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When a requisition is received, certification will be made in accordance with established priorities. In using established eligible lists, certification of the persons standing highest on the appropriate eligible list shall be initiated. The Secretary of the Commission may provide an additional name or names as required to meet the minimum requirements of the certification formula. This procedure may be necessary if individuals originally certified are no longer interested in employment, fail to appear for an interview, decline appointment or are otherwise not available.
The number to be certified for positions shall be determined by providing three (3) names for each vacancy.
Every person who is certified but not appointed must be considered on four (4) different certifications for permanent appointment. Candidates certified from a promotion-by-nomination list shall be interviewed wherever practicable and deemed necessary.
A certification shall not be charged against persons who are within appointing range when the certification is issued to fill a position currently held by a provisional employee who has completed the prescribed probationary period and is within appointing range on the eligibility list.
In all cases, certification shall be made without regard to sex, race, color or creed, except whenever "sex" is specified in a requisition with specific reasons therefor. The Commission may, at its discretion, certify only those of the sex so specified. Selective certification may be made from an eligible list by the Civil Service Commission for reasons of business necessity relating to candidate preferences, eligibility based on funding sources and requirements, specific job requirements, shift work and other reasons as determined by the Civil Service Commission.
If there are fewer than three (3) names remaining on an appropriate eligible list, these names will be certified and the Appointing Authority may select one, or he may reject the list and a provisional appointment may be made as hereinafter provided.
In case there is no eligible list for the class of positions for which certification is requested, or if fewer than three (3) names appear on such list, the Commission may direct the certification of names from eligible lists most nearly appropriate to the positions to be filled or order a new eligibility list to be established.
In case an eligible person's name appears on more than one list, appointment to a position in one class may be considered a waiver for appointment from other eligibility lists for classes the salary of which is equal or lower.
Candidates certified from a competitive list shall be notified by the Appointing Authority or his representative informing him of the title of the position, and the department in which the vacancy exists, and the time and place for interview. If said person fails to report for the interview at the time and place designated, or fails to accept appointment to the position, the Appointing Authority shall so notify the Commission who shall thereupon certify additional names from the appropriate eligible list. Those persons who fail to report for the interview or decline appointment shall be removed from the eligible list; provided, however, such persons may appeal within ten (10) calendar days to the Commission for reinstatement on the eligible list.
A request for waiver of certification and appointment or reinstatement, specifying reasons for such request, must be filed with the Commission within three (3) work days after the eligible individual has been notified of his certification by the Civil Service office. A certification is not charged when the waiver is approved. Denial of such waiver shall cause removal from the eligible list.
Except that each eligible on a particular list if a present City of Toledo, Board of Health or Board of Education employee may receive, upon receipt of his written request, one (1) automatic waiver from certification and appointment from that eligibility list. Such request must be filed with the Commission within three (3) work days after the eligible employee has been notified of his certification by the Civil Service office. In such instance where a sufficient number of eligibles are not available for certification for a particular position due to the use of the automatic waiver, those eligible utilizing automatic waivers will again be certified in the usual manner.
The acceptance or declination of a temporary appointment shall not affect the right of the eligible to certification for permanent employment.
Appointments may be made for temporary employment without examination with the consent of the Commission in emergency cases for a period of thirty (30) calendar days. Extensions in increments of thirty (30) calendar days may be granted by the Commission, but in no case shall temporary employment exceed one hundred twenty (120) continuous calendar days, nor shall any temporary employee be reappointed to any temporary position at the expiration of the one hundred twenty (120) calendar days limitation for a period of six (6) months. A person may not be employed as a temporary employee for more than one hundred twenty (120) calendar days in any given calendar year.
Seasonal appointments may not be made to fill regularly authorized vacant positions. Seasonal appointments may be made without examination with the consent of the Appointing Authority for periods during which said seasonal employment is required.
Provisional appointments may be made in the absence of an eligible list with the consent of the Commission, but no such provisional appointment shall continue after the establishment of a suitable eligible list. Any provisional employee who does not take the examination when one is held for his classification, or who takes such examination and fails to place so as to be eligible for certification and appointment, shall be removed from the position within fifteen (15) work days after the promulgation of the eligible list covering such position, and within said time such position shall be filled by appointment from the newly established eligible list. A provisional employee has no preference in receiving a permanent appointment to the provisional classification once an eligibility list is established for the classification.
Whenever there are urgent reasons for filling a vacancy and the Commission is unable, upon requisition, to certify eligibles from a re-employment or eligible list, the Commission shall so notify the Appointing Authority, who may then nominate a person to fill the vacancy. The person so nominated shall make application on forms prescribed by the Commission and the Commission shall examine his qualifications. If qualified, the Commission shall so notify the Appointing Authority and thereupon the Appointing Authority may appoint his nominee on a provisional basis.
Notice of such appointment, with complete data for the official roster, shall be sent to the Commission by the Appointing Authority.
Such provisional appointment shall continue in force only until an appointment can be made from an eligible list which shall be prepared by the Commission in accordance with the provisions of Section 50.05. Provisional appointees shall not be appointed to permanent positions unless they are certified from the appropriate eligible list or serve as a provisional on a continuous basis for a period of two (2) years as provided in Section 60.15.
Any employee in the classified service of the City, Board of Health or Board of Education who is appointed provisionally to fill a vacancy and who remains in provisional status in the same classification for a period of two (2) years of continuous service during which period no examination is held, becomes a permanent appointee in the classified service at the conclusion of such two (2) year period.
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