Ala. Admin. Code r. 670-X-9-.03

Current through Register Vol. 42, No. 8, May 31, 2024

Section 670-X-9-.03 - Certifications And Appointments

(1)Types of Appointments. All vacancies in the classified service shall be filled by transfer, promotion, demotion, original appointment, reemployment, temporary appointment, emergency appointment, exceptional appointment, provisional appointment, direct appointment or conditional appointment as provided in the Act.

(2)Appointments from Eligible Lists.

(a)Request for Certification. Whenever a vacancy in a position in the classified-service is to be filled other than by transfer, demotion, direct appointment, emergency appointment or extraordinary appointment, the appointing authority shall make written request for certification of names on a form prescribed by the Director. This form shall contain a statement of the class title of the position, together with such other pertinent information as may be required by the Director. The appointing authority shall make such request a reasonable time in advance of the date the new employee is to begin work.

(b)Certification of Eligibles. When a request for certification of eligibles is received by the Director, he shall certify the highest ten eligibles on the most appropriate employment register plus the names of all those whose grades are tied with the tenth highest eligible, and if more than one vacancy is to be filled the name of one additional eligible for each additional vacancy. At the request of the appointing authority, preference in certification may be given to eligibles who have been legal residents of the State of Alabama for at least twelve months prior to the date the register was established. If it should prove impossible to locate any of the persons so certified, or if it should become known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until the correct number of persons eligible and available for appointment has been certified. The appointing authority shall select one from those certified to fill the vacancy. "An appointing officer who passes over an eligible veteran and selects a non-veteran with the same or lower rating shall file with the Director the reasons for so doing."

(3)Extraordinary Appointments.

(a)Temporary Appointments. When the service to be rendered by an appointee is for a temporary period not to exceed 104 work days, and the need of such service is important and urgent, the Director may select for such temporary service any person on the proper eligible register without regard to his standing on such register. Successive temporary appointments to the same position or of the same person shall not be made under this provision. Acceptance or refusal by an eligible of such temporary appointment shall not affect his standing on the register, nor shall a period of temporary service be counted as part of the probationary service in case of subsequent appointment to a permanent position, nor shall it confer upon him any privilege or right or promotion, transfer, or reinstatement to any position in the classified service.

(b)Emergency Appointments. When an emergency arises such that, in order to prevent loss of public property or serious inconvenience to the public, one or more persons must be immediately employed without taking time to secure certification from the Director of the names of eligible persons, an appointing authority or subordinate officer or employee designated by him may appoint any qualified person during the period of the emergency but not for a period exceeding ten days. No vacancy in a permanent position caused by a resignation of which the appointing authority has had reasonable notice shall be considered an emergency. The appointing authority or his authorized agent shall as soon as possible report to the Director any emergency appointment giving name of appointee, rate of pay, probable length of employment, nature of emergency, and nature of duties performed. Separation from service of an emergency appointee shall likewise be reported. No emergency appointment may be renewed. The Director shall have the right to make such investigation as he deems necessary to determine whether an emergency actually exists.

(c)Exceptional Appointments. Whenever there is a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, 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 the selection of some designated person of high and recognized attainments in such qualities, the Board upon recommendation of the Director may suspend the examination requirements in such case, but no suspension shall be general in its application to such place or position, and all such cases of suspension shall be reported in the annual report of the Department with the reasons for such action in each case.

(d)Provisional Appointments. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Director. If such nominee is found by the Director to have had experience and training which appear to qualify him for the position, the Director may authorize the appointment of such person to such vacancy only until an appropriate register can be established and appointment made therefrom. When the register is established, the Director will certify a certification of eligibles for the requested classification. In no event shall a provisional appointment be continued for more than 156 work days. Successive provisional appointments of the same person shall not be made. Time in service s a provisional appointment does not count toard the probationary period.

(e)Conditional Appointments. Any position to be filled due to circumstances requiring limited tenure, such as federal grant funding or substitution for an employee on extended leave without pay, can be made on a conditional basis requiring the vacating of such position by the incumbent upon expiration of the special conditions which authorized it, without further notice, process, or applicability of layoff procedures.

(f)Direct Appointment. The Director may designate certain job classes involving unskilled or semi-skilled work to which appointing authorities may make direct appointment of persons who meet the appropriately validated minimum qualifications prescribed for the designated class and the character of the work performed by these jobs is to be such as to make normal examination difficult. Observed job performance is the only practical measurement of success for these positions.

1. A person wishing to apply will submit a State application directly to a prospective appointing authority in the manner prescribed by such authority. The appointing authority will determine if the applicant meets the established minimum qualifications, and shall choose among the qualified applicants in any suitable method which the appointing authority may wish to adopt. In making such choice, the appointing authority should be aware of the necessity for preferential consideration to veterans who are equally or higher qualified than a non-veteran applicant (Section 36-26-15 ). If the non-veteran is chosen in such situations, the appointing authority shall maintain in its records a letter stating the reasons for non-selection of the veteran.

2. The direct appointment shall be transmitted to the State Personnel Department and will be accepted by the Director after verification that the appointee meets the established minimum qualifications. The appointee shall serve a probationary period in the same manner as persons appointed after certification (see Rule 670-X-10) and will obtain permanent status in the classified service if, at the end of the Probationary Period, notice is sent to the Director that the appointee will be continued in his position as required by section 36-26-21(c) of the Act.

(g) Limited Tenure. An appointing authority may request of the Director that certain job classes involving specialized training be designated as limited tenure positions. Persons that meet the appropriately validated minimum educational qualifications prescribed for the designated job class may be appointed. The duration of the limited tenure position will be established by the Director.

1. A person wishing to apply must submit a State application to the prospective appointing authority. The appointing authority will determine if the applicant meets the established minimum education requirement, and shall choose among the qualified applicants in any suitable method which the appointing authority may wish to appoint.

2. The limited tenure appointment shall be transmitted to the State Personnel Department and will be accepted by the Director after verification that the appointee meets the established minimum education requirement.

(4)Appointments to Unskilled and Custodial Positions. Any appointing authority who has under his jurisdiction positions in the classified service involving unskilled or semiskilled labor or domestic work, or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in the usual manner required by the Act, may request the Director for permission to fill such positions by appointment of persons meeting the minimum qualifications prescribed for the classes of positions in the classification plan. Prior to approval of each request for permission to use this procedure, the Director shall thoroughly investigate all circumstances and, if he approves the request, shall prescribe such administrative regulations and procedures as will ensure appointments on the basis of merit and fitness. Persons so appointed shall have no status in the classified service and shall not be entitled to any of the privileges of leave as provided in these rules for permanent employees in the state service. Wherever practicable the Director shall provide the selections in these classes to be made on some kind of competitive basis, and shall require prescribed procedures to be followed.

Ala. Admin. Code r. 670-X-9-.03

Filed September 29, 1981. Amended: Filed February 28, 1991. Amended: Filed November 25, 1998; effective December 30, 1998.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Authors: Halycon Vance Ballard, Thomas G. Flowers

Statutory Authority:Code of Ala. 1975, §§ 36-26-9, 36-26-15, 36-26-17, 36-26-18, 36-26-19.