8. Filling Vacancies
Whenever a vacancy in a Classified position occurs, unless the vacancy is to be filled by reduction, transfer, reinstatement after layoff or reinstatement after voluntary reduction, the appointing officer shall make a requisition for certification on the form prescribed by the Human Resources Director. The vacancy shall be filled whenever possible in the following order:
- By reduction
- By transfer
- By reinstatement after layoff
- By reinstatement after voluntary reduction
- By promotion
- By reinstatement after resignation and by original entrance
Appointing officers have the authority to appoint and employ, in accordance with the titles and grades in these Rules, the number of persons authorized by the City Budget in effect and approved by the Budget Director.
In the absence of an eligible list for a position requested, the Office of Human Resources may certify from higher classes to vacancies occurring in lower classes, or from the eligible list of the nearest equal or higher graded appropriate list, where the examination reasonably measures the ability of the eligible to perform the duties in the class to which certification is made. Certification from a related list as described in this paragraph shall be made only from an original entrance eligible list.
Appointing officers have the authority to appoint and to employ an employee to more than one title concurrently. However, appointment to each title must be made in accordance with all applicable Civil Service Rules. Such multiple appointments may be made only in situations where it is reasonable to expect the employee to be assigned for at least one day per calendar year in each title. Such multiple appointments must be approved by the Human Resources Director.
Employees whose positions have been reclassified in accordance with Section 25.C of these Rules shall have preference in certification to their positions from the promotional list irrespective of their standing on the list. The Director may authorize an appointing authority to promote an incumbent without further competitive examination to a classified position which has been reallocated to a different classification because of changes in job duties and responsibilities, which are not the result of planned management action. This authorization may occur only if the incumbent has performed the critical duties of the higher position for one year or more, meets the minimum qualifications, has promotion rights, and has demonstrated satisfactory performance in their position.
Vacant positions shall be filled from a promotion eligible list or from a list of promotion eligibles on an open list in the following manner: The Office of Human Resources shall certify to the appointing officer a list of eligibles which shall include the top 3 eligibles, plus the top 3 eligibles from the appointing division plus ties. If the top 3 certified eligibles are from the appointing division, no further names shall be certified.
If the top 3 certified eligibles are not from the appointing division, then the certification shall be expanded to include the required number of eligibles from the appointing division.
The term 'division' used in this paragraph shall mean 'department' in all cases where a department is not divided into divisions. For the purpose of this paragraph's provisions, the following are considered to be divisions of the Mayor's Office; Human and Civil Rights; Office of Human Resources. For the purpose of this provision, Legislative Operating shall be considered a separate department; Fire Equipment Services shall be considered a division of the Fire and Safety Services Department, the Department of Public Works shall be considered as one division, the Department of Planning and Economic Development shall be considered as one division, and the Department of Finance and Management shall be considered as one division.
Section 8.A.3 shall not apply to titles represented by the Professional Employees bargaining unit or the Professional Supervisory Employees bargaining unit.
When two or more titles are combined into a new title, the Director may authorize the appointing authority to appoint affected employees to the new title without further competitive testing as long as they have been certified to one of the titles being combined, and they meet the minimum qualifications for the new title. Seniority will be determined in accordance with Section 22 Layoff.
The Human Resources Director may conduct pilot and/or research projects designed to enhance recruitment, selection, experimental learning placements, pre-entry training programs, employee career development programs, inclusive of apprenticeship, and on-the-job training programs, referral and/or appointment processes for the filling of City positions.
The Human Resources Director, prior to taking any employment action in the above referenced pilot and/or research projects, shall obtain the approval of the Mayor and if approved, obtain the consent of the Council. Notice to the affected bargaining units shall be given and at such time, the bargaining units have the right to discuss their issues as well as present recommendations for changes in the project. Notice to the City Council will be given for review and subsequent approval/denial of the project. Written documentation shall be provided by the Human Resources Director for review prior to approval. Documentation shall include the following:
- Assurance that the proposal does not supplant existing certified employees.
- Identification of Civil Service Rules affected by the proposal, if any.
- Participants in programs will be certified, having a probationary period, involved in structured training and will be provided an out placement referral service.
- Classifications created through the proposal will be assigned to the appropriate bargaining unit as per our present policy and procedures.
- It is recognized that any affect on terms and conditions of employment are subject to negotiations.
- Pilot employment projects will be in accordance with State and Federal laws and/or regulations and the Saint Paul City Charter.
- Reference to the City Policy Objectives sought to be served by the pilot and/or research project.
Appropriate Civil Service Rules, if approved by the Mayor and City Council can be suspended for the purposes of these projects. Their suspension is limited for the time period as specified for the project. A project will not exceed a 3-year time span. An evaluation report is to be submitted to the Mayor and Council within 3-months of the end of the project.
Vacant positions shall be filled from an original entrance list in the following manner:
Vacancy Filled From An Original Entrance List
Single vacancy from a requisition shall be filled as follows:
For Lists having Twenty (20) or Fewer Eligibles
The Office of Human Resources shall certify to the appointing authority the three (3) highest scoring eligibles from the list, plus ties. In addition, the Office of Human Resources shall certify to the appointing authority the three (3) highest scoring eligibles, plus ties, in each protected-class group. The appointing authority may appoint any eligible so certified.
For Lists having More than Twenty (20) Eligibles
When underutilization or underrepresentation, as defined in Section 8.B.1.b., does not exist in any protected class, the Office of Human Resources shall certify to the appointing authority the three (3) highest scoring eligibles on the list, plus ties. In addition, the Office of Human Resources shall certify the three (3) highest scoring eligibles on the list, plus ties, from each and every protected class who are among either the top thirty-three percent (33%) or the highest scoring twenty (20) eligibles on the list, whichever will produce the greater number of protected-class eligibles. The appointing authority may appoint any eligible so certified.
When a specific job title is underutilized or when underrepresentation exists in the Saint Paul Board of Education civil service work force or City of Saint Paul's department/division work force, certification will be as follows: The Office of Human Resources shall certify to the appointing authority the three (3) highest scoring eligibles on the list, plus ties. In addition, the Office of Human Resources shall certify to the appointing authority the three (3) highest scoring eligibles, plus ties, of each and every protected class who are among the top forty-five percent (45%) of the highest scoring eligibles on the overall list. The appointing authority may appoint any eligible so certified.
Number of eligibles on a list: For purposes of determining the number of eligibles on a list, this number shall be determined at the time a new list is established and shall include only those new persons who took and passed the most recent examination and are placed on that list.
Underrepresentation: A condition that exists at any given time when the percentage of each protected-class group within the overall work force for the Saint Paul Board of Education and the departments/divisions of the City of Saint Paul are below the City's goals for each protected-class group as contained in the City's adopted Open Opportunity Program Action Plan/Affirmative Action Plan (OOPAP/AAP).
Underutilization: A condition that exists at any given time when the number of protected-class members employed in the job categories is fewer than the number of qualified protected-class members that would be reasonably expected to be employed by the availability in the relevant labor market areas, based upon census data and information as contained in the City's adopted Open Opportunity Program Action Plan/Affirmative Action Program (OOPAP/AAP).
Disabled: For the purpose of these Rules, shall be defined using the federal government's definition of a disabled person based upon the definition contained in the Americans With Disabilities Act (ADA).
Multiple Vacancies From a Single Requisition
Multiple vacancies from a single requisition shall be filled as follows:
The Office of Human Resources shall certify to the appointing authority the number of eligibles on the list necessary to fill the number of vacancies, plus two additional scorers, plus ties, in accordance with 8.B.1.a. In addition, this same number shall be certified from each protected-class group. The appointing authority may appoint any eligible so certified.
Open Opportunity Program Action Plan/Affirmative Action Plan
The City of Saint Paul shall adopt an Open Opportunity Program Action Plan/Affirmative Action Program (OOPAP/AAP).
Each City Department and Office is required to comply with all provisions and sections of the OOPAP/AAP.
The appointing officer may reject the eligibles if fewer than three entrants are listed. However, if fewer than three are certified from a promotion list for a title represented by the Professional Supervisory Employee Bargaining Unit, and if an appointment is made, the appointing officer must appoint one of the eligibles.