                                 CODE OF VIRGINIA

APPOINTMENTS, PROMOTIONS AND TENURE BASED UPON MERIT AND FITNESS (§ 2.2-2901)

A. In accordance with the provisions of this chapter all appointments and
promotions to and tenure in positions in the service of the Commonwealth shall
be based upon merit and fitness, to be ascertained, as far as possible, by the
competitive rating of qualifications by the respective appointing authorities.
			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 received
appointment under the terms of this chapter.

B. Persons who leave the service of the Commonwealth for service in any of the
armed forces of the United States shall be entitled to be restored to such
positions upon the termination of their service with the armed forces, provided
such persons, except for good cause shown, have filed an application for
restoration to such positions within 90 calendar days following such termination
of military service, accompanied by a certificate attesting that the military
duty was satisfactorily performed. Such persons shall thereafter hold such
positions as though they had received appointment under the terms of this
chapter, except as to any such position which, in the meantime, may have been
abolished. Any such former employee returning to, or applying for, employment in
the state service, as provided by this section, shall be considered as having at
least as favorable a status with reference to this chapter 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 of pay
shall become effective except on order of the appointing authority and approval
by the Governor. This subsection shall not apply to any position the
compensation of which is at a rate of $1,200 per annum or less.

D. In order to attract and retain professional auditors, accountants and staff
members in the service of the Auditor of Public Accounts, the Joint Legislative
Audit and Review Commission may establish scales of pay for such positions
notwithstanding the provisions of this chapter. Such scales when established and
certified to the Department of Human Resource Management and the Comptroller
shall be applicable in the stead of the scales established under the personnel
plan.

E. The governing boards of public institutions of higher education shall
establish policies for the designation of administrative and professional
faculty positions at such institutions. Those designations shall be reserved for
positions that require a high level of administrative independence,
responsibility, and oversight within the organization or specialized expertise
within a given field as defined by the governing board. The authority under this
subsection to establish policies for the designation of administrative and
professional faculty positions shall be granted only to those institutions that
meet the conditions prescribed in subsection A of &#xA7; 23.1-1002.

HISTORY: 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.