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Code · Kentucky · Chapter 90 — City civil service

90.350 Appointments -- Promotions.

654 words·~3 min read·/ky/chapter-90/90-350

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The appointing authority shall make all civil service appointments, and the
appointments shall be made only from the lists of applicants certified to him by the
civil service commission after examination. Appointments shall be made only by
the selection of one
(1)of the three
(3)holding the highest averages in the particular
class and grade wherein the vacancy exists, except as provided in subsection
(6)of
this section.
(2)Whenever it is imperative to fill a vacancy in classified civil service before the
commission can certify a list of as many as three
(3)persons eligible for
appointment after competitive examination, the appointing authority shall nominate
a competent person from the same class or next lower rank to the commission for
noncompetitive examination, and if certified by the commission as qualified after
the noncompetitive examination he may be appointed provisionally to fill the
vacancy until an appointment can be made after competitive examination. This
provisional appointment shall continue only until a regular appointment can be
made from the eligible list prepared by the commission, which eligible list shall be
prepared within sixty
(60)days after a vacancy occurs.
(3)In case of great emergency and when no one upon the eligible list or by promotion
from a lower rank is available, an appointment may be made by the appointing
authority without examination, but in no case shall such appointment continue
longer than forty-five
(45)days, and in no case shall successive appointments be
made of the same person, or other persons, to such vacancy.
(4)Temporary appointments made necessary by reason of illness or disability of regular
employees shall continue only during such period of disability.
(5)The death of an employee shall not authorize an appointment without examination.
(6)Whenever, from any cause, there shall be a vacancy in any of the classified services,
the employee in said classification ranking next highest in seniority, if he chooses,
shall succeed to and fill said vacancy, unless upon charges made by the city that
said employee is not qualified to fill said vacancy, and after notice and upon trial to
determine his qualifications in the same manner as is now required for the
dismissal, suspension or reduction in grade or pay of an employee, it be established
by the city that said employee has not the necessary qualifications to enable him to
discharge the duties of the office or position in which the said vacancy occurs.
Provided that in case of a vacancy in the classified service, where peculiar and
exceptional qualifications of a particular professional or educational character are
required, upon satisfactory evidence that for reasons stated in writing by the
appointing authority, competitive examination in such case has failed to provide an
eligible list; the commission may suspend the provisions requiring competitive
examination under civil service.
(7)Where the service to be rendered by an appointee in the classified service is for a
temporary period, and the need of such service is imperative, the appointing
authority may select for that temporary service any person on the list of those
eligible for permanent appointment. Successive temporary appointments to the
same position shall not be made under this provision. The acceptance or refusal by
an eligible applicant of a temporary appointment shall not affect his standing on the
register for permanent employment, nor shall temporary service be counted as part
of the probationary service in case of subsequent appointment to a permanent
position.
(8)No person shall be certified by the commission from an eligible list more than four
(4)times to the same appointing authority for the same or similar position.
(9)The appointing authority may provide that all appointments for initial permanent
employment may be probationary appointments for a period of not more than
twelve
(12)months, after which probationary period regular appointments shall be
given to all probationary employees who are deemed to be satisfactory by the
respective appointing authority.
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