§ 213. Appointments to positions in the competitive division of the classified service.

(a)

When a position in the competitive division of the classified service shall become vacant and when an appropriate reemployment list or employment list exists for the class to which such position is allocated, the appointing authority within thirty days of the date said vacancy was created, shall serve notice on the personnel director declaring whether or not it desires to fill the vacancy. If it desires to fill the vacancy, the appointing authority shall, within such thirty days, make requisition upon tie personnel director for the name and address of a person eligible for appointment thereto. Pursuant to such requisition the personnel director shall make or cause to be made an investigation to determine whether or not such a vacancy does exist and to report his findings to the commission. if, upon consideration of the facts, the commission determines that such a vacancy does exist, it shall order the personnel director, within thirty days of the date such requisition was made, to certify the name of the person who is highest on the appropriate reemployment list, or employment list if no appropriate reemployment list exist, for the class to which the vacant position has been allocated and who is willing to accept appointment. If, upon consideration of the facts, the commission determines that a vacancy does not exist, it shall order the personnel director to serve notice on the appointing authority making the request that no appointment may be made. If the appointing authority declares its desire not to fill a vacant position or if the appointing authority fails to serve notice on the personnel director within the thirty day period set forth in this section, the commission shall at its next regular meeting abolish the position from the classified service. If there is no appropriate reemployment list for the class, the personnel director shall certify the name of the person standing highest on the employment list established for the class. If more than one vacancy is to filled, an additional name shall, in like manner, be certified for each additional vacancy. The appointing authority shall forthwith appoint such person to such a vacant position. When requisition is so made, and is approved by the commission in accordance with the provisions of this section, or when a position is held by a temporary appointee and a reemployment list or employment list for the class of such positions exists, the personnel director shall forthwith certify the name of the person eligible for appointment to the appointing authority and such appointing authority shall forthwith appoint the person so certified to such position. No person so certified shall be laid off, suspended, given a leave of absence from duty, transferred or reduced in pay or grade except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard by the commission and then only with its content and approval. Appointments shall be regarded as taking effect upon the date when the person certified for appointment shall report to duty. A person tendered certification may waive or refuse certification in writing for a period, for reasons satisfactory to the commission, and such waiver or refusal shall not affect the standing or right to certification to the first vacancy in the class occurring after expiration of such period. If such waiver or refusal shall be filed in writing with the commission, and, if, after one waiver has been filed and the period thereof has expired, a person tendered certification shall fail to report for duty forthwith after tender of certification has been made, his name may, at the discretion of the commission, be stricken from all lists for such class. Acceptance or refusal of temporary appointment or of an appointment to a position exempt from the provisions of this act shall not affect the standing of any person on the list for permanent appointment. To enable appointing officers to exercise sound discretion in the filling of positions, no appointment, employment or promotion in any position in the competitive division of the classified service shall be deemed final until after the expiration of a period of three to six months probationary service, as may be provided in the rules of the civil service commission. The commission, the personnel director and the executive head of the department concerned shall determine the permanent appointment. During the probationary period, they may terminate the employment of the person so certified, during the performance test thus afforded, upon observation or consideration of the performance of duty, they shall deem him unfit for service, whereupon the personnel director shall designate the person certified as standing next highest on any such list and such person shall likewise enter upon such duties until some person shall be found who is deemed fit for appointment, employment or promotion and who shall have occupied the position for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be permanent.

(Amended 1986 referendum)

(b)

Any person whose name is or has been on an employment list or promotion list shall, while on active duty with the armed forces of the United States, retain his or her rights and such status on such list. If such list expires or is exhausted during the time that such person is on such military duty or during the period of one year after the termination of such military duty, such person, upon written request to the civil service commission, provided he has received an honorable discharge from such military duty and provided he has made such written request no later than three months from the date of such honorable discharge, shall be placed on a special employment or promotion list and shall be certified in the order of his original standing on the employment list to any available vacancy before certification shall be made from an employment list for the same position. Such names may be placed upon special employment or promotion lists only in the event that such names were reached for certification during the life of the original list and when reached such persons were not available to accept appointment because of their being on active duty with the armed forces of the United States. Such names shall remain on such special employment list or promotion list for a period of two years after the termination of such military service and honorable discharge therefrom.

(c)

The probationary period for teachers shall comply with the general statutes and the regulations of the state board of education regarding the permanent certification of teachers.

(Amended, 1986 referendum)