Sec. 40-131. - Classified service—Eligibility lists generally.

(a)

Priority for consideration for employment shall be given to the various eligibility lists in the following descending order: reemployment lists, promotional lists, and open competitive lists.

(b)

Reemployment lists shall consist of city employees who were laid-off due to the elimination of their positions or transferred to positions in a lower pay grade in lieu of lay-off, as set forth in section 40-189

(c)

Promotional lists shall consist of applicants from the regular classified service who have successfully met the criteria for the position as determined by the director of personnel.

(d)

Open/competitive lists shall consist of applicants who have successfully met the criteria for the position as determined by the director of personnel.

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

Sec. 40-132. - Same—Duration of eligibility lists.

(a)

Eligibility lists shall become effective upon the director of personnel's official recognition that the lists were prepared in accordance with the requirements of this division and accurately set forth the relative ratings of the applicants whose names appear thereon.

(b)

Eligibility lists shall be effective for a period of six months from the date of recognition by the director of personnel. The director of personnel may extend this effective period, at his or her discretion, and applicants shall be notified accordingly.

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

Sec. 40-133. - Certification of candidates to eligibility lists.

(a)

The director of personnel shall establish criteria for certification on an appropriate eligibility list, which may include, but is not limited to, those qualification specified in section 40-112 (education, experience, etc.). Any candidate so certified must possess the minimum qualifications specified for the position.

(b)

When the initial evaluation of the applicants for any vacant position is completed, the names of the applicants shall be listed in rank order by the director of personnel or his/her designee, with the highest-rated applicant listed first.

(c)

After the expiration of a position posting period, if sufficient numbers of qualified applicants have applied for the position, a minimum of three certified candidates shall be placed on the eligibility list.

(d)

In extraordinary circumstances, when there are fewer than three certified candidates, the director of personnel, at his or her discretion, nonetheless may authorize such list of candidates for consideration for employment.

(e)

If there are not a sufficient number of candidates on the eligibility list, the commissioner or department head may request that additional names be considered for certification with the approval of the director of personnel by reopening the examination process.

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

Sec. 40-134. - Classified service—Removal of names from eligibility lists.

The director of personnel may remove the name of any candidate on a certified eligibility list under the following circumstances:

(1)

As provided in sections 40-103 and 40-190

(2)

When the candidate cannot be contacted or fails to reply to a contact within two business days. Upon submission of a request by the candidate giving reasons acceptable to the director of personnel, at his or her sole discretion, why the notice was not returned or change of address not filed, the director of personnel, in his or her discretion, may restore the name of a candidate to a certified eligibility list.

(3)

Upon receipt of a written statement from the candidate declining employment and stating that s/he wishes to be removed from the eligibility list.

(4)

When the candidate has declined an offer of regular employment in the position or pay grade for which the eligibility list was established, or two offers of reemployment pursuant to section 40-190

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

Sec. 40-135. - Same—Preference for promotion from within.

It shall be the policy of the city to encourage the general practice of promotion from within the city service, giving consideration to the applicant's qualifications, performance record, seniority, conduct and, where practicable, to the results of competitive examination. Vacancies shall be filled by promotion whenever practicable and in the best interest of the classified service. Employees are urged to obtain the necessary skills, training and education in order to be eligible candidates for promotion.

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

Sec. 40-136. - Same—Selection of candidates.

Those certified candidates on the eligibility list will proceed through the final interview and evaluation phase, which shall result in the selection of the final candidate by the department head or designee(s).

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

Sec. 40-137. - Same—Conditional offers of employment; medical examination; verification of qualifications.

(a)

A physical/medical examination shall be given to all candidates to whom a bona fide offer has been made, as a condition of employment. Such examinations shall be made at the city's expense by a duly licensed physician or other competent authority designated or approved by city council. The examining physician or other authority shall determine whether the candidate is able to perform the functions of the position in which s/he is to be employed.

(b)

At the discretion of the director of personnel, verification of the candidate's qualifications shall be conducted at the time of the conditional offer of employment.

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

Sec. 40-138. - Same—Notice of selection; appeals to director of personnel.

(a)

After the final candidate has accepted an offer of employment and satisfied all conditions of employment, the personnel department shall notify all remaining candidates for the position regarding their non-selection.

(b)

Candidates who were not selected may appeal such action based upon a claim of inaccurate rating resulting from any examination or evaluation, and the director of personnel shall consider appeals arising from such claims, under the following, exclusive circumstances:

(1)

The applicant presented his or her claim to the personnel director within five working days of receipt of notification that s/he was not selected for the position; and

(2)

The applicant alleges personal prejudice was exercised against him or her in the conduct or scoring of the examination or a part of the examination or selection process; or

(3)

The applicant alleges that collusion, misfeasance or fraud occurred in any part of the examination or selection process.

(c)

Upon notification of such appeal, the director of personnel shall conduct such hearings and investigations as s/he deems reasonable and necessary. If the director of personnel finds the allegations of the applicant to be true, s/he may take remedial action as provided in this section, which may include declaring the subject examination and all eligibility lists resulting there from to be null and void, granting the aggrieved applicant the opportunity to retake the qualifying examination or otherwise be reevaluated, disqualifying any other applicant pursuant to the provisions of section 40-103, or any combination of these or other forms of equitable relief, as the director of personnel deems appropriate.

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

Sec. 40-139. - Same—Provisional employment.

It shall be the policy of the city to require all department heads and commissioners to notify the director of personnel of impending or anticipated openings in their departments sufficiently in advance so as to allow for the preparation of an appropriate employment eligibility list. However, when the demands for the service are such that it is not practicable to delay appointment until a new employment eligibility list can be prepared and certified, the commissioner or department head may, with the approval of the director of personnel and the agreement of the applicant, provisionally appoint such applicant to the position. Provisional appointments shall not be in the classified service; provided, however, that any regular classified service employee who temporarily serves as a provisional appointee shall retain his or her benefits eligibility and city and departmental seniority as though continuously employed in the classified service and shall have grievance rights, and shall be returned to his/her regular position upon completion of the provisional assignment, unless the employee is discharged for just cause, including inability to perform the functions of the job, due to circumstances that would have called for the employee's discharge from the regular position as well. As soon as practicable after a provisional appointment has been made, the director of personnel shall cause a job announcement to be posted and take other steps as necessary to prepare an eligibility list.

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

Secs. 40-140—40-150. - Reserved.