(A) The Mayor shall make all civil service appointments, and the appointments shall be made only from the lists of applicants certified to him by the Civil Service Commission after examination. Appointments shall be made only by the selection of one of the three holding the highest averages in the particular class and grade wherein the vacancy exists, except as provided in subsection (E) of this section.
(B) Whenever it is imperative to fill a vacancy in classified civil service before the Commission can certify a list of as many as three persons eligible for appointment after competitive examination, the Mayor shall nominate a competent person from the same class or next lower rank to the Commission for noncompetitive examination, and if certified by the Commission as qualified after the noncompetitive examination he may be appointed provisionally to fill the vacancy until an appointment can be made from the eligible list prepared by the Commission, which eligible list shall be prepared within 60 days after vacancy.
(C) In case of great emergency and when no one upon the eligible list or by promotion from a lower rank is available, an appointment may be made by the Mayor without examination, but in no case shall such appointment continue longer than 45 days, and in no case shall successive appointments be made of the same person, or other persons, to such vacancy.
(D) Temporary appointments made necessary by reason of illness or disability of regular Police or Fire Department members shall continue only during the period of disability.
(E) Whenever, from any cause, there shall be a vacancy in any of the classified services, the Police or Fire Department member in said classification ranking next highest in seniority, if he chooses, shall succeed to and fill said vacancy, unless upon charges made by the city that the member is not qualified to fill the vacancy and after notice and upon trial to determine his qualifications in the same manner as is now required for the dismissal, suspension, or reduction in grade or pay of a member under § 35.40, it is established by the city that the member has not the necessary qualifications to enable him to discharge the duties of the office or position in which the vacancy occurs. In case of a vacancy in the classified service where peculiar and exceptional qualifications of a particular professional or educational character are required, upon satisfactory evidence that for reasons stated in writing by the Mayor, competitive examination in such a case has failed to provide an eligible list, the Commission may suspend the provisions requiring competitive examination under civil service.
(F) Where the service to be rendered by an appointee in the classified service is for a temporary period, and the need of such service is imperative, the Mayor may select for that temporary service any person on the list of those eligible for permanent appointment. Successive temporary appointments to the same position shall not be made under this provision. The acceptance or refusal by an eligible applicant of a temporary appointment shall not affect his standing on the register for permanent employment, nor shall temporary service be counted as part of the probationary service in case of subsequent appointment to a permanent position.
(G) No person shall be certified by the Commission from an eligible list more than four times to the same appointing authority for the same or similar position.
(H) The Mayor may provide that all appointments for initial permanent employment may be probationary appointments for a period of not more than 12 months, after which probationary period regular appointments shall be given to all probationary Police and Fire Department members who are deemed to be satisfactory by the Mayor.
(KRS 90.350) (Ord. 16-1967, passed 5-l-67)
Cross-reference:
Positions of Police Chief, Assistant Police Chief excluded from civil service, see § 35.35(B)