A. Application and Applicants.
1. Announcement. Notice of vacancies for all positions in the classified service shall be given by the preparation of employment opportunities announcements. Such announcements shall be posted at the department and on departmental bulletin boards, and may further be posted, distributed, or advertised in such a manner as the director shall determine will yield maximum effectiveness and benefit to the City in securing the largest number of qualified applicants. In addition, a copy of such announcement shall be mailed to the official representative of the applicable employee organization, if any. The announcement shall specify the position, title, and pay range of the position for which the examination is announced, the nature of the work to be performed, desired qualifications, the date, time, place, and manner of making applications, the closing date for receiving applications, the types of tests to be administered in the examination, and other pertinent information.
2. Application Forms. Applications shall be made on forms provided by the Director. All applications must be signed prior to appointment by the person applying.
3. Disqualification. The Director may reject any application which indicates on its face that the applicant does not possess the desired qualifications required for the position. Such desired qualifications may include physical or psychological requirements if they are bona fide occupational qualifications for the position to which the applicant seeks appointment. Further, the applicant may be rejected if the applicant is determined to be a current abuser of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude, a crime which would reasonably be expected to affect the applicant’s ability to perform the duties of the position applied for or which could reasonably be expected to reflect adversely on the mission of the City; has made any false statement on the application on any material fact; or has practiced or attempted to practice any deception or fraud on the application. Defective or incomplete applications shall be rejected. Whenever an application is rejected, notice of such rejection shall be made to the applicant by the Director.
4. Reduction in Number of Applications. The Director may reduce the number of qualified applicants to be examined through a method of random selection, as set forth in an approved Administrative Procedure.
B. Examinations.
1. Subject and Methods of Examinations. Examinations may be assembled, unassembled, written, oral, practical demonstration, or any combination thereof, or any other form which will evaluate fairly the qualifications of applicants. In whatever form the examination takes, it shall relate to job responsibilities for the position and shall be structured fairly to measure the applicant's capability to perform in the position. Examinations may consist of one or more of the following parts:
a. Performance Tests. That part which deals with the duties of a position, and is designed to test the ability of an individual to perform those duties. Example: the practical test of driving or typing.
b. Written Test. That part which examines the knowledge and training which form the basis for performing the duties of the position.
c. Application Evaluation Test. That part which reviews the applicant's qualifications, training and experience as measured in relation to the desired qualifications of the position and those of other applicants, through an analysis of application forms and/or resumes. Recommendations provided by references which relate to the requirements of the job may be included as part of this evaluation.
d. Physical Agility, Medical or Psychological Tests. A physical agility, medical and/or psychological examination or test may be required of any applicant.
e. Personal Interview Test. The applicant may be questioned on the duties of the position, training and experience, the nature of work previously performed, and other occupational qualification questions in order to determine the applicant's fitness for the position.
2. Conduct of Tests. The Director shall administer such tests as are appropriate and shall arrange for the use of public buildings, materials, and equipment for the conduct of tests. All tests shall be held unless no qualified applicants are available for testing.
3. Qualifying Grade. In all tests, the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the test, including educational requirements, experience, occupational qualifications of the position, and other test validity studies. If so determined by the Director prior to test administration, failure in one test of an examination may be grounds for declaring that an applicant has failed the entire examination or is disqualified for subsequent parts of an examination.
4. Notification of Results. Each applicant taking an examination shall be given notice of the results thereof within a reasonable time period, including the applicant’s final rating and, if successful, the applicant’s relative position on the subsequent employment list. Applicants shall have the right to inspect their test papers and the key examination booklet except where standardized examinations are used. An error in grading or rating, if called to the attention of the Director within 10 days after notification of the results of the examination, shall be corrected and appropriate changes to any employment list made. Correction shall not, however, invalidate a certification or appointment previously made. In promotional examinations applicants may, upon request, be provided an analysis of their test results.
5. Review of Examination Comments. City will receive and review any and all comments offered by applicants concerning the examinations, their validity, and any other comments the applicant desires to offer, and will provide a written response.
C. Employment Lists.
1. Employment.
a. As soon as possible after the conclusion of an examination, the Director shall prepare and keep available a list of names of persons successful in the examination. The final rating shall be determined by the total of the scores received by each candidate for each test of the examination based upon the relative value assigned to each test. Candidates achieving identical final ratings shall be listed at the same numerical ranking on the employment list in the order in which their names are randomly selected by the Director. Candidates whose final rating falls lower than such a grouping shall be listed at the numerical ranking which is one greater than the total number of candidates that achieved a higher final rating. (Example: If four candidates score the same highest final rating, all four are listed at the number 1 ranking, in the order that their names are randomly drawn by the Director. Three candidates scoring the second highest rating would have a ranking of 5, their names also in random order. A single candidate with the third highest final rating would have a ranking of 8, and so on.)
b. Exception. The only exception to the numerical ranking system, as provided in Subsection 1, shall apply to candidates who are Veterans and have provided documentation of qualifying military service to the Department at the time of application for an examination process open to persons who are not current City employees. If a Veteran has a final rating identical to other non-veteran candidates, the Veteran shall be listed at a position on the employment list at a numerical rating which is one greater than the non-veteran candidates. If two or more Veterans have identical final rating scores, the Veterans will be placed at the same numerical ranking in the order in which their names are randomly selected by the Director. (Example: If four candidates score the same highest final rating and one is a Veteran, the Veteran shall be listed at the number 1 ranking and the remaining three candidates shall be listed at the number 2 ranking in the order that their names are randomly drawn by the director. If four candidates score the same highest final rating and two are Veterans, the Veterans shall be listed at the number 1 ranking and the remaining two candidates shall be listed at the number 3 ranking, all in the order that their names are randomly drawn by the Director.)
2. Reemployment Lists. Employees who have resigned in good standing upon their request at the time of termination of employment shall be placed on a reemployment list for the position from which they resigned. Employees who resign and so request placement on the reemployment list shall be placed on the list in the order, most to least, of the number of years in the position covered by the list.
3. Special Placement of Police Academy Trainees. Hourly exempt employees in the Police Academy Trainee classification who have successfully completed all of the requirements for the Police Officer Entry classification shall be placed on the Employment List for the Police Officer Entry position without further application or testing. Such Police Academy Trainees will be placed at the number 1 ranking on the list, and no specific testing score will be assigned to them. Qualified Police Academy Trainees may be placed on a Police Officer Entry Employment List which has no other candidates. Should multiple Police Academy Trainees become eligible for placement on the Police Officer Entry Employment List, all will be placed at the number 1 ranking, with the remainder of candidates placed below them in the manner specified in Paragraph 1 above.
4. Duration. Employment lists shall become effective upon the approval thereof by the Director and upon certification that the same were properly prepared and represent the relative ratings of the names appearing thereon. Employment lists shall remain in effect for one year and may be extended by action of the Director, after consultation with the appointing authority, for additional three-month periods, but in no event shall an employment list remain in effect for more than two years. The only exception to the one-year effective period for employment lists shall be for the positions of Public Safety Dispatcher - Entry, Public Safety Dispatcher - Lateral; Police Officer-Entry, and Police Officer - Lateral, all of which shall have an effective period of six months, with the Director’s authority to extend such lists for additional three-month periods to a maximum of one year from the date originally established. Reemployment lists shall remain in effect for a period of not less than one year and so long as the employment list for the same position remains active, provided, however, that the maximum period of entitlement for placement of an employee on a reemployment list shall be one (1) year from the date of termination. The Director shall have the authority, subject to approval by the City Manager, to invalidate and terminate an employment list due to cheating or other irregularities associated with its establishment. The Director shall also have the authority to terminate an employment list which contains less than three (3) names thereon.
5. Multiple Employment Lists. If, after consultation with the appointing authority, the Director determines that there are less than ten (10) eligible candidates on an employment list for a particular position, the Director may establish additional employment lists pursuant to this chapter. The relative ranking of eligible candidates on all valid employment lists shall be based upon the date that each such list was established by the Director, with the candidates on the list first established being ranked above candidates on the second list, regardless of score, and so on, in the order that each candidate is listed. The only exception to the sequencing of employment lists pursuant to this paragraph shall be for the positions of Public Safety Dispatcher - Entry, Public Safety Dispatcher - Lateral, Police Officer Entry, and Police Officer - Lateral, in which case the scores from multiple examinations shall be integrated into a single eligibility list, with each candidate retaining the period of entitlement to placement on the employment list established as of the date the candidate successfully completed the examination process.
6. Removal of Names from Employment List. The name of any candidate appearing on an employment list shall be removed by the Director if any of the following occur:
a. Voluntary removal.
1. If the candidate requests in writing that his or her name be removed.
b. Involuntary Removal.
1. If the candidate fails to respond to a notice of eligibility for employment consideration mailed to his or her last known address; or
2. If the candidate has been considered for appointment and rejected as a result of a background investigation, preemployment interview or psychological evaluation; or
3. If the candidate is no longer qualified for the position; or
4. If the candidate is determined to have cheated on one or more of the examinations for the position. The candidate affected shall be notified of the removal and the reasons therefor by notice mailed to candidate’s last known address. Such notice shall also include the right of the candidate to respond to such removal to the Director within ten (10) days after such notification. Such response may be made orally or in writing. Within ten (10) days after such response, the Director shall render a final decision. The names of candidates listed on a promotional basis who have either resigned or are discharged from the service of the City shall automatically be removed from any such lists.
D. Method of Filling Vacancies.
1. Types of Appointment. Vacancies may be filled by transfer, reemployment, demotion, promotion, including career ladder promotions, or by candidates certified by the Director from an employment list.
2. Order of Precedence. The order of precedence for filling vacancies shall be as follows:
a. Layoff reinstatement list.
b. Career ladder promotions, if such procedure is utilized.
c. Promotional list.
d. Reemployment list.
e. Employment list.
3. Notice to Director. Whenever a vacancy is to be filled, the department shall be notified. The director shall advise the appointing authority as to the availability of employees for reemployment, request for transfer, and of candidates on employment lists for the position.
4. Certifying Candidates from Employment Lists. When certifying eligible candidates from employment lists to the appointing authority, the Director shall include the names of the top twenty (20) listed candidates on the employment list, plus all candidates tied with the twentieth-listed candidate, in addition to the names of candidates, if any, on the re-employment list. The names of all candidates willing to accept appointment shall be certified in the order in which they appear on the employment list. In the event that there is more than one vacancy to be filled at any one time, the total number of eligible candidates certified by the Director shall be increased by the number of additional vacancies to be filled. In the case of the employment lists for the Trainee, Entry and Lateral levels of Police Officer and Firefighter, Reserve Police Officer and Volunteer Firefighter, persons who have served the City for a minimum of eighteen months, and who are certified by the Fire Chief or Chief of Police to be in good standing, and who are qualified as established under the position job description and have successfully completed the examination process for the permanent position but not placed within the top twenty positions on the list, shall also be added to the list of candidates eligible for appointment in their respective departments.
5. Appointment. After review and investigation, the appointing authority shall make appointments from among any of the candidates certified in compliance with this section, and shall immediately notify the Director of the person or persons selected; provided, however, that should an employment list be certified with less than three (3) names contained thereon the appointing authority may request a new employment list prior to appointment of any candidate. The Director shall thereupon notify the candidate selected. If the candidate accepts the appointment and reports for duty within such period of time as the appointing authority shall prescribe, and provides information and material as required by the Director, the candidate shall be deemed appointed; otherwise, the candidate shall be deemed to have declined the appointment. Any candidate not appointed and who has a higher ranking than the candidate appointed pursuant to the provisions of this subsection shall, upon request, be provided with a statement from the appointing authority describing the employment qualifications which the candidate should attempt to strengthen in order to make him or her a more desirable candidate for employment.
6. Emergency Services - Emergency Appointments. City's office of emergency services may make emergency appointments as provided in Chapter 2.68 of the Code, without regard to the provisions of this chapter.
7. Career Ladder Appointments. Notwithstanding anything herein to the contrary, the appointing authority may promote a permanent full-time employee to a higher position in such employee's job classification career ladder, as defined in the Classification Plan, without testing or regard for existing employment lists, provided that such employee meets the desired qualifications for the position, as set forth in the job description, and/or otherwise possesses such other education, training or experience that the appointing authority deems qualifying to perform the duties of such higher position.
(Res. No. 143 95-96, Res. No. 39 97-98, Res. No. 48 97-98 §§1-2, Res. No. 80 99-00, Res. 74 01-02, Res. No. 51 02-03, Res. No. 11 04-05 §§1-2, Res. No. 113-07, Res. No. 19-13)