Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-06 - Tennessee Business Enterprises
Chapter 1240-06-05 - Assignment of Managers
Section 1240-06-05-.01 - PROMOTIONS
Current through September 24, 2024
(1) All managers are eligible to compete for promotional opportunities if, on the date the bid announcements are closed, the manager:
(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:
(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.
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).
