Code of Alabama
Division 5 - Personnel System.
Section 45-51A-32.115 - Appointment to Vacant Positions.

(a) Appointments to vacant positions in the competitive or classified service shall be made in accordance with the rules established hereunder and from employment lists resulting from competitive examination, or by promotion, transfer, demotion, or reinstatement. Appointments shall be made by the governing body of the county or municipality, or by the officer in whom the power to make appointments is vested by law.
(b) If appointment is to be made from employment or promotional lists, the names of persons willing to accept appointment shall be certified by the personnel director in the order in which they appear on the lists. The number of names certified shall exceed by four the number of vacancies to be filled.
(c) In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position, provided, however, that an employment list shall be established for such position within 90 days. No person shall be employed under temporary appointment for a total of more than 90 days in any fiscal year. In the event of emergency, the appointing power may appoint such persons as are required to meet the situation but such appointment shall not exceed 30 working days, except in case of a war emergency so declared by an act of Congress, such appointments may continue until the termination of such emergency.
(d) No credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists, for service rendered under a temporary appointment.
(e) During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion, or dismissal of any employee, the vacancy created may be filled by the appointing power only by temporary appointment.

Structure Code of Alabama