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Re: Is it me, or is Steven at it again?

Posted by trainsarefun on Thu Jan 1 23:30:19 2009, in response to Re: Is it me, or is Steven at it again?, posted by AMoreira81 on Thu Jan 1 23:17:08 2009.

The actual statute is, I believe, translated from the original Sumerian into Czech and then translated into English, but it reads:

§ 61. Appointment and promotion. 1. Appointment or promotion from
eligible lists. Appointment or promotion from an eligible list to a
position in the competitive class shall be made by the selection of one
of the three persons certified by the appropriate civil service
commission as standing highest on such eligible list who are willing to
accept such appointment or promotion; provided, however, that the state
or a municipal commission may provide, by rule, that where it is
necessary to break ties among eligibles having the same final
examination ratings in order to determine their respective standings on
the eligible list, appointment or promotion may be made by the selection
of any eligible whose final examination rating is equal to or higher
than the final examination rating of the third highest standing eligible
willing to accept such appointment or promotion. Appointments and
promotions shall be made from the eligible list most nearly appropriate
for the position to be filled.


Essentially, the appointing authority has discretion to refuse to appoint/promote those on a competitive exam list. It would have been nice if the law spelled out what the limits on the discretion are, but don't worry, there are about several hundred cases that do this for you, or which, at any rate, claim to. So the basic idea is that not even two of the top three scorers have a right to the appointment/promotion.

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