The commission shall hold examinations at times deemed appropriate by the commission in order to maintain adequate certified eligible lists. The commission shall prepare and keep open to public inspection, from the returns of each examination, an eligible list of all persons whose average grade in the examination is not less than the minimum passing grade as established in Rule 4.17 and who are otherwise eligible for appointment, including those persons that would be eligible except for not meeting a specific certification requirement for appointment to a position as was approved prior to the examination by the commission. Such eligible list shall be certified by the commission to the appointing authority as a standing certified list until otherwise modified or terminated by the commission or by operation of rule or law.
Such persons shall take rank upon the eligible list in the order of their relative grades. Whenever it becomes necessary to hold a subsequent examination in order to obtain additional eligibles, the commission may consolidate existing lists for the same class by arranging the names of those eligible therein according to their grade. All those persons whose names appear on an existing list which is to be merged with a new list shall have an opportunity to compete in all subsequent examinations held with intention of merger, unless the person is disqualified pursuant to Rule 6.6.
When for any reason the commission shall hold an examination to create an eligible list for any classification while there are eligibles on any existing list for such classification and any person on such existing list takes such examination, he or she shall be given the standing on such combined list to which the higher grade received in either examination shall entitle him or her during the continuance of the first list, and thereafter he or she shall take rank in accordance with the grade received in the subsequent examination.
The term of eligibility of each list and of the names appearing thereon shall be fixed by the commission at not less than one (1) year, nor more than two (2) years. Any list that has been in effect for more than one (1) year may, at the discretion of the commission, be terminated at any time in the public interest, provided, however, that every list shall expire after being in existence for two (2) years.
In the event two (2) or more applicants receive the same mark in open competitive examination, priority in the time of filing application with the commission shall determine the order in which their names shall be placed on the eligible list; provided, that applicants eligible for veteran's preference shall receive priority in rank on the eligible list over non-veterans on the list with a rating equal to that of the veteran. Ties among veterans shall be decided by priority of filing application. For the purpose of this rule, veteran shall include those persons eligible to receive credit under Rule 4.15.1.
Separate eligible lists shall be maintained for original and promotional appointments in police and fire departments. No person may be transferred from one (1) list to the other, and appointments and promotions shall be made only from the eligible lists maintained for each department.
If at any time after the creation of an eligible list, the commission has reason to believe that any person whose name appears on such list has in any manner become disqualified for appointment because of incapacity developed subsequent to his or her examination, because of false statements made in his or her application, for failure to communicate with the commission or appointing authority, or for other just and reasonable cause as determined by the commission, such person shall be notified by regular U.S. mail, with proof of mailing required to his or her last address on file with the commission, and given an opportunity to be heard. If such person should fail to appear for such hearing, or it be established at such hearing that such eligible is disqualified or incapacitated for appointment, his or her name shall be removed from the eligible list by the commission. Notwithstanding what has been stated herein, a person that accepts appointment from an eligible list is thereafter deemed automatically removed from the list without further action of the commission.
Names may be removed from an eligible list by action of the commission for the following reasons in addition to those heretofore considered:
1) Failure to report or arrange for an interview with the appointing authority within six (6) business days after a notice to do so sent by the commission or appointing authority to the applicant's address as set forth on the application blank;
2) Failure to respond to any notice by regular U.S. mail, with proof of mailing required to his or her last address on file with the commission, from the commission or the appointing authority within six (6) business days of the date of mailing of said notice;
3) Request of the eligible;
4) Failure to accept appointment upon certification;
Each person on an eligible list shall file with the commission written notice of any change of address within six (6) business days of such address change, and failure to do so may be considered sufficient reason for not certifying his or her name to the appointing authority for future appointments.
Whenever in the judgment of the commission action is deemed advisable on account of errors or fraud in connection with any examination, a re-examination of applicants shall be ordered and the eligible list shall be amended in accordance with results of such re-examination. After an eligible list is prepared and posted it shall not be revoked except upon written notice by regular U.S. mail, with proof of mailing required to his or her last address on file with the commission, to all the eligibles.
An appointment made from an eligible list shall be considered valid even if fraud or error is discovered after the appointment has been made provided the person appointed was not involved in such fraud or error.
All applicants in the first examination shall be notified and shall be eligible to compete in the rescheduled examination without filing a separate application or the payment of an additional fee.
(Ord. 039-10. Passed 6-7-10.)