§ 14-38. Promotion.

(a)

Vacancies occurring in the classified service may be filled by the promotion of those officers and employees of a lesser class of position within the system who are otherwise qualified for the position and certified as eligible by the secretary. In filling any vacancy arising in an office or department, an appointing authority may not restrict his consideration of applicants to those individuals presently in the classified service.

(b)

Following a promotional appointment, the promoted employee shall serve a three-month probationary period in that position, at the successful completion of which the promotion shall be deemed complete. A performance evaluation shall be required for the probationary employee covered by this provision no later than 60 calendar days from the effective date of the promotion. However, promotion to certain positions requiring a specific pre-service training period will be governed by the established pre-service training period for the position. Should the appointing authority determine that the service of an employee in a position to which he was promoted is unsatisfactory within the applicable probationary period, he shall reinstate the employee to the position which he occupied immediately prior to the promotion. However, for employees who accept promotions pursuant to this subsection after July 1, 2009, if the position he occupied immediately prior to the promotion is unavailable, the employee will be placed on unpaid leave for up to 90 calendar days to allow the employee to apply for other available positions for which the employee is qualified. Unsuccessful placement in the classified service during the 90-day period will result in employment separation.

(c)

Should the promotion of any employee result in his exclusion from the classified service, he shall thereafter be entitled to reinstatement in the system at the same or equivalent position which he held immediately prior to the promotion, upon 30 calendar days' notice to the board of his desire to be reinstated in the system. Provided, however, the aforementioned notice to the board must be given no later than 60 calendar days after the date of the correspondence notifying the employee that the appointment has been terminated and/or discontinued. Additionally, this privilege shall not be granted to any employee who has been terminated from employment because of a conviction or a guilty plea to a misdemeanor involving either theft or act of moral turpitude or a felony associated with his employment with the county government. The limitations to the privilege of fallback rights shall be applied prospectively from the date of enactment, not retroactively. However, the following limitations set forth below regarding fallback rights shall be applied prospectively to employees who accept positions in the unclassified service after July 1, 2009. For such employees, fallback rights are only applicable if all of the following conditions are met:

(1)

Current position assignment in the unclassified service must have occurred immediately from classified service under the control of the same appointing authority.

(2)

Total length of service in the unclassified service is not greater than the total length of service in the classified service.

(3)

Total length of service in the unclassified service is not greater than two consecutive full terms of the appointing authority.

Equivalent classification level means a salary grade not less than the last salary grade held in the classified service. Pay rate upon fallback in the same salary grade level will not be less than the average pay of the employees in that grade under the appointing authority, but not less than the pay rate earned by the employee in the last classified service position held. Pay rate upon fallback in a higher salary grade will be determined by established rule covering initial assignment (new hire) under the existing county salary policy at the time of the fallback. Should a position at an equivalent or lesser classification level be unavailable, the employee will be placed on unpaid leave for up to 90 calendar days to allow the employee to apply for other available positions for which the employee is qualified. Unsuccessful placement in the classified service during the 90-day period will result in employment separation.

(d)

Employees who have not completed original appointment probation, including extended original appointment probation, or who are on disciplinary probation or suspension, shall not apply for positions posted as closed promotion positions.

(Code 1992, § 12-38; Priv. Acts 1971, ch. 110, § 19; Priv. Acts 1984, ch. 192, § 3; Ord. No. 293, 1-10-2005; Ord. No. 373, exh. A, 6-1-2009)