Section 1. Certification and Appointment Process: Immediately upon receipt of a written request for certification, the Commission shall certify to the principal appointive officer in which a position in the classified service is to be filled, the names, addresses, race, sex, handicap information and rank of the ten persons standing highest on the eligible list for the class or grade to which the position belongs; provided that the Commission may certify less than ten names if ten names are not available. When less than six names are certified to a principal appointive officer, appointment from that list shall not be mandatory, and certification from a related list or a new examination may be secured.

A position must be filled by appointment of one of the ten persons certified. If more than one position is to be filled, the Commission may certify a group of names from the eligible list and the appointing authority shall appoint in the following manner:

Beginning at the top of the list, each time a selection is made it must be from one of the first ten candidates remaining on the list who is willing and able to accept consideration for the position. If no list for the position exists, names may be certified from a related list providing the qualifications are similar. If more than one vacancy is to be filled, the number of names to be certified shall be determined by the current number of vacancies.

A person certified from an eligible list more than four times to the same appointing authority for the same or similar position may be removed from further consideration. A temporary appointment shall not be counted as one such certification.

A. Certification of Municipal Facilities Workers for Permanent Positions: When an employing unit which employs Municipal Facilities Worker has a permanent vacancy in a class in which Unskilled Laborer are employed, this permanent vacancy shall be filled by the Municipal Facilities Worker of that employing unit who has the highest number of retention points, as computed in accordance with Civil Service Rule 12, at the time the requisition is filled. When an employing unit has a permanent vacancy and does not employ Municipal Facilities Workers in the classification, the three Municipal Facilities Workers with the highest number of retention points in the City will be certified.

B. Cancellation of Certification: If at any time after eligibles have been certified by the Commission, the appointing authority decides not to fill the vacancy or decides to fill the vacancy by other methods approved by the Commission, the certification shall be canceled.

C. Employment Interview and Result: Any appointing authority or his authorized representative shall be privileged to examine the application and test score(s) of applicants prior to the interview, should this be desired in determining the relative fitness of persons under consideration for appointment.

D. Appointment Date: The date on which the appointing authority signs the appointment form is the official appointment date regardless of the actual starting date of employment. All applicable benefits and service credit will be counted from the appointment date.

E. Appointments in Uniformed Fire and Police Services Resulting from Promotion: Appointments in a promoted rank within the Fire Division shall be made within ten days following certification. Appointments in a promoted rank within the Police Division shall be made within thirty days following certification.

Section 2. Types of Appointment Through Examination:

A. Permanent Appointments: Positions should be filled by permanent appointment whenever possible. However, conditions may warrant other appointments listed.

B. Provisional Appointments: Use of the provisional appointment process shall be in accordance with Sections 124.30 (A), 124.26 (B) and 124.271 of the Ohio Revised Code. Section 124.30 (A) states in part:

Whenever there are urgent reasons for filling a vacancy in the classified service and the director of administrative services is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment to such position after a competitive examination, the appointing authority may nominate a person to the director for noncompetitive examination, and if such nominee is certified by the director as qualified after such noncompetitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination; but such provisional appointment shall continue in force only until a regular appointment can be made from eligible lists prepared by the director and such eligible lists shall be prepared within six months, provided that an examination for the position must be held within said six month period from the date of such provisional appointment.

Section 124.26 (B) of the Ohio Revised Code states:

Section 124.271 of the Ohio Revised Code states in part:

C. Temporary Appointments: Whenever a department requires temporary assistance because of a special project, in need of replacement employees in lieu of employees on sick or injury leave, or temporary increase in work load, temporary appointments can be made from an appropriate eligible list, if one exists, for a period of thirty calendar days only. The acceptance or rejection by an eligible of a temporary appointment shall not affect his standing on the eligible list nor shall the period of temporary service be counted as part of the probationary service in case of subsequent permanent appointment. If an employee is off duty due to sickness or disability and a replacement is needed, a temporary appointment may be made upon receipt of a department's request and Commission approval for the duration of the leave of absence. Interim, temporary or intermittent employees serve at the pleasure of the appointing authority. If no list exists, a temporary appointment may be made from outside City Service. A statement of justification must be made to the Civil Service Commission and the appointment must be made for a specific period of time.

Section 3. Under special circumstances the following appointments may be made:

A. Emergency Appointments: An emergency appointment is an unclassified appointment to a position to meet an emergency situation, not subject to civil service law, and limited to a maximum of thirty calendar days. Such appointments with a statement of justification shall be promptly reported to the Commission which reserves the right to inquire into the reason(s) for such appointment. Consecutive emergency appointments shall not be made to the same or similar classification. Emergency service shall not be counted as a part of the probationary period. The acceptance or refusal by an eligible individual of an emergency appointment shall not affect the individual's standing on the eligible list for permanent employment. All emergency appointees must meet license or certificate requirements for the classification or position to which they are appointed.

B. Exceptional Appointments: In case of a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, managerial, professional or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can be best filled by a selection of some designated person of high and recognized attainments in such qualities, the Commission may suspend the provisions of the statute requiring competition, but no suspension shall be general in application, and all such cases of suspension shall be recorded in the minutes of the Commission with the reason stated.

C. Student Appointments: Appointing authorities may arrange with accredited colleges or universities for the appointment of students to the City and Board of Education positions without regard to the examination process, where such employment is in furtherance of their educational training. Students of the public school district may be appointed by the Board of Education as student employees to any position for which they are qualified without regard to these rules.

Section 4. Any permanent employee who was separated in good standing may be:

A. Reinstated within one year from the date of such separation to a vacancy in the same or similar classification in the same department, with the approval of the Commission, provided there is no existing promotional eligible list or other preferred list for the classification, and there are no employees who have been laid off and whose names appear on a layoff list for the class. This section is applicable unless superseded by a collective bargaining agreement. If such separation was due to injury or physical disability, such person shall be reinstated to the same or similar classification he held at the time of his separation, within thirty days after written application for reinstatement and after passing a physical examination made by the City Physician or his designee, showing that he has recovered from such disability, provided further that such application for reinstatement be filed within three years from the date of separation, and further provided that such application shall not be filed after the date of service eligibility retirement. In the case of requested reinstatements of sworn employees of the Police and Fire Divisions, a copy of the reinstatement request shall be furnished to the appropriate department head or to the Fire Chief or Police Chief as appropriate. (Sworn employees of the Police and Fire Divisions may not be reinstated above the rank of Police Officer and Fire Fighter, and must pass a physical examination disclosing that the person is physically fit to perform the duties of the office of Police Officer or Fire Fighter [Ohio Revised Code Section 125. 50]); or

B. Restored to an appropriate eligible list with the approval of the Commission within a period of one year from the date of separation. The employee will be placed on the eligible list in accordance with the grade he received if the list from which he was appointed is still in effect. In the case that the eligible list from which he was appointed has expired, or if an employee requesting to be restored to an eligible list for a classification in which they previously served did not take an examination, the employee will be placed at the bottom of the appropriate eligible list.

Section 5. Transfer within Unskilled Labor Classifications: An unskilled labor employee may be transferred within the unskilled labor classifications with the consent of the employee to be transferred, except that no employee shall be transferred while on probation. Once the employee has successfully completed probation in one unskilled labor classification, no additional probationary period shall result from transfer within the unskilled labor classifications. However, if the employee is failing probation because of a unique requirement of that class (e.g., physical strength), that would not affect his service in another unskilled labor class, the agency may, at its discretion and with the employee's written consent, be transferred or demoted to another unskilled labor class; in such cases a new probationary period shall result from the appointment.

Section 6. Interagency Transfers: An unskilled labor employee who has served the required probationary term may be so transferred from a position in one agency, with the consent of the employee to be transferred and the principal appointive officer of the agency to which the employee is to be transferred, with the approval of the Civil Service Commission. An additional probationary period is not given.

Section 7. Reassignment within a Given Class: Nothing herein shall be construed to interfere with the right of the City Manager or other appointing authorities to assign or reassign employees within a given class among the various departments under their control as deemed in the best interest of the service.