A. Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto.

B. If an eligible list exists for entry or lateral-entry positions which contains the name of at least three eligibles who are willing to accept employment, the commission shall forthwith certify the names of the top 25 percent, or the top three persons, whichever is greater, for employment to the appointing authority, then the appointing authority may appoint one person so certified to the position; provided, that they are in fact found to be qualified for the position by the appointing authority. For promotional positions, the commission shall certify to the appointing authority the names of the top three persons on the list. If the appointing authority finds that the list is unsuitable or adequate names are not available for it to make an informed selection, it may request a new list be prepared. Nothing herein shall be interpreted to require the appointing authority to appoint from a list.

C. If there is no eligible list for the class, the commission shall either establish such a list as provided in this chapter or otherwise determine what list shall be deemed appropriate for such class. For entry level positions the commission shall then certify the names of the top 25 percent or three persons standing highest on the list whichever is greater and the appointing authority may appoint one person so certified to the position, providing that they are found to be qualified for the position by the appointing authority. For promotional positions, the commission shall certify the highest three names.

D. If there is an eligible list for the class which contains the names of less than three eligibles, the appointing authority may, upon being notified of such fact, elect to fill the vacancy by a provisional appointment until such time as an eligible list is prepared containing an adequate number of eligibles for it to exercise its authorities provided above, or may in the alternative, request that the commission certify the names of those remaining on the list for appointment.

E. If there is more than one position to be filled, the civil service commission shall certify from those highest on the eligible list the names of three times the number of persons necessary to fill the vacant positions or, for entry and lateral-entry positions, names equal to three times the number of vacant positions or the top 25 percent of those determined to be qualified, whichever is greater, to the appointing authority. The appointing authority may appoint one person from those certified to each of the available positions; provided, that they are in fact found to be qualified for the position by the appointing authority.

F. The name of any candidate appointed to a position shall be removed from the eligibility list. If, upon the conduct of any background or other investigation by the appointing authority, the appointing authority determines that the name of any person should be removed from the eligible list, the commission shall remove the name forthwith. If any person certified by the commission requests not to be considered for appointment, that person’s name shall be removed from the list. The commission shall then certify the next highest person on the eligible list to replace those removed.

G. To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of probationary service, during which the appointing authority may terminate the employment of the person appointed by the appointing authority, if, during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority deems such person unfit or unsatisfactory for service in the department. The civil service commission shall have the power to establish the length of time persons in the classified service must serve on probationary status; provided, that in no event shall the probationary time period established by the commission exceed one year. Upon termination of an employee within the probationary period, the appointing authority shall request the commission to certify additional persons from the eligibility list as provided herein for the position. The appointing authority shall appoint one person so certified to the vacant position; provided, that the appointing authority finds such person to in fact be qualified for the position. Upon such appointment, the person appointed shall likewise enter upon the duties of the position for a period of probationary service in the same manner as the original appointment. This process shall be repeated until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete and the employee shall achieve regular status.

H. Nothing in these provisions shall be interpreted to require the appointing authority to fill an open position. The appointing authority may in its discretion defer hiring to a later date or request the preparation of a new list if, in its sole discretion, there are no individuals on the list which the appointing authority wishes to consider for hiring. (Ord. 1554 § 2, 1994; Ord. 1380 § 1, 1990; Ord. 1247 § 1, 1987; Ord. 1190 § 1, 1985; Ord. 895 § 2, 1978).