To fill a vacancy by selection of a candidate from a list established on the basis of an examination, the agency head shall submit a request for certification to the director. This requisition may be for one or more positions in the same class and shall indicate the number and identity of positions to be filled and the title of the class to which they have been allocated, and shall include all other pertinent information which the director deems necessary. The agency head shall make such request as far in advance as possible of the date the employee is to begin work.
(AO No. 79-195; AO No. 86-207(S-1))
A. 
Upon receipt of a requisition, the director may certify to the agency head the names of all candidates included in the highest rankings, normally the top five rankings, pursuant to an examination, and the names of those candidates whose employment may assist the agency to reach its affirmative action goals and timetables. Upon request by the agency head, the director may certify additional candidates. If more than one vacancy occurs in the same class of positions, the director may certify additional candidates for each additional vacancy. If the list established as a result of the open-competitive examination for a specific class of positions is exhausted, the director may certify and submit names in accordance with section 3.30.053. If the agency head, for good cause, rejects all names submitted, the director may prepare and submit a second list of candidates for consideration.
B. 
If a reemployment list exists for a position for which a request has been received, the director shall certify the qualified unranked candidates.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 94-117, § 10, 7-26-1994)
A. 
The desired selection by the agency head shall be reported to the director. The certification list shall be forwarded to the director for appointment action. No offers of employment, transfer or promotion, either oral or written, shall be made by anyone but the director.
B. 
Any conditional offer of employment for regular, temporary, and/or seasonal employment of new hires and re-hires shall require, prior to employment, a successful completion of a satisfactory background check and compliance with any position specific pre-hire requirements.
(AO No. 79-195; AO No. 97-102, § 7, 8-19-1997; AO No. 2005-76, § 1, 7-1-2005)
Individuals in the following categories shall be entitled to priority in filling vacant positions according to the following descending order of priorities:
A. 
Reinstatement of a veteran returned timely from military leave.
B. 
Reinstatement from demotions, suspensions or dismissals, successfully appealed.
C. 
Transfer or demotion in lieu of layoff.
D. 
Reemployment from layoff, within one year.
E. 
Demotion for disciplinary reasons, into the same or a parallel class series.
F. 
Transfer for reasons other than layoff.
The reasons for reinstatement are:
1.
Timely return from military leave.
2.
Return to a position in the class the employee held when suspended, demoted or dismissed, after successful appeal.
3.
Return of an employee from authorized injury leave or leave without pay.
(AO No. 79-195; AO No. 82-49; AO No. 83-11(S); AO No. 85-8; AO No. 86-207(S-1); AO No. 88-51; AO No. 91-95; AO No. 91-173(S); AO No. 92-121(S); AO No. 94-117, § 1, 7-26-1994)
A position is employment in the classified service wherein a group of current duties and responsibilities has been assigned or delegated by the agency head, requiring full-or part-time employment of one person. Employees are appointed to a particular type of position, and those holding that type are called by that name, for example, executive employee, regular full-time employee, regular part-time employee or temporary employee. The different types of positions are as follows:
A. 
Executive positions. Executive position means a regular full-time or part-time position compensated in accordance with and subject to the provisions of rule 17.
B. 
Regular full-time positions. Regular full-time position means one established for providing essential municipal services on a full-time, ongoing basis into the indefinite future.
C. 
Regular part-time positions. Regular part-time position means the same as regular full-time except that work involved will total less than 40 hours a week. Such work may be of an irregular nature such as short shifts at various times and on various days of the week.
D. 
Temporary positions. Temporary position means one established to provide essential municipal services not to exceed six months in duration. Such positions may be filled on a full-time or part-time basis.
(AO No. 79-195)
Type of appointment means the status of an employee when designated to a specific vacant position in a particular class of positions, filled by a particular method.
A. 
Probationary appointment. All appointments to positions in the classified service, including rehires and promotions, shall be on a probationary basis except for certain kinds of reemployments, demotions and transfers, as determined by the director, and all temporary appointments and assignments, including acting appointments.
B. 
Provisional appointment. When an agency head finds it essential to fill a vacancy and the director is unable to provide full certification for such a vacancy because there is no existing appropriate list, or because there is an insufficient number of persons on the appropriate lists who are willing to accept appointment, the director may authorize the agency head to fill the vacancy by means of provisional appointment. A provisional appointment is a temporary appointment and shall expire when a list has been prepared and a regular appointment made, or it shall expire automatically six months from the date of such appointment.
C. 
Regular appointment. A regular appointment is the action taken by an agency head, using prescribed procedures, to designate an applicant or employee to a regular position vacancy in probationary status (does not include temporary appointments).
D. 
Part-time appointment. A part-time appointment is one in which the work involved will total less than 40 hours a week. A part-time appointment may be made to any type of position.
E. 
Substitute appointment. A substitute appointment is one that is made to a position which is going to be vacant for longer than six months because of an authorized leave of absence where the incumbent has reinstatement rights. Upon reinstatement of an incumbent, the substitute employee may be transferred or demoted to any vacant position for which he or she is qualified, at the discretion of the director; otherwise, he or she shall go into layoff status for the class of position in which he or she was a substitute employee.
F. 
Subfill appointment. A subfill appointment is one in which a position vacancy is filled by appointment to a position in a lower level class in the same or a closely related class series with the prior written approval of the director. Generally, this type of appointment results from a recruitment announcement which has produced fewer than three qualified available applicants or employees. The position may be subfilled by recruiting for a lower level class in the same or a closely related class series. An individual receiving a subfill appointment shall be so advised in writing by the agency head, and the employee will perform the duties of the lower class. The fact that the subfilled employee may be doing work of the level of the position being subfilled may not be given as a reason for appointment to or pay of the position subfilled before he or she is clearly qualified for and appointed to that position. When an agency wishes to make an appointment to a subfill position at the full level assigned, it shall request that recruitment be opened at that level and examination and certification for the position shall be conducted in accordance with rules 4 and 5.
G. 
Temporary appointment. Appointments for short-term or seasonal employment may be made as are necessary to carry on the government business. Appointments of this type shall normally be made from established employment lists. If no list exists or if certification from lists is impracticable because of nonavailability of eligibles for temporary work, the director may authorize the temporary appointment of any qualified individual to the designated agency head. The length of a temporary appointment shall not be more than six months in any one year except where the director grants an extension because of extenuating circumstances. The acceptance or refusal by an eligible of a temporary appointment does not affect his or her standing on the regular employment list. Temporary employees of a seasonal nature may have their names placed on a reemployment list to be considered for the following season.
H. 
Acting appointment. An acting appointment is made when a qualified employee may be required to serve temporarily in and accept responsibility for work in a vacant higher level position which, from the standpoint of the municipality's business, cannot be left vacant for any but the shortest period of time, and yet no qualified applicant is available for its filling, announcement of the position is delayed or for some other reason it is not feasible to make a probationary appointment. This type of appointment gives the acting employee no advantage in competition for regular filling of this position. However, time in acting appointment may be counted toward experience for the class of position concerned. An acting appointment can be distinguished from an acting assignment in that in an acting appointment the individual has been determined by the director to be fully qualified for the vacant higher level position, the full range of responsibilities for the vacant position has been assigned to the temporarily appointed individual, and the director has concurred with the decision not to make a probationary appointment. An acting appointment requires the prior written approval of the director.
(AO No. 79-195; AO No. 94-117, § 11, 7-26-1994)
An employee may be assigned temporarily, not to exceed six months, to duties necessary to maintain an adequate level of municipal services to get some special job done, or to accomplish or take charge of some special project or emergency. Assignments are not appointments and carry with them no rights except for higher pay as set forth under rule 12 concerning pay.
An acting assignment is made when an employee, although the employee may not be fully qualified, may be assigned some essential functions or essential duties of a higher level position. This type of assignment benefits the employee, who gains some knowledge and skill in a higher level position. Time in an acting assignment may be counted toward experience requirements in meeting minimum qualifications for class of position concerned.
An acting assignment requires the prior written approval of the director.
(AO No. 79-195; AO No. 2014-32(S), § 2, 2-25-2014)
A. 
Reinstatement and reemployment.
1. 
Return from military leave. A municipal employee who returns from military leave timely shall be reappointed in accordance with United States Code Annotated title 50, War and National Defense Military Selective Service Act of 1967, section 459, Separation from Service, subsections (a), (b), (c), (f) and (g). If his or her return is in accordance with the act, he or she is entitled to reinstatement into the position he or she had when he or she left on military leave, or into one as nearly like as possible.
2. 
Reemployment after layoff. An employee with regular status who has been laid off may be reemployed within one year from the effective date of his or her layoff. The director shall approve reemployment if the candidate qualifies. A reemployed employee shall have his or her service time adjusted to his or her original date of employment less the time off the payroll, to establish his or her adjusted service date. He or she shall have his or her eligibility date for the next merit increase adjusted accordingly.
3. 
Reinstatement as a result of successful appeal. An employee with status who has been dismissed, demoted or suspended for insufficient reasons, as determined through arbitration, may be reinstated to his or her former position or to a position of like status and pay, with or without loss of pay or benefits for the period of his or her separation as specified in the arbitration award. During the grievance procedure prior to arbitration the agency head may order reinstatement with or without back pay or benefits, with concurrence of the director. Such reinstatement order, as approved by the director, will contain the terms and conditions necessary to implement the reinstatement.
4. 
Reinstatement to a position after terminating within a 31-day period. An employee who terminates and requests to be rehired with less than a 31-day break in service and without a competitive recruitment must submit a written request through normal agency channels to the agency head. The request to rehire must be approved in advance by the agency head and the director. If the request to terminate and rehire is denied, the employee cannot grieve this action. Employees who terminate and rehire under this section shall be rehired at the entry level salary, leave accrual, and seniority. Preemployment requirements may be waived with the exception of the drug screen, when applicable.
B. 
Promotion. Promotions shall be made on the basis of the most qualified and will require all applicants to be minimally qualified. A promotion is the filling of a vacancy by the advancement of an employee from a position having a lower salary grade. Vacancies in the classified service shall be filled by promotion whenever practicable and in the best interest of the service. Promotions shall be based upon merit considering but not limited to factors such as education, experience, training and results of competitive examinations where applicable, and shall be made in accordance with the procedures established in this chapter.
C. 
Transfer. A transfer is the lateral movement from one position to another position in the same class, a different class or a parallel class at the same range, without any break in service. The transfer may be within an agency, or from one agency to another. An employee in a temporary position may not be transferred to a regular position.
1. 
Transfer within an agency. Transfer of a qualified employee within an agency from one position to another in the same class may be made without examination or certification at the discretion of the agency head.
2. 
Transfer between agencies. At the joint request of agency heads and with prior approval of the director, a qualified employee may be transferred from one position to another in the same class, between two agencies. However, the transfer of an employee who requests a transfer between two agencies may be made only after the employee has applied for an announced municipal-wide or open competitive vacancy, been certified as a qualified applicant, and been selected by the appointing authority.
3. 
Transfer to a parallel class. Transfer to a parallel class shall be made in accordance with subsections C.1 and C.2 of this section after it has been determined that the employee possesses the necessary qualifications and the director has verified that the two classes involved have a sufficient relationship. The director may require a written examination or other evidence for the purpose of determining the employee's qualifications for the new class.
4. 
Employee request for transfer. An employee who desires a transfer within an agency for personal reasons shall send his or her written request through normal agency channels to the agency head, who will make the decision. A regular employee may request transfer from one agency to another for personal reasons by submitting his or her application for an announced vacancy.
5. 
Involuntary transfer. Any transfer between agencies, effected for the good of the service, without the consent of the employee, must be approved in advance by the director. The agency heads concerned shall initially furnish an explanation in writing of the reasons for the change or transfer, and the employee will receive two weeks' notice, unless the circumstances prohibit notice or the employee waives the notice requirement.
6. 
Application for personnel action. An employee who applies for a transfer, promotion, demotion, examination or placement on any eligible list shall submit a written request for such personnel action to the director and shall notify his or her supervisor.
7. 
Employee notice of transfer and effective date. Upon approval of the director, and before completion of any transfer, the employee shall be notified in writing of changes in terms and conditions of employment, including pay step, anniversary date, length of service date and requirement for serving a probationary period. The effective date of the transfer will be as approved by the director following consultation with the agency heads concerned and shall normally be within two weeks of acceptance of the position offer by the employee.
D. 
Demotion. The movement of an employee to a position in a lower class is a demotion. For this purpose a lower class means a class having a salary grade lower than the salary grade of the position in which the individual is employed.
1. 
Reasons for demotion.
a. 
Demotion for lack of work or for cause. An employee may be demoted for lack of work in his or her class, or for cause, and, in case of the latter, only pursuant to section 3.30.124F.1.a. An employee may appeal his or her demotion for cause in accordance with sections 3.30.100 through 3.30.103.
b. 
Demotion at employee's request. If, for personal or other reasons, an employee requests in writing that he or she be assigned to a position in a lower class, the agency head for that vacant position may make such a demotion with prior approval of the director in writing. In such cases, the demotion will be deemed to have been made on a voluntary basis.
2. 
Demotion to lower class in same, parallel or different class series. An employee may be demoted into a lower level position vacancy in a class series where the duties are the same, parallel or significantly different with the approval of the agency head for that vacant position and the director. Such a demotion requires that the employee be qualified for the position to which demotion is requested. The director may require a written examination or other evidence of the employee's qualifications.
3. 
Demotion from the executive service to classified or partially exempt service.
a. 
An executive employee who previously held status in the classified or partially exempt service and who requests demotion may be placed in a vacant classified or partially exempt position at the same or a lower level position than the one in which status was previously held with the approval of the agency head for that vacant position and the director. Such a demotion shall be allowed only if the employee is qualified to hold the position sought in the opinion of the director. The director may require a written examination or other evidence of the employee's qualifications.
b. 
In all other situations, the executive shall be required to compete for such appointment as provided in this chapter.
E. 
Appointment to position with substantially different terms of employment. Appointment to a position in a different bargaining unit, from a nonrepresented position to a represented position, from a represented position to a nonrepresented position, from a position covered by chapter 30.40 or from a temporary position to a regular position shall be subject to the following:
1. 
Regular employees may apply for announced vacancies in a different bargaining unit, or to move between represented and nonrepresented positions. If the employee is selected to fill the vacancy, the terms and conditions of employment for the new position will be set forth in detail reflecting the pertinent changes from the former position, prior to the effective date of the appointment.
2. 
Temporary employees may apply for announced municipal-wide or open competitive vacancies in the same or a different bargaining unit, or to move between represented and nonrepresented positions. If the employee is selected to fill the vacancy, the terms and conditions of employment for the new position will be set forth in detail reflecting the pertinent changes from the former position, prior to the effective date of appointment.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 88-51; AO No. 94-117, §§ 12—14, 7-26-1994; AO No. 2003-105, § 1, 7-15-2003; AO No. 2015-23(S), § 10, 3-24-2015)