2006 Ohio Revised Code - 124.30. Emergency, interim, temporary and intermittent appointments; positions requiring exceptional qualifications.

§ 124.30. Emergency, interim, temporary and intermittent appointments; positions requiring exceptional qualifications.
 

(A)  Positions in the classified service may be filled without competition as follows: 

(1) Whenever there are urgent reasons for filling a vacancy in any position 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, the nominee 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 the six-month period from the date of such provisional appointment. In the case of provisional appointees in county departments of job and family services and in the department of job and family services and department of health, if the salary is paid in whole or in part from federal funds, such eligible lists shall be prepared within six months, provided that an examination for the position must be held within the six-month period from the date of such provisional appointment. In case of an emergency, an appointment may be made without regard to the rules of sections 124.01 to 124.64 of the Revised Code, but in no case to continue longer than thirty days, and in no case shall successive appointments be made. Interim or temporary appointments, made necessary by reason of sickness, disability, or other approved leave of absence of regular officers or employees shall continue only during such period of sickness, disability, or other approved leave of absence, subject to rules to be provided for by the director. 

(2) 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 best be filled by a selection of some designated person of high and recognized attainments in such qualities, the director may suspend the provisions of sections 124.01 to 124.64 of the Revised Code, requiring competition in such case, but no suspension shall be general in its application, and all such cases of suspension shall be reported in the annual report of the director with the reasons for the suspension. The director shall suspend the provisions when the director of job and family services provides the director certification under section 5101.051 [5101.05.1] of the Revised Code that a position with the department of job and family services can best be filled if the provisions are suspended. 

(3) Where the services to be rendered by an appointee are for a temporary period, not to exceed six months, and the need of such service is important and urgent, the appointing authority may select for such temporary service any person on the proper list of those eligible for permanent appointment. Successive temporary appointments to the same position shall not be made under this division. The acceptance or refusal by an eligible of a temporary appointment shall not affect the person's standing on the register for permanent employment; nor shall the period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a permanent position. 

(B)  Persons who receive external interim, temporary, or intermittent appointments are in the unclassified civil service and serve at the pleasure of their appointing authority. Interim appointments shall be made only to fill a vacancy that results from an employee's temporary absence, but shall not be made to fill a vacancy that results because an employee receives an interim appointment. 
 

HISTORY: GC § 486-14; 103 v 698, § 14; 106 v 400; 123 v 268; Bureau of Code Revision, RC § 143.23, 10-1-53; 128 v 1049(1062) (Eff 11-2-59); 133 v S 297 (Eff 8-18-69); RC § 124.30, 135 v S 174 (Eff 12-4-73); 141 v H 428 (Eff 12-23-86); 142 v H 178 (Eff 6-24-87); 146 v S 99 (Eff 10-25-95); 147 v H 408 (Eff 10-1-97); 147 v S 144 (Eff 3-30-99); 148 v H 470. Eff 7-1-2000.
 

The effective date is set by section 10 of HB 470.