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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.
When an emergency arises such that in order to prevent the loss of public property, serious inconvenience to the public or damaging delay to the public service, the usual procedure of requisition and certification is not suitable, an Appointing Authority may immediately appoint a qualified person or persons for service during the existence of such emergency, but not to exceed thirty (30) calendar days.
Emergency appointments, with the reasons therefor, shall be immediately reported to the Commission which reserves the right to inquire into the reality of the emergency. If no emergency is found to exist, payrolls for the salary involved may be disapproved. In no case shall the merit principle be evaded by successive emergency appointments to the same position.
Any permanent employee of the City of Toledo or Board of Health who resigns without fault or delinquency may request reinstatement within one (1) year from the date of separation to a vacancy in any classification where permanent certification was previously held, assuming that the individual continues to meet the listed requirements for such classification.
Any employee who held permanent classification as a Police Communications Specialist, Police Communications Specialist II, or Fire Communications Specialist, as of October 1, 2021 and who resigned without fault or delinquency, or who accepted a position with the Lucas County 911 Regional Council of Governments, may request reinstatement through October 31, 2022 to a vacancy in any classification within the AFSCME Local 7 Main Unit, assuming that the individual meets the listed requirements for such classification.
Any employee who held permanent classification as a Supervisor-Police Communications or Supervisor-Fire Communications, as of October 1, 2021, and who resigned without fault or delinquency, or who accepted a position with the Lucas County 911 Regional Council of Governments, may request reinstatement through October 31, 2022 to a vacancy in any classification within the AFSCME Local 2058 Main Unit, assuming that the individual meets the listed requirements for such classification.
(9-15-21)
Appointments to the rank of Deputy Chief in the Toledo Police Division only, may be made on a pro tem basis. No examination shall be conducted, nor shall an eligibility list be established for use in making such appointments. Selection of Deputy Chiefs-Pro Tem shall be at the discretion of the Chief-Police and shall be made from among Police Captains with a minimum of two years in grade.
Appointees shall serve only so long as the Chief-Police or the employee desires. Appointees shall then have a right to return to the rank of Captain. The requirements and procedures set forth in these rules for reductions in rank and voluntary demotions shall not be applicable to such returns to the rank of Captain.
Appointments may extend for indefinite periods and are not limited by the restrictions applicable to other types of temporary employment. In no case shall a pro tem appointment become permanent, despite the lack of an examination for two or more years after the appointment occurs.
So long as pro tem appointments to the rank of Deputy Chief continue, no examinations for that classification shall be conducted or eligibility lists established. Nor shall notification to the Commission be required when a vacancy in the Deputy Chief classification arises.
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