§ 37.101 PROVISIONAL, ACTING, EMERGENCY, TEMPORARY AND LIMITED TERM APPOINTMENTS WITHOUT EXAMINATIONS.
   As required by § 6B-4(c)(1)(iv) of the Charter of the city, there shall be:
   (A)   Acting appointments. An appointing authority, subject to the approval of the Director of Human Resources, may make an acting appointment of an employee to a position in which a temporary vacancy exists, by virtue of the temporary absence of the incumbent employee, and where it is expected that the incumbent employee will return. The acting appointee shall meet the minimum qualifications for the position;
   (B)   Provisional appointments. An appointing authority, subject to the approval of the Director of Human Resources, may make a provisional appointment of an individual who meets the minimum qualifications to a vacant position in a class for which no appropriate eligible list exists.
      (1)   Duration of provisional appointment. A provisional appointment shall expire automatically, in the case of a promotional appointment, six months or, in the case of an open competitive appointment, 12 months from the date of the appointment or within 30 days after the establishment of an eligible list, whichever is sooner, unless extended by the Director of Human Resources, as set forth below.
      (2)   Extension. The Director of Human Resources may, in his sole discretion, extend the duration of a provisional appointment by making a written request to the Civil Service Commission, stating the reasons therefore, including, but not limited to, current recruitment efforts by the city.
   (C)   Emergency appointment. When an emergency involving the serious impairment of the public business makes it impossible to fill a position in the competitive division by the normal procedure, the Mayor or other authorized person may appoint any qualified person to the position in order to prevent stoppage of public business or loss, or serious inconvenience to the public. Any such person shall be employed only during the emergency and for a period not exceeding 30 days. A vacancy of which the department head has had reasonable notice, or an employment condition of which he had, or might with due diligence have had, previous knowledge, shall not be considered an emergency under this section;
   (D)   Temporary appointments. Temporary employees shall be appointed from eligible lists, if the lists exist. If no such list exists, the Director of Human Resources may authorize the Department Head to recommend a person of his own choosing subject to the approval of the Director of Human Resources. Temporary appointments may also be made when there exists a vacancy in a permanent position because of an absence of the incumbent employee and the appointing authority has determined it will not be filled through an acting appointment. The person appointed under this section shall meet the minimum qualifications for the position and shall not be employed in the position for longer than one year;
   (E)   Credited service. Experience gained in those positions above shall receive no credit in the experience and training part of any Civil Service Examination or credit toward the minimum qualifications; and
   (F)   Limited term appointments. Vacancies created by a military leave of absence without pay shall be filled by a limited term appointment by certification from an eligible list in the same manner used for other appointments. A person holding a limited term appointment may be terminated when the person he is replacing returns to the position. If the person being replaced fails to return on the termination of his leave, the resulting vacancy shall be filled in the same manner as other vacancies.
(Ord. passed 12-22-2003; Ord. passed 3-7-2005; Ord. passed 5-6-2013)