Tenn. Comp. R. & Regs. 1240-06-05-.01 - PROMOTIONS

(1) All managers are eligible to compete for promotional opportunities if, on the date the bid announcements are closed, the manager:

(a) Is not on probation,

(b) Is not delinquent in the filing of any report required by the State of Tennessee and is not delinquent in the payment of any financial obligation owed to the State of Tennessee,

(c) Possesses the certification(s) required by the facility announced for bid,

(d) Has not refused an award of a facility during the preceding twelve (12) months, and

(e) Has not failed to appear for a scheduled interview during the preceding twelve (12) months. This provision shall not apply if the manager has withdrawn from the interview forty-eight (48) hours prior to the scheduled appearance by providing notice to the Agency.

(2) Six managers from those submitting bids shall be selected to compete for the promotion. The basis for this selection shall be seniority, provided the manager possesses the necessary certification(s). If two or more managers are tied for the sixth and final slot in terms of seniority, those managers who are tied will be permitted to interview. Additionally, any U.S. military veteran who was honorably discharged, who is licensed and otherwise qualified but does not possess the necessary seniority to qualify as one of the top six candidates, will automatically qualify for the interview.

(3) After the candidates have been determined eligible to interview, each candidate will be interviewed by a panel consisting of one Agency representative, the area representative of the Committee, and one person jointly determined by the other two panel members. The third panel member may be an independent business person, a property management official or another person familiar with TBE. In cases where required by the permit, Property Management will be allowed to serve as the third panel member, and concurrence of the other two panel members is not required. If practical, interviews shall be conducted within fifteen (15) working days after the candidates have been determined.

(4) The panel shall rate each candidate based upon his/her record of performance for the preceding twelve (12) months, responses received to questions, the manager's plans for the new operation, personal appearance, demeanor, and attitude. Each panel member shall rate each candidate according to the following:

(a) First Choice ...................... 6 points

(b) Second Choice ................. 5 points

(c) Third Choice ..................... 4 points

(d) Fourth Choice ................... 3 points

(e) Fifth Choice ...................... 2 points

(f) Sixth Choice ..................... 1 point

(5) The rating shall be done by ballot. The Chairperson of the panel, who shall be the Agency representative, shall collect the ballots and tabulate the ratings, which shall be verified by the other panel members. The successful manager shall be immediately offered the award. The manager must, at that time, either accept or reject the award. If the award is refused, the manager shall be precluded from having any further bids considered until one year has elapsed from the date of the refusal. If the manager is scheduled for more than one interview as a result of his/her bids on a number of facilities contained in a single bid package, then the manager may wait until the conclusion of the last interview in which the manager participates to accept or reject the award of a facility.

(6) It is understood that property management may impose additional selection criteria for managers on their properties. This may include, but is not limited to, such things as security clearance, special training, and random drug testing if such additional conditions are also required of property management's employees. If a manager who is awarded a facility fails to meet the additional selection criteria, the manager with the next highest score who meets the additional selection criteria will be awarded the facility.

Notes

Tenn. Comp. R. & Regs. 1240-06-05-.01

Original rule filed August 30, 1978; effective November 29, 1978. Amendment filed May 25, 1983; effective June 24, 1983. Repeal and new rule filed April 27, 1998; effective August 28, 1998. Repeal and new rule filed April 8, 2005; effective June 22, 2005. Amendments filed May 25, 2017; effective 8/23/2017.

Authority: T.C.A. §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104, 71-1-105(12), 71-4-204, and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7(c).