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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.
(A) In the event that the City of Toledo annexes territory as provided by Ohio Revised Code Chapter 709, employees of the acquired territory affected by the annexation may be offered employment with the City of Toledo in a manner consistent with the provisions of the Ohio Revised Code, in lieu of the procedures outlined within these Rules, provided that the employees of the annexed territory are determined to be qualified by the Human Resources Department's Selection and Evaluation Section and further provided that employment of the affected persons may be conditioned upon successful passage of a criminal background test, a medical examination and such other requirements as recommended by the Director of Human Resources.
(B) In the event that the City of Toledo enters into an agreement with another political subdivision for the purpose of merging, acquiring, or consolidating services to the public, employees of the other political subdivision may be retained and placed into similar positions within the City of Toledo provided: (1) the agreement with the other political subdivision, as authorized by City Council, contemplates retention of the affected personnel; (2) the affected personnel are deemed qualified for the similar position within the City of Toledo workforce by the Human Resources Department's Selection and Evaluation Section; (3) the affected employees were hired by the other political subdivision in an impartial process that contains circumstantial guarantees of fairness; (4) that affected personnel be subject to any background checks, medical examinations and other requirements as deemed necessary by the Director of Human Resources; and, (5) that the retention and placement of employees from other political subdivisions be approved at a hearing of this body upon the recommendation of the Mayor and Director of Human Resources. In no event shall seniority of employees acquired through agreement with another political subdivision for the purpose of merging, acquiring, or consolidating services to the public be transferred for any purpose other than sick time, vacation time, or as specifically required by law. This Section shall be in lieu of any other provision of these Rules.
Transfers of permanent employees of the City of Toledo and Board of Health to positions in the same classification in the classified service may be made by the Appointing Authority as provided herein:
a. The employee must have completed one (1) year of service after the appropriate probationary period to be eligible for a transfer.
b. The employee or Appointing Authority must request the transfer in writing. The Appointing Authority may initiate transfers for the good of the service.
c. Transfer requests will be reviewed by a three-member Transfer Board consisting of the Commissioner-Civil Service, Director-Personnel and Civil Service, and a representative of the employee bargaining unit into which the transfer is being requested.
d. Upon approval by the Transfer Board, the transfer request will be placed on the appropriate transfer list and ranked by seniority.
e. One transfer movement shall be allowed within a twelve (12) month period.
f. One automatic waiver will be allowed on each transfer request.
g. Transferred employees shall serve a probationary period during which time the employer or employee may request transfer back to the former position. The probationary period shall be as provided for in the Toledo Municipal Code.
h. Modifications in this procedure may be approved by the Transfer Board for the good of the service.
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