Provisional Appointment
San Diego Municipal Code § 23.0806
in effect§23.0806 Provisional Appointment
(Rule VII, Section 5 of the Rules of the Civil Service Commission)
(a) When it is urgent that an immediate appointment be made to fill a vacant position and less than the appropriate number of names are available for selection from the eligible list, any person approved by the Personnel Director may be appointed provisionally to fill the vacancy until an appropriate eligible list has been established. In no case shall a provisional appointment continue longer than 60 calendar days, nor, shall there be successive provisional appointments of the same person.
(b) With the approval of the Personnel Director, and subject to limitations set forth in section 23.0806(c), any person who has retired from the City service may be appointed provisionally to a position requiring special skills or knowledge, as determined by the Appointing Authority, for a period not to exceed 720 hours in any one fiscal year.
(c) The 720 hours per fiscal year limit in subsection (b) does not apply to any retired person who is provisionally appointed to the City’s Chief Operating Officer position. A provisionally appointed Chief Operating Officer is not authorized to work in excess of 40 hours per workweek.
(d) The removal of the 720 hours per fiscal year limit for a provisionally appointed Chief Operating Officer shall remain in effect until July 1, 2022, at which time subsection (c) shall be automatically repealed unless an extension is approved by a majority vote of the City Council.
(e) The City will not appoint a retired person as a provisional employee under subsection (b) if the retired person received unemployment insurance compensation arising out of prior employment as a provisional employee under subsection (b). The eligibility for provisional employment under subsection (b) will be reviewed on a regular basis.
(Amended 8–12–1985 by O–16492 N.S.)
(Amended 7-19-2016 by O-20681 N.S.; effective 8-18-2016.)
(Amended 4-14-2021 by O-21303 N.S.; effective 5-14-2021.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art03Division08.pdf#page=3Fetched: 10/28/2026