Monterey Municipal Code Art. 9 Certification and Appointment

a.The department head shall promptly notify the Human Resources Director (Ord 3385; 02/07) of any anticipated vacancy in an approved position. Following any administrative review or Council action as may be required by Section 4.06, the Human Resources Director (Ord 3385; 02/07) and department head shall determine the means to be used to fill the vacancy.

b.With the approval of the Human Resources Director (Ord 3385; 02/07), the vacancy may be filled through a transfer or voluntary demotion of an employee. If appointment is not made in this manner, the vacancy may be filled by appointment from one of the following existing employment lists in the following order.

1.Reemployment

2.Promotional

3.Reinstatement

4.Open-competitive

c.If there are three (3) or fewer eligibles on the applicable promotional and/or open list, the Human Resources Director (Ord 3385; 02/07) may:

1.Authorize appointment from among the available eligibles; or

2.Cancel the existing employment list and declare an alternate list as appropriate in accordance with Section 9.05; or

3.Cancel the existing employment list and order a new examination. The Human Resources Director (Ord 3385; 02/07) may also authorize a temporary appointment for the interim period as provided in Section 9.03.

a.When a vacancy is to be filled from either a promotional or an open-competitive list, the Human Resources Director (Ord 3385; 02/07) shall provide the department head with a list containing an appropriate number of eligibles. The number of eligibles so certified shall depend upon the number of vacancies. Their final score shall not be made available to individual eligibles.

b.Following interview and recommendation by the department head, the City Manager or designated representative may appoint from among those eligibles certified and interviewed.

a.The City Manager or designated representative may authorize temporary appointments to meet short-term employment needs such as periods of peak workload, illness, or pending the establishment of a new employment list. Such appointments may be made from an appropriate employment list, or from among other qualified persons where there is either no active list or where there are insufficient eligibles directly available for appointment.

b.The period of temporary appointments shall not exceed 1,000 hours in a fiscal year unless extended by the City Manager or designated representative.

c.Temporary employees shall not be covered by these Rules and Regulations and shall not receive any benefit other than those mandated by law. In no event shall a period of temporary appointment constitute satisfactory completion of any part of a probationary period for any classification in the Classified Service.

A vacancy may be filled by a limited-term appointment subject to the approval of the City Manager or designee. A limited-term appointment will be for a fixed term established by a written employment agreement between the City and the selected candidates, to be executed prior to appointment. The employment agreement may also cover any other relevant terms and conditions of employment for the limited-term appointment, including, but not limited to, supplemental benefits, leaves, and cancellation provisions for the limited-term appointment. Subject to any other terms imposed by an employment agreement, a limited-term appointment may be cancelled or extended at the discretion of the City Manager or designee upon the expiration of the agreed upon fixed term.

In the absence of an existing employment list for a classification in which a vacancy exists, the Human Resources Director (Ord 3385; 02/07) may authorize certifications from an active list for another classification having similar duties and employment standards. Appointments made in this manner shall be the equivalent in all respects to having appointed from a list for the classification in which the vacancy occurs.

Each applicant must attest to his or her identity and legal authority to work in the United States on an INS-9 Form, provided by the federal government. This verification must be completed as soon as possible after an offer of employment is made and in no event more than three (3) business days after an individual is hired. All offers of employment and continued employment are conditioned on furnishing satisfactory evidence of identity and legal authority to work in the United States.

Each prospective employee shall be required to complete a preemployment health questionnaire and, as determined by the City, take a preemployment medical examination after receiving an offer of employment and before beginning the first day of duty. The medical examination is provided by the City at its sole expense, unless other prior arrangements are made. An offer of employment is contingent upon successful completion of the health questionnaire and/or medical examination by the prospective employee.

Employees who are rehired following separation from City service shall be required to complete the medical examination process, as defined above.