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ARTICLE IX REHIRE, REINSTATEMENT, TENURE, AND STATUS Section 1 - Rehire Paragraph 1. The following persons who have resigned while in good standing or who have been separated from city employment for reasons other than for cause are eligible for rehire, if certified by the Human Resource Director to meet the current minimum qualifications for the class of position for which the former employee is being appointed: A probationary employee shall be eligible for rehire in the former class of position with temporary or probationary status. A regular employee shall be eligible for rehire with temporary, seasonal, probationary , or regular status, such status being at the option of the Department/Division Head. A temporary employee shall be eligible for rehire in the former class of position with temporary status. Section 2 - Reinstatement Paragraph 1. A regular or probationary employee on leave of absence without pay shall be eligible for reinstatement to the former status and class of position in the department without regard to other provisions of these regulations. A regular employee may be reinstated to a position having a different job classification than that of the position formerly occupied, if certified by the Human Resource Director to meet the current minimum qualifications for the class of position to which the former employee is being appointed. Section 3 - Tenure of Office Paragraph 1. The tenure of office of every regular employee shall be during good behavior and the satisfactory performance of duties as recorded by performance ratings in accordance with Article XIII of these regulations. This provision, however, shall not be Rev 11/99 - 30 - ---PAGE BREAK--- interpreted to prevent the separation of an employee for cause, or the separation of an employee because of the lack of funds or curtailment of work, or the operation of a retirement program when made in accordance with these regulations, or the separation of a probationary employee without hearing or appeal except where discrimination is alleged. Section 4 - Retirement Paragraph 1. At their discretion, employees, may choose to retire any time after they are eligible under provisions of the retirement act. Unless otherwise provided by Utah law, any officer or employee who desires to retire shall serve a written notice declaring that intent upon the appointing authority. Section 5 - Like Penalties for Like Offense Paragraph 1. In cases involving dismissals for cause and other punishments, like penalties shall be imposed for like offenses. Section 6 - Acting Capacity Limited to Six Months Paragraph 1. No persons shall fill a position in acting capacity for longer than a six month period. Section 7 - Career Service Status Retained Without Further Examination Paragraph 1. An employee of a City department who has attained Career Service status under the provisions of these Rules and Regulations, shall retain such status without further examination. Rev. 11/99 - 31 -