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into the temporary or provisional position." Chief Viola noted the probationary period is contractual. Mr. Cummings explained he has a problem with civil service having this requirement, because it is contractual with management and labor, which is something the commission does not have any control over. He agreed to talk to the law director about the possibility of revising the handbook so as not to include the probationary requirement. Chief Viola explained, he understands the law director's opinion, but does not fully agree with the suggestions. He elaborated that what is in the rules is the rules until they are changed, and stated the law department is suggesting changes. Mr. Cummings stated, the way he interprets the rules, the whole section is saying that testing is required if the probationary period is not completed. Chief Viola argued, the way the book is written, there are two main topics (A and B page 28-29), because Tammy Farris qualifies under A, there is no need to go to letter B. He noted, the suggestion is that A and B should be combined, but the way the book is written they are two separate items. Commissioner Cummings noted the entire thing is under temporary and exceptional appointments, and therefore you must address every paragraph and subparagraph. Mr. Cummings explained that we are in the process of getting a budget together for next year, and did not expect to give this exam until May as the money is not likely to be transferred right away. Chief Viola explained, Personnel Director Wilamosky informed him that, if the exam is not given within 90 days she will only be required to pass the test and will not be required to rank. He asked the commission if this is true. Mr. Cummings stated that this may have been done in the past, but the handbook was revised. Commissioner Zolar questioned if Mr. Wilamosky has received a copy of the revised handbook. The secretary checked and his name is on the memo for receiving a handbook. Mr. Cummings reiterated, he would like to speak with the law director to determine if the probationary period belongs in the handbook. If the probationary period is removed from the handbook, and the test is not administered within six months from the original appointment, Tammy Farris will not be tested. There will be further discussion after Mr. Cummings has discussed the probationary period requirement with the law director. Chief Viola asked to be notified of the results, as soon as possible. The secretary will search the handbook for any 90 day requirement and check if the probationary period is mentioned elsewhere in the handbook. Mr. Cummings noted, if the probationary period is eliminated, and management takes advantage of the 6 month rule, the commission reserves the right to change the rule. Commissioner Zolar agreed that further research should be done on the probationary period requirement. Chief Viola wondered if this change would be in conflict with state law. In response, Mr. Cummings stated, the commission is not going to make any kind of decision on the probationary period until after he discusses it with the law department. Mr. Cummings would like the handbook updated according to Dubelko's recommendations before the next meeting. Chief Viola clarified, Mr. Dubelko recommended taking B -2-e and making it C instead. Mr. Cummings will discuss the arrangement of paragraphs in the handbook, with the law department, before the next meeting. Chief Viola suggested possibly having the law department write it up so that there are not any loop holes. No changes are to be made to the handbook until after this is discussed with the law department. The commissioner's wondered if this probationary period appears elsewhere in the civil service handbook, and if those sections would also have to be updated to prevent loop holes. The secretary agreed to research that and will report on it at the December meeting.