Insofar as practicable, vacancies should be anticipated sufficiently
in advance to permit the Commission to determine who may be available
for appointment, whether or not the position involved is properly
classified, and, if necessary, to prepare a class specification and
to proceed to establish a list of eligibles, provided that no reemployment
list exists.
(Amended by Resolution CS10-021, 08/19/10)
(a) All vacancies in the classified service shall be filled first by reemployment, and then by any of the following: reinstatement, promotion, original, or conditional appointment. Emergency or provisional appointments may be made as provided in Article
XXV, Section 2512 of the City Charter.
(b) No time
spent under provisional, or emergency appointment shall be given credit
in evaluating experience in any examination, or be credited to a probationary
period, or used for computing any privileges accruing under the Civil
Service Act and these rules.
(CS87-26, 3/19/87; CS98-074, 10/1/98; CS02-099, 9/19/02; CS04-051, 5-06-04; amended by Resolutions CS10-021, 08/19/10)
In the event of a vacancy, persons on the reemployment list
shall be given preference. If no persons are available for reemployment,
the Commission approved and certified eligible list shall be used
to make appointments after successful completion of a background and
medical investigation. Lateral entry and academy graduate persons
shall be certified in addition to and in the same manner as persons
on the original eligible list.
(CS87-26, 3/19/87; CS02-099, 9/19/02; amended by Resolutions CS10-021, 08/19/10; CS2017-03-16-1201)
(a) Any employee
may be laid off by an appointing authority in the event of the abolition
of his or her position by the City Council, or if a shortage of work
or funds requires a reduction in personnel. The appointing authority
shall have the power to determine, after consideration of work requirements,
the efficiency and conduct of individual employees, and their length
of service, the order in which employees shall be laid off. The employee
shall be notified at least one pay period before the effective date
of lay-off.
(b) Except as otherwise provided in subsection
(c), below, th
e Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two years thereafter when vacancies occur.
(c) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which they demoted, as provided for in subsection
(b), abov
e, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection ar
e applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
(d) The reemployment
list for any class shall be established by Civil Service resolution
as needed.
(e) In filling
vacancies, eligibles on the reemployment lists take precedence over
eligibles on eligible lists for the same rank in the department for
which the lists apply.
(CS09-026, 5/05/09; amended by Resolutions CS10-021, 08/19/10)
At the time that the Civil Service Commission approves an eligible
list, the Commission shall also certify all of the names on the list
for appointment, in rank order, to any current or future vacancy.
For each promotional appointment vacancy to be filled, one certified
name from the eligible list will be provided, in rank order, to the
appointing authority. For all other vacancy appointments, the appointing
authority will be provided with two more names, in rank order, than
the number of vacancies to be filled.
(5762, 1/15/81; CS87-26, 3/19/87; CS97-057, 5/17/97; CS01-077 7/19/01; CS02-099, 9/19/02; CS05-056, 4/21/05; CS05-155, 11/17/05; CS06-030, 2/09/06; amended by Resolutions CS07-011, 2-01-07; CS2015-04-16-1101; CS2017-03-16-1201)
In the event the appointing authority desires to fill a vacancy
by promotion and no valid eligible list exists, the examination shall
be given to those eligible employees holding positions in the lower
class, and the examination shall be conducted in accordance with Rule
VI, of these rules and regulations.
In the event the next eligible on the eligible list has joined the Armed Forces of the United States and has left his office or position as described in Section 2513 of Article
XXV of the City Charter, a temporary appointment can be made as provided in Article
XXV, Section 2513 of the City Charter.
(Amended by Resolution CS98-074, 10/1/98)
(a) Reinstatement
After Resignation. A regular employee who has resigned in good standing
may, with the recommendation of the Chief of the department and the
City Manager, and the consent of the Civil Service Commission, be
reinstated to a vacant position of the same class as his or her previous
position within a period of one year from the effective date of resignation.
(b) Transfer,
Reinstatement, or Voluntary Demotion to Miscellaneous Classified Service.
A regular status employee or a probationary employee who has successfully
completed six months of probation may be transferred, reinstated,
or voluntarily demoted to a position in the Miscellaneous Classified
Service upon the recommendation of the affected department heads and
approval of the employee, with notice provided to the Commission;
provided, however, that the employee is qualified to fill the Miscellaneous
class, as determined by the Human Resources Director or the Chief
Examiner. In making such a determination, the Human Resources Director
or Chief Examiner must assure that the salary ranges for the classes
are comparable, as determined by the Human Resources Director. The
Human Resources Director or the Chief Examiner shall determine whether
the employee possesses the minimum qualifications for the class and
is able to demonstrate through education, experience, training, or
successful completion of relevant tests that he/she is qualified for
the transfer.
(c) Filling Vacancies. Probationary employees requesting transfer, reinstatement, or voluntary demotion, upon approval of the Personnel Officer, shall first fill vacancies in the originating department. If there are no vacant positions in the originating department, employees may fill positions in other departments as set forth in subsection
(b), abov
e.
(d) All employees
transferred, reinstated, or demoted from the Sworn Classified Service
to the Miscellaneous Classified Service in accordance with this provision
shall be subject to a new probationary period designated for that
class beginning on the first day of reinstatement or transfer or demotion.
(e) Appeal.
Any probationary employee who has not successfully completed the minimum
requirement of six months probation in the Miscellaneous Classified
Service and who is subsequently certified to the Sworn Classified
Service, is not eligible for reinstatement or transfer or demotion
to the Miscellaneous Service under these Rules and has no vested right
of appeal, absent non-merit discrimination or an abuse of discretion
by the appointing authority.
(Amended by CS05-065, 5/19/05, adding (a,b,c,d,e))
The appointing authority shall make the appointment in rank
order from those persons listed on the Commission approved and certified
eligible list. The Director of Human Resources, or designee, will
notify the person appointed. If an appointee does not report for duty
within the time prescribed by the appointing authority, he or she
shall be deemed to have refused appointment.
(Amended by Resolution CS2017-03-16-1201)
In the event of an emergency threatening public life and property, such as could not be reasonably foreseen and anticipated by the appointing authority, the appointing authority may appoint such persons as are required to meet the needs of the situation as provided in Article
XXV, Section 2512 of the City Charter. Such appointments shall not exceed 30 days, nor shall successive emergency appointments be made. Emergency appointments shall be reported promptly to the Commission.
(Amended by Resolution CS98-074, 10/1/98)
(a) Conditional Appointment. If the appointing authority desires to fill a temporary vacancy in the upper ranks of the Police or Fire Department caused when a regularly appointed classified employee is unable to perform assigned duties as set forth in subsection
(b) below, a conditional promotional appointment may be made first from a reemployment list and then from a Commission approved and certified eligible list in accordance with Sec. 5 (Certification for Appointment) as outlined above.
(b) Use of
Conditional Appointment.
(1) Military
Leave. When a regularly appointed employee in the upper ranks of the
Police or Fire Department is called to active military duty, a conditional
appointment may be made as set forth in this Rule for an indefinite
period of time or until the previous holder of the position returns
to regular duty.
(2) Extended
Illness or Injury. When the declaration of the City Physician shows
that the illness or injury of a regularly appointed employee will
incapacitate such employee from performing normal work for 30 days
or more, a conditional appointment may be made as set forth in this
Rule for an indefinite period of time or until the previous holder
of the position is able to return to regular duty.
(3) Special
Assignments and Other Extended Leaves. When a regularly appointed
employee in the upper ranks is unable to perform assigned duties for
60 days or more due to any type of special assignment or other approved
leave, a conditional appointment may be made as set forth in this
Rule; except that, no person shall serve more than four months in
any one fiscal year under this subsection.
(c) Restrictions.
Except as otherwise provided in this Rule, conditional appointments
are subject to the return of previous holders of regular positions.
Eligibles appointed to fill temporary vacancies pursuant to this Rule
shall be placed back into their previously held positions upon the
return to duty of previous holders of regular positions. Eligibles
shall be placed back into their previously held positions based on
inverse order of conditional appointment.
No service credit shall be allowed for service rendered under a conditional appointment in accordance with City Charter Article
XXV, Section 2507(d).
(d) Effect
of Conditional Appointment. Acceptance or refusal of a conditional
appointment shall not affect the standing of any person on a reemployment
list or current and active eligible list for regular appointment.
Regular appointments shall be made in accordance with these Rules,
except that, the Commission shall first certify persons in conditional
appointments to fill regular vacancies, in accordance with the conditional
appointee's rank order on the reemployment list of eligible list from
which the employee received conditional appointment, even if expired.
(Amended by Resolutions CS01-077, 07/19/01; repealed by Commission
on 4/03/03; CS04-051, 05/06/04; CS05-046, 3/17/05; amended by Resolutions CS10-021, 08/19/10; CS2017-03-16-1201)
Any person whose name appears upon an eligible list after being
certified for appointment may be granted a waiver of appointment upon
giving reasons satisfactory to the Commission in writing. Such a waiver
shall be for a period of time stated in the written request to the
Commission, not to exceed the life of the list. In the event the list
of eligibles is exhausted prior to the expiration date for said list,
an eligible with a waiver shall be afforded the opportunity to accept
appointment to the next vacant position or have his or her name dropped
from the eligible list in accordance with Rule V, Section 16 of these
Rules and Regulations. A second waiver shall not be granted. This
rule shall not apply to temporary appointments nor shall it apply
to waivers granted for military service.
(4877, 12/4/75; amended by Resolutions CS10-021, 08/19/10)