Hawthorne Municipal Code Ch. 2.44 Vacancies

All appointments to positions or employments in the classified service shall be made as follows:

A. All department heads shall be appointed by the city manager from promotional lists or eligible lists on file with the civil service commission in accordance with the provisions of Chapter 2.18 and Chapters 2.30 through 2.52.

B. All other employees shall be appointed by the department head of the department in which there exists a vacancy, subject to the approval of the city manager, from existing eligible lists or promotional lists on file with the civil service commission in accordance with the provisions of Chapter 2.18 and Chapters 2.30 through 2.52.

C. The city council, if it so desires, shall appoint all persons to newly created positions. If the city council declines to appoint, the appointing power shall be determined according to the provisions of subsections A and B of this section.

(Prior code § 2-395)

The city council may appoint all persons to newly created exempt positions as set forth in Section 2.32.010 of this code.

(Prior code § 2-395.1; Ord. 1069 § 5, 1974)

Whenever a vacancy in the classified service occurs, the appointing power shall make requisition to the civil service commission for certification of names of persons eligible for the position. Such requisition shall specify the department and the title, class, grade and salary of the position to be filled. The appointing officer shall also state whether the service is temporary or permanent and when service shall commence.

(Prior code § 2-396)

All vacancies, other than temporary vacancies, in the classified service shall be filled in the following order:

A. Reinstatement of employees dismissed for economy reasons;

B. Reinstatement of employees demoted because of economy reasons;

C. Transfers of persons already in the classified service;

D. Reinstatement of persons formerly employed when specially requested by the director;

E. Lateral entry;

F. From eligible or promotional lists;

G. By substitute employees in the classified service;

H. From temporary appointments.

(Ord. 1221 § 4, 1980)

The appointing power, after interview and investigation, shall make an appointment from the five highest ranking applicants, and shall immediately notify the director of the person or persons appointed. The director shall certify to the appointing power a sufficient number of names so that those certified shall exceed by four the number of vacancies to be filled. If insufficient names are available to meet this requirement, then the persons so certified, at the option of the appointing power, shall be eligible for temporary appointment before any other persons until additional eligibles can be certified after examination, but such eligible may be appointed to a probationary position at the discretion of the appointing power. All eligibles on the regular and/or lateral entry eligible list shall be interviewed and accepted or rejected by the appointing power before a new eligible list will be required.

(Ord. 1371 § 4, 1986)

The appointing power may reject any or all of the first five names certified by appearing before the commission and presenting sufficient, reasonable and desirable reasons therefor. Approval of the commission must be had before final rejection. The appointing power may not however make an appointment of anyone other than a certified eligible so long as an eligible or promotional list is in existence.

(Ord. 1371 § 6, 1986)

When an eligible certified for appointment fails to answer any inquiry of the commission relating to his or her availability for certification or to accept an offer of appointment by mail within five business days next succeeding the mailing of notice of appointment, or fails to accept an appointment within the same or next succeeding day when notified by telephone or wire, he or she shall be deemed to have declined the appointment.

If, after having accepted an appointment, the appointee fails to present him or herself for duty at the time specified by the appointing power, he or she shall, unless the time is extended by the appointing power, be deemed to have declined the appointment.

(Prior code § 2-399.1)

The civil service commission shall, at the direction of the city council, institute and conduct continuous recruitment for specified positions in Section 2.32.040 whenever it is determined to be in the best interest of the city for the purpose of efficiency and economy. Such continuous recruitment may be concurrent with regular recruitment and may include, but is not limited to, lateral entry positions. When a standard eligible list for a specified position and an eligible list established by continuous recruitment for a lateral entry position exists, the lateral entry list shall be primary. In the interest of employing the most qualified and best trained applicant, and in the interest of efficiency and economy, the appointing authority, with the concurrence of the city manager, may appoint from either list, but shall comply with Section 2.44.050.

(Ord. 1221 § 6, 1980)

At the direction of the civil service commission, the director of human resources shall cause continuous recruitment and selection for specified entry-level positions when authorized by the city council after finding by them that it is in the interests of economy and efficiency for the city. The director of human resources shall recruit, approve applications, examine and promulgate eligible candidates and place such candidates on an eligibility list, pursuant to guidelines approved by the civil service commission. All promulgated names shall be ratified by the civil service commission at their next regular meeting subsequent to the promulgation. Names appearing on a continuous recruitment and selection eligibility list shall remain in effect for six months and may be extended by action of the civil service commission for an additional six months, but in no event shall the names remain on the list for more than twelve months. Applicants failing any portion of the continuous recruitment selection exam process shall be ineligible to reexamine for one hundred eighty days. Notwithstanding the provisions of Section 2.44.050, the appointing power may make probationary appointments from the continuous recruitment and selection list, even though there may be fewer than three eligible names on the list.

(Ord. 1221 § 7, 1980; Ord. 2208 § 2, 2020)

Temporary appointments may be made of persons who do not possess the minimum standards or qualifications for office or employment, or whose applications have not been filed, or who have not been certified on an eligible list, or in the event those who are eligible are not immediately available, under the following conditions:

A. For a newly created position;

B. When an eligible or promotional list does not exist;

C. When the promotional or eligible list has fewer than three names. (The appointing power has option of making a probationary appointment in this instance pursuant to provisions of Section 2.44.050);

D. In case of an emergency, where an appointment to fill a position must be made forthwith.

(Prior code § 2-399.2)

When a vacancy occurs in a position requiring peculiar or exceptional qualifications of a scientific or professional character, whereby the skilled person is required to be licensed under the laws of the state, and upon satisfactory evidence that competition is impracticable and that the position must be filled by a person of recognized attainments, the commission may, by the affirmative vote of four members suspend competition and allow a probationary appointment by the appointing power. No suspension of competition shall be general in application to such positions, and all such cases of suspension of competition shall be reported to the city council, together with the reason therefor, for final approval.

(Prior code § 2-399.2)

If, after a competitive examination has been announced to fill a subordinate or promotional position, it is found there is not competition for the position, the commission may in its discretion give a noncompetitive examination sufficient to test the ability of the applicant to meet the minimum standards and qualifications for the position, and a probationary appointment may be made, following certification, by the appointing power in his discretion.

(Prior code § 2-399.4)

Each applicant taking the examination shall be given notice of the results thereof and, if successful, of his final earned rating and of his relative position on the employment list. Appointments may be made immediately after the final period of appeal, provided that there are no unresolved appeals pending before the commission or the director of personnel. If the order of names on the promulgated list is changed by the results of appeal, the original list shall be withdrawn and a new list promulgated in accordance with the revised results.

(Prior code § 2-399.5; Ord. 1240 § 5, 1981)

All original and promotional appointments shall be tentative and subject to a probationary period of one year, except that all such appointments to the positions of police officers and firefighters shall be for a probationary period of eighteen months. The appointing authority shall file with the city manager within two weeks before the end of the probationary period, a statement in writing to the effect that retention of such employee is or is not desired. If the employee is desired at the expiration of the probationary period, the employee's status will automatically become permanent. If the employee is not desired, the city manager shall immediately give the employee notice that his services are to be terminated at the end of two weeks.

(Ord. 1340 § 2, 1985)

The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for eliminating any probationary employee whose performance does not meet the required standards of work.

(Prior code § 2-399.7)

During the probationary period an employee may be rejected at any time by the appointing power without the right of appeal. Notification of rejection in writing shall be sent to the probationer and a copy filed with the director.

(Prior code § 2-399.8)

Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in Chapter 2.18 and Chapters 2.30 through 2.52 for positions in the classified service. If the position from which the probationer was promoted was also a probationary position, the appointing power shall have the option of returning the probationer to said position or to his last permanently held position in the classified service.

(Prior code § 2-399.9)

An appointee appointed form an eligible list and who has served in such position prior to the time that the vacancy becomes permanent shall be credited on his probationary period for his period of service. If such period of service has the period of required probation, then such probationer shall be deemed to have completed his probationary period. In the event that the period served is less than the required time, then upon the serving of the additional time required to complete the probationary period such appointee shall be deemed to have completed his probationary period.

(Prior code § 2-399.10)