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HomeMy Public PortalAbout14687 Civil Service Rules and Regulations 2017ORDINANCE NO. 14687 AN ORDINANCE, repealing Ordinance No. 12480, as adopted July 12, 2007, and enacting a new Ordinance in lieu thereof, providing Rules and Regulations governing all Classified Employees of The Metropolitan St. Louis Sewer District. WHEREAS, the proposals for revised Civil Service Rules and Regulations were submitted to the unions certified to represent District employees, and discussions were held with union representatives thereafter with respect to said revised Rules and Regulations, and WHEREAS, the proposals for revised Civil Service Rules and Regulations were distributed to all District employees, and all District employees were afforded an opportunity to comment upon said revised Rules and Regulations, and WHEREAS, as provided by the Plan of the District, the Civil Service Commission prepared revised Civil Service Rules and Regulations and did, on April 20, 2017, hold a public hearing at the District offices at 2350 Market Street upon the proposed revised Civil Service Rules and Regulations, and WHEREAS, the Civil Service Commission had submitted to the Board of Trustees for adoption its approved revision, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance No. 12480, as adopted July 12, 2007, is hereby repealed. Section Two. The revised Civil Service Rules and Regulations of the Civil Service Commission are hereby adopted as governing all employees in the Classified Service. i HUMAN RESOURCES DEPARTMENT 2350 MARKET STREET ST. LOUIS, MO 63103 THE METROPOLITAN ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES AND REGULATIONS ADOPTED JUNE 8, 2017 ORDINANCE NO. 14687 PROPOSED CHANGES 2017 REVISION DATES: September 16, 1955 November 12, 1975 April 9, 1956 September 29, 1976 July 7, 1958 May 9, 1979 October 22, 1958 November 14, 1979 May 17, 1960 August 11, 1982 November 10, 1960 October 11, 1989 June 25, 1962 July 9, 1991 September 10, 1964 April 20, 1995 February 20, 1969 September 14, 1995 February 22, 1971 October 12, 2000 August 29, 1972 July 12, 2007 _____________, 2017 ii THE METROPOLITAN ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES AND REGULATIONS Table of Contents Page RULE 1 DEFINITIONS ............................................................................................................................... 1 RULE 2 GENERAL PROVISIONS........................................................................................................... 11 2.1 PURPOSE OF RULES ........................................................................................ 11 2.2 POSITIONS COVERED BY RULES ................................................................. 12 2.3 AMENDMENT OF RULES ............................................................................... 12 2.4 ADMINISTRATION OF RULES ...................................................................... 12 2.5 VALIDITY OF RULES ....................................................................................... 13 2.6 SINGULAR AND PLURAL USAGE ............................................................... 13 2.7 EFFECTIVE DATE OF RULES ......................................................................... 13 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION ............................................... 14 3.1 GENERAL PROVISIONS.................................................................................. 14 3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) .......................... 14 3.3 CIVIL SERVICE COMMISSION ...................................................................... 15 a. Appointment and Term ........................................................................ 15 b. Duties ....................................................................................................... 15 c. Officers ..................................................................................................... 16 d. Meetings .................................................................................................. 16 RULE 4 APPLICATIONS AND EXAMINATIONS .............................................................................. 17 4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION ............ 17 4.2 NOTICE OF EXAMINATIONS ....................................................................... 17 4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION ................................................................................................ 18 4.4 FILING OF APPLICATION FOR EXAMINATION ..................................... 18 4.5 DISQUALIFICATION OF APPLICANTS ...................................................... 19 4.6 CHARACTER OF EXAMINATIONS.............................................................. 21 a. Open Competitive Examinations......................................................... 21 b. Open Continuous Examinations .......................................................... 21 c. Employee Examinations........................................................................ 22 4.7 ADMINISTRATION OF EXAMINATIONS .................................................. 22 a. Establishment of Procedures ................................................................ 23 b. Use of District Employees ..................................................................... 23 c. Contracting for Examinations .............................................................. 23 4.8 RATING OF EXAMINATIONS ....................................................................... 23 a. Method of Rating and Minimum Grades ........................................... 23 b. Consideration for Lower Job Titles ..................................................... 24 c. Rating of Competence ........................................................................... 24 4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS ............................ 24 a. Notice of Examination Results ............................................................. 24 iii b. Records of Test Results; Corrections ................................................... 24 RULE 5 ELIGIBILITY LISTS ..................................................................................................................... 26 5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS ........... 26 5.2 TYPES OF ELIGIBILITY LISTS ........................................................................ 26 a. Original Appointment List ................................................................... 26 b. Employee Lists ....................................................................................... 26 c. Restoration List ....................................................................................... 27 d. Recall Lists............................................................................................... 27 5.3 CONSOLIDATION OF LISTS .......................................................................... 27 5.4 USE OF RELATED ELIGIBILITY LISTS ......................................................... 28 5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY ........................... 28 a. Original Appointment Lists ................................................................. 28 b. Employee Lists ....................................................................................... 28 c. Recall Lists............................................................................................... 29 d. Restoration Lists ..................................................................................... 29 5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS .................... 29 5.7 REMOVAL OF NAMES FROM LISTS ............................................................ 29 5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST .............................. 30 RULE 6 CERTIFICATION AND APPOINTMENT .............................................................................. 32 6.1 REQUEST TO FILL A POSITION .................................................................... 32 6.2 FILLING OF VACANCIES ............................................................................... 32 a. Appointment Through Demotion ....................................................... 32 1. Involuntary Demotion ............................................................................ 32 2. Voluntary Demotion ............................................................................... 33 b. Appointment Through Reassignment ................................................ 33 c. Appointment from Restoration Lists .................................................. 33 d. Appointment from Recall Lists ............................................................ 34 e. Appointment from Employee Lists ..................................................... 34 f. Appointment Through Transfer .......................................................... 35 1. Transfer (District Initiated) .................................................................... 35 2. Transfer (Employee Initiated) ............................................................... 35 g. Appointment Through Reinstatement ................................................ 35 h. Appointment From Original Appointment List ................................ 36 i. Appointments of Limited Duration .................................................... 37 1. Temporary Appointments ..................................................................... 37 2. Emergency Appointments ..................................................................... 37 3. Provisional Appointments ..................................................................... 38 6.3 OVERLAP OF INCUMBENTS ......................................................................... 38 6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS ............ 38 a. Order of Certification ............................................................................ 38 b. Certification From Related Lists .......................................................... 39 c. Physical Examinations ........................................................................... 39 RULE 7 PROBATIONARY PERIOD ....................................................................................................... 41 7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD ......... 41 a. Original Appointment Probation ........................................................ 41 iv b. Probation Following Promotion .......................................................... 41 c. Probation Following Demotion ........................................................... 42 d. Probation Following Transfer .............................................................. 42 e. Probation Following Reinstatement .................................................... 42 7.2 COMPUTATION OF THE PROBATIONARY PERIOD .............................. 42 7.3 EMPLOYEE EVALUATION DURING PROBATION .................................. 43 7.4 REMOVAL DURING PROBATIONARY PERIOD ....................................... 43 7.5 RETENTION OF EMPLOYEE AFTER PROBATION ................................... 44 7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER PROBATIONARY PERIOD ........................................................ 44 7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD .............................................................................. 45 7.8 PROMOTION DURING PROBATION .......................................................... 45 RULE 8 EMPLOYEE CONDUCT AND RELATIONS ......................................................................... 47 8.1 DISCRIMINATION AND FAVORITISM PROHIBITED ............................. 47 8.2 POLITICAL ACTIVITIES .................................................................................. 47 a. Political Contributions .......................................................................... 47 b. Political Speeches and Campaigning .................................................. 47 c. Political Rights of Employees ............................................................... 48 d. Partisan Political Candidacy ................................................................ 48 e. Non-Partisan Political Candidacy and Office .................................... 49 f. Authority for Opinions on Political Activity ..................................... 50 8.3 CONFLICTING EMPLOYMENT .................................................................... 50 8.4 FINANCIAL INTEREST ................................................................................... 50 8.5 RELATIVES & MEMBERS OF HOUSEHOLD .............................................. 51 8.6 ATTENDANCE AND REPORTS OF ABSENCE .......................................... 51 8.7 CHANGE OF EMPLOYEE INFORMATION ................................................ 52 8.8 MEDICAL EXAMINATIONS AND INQUIRIES .......................................... 52 RULE 9 PERFORMANCE MANAGEMENT ......................................................................................... 53 9.1 ESTABLISHMENT OF SYSTEM ...................................................................... 53 9.2 PURPOSES OF SYSTEM ................................................................................... 53 9.3 FREQUENCY OF PERFORMANCE APPRAISAL........................................ 54 a. Performance Appraisals of Regular Employees ................................ 54 b. Performance Appraisals of Probationary Employees ....................... 54 c. Performance Appraisals of Temporary Employees .......................... 54 9.4 ADMINISTRATION OF SYSTEM ................................................................... 54 RULE 10 PERSONNEL FORMS, RECORDS AND REPORTS .............................................................. 56 10.1 PERSONNEL FORMS ....................................................................................... 56 10.2 PERSONNEL RECORDS .................................................................................. 56 a. Examination Records ............................................................................. 56 b. Department Personnel Records and Reports ..................................... 56 c. Director of Human Resources Records and Reports ........................ 56 d. Availability of Personnel Records ....................................................... 57 RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION ......................... 58 11.1 SENIORITY ......................................................................................................... 58 v 11.2 LAYOFF ............................................................................................................... 58 a. When Permitted ..................................................................................... 58 b. Order of Layoff ....................................................................................... 58 c. Notice of Layoff ...................................................................................... 59 d. Position After Layoff ............................................................................. 60 11.3 DISPLACEMENT ............................................................................................... 60 a. Procedure ................................................................................................ 60 b. Failure to Meet Qualifications or Requirements ............................... 61 c. Evaluation After Displacement ............................................................ 61 11.4 RESTORATION/RECALL ............................................................................... 61 a. Procedure ................................................................................................ 61 b. Evaluation After Recall ......................................................................... 62 c. Evaluation After Restoration ................................................................ 62 11.5 DISABILITY ........................................................................................................ 63 11.6 DISCIPLINARY ACTION ................................................................................. 63 a. Types of Disciplinary Action ................................................................ 63 1. Reprimand................................................................................................ 63 2. Suspension ............................................................................................... 64 3. Demotion .................................................................................................. 64 4. Dismissal .................................................................................................. 64 b. Reasons For Which Disciplinary Action May Be Taken ................... 64 c. General Provisions ................................................................................. 68 11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION .............................................................................................................. 68 RULE 12 CLASSIFICATION PLAN ......................................................................................................... 69 12.1 EXISTING PLAN RESERVED .......................................................................... 69 12.2 ADMINISTRATION OF CLASSIFICATION PLAN..................................... 69 a. Allocation of Positions .......................................................................... 69 b. Establishment of Positions .................................................................... 70 c. Reallocation of Positions ....................................................................... 70 d. Status of Incumbent When Position is Reallocated ........................... 70 e. Review of Allocation and Reallocation ............................................... 71 12.3 JOB DESCRIPTIONS AND CLASSIFICATION ............................................ 71 a. Contents of Job Descriptions ................................................................ 71 b. Interpretation of Job Descriptions ....................................................... 72 c. Use of Job Descriptions in Allocation and Reallocation ................... 72 d. Use of Minimum Qualifications Statements ...................................... 72 12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS ........................... 73 12.5 USE OF JOB TITLES AND CODES ................................................................. 73 12.6 MAINTENANCE OF CLASSIFICATION PLAN .......................................... 73 RULE 13 COMPENSATION PLAN .......................................................................................................... 75 13.1 COMPENSATION PLAN ................................................................................. 75 13.2 BASIS OF PAY RATES ...................................................................................... 75 a. Compensation of Full-Time Employees ............................................. 75 b. Compensation of Temporary Employees ........................................... 75 vi 1. Hourly and Daily Rates of Temporary Employees ............................ 76 13.3 PAYMENT OF COMPENSATION.................................................................. 76 13.4 ENTRANCE PAY RATES ................................................................................. 77 a. Starting Rate on Initial Employment ................................................... 77 b. Starting Rate on Reinstatement ............................................................ 77 c. Starting Rate on Return from Military Leave .................................... 77 d. Starting Rate of Displacing Employees ............................................... 78 e. Starting Rate on Restoration ................................................................. 78 1. Original Position ..................................................................................... 79 2. Position Lower Than Original Position................................................ 79 f. Starting Rate on Recall .......................................................................... 80 1. Original Position ..................................................................................... 80 2. Position Lower Than Original Position................................................ 80 g. Starting Rate on Promotion .................................................................. 81 h. Rate of Pay on Transfer or Reassignment........................................... 81 i. Rate of Pay on Demotion ...................................................................... 82 j. Rate of Pay Following Unsuccessful Promotional Probationary Period ............................................................................... 82 k. Rate of Pay on Reallocation .................................................................. 82 13.5 WORKING HOURS ........................................................................................... 83 a. Regular Working Hours ........................................................................ 83 b. Overtime .................................................................................................. 83 c. Eligibility for Overtime Compensation .............................................. 84 d. Eligibility for Compensatory Time ...................................................... 84 e. Calculation of Overtime ........................................................................ 85 f. Compensation for Overtime Work ...................................................... 85 g. Reporting of Overtime Work ............................................................... 85 h. Call-Back Pay .......................................................................................... 85 i. Stand-by Pay ........................................................................................... 86 13.6 HOLIDAYS ......................................................................................................... 88 a. List of Holidays ...................................................................................... 88 b. Personal Holidays .................................................................................. 88 c. Holiday Observance .............................................................................. 89 d. Compensation for Observance of a Holiday ...................................... 89 e. Compensation for Work Performed on Holidays ............................. 89 13.7 MAINTENANCE OF COMPENSATION PLAN .......................................... 90 RULE 14 LEAVES OF ABSENCES ............................................................................................................ 92 14.1 VACATION LEAVE .......................................................................................... 92 a. General Provisions ................................................................................. 92 b. Vacation Preference ............................................................................... 92 c. Computation of Vacation Leave .......................................................... 92 1. Regular Employees ................................................................................. 93 2. Temporary Employees ........................................................................... 93 d. Vacation Leave Accrual During Military Service .............................. 94 e. Restrictions on Granting of Vacation Leave ....................................... 94 vii 1. Regularly Scheduled Vacation Leave ................................................... 94 2. Emergency Vacation Leave.................................................................... 94 3. Hourly Increment Vacation Leave ........................................................ 95 4. Vacation Leave to Supplement Workers' Compensation Benefit ................................................................................................................. 95 5. Vacation Leave Upon Exhaustion of Accrued Sick Leave ................ 96 f. Payment for Unused Vacation Leave .................................................. 96 g. Transfer of Unused Vacation Leave .................................................... 96 14.2 EDUCATIONAL LEAVE .................................................................................. 96 14.3 SICK LEAVE ....................................................................................................... 97 a. Granting of Sick Leave With Pay ......................................................... 97 b. Exclusions from Sick Leave With Pay ................................................. 97 c. Control of Sick Leave With Pay ........................................................... 98 d. Absence Due to Illness in Employee's Household ............................ 98 14.4 INJURY ON THE JOB ....................................................................................... 98 14.5 MILITARY SERVICE/RESERVE LEAVE....................................................... 99 a. With Pay .................................................................................................. 99 b. Without Pay ............................................................................................ 99 c. Physical Examination for Military Purposes ................................... 100 14.6 MILITARY LEAVE AFTER SERVICE ........................................................... 100 14.7 BEREAVEMENT LEAVE ................................................................................ 101 14.8 ABSENCE FOR VOTING ................................................................................ 102 14.9 ABSENCE FOR JURY DUTY/WITNESS PAY ............................................ 103 14.10 LEAVE WITHOUT PAY ................................................................................. 103 14.11 SPECIAL LEAVE ............................................................................................. 103 14.12 FMLA LEAVE ................................................................................................... 104 14.13 ADMINISTRATIVE LEAVE ........................................................................... 105 RULE 15 APPEALS AND INVESTIGATIONS ...................................................................................... 106 15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN RESOURCES ............................................................................. 106 a. General Provisions ............................................................................... 106 b. Procedure for Appeals from Administrative Decisions ................. 106 c. Nature of Commission Review of Administrative Decisions ....... 106 15.2 APPEALS FROM DISCIPLINARY ACTION ............................................... 107 a. General Provisions ............................................................................... 107 b. Hearing Procedure ............................................................................... 108 c. Decision of the Commission ............................................................... 110 15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF RECORDS ....................................................................... 111 15.4 INVESTIGATION BY THE COMMISSION ................................................. 112 1 RULE 1 DEFINITIONS As used in these Rules, the following terms shall have the meaning indicated below, unless the content specifies or clearly indicates another meaning. 1.1 ALLOCATION -– The assignment of an appropriate Job Title to a position based on the kind of work, duties, and responsibilities. 1.2 APPOINTING AUTHORITY -– The Executive Director or an officer or head of a department or other organizational unit to whom the Executive Director has delegated the authority to make appointments. 1.3 APPOINTMENT -– The induction of a person to a position in the classified service of the District. Appointments shall be of the following types: Recall; Restoration; Promotion; Original Appointment; Emergency Appointment; Transfer; Reassignment; Reinstatement; and Demotion. 1.4 CERTIFICATION -- The act, by the Director of Human Resources, of supplying an appointing authority with the names of applicants deemed eligible for appointment to a vacant position in the classified service. May also refer to the list of names from an eligibility list supplied to the appointing authority. 1.5 CHARTER -– The basic charter of the Metropolitan St. Louis Sewer District as adopted 2 February 9, 1954, as amended, by vote of the people under the provisions of Article VI, Section 30 (a) and (b) of the constitution of Missouri as amended. 1.6 CLASSIFICATION, JOB TITLE or TITLE -– The designation given under the Classification Plan to describe a position. 1.7 CLASSIFICATION PLAN -– The arrangement of all Job Titles in the classified service into a system of General Classes and Job Descriptions. 1.8 CLASSIFIED EMPLOYEE -- An employee occupying a position in the classified service of the District. 1.9 CLASSIFIED POSITION -- A position in the classified service. 1.10 CLASSIFIED SERVICE – All positions not specified as unclassified. 1.11 COMMISSION -– The Metropolitan St. Louis Sewer District Civil Service Commission, which is appointed by the Board. 1.12 COMPENSATION -- The salary, wages, fees, and all other forms of valuable consideration, earned or paid to any employee of the classified service by reason of service in the position, but does not include allowances for authorized and incurred expenses which are incidental to employment. 1.13 COMPENSATION PLAN -– A schedule of salaries established by ordinance as 3 Schedules A, B and C for the job titles recognized in the classification plan. 1.14 CONTINUOUS SERVICE -- The period of time between an employee's date of most recent employment as shown on the records of the District and the date to which such service with the District is being determined. Said period of time shall be reduced by the period of time of any layoff, special leave pursuant to Rule 14.11 and FMLA leave (unless substituted other leave) pursuant to Rule 14.12. In addition, if an employee is appointed by reinstatement, said period of time shall be reduced by any period of time an employee was separated from District service. 1.15 DAYS -- As used herein, unless otherwise specified, calendar days. 1.16 DEMOTION -– The change of an employee from one job title to another job title at a lower maximum rate of pay when such change is not in the nature of displacement. 1.17 DEPARTMENT -- An established major organizational unit of the District. 1.18 DISCHARGE OR DISMISSAL -- The involuntary separation of a person from employment in the District because of unsatisfactory service or conduct. 1.19 DISPLACEMENT -– The placement of an employee in lieu of layoff in a position in the employee’s general class that is in a pay grade that is equal to or lower than the position occupied by the employee. 1.20 DISTRICT -- The Metropolitan St. Louis Sewer District as established by the Charter. 4 1.21 ELIGIBILITY LIST-– Any of the lists of names of persons eligible for appointment to positions in the classified service of the District. 1.22 EMERGENCY APPOINTMENT -- The appointment of a qualified individual to a classified position when an emergency makes it necessary to immediately fill the position in order to prevent stoppage of public business or loss, hazard, or serious inconvenience to the public, and it is impossible to promptly fill such position under any other provision of these Rules. 1.23 EMPLOYEE EXAMINATION -– A competitive examination which is designed to measure the relative qualifications, comparative excellence and general fitness of employees for a particular job title in the classified service. 1.24 EMPLOYEE LIST -– A list of regular and/or original probationary employees, who are qualified for assignment to a particular job title. 1.25 EXAMINATION -– All of the tests or evaluations of fitness together that are applied to determine the relative qualifications of applicants. 1.26 EXECUTIVE DIRECTOR -– Appointed by the Board and is the Chief Executive and Administrative Officer of the District. 1.27 GENERAL CLASS -- One or more job titles which are grouped because of their related 5 educational disciplines or courses of study, fields of specialty, or nature of work or skill, but which vary in difficulty of duties and levels of responsibility, and constitute a normal line of advancement. 1.28 HEARING -– A proceeding before the Commission or its designee, held in accordance with law, for the following purposes: to hear appeals of classified employees from adverse action of dismissal, demotion, reduction in compensation, or suspension; to hear appeals of classified employees from administrative decisions of the Director of Human Resources; or to consider any other matter within the jurisdiction of the Commission. 1.29 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) -- The Chief Executive Officer of the merit system; as used in these Rules, the terms denote the staff or office of Director of Human Resources as well as the individual. 1.30 IMMEDIATE FAMILY -- An employee's spouse, children, stepchildren, grandchildren, parents, stepparents, father-in-law, mother-in-law, sister, stepsister, brother, stepbrother, grandparents, and other relatives residing within the employee's household. The District has the right to request confirmation that a current relationship exists or that relatives reside within the employee’s household. 1.31 JOB DESCRIPTION -– The written description of the duties and responsibilities of a job title and its qualification standards. 6 1.32 LAYOFF -– The removal of an employee from the classified service because of lack of work or shortage of funds or by reason of abolishment of a classified position because of reorganization within the department or District. Layoffs shall not be considered dismissals and are, therefore, not subject to the provisions of Rule 15. 1.33 MANAGEMENT COMMITTEE -- A committee selected by the Executive Director from employees holding executive unclassified positions. 1.34 OPEN COMPETITIVE EXAMINATION -- An examination open to all persons, whether employed by the District or not, who meet and comply with the prescribed requirements for admission. 1.35 OPEN CONTINUOUS EXAMINATION -- An open competitive examination having no date scheduled for termination. 1.36 ORIGINAL APPOINTMENT -- Appointment to a position in the classified service, other than by recall, restoration or reinstatement, of an applicant who is not a regular employee at the time of the appointment. 1.37 PART TIME EMPLOYEE -– A person who is employed on a biweekly basis to work less than the normal biweekly hours of the position. For any job title covered by the Memorandum of Understanding an agreement must be established between the District and the Local Union to designate that employee as part time. 7 1.38 PAY GRADE -- The appropriate salary range for designated job titles in the classification plan. 1.39 POSITION -- A group of duties and responsibilities designated to be performed by one employee and established according to these Rules. 1.40 PROBATIONARY EMPLOYEE -- A person appointed from an eligibility list who has not yet completed his/her appropriate probationary period of service. 1.41 PROBATIONARY PERIOD -- The final step in the examination process; a specified period (usually six (6) months) during which an employee is required to demonstrate through actual performance his/her fitness for a classified position. 1.42 PROMOTION -– A change in the assignment of an employee to a job title having a higher maximum salary rate when such change is not in the nature of restoration. 1.43 PROVISIONAL APPOINTMENT -- A temporary non-competitive appointment of an individual to fill a classified position, pending establishment of an eligibility list for such position. 1.44 REALLOCATION -– A change to a classified position by raising it to a higher pay grade, reducing it to a lower pay grade, or moving it to another job title at the same pay grade on the basis of a significant change in duties, authority or responsibility of the position that have been performed for a minimum of one year in duration. 8 1.45 REASSIGNMENT -– Assignment of an employee within the department under the same appointing authority from one area to another area within the same job title. 1.46 RECALL -- The appointment of an employee to a classified position from a recall list. 1.47 RECALL LIST -- A list of persons who have been regular employees in a particular job title and who have been laid off in good standing and are entitled to have their names certified for appointment to job titles in a general class for which their qualifications may be considered. 1.48 REGULAR EMPLOYEE -- An employee who has been appointed to a position in the classified service in accordance with Civil Service Rules and has successfully completed his/her original appointment probationary period. 1.49 REINSTATEMENT -– At the discretion of the Appointing Authority, the return to District service of a regular employee in accordance with regulations governing such re-employment. 1.50 RESIGNATION -- A voluntary separation which is effected by: (1) the appointing authority's acceptance of an employee's written or oral communication stating the employee's intent to leave the classified service; (2) the employee's continued absence after the exhaustion of all leave granted to and/or accrued by the employee; or (3) any other act which clearly indicates the employee's intention to leave the classified service. 9 1.51 RESTORATION -- In the case of a recalled employee occupying a position in a lower pay grade than that held prior to layoff, the placement of the employee to the job title held immediately prior to layoff or to a position in a lower job title of the same general class of that held immediately prior to layoff. In the case of an employee who has been displaced, the placement of the employee to the job title held immediately prior to displacement or to a position in a lower job title of the same general class of that held immediately prior to displacement. 1.52 RESTORATION LIST -- A list of regular employees who have either been recalled or have displaced other employees, and who are entitled to have their names certified for appointment to a classified position in the job title held immediately prior to layoff or displacement or to a position in a lower job title of the same general class of that held immediately prior to the layoff or displacement. 1.53 RETIREMENT -– A voluntary separation where a retirement benefit is payable at the time of separation in accordance with the District Pension Plan ordinances. 1.54 RULE OR RULES -- One or more of The Metropolitan St. Louis Sewer District Civil Service Rules and Regulations. 1.55 SALARY RANGE -- The spread between the minimum and maximum salary of any pay grade. 1.56 SEPARATION -– The removal of an employee from the classified service of the District 10 by dismissal, retirement, death, or resignation. 1.57 SUSPENSION -- An involuntary, unpaid leave of absence for disciplinary purposes or pending an investigation of charges made against an employee. 1.58 TEMPORARY APPOINTMENT -- An appointment of an individual from an eligibility list to an approved position which is limited in duration. 1.59 TRANSFER -– Assignment of an employee from a classified position to a different classified position with the same pay grade. 1.60 UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by the Charter, ordinance or Rules from the classified service. 1.61 UNCLASSIFIED POSITION -- A position in the unclassified service. 11 RULE 2 GENERAL PROVISIONS 2.1 PURPOSE OF RULES It is the purpose of these Rules to give effect to the intent and requirements of the Personnel Provisions of the Charter. These Rules shall be applied in accordance with the intent of the Charter which is interpreted and declared to be as follows: (1) To establish for employees in the classified service a modern system of personnel administration based on merit principles and designed for efficient administration and which will support the District's role as an equal opportunity employer. (2) To govern the appointment, promotion, transfer, layoff, separation and discipline of employees in the classified service, and other District employment transactions on the basis of merit and fitness. (3) To maintain a uniform classification plan based upon relative duties, level of difficulty and responsibility, and qualifications required of positions in the classified service. (4) To administer a Compensation Plan, with due consideration given the interest of both employee and taxpayer, which is based on the principle of equal pay for substantially equal work and which will insure compensation proportionate to 12 the difficulty, responsibility and qualification requirements of the work performed. 2.2 POSITIONS COVERED BY RULES These Rules shall apply to all positions in the classified service as defined in these Rules. 2.3 AMENDMENT OF RULES The Commission shall hold a public hearing on proposed amendments to the Rules recommended by the Director of Human Resources or by the Commission in accordance with the Personnel Provisions of the Charter. After such hearing, the Commission shall approve, modify and approve, or reject the proposed amendments wholly or in part. Amendments approved by the Commission shall then be submitted to the Board and shall become effective when adopted by ordinance. 2.4 ADMINISTRATION OF RULES The Director of Human Resources is charged with the responsibility for the administration of the Rules. Administrative regulations prescribing the detailed procedure for the administration of the Rules shall be established, amended or rescinded by the Director of Human Resources after consultation with the Executive Director, with the approval of the Commission. 13 2.5 VALIDITY OF RULES If any part of the ordinance adopting these Rules or subsequent amendments thereto is held to be invalid by competent authority, every other part not so held shall continue in full force and effect as if the invalid part had not been included. 2.6 SINGULAR AND PLURAL USAGE As used in these Rules, the singular shall include the plural, and the plural shall include the singular. 2.7 EFFECTIVE DATE OF RULES The Rules and Amendments herein shall become effective upon the effective date of the appropriate ordinance. 14 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION 3.1 GENERAL PROVISIONS Final authority for all personnel administration shall rest with the Executive Director of the District, except as otherwise provided by the Charter. He/she shall appoint and, when necessary for the good of the service, remove all officers and employees of the District, except as otherwise provided in the Charter, and except as he/she may authorize the head of a department or office to appoint subordinates in such department or office, subject to the Personnel Provisions of the Charter. 3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) The Director of Human Resources shall: (1) Hold examinations for all appointments in the classified service, establish eligibility lists, and certify names from eligibility lists to appointing authorities for filling vacancies in said service. (2) Report annually to the Commission regarding the operation of the Personnel Provisions of the Charter. (3) Prepare and recommend to the Commission such rules as he/she may consider appropriate to carry out the Personnel Provisions of the Charter. (4) Advise, assist, and cooperate in fostering the interest of institutions of learning 15 and civic, professional, and employee organizations in the improvement of personnel standards and conditions in the District. (5) Perform such other duties with reference to personnel administration as may be required by ordinance or the Executive Director. 3.3 CIVIL SERVICE COMMISSION a. Appointment and Term Civil Service Commission - - Appointment - - Term. There shall be a Civil Service Commission of three members, who shall be appointed by the Board. Members shall have the same qualifications as required for Trustees, except that no member shall be a Trustee under the Charter. Members shall be persons who are known to be in sympathy with the application of merit principles to public employment. Members shall be appointed for a term of three years. Vacancies shall be filled by the Board for the unexpired term. b. Duties Civil Service Commission -- Duties -- The Civil Service Commission shall: 1. Advise the Board, Executive Director, and Director of Human Resources on problems concerning personnel administration. 2. Make any investigation which it may consider desirable concerning 16 personnel administration in the District service, and report to the Board at least once a year its findings, conclusions, and recommendations. 3. Recommend Civil Service Rules and revisions to the Civil Service Rules to the Board. 4. Hear appeals from disciplinary action, administrative actions and other matters within the jurisdiction of the Commission. 5. Advise, assist, and cooperate in fostering the interest of institutions of learning and civic, professional, and employee organizations in the improvement of personnel standards and conditions in the District. c. Officers The Commission shall select from its members a chairman and vice chairman whose term of office shall be for a minimum of one year. The Director of Human Resources shall serve as secretary of the Commission. d. Meetings Regular meetings shall be held on such dates as shall be determined by the Commission. Special meetings shall be held on call of the chairman or any two members of the Commission. 17 RULE 4 APPLICATIONS AND EXAMINATIONS 4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION Application shall be accepted only on official forms prescribed by the Director of Human Resources and approved by the Commission. The applicant shall affix his/her signature to each application and the signature shall certify the truth of all statements contained therein. The application form shall not require any information that does not comply with the Equal Employment Opportunity Act or any other Federal or State regulations for the position in question or political affiliations of an applicant other than to require the applicant to certify non-affiliation with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence, said certification being in accordance with the provisions of the Charter. The District shall hold the right to conduct a background investigation of any applicant. 4.2 NOTICE OF EXAMINATIONS The official announcement of an examination shall consist of the posting of a notice thereof for a minimum of five (5) working days prior to the last date applications will be accepted. Said notice shall be posted in the public area of the District’s Headquarters. The Director of Human Resources shall also make use of such other means for publicizing the announcement of each examination as in his/her best judgment are best suited for informing qualified persons that the examination is to be given. These may include paid advertisements in newspapers and periodicals, announcement to the press and to educational institutions, posters and circulars for general distribution, and similar 18 means. Each official announcement of an examination shall specify the job title and salary range for which the examination is announced; the nature of the work to be performed; the necessary and desirable qualifications; the time, place and manner of making application; special requirements or qualifications; and such other information as the Director of Human Resources considers pertinent and useful. 4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION All persons who may lawfully work in the United States, and meet the reasonable standards or requirements regarding training, experience, and other factors fixed by the Director of Human Resources and stated in the notice of examination, shall be permitted to file an application for examination; provided however, that any applicant taking an examination for any job title who fails to make a passing grade shall not be allowed to file an application for examination for such job title until six (6) months after the date of the prior examination for such job title. 4.4 FILING OF APPLICATION FOR EXAMINATION To be accepted for review, applications for examination must be filed with the District Human Resources Department by the date, if any, specified in the notice for application, or as specified by the Director of Human Resources. 19 4.5 DISQUALIFICATION OF APPLICANTS The Director of Human Resources shall reject the application for examination or refuse to examine an applicant, or after examination disqualify such applicant or if already appointed, consult with the appointing authority in taking steps to remove such person if such person: (1) has failed to submit his/her application for examination correctly or within the prescribed time limits; (2) is found not to meet all of the preliminary requirements established for the examination for the job title; (3) has made a false statement of material fact in his/her application for examination, or practices, has practiced or attempted to practice any fraud or deception in his/her attempt to secure appointment; (4) has directly or indirectly obtained information regarding the examination to which, as an applicant, he/she was not entitled; (5) has taken part in the compilation, administration, or scoring of the examination for which he/she is an applicant; (6) is unable to perform an essential job function of the position with or without reasonable accommodation; 20 (7) has established an unsatisfactory employment record as evidenced by performance reviews, disciplinary actions and/or reference checks of such nature as to demonstrate lack of fitness for employment in the position for which he/she applies; (8) habitually uses any form of intoxicant to excess; has tested positive on a substance abuse test initiated by the District within the 12 months preceding the examination unless the person has presented evidence that the substance abuse is not recurring (including, but not limited to, participation in and compliance with a substance abuse rehabilitation program after said positive result); or is prohibited from performing the duties of the job title by a federally mandated substance abuse testing regime; (9) has been convicted of criminal conduct, or engaged in dishonest, immoral or notoriously disgraceful conduct, of such gravity as to render him/her unfit for the position for which he/she applies; (10) has used or attempted to use political pressure, deception, fraud or bribery to secure an advantage in an examination, or in appointment or advancement; (11) is proved to be affiliated with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence; or (12) has otherwise violated the provisions of the Charter, relevant ordinances or these 21 Rules. 4.6 CHARACTER OF EXAMINATIONS Any practical means or measures may be used in open competitive examinations which in the judgment of the Director of Human Resources are calculated to reveal the ability and fitness of candidates to perform the duties and responsibilities of positions for which the examination is held. Examinations and tests may be written, oral, physical, a demonstration of skill or performance, an evaluation of education, training and experience or any combination thereof. Examinations may include investigation of training and experience, a test of knowledge, skill or aptitude and an inquiry into the character, reputation and general suitability of applicants. Examinations shall be rated impartially, and no test or question in any examination shall call for or lead to disclosure of information that does not comply with the Equal Employment Opportunity Act or any other Federal or State regulations. Any such disclosures by an applicant shall be discouraged and any such information which may nevertheless be revealed shall be disregarded. Reasonable accommodations will be made to those applicants with disabilities upon request. a. Open Competitive Examinations All entrance examinations for positions in the classified service shall be open competitive in character. b. Open Continuous Examinations 22 In order to supply an adequate number of qualified candidates, the Director of Human Resources may establish a continuous recruitment program. Under such program, applications may be accepted and examinations held whenever a sufficient number of applicants have filed to assure adequate competition. c. Employee Examinations To be eligible to compete for a promotion, voluntary demotion or a transfer to a different position, an employee must meet requirements for admission to the examination. Limitations upon eligibility shall be applied uniformly. Employee examinations shall not be limited to employees of a single department of the District. Employee examinations shall consist of a review of qualifications, including an evaluation of employee performance of related duties, in addition to any required tests. However, the Director of Human Resources may waive any required test if the employee previously obtained a grade on the test sufficient to qualify for the position for which the present examination is being conducted. If a new employee examination is announced, and at least six (6) months has elapsed since the initial examination, an employee who has achieved a qualifying rating may elect to be re-examined and have his/her name placed on the eligibility list in accordance with the new rating. 4.7 ADMINISTRATION OF EXAMINATIONS 23 a. Establishment of Procedures The Director of Human Resources shall establish procedures to be used on conducting the examination of candidates and shall devise safeguards to insure maximum impartiality in the examination and rating of candidates. The Director of Human Resources may disqualify any applicant for failure to comply with procedures and regulations established for examination. b. Use of District Employees The Director of Human Resources, with the consent of the appropriate appointing authorities, is authorized to select District employees in the classified service to act as examiners under his/her direction. c. Contracting for Examinations The Director of Human Resources is authorized to contract with any agency, public or private, to conduct any examination which he/she deems necessary. 4.8 RATING OF EXAMINATIONS a. Method of Rating and Minimum Grades Accepted merit system test administration techniques and procedures shall be used in rating examinations and determining relative ranking of candidates. The minimum eligibility requirements for all examinations or portions thereof shall be established by the Director of Human Resources. The method utilized to determine the final examination rating for a job title shall be uniformly applied to all applicants for that job title. 24 b. Consideration for Lower Job Titles An applicant who, after examination, fails to gain eligibility for employment may be considered for a related lower job title provided that an examination is open and the pertinent examination rating meets the minimum requirements for the lower job title . c. Rating of Competence The Director of Human Resources shall establish procedures for the evaluation of competence which shall give due consideration to relevant knowledge, skills, abilities, training/education and to the quality, recency and amount of experience. The procedure utilized to evaluate competence for a position shall be uniformly applied to all applicants for that job title. 4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS a. Notice of Examination Results Applicants shall, when rating is completed, be notified in writing of their eligibility status. b. Records of Test Results; Corrections Records of test results shall be designated closed records pursuant to procedures authorized by law. A manifest error in marking, grading or computation of final rating, if called to the attention of the Director of Human Resources within fifteen (15) days after notification of examination results, shall be corrected. Such 25 corrections, however, shall not invalidate any certification or appointment made previously. 26 RULE 5 ELIGIBILITY LISTS 5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS It shall be the duty of all appointing authorities to notify the Director of Human Resources as far in advance as possible of vacancies which may occur in their departments. The Director of Human Resources shall establish and maintain necessary eligibility lists in order to provide an adequate supply of qualified candidates to fill vacancies for all positions in the classified service. 5.2 TYPES OF ELIGIBILITY LISTS a. Original Appointment List Applicants who have achieved the required eligibility ratings in an entrance examination (open competitive or open continuous) shall have their names placed on an original appointment list for the job title, arranged in order of final qualifying grade received, from highest to lowest. Whenever two or more candidates have equal ratings, their names shall be arranged on the list in the order in which their applications were received. b. Employee Lists Employees who achieve the required eligibility ratings on employee examinations shall have their names placed on an employee list for the job title, arranged in order of final qualifying grade received, from highest to lowest. Whenever two or more persons have equal final ratings, they shall be treated 27 equally and placed on the list with the same rank. c. Restoration List Employees who displace other employees serving in a lower job title of the same general class and employees who are recalled to a position in a lower job title other than that occupied immediately prior to layoff shall have their names placed on a restoration list for the general class of the position held immediately prior to layoff or displacement. Names on such restoration lists shall be arranged in order of seniority as defined in Rule 11.2. d. Recall Lists Employees laid off from a regular appointment in the classified service of the District shall have their names placed on a recall list for the general class of the position held immediately prior to the layoff. Names on such recall lists shall be arranged in order of seniority as defined in Rule 11.2. 5.3 CONSOLIDATION OF LISTS A new examination may be held for a job title for which an eligibility list already exists if, in the opinion of the Director of Human Resources, the needs of the District would be better served thereby. Applicants and employees remaining on the prior list shall be placed on the new list in accordance with their previous ratings as though they had taken the new examination, but such applicants and employees shall be removed from the list at the expiration of the original eligibility list period. If a new examination is announced six (6) months or longer after the initial examination, such applicants and 28 employees may, however, elect to be re-examined and have their names placed on the new list in accordance with the new rating, thereby invalidating the prior certification. 5.4 USE OF RELATED ELIGIBILITY LISTS An eligibility list for a job title may be assembled from one or more existing related lists when a vacancy occurs in a job title for which there is no appropriate eligibility list. The existing related lists utilized shall be only those for job titles which require qualifications comparable to or higher than those required for the job title in which the vacancy exists. Training and experience shall be re-evaluated in conformance with the minimum qualifications required for the job title in which the vacancy exists. 5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY a. Original Appointment Lists 1. The Director of Human Resources shall determine the period during which candidates remain on original appointment lists. This period shall not be less than six (6) months or more than two (2) years from date of preparation of the eligibility list. 2. Eligibility lists based on open continuous examinations shall ordinarily be of indefinite duration, but may be terminated by the Director of Human Resources six (6) months after the last examination for the position. b. Employee Lists 29 The Director of Human Resources shall determine the period during which candidates remain on employee lists. This period shall not be less than (3) months or more than two (2) years from date of preparation of the eligibility list. c. Recall Lists Recall lists shall be continuous for each general class, except that no name shall remain on a recall list for longer than two (2) years. d. Restoration Lists Restoration lists shall be continuous for each general class and shall not be more than five (5) years in duration. 5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS Individuals on eligibility lists must notify the District Human Resources Department of address change or any other changes affecting availability for employment. 5.7 REMOVAL OF NAMES FROM LISTS The Director of Human Resources shall remove a name from any eligibility list or refuse to certify any name on an eligibility list for any of the following reasons: a. By written request of the individual on the eligibility list. b. Appointment through certification from such list to fill a permanent position; except in the case of a restoration list, then only if the appointment was to the position held by the employee immediately prior to layoff or displacement. 30 c. Appointment through certification from another eligibility list for a job title at a higher compensation; in the case of a restoration list, if appointed to a job title at a higher compensation than that received immediately prior to layoff or displacement. d. Failure to respond within the time specified to any inquiry or notification from the Director of Human Resources. e. Notice by postal authorities of inability to locate the individual on the eligibility list at the last known address supplied to the District by the individual. f. In the case of employee lists or restoration lists, upon separation or layoff from the District service. g. Failure to receive appointment after five (5) certifications from an original appointment list provided an appointment is made from each certification. h. In the case of an original appointment or employee list, upon second refusal to accept appointment from any list until the list expires. i. For any of the causes stipulated in Rule 4.5. 5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST 31 An individual who believes his/her name has been improperly removed from an eligibility list may, within fifteen (15) days of learning of the removal, make a written request to the Human Resources Director to return his/her name to the list for the duration of the list. The request shall contain the individual's reasons why his/her name should be returned to the list. As soon as practical, but in no event later than thirty (30) days after receipt of such request, the Human Resources Director shall either return the name to the list or refuse the requested return of the name. The individual shall be notified of the Human Resources Director's action and if the decision is unfavorable, the individual may seek review before the Commission as provided in Rule 15.1. 32 RULE 6 CERTIFICATION AND APPOINTMENT 6.1 REQUEST TO FILL A POSITION Whenever a vacancy in any position in the classified service is to be filled, the appointing authority shall submit a request to fill a position on a form prescribed by the Director of Human Resources. Insofar as practicable, each vacancy shall be anticipated sufficiently in advance to permit the Director of Human Resources to determine who may be available for appointment, and if necessary to establish a job title or to establish an eligibility list. 6.2 FILLING OF VACANCIES Vacancies in the classified service shall be filled through one of the following procedures, which are listed in general sequence of priority: Involuntary Demotion (unless performance-related); Reassignment; Restoration; Recall; Promotion, Transfer and Voluntary Demotion; Reinstatement; and Original Appointment. In certain cases, emergency, temporary or provisional appointments may be made. a. Appointment Through Demotion 1. Involuntary Demotion An appointing authority may demote any classified employee under his/her direction for disciplinary reasons as specified in Rule 11. In addition to providing the demoted employee with the notice required by Rule 11.7, the appointing authority shall also furnish a written statement 33 of the reasons for such action to the Director of Human Resources at least five (5) days prior to the effective date of the demotion. 2. Voluntary Demotion A regular employee may request a demotion to an existing vacancy for which he/she is qualified. The employee will be demoted if selected from an appropriate eligibility list. b. Appointment Through Reassignment An appointing authority may reassign an employee under his/her jurisdiction from one classified position to another classified position in the same job title after notifying the Human Resources Department of the change in position numbers of the incumbents provided that the change in position is not in the nature of displacement. c. Appointment from Restoration Lists Upon receipt of a request to fill a position from an appointing authority, the Human Resources Department shall determine if a restoration list exists for the general class of the position. If an appropriate restoration list has been established, the Human Resources Department shall certify singly the name of the most senior employee qualified for the position who (1) at the time of certification is in a lower job title than the position being certified; (2) immediately prior to displacement was either in a position in the job title being certified or in a position in a higher job title than the job title of the position 34 being certified, and (3) has not previously refused to accept appointment to the job title being certified. d. Appointment from Recall Lists If there is no restoration list for the general class of position, the Human Resources Department shall determine if a recall list exists for the general class of position. If an appropriate recall list has been established, the Human Resources Department shall certify singly the name of the most senior employee qualified for the position who immediately prior to layoff was either (1) serving in a position in the job title being certified, or (2) serving in a position in a higher job title than the position being certified. e. Appointment from Employee Lists Upon receipt of a request to fill a position from an appointing authority and there being no appropriate restoration or recall list established, the Human Resources Department shall certify all employees whose names appear on an employee list for the appropriate position in the order in which they appear on the list. If there are three (3) names or less with examination grades on the appropriate employee list, the appointing authority may decline the certification until such time as the Human Resources Department increases the names either by holding another employee examination or an open competitive examination, and merging the existing names onto the new list. 35 f. Appointment Through Transfer 1. Transfer (District Initiated) An employee may be transferred within a department or between departments from a classified position to another classified position in the same pay grade with the prior approval of the Director of Human Resources and the appointing authorities, when such transfer is considered to be in the best interest of the District. 2. Transfer (Employee Initiated) An employee may request a transfer to an existing vacancy for which the employee is qualified. The employee shall be appointed to the position if selected from an appropriate eligibility list. g. Appointment Through Reinstatement A vacancy may be filled through the reinstatement of a former classified employee who had acquired regular status in the District's classified service prior to his/her resignation, retirement, dismissal, or special leave, or acceptance of an unclassified position in the District, provided that: 1. Reinstatement shall be effected within two (2) years from the last day of work performed in the former position. 2. The former employee is fully qualified for the position to which 36 reinstatement is proposed. 3. The individual will not derive greater rights or privileges as a result of the reinstatement, than if he/she had continued as a regular employee. 4. The restoration or recall rights of other employees will not be violated. 5. The Director of Human Resources certifies such former employee is qualified and eligible in all respects for reinstatement. 6. Reinstatement from military leave after service will be in accordance with Rule 14.6. 7. No unclassified employee may appoint himself or herself to a classified position through reinstatement. h. Appointment From Original Appointment List Upon the receipt of a request to fill a position from an appointing authority, and there being no other list from which to obtain a qualified person, the Director of Human Resources shall certify up to ten (10) names having the highest final ratings from the original appointment list. If there are five (5) names or less on the eligibility list, the appointing authority may decline the certification. An appointing authority may elect at any time to leave a position vacant rather than appoint from the eligibility list.