A. Policy Statement: It is the policy of the City to fill vacancies with qualified individuals who are able to perform job functions properly, appropriately and adequately. This policy extends to all aspects and phases of the employment life cycle, from job announcement, recruitment, hiring, performance evaluation, discipline and separation. While the City generally recruits and hires from within existing employment ranks, the City reserves the right to accept applications from non-City employees.
B. Sworn Public Safety Employees: All full-time sworn employees within the Police and Fire Departments, except the heads of the departments, Deputy Chiefs of the Fire Department and Deputy Chiefs of the Police Department, are sworn public safety employees and shall be recruited, selected and appointed pursuant to rules and regulations adopted by the Mayor and by the Chiefs of the Police and Fire Department consistent with administrative policy.
C. Merit And Sworn Public Safety Positions: The following guidelines are those the City will generally use and consider when taking action to fill a job vacancy in a merit and sworn public safety position:
1. Former employees with reinstatement rights will be considered pursuant to the reinstatement rights policy in this manual.
2. Vacant positions will be posted for a minimum of five (5) working days in the Human Resources Office and may be advertised in appropriate newspapers, professional journals, publications, and electronic bulletin boards. Announcements will also be distributed via email and may be distributed to the general public. Applications will then be accepted from current employees, as well as nonemployees, when applicable, on-line through the Human Resources Office until twelve o'clock (12:00) midnight on the closing date contained in the vacancy announcement.
3. Testing procedures applicable to job position qualifications, which serve to apply knowledge, skill and ability to demonstrate successful completion of essential job functions, and as outlined in these rules and procedures shall be conducted by the Human Resources Office, or under their direction and guidance.
4. An eligibility list shall be compiled and the top five (5) eligible candidates shall be certified by the Human Resources Office to the appointing authority for selection to the vacant position. The appointing authority may select any person on the certified eligibility list for appointment. In the event the appointing authority has less than five (5) available persons from which to make a selection and no additional names can then be certified, he/she may choose from the certified names available, may elect to postpone filling the vacancy until the names of at least five (5) available persons can be certified (including that the vacancy be opened up to non-City employees), or may fill the position by a temporary appointment. For entry level sworn police and fire vacant positions, the names of ten (10) eligible candidates shall be certified, with one additional name for each vacant position. The appointing authority may select from among any of the certified candidates to fill a vacancy in an entry level position.
5. An eligibility list shall become effective upon certification by the Human Resources Office that the list represents the relative ratings of the names appearing thereon. Eligibility lists shall remain in effect for one year unless sooner cancelled by the Human Resources Office and may be extended by the Human Resources Office for additional six (6) month periods. No list shall remain in effect for more than two (2) years. At any time during the effective term of an eligibility list, the Human Resources Office may add thereto the names of new eligible candidates. These new names shall be added and merged with the existing list in order of final ratings of those added and those already on the list.
6. Division managers of the City may make recommendation for selection to the Department Director. Subject to the terms and conditions of this hiring procedure and guideline, the Department Director shall otherwise have final authority in the hiring process. Only those applicants properly certified by the Human Resources Office will be considered for appointment.
7. Anyone who believes these procedures were not followed or who wishes to make an inquiry or raise a concern or issue about the proper and appropriate application of these procedures, may contact the Human Resources Office and file a written inquiry or protest. Any inquiry or protest by an applicant shall be filed within five (5) days from the date a hiring decision has been made, or shall not be considered.
8. After a period of not more than fourteen (14) calendar days from the date of receipt of a written inquiry or protest, the Human Resources Office shall make a written reply to the petitioner, and a copy of that reply shall be filed with the Chief Administrative Officer and the Department Director.
9. The City reserves the right to investigate any hiring procedure or process, evaluate and analyze data and information received, and otherwise modify, amend or set aside any hiring decision which violates any policy or the best interests of the City. Such investigations shall be performed as directed by the Chief Administrative Officer.
10. Prior to placement in a position and commencement of work activity for any newly hired employee, a drug and alcohol test shall be performed and completed to determine and verify fitness for duty. (See medical information and examination policy in this manual.)
D. Nonmerit, Special Employees: Nonmerit, special employees within the Mayor's Administration shall be appointed by the Mayor, subject to any advice and consent proceedings that may be required by law, except as follows:
1. The Chief Administrative Officer shall appoint Division Managers and assistants and staff to the Chief Administrative Officer.
2. A Department Director may appoint a Deputy Department Director, and a Chief within the Police or Fire Departments may appoint a Deputy Chief, upon approval of the Chief Administrative Officer.
(Adm. Order 2019-3, 3-26-2019; amd. Adm. Order 2022-4, 4-8-2022)