2.2-2901 - Appointments, promotions and tenure based upon merit and fitness.
§ 2.2-2901. Appointments, promotions and tenure based upon merit and fitness.
A. In accordance with the provisions of this chapter all appointments andpromotions to and tenure in positions in the service of the Commonwealthshall be based upon merit and fitness, to be ascertained, as far as possible,by the competitive rating of qualifications by the respective appointingauthorities.
Persons holding positions in the service of the Commonwealth on July 1, 1952,shall be deemed to be holding their positions as though they had receivedappointment under the terms of this chapter.
B. Persons who leave the service of the Commonwealth for service in any ofthe armed forces of the United States shall be entitled to be restored tosuch positions upon the termination of their service with the armed forces,provided such persons, except for good cause shown, have filed an applicationfor restoration to such positions within 90 calendar days following suchtermination of military service, accompanied by a certificate attesting thatthe military duty was satisfactorily performed. Such persons shall thereafterhold such positions as though they had received appointment under the termsof this chapter, except as to any such position which, in the meantime, mayhave been abolished. Any such former employee returning to, or applying for,employment in the state service, as provided by this section, shall beconsidered as having at least as favorable a status with reference to thischapter as he would have occupied if his service had been continuous.
C. No establishment of a position or rate of pay, and no change in rate ofpay shall become effective except on order of the appointing authority andapproval by the Governor. This subsection shall not apply to any position thecompensation of which is at a rate of $1,200 per annum or less.
D. In order to attract and retain professional auditors, accountants andstaff members in the service of the Auditor of Public Accounts, the JointLegislative Audit and Review Commission may establish scales of pay for suchpositions notwithstanding the provisions of this chapter. Such scales whenestablished and certified to the Department of Human Resource Management andthe Comptroller shall be applicable in the stead of the scales establishedunder the personnel plan.
E. The Board of Visitors of public institutions of higher education shallestablish policies for the designation of administrative and professionalfaculty positions at institutions of higher education. Those designationsshall be reserved for positions that require a high level of administrativeindependence, responsibility, and oversight within the organization orspecialized expertise within a given field as defined by the Board ofVisitors. The authority under this subsection to establish policies for thedesignation of administrative and professional faculty positions shall begranted only to those institutions that meet the conditions prescribed insubsection B of § 23-38.88.
(Code 1950, § 2-79; 1956, c. 380; 1966, c. 677, § 2.1-111; 1968, c. 784;1972, c. 582; 1973, c. 507; 2000, cc. 66, 657; 2001, c. 844; 2005, cc. 933,945.)