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PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS


EMPLOYMENT
Procedure 21: Appointment


Responsible Office: Human Resources
Revised: October 2012

A. References


B. Authority and Responsibility

The Executive Vice Chancellor is delegated the authority to approve appointment of near relatives in the same department when one of the relatives is an academic appointee.

Department heads and supervisors are responsible for ensuring that selections are conducted in accordance with applicable University policies.


C. Procedures - Selection Process

  1. A record of the selection process should be maintained by the department for reporting and auditing purposes. The record should consist of:

  2. The hiring department may choose an interview format that best facilitates the department's selection process.

  3. The hiring authority is responsible for documenting the selection decision by completing the referral/selection form and submitting it to the Human Resources Department, along with a signed copy of the successful candidate's employment application.


D. Employee Transfers

Normally, an employee will not be considered for a transfer until the probationary period has been satisfactorily completed. However, if a transfer or promotion occurs during the probationary period, the probationary period may be extended in accordance with Personnel Policies for Staff Members, Policy 22F, Extension of Probationary Period.


E. Reference Check

Verification of employment history and work performance should be obtained prior to the hiring decision.

  1. The consent of the candidate should be obtained before contacting current or prior employers.

  2. As a public employer, the University is covered by the provisions of the California Information Practices Act of 1977. The Act requires that the information obtained from a reference and the source of the information may not be held in confidence from the subject and will be released to the subject upon legitimate request to do so.

F. Background Check

  1. A pre-employment check of a candidate's background is intended to serve as an important part of the selection process and is conducted to promote a safe work environment; protect key organizational assets such as people, property, and information; and enable the hiring authority to make prudent hiring decisions based upon more comprehensive job-related information.

  2. The categories of background checks and corresponding functional responsibilities for which the checks will be conducted are identified by the appropriate Vice Chancellor. Positions with critical or sensitive functions are designated as critical on the job description prior to recruitment. The cost of background checks is borne by the department requesting the checks.

  3. The need for a background check for a position designated as "critical" is determined by the hiring authority at the time the position becomes vacant or is created. Recruitment information carries appropriate language stating that a pre-employment check will be conducted prior to hire. A background check should be initiated prior to the offer of employment, and any offer should be made contingent on the results of the pre-employment investigation. A signed authorization from the candidate to release information must be obtained prior to initiation of a background check.

  4. Appropriate disclosures must be made and a signed authorization must be obtained prior to the initiation of a background check, as required by applicable state and/or federal law. If a background check will include credit-related information, such as a credit history or credit score, the disclosure must state the specific basis for obtaining the report (as listed above).
  5. The Human Resources Employment Staff notifies the hiring authority of the job-related results of the check. In instances where information is obtained that would appear to jeopardize the interests of the University and would appear to make the candidate a poor risk for hire, the Employment Staff provides guidance and a recommendation to the hiring authority regarding rejecting or hiring the final candidate.

    In instances where the candidate disputes the accuracy of the information, the Employment Staff refers the candidate to the agency conducting the background check. The position vacancy is placed on "hold" until the disputed information is verified for accuracy.

  6. In all instances, the decision to employ is the responsibility of the hiring authority. If the best interests of the University appear to be at risk because of the hiring authority's decision, Human Resources may intervene to review the decision with the appropriate Vice Chancellor or designee.

  7. The Human Resources Department serves as the Office of Record for background checks and background check information obtained through the reporting agency.

  8. Current employees transferring or reclassified to a position designated as "critical" are subject to a background check.

For complete information and procedures on background checks, see Administrative Policies & Procedures Section 300-10: Background Check Procedures.


G. Near Relative Appointment

  1. Usually a candidate is disqualified by reason of near relationship to an employee already in the department. However, if such a near relationship exists, special approval is required prior to an employment offer. To obtain approval to make a job offer to a near relative, the hiring authority submits to the department head a written request, or "Memorandum for the Record," with an explanation of the near-relative relationship. The request should document the following:

  2. A "Memorandum for the Record" (if the situation is as described in G.1) will also be submitted when current employees become near relatives.


H. Applicability

Employees who are in a bargaining unit that has an exclusive representative (union) are covered by the applicable provisions of the collective bargaining agreement.

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