If there is an open position, is the city required to post the opening or can it be filled without anyone’s knowledge? Also, if it’s a promotional job, don’t they have to “hire from within?”
Most public agencies have rules about how positions will be filled through a competitive process. But there’s very little external law about how this process should work. The rules vary from place to place and are usually found in your Civil Service Rules or Personnel Policies, which are negotiable.
Some agencies have language requiring that promotional positions be filled from within before they can be open to the public. There are usually specific criteria about how many “inside” applicants must apply in order to make this a “promotional only” process. Others don’t address it at all. When it comes to posting, almost all cities have rules requiring that the job opening be advertised, either internally or to the public, before they can be filled. If your employer fails to do this, the practice is grieveable.