Section One. The Working Test Period shall be deemed an extension of the examination process. Therefore, a determination of unsatisfactory performance during a Working

Test Period shall be tantamount to a failure of the competitive exam.

Section Two. (a) The Working Test Period for classes in the Protective Services Unit shall be six (6) months. Within ten (10) days preceding the termination of the Working Test period, and at such other times as the Commissioner of Administrative Services determines, the appointing authority shall report to said Commissioner of Administrative Services whether such employee is able and willing to perform the duties in a manner so as to merit permanent appointment. At any time during the Working Test Period, after fair trial, the appointing authority may remove any employee if, in the opinion of such appointing authority, the working test indicates that such employee is unable or unwilling to perform his/her duties so as to merit continuance in such position and shall forthwith report his/her action to the Commissioner of Administrative Services. The Working Test Period may, with the approval of the Commissioner of Administrative Services, be extended on an individual basis for a definite period of time not to exceed six (6) months at any time. At any time, an employee on a promotional Working Test Period may be granted the option of returning to his original position or a comparable position if the original position is not available.

(b) Any employee who transfers, is transferred, or is promoted to a position which requires a Working Test Period shall be advised by the immediate supervisor of his/her performance at the midway point of the Working Test Period. At the employee’s request, such progress report shall be put in writing within ten (10) working days.

(1) If the employee’s performance is "less than good", the immediate supervisor must offer suggestions for improvement if requested by the employee. These suggestions shall be reduced to writing within two (2) weeks.

(2) If at the end of the Working Test Period the employee’s performance in the new position is rated as unsatisfactory, he/she must be returned to the previous position or a comparable position without any loss of benefits or seniority rights.

Section Three. The Working Test Period shall commence on the date of appointment from the employment list if the position is competitive. Otherwise, the Working Test Period shall commence on the date of original permanent appointment.

Section Four. (a) Dismissal of an employee during the initial Working Test Period shall not be subject to the grievance procedure. However, if requested, an employee who does not successfully complete the initial Working Test Period shall be entitled to a conference with the agency head or designee to discuss the reasons for such failure.

(b) Dismissal of an employee during a promotional Working Test Period shall be subject to the grievance procedure through Step III, provided, however, that the burden shall be on the employee to show patent unfairness of the Working Test period due to evaluator bias or variance from the pertinent job specification.

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