City of Dothan Personnel Board v. Harrison

Section 14(b) of the Civil Service Act provides in part that “[vacancies other than entry level positions shall be filled by promotion insofar as practicable.” (Emphasis added.) There is absolutely no requirement that the City promote only from its pool of in-house employees. The City presented to the Board evidence indicating that the 11 applicants in its in-house applicant pool were only “minimally qualified” for the position; thus, there was substantial evidence before the Board indicating that the City had properly resorted to the open competitive list. In Mobile County Merit System…