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67A.270 Appointments -- Promotions -- Reinstatements.
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The appointing authority shall make all civil service appointments, and the
appointments shall be made only from the list of applicants certified by the civil
service commission after examination. Appointments shall be made only by the
selection of one (1) applicant from the list, except as provided in subsections
(6) and (7) of this section.
Whenever it is imperative to fill a vacancy in classified civil service before the
commission can certify a list of persons eligible for appointment after
competitive examination, the appointing authority shall nominate a competent
person from the same class or next lower rank to the commission and if
certified by the commission as qualified he may be appointed temporarily to fill
the vacancy until an appointment can be made after competitive examination.
Temporary appointments hereunder and under subsection (3) of this section
shall continue only until a regular appointment can be made from the eligible
list prepared by the commission.
In the circumstances described in subsection (2) of this section, when no one
upon the eligible list, or by promotion from the same class or the next lower
rank is available, competent and qualified, a temporary appointment may be
made by the appointing authority without examination. In no case shall
appointment hereunder or under subsection (2) of this section continue longer
than ninety (90) days; and in no case shall successive appointments be made
of the same person or other persons, to such vacancies, except hereunder or
under subsection (2) of this section.
Where the service to be rendered by an appointee in the classified service is
for a temporary period as provided herein, the appointing authority shall select
for that temporary service a person on the list of those eligible for permanent
appointment, if such person accepts such appointment. Successive temporary
appointments to the same position shall not be made under this provision. The
acceptance or refusal by an eligible applicant of a temporary appointment shall
not affect his standing on the register for permanent employment, nor shall
temporary service be counted as part of the probationary service in case of
subsequent appointment to a permanent position.
Temporary appointments made by reason of these provisions, made
necessary by reason of illness or disability of regular employees, may continue
during such period of disability, but shall continue only during such period of
disability and in no case longer than nine (9) months. No other temporary
appointments other than those provided for herein may be made, except that
seasonal appointments may be made for periods not in excess of six (6)
months.
Seniority, in the executive unit in which the vacancy occurs, and seniority in the
level or rank of employment nearest the level or rank in which the vacancy
occurs, shall each be given material consideration in filling such vacancies as
shall occur in the classified civil service. Within six (6) months after June 21,
1974, or within six (6) months after the effective date of the urban-county
government, there shall be established by comprehensive plan or ordinance
(which function may be delegated to the commission, or to the executive unit
charged with personnel matters subject to the control of the commission), a
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plan which in definite terms complies with this subsection. The said plan may
be amended from time to time in accordance with the comprehensive plan or
ordinance, but the effective date of any alteration therein shall be no sooner
than 180 days after its adoption. Such plan shall provide for and describe in
reasonable detail the circumstances, if any, under which the seniority
described therein shall be the sole criteria for promotion, and the
circumstances in which it will not, and in the latter case, shall provide a
reasonably definite method by which applicants shall be entitled to an increase
on their examination or evaluation scores by reason of such seniority, the
relative importance of each such type of seniority in such determination, and
the percentage increase in such scores for such seniority. The Circuit Court of
the county in which the urban-county government is located shall have
jurisdiction to determine the reasonableness of such plan and alterations
thereto, and its compliance with the principles set out in this subsection.
In case of vacancy in the classified service, where peculiar and exceptional
qualifications of a particular professional or educational character are required,
upon satisfactory evidence that for reasons stated in writing by the appointing
authority the commission may suspend the provisions requiring competitive
examination under civil service.
The legislative body may by ordinance provide that any person who
successfully completed his probationary period and subsequently ceased
working in a position in the classified civil service, for reasons other than
dismissal, may be restored to the office or position he formerly held if he so
requests in writing to the appointing authority. Such person shall be eligible for
reinstatement for a period of one (1) year following separation from the service
and shall be reinstated only with the approval of the appointing authority.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 128, sec. 2, effective June 25, 2013. -Amended 1996 Ky. Acts ch. 273, sec. 2, effective July 15, 1996. -- Amended
1978 Ky. Acts ch. 177, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts
ch. 246, sec. 7, effective June 21, 1974.
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