§ A367-17. Effect of temporary or provisional appointment on status of appointee.

A. 

Effect of temporary appointment on eligibility for permanent appointment. The acceptance by an eligible of a temporary appointment shall not affect his standing on the eligible list for a permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in the event of subsequent permanent appointment.

B. 

Provisional appointment of permanent employee. When a permanent competitive class employee is given a provisional appointment to another competitive class position in the same department or agency, the position thus vacated by him shall not be filled on other than a temporary basis pending his reinstatement thereto upon failure of his provisional appointment to mature into permanent appointment.

C. 

Successive provisional appointments. No provisional employee who has failed the examination for permanent appointment on two occasions, or refused to take such examination, shall be given another provisional appointment in the same position.

D. 

Contingent permanent appointments. A position left temporarily vacant by the leave of absence of the permanent incumbent may be filled, at the discretion of the appointing authority, by a contingent permanent appointment through the use of an open-competitive or promotion eligible list. Any person appointed on a contingent permanent basis shall have all the rights and benefits of a permanent competitive class employee subject to the following limitations:

[Added 2-14-1979; amended 10-17-1995 by Ord. No. 228-1995]

(1) 

Probationary period. All appointments under this rule shall be required to complete the probationary period for original appointment or promotion as prescribed in this rule.

(2) 

Return of incumbents. In the event of a layoff or if the permanent incumbent returns from a leave of absence, persons holding positions on a contingent permanent basis shall be displaced before any persons holding permanent status in the same title regardless of total seniority. In the event that more than one position in the same title is held by persons having contingent permanent appointments, displacement among those persons shall be based on the inverse order of their contingent permanent appointments.

(3) 

Preferred list. Upon displacement, if the contingent permanent appointee was appointed from a promotion eligible list, he/she shall be restored to his/her permanent position and have his/her name placed on a preferred eligible list for certification as a mandatory list only to the department or agency in which the contingent permanent appointment was made. If the contingent permanent appointee was appointed from an open-competitive eligible list and does not have a permanent position to return to, he/she shall have his/her name placed on a preferred eligible list for certification as a mandatory list in the civil decision in which the contingent permanent appointment was made.

(4) 

Seniority. When a contingent permanent appointment matures into a permanent appointment, the date of permanent service shall be the date of the original contingent permanent appointment.