s.41Procedures and requirements for appointment
41
Section 41Part 7 — Personnel Arrangements for Staff

Procedures and requirements for appointment

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In exercising authorities to appoint, promote or transfer staff under section 40, an appointing officer shall comply with the requirements of personnel regulations and this section.
Before any action is taken to fill a vacancy in a civil service entity (either by appointment, promotion or transfer) the appointing officer shall ensure that the duties of the position, and the qualifications, skills, knowledge and experience required of the appointee are defined and documented in a job description.
The appointing officer shall submit the job description to the Portfolio of the Civil Service, which shall then undertake a job evaluation, assign the position to a remuneration band established in personnel regulations and notify the appointing officer accordingly.
The appointing officer shall then notify the vacancy in such manner as enables suitably qualified persons to apply for the position.
Upon the closing of applications, the appointing officer shall prepare a shortlist of suitable candidates for interview consisting of at least two persons who, in the opinion of the appointing officer, have the qualifications, skills, knowledge and experience necessary for the position.
Persons shall be placed on the shortlist only on the basis of their qualifications, skills, knowledge and experience and if the appointing officer is of the opinion that no candidate satisfies the requirements for the position, the appointing officer must re-notify the vacancy under subsection (4) as if it were a new appointment.
Except as provided in subsection (8) —
all candidates on the shortlist are to be interviewed by an interview panel established by the appointing officer and using a comparable interviewing approach for each applicant; and
the interview panel is to establish the preferred candidate, that being the candidate that has the best mix of qualifications, skills, knowledge and experience for the position based on —
the information provided by the applicants;
the results of the interviews;
the personal knowledge of the persons on the interview panel as declared to the panel; and
any other information the interview panel considers relevant,
but where, after applying the criteria, two or more persons rank broadly at the same level, Caymanians shall be given preference.
If the vacant position is one normally filled by a wage worker, candidates need only be interviewed if it is thought necessary by the appointing officer.
If the preferred candidate is not known to the interview panel, the appointing officer is to obtain references on the preferred candidate to satisfy himself of the candidate's suitability and these references are to be obtained before any appointment is made.
An appointing officer may reappoint a staff member who has reached the end of a fixed-term employment agreement and such reappointment shall be made in accordance with personnel regulations relating to the reappointment of civil servants who have reached the end of a fixed-term employment agreement.
An appointing officer may —
reappoint a staff member who has attained the normal retirement age for civil servants; or
at the request of a staff member who has attained early retirement age and has retired, reappoint the staff member to a position within the civil service entity, within a lower remuneration band,
and such reappointments shall be made without applying subsections (2) to (9) but shall be made in accordance with personnel regulations relating to reappointment of civil servants who have attained normal retirement age.
An appointing officer may appoint a staff member to act in a position when the substantive holder of the position is absent or when the position is temporarily vacant, provided that —
in making the acting appointment the appointing officer appoints the person with the best mix of qualifications, skills, knowledge and experience from amongst the persons available to act; and
the requirements of personnel regulations are complied with.
An appointing officer may, in special circumstances with the prior written permission of the Head of the Civil Service, appoint a staff member to a position within the civil service entity without applying subsections (2) to (9) but the appointment shall substantively and procedurally comply with personnel regulations.
An appointing officer may, with the prior permission of the Head of the Civil Service, transfer a staff member to a position in the same remuneration band in the civil service entity without applying subsections (2) to (9) but the transfer shall substantively and procedurally comply with the personnel regulations.
In order to promote the advancement of a Caymanian to a key managerial or technical position in any part of the civil service, the Head of the Civil Service may transfer a staff member who is in that position in a civil service entity to a position in the same or a lower remuneration band, in the civil service entity or between civil service entities, without applying subsections (2) to (9) but the transfer shall substantively and procedurally comply with the personnel regulations.
Before effecting a transfer of a staff member under subsection (14A), the Head of the Civil Service shall consult with —
the staff member;
the chief officer of the ministry or portfolio for which the staff member is working; and
the chief officer of the ministry or portfolio to which the staff member is to be transferred.
In appointing or reappointing a staff member, there is an obligation on the appointing officer to ensure that an open and fair employment process operates.
In appointing or reappointing any staff member referred to under section 106(4) of the Constitution, the appointing officer shall consult with the Judicial and Legal Services Commission.

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