§45-8A-22.11. Vacancies filled from eligible register.

Whenever a vacancy exists in the police or fire department, it shall be filled by appointment of one of the five persons who rank highest on the appropriate eligible register of the board or by transfer within the service of the city from another position of the same class. Whenever a vacancy exists in the police or fire department that requires a promotion from within the police or fire department, it shall be filled by appointment of one of the three persons who rank highest on the appropriate eligible promotion register of the board. The ranking layoff of the same class shall be appointed in every instance. When the eligible list submitted by the board to the appointing authority contains less than five persons, the appointing authority may appoint from the list, but shall not be required to appoint from the list. In the event the appointing authority declines to appoint from an eligible list containing less than five persons, the appointing authority may request the board to abolish the eligible list. Whenever it is impossible for the board to certify eligible persons to a vacancy in the police or fire department, the board may authorize the appointing authority to fill the vacancy temporarily pending the establishment of an eligible register. The authorization shall not be given for longer than 120 days, and no such employees shall have status under this subpart. All appointments, other than temporary appointments, to the police and fire departments shall be probationary for one year from the date of appointment. A probationary subordinate employee of the police department and fire department may be discharged by his or her appointing authority for unsatisfactory service at any time before the expiration of the probationary period. if the action is approved by the board. A probationary civil service department head employee may be discharged or demoted similarly by his or her appointing authority upon approval by the board. After the expiration of the probationary period, an appointment of a civil service employee shall become permanent.

(Acts 1953, No. 592, p. 838, §12; Act 95-720, p. 1542, §1; Act 2014-244, §1.)