(a)Based on the receipt of an authorized requisition from an appointing authority, the director shall certify or refer the name of eligibles from the appropriate eligible lists in the following priority and manner:
(1)First, the name of the ranking former employee of the department for each vacancy from the layoff list, if any, who shall be appointed.
(2)Second, the five ranking names of former employees of other departments for each vacancy from the layoff list, if any, shall be used.
(3)Third, the five ranking names of the employees of a department for a vacancy if, and only if, they are the ranking eligibles on the promotional list from the department in which the requisition originated, shall be used.
(4)Fourth, for each vacancy, the five ranking names of employees from other depa
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(a)
Based on the receipt of an authorized requisition from an appointing authority, the director shall certify or refer the name of eligibles from the appropriate eligible lists in the following priority and manner:
(1)
First, the name of the ranking former employee of the department for each vacancy from the layoff list, if any, who shall be appointed.
(2)
Second, the five ranking names of former employees of other departments for each vacancy from the layoff list, if any, shall be used.
(3) Third, the five ranking names of the employees of a department for a vacancy if, and only if, they are the ranking eligibles on the promotional list from the department in which the requisition originated, shall be used.
(4)
Fourth, for each vacancy, the five ranking names of employees from other departments on the promotional list, if any, shall be used.
(5)
Fifth, for each vacancy, the five ranking names of eligibles from the open-competitive list, if any, shall be used.
(6)
Sixth, in the absence of an eligible list for the class and at the discretion of the director, the names of eligibles from an appropriate or related list, if any, may be used. The five ranking names of eligibles on related lists shall be certified for each vacancy.
(7)
In general, all entry level positions to be filled from open-competitive lists shall be filled by the rule of five with one additional name for each vacancy past the first vacancy.
(8) In the event the city accepts and utilizes federal funds for the creation of public employment opportunities, the positions, when budgeted on a full-time basis for 12 months, shall be treated as any other regular position in the classified service being entitled to earn and use sick and vacation leave in the customary manner. If the applicable federal regulations controlling the use of the funds prescribe unusual or exceptional prerequisites for employment in the program, the director, subject to approval of the board, may prescribe the manner in which the position shall be filled and related conditions of employment.
(9)
In filling promotional level positions from promotional lists, the rule of five shall apply, and if more than one vacancy is to be filled, one additional eligible for each additional vacancy shall be certified.
(b) Bypassing of names on eligible lists shall be administered as follows:
(1) No employee, whether permanent or probationary, who has been suspended or otherwise disciplined shall be certified as eligible for promotion or advancement to another class or position within one year following the imposition of the penalty.
(2) Before being certified, an eligible may waive certification rights for a period not to exceed six months. A waiver request by an eligible shall be in writing stating the reasons for the request. The request shall be approved by the director, taking into consideration the needs of the service and interest of the employee. During the period for which waiver is granted, the eligible shall not be certified or considered for appointment.
(3) Any department head may request a waiver of certification of an employee from a promotional list and shall so state in writing to the employee with a copy to the director. To waive as requested, the employee shall reply to the employer in writing with a copy to the director.
(4) Except as otherwise provided in this part, no eligible shall be bypassed for certification.
(c)(1) The director shall certify the following additional eligibles: one for each eligible who, after certification, either declines appointment at the time of interview or offer of employment, or who is subsequently disqualified.
(2) An appointing authority may exercise his or her right of five eligibles who are willing to accept appointment before making the final selection for employment. However, if an appointing authority exercises this prerogative, no provisional appointment shall be authorized if more than one and less than five eligibles are available who are willing to accept employment. The reannouncement of the examination to establish a new list shall be at the discretion of the director, but shall not come later than 45 days after receipt of the request.