Sec. 40-96. - Classified service—Personnel requests.

Whenever a classified position is to be filled, the commissioner or department head shall make a written request to the director of personnel to certify candidates for the opening, in such form and with such information as the director of personnel shall require. In responding to such requests, the director of personnel shall give first consideration to any individuals on a reemployment list, then, if necessary, to former employees eligible for reinstatement, and finally, if necessary, to the remaining certified candidates for employment. The director of personnel shall advise the commissioner or department head of the availability of certified candidates with the necessary ability and qualifications.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-97. - Same—Reinstatement.

(a)

The commissioner or department head may, with the approval of the director of personnel, reinstate a former employee to his or her prior position who resigned in good standing from that position in which s/he had regular status to the same position; provided, that such reinstatement is accomplished within one year of the date of resignation. At the discretion of the hiring authority, such reinstatement may take precedence over any eligibility list except a reemployment list.

(b)

A resignation in good standing is any resignation in regard to which the department head recommended the individual for rehire at the time of such resignation, upon a form designated for such purpose.

(c)

A reinstated employee shall receive not more than the step in the pay grade s/he received at the time of resignation with credit given towards service in said step. A reinstated employee's anniversary date shall be adjusted accordingly.

(d)

Any reinstated employee shall be subject to a 90-day probationary period, which period may not be extended. Upon satisfactory completion of the probationary period, a reinstated employee's city and departmental seniority and length of continuous service shall include the employee's prior years of service, less time away from city employment, and the employee shall be credited with any prior-accrued leave time, unless such time was paid out upon the employee's resignation.

(e)

A reinstated employee shall begin to accrue vacation and combined leave time on the effective date of the reinstatement. The accrual of leave shall be at the employee's prior rate of accrual; leave time shall be earned on a pro-rata basis in the first calendar year of reemployment. However, if vacation leave was paid out upon the employee's resignation, the employee shall accrue no vacation in the first calendar year of reemployment. A reinstated employee may take vacation or combined leave after 90 calendar days of reinstatement. Reinstated employees shall otherwise be eligible for benefits after 90 calendar days of reinstatement.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-98. - Same—Announcements and applications.

(a)

The director of personnel or his or her designee shall prepare a job announcement regarding any vacancy in the classified service. The announcement shall be posted for at least ten working days. Suitable and effective methods of distributing information regarding job openings and of securing the most qualified candidates available shall be used. The announcement shall contain a description of the qualifications for the position and other pertinent information that will be considered in selecting the successful applicant.

(b)

All job announcements shall identify the job vacancy as either promotional or open competitive.

(1)

A "promotional only" posting is limited to applications from regular classified service employees whose successful attainment of the posted position would result in a higher pay grade or salary level.

(2)

An "open competitive" positing is open to all applicants except for probationary employees.

(c)

Application forms shall be accepted only for specific postings announced by the city. Official application forms shall be available in the office of the director of personnel and may be available at any other place that promotes recruiting. All applications shall be filed in the personnel department unless otherwise noted on the job announcement. Any person who requests an application form shall be given one.

(d)

Job announcements may be reposted for a period of at least five additional working days if an insufficient number of qualified candidates apply for the position.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-99. - Same—Incomplete or defective applications.

An incomplete or defective application may be returned to the applicant for amendment. An amended application may be accepted, provided that the time limit for filing applications has not expired at the time the application is returned by the applicant.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-100. - Same—Eligibility for examination or evaluation.

(a)

Any applicant who can demonstrate that s/he fulfills the basic requirements for a vacant position in the classified service shall be eligible to participate in an examination or other evaluation related to the position, as outlined in section 40-113

(b)

Both men and women may apply for any position announced, unless the appointing authority determines that gender is a bona fide job requirement, in which case the job announcement shall so state and specify the gender required.

(c)

The director of personnel may require applicants to furnish such evidence of good character and the ability to perform the duties of the position successfully as s/he may deem necessary.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-101. - Same—Eligibility for promotional examination.

Any employee having regular status in the city classified service shall be eligible to compete in a promotional examination, provided that s/he meets the qualifications for the position for which the examination is to be held and is not in a probationary status in his or her current position.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-102. - Same—Reopening of application period.

The application period for any vacant position is subject to reopening for consideration to those employees who, at the time of posting, were on sick or family leave, military training leave, vacation, or other approved leave of absence for ten working days or less. Such employees shall make application for the position within three working days after returning to work.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-103. - Same—Disqualification of applicants by director of personnel.

(a)

The director of personnel may disqualify any applicant either before or after examination for any of the following causes:

(1)

Applicant is not a citizen of the United States, if U.S. citizenship is a requirement for the position.

(2)

Applicant lacks any one of the qualifications for the position set forth in the position description or in this chapter.

(3)

Applicant is unable to perform the functions of the position for which s/he is applying.

(4)

Applicant has been adjudged guilty of any felony or other crime involving moral turpitude.

(5)

Applicant has made any false statement or omission of any significant material fact, or practiced or attempted to practice any deception or fraud in the application or examination.

(6)

Applicant has been dismissed from any public service for inefficiency, delinquency or misconduct.

(7)

In the judgment of the director of personnel, applicant is unsuitable for the particular position for which the application was filed, for reasons including but not limited to a prior resignation from the city service that was accepted with prejudice.

(b)

At his or her discretion, the director of personnel may request any applicant whose disqualification is being considered to appear for an interview to provide information regarding the facts and issues under consideration.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-104—40-110. - Reserved.