2.57.065 Filling of vacancies--Probationary period.
1.
A. When a position in the classified service becomes vacant, if the appointing authority desires to fill the vacancy, he or she shall request the commission to provide him or her with the names and addresses of persons eligible for appointment thereto. The commission secretary/examiner shall thereupon certify the names of the three persons who are highest on the eligible list for the class to which the vacant position has been allocated and who are believed to be willing to accept the employment; provided, however in the case of entry level police officer and firefighter positions, the commission secretary/examiner shall certify the names of the ten candidates highest on the eligible list for the class. In determining the final score, the candidates' scores shall be rounded to no greater level of accuracy than the nearest whole number.
B. If there is no eligible list for the class when a position becomes vacant, the commission shall either establish such a list or otherwise determine a list which it deems appropriate for such class. The commission secretary/examiner shall then certify names consistent with this chapter and its rules.
C. If more than one vacancy is to be filled, an additional name may be certified for each such additional vacancy. The appointing authority, after review of the persons so certified, in each case shall appoint one person to each such vacant position.
D. If any person certified by the commission is removed from the list or requests to not be considered for appointment, the commission shall certify the next highest person on the list to replace the persons removed if fewer than three candidates for a promotional position, or ten candidates for an entry level position remain on the list from which the selection is to be made. The commission, in its rules, shall establish a procedure for removal of names from the eligibility list both prior and subsequent to certification of the list to the appointing authority.
2. Whenever an eligibility list is to be obtained as provided above, or whenever a position is held by a provisional or temporary appointee and an eligible list for the class of such position comes to exist, the commission secretary/examiner shall forthwith certify to the appointing authority the names of the persons eligible for certifications, and said appointing authority shall appoint one person so certified, provided he/she is found to in fact be qualified for said position.
3. To enable the appointing authority to exercise a choice in the filling of positions no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one-year probationary service. During any probationary period the appointing authority may terminate the employment of the person certified, if during the probation period, upon observation or consideration, the appointing authority or the appointing authority's designee finds the person unfit or unsatisfactory for service in the position; provided that an employee failing to complete a probation period following promotion shall be allowed to return to his/her former rank unless disciplinary action is taken for cause. A promoted employee may, at his/her request, return to his/her former lower rank during a promotional probationary period.
Whenever a vacancy occurs because the employee either fails to complete the probationary period or voluntarily requests return to his/her former rank, the commission secretary/examiner then shall certify a list of eligible candidates in the same manner as for the initial such appointment. The appointing authority then shall designate one of the persons certified on such list. Such person shall likewise enter upon said duties until some person is found upon completion of the probationary period to be satisfactory for appointment, employment or promotion, whereupon the appointment, employment or promotion shall be complete. (Ord. M-2768 §3 (part), 1988)