§ 35.009 FILLING OF NEW OR VACANT POSITIONS; PROBATIONARY PERIOD.
   (A)   Filling positions.
      (1)   Policy. It is the policy of the city that all vacancies be filled in a uniform and consistent manner. Preference may be given to current city employees who possess the qualifications necessary to fill the vacant position and to applicants who reside within the county. When more than one current city employee applies for the same transfer or promotion, all qualifications being equal, seniority will be the deciding factor. If, in the judgment of the department head, a job cannot be filled by a promotion from within, recruitment and selection will be handled in the manner provided for in this division (A).
      (2)   Application.
         (a)   All persons seeking employment with the city shall submit a written application for that position. A form of application shall be that prescribed by the Mayor and shall be a part of the permanent file of the applicant, whether the applicant should be accepted for employment or not.
         (b)   The department heads will maintain a file of all applications for employment received by the city and shall be kept for two years, even if the persons are not hired.
         (c)   Applicants for a previous vacancy may update their applications at any time.
         (d)   The supervisor of the proposed employees may make any investigations of statements made in the application for employment deemed appropriate, and may request the assistance of the City Police Department to obtain desired information.
         (e)   Individual personnel files shall be available to city department heads and other city executives seeking personnel for their respective agencies, but otherwise shall be considered confidential and shall not be made available to persons generally.
      (3)   Interview. The supervisor of the proposed employee shall conduct a comprehensive interview of that employee.
      (4)   Special test. Applicants for jobs requiring a special skill shall be required to submit and pass those tests found necessary by the appropriate supervisor.
      (5)   References. Any references submitted by an applicant shall be investigated at the discretion of the supervisor.
      (6)   Physical examination. Physical examination of the applicant shall be deemed necessary at the discretion of the hiring supervisor, and only upon the determination by that supervisor the physical condition of the applicant is questionable.
   (B)   Probationary period.
      (1)   Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
         PROBATIONARY PERIOD. A trial working period. The PROBATIONARY PERIOD is part of the selection process, during which the employee’s work and conduct is under close observation for the purpose of determining the employee’s suitability and qualification for regular appointment to the position. The PROBATIONARY PERIOD shall extend for the first year of continuous employment.
      (2)   Rules concerning probation.
         (a)   During the probationary period, the employee’s supervisor shall observe the employee’s performance. At any time during the probationary period when the supervisor becomes satisfied that the employee is unable or unwilling to perform the duties of the position in a satisfactory manner; or the employee’s habits and dependability do not merit continuance in the employment; or when an error or misrepresentation was made in the application, the employee’s employment may be terminated.
         (b)   No matter concerning the discipline, lay-off, or termination of a probationary employee shall be subject to the grievance procedure.
         (c)   A probationary employee shall have no seniority until the total probationary period is completed.
(`81 Code, § 35.09) (Ord. 1848, passed 3-18-86)