MOTION FOR THE BOARD MEETING OF DECEMBER 16, 2010
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MOTION, with respect to Agenda Item #59, File ID #10-1597, to adopt Legislative Initiative #7
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I move to amend Section 4.11 of the District’s Act to clarify the District’s hiring and promotional appointment practice of certifying eligible candidate names from a categorical eligibility list such that, once less than 5 candidates are available to the appointing authority from a categorical list, all candidates from the next level categorical list become eligible for consideration, until which time the appointing authority has a minimum of 5 candidates to consider.
Section 4.11 of the District’s Act “Appointments” provides: “Whenever a position classified under this Act is to be filled… the appointing officer shall make requisition upon the Director, and the Director shall certify to him from the register of eligibles for the position the names and addresses a) of the five candidates standing highest upon the register of eligibles for the position, or b) of the candidates within the highest ranking group upon the register of eligibles if the register is by categories such as excellent, well qualified, and qualified, provided, however, that any certification shall consist of at least five names, if available. The Director shall certify names from succeeding categories in order of excellence of the categories until at least 5 names are provided to the appointing officer. The appointing officer shall notify the Director of each position to be filled separately and shall fill the position by appointment of one of the persons certified to him by the Director.”
In a recent summary judgment ruling, a judge indicated that pursuant to the above language, where there are less than five categorically “excellent” candidates on an eligible list, the District could just certify the name(s) of the highest ranking subsequent categorical “well qualified” candidates until there were five names for the appointing officers consideration, instead of certifying the entire “well qualified” category.
Contrary to this interpretation, and in order to provide the appointing officer the greatest pool of qualified candidates, it is the intent of the District to certify all the names in the succeeding category when there are less than five names remaining in the higher category. In order to prevent the aforementioned interpretation, it is recommended that Section 4.1 of the District’s Act be amended as follows (changes underlined).
“The Director shall certify all of the names and addresses of the candidates from the succeeding categories in order of the excellence of the categories only until at least 5 names are provided to the appointing officer, if available.”
Date: December 16, 2010
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Commissioner