishing their daily work activities. Also, supplies are used by contractors to complete construction contracts.
Supply. Furnishing or providing of what is needed to sustain an organization.
Terms. Requirements established by vendors to the agencies for payments of Purchase Orders and Purchase Contract.
Terms of Contract. Stipulations made in contracts.
Terms of Payment. The methods of payment under a sales contract.
Trade Discount. A reduction from list price predicated upon the position of the buyer in the distribution channel.
Trade-In. A piece of merchandise accepted as partial payment for a new purchase.
Use Tax. A tax imposed upon the user of goods.
Value. Intrinsic worth.
Value Analysis. The investigation of the performance of a material or a component in terms of its function and its costs.
Value Change Proposal. A formal cost reduction or efficiency proposal submitted by a contractor to the state for approval or disapproval.
Value Incentive Clause. A clause used in Invitations for Bid to allow a contractor the opportunity to submit a Value Change Proposal.
Vendor. Commercial enterprises that furnish the agencies supplies, labor, materials, equipment, commodities or services.
Wage Survey. A semi-annual investigation conducted by the Division to ascertain prevailing wage.
Waiver. Dispense with.
Warrant. The check issued by the Office of the Auditor to pay debts incurred by the State of Wyoming.
WOLFS. Wyoming Online Financial System.

History

Effective 2011-08-31

Chapter 1 General Provisions

Wyo. Code R. 006.0006.1.08312011 General Provisions

Chapter 1

GENERAL PROVISIONS

Section 1. Authority. These State Procurement Rules are promulgated by the Department of Administration and Information, General Services Division, Procurement Section, State of Wyoming, also hereinafter referred to as the Division in accordance with W.S. 9-2-1016, 16-6-111, 16-6-201 through 16-6-206, 16-6-116, 16-6-117, 16-6- 401 through 16-6-403, 27-4-413; and supersede and take precedence over any other purchasing rules promulgated by any state agency of the Executive Branch of government, except hereinafter provided by Section 2 Chapter 1.

Section 2. Coverage. These Procurement Rules shall apply to all agencies, offices, boards and departments in the Executive Branch of government except those noted in W. S. 9-2-1016(b).

Section 3. Interpretation. The Division shall be solely responsible for providing official interpretations of these rules in case of apparent internal conflicts between rules; when questions arise regarding the application of these rules to specific situations, procedures or policies; or upon the request of an agency head.

Section 4. Enforcement.

(a) The Division shall ensure that these rules are enforced, and that the provisions of these rules are applied uniformly and fairly throughout the Executive Branch.

(b) Agency Responsibility

(i) Agency heads are responsible for the application of these rules within their agency, and shall ensure that all agency employees comply with the provisions of these rules. Agency heads are responsible for the actions of agency management employees, when they are acting on purchasing matters or on behalf of the agency head.

(ii) Agency heads shall ensure that, as necessary, employees of the agency are knowledgeable of pertinent provisions of these rules, when such knowledge is required for proper execution of their duties.

Section 5. Purchasing Policies. The Division may, as necessary, issue written policy statements relating to the interpretation or application of these rules, procedures for the administration of purchasing functions and to other matters which it may consider necessary for proper purchasing procedure. Agency heads shall ensure dissemination of, and compliance with, such policy statements.

Section 6. Responsibility for Agency Functions. Agency heads shall ensure that the following functions are performed in their agency.

(a) The establishment and maintenance of internal procedures for administration of purchasing functions.

(b) The establishment and maintenance of purchasing records and files.

(c) If warranted by the size of the agency, the designation of a contact position for communication with the Division regarding purchasing.

(d) As necessary, the issuance of internal agency policies relating to procedures, lines of communication, authority to act in purchasing matters, work unit regulations and other purchasing policy matters not in conflict with the purchasing rules and State purchasing policies.

Section 7. Savings Clause. If any provisions of these rules or its application to any person or circumstance is held invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are severable.

History

Effective 2011-08-31

Chapter 2 Limitations on Procurement

Wyo. Code R. 006.0006.2.08312011 Limitations on Procurement

Chapter 2

LIMITATIONS ON PROCUREMENT

Section 1. Procurement Policies. Agencies shall obtain supplies, materials and services in accordance with state statutes and the requirements outlined in the Purchasing Procedures Manual. This Manual shows the current procurement dollar thresholds and the corresponding requirements for each level. A printed version of the Manual is available from the Procurement Section. The Manual is also available at the A&I website: http://ai.state.wy.us.

Section 2. Emergency Purchases. It is realized that there will be emergency purchases and other exceptions that the procurement policies and procedures do not cover. Emergencies or exceptions must be verbally authorized by the administrator prior to an agency making any commitment to vendors. As follow-up, the agency must write a letter, reiterating the situation, and forward it to Procurement.

History

Effective 2011-08-31

Chapter 3 Preferences

Wyo. Code R. 006.0006.3.08312011 Preferences

Chapter 3

PREFERENCES

Section 1. Applicable Preferences. Preferences shall be determined pursuant to Wyoming State Statute as applicable, subject to amendment, addition or repeal through the legislative process.

Section 2. Bidders and Proposers. Every bidder or proposer seeking to secure a contract to provide supplies, services or materials to the State of Wyoming should indicate in the bid or proposal which, if any, preferences are to be applied to the bid or proposal and include any necessary information or documentation to support qualification for the preference.

History

Effective 2011-08-31

Chapter 4 Protests

Wyo. Code R. 006.0006.4.08312011 Protests

Chapter 4

PROTEST

Section 1. Protest. Protest of specific procurements conducted by the Wyoming state government may be made by the bidders, proposers or qualified potential bidders or proposers for that product or service for up to 10 (ten) days following the date of notice of intent to award of the contract or purchase order.

(a) Availability. Those proprietors, vendors, or firms submitting a bid or proposal for the specific procurement to be protested may participate in the protest procedure.

(b) Time. Protest shall be made, in writing, within ten calendar days of notice of intent to award the contract or purchase order by the state.

State Procurement

Department of Administration and Information

700 West 21st Street

Cheyenne, Wyoming 82002

Section 2. Notification of Protest by Bidder or Proposer.

(a) When there is reason to believe that a specific procurement has violated the procurement policy or procedures of the State of Wyoming, protest may be made by following these procedures:

(i) Notify the Procurement Section, General Services Division, Department of Administration and Information, in writing, that a formal protest is made to a specific procurement.

Section 3. Action by the State on the Notification of Protest. Upon receipt of a written statement of protest of a procurement, the Procurement Section, General Services Division, Department of Administration and Information will:

(a) Record the Protest. Make a record of the protest in the procurement file.

(b) Informal Protest Meeting. On agreement of the parties, schedule and conduct an informal meeting for the purpose of attempting to resolve the protest informally.

Section 4. Formal Resolution of Protest. At the conclusion of the informal resolution meeting, the protesters may either consider the protest resolved or request, in writing, a formal protest hearing.

Section 5. Commencement of Action.

(a) Upon written request by the bidder or proposer, the Procurement Section shall commence proceedings to consider the protest. In an order to show cause, the Procurement Section shall notify the bidder or proposer and the state agency making the procurement of the:

(i) Time, place and nature of the hearing.

(ii) The legal authority and jurisdictional basis under which the hearing is to be held.

(iii) The particular procurement rules, policies, or statutes violated by the procurement.

(iv) Alleged violations.

(b) At the hearing, the bidder or proposer or their counsel, may appear and show why the procurement should not proceed.

(c) Any bidder or proposer or qualified potential bidder or proposer may seek to intervene in the bid protest hearing upon written motion. The motion shall state the reasons why intervention is sought, which the hearing officer shall consider in determining whether to grant the intervention.

Section 6. Time and Place of Hearing

(a) The hearing shall be held no less than twenty (20) days after service of the notice of the hearing to the bidder or proposer.

(b) Upon motion and good cause by any party the hearing may be postponed.

(c) Hearing will be conducted in the state's capitol city, Cheyenne, unless upon motion and for good cause another location is found to be preferable.

Section 7. Service and Filing.

(a) The petition or order to show cause shall be served personally or by mail, return receipt requested, addressed to the principal place of business of the bidder or proposer. Service of other documents shall be made to all parties or their counsel as shown by the certificate of service on each document, and service is complete upon mailing.

(b) The original of all documents filed for inclusion in the record shall be filed with the Procurement Section and the date of receipt noted on each. Copies will be promptly forwarded to the hearing officer.

(c) The Procurement Section shall assign each protested case a docket number and keep a docket entry sheet, listing all documents filed in connection with the case and the date of receipt of each.

Section 8. Default. In the event a bidder or proposer fails to appear at the hearing after valid service has been made, the bidder or proposer will be considered in default and the allegations made by the bidder or proposer shall be considered as false and an appropriate order entered.

Section 9. Hearing Officer.

(a) The Procurement Section shall designate or contract with a knowledgeable person to conduct the hearing.

(b) The bidder or proposer may move to disqualify a hearing officer by filing with the Procurement Section a written motion with support affidavits of personal bias. After careful consideration of the evidence presented, the Procurement Section shall rule on the motion.

(c) The hearing officer may withdraw whenever the hearing officer considers himself or herself disqualified because of personal bias or other substantial reason.

Section 10. Authority of Hearing Officer. In accordance with W.S. 16-3-112, hearing officers have authority to:

(a) Administer oaths and affirmations.

(b) Issue subpoenas.

(d) Take or cause depositions to be taken in accordance with the provisions of the Administrative Procedures Act, W.S. 16-3-101 through 115.

(e) Regulate the course of the hearing.

(f) Hold conferences for the settlement or simplification of issues.

(g) Dispose of procedural request or similar matters.

(h) Make recommended decisions when directed to do so by the Procurement Section.

(i) Take any action authorized by the Procurement Section, the Administrative Procedures Act, or the Wyoming State rules or statutes.

(j) Determine whether to grant intervention to any party moving to intervene.

Section 11. Final Decision.

(a) Upon receiving a recommendation by the hearing officer, the Director of the Department of Administration and Information shall issue a final decision in the protest.

(b) In the event the Director determines the procurement procedures were violated, the Director may take any reasonable actions within his discretion to remedy the violation, including rescinding the Notice of Intent to Award and reissuing a request for bid or proposal.

History

Effective 2011-08-31

10 Risk Management

Chapter 1 General Provisions

Wyo. Code R. 006.0009.1.10032008 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Purpose. To set forth rules governing the administration of the State's Self-Insurance Program and Risk Management office.

Section 2. Authority. These rules are promulgated pursuant to Wyo. Stat. § 1-41-105 (a)(ix).

Section 3. Applicability. These rules apply to claims against any state agency as defined in Wyo. Stat. § 1-41-102(a)(vii) or public employee as defined in Wyo. Stat. § 1-41-102(a)(v) and any member of the public who makes a claim against the state or any public employee covered by the State Self-Insurance Program.

Section 4. Definitions. In addition to those definitions found in Wyo. Stat. § 1-41-102, the following terms are defined as follows:

(a) "Act" means the Wyoming Governmental Claims Act, Wyo. Stat. § 1-39-101 et seq.;

(b) "Claim" means a notice of claim filed in compliance with the Wyoming Governmental Claims Act, Wyo. Stat. § 1-39-101 et seq., and/or any law suit subsequently filed pursuant to the Wyoming Governmental Claims Act or under federal law;

(d) "Office" means the Risk Management office;

(e) "Settlement" means an agreement to satisfy a claim which is accompanied by documents as required by these rules.

Section 5. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder shall remain in effect.

History

Effective 2008-10-03

Chapter 2 Insurance Procurement and Actuarial Study

Wyo. Code R. 006.0009.2.10032008 Insurance Procurement and Actuarial Study

CHAPTER 2

INSURANCE PROCUREMENT AND ACTUARIAL STUDY

Section 1. Insurance Procurement.

(a) State agencies shall not purchase insurance except for notary bonds.

(b) All insurance is purchased by the Office on a competitive bid basis every four (4) years.

Section 2. Property Coverage.

(a) Property schedules shall be updated in January and August of each year by the Office with information provided by individual agencies and also by site visits by the Office.

(b) Each state agency shall provide, and keep current, a point of contact for property information to the Office.

Section 3. Actuarial Study. The Office will have an actuarial study completed once every two years. The study will be distributed to the state auditor, attorney general and the budget officer for the Office.

History

Effective 2008-10-03

Chapter 3 Investigation and Adjustment of Claims

Wyo. Code R. 006.0009.3.10032008 Investigation and Adjustment of Claims

CHAPTER 3

INVESTIGATION AND ADJUSTMENT OF CLAIMS

Section 1. Claims. Every claim against the state or public employee shall be presented to the Administrator of the General Services Division of the Department of Administration and Information.

Section 2. Format of Claim. Every claim shall include the following information if an approved claim form (Appendix A) is not utilized to file the claim:

(a) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, the highway number, license plate and unit number, if known;

(b) The name, address and residence of the claimant and his representative or attorney, if any;

(c) The amount of compensation or other relief demanded with two written estimates on company invoice or letterhead if applicable;

(d) The claim shall be properly signed, certified "under penalty of perjury," dated and notarized by the claimant.

Section 3. Investigation. Within ten (10) business days after a claim has been received by the Risk Management Office and has been determined to have been properly filed, an investigation will be initiated under the supervision of the Office. The investigation will consider the following:

(a) Compliance with the Act;

(b) Whether the claim arises under federal law or whether immunity has been waived;

(d) The amount of damages actually incurred; and

(e) Any other considerations bearing on validity of the claim.

Section 4. Cooperation of Claimant. A claimant may be required to supply additional information for purposes of the investigation. Lack of cooperation with any Office investigators may result in denial of the claim.

Section 5. Cooperation of State Agencies, Employees and Peace Officers. Any public employee of the state or peace officer against whom a claim is made shall cooperate fully with the Office in defense of the claim. If the Office determines that the public employee or peace officer has not cooperated or has otherwise acted to prejudice defense of the claim, the Office may at any time reject the defense of the claim.

Section 6. Legal Issues. If, in the course of investigation of an actual or anticipated claim, legal issues are raised, consultation shall be sought with the attorney general, or, when appropriate, an attorney or firm under contract.

Section 7. Denials. Where no basis is found for the claim, it shall be denied. A letter of denial to the claimant shall be issued by the Office.

History

Effective 2008-10-03

Chapter 4 Compromise or Settlement of Claims

Wyo. Code R. 006.0009.4.10032008 Compromise or Settlement of Claims

CHAPTER 4

COMPROMISE OR SETTLEMENT OF CLAIMS

Section 1. Compromise or Settlement Authority. Any claim covered under this Act may be compromised or settled according to the requirements in section 2 of this chapter. In settling a claim, the risk manager will require the execution and presentation of those documents which discharge or hold harmless the state or public employee of all liability under the claim.

Section 2. Settlement Authority. The following parties are authorized to make compromises or settlements of claims in the following amounts:

(a) The risk manager is authorized to settle claims for an amount not to exceed fifty thousand dollars ($50,000);

(b) The risk manager, after consultation with the attorney general, is authorized to settle claims for an amount not to exceed one hundred thousand dollars ($100,000); and

(c) The governor is authorized to settle claims for any amount if the action arises under federal law. The governor is authorized to settle claims brought under the Act for any amount not to exceed the maximum liability limits under the Act.

Section 3. Settlement Standards. The risk manager shall consider the following standards for settlement, among others:

(a) The reasonable likelihood that factual and legal liability exists;

(b) The costs of defense in light of the above likelihood;

(d) The existence of waiver under the Act; and

(e) The interests and general welfare of the state.

Section 4. Documents Required for Settlement. A settlement is not effective until required documents are completed and presented for payment. Such documents shall consist of:

(a) A full and final release of all claims against the state and public employees signed by the claimant and/or claimant's legal representative.

(b) The release shall contain the following items at a minimum, although a settlement authority may require additional items when appropriate:

(i) A statement of knowing and intelligent waiver and release of rights; and

(ii) A statement releasing the state and its public employees of all claims arising out of the occurrence including a claim of attorney fees.

Section 5. Funds. No agency director, administrator, employee or peace officer has the authority to obligate funds of the State Self-Insurance Fund.

History

Effective 2008-10-03

Chapter 5 Procedures for Notification by Public Employee or Peace Officer of Claim or Suit

Wyo. Code R. 006.0009.5.10032008 Procedures for Notification by Public Employee or Peace Officer of Claim or Suit

CHAPTER 5

PROCEDURES FOR NOTIFICATION BY PUBLIC EMPLOYEE OR PEACE OFFICER OF CLAIM OR SUIT

Section 1. Non-preclusion. Nothing in these rules shall be deemed to preclude compliance with Wyo. Stat. §§ 1-39-113 through 1-39-115.

Section 2. Agency or Employee's Responsibility. When an agency, public employee or peace officer becomes aware of an incident which may result in a claim or law suit against the agency or employee, the following procedures shall be followed:

(a) Written notification of the possible claim shall be sent to the Office. Written notification must contain the following information:

(i) Name and address of potential claimant;

(ii) Date of occurrence when incident occurred;

(iii) Circumstances giving rise to the incident;

(iv) Copies of all correspondence between claimant and agency or employee which relate to the potential claim;

(v) Statements of circumstances from witness or witnesses to the incident;

(vi) Name, title, address and phone number of agency representative that will be available for further contact.

(b) When an agency, public employee or peace officer is served a summons and complaint or notice of claim; the agency or employee shall notify the Office by phone and immediately send a copy of the documents to the Office.

A&I General Services Division

Risk Management Section

611 W. 20th Street

Cheyenne, Wyoming 82002

(307) 777-5853

Section 3. Office's Responsibility. Upon receipt of a claim or lawsuit against an agency, public employee, or peace officer, the Office shall take the following steps:

(a) Review the documents to determine the validity of the claim;

(b) Initiate an investigation if the claim has been properly filed with the Office;

(d) Communicate the final determination of the Office to the claimant and agency.

History

Effective 2008-10-03

8 Wyoming Cost of Living Index

Chapter 1 General Information

Wyo. Code R. 006.0007.1.12091999 General Information

Chapter 1

General Information

Section 1. Purpose. To set forth rules governing the Wyoming Cost of Living Index and the calculation of the index.

Section 2. Statutory Authority. These rules are promulgated pursuant to W.S. 21-13-309 (o)(ii).

Section 4. Applicability. These rules apply to the Division of Economic Analysis, Department of Administration and Information, 327 Emerson Building, Cheyenne, Wyoming, 82002.

Section 5. Definitions. Unless otherwise defined in the certificate or policy or these rules, words in the act or these rules shall be given their ordinary meaning.

(a) . WCLI - The Wyoming Cost of Living Index as published by the Division of Economic Analysis, Department of Administration and Information.

History

Effective 1999-12-09

Chapter 2 Wyoming Cost of Living Index Overview

Wyo. Code R. 006.0007.2.12091999 Wyoming Cost of Living Index Overview

Chapter 2

Wyoming Cost of Living Index Overview

Section 1. Purpose of the WCLI. The WCLI is a tool for the estimation of the comparative cost of living differences between Wyoming counties and for estimating the inflation rate within Wyoming.

Section 2. Geographical Coverage of the WCLI. Price data shall be collected in the largest city/ town in every county. In addition, price data shall be collected in any city/town with a decennial population count of over 5,000 individuals and any city/town in a county with a decennial population of at least eighty percent (80%) of that county's largest city/town's decennial population.

Section 3. Frequency of the WCLI. The Division of Economic Analysis shall publish a Wyoming Cost of Living Index Report twice annually. The WCLI for the Second Quarter of the year shall be published by October 30 of the same year, and the WCLI the Fourth Quarter of year shall be published by April 15 of the following year.

Section 4. Categories within the WCLI. The WCLI shall consist of prices collected from seven (7) categories of items. Those categories are Food, Housing, Apparel, Transportation, Medical, and Recreation & Personal Care. The items in the index shall be weighted by their importance in an average household's budget. The weights for the items in the WCLI shall be derived from the weights used in the Consumer Price Index - Urban (CPI-U) as published by the US Department of Labor, Bureau of Labor Statistics, in the most recent " Relative importance of components in the Consumer Price Indexes: U.S. city average, Table I". The weights for the items in the WCLI shall be recalculated once per year prior to the calculation of the Second Quarter WCLI for the year.

Section 5. Indices Published by the Division of Economic Analysis. The Division of Economic Analysis shall publish a comparative cost of living index and an inflation index for the state of Wyoming.

Section 6. Use of Population Weights in the WCLI. Population weights will be derived from the most recent population data for each county in Wyoming from the U.S. Department of Commerce, Bureau of the Census, released on July 1, of each year. The population weights shall be calculated once per year prior to the Second Quarter WCLI.

Section 7. WCLI Program Procedures and Policies. The Division of Economic Analysis will develop and maintain a Procedures and Policies manual for the WCLI.

History

Effective 1999-12-09

Chapter 3 Collection of Price Data

Wyo. Code R. 006.0007.3.12091999 Collection of Price Data

Chapter 3

Collection of Price Data

Section 1. Methods of Price Data Collection. Price data will be collected by physical inspection of retail establishments, phone survey, mail survey, or as advertised in Wyoming newspapers.

Section 2. Dates for Collection of Price Data for WCLI.

(a) Price data collection for the Second Quarter WCLI. Price data from retail establishments shall occur on the Wednesday, Thursday, Friday, Saturday, and Sunday following July 4, of each year. Data collected through phone surveys will be collected as close to the Wednesday, Thursday, Friday, Saturday, and Sunday following July 4, of each year as possible. Data collected through the newspaper shall be obtained from those newspapers published during the months of April, May and June. Mail survey data will be collected as close to the end of the Quarter for which the WCLI is being conducted as possible.

(b) Price data collection for the Fourth Quarter WCLI. Price data from retail establishments shall occur on the Wednesday, Thursday, Friday, Saturday, and Sunday following January 1, of the following year. Data collected through phone surveys will be collected as close to the Wednesday, Thursday, Friday, Saturday, and Sunday following January 1, of the following year as possible. Data collected through the newspaper shall be obtained from those newspapers published during the months of October, November, and December. Mail survey data will be collected as close to the end of the Quarter for which the WCLI is being conducted as possible.

Section 3. Who will Collect Price Data. Price data will be collected by employees of the Division of Economic Analysis or by contractors hired by the Division of Economic Analysis to collect price data.

Section 4. Changes to the Items for which Price Data are Collected. The Division of Economic Analysis will examine the list of items for which price data is collected and update the list as necessary for changes in size, quantity, or other modifications. If an item is to be replaced, price data for the new item must be collected for two collection periods (one year) before the old item is replaced.

Section 5. Treatment of Sales Tax. Price data for items subject to sales and use tax will be adjusted to include the appropriate sales tax for each county.

Section 6. Missing Price Data.

(a) If price data for an item are not available in any county, the regional average price for that item will be used in the county.

(b) If only one price is collected for an item for which there is a reasonable expectation that more than one price can be collected, the regional average for that item will also be added.

Section 7. Accuracy of the Price Data. The Division of Economic Analysis will implement a policy to ensure the accuracy of the data collected.

History

Effective 1999-12-09

Chapter 4 Calculation of the Comparative Index

Wyo. Code R. 006.0007.4.12091999 Calculation of the Comparative Index

Chapter 4

Calculation of the Comparative Index

Section 1. Price Data to be Used for Each County. For counties with price data from multiple communities, a population weighted average price for that county will be calculated. For counties with price data from only one community, the price data for that community will be used as the county price data.

Section 2. Statewide Average Price. A Statewide Average Price will be calculated for each item. The Statewide Average Price for an item will be the population weighted average of the county prices.

Section 3. Formulas Used to Estimate the Comparative Index. A comparative index number for each county will be calculated.

(a) Each county's index number will be calculated in the following manner: Each item's price in a county will be divided by the Statewide Average Price for the item. The resulting number will be multiplied by the item's weight, and all items will then be summed to calculate the county's all items index number.

[* Internal error: Place aborted. | In-line.WPG *]

where: P = Price,

w = weight,

i = item,

j = county,

n = number of priced items,

SWA = State Wide Average.

(b). To calculate individual category index numbers, the formula in Chapter 4, Section 3. (a). will be used, but only those items in the category will be summed. In addition, the resulting number will be divided by the sum of the weights of all items in the category and then multiplied by 100.

History

Effective 1999-12-09

Chapter 5 Calculation of Inflation Rates

Wyo. Code R. 006.0007.5.12091999 Calculation of Inflation Rates

Chapter 5

Calculation of Inflation Rates

Section 1. Price Data to be Used for Each County. For counties with price data from mul- tiple communities, a population weighted average price for that county will be calculated. For counties with price data from only one community, the price data for that community will be used as the county price data.

Section 2. Formulas Used to Estimate the Inflation Rates.

(a) Price Relative. A price relative will be calculated for each item in each county by dividing the year ago price for an item by the current price.

where: PR = Price Relative,

P = Price,

i = item,

j = county,

c = current price,

o = last year's price.

(b) Weighted Price Relative. A weighted price relative for each item in each county will be calculated by multiplying the Price Relative of each item in each county by the weight of each item.

where: WPR = Weighted Price Relative,

PR = Price Relative,

w = weight,

i = item,

j = county.

(I) Statewide inflation rates.

(A) The statewide all items inflation rate will be calculated by sum- ming the weighted price relatives for each county, subtracting the sum of the weights (100), and dividing the resulting difference by the sum of all weights (100). The resulting difference is the county specific inflation rate. The county specific inflation rates will be multiplied by the county's population weight and summed for all counties to calculate the statewide all items inflation rate.

[* Internal error: Place aborted. | In-line.WPG ] [ Internal error: Place aborted. | In-line.WPG *]

where: S = Statewide inflation rate,

cnty = county inflation rate,

WPR = Price Relative,

pop = population weight,

i = item,

n = number of priced items,

j = county.

(B) Statewide inflation rates for each category will be calculated by summing the weighted price relatives for each category for each county. The sum of the weights for the category will be subtracted from the sum of the weighted price relatives, and the resulting differ- ence will be divided by the sum of the weights for the category. The resulting category specific county inflation rates will be multiplied by the county's population weight and summed for all counties.

where: S = Statewide inflation rate,

cnty = county inflation rate,

WPR = Price Relative,

pop = population weight,

i = item,

y = number of items in category,

r = category,

j = county.

(II) Regional inflation rates.

(A) The regional all items inflation rates will be calculated by sum- ming the weighted price relatives for each county in the region, subtracting the sum of the weights (100), and dividing the resulting difference by the sum of all weights (100). The resulting difference is the county specific inflation rate. The county specific inflation rates will be multiplied by the county's population weight and summed for all counties in the region to calculate the regional all items inflation rate.

[* Internal error: Place aborted. | In-line.WPG *]

where: reg = Regional inflation rate,

cnty = county inflation rate,

WPR = Price Relative,

pop = population weight,

i = item,

j = county,

k = number of counties in region,

n = number of priced items.

(B) Regional inflation rates for each category will be calculated by summing the weighted price relatives for each category for each county. The sum of the weights for the category will be subtracted from the sum of the weighted price relatives, and the resulting differ- ence will be divided by the sum of the weights for the category. The resulting category specific county inflation rates will be multiplied by the county's population weight and summed for all counties in the region.

[* Internal error: Place aborted. | In-line.WPG *]

where: S = Statewide inflation rate,

cnty = county inflation rate,

WPR = Price Relative,

pop = population weight,

i = item,

j = county,

k = number of counties in region,

r = category,

y = number of items in category.

History

Effective 1999-12-09

Chapter 6 Changes to Rules and Regulations

Wyo. Code R. 006.0007.6.12091999 Changes to Rules and Regulations

Chapter 6

Changes to Rules and Regulations

Section 2. Notification of Changes. The division shall notify participants in writing of any new legislation which changes or affects these rules and regulations.

History

Effective 1999-12-09