Sec. 5-228. Promotional appointments. Original appointments. Hiring protected class members. Sex discrimination.
Sec. 5-228. Promotional appointments. Original appointments. Hiring protected class members. Sex discrimination. (a) When a vacancy in any permanent
position in the classified service is to be filled, the appointing authority shall notify the
Commissioner of Administrative Services of such fact, stating the title of the position
to be filled. Vacancies in such positions shall be filled, so far as practicable and for the
best interest of the state, by reemployment, as provided in subsection (b) of section 5-241, promotional appointments from within the agency and service-wide promotional
appointments or transfers in accordance with regulations issued by the commissioner.
The appointing authority, with the approval of the commissioner, shall decide whether
a vacancy shall be filled by promotion from within the agency, from a state-wide employment list, transfer or, if such is not practicable, by original appointment.
(b) If a vacancy is to be filled by a promotional appointment from within the agency,
the commissioner shall certify to the appointing authority the names of all candidates
from the agency in accordance with the provisions of section 5-215a.
(c) If a vacancy is to be filled by promotion from a service-wide candidate list, the
commissioner shall certify to the appointing authority the names of all candidates on
that candidate list in accordance with the provisions of section 5-215a.
(d) If a vacancy is to be filled by an original appointment, the commissioner shall
certify to the appointing authority the names of all candidates on that candidate list in
accordance with the provisions of section 5-215a.
(e) Appointees to any position in the classified service shall be required to serve
the working test period provided for in this chapter. Any promotional appointee from
within the agency who is dismissed from the position to which he was promoted during
such working test period, or at the conclusion thereof, shall be restored to a position in
the same class in which he had been employed prior to his promotion. Any other appointee who was employed in the classified service prior to his appointment and who is
dismissed from the position to which he was appointed during such working test period
or at the conclusion thereof, shall be restored to a vacancy in the same class, or a vacancy
in a comparable class or a vacancy in any other position the employee is qualified to
fill, in the agency in which he had been employed prior to his appointment, or shall have
his name placed on a reemployment list. No appointing authority who has removed such
an employee as provided in this section may exercise such right of removal again with
respect to any other employee in the same position within three calendar months after
such original removal, except with the consent of the commissioner. No provision of
this section shall be construed to prevent any employee in the unclassified service from
competing for positions in the classified service if he possesses the minimum qualifications established by the commissioner, except that no such employee shall be eligible
to compete in a promotional examination unless he has previous permanent status in
classified service. In the certification of names of persons eligible for appointment, sex
shall be disregarded except when otherwise provided by statute or upon request of the
appointing authority subject to the approval of the commissioner.
(1967, P.A. 657, S. 37; P.A. 73-623, S. 1, 3; P.A. 77-614, S. 66, 67, 610; P.A. 79-621, S. 14, 24; P.A. 81-28, S. 2, 4;
P.A. 87-322; P.A. 92-165, S. 19, 32; P.A. 93-274, S. 4, 7; P.A. 96-168, S. 13, 34.)
History: P.A. 73-623 changed references to highest ratings on tests to persons having highest ratings, presumably to
allow for tied scores and added requirement that at least three names be supplied for one vacancy and an additional name
for each additional vacancy; P.A. 77-614 replaced personnel commissioner and personnel policy board with commissioner
of administrative services; P.A. 79-621 amended Subsec. (a) deleting requirement that commissioner be notified of duties
and compensation for positions to be filled, replacing "service-wide" with "state-wide" and including transfer as option
for filling position, changed number of rating supplied from three highest to five highest in Subsecs. (b), (c) and (d) and
required supply of extra rating rather than extra name for each additional vacancy, deleted former Subsecs. (e) and (f) re
consideration of service ratings in promotional tests and conditions for supply of fourth and fifth highest ratings, and
relettered former Subsec. (g) as (e), amending it to require restoration of dismissed promotional appointee to similar job
rather than to same job he held before; P.A. 81-28 required conformance with federal merit system standards, if applicable
when unclassified employees compete in classified service promotional examination under Subsec. (e); P.A. 87-322 inserted new Subsec. (e) permitting appointing authorities to request the commissioner of administrative services to certify
certain protected class members for appointment when no such members would normally be certified, in order to facilitate
meeting affirmative action goals and relettered previous Subsec. as (f); P.A. 92-165 added provisions concerning reemployment and transfers to Subsec. (a), changed "employment list" to "candidate list", deleted former provisions re certification of names to the appointing authority, added language re certification of names of candidates in accordance with Sec.
5-215a and made technical changes; P.A. 93-274 added Subsec. (g) re filling of vacancies in managerial positions from
generic job class selection process and defining "generic job class", effective June 30, 1993; P.A. 96-168 deleted former
Subsec. (e) re selection of protected class members, made former Subsec. (f) the new Subsec. (e), substituting requirement
for previous permanent status for eligibility to compete in a promotional examination for exception re federal merit system
standards and filing by four qualified applicants and deleted former Subsec. (g) re managerial positions, effective July
1, 1996.
Annotation to former statute:
If only one person's name is on employment list, new list must be established and such person must be retested. 9 CS 158.