KRS 90.350: Appointments -- Promotions.

(1) The appointing authority shall make all civil service appointments, and the

appointments shall be made only from the lists of applicants certified to him by the

civil service commission after examination. Appointments shall be made only by

the selection of one (1) of the three (3) holding the highest averages in the particular

class and grade wherein the vacancy exists, except as provided in subsection (6) of

this section.

(2) Whenever it is imperative to fill a vacancy in classified civil service before th e

commission can certify a list of as many as three (3) persons eligible for

appointment after competitive examination, the appointing authority shall nominate

a competent person from the same class or next lower rank to the commission for

noncompetitive examination, and if certified by the commission as qualified after

the noncompetitive examination he may be appointed provisionally to fill the

vacancy until an appointment can be made after competitive examination. This

provisional appointment shall contin ue only until a regular appointment can be

made from the eligible list prepared by the commission, which eligible list shall be

prepared within sixty (60) days after a vacancy occurs.

(3) In case of great emergency and when no one upon the eligible list or by promotion

from a lower rank is available, an appointment may be made by the appointing

authority without examination, but in no case shall such appointment continue

longer than forty -five (45) days, and in no case shall successive appointments be

made of the same person, or other persons, to such vacancy.

(4) Temporary appointments made necessary by reason of illness or disability of regular

employees shall continue only during such period of disability.

(5) The death of an employee shall not authorize an appointment without examination.

(6) Whenever, from any cause, there shall be a vacancy in any of the classified services,

the employee in said classification ranking next highest in seniority, if he chooses,

shall succeed to and fill said vacancy, unle ss upon charges made by the city that

said employee is not qualified to fill said vacancy, and after notice and upon trial to

determine his qualifications in the same manner as is now required for the

dismissal, suspension or reduction in grade or pay of a n employee, it be established

by the city that said employee has not the necessary qualifications to enable him to

discharge the duties of the office or position in which the said vacancy occurs.

Provided that in case of a vacancy in the classified service , where peculiar and

exceptional qualifications of a particular professional or educational character are

required, upon satisfactory evidence that for reasons stated in writing by the

appointing authority, competitive examination in such case has failed t o provide an

eligible list; the commission may suspend the provisions requiring competitive

examination under civil service.

(7) Where the service to be rendered by an appointee in the classified service is for a

temporary period, and the need of such serv ice is imperative, the appointing

authority may select for that temporary service any person on the list of those

eligible for permanent appointment. Successive temporary appointments to the

same position shall not be made under this provision. The accepta nce or refusal by

an eligible applicant of a temporary appointment shall not affect his standing on the

register for permanent employment, nor shall temporary service be counted as part

of the probationary service in case of subsequent appointment to a per manent

position.

(8) No person shall be certified by the commission from an eligible list more than four

(4) times to the same appointing authority for the same or similar position.

(9) The appointing authority may provide that all appointments for initial permanent

employment may be probationary appointments for a period of not more than

twelve (12) months, after which probationary period regular appointments shall be

given to all probationary employees who are deemed to be satisfactory by the

respective appointing authority.