{"data":{"id":"us-ky/krs-90.350","jurisdiction":"us-ky","citation":"KRS 90.350","heading":"Appointments -- Promotions.","body":"(1) The appointing authority shall make all civil service appointments, and the\nappointments shall be made only from the lists of applicants certified to him by the\ncivil service commission after examination. Appointments shall be made only by\nthe selection of one (1) of the three (3) holding the highest averages in the particular\nclass and grade wherein the vacancy exists, except as provided in subsection (6) of\nthis section.\n(2) Whenever it is imperative to fill a vacancy in classified civil service before th e\ncommission can certify a list of as many as three (3) persons eligible for\nappointment after competitive examination, the appointing authority shall nominate\na competent person from the same class or next lower rank to the commission for\nnoncompetitive examination, and if certified by the commission as qualified after\nthe noncompetitive examination he may be appointed provisionally to fill the\nvacancy until an appointment can be made after competitive examination. This\nprovisional appointment shall contin ue only until a regular appointment can be\nmade from the eligible list prepared by the commission, which eligible list shall be\nprepared within sixty (60) days after a vacancy occurs.\n(3) In case of great emergency and when no one upon the eligible list or  by promotion\nfrom a lower rank is available, an appointment may be made by the appointing\nauthority without examination, but in no case shall such appointment continue\nlonger than forty -five (45) days, and in no case shall successive appointments be\nmade of the same person, or other persons, to such vacancy.\n(4) Temporary appointments made necessary by reason of illness or disability of regular\nemployees shall continue only during such period of disability.\n(5) The death of an employee shall not authorize an appointment without examination.\n(6) Whenever, from any cause, there shall be a vacancy in any of the classified services,\nthe employee in said classification ranking next highest in seniority, if he chooses,\nshall succeed to and fill said vacancy, unle ss upon charges made by the city that\nsaid employee is not qualified to fill said vacancy, and after notice and upon trial to\ndetermine his qualifications in the same manner as is now required for the\ndismissal, suspension or reduction in grade or pay of a n employee, it be established\nby the city that said employee has not the necessary qualifications to enable him to\ndischarge the duties of the office or position in which the said vacancy occurs.\nProvided that in case of a vacancy in the classified service , where peculiar and\nexceptional qualifications of a particular professional or educational character are\nrequired, upon satisfactory evidence that for reasons stated in writing by the\nappointing authority, competitive examination in such case has failed t o provide an\neligible list; the commission may suspend the provisions requiring competitive\nexamination under civil service.\n(7) Where the service to be rendered by an appointee in the classified service is for a\ntemporary period, and the need of such serv ice is imperative, the appointing\nauthority may select for that temporary service any person on the list of those\neligible for permanent appointment. Successive temporary appointments to the\nsame position shall not be made under this provision. The accepta nce or refusal by\nan eligible applicant of a temporary appointment shall not affect his standing on the\nregister for permanent employment, nor shall temporary service be counted as part\nof the probationary service in case of subsequent appointment to a per manent\nposition.\n(8) No person shall be certified by the commission from an eligible list more than four\n(4) times to the same appointing authority for the same or similar position.\n(9) The appointing authority may provide that all appointments for initial  permanent\nemployment may be probationary appointments for a period of not more than\ntwelve (12) months, after which probationary period regular appointments shall be\ngiven to all probationary employees who are deemed to be satisfactory by the\nrespective appointing authority.","path":["KRS Chapter 90"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43667","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:47Z","sha256":"0469b564cb6fdcb6c7451a9ddb1a74a6affad0294c902c0a1b3e99b09e1a8530","source_id":"us-ky","stale":false,"prev":"us-ky/krs-90.340","next":"us-ky/krs-90.360"},"notice":"GroundRules: Original legal text. Not legal advice."}