(1) Pending the availability of an eligible list determined by the state personnel
director to be appropriate for a class, the appointing authority, with the prior approval
of the state personnel director, may fill a vacancy for a permanent position by temporary
appointment of a qualified, certified employee in accordance with the promotional
policy established by the board. In the absence of such an eligible employee, temporary appointments of qualified
persons may be made from without the state personnel system. A temporary appointment shall not exceed nine months in length, except for personal
services contracts as permitted by part 5 of this article. An appointing authority must wait at least four months between temporary appointments
for the same position that are made pursuant to this subsection (1). If the vacancy is for a permanent position, an eligible list shall be established
within the nine-month period following the temporary appointment.
(2) The state personnel director may, by rule, authorize principal department heads
and presidents of colleges and universities to employ persons from outside the state
personnel system on a temporary basis while an eligible list is being provided or
in emergency or seasonable situations nonpermanent in nature, but in each case the
period of employment shall not exceed nine months, except for personal services contracts
as permitted by part 5 of this article.
(3) Temporary appointees from outside the state personnel system shall have none of
the protection of tenure afforded by this part 1 to certified employees.
(4) In case of emergency threatening the public health, welfare, or safety, a temporary
appointment may be made without prior approval of the state personnel director, but
such appointment may not continue without such approval for more than fifteen days.
(5) Except as provided in subsection (4) of this section, the prior approval of all
temporary appointments to permanent positions shall be obtained from the state personnel
director before such temporary appointments are made. The director may not delegate the authority to approve such temporary appointments. If any such appointment is made before the prior approval of the director is obtained,
the appointment shall be considered void from the beginning and the person appointed
to such position shall be immediately terminated.
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