Sec. 11-65. - Eligible or promotional list.

(a)

Generally. As soon as possible after the conclusion of an examination, the director of personnel shall prepare and keep available an appropriate eligible list for employment in or promotion within the classified service consisting of the names of persons successfully passing the examination, which names shall be arranged in order of final ratings received from the highest score down to the lowest acceptable passing score. The final rating shall be determined by the total of the scores received by each applicant for each part of the examination based upon the relative value assigned to each part of the examination previously established in the official announcement of the examination. Whenever identical final ratings are received, names shall be arranged in the order of the scores on the part or parts of the examination which were assigned the heaviest relative values, provided that when such arrangements fail to resolve a tie, the certification of eligibles shall be in accordance with subsection 11-66(c).

(b)

Effective date. Employment and promotional lists shall become effective upon approval by the hearing board, shall remain in effect for one year, and may be extended by action of the board for additional six-month periods, provided that such eligible or promotional list shall not remain in effect for a period longer than two years. Two or more employment lists for the same class of positions may be consolidated by the board in a manner fair to eligibles on both lists.

(c)

Reemployment. Permanent classified employees with a satisfactory employment record who are separated from service through no fault of their own shall be placed on appropriate employment lists in the order to be determined by the board. Permanent classified employees with a satisfactory record of service who resign their positions in good standing may, on their written request, withdraw such resignation within one year from the effective date thereof and be placed on appropriate employment lists in the same or comparable class to the one resigned. The order in which such names appear on employment lists shall be determined by the board after considering efficiency, length of service in the classified service and the circumstances involving their current separation from the city service. The eligibility of all candidates for reemployment shall expire two years from the date on which their names were placed on appropriate lists.

(d)

Removal from employment list. The name of any person appearing on an employment list may be removed by the board if the eligible person requests in writing that his name be removed or if he cannot be located by postal authorities or other means of ordinary communication or does not respond within five days following the date of notification or does not report for scheduled interviews, exams, etc. The name of any eligible person may also be removed if the eligible person has waived appointment once in the same class or position. The name of any eligible person may also be removed if the name has been certified for appointment once, has not been appointed and has been recommended in writing for removal by the appointing authority (mayor), the prospective department head, the human resources director and the affirmative action officer. The names of qualified candidates not recommended for removal would remain on the list for future consideration. Any cause specified in this division for the rejection of applications may likewise be cause for removal of the name of an eligible person from the list on which it appears.

(e)

Three plus three. The purpose of this subsection is to eliminate the overall adverse impact that sections 11-65 and 11-66 may have on the employment of minorities. It is intended to provide the appointing authority the necessary flexibility to achieve the goals of the city's affirmative action plan. It does not guarantee employment of minorities, however, it guarantees the appointing authority increased opportunity to appoint qualified minorities from an eligibility list.

(1)

This subsection may be called for and applied to any civil service classification in the city. Such action may be taken whenever the affirmative action officer and the personnel director have determined the particular classification in question has had an adverse impact on the hiring of minorities. In such cases the use of this subsection would modify the usual selection procedure to eliminate adverse impact. The use of this subsection will be in accordance and consistent with personnel utilization analyses and numerical hiring goals. The use of this subsection will provide the appointing authority safe measures to ensure affirmative action throughout the city.

(2)

When the affirmative action officer wishes to call for this subsection, the request must be submitted to the personnel hearing board as a formal request to certify an additional list of eligibles (three plus three). The request must be signed by the personnel director before being submitted to the personnel hearing board. The request will contain the following:

a.

The request that certification be made under subsection 11-65(e);

b.

The minorities that will be certified;

c.

Assurance that there is an absence of minorities located in the portion of the eligibility list that would usually be certified (adverse impact has been determined);

d.

The current affirmative action profile of the classification in question, which will include statistical data to show evidence of underutilization of minorities;

e.

The names and rank of the eligible minority candidates;

f.

The number of such positions that are authorized and funded.

(3)

This procedure will not be called for:

a.

In the absence of statistical data or reasonable evidence to show significant underutilization or adverse impact against minorities;

b.

In the presence of sufficient minority members ranked at a reachable level in the classification that is in question;

c.

When no members of the minority class are on the eligibility list;

d.

When any department or division is subject to court-ordered remedies;

e.

On promotional lists.

(4)

The responsibilities of the affirmative action officer and personnel director are as follows:

a.

The affirmative action officer is to review the city's affirmative action plan, specifically the portion relating to statistical data and numerical goals;

b.

The affirmative action officer is to review the affirmative action profile and confirm or disprove underutilization regarding the classification in question;

c.

The personnel director's responsibility will include a review and evaluation of the statistical data presented by the affirmative action officer and approve or reject use of this subsection; and this evaluation will take into consideration the attrition rate for the classification in question;

d.

When the personnel director rejects use of this subsection, he will state in writing why subsection 11-65(e) is considered inappropriate for the particular classification.

(5)

When subsection 11-65(e) is rejected, the personnel director will submit in writing his evaluation and determination on which he based the rejection of subsection 11-65(e). If implementation of subsection 11-65(e) is rejected, the affirmative action officer may appeal the rejection directly to the personnel hearing board.

(6)

The responsibilities of the personnel hearing board are as follows:

a.

To review the recommendations and evaluations of the personnel director to implement subsection 11-65(e);

b.

The personnel hearing board may request additional statistical data or evidence to justify implementation of subsection 11-65(e);

c.

The personnel hearing board may certify the names of minority candidates who appear on the eligibility list. The rank order of these names will not change. The certified list of minority candidates will reflect a number of candidates equal to the regular certified list which is two more than the number of vacancies. If there is an insufficient number of minority candidates, the minority candidates on the eligibility list will be certified;

d.

The personnel hearing board may reject the use of subsection 11-65(e). If such a rejection is made, the board will submit in writing the basis for rejection;

e.

The decision of the personnel hearing board is final;

(7)

The appointing authority shall have the right to select any certified candidate or candidates from either list to fill the available vacancies;

(8)

Subsection 11-65(e) will not apply to promotional lists.

(Rev. Ords. 1987, § 11-65; Ch. 397, § I, 7-21-06; Ch. 877, § I, 6-6-23)