(a) Notwithstanding any other rule, regulation or ordinance to the contrary, no officer or employee of the City shall, directly or indirectly promote, appoint, assign or transfer, either temporarily or permanently, any officer or employee under his or her jurisdiction or control, to serve and/or act in a higher capacity, position, classification, grade or rank, other than in his or her regular and legal classification, when there is in existence an appropriate civil service eligible list for such higher position, classification, grade or rank as the case may be, regardless of whether such employee receives the compensation commensurate with such higher capacity position, classification, grade or rank.
(b) Any such promotion, appointment, assignment or transfer made in violation of this section, shall be considered to be made in violation of the civil service provisions of the City Charter and a fraud upon the impartial execution of the provisions thereof, and shall subject the violator thereof to an immediate forfeiture of office or employment.
(Ord. No. 2501-76. Passed 10-25-76, eff. 11-4-76)