Sec. 5-235. Provisional, temporary, emergency and intermittent appointments.
Sec. 5-235. Provisional, temporary, emergency and intermittent appointments. (a) When a candidate list provided under section 5-215a contains fewer than
five candidates, in order to facilitate the carrying on of public business or avoid inconvenience to the public, but not otherwise, the Commissioner of Administrative Services
may authorize the filling of the position at once by provisional appointment, pending
the establishment of a reemployment or candidate list. Any such provisional appointment shall continue only until a reemployment or candidate list for such position is
established and, in no case, for a period exceeding a total of six months. No person shall
receive more than one provisional appointment or serve more than six months as a
provisional appointee in any one fiscal year.
(b) When, by reason of the pressure of work, an appointing authority determines
that an extra position in the classified service should be temporarily established for
a period of not more than six months, such appointing authority shall so notify the
commissioner, stating the cause therefor, the probable length of time the extra position
will be required, the duties to be performed and the salary to be paid. When, in the
judgment of the commissioner such an extra position should be established, he shall
authorize the temporary appointment of a qualified person, with or without competitive
examinations. Temporary appointments to extra positions shall, as far as practicable,
be made from reemployment and candidate lists. No such appointments shall be authorized for a period of more than six months and such appointments shall not be renewed
within any fiscal year.
(c) An appointing authority or any subordinate authorized by him, to facilitate the
carrying on of public business or avoid loss or serious inconvenience to the public, when
an emergency arises which will not permit the securing of eligible persons, may appoint
any qualified person during such emergency for a period of not more than two months.
Persons so appointed shall be known as emergency employees. Appointing authorities
shall report to the commissioner all emergency appointments and such appointments
shall not be renewed.
(d) The commissioner may establish unskilled and semiskilled positions, as defined
in section 5-233, or, by competitive examination, candidate lists of eligible persons who
are available for employment on an intermittent basis and either the administrator of
the Unemployment Compensation Act or the Commissioner of Revenue Services may
appoint persons to such positions or from such lists to perform intermittent services as
may be required. Persons so employed shall be known as intermittent employees and
shall be compensated on an hourly rate basis as prescribed by the Commissioner of
Administrative Services, subject to the approval of the Secretary of the Office of Policy
and Management. Intermittent employees shall not be considered permanent employees
and shall receive only such rights and benefits applicable to other state employees as
may be expressly prescribed by the Commissioner of Administrative Services. Such
intermittent employees who meet eligibility requirements shall be admitted to promotional examinations and be placed on candidate lists pursuant to this chapter.
(1967, P.A. 657, S. 44; P.A. 76-254, S. 6, 11; P.A. 77-368, S. 2; 77-614, S. 67, 114, 610; P.A. 81-28, S. 3, 4; P.A. 86-136; P.A. 87-253, S. 4; P.A. 92-165, S. 25, 32; P.A. 96-168, S. 15, 34.)
History: P.A. 76-254 changed period for emergency appointment from 60 days to 2 months; P.A. 77-368 added sentence
to Subsec. (d) admitting eligible intermittent employees to promotional exams; P.A. 77-614 replaced personnel policy
board, commissioner of finance and control and personnel commissioner with commissioner of administrative services
and required approval of secretary of the office of policy and management for hourly rates of intermittent employees; P.A.
81-28 increased the maximum provisional appointment period from 4 to 6 months in Subsec. (a); P.A. 86-136 amended
Subsec. (d) to include unskilled or semiskilled positions and allowed appointments by the commissioner of revenue services;
P.A. 87-253 amended Subsec. (b) to increase the maximum period for temporary appointments from 3 to 6 months, and
to delete the authority to renew such appointments in a fiscal year; P.A. 92-165 changed "employment list" and "promotional
examination" list to "candidate list", deleted provision re when there is a request for certification and three eligible candidates are not available, added provision re when a candidate list provided under Sec. 5-215a contains three or fewer
candidates and made technical changes; P.A. 96-168 amended Subsec. (a) to change candidate list of three or fewer to list
of fewer than five, effective July 1, 1996.
Cited. 174 C. 271.
Employees hired pursuant to this section not eligible for unemployment unless permitted by the personnel policy board
and ineligibility does not violate equal protection. 32 CS 319.
Subsec. (a):
Cited. 175 C. 127.
Subsec. (c):
Cited. 175 C. 127.