36.240. Appointing authorities, procedure to fill vacancies--laid-off or demoted personnel given preference, when.
Appointing authorities, procedure to fill vacancies--laid-off ordemoted personnel given preference, when.
36.240. 1. Whenever an appointing authority proposes to fill one ormore vacancies in a class of positions subject to this chapter, theappointing authority shall submit to the director, as far in advance of thedesired appointment date as possible, a requisition for the certificationof eligible persons from an appropriate register. The requisition shallcontain information as required by the director. The appointing authority,subject to conditions specified in the regulations, may also designatespecial requirements of domicile or the possession of special skills. Ifthe director finds that such requirements would contribute substantially toeffective performance of the duties involved, certification may be limitedto persons on the register who meet such requirements.
2. When vacancies to be filled are in a class from which employeeshave been laid off, or demoted in lieu of layoff, certification shall belimited to previous employees until all employees of a division of serviceon the appropriate reinstatement register have been reinstated in order ofrank on the register. Thereafter, certification from reinstatement andother registers shall be in accordance with the provisions of this sectionand the regulations of the board.
3. Upon a request for certification, the director shall certify forselection the names of the top fifteen ranking available eligibles or thenames of available eligibles comprising the top ranking fifteen percent ofavailable eligibles, whichever is greater, plus such additional eligiblesas have a final rating equal to that of the last certified eligible. Uponrequest of the appointing authority, the director may also certify, foreach additional vacancy to be filled from the same certification, the nextfive ranking available eligibles plus such additional eligibles as have afinal rating equal to that of the last certified eligible.
4. If the director finds that the nature of the examination processand the type of positions involved justify alternative procedures forfilling vacancies, the board may by rule prescribe such procedures whichmay include certification by broad category of examination rating or withina specified range of scores.
5. When a position in divisions of the service subject to thischapter is limited in duration, certification may be limited to the highestranking eligible who will accept employment under such conditions. Aperson appointed to a position under such conditions shall retain his orher relative position on the register and shall be eligible forcertification to a permanent position in the regular order until theregister itself has expired. If a temporary position is limited to lessthan ninety calendar days' duration, the appointing authority may fill theposition by temporary appointment in the manner provided in section 36.270.
6. The rules shall prescribe the conditions under which the name ofan eligible who has been certified to and considered for appointment by anappointing authority but has not been appointed may be withheld fromfurther certification to such appointing authority. The eligible shall beentitled to retain his or her place on the eligible register during thelife of the register, and shall be certified in the order of his or herrank to other vacancies in the class under other appointing authorities.
7. Eligibles who are not available for appointment when offeredcertification shall be granted a waiver of certification upon theirrequest. Eligibles who do not respond within a reasonable period to anotice of certification may at the discretion of the director be droppedfrom the eligible register.
8. Any person who has obtained regular status in a class of positionssubject to subsection 1 of section 36.030 and who has resigned from stateservice in good standing or who has accepted demotion or transfer forpersonal reasons may be reemployed without competitive certification in thesame or comparable class at the discretion of the appointing authority andunder conditions specified in the regulations. Any person who hassuccessfully served at least one year in a position not subject tosubsection 1 of section 36.030, but which is subject to section 36.031, andwho has resigned from state service in good standing or who has accepteddemotion or transfer for personal reasons, may be reemployed withoutcompetitive certification in the same or comparable class at the discretionof the appointing authority and under conditions specified in theregulations, provided he or she possesses the qualifications and hassuccessfully completed a noncompetitive examination for the class involved.No one shall be reemployed pursuant to this section until reinstatement hasfirst been offered to all eligibles on the reinstatement register for theclass and division of service involved.
9. Preference in certification and appointment from promotionalregisters or registers of eligibles under conditions specified in theregulations, may be given to employees of the division of service in whichthe vacancy occurs.
(L. 1945 p. 1157 § 25, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)