§ 45-58A-70.18 — Filling of Vacancies and New Positions

Alabama § 45-58A-70.18

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58A: Shelby County Municipalities
• Art. 7: Helena
• Part 1: Employees

Text

(a)(1) Vacancies and newly created positions in the classified service shall be filled either by transfer, promotion, appointment, reappointment, or demotion.
(2)
When a vacancy exists for a department head, the mayor shall inform the director of the vacancy. The director shall then certify to the mayor, eligibles from the appropriate list. The mayor, with approval of the council, shall then make an appointment from the names certified to him or her within 10 days after the posting of the certification.
(3) Whenever a vacancy exists within a department of the city, the department head shall submit to the director a statement of the title of the position, and if requested by the director to do so, a statement of the duties and desired qualifications of the position. The director shall then certify to the department head from the appropriate lists. The department head shall then make an appointment from the names certified within 10 days after the posting of the certification, or shall notify the director, in writing, of the withdrawal of the requisition with the reasons for the withdrawal.
(b)
Appointments to the classified service shall be one of the following types:
(1)
An appointment to a full-time permanently budgeted position made from a certified eligible list shall be a probationary period. The probationary period shall be an integral part of the examination process, and shall be utilized to evaluate the employee’s performance on the job and for dismissing any employee who does not meet the required standards of performance. The probationary period shall be one year from the date of appointment with no interruptions in service.
a.
An employee in probationary status may be discharged without the right of appeal.
b. A promotional probationer who is demoted for unsatisfactory service may return to the position held prior to appointment, if still vacant. In the event the position is filled, the director shall determine the manner in which the employee shall be retained in the service, being closely guided by the provisions governing layoffs and reductions in force. The demoted employee may elect to separate from the service and have his or her name retained on the layoff list for the classification of the former position for a period not to exceed two years.
(2)
Employment of an eligible from an eligible list in a full-time permanently budgeted position, after the satisfactory completion of a probationary period, shall be a permanent appointment.
(3)
In the absence of an eligible list, the director, for urgent need, may authorize the filling of a vacancy by provisional appointment. Any candidate for provisional appointment shall meet educational, experience, and related requirements set by the director. A provisional appointment shall be for a period of not more than four months. No provisional appointment shall be continued for more than 10 days after the establishment of an eligible list for the class. Any provisional employee failing to qualify by examination shall be separated from the service after the appropriate eligible list is certified. The provisional appointment of an individual shall not confer on the appointee any rights of status, appeal, or related rights set forth under this part.
(4)
The appointment set forth in this subdivision may be made to fill positions of a seasonal, part-time, temporary, student, or intern nature. An appointment set forth in this subdivision shall not confer any right of status, appeal, or any related right.
a. Seasonal appointments may be granted for work which is seasonal in nature. No seasonal appointment shall extend beyond four months or the work season in question. All candidates to be considered shall meet the requirements set by the director.
b.
Part-time appointments may be granted for work which requires the service of an employee for less than the number of hours of a full-time or typical work week. Candidates for appointment shall meet the requirements set by the director.
c.
Student and intern appointments have the purpose of affording students of public administration, and other professional areas, an opportunity to gain actual work experience in the public service. The appointments are viewed as intermittent employment for a definite period of time, not to exceed six months of full-time work in any 12–month period. Candidates for appointment shall meet the requirements set by the director.
d.
Temporary appointments may be granted for positions in departments in which work loads may fluctuate and require the services of some employee on a full-time basis up to, but not over six months duration. Candidates for temporary appointments shall meet the requirements set by the director.
e.
During a war or nationally declared emergency period, the director, in the absence of any appropriate eligible list, may authorize a limited tenure appointment without examination. The appointment shall be for not longer than the duration of the war or emergency plus six months, and shall give the persons appointed no status in the classified service.
f.
An emergency, as used herein, means an unforeseen condition which is likely to cause loss of life or loss or damage to property or the stoppage of service, or serious inconvenience, to the public. Upon receipt of request from a department head citing the emergency condition, the director may authorize an emergency appointment not to exceed 30 days. The manner of appointment and rate of compensation shall be set by the director.
g.
Positions created in the classified service through federally financed public employment programs, Comprehensive Employment and Training Act, and related programs shall terminate at cessation of the federal funding and shall not confer any right of tenure or permanency to incumbents.
h.
An eligible who has been temporarily appointed or appointed to a seasonal or part-time position from an eligible register and who at the time of the appointment was a ranking eligible at the time of certification, willing to accept the appointment under the conditions and for the period stated, may be permanently appointed to the position irrespective of the number of higher ranking eligibles available only for permanent appointment. The appointment may be made only when:
1. The fact that the position would become permanent was not known to the department head at the time the temporary, part-time, or seasonal appointment was made.
2. The incumbent has worked the stipulated time period for which the initial appointment was made.
i. All permanent appointments arising out of the foregoing provisions must be approved by the director.
(c) No officer or employee of any department of the city shall make or approve any payment for personal services to any person holding a position in the classified service unless the position was filled from a certified list of eligibles approved by the director. The director may refuse to certify the payroll, voucher, or account of any ineligible person found to be performing the duties of a position.

Legislative History

(Act 92–201, p. 442, § 19.)