[IPAC-List] Civil service eligible lists and USERRA

keith.poole at phoenix.gov keith.poole at phoenix.gov
Tue Mar 26 20:22:34 EDT 2013

We don't have this same provision, but maybe something close, we allow
applicants to reuse previous test scores for new recruitments (this is not
a universal right, it's recruitment specific...we basically state in the
the job posting whether we allow or not). Applicants can decide to reuse
or take the test again to improve (however we have rule of list so moving
up a few notches may not really matter to most applicants). With respect
to USERRA, you're right that it may get tricky if you passed over an
applicant while deployed, then 'prematurely' cancel the list. Maybe
extend the eligibility of that applicant but not the entire list?

Keith Poole
Human Resources Supervisor
City of Phoenix HR Department
135 N 2nd Ave
Phoenix, AZ 85003
Phone: (602) 262-7140
Fax: (602) 495-5498
Email: keith.poole at phoenix.gov

"Partain, Steven C." <Steven.Partain at tvfr.com>
Sent by: ipac-list-bounces at ipacweb.org
03/26/2013 10:45 AM

"ipac-list at ipacweb.org" <ipac-list at ipacweb.org>

[IPAC-List] Civil service eligible lists and USERRA

To those of you practicing in civil service-regulated environments, I have
a question that is pretty esoteric and may not resonate with anyone, but I
thought I’d give it a shot with this group:

We have local civil service rules (which must be consistent with
principles of state civil service law) providing the appointing authority
two names from the top of a ranked eligible list to be considered for one
promotional vacancy. When the list is comprised of a single individual,
the appointing authority may elect to consider that individual in
isolation, or cancel the list to exercise its right to two eligibles to
consider, and conduct a new exam to generate a new eligible list. If the
latter, the individual who was impacted may transfer his/her eligibility
to the new list based on previous score but can opt to retest and take
higher score.

I don’t know how typical that structure is in other civil service
environments, but my question is really about removing this transfer of
eligibility provision altogether. We’re exploring the idea of eliminating
this provision but are concerned about impact to legally protected groups.
The primary one that comes to mind is military service personnel covered
under USERRA. If Joe Guard is deployed and unavailable to be considered
for a vacancy, and the list is cancelled (prior to expiration), it would
seem that at a minimum USERRA would require us to extend his eligibility.

Again, I don’t know how common this eligibility transfer provision is in
other civil service rules, so this may not resonate. But if anyone has a
parallel set of provisions and has addressed this, I would appreciate your


Steven Partain | HR Manager
Tualatin Valley Fire & Rescue
Direct: 503-259-1292
IPAC-List at ipacweb.org

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