Sec. 37.103. - Procedures involving vacancies in certain appointed positions.

(a) Whenever a vacancy occurs for any reason whatsoever in a position appointed by the Sheriff and confirmed by the Council, the Sheriff may designate in writing a qualified person to assume the powers and duties of the vacant position in one of two capacities: interim or acting. (b) An "Interim" employee is designated with the intention of being a temporary replacement to the vacant position before, and until, an "Acting" employee is designated according to paragraph (c) below. Legislation is not required or involved in designating an employee as an "Interim" employee, and "Interim" employees shall not be required to possess any residency, experience or other qualifications necessary for the permanent official. Such an employee shall be known as and designated as "Interim" before the name of the position which is being filled. The Sheriff may make such "Interim" designation at any time prior to the expiration of, and for a period no longer than, 90 days from the date on which the vacancy occurred. Upon the expiration of the 90-day period, no person may be designated to assume the powers and duties of the vacant position in an "Interim" position. While a position is filled by an "Interim" employee pursuant to this Section: (1) The "Interim" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position on a temporary basis, which powers and duties shall be in addition to the employee's existing powers and duties; (2) The "Interim" employee shall, upon the Sheriff's designation of the employee as "Interim" and while the employee is functioning in the "Interim" position, receive an appropriate increase in compensation as directed by the Sheriff. The compensation for an "Interim" employee shall not exceed the maximum of the pay range of the "Interim" position being filled. Under no circumstance shall the "Interim" employee receive compensation for both the employee's regular position and the "Interim" position; and (3) All correspondence related to such position shall carry the designation of "Interim." Any person serving in an "Interim" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Sheriff designates an "Acting" employee for the same position, pursuant to the procedures outlined in this Section. (c) An "Acting" employee is identified with the intention of being the permanent replacement to the vacant position. In order to be considered an "Acting" employee, legislation confirming the Sheriff's designation must be submitted for Council approval immediately following the Sheriff's designation. Such an employee shall be known as and designated as "Acting" before the name of the position which is being filled until the appointment to such position has been confirmed by the Council. While a position is filled by an "Acting" employee pursuant to this Section: (1) The "Acting" employee shall be authorized automatically and immediately to exercise and perform the powers and duties of the vacant position; (2) The "Acting" employee shall, upon the Sheriff's designation of the employee as "Acting," receive compensation at the appropriate level within the pay range of the position, commensurate with education and experience, as directed by the Sheriff; and (3) All correspondence related to such position shall carry the designation of "Acting." Furthermore, any person serving in an "Acting" capacity shall not continue to act in such capacity, or continue to receive compensation for acting in such capacity, if the Sheriff or the Council withdraws or denies the bill confirming such appointment. (Ord. 77-997-544, § 2; Ord. 83-591-400, § 1; Ord. 2023-302-E , § 1) Note— Former § 24.114.