Section 45-37-121.15 - Appointments(a) Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment, or demotion. Whenever a vacancy in an existing position is to be filled by appointment, the appointing authority shall submit to the director a statement of the title of the position, and if requested by the director to do so, the duties of the position, and desired qualifications of the person to be appointed, and a request that the director certify to the appointing authority the names of persons eligible for appointment to the position. The director shall thereupon certify to the appointing authority the ranking eligibles, correlating to the 10 highest test scores from the appropriate register, and if more than one vacancy is to be filled, the ranking names of the next highest test score for each available vacancy or all the names on the register if there are fewer than 10. The director shall, upon the request of the appointing authority, add to any certification for the employment the name of any person who is certified by the Director of the Division of Rehabilitation Services of the State Department of Education, as being eligible for rehabilitation services, or who is certified by a physician duly licensed to practice medicine in the State of Alabama to have a permanent neurological, muscular, skeletal, or other physical impairment rendering the person unable to transport himself or herself from place to place in a normal manner without the use of transportive devices such as a wheelchair or supportive devices such as braces, crutches, or both; but the director may nevertheless not give preference in certification for employment to any handicapped person if he or she finds the person is physically or otherwise unfit to perform effectively the duties of the position in which he or she seeks employment. The personnel board shall adopt appropriate rules and regulations governing all appointments to vacancies in the classified service to the end that such rules shall comply with the law and serve the public interest. In the event that a jurisdiction accepts and utilizes federal funds for the creation of public employment opportunities, the positions when budgeted on a full time basis for 12 months, shall be treated as any other regular position in the classified service. Should the applicable federal regulations controlling the use of the funds prescribe the unusual or exceptional prerequisites for employment in the program, the director, subject to approval of the board, may prescribe the manner in which the position shall be filled and related conditions of employment. If it is impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that the additional names be certified until 10 persons eligible and available for appointment have been certified. Within 10 days after the names are certified the appointing authority shall appoint one of those whose names are certified to each vacancy which he or she is to fill. When a new position is created by the governing body the appointing authority shall notify the director of the duties of the position and the desired qualifications of the person to be appointed. If there is no appropriate eligible list from which certification can be made, the director shall establish such a list within 45 days after receipt of the request and no provisional appointment shall be authorized within that time except with the unanimous approval of the board. The appointing authority shall report to the director the name the person appointed, the effective date of appointment, and any other information as may be required. The names of the remaining eligibles certified shall be returned to the eligible list for certification to the next vacancy which may occur. The name of an eligible may be removed from the eligible list after it has been certified and refused three times. All appointments shall be made for a probationary period of 12 months. During that period the appointing authority may remove an appointee upon filing with the director, in writing, his or her reasons for the action which action shall not be reviewable. After the expiration of the probationary period the employees shall have earned permanent status subject to this section as to removals, suspensions, and changes. No persons shall be appointed pursuant to any title not appropriate to the duties of the position to which he or she is appointed except by the consent of the director. When a position to be filled involves fiduciary or financial responsibility or law enforcement, the appointing power or the board may require the applicant to furnish a reasonable bond or other security in an amount and form to be fixed by the appointing authority subject to the approval of the board provided, but when the amount and terms of the bonds are now prescribed by law, that provision of law shall remain in effect. The bond or security shall be approved by the appointing authority, kept, and conditioned as the appointing authority prescribes unless otherwise provided by law. The appointing authority in all cases not excepted or exempted pursuant to this section or the Constitution of Alabama of 1901, shall only fill positions in the county or municipalities therein, by appointment, including cases of transfer, reinstatement, promotions, and demotions, in strict accordance with this section and the rules and regulations prescribed. In the event an appointing authority fails or refuses to fill a vacancy in an existing position from a certified list of eligibles the director may refuse to certify the payroll, voucher, or account of any ineligible person found to be performing the duties of the position. When there is no eligible list from which a vacancy in an existing position may be filled, the director may certify to the appointing authority the names of all persons who have filed notice of their intention to take an examination appropriate to the position, and who after investigation appear to have had experience or training which qualify them for the position, and a provisional appointment from among the number may be made by the appointing authority pending the establishment of an eligible list. No provisional appointment shall be continued for a period of over 10 days after the establishment of an eligible list and shall not be continued for a longer period than four months. During a war emergency period, the director may, in the absence of any appropriate eligible list, authorize a limited tenure appointment without examination. The appointment shall not be for longer than the duration of the war emergency period plus six months, and shall not give persons appointed status in the classified service by reason of the duration appointment.(b) Notwithstanding any other provision of this part, when one or more vacancies in the entry-level position of police officer or firefighter is to be filled by appointment, the appointing authority may elect to have the director certify to the appointing authority the names of five different eligibles for each vacancy. The election may be accomplished by letter of the appointing authority, or by any other method as the board may reasonably adopt.Ala. Code § 45-37-121.15 (1975)
Acts 1945, No. 248, p. 376, §18; Acts 1967, No. 591, p. 1366, §4; Acts 1977, No. 677, p. 1167, §2; Acts 1977, No. 684, p. 1183, §7; Act 87-815, p. 1626, §1; Act 89-467, p. 967, 1; Act 94-564, p. 1035, §1.