Appointments to all positions in the classified service that are not filled by promotion, transfer or reduction, as provided by the Civil Service Laws and the Rules of the Commission, shall be made only from those persons whose names are certified to the appointing authority in accordance with the Civil Service Laws and the Rules of the Commission.
(A) Number of names to be certified; appointment from other appropriate lists.
(1) (a) The appointing authority of the department in which a position in the classified service is to be filled, shall notify the Commission of that fact and the Commission shall, except as provided for in Ohio R.C. Sections 124.30 and 124.31, certify to the appointing authority the names and addresses of the ten candidates standing highest on the eligible list for the classification. The Commission may certify less than ten names if ten names are not available. When less than six names are certified to an appointing authority, appointment from that list shall not be mandatory.
(b) In the event an eligible list becomes exhausted, and until a new list can be created, or when no eligible list for such position exists, names may be certified from eligible lists which the Commission determines to be most appropriate for the group or classification in which the position to be filled is classified.
(2) If more than one vacancy is to be filled, the number of names to be certified shall be determined in the following manner.
(a) For 2 to 4 vacancies, 15 names shall be given;
(b) For 5 to 8 vacancies, 20 names shall be given;
(c) For 9 to 12 vacancies, 25 names shall be given; and
(d) For 13 to 16 vacancies, 30 names shall be given.
(B) Certification not more than four times. A person certified from an eligible list more than three times to the same appointing authority for the same or similar position, may be omitted from future certification to such appointing authority, provided that certification for a temporary appointment shall not be counted as one of such certifications.
(C) One of ten certified to be appointed (rule of ten).
(1) Upon receipt of request for certification to fill a vacancy, the Commission shall certify to the appointing authority from the eligible list, the names, addresses and grades of the ten or more persons standing highest on such list who are willing to accept consideration for that appointment type. The appointing authority shall make appointments from the certification eligible list within 30 days and shall forthwith report to the Commission the name of such appointee, the title of the position, the duties and responsibilities of same, the salary or compensation thereof, and such other information as the Commission may require in order to keep its roster.
(2) In appointing persons from the certification eligible list, the rule of ten shall be followed; that is, every time a group of ten available applicants is considered, one of said group must be appointed. Beginning at the top of the list every person who is available, but not permanently appointed, must be considered four times in a group of ten before his or her name may be dropped from further consideration. When the Commission includes additional names on a certification eligible list, the additional names may be considered for appointment only if one or more of the persons names in the original certification, is unavailable or fails to reply to notice of certification. For each person in the original certification who is unavailable or fails to reply to notice of certification, one name from the additional group may be considered for appointment. In any case, the rule of ten as defined in this section will be used in making all certified appointments.
(D) Probationary period, probationary removal or reduction.
(1) All original and promotional appointments including provisional appointments made pursuant to Ohio R.C. 124.30, shall be for a probationary period of not less than 60 days nor more than one year except original appointments to a Police Department as a police officer and originalappointments to a Fire Department as a firefighter which shall be for a probationary period of one year. No appointment or promotion is final until the appointee has satisfactorily served his or her probationary period. The probationary period of various classifications or positions in the service of the city is hereby fixed by the Commission under the provisions of Ohio R.C. 124.27 as follows: One hundred twenty calendar days for all classifications except as otherwise provided or granted by the Commission. An appointing authority may request, upon a showing of good cause, that the Commission establish a different probationary period for a specific classification.
(2) Service as a provisional employee in the same or similar classification shall be included in the probationary period. If the service of the probationary employee is unsatisfactory, he or she may be removed or reduced at any time during his or her probationary period. If the appointing authority's decision is to remove or reduce the appointee, his or her communication to the Commission shall state the reason for such decision. Any person appointed to a position in the classified service, except temporary and exceptional appointments, shall be or become forthwith a resident of the state.
(E) Restriction as to age, physical or other requirement. Any restriction for appointment from an eligible list as to age, physical or other requirements shall be made prior to and stated in the bulletin announcing the examination and no eligible list shall be restricted unless is has been announced in the examination bulletin.
(F) Provisional appointments.
(1) Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the Commission is unable to certify to the appointing authority, upon request by the latter, a list of persons eligible for appointment to such position after a competitive examination, the appointing authority may nominate a person to the Commission for non-competitive examination. If such nominee is certified by the Commission as qualified after such non-competitive examination, he or she may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination. Such provisional appointment shall continue in force only until a regular appointment can be made from eligible lists prepared by the Commission and the eligible list shall be prepared within six months, provided that an examination for the position must be held within said six-month period from the date of such provisional appointment.
(2) Any city employee who is appointed provisionally to fill a vacancy and who remains in provisional status in the same classification or classification series for a period of two years of continuous service, during which period no competitive examination is held, becomes a permanent appointee in the classified service at the conclusion of such two-year period.
(G) Temporary appointments.
(1) In case of an emergency, an appointment may be made without regard to the Civil Service Laws or the Rules of the Commission, but in no case to continue longer than 30 days, and in no case shall successive appointments be made. Interim or temporary appointments, made necessary by reason of sickness, disability or other approved leave of absence of the regular employee shall continue only during such period of sickness, disability or other approved leave of absence, subject to rules to be provided for by the Commission.
(2) Where the services to be rendered by an appointee are for a temporary period, not to exceed six months, and the need for such service is important and urgent, the appointing authority may select, for temporary service, any person on the proper list of those eligible for permanent appointment. Successive temporary appointments to the same position shall not be made under this provision.
(3) The acceptance or refusal of a temporary appointment by an eligible shall not affecthis or her standing on the eligible list for permanent appointment nor shall the period of temporary service be counted as part of the probationary service in case of subsequent appointment to a permanent position.
(4) All temporary appointments shall be promptly reported to the Commission by the appointing authority.
(H) Exceptional appointments. In case of a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impractical and that the position can best be filled by a selection of some designated person of high and recognized attainments in such qualities, the Commission may suspend the provisions of Ohio R.C. 124.01 to 124.64 requiring competition in such case, suspension of these rules shall be general in its application and all such cases of suspension shall be reported in the minutes of the Commission and in the annual report with the reasons for the suspension.
(I) Interim, temporary and intermittent appointments. Persons who receive external interim, temporary, or intermittent appointments are in the unclassified service and shall serve at the pleasure of their appointing authority. Interim appointments shall be made only to fill a vacancy that results from an employee's temporary absence, but shall not be made to fill a vacancy that results because an employee receives an interim appointment.
(J) Promotions.
(1) Vacancies in positions in the classified service shall be filled, insofar as practicable, by promotions. Promotional appointments shall be made in accordance with the provisions of Ohio R.C. 124.27 and 124.31 with the exception of those of patrol officer in the Police Department and of firefighter in the Fire Department. Promotion of patrol officer shall be made in accordance with the provisions of Ohio R.C. 124.44 and the promotion of firefighter shall be made in accordance with the provisions of Ohio R.C. 124.45 unless made pursuant to another provision of these rules.
(2) In all cases where vacancies are to be filled by promotion, the Commission shall certify to the appointing authority only the names of the three persons having the highest rating.
(K) Original appointments to the Police and Fire Departments. All original appointments to the Police Department or to the Fire Department shall be made in accordance with Ohio R.C. 124.31, 124.41, 124.42 and 124.43 and these rules.
(Ord. 2001-03, passed 1-16-01)