§ 36-4-31 - Temporary appointment when no list available.
SECTION 36-4-31
§ 36-4-31 Temporary appointment when nolist available. – (a) Whenever it is not possible to certify the required number of eligiblepersons for appointment to a vacancy in the classified service because noappropriate list exists, the appointing authority may nominate a person to thepersonnel administrator and if the nominee is found by the personneladministrator to have had experience and education which appear to qualify himor her for the position and meets such other requirements as are established bythis chapter and the personnel rules, he or she may be temporarily appointed tofill the vacancy. All persons with temporary status who have been or who shallbe temporarily appointed to those vacancies shall serve at the pleasure of theappointing authority or until removed in accordance with other provisions ofthis chapter. The personnel administrator shall within one year of theappointment of the temporary appointee establish an appropriate list. In theevent the personnel administrator has failed or fails to establish anappropriate list within one year of a temporary appointment, the temporaryemployee shall become a provisional employee until a suitable list isestablished, at which time the appropriate merit system laws, rules, andregulations shall apply. When an appropriate list is established for a positionheld by a temporary or provisional appointee, the position shall be deemed tobe vacant for the purposes of certification and appointment, and no salary orother compensation shall be paid to any temporary or provisional appointee forservices in the position for more than fifteen (15) days after certification ofat least three (3) available eligibles from the appropriate list.
(b) Any employee who holds temporary or provisional statusfor at least twelve (12) consecutive months in the class in which he or she isserving and who takes the appropriate examination for the position shallreceive in addition to his or her test score five (5) additional points foreach year of state service, which shall be added to his or her test score,provided, however, that in no case shall an employee receive credit for morethan four (4) years of service. An employee who holds temporary provisionalstatus for at least twelve (12) consecutive months in the class in which he orshe is serving and is found to be reachable for certification to the positionhe or she holds shall be appointed to the position unless the appointingauthority certifies to the personnel administrator that the individual'sservice has been unsatisfactory.