§ 2-263. Filling of vacant positions.

(a)

Considerations. If the city administrator, with the approval of the city council, fills a vacancy in a position subject to the civil service act, he or she shall consider factors, including, but not limited to:

(1)

The multiple job skills recently or currently being performed by the applicant which are necessary for the position;

(2)

The knowledge, skills, and abilities of the applicant which are necessary for the position;

(3)

The performance appraisals of any applicant who is already employed in the police or fire department, including any recent or pending disciplinary actions involving the employee;

(4)

The employment policies and staffing needs of the police or fire department, together with contracts, ordinances, and statutes related thereto;

(5)

Required federal, state or local certifications or licenses necessary for the position;

(6)

The qualifications of the applicants who are already employed in the department and have successfully completed all parts of the examination for the position. No person shall be reinstated in or transferred, suspended, or discharged from any such position or employment contrary to the civil services act;

(7)

Physical ability to perform the required duties; and

(8)

The recommendations of the fire chief or chief of police for the city.

(b)

Procedure for filling vacant positions. Whenever a position subject to this article becomes vacant, the city administrator shall make requisition upon the commission for the names and addresses of the persons eligible for appointment and may decline to fill such vacancy for an indefinite period. The commission shall approve and establish an eligible list in rank order, so that the city administrator can select among the three highest on the list for any given vacancy. If the commission certifies fewer than three names for each vacancy to the city administrator, the city administrator, with the approval of the city council, may appoint one of such persons to fill the vacancy, may decline to fill the vacancy, or may order that another examination be held by the civil service commission. When more than one vacancy exists for a position, the commission shall certify the next highest name on the eligible list after each individual vacancy is filled thereby allowing the city administrator to select among the three highest on the eligible list for each vacancy.

(c)

Temporary appointment. If a vacancy occurs and there is no eligible list for the position or if the commission has not certified persons from the eligible list, a temporary appointment may be made by the city administrator, with the approval of the city council. Such temporary appointment shall not continue for a period longer than six months. No person shall receive more than one temporary appointment to serve more than six months as a temporary appointee in any one fiscal year.

(Ord. No. 2394, § 1(art. III, § 3), 12-16-1985; Ord. No. 3601, § 5, 4-25-2011)

State law reference

Similar provisions, R.R.S. 1943, § 19-1829.