Sec. 2-159. Certification and appointment.
(a) Certification of eligibles. Whenever any certification is made by the civil service commission from an eligible list to fill a vacancy, an initial job opening, or promotion in the service, the names of the three (3) persons standing highest on the list shall be certified, and the appointing authority shall appoint one (1) of the persons so certified to fill such vacancy.
(b) More than one vacancy to be filled. If there is more than one (1) vacancy to be filled from an eligible list, the number of names to be certified shall equal the number of vacancies plus two (2).
(c) Temporary appointments. In the event of an emergency, an appointing authority may appoint persons to work temporarily in his particular department although such persons have not been examined nor placed on an eligible list and shall notify the civil service commission of such appointment within five (5) days thereof. At no time shall this temporary employment continue after the civil service commission certifies a list of eligibles for this position. Such list of eligibles shall be made within six (6) months of such temporary appointment.
(d) Appointment of an employee in the classified service to a position in the unclassified service. Any employee in the classified service receiving an appointment to the position in the unclassified service shall automatically, without request, be given a continuing leave of absence and shall retain his seniority as of the time of promotion.
(Code 1969, § 1.110)
So the name of the appointed person must be submitted within five days and the person who was put in the temporary position has to leave after six months no exceptions listed here in the charter. A list of names must be made, and then the top three are submitted, one is chosen from the three.
I think I have it lets take a look then what happened with our (sore point) shall we?
The City of Dearborn Heights is pleased to offer you a job as a clerk-typist in the Community and Economic Development Neighborhood stabilization Program. As previously explained, this position is contingent upon the grant funds.
At this time we consider this a temporary full-time appointment. Under our Civil Service Rules & Regulations, you will need to be tested and interviewed for permanent placement.
The Mayor hired this person, he never submitted the name to the civil service commission. This job has until today not been posted. As you can see from the statement above she has been working in a temporary capacity since March 2009.
“Miotke said the city charter allows temporary appointments for six months, and while the person in question has been employed for longer,that’s because she’s had two appointments between different departments.” Source: Press & Guide 12-9-2009
No place in the charter does it say that any appointed employee can be moved from one appointment to another. I would like to know what emergency there was to appoint this person to the NSP program in the first place, until today this person did not work a day in NSP, nor have they hired anyone for the one remaining position. As I said until today they have not posted these two jobs. I would consider filling a department head position an emergency, there was a department left without a department head for five (5) months, who was doing the work in that department for those five (5) months? If that department was run with -out a department head just fine, why did he hire another one? If the people in that department were handling the work why didn’t he promote one of them to the head of the department?
I’m not an expert, and I do not claim to be, but looking at our charter I would think it’s pretty clear what was done wrong here. We have a corporate counsel for a reason, and we have a Mayor who has sworn an oath to uphold the charter. We have a city council that we count on to make sure that these things do not happen. Like I said I’m not an expert, that’s why we elected these people to office, they are the ones who know these things, maybe we as citizens of our city should know more than what we do. Maybe it’s all of our faults including mine that I did not read my city charter from cover to cover before this, but I voted for people including the Mayor the first time around to do that.