5-107: Provisional Appointments

Purpose

The purpose of this policy is to establish criteria for approval and provide direction and guidance to all Sacramento County (County) agencies and departments regarding the use of provisional appointments.

Authority

•  County Charter, Section 71-F(d) – Selection 
• Sacramento County Civil Service Rule 7.5 – Provisional Appointments 
• Sacramento County Civil Service Rule 7.6 – Limitation on Provisional Appointments ​

Scope

This policy applies to provisional appointments made within County. ​

Policy

Pursuant to the Civil Service Rules, provisional appointments shall be held to a minimum and utilized in those circumstances where a provisional appointment is the most viable option. A provisional appointment is defined as the appointment of a qualified person to fill a position for which there are less than three persons available for appointment from the eligible list or if no re-employment or eligible list exists. To be provisionally appointed, a person must meet the minimum qualifications for the classification. 

The Director of the Department of Personnel Services (DPS) may authorize the use of a provisional appointment. A provisional appointment is effective the date on which DPS authorizes appointment. 

Provisional appointments are authorized when all of the following apply: 

• A position is vacant and authorized to be filled. 
• An eligible list for the job class does not exist or if one exists, it has fewer than three eligible candidates. 
• There is no reemployment list for the job class. 
• There is an urgent need to fill the position to prevent negative impacts to business operations. 
• Other alternatives, such as Out-of-Class assignments or temporary re-assignments, are not viable. 

Departments requesting the use of a provisional appointment must provide a justification to the DPS-Employment Services unit addressing each of the following: 

• Explanation of urgency – why waiting for the new eligible list is not an option. 
• Explanation as to why other options/alternatives are not viable options. 
• Negative consequences to business operations if the request is not approved. 
• Selection – who is being selected and how/why they were selected. 

In submitting a request for a provisional appointment, the requesting Department acknowledges that, if approved, the provisional appointment is a temporary appointment and a permanent appointment must be made from the eligible list, once established. 

Use of provisional appointments is not a substitute for the competitive, merit-based hiring process. Upon establishment of the eligible list, Departments are expected to conduct a fair and equitable recruitment process prior to making a selection. 

Termination of Provisional Appointment

Provisional appointments shall terminate when one of the following occurs: 

1. 20 calendar days following the establishment of the eligible list for the class for which the person was provisionally appointed, or
2. Following completion of five (5) months and 29 days worked in the provisional appointment. 

Termination of the appointment shall take effect on whichever date comes first, unless otherwise approved by the Civil Service Commission in advance. 

The Department and/or appointee may also terminate the provisional appointment at any time. 

Right of Return

Employees have a right of return to their former classification provided that they obtained permanent status in their former appointment and there is no gap in service between the former position and the provisional appointment. 

Departments appointing an employee with permanent status to a provisional appointment are expected to coordinate, prior to making the provisional appointment, with the employee’s current department regarding the employee’s right of return. 

Extensions

Extensions must be approved in advance by the Civil Service Commission (CSC). Departments should contact DPS regarding provisional extensions. 

Establishing the New Eligible List

Priority is given to establishing eligible lists for classes in which provisional appointments have been authorized. The DPS must administer an examination and establish an eligible list within five (5) months and 29 days of the provisional appointment. 

Provisional Appointments to Temporary or Limited-Term Positions

Provisional appointments to temporary positions are authorized for a maximum of five (5) months and 29 days. Temporary provisional appointments are terminated on the expiration date of the position or on the expiration date of the appointment, whichever comes first.​​