(a)(1) Vacancies and newly created positions in the regular service shall be filled either by promotion, open-competitive, transfer, appointment, reappointment, demotion, or transfer as determined by the appointing authority.
(2)When a vacancy exists for a regular position that is not otherwise exempt from this part, the appointing authority shall inform the director of the vacancy and whether the position is a promotional or open position. The director shall then certify to the appointing authority eligible candidates from the appropriate list or, as otherwise provided, in the manner and pursuant to the procedures as set forth in the employee handbook. The appointing authority shall then make an appointment from the names certified to him or her.
(3)Vacancies in positions above the lowe
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(a)(1) Vacancies and newly created positions in the regular service shall be filled either by promotion, open-competitive, transfer, appointment, reappointment, demotion, or transfer as determined by the appointing authority.
(2)
When a vacancy exists for a regular position that is not otherwise exempt from this part, the appointing authority shall inform the director of the vacancy and whether the position is a promotional or open position. The director shall then certify to the appointing authority eligible candidates from the appropriate list or, as otherwise provided, in the manner and pursuant to the procedures as set forth in the employee handbook. The appointing authority shall then make an appointment from the names certified to him or her.
(3)
Vacancies in positions above the lowest rank in any category in the classified service shall be filled as far as practicable by the promotion of employees in the service unless otherwise determined by the appointing authority. In each case, the appointing authority, in consultation with the human resources director, shall determine whether an open-competitive or promotional examination will serve the best interests of the service in attracting well-qualified candidates. Promotions in every case must involve a definite increase in duties and responsibility. The change of an employee from a position in a class to a position in another related occupational class for which the maximum rate is higher shall be deemed a promotion.
(b)(1) Any appointment to a regular classified position, whether filled by open-competitive, promotion, appointment, or transfer, shall be subject to a probationary period.
(2)
The probationary period shall last one year from the date of appointment with no interruption in service. The probationary period may be extended for an additional six months upon recommendation by the ap-pointing authority and approval by the director.
(3) A probationary employee may be discharged without the right of appeal.
(4)
A promotional probationary employee who is demoted for unsatisfactory service may return to the position held prior to promotion, if still vacant, without the right of appeal. In the event the former position is filled, the mayor or city manager shall determine the manner in which the employee may be retained in the service, subject to the provisions governing layoffs and reductions in force in the employee handbook.
(5)
On satisfactory completion of the probationary period, an employee shall have all rights of appeal set forth in Section 45–58A–111.12 in case he or she is suspended, demoted, or terminated.
(c)(1) A demotion occurs when a regular employee’s salary is reduced to a lower pay step or the employee is moved from a position in one class to a position in another class in which the maximum step in the pay grade is lower than the employee’s former salary.
(2)
An employee may be demoted for any of the following reasons:
a.
The employee would otherwise be laid off because the current position he or she fills is being eliminated or reclassified to a different grade, there is a lack of work or funds, or another employee is returning to the position from an authorized leave.
b.
The employee does not possess the necessary qualifications to render satisfactory service in the position.
c.
The employee is removed during probation.
d.
The employee voluntarily requests the demotion.
e.
The employee is demoted as a disciplinary action.
(3)
A demotion shall be approved by the appointing authority pursuant to the procedures adopted by the city. If a non-probationary employee is demoted against his or her will, he or she may appeal to the board as provided in this part.
(d)
A transfer occurs when an appointing authority, with or without the employee’s request, assigns an employee in the regular service under his or her supervision from one position to another in the same class regardless of the shift, location, hours of work, or another consideration.
(e)
An appointing authority may assign any employee in the regular service under his or her supervision any duties as long as the duties are within the same classification. Any assignment of duties to an employee outside of the classification of the employee’s position shall be regarded as temporary and shall receive prior approval from the mayor or city manager and the director. Any transfer made pursuant to this subsection shall be made with the retention of all rights of seniority, vacation, sick leave, and overtime as the employee may have accrued.
(f)(1) The mayor or city manager may authorize the filling of a vacant position in the regular service by temporary appointment.
(2) Any candidate for temporary appointment shall meet the requirements, other than testing, for the position as described in the classification plan.
(3) Temporary appointment may be for a period of up to six months, subject to renewal by the mayor or city manager every six months.
(g) The appointing authority shall not be bound by any promotion list or eligible register to fill any vacancy for a position or role in the exempt service. Further, an appointment to the exempt service shall not confer any right of status, appeal, or any related right under this part.