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Table Of Contents
6. Pay Plan
10. Eligible Lists
12. Limited-Term Appointments and Promotions
13. ( abolished )
20. Vacation Leave
21. Sick Leave
28. Labor Relations
12. LIMITED-TERM APPOINTMENTS AND PROMOTIONS
12.01 - PROVISIONAL APPOINTMENTS. Whenever there is urgent need for filling a vacancy in any position in the Civil Service and the Director is unable to certify from an eligible list, he or she may authorize the filling of the position by provisional appointment. To be eligible for provisional appointment, a person must possess the necessary education, experience and other qualifications as set forth in the specification for the class and not have permanent Civil Service status. A provisional appointment shall not continue for more than thirty (30) days after the Director has published an eligible list for the class. A provisional appointment may not last more than ninety (90) days in any twelve (12) month period. The acceptance of a provisional appointment shall not confer upon the appointee any rights of permanent status, transfer, promotion or reinstatement.
12.011 - In the event that a provisional appointment expires before an eligible list is published for the class in which the provisional appointment was granted, the Director, upon request of the appointing authority, may authorize the continuance of the incumbent in the position as a temporary appointee for six months or until such time as the eligible list is published, whichever period is shorter. In such cases, the employee will continue to receive the benefits to which he or she was entitled had he or she continued as a provisional appointee.
12.02 - TEMPORARY EMPLOYMENT. Whenever an appointing authority requires the temporary employment of a person who does not have permanent Civil Service status to fill a position for a limited period not to exceed six (6) months, he/she shall so advise the Director, stating the duration of such period, and the duties to be performed. If, in the judgment of the Director, the position is in fact of a temporary nature, he/she shall certify the name of the one person ranked highest on an appropriate eligible list who is willing to accept temporary employment. If there is no person whose name is on the appropriate list who is willing to accept such employment, the Director shall certify for such temporary employment any person deemed qualified by the appointing authority. Temporary employment can continue for the full six month term even if an eligible list is published after the commencement of the temporary employment.
The acceptance or refusal by an eligible person of temporary employment shall not affect his or her standing on the eligible list for permanent appointment, except in the case of unskilled laborer, where acceptance of a temporary position will result in the removal of the person's name from the eligible list until the completion of the temporary appointment. The person will not be eligible for certification to other positions until completion of the temporary appointment. The person's name shall then be restored to the eligible list at the completion of the temporary appointment.
If at any time it becomes evident that the need for the temporary position will extend beyond six (6) months, the position shall, if further authorized, be made permanent and shall be filled by certification and appointment in the same manner as other permanent positions. No person shall serve as a temporary appointee for longer than six (6) months in any twelve (12) month period. This limit may be restricted to a shorter time period at the discretion of the Director. Experience gained as a temporary appointee shall in no way vary the order of certification for permanent appointment, nor shall a period of temporary service be counted as part of the probationary service in case of subsequent appointment to a permanent position, except as may be otherwise provided in the Regulations. The acceptance of a temporary appointment shall not confer upon the appointee any rights of permanent status, transfer, promotion or reinstatement.
12.03 - EMERGENCY APPOINTMENTS. In case of an emergency which could not have been foreseen and which requires the immediate employment of one or more persons to prevent serious impairment of the public business and it is not practicable to secure the needed person or persons by certification from an eligible list in time to meet the emergency, an appointing authority may appoint any person he or she deems to be qualified during such emergency for a period not exceeding thirty (30) days. The Director shall have the right to make such investigation as necessary to determine whether an emergency actually exists, and his or her determination of this question shall be final so far as the auditing and disbursing officers are concerned. In no case shall successive emergency appointments be made and no person shall receive more than three emergency appointments in any twelve (12) month period.
12.04 - SEASONAL APPOINTMENTS. Any position in the Civil Service which requires, or is likely to require, the services of an incumbent during certain parts of each year only at recurring annual or other periods shall be designated a seasonal position. Requisition, certification and appointment to seasonal positions shall be made in the same manner as provided in these Regulations for original appointments generally. The layoff of employees in seasonal positions shall be made in accordance with the general Regulation governing layoffs, except where the appointing authority requests that a method better suited to the situation be used and where such method is approved by the Director. Any person lawfully appointed to or employed in a seasonal position who has been separated therefrom by the discontinuance thereof shall, unless he is ineligible for further employment, be entitled to re-employment in the same position at the next recurring period upon filing with the Director a request for such re-employment at least thirty (30) days before the date of resumption of the seasonal work.
12.05 - TEMPORARY PROMOTIONS. In the absence of an appropriate departmental promotional eligible list, a temporary appointment without examination to fill a vacancy may be authorized by the Director, upon the written request of an appointing authority. The appointing authority may request a temporary promotion for any employee with permanent Civil Service status whom the appointing authority deems qualified to perform the work of the position. All such temporary promotions shall continue for no more than a period of six (6) months. An employee may be compensated in temporary promotions for a maximum of six months in a twelve month period. A temporary promotion shall not continue for more than thirty (30) days after the Director has published a departmental promotional eligible list for the class.
12.051 - TEMPORARY CHANGE IN ASSIGNMENT – OUT OF CLASS ASSIGNMENT. With the approval of the appropriate department head or deputy, there may be assigned to an employee duties appropriate to a higher class than that in which the employee is employed. Such out-of-class work assignment may not continue for more than sixty (60) working days during a ninety (90) day period. Should such assignment continue beyond sixty (60) days it shall be reported to the Director and a new appointment must be made in compliance with the provisions of the Regulations relating to such appointments.
12.052 - TEMPORARY PROMOTIONS FOLLOWING OUT-OF-CLASS ASSIGNMENT. In the absence of an appropriate departmental eligible list, a temporary promotion as defined above may be authorized when an employee working in an out-of-class assignment continues to be so employed beyond sixty (60) working days. Credit for service in such out-of-class assignment will be granted as experience in examinations, unless prohibited by Regulation 9.0262.
END OF REGULATION 12.