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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mike Newbry, Civil Service Chief
Examiner
Subject: Revised Civil Service Rules
Dept: Civil Service
Date: April 26, 2005
MlCC Meeting Date: May 16, 2005
Synopsis of Previous Council Action:
4/25/05 Recommended for approval by the Personnel Committee.
Recommended Motion:
Adopt revised Civil Service Rules
Contact person: MikA NAWhr:y
phnnA' ~nnA
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(AlY't flAfU'riptinn)
Finance:
Council Notes:
sll'/fJS'.
Agenda Item No. ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Revised Civil Service Rules
Background:
The Civil Service Rule revision process was initiated by the Civil Service Board in 2001. In
February 2002, in response to the Civil Service Board's request for input on Rule changes, the
Mayor fonned a Management Committee to make recommendations regarding Civil Service
Rule revisions. In May 2002, the Civil Service Board also fonned a Rules Committee to work
on the project and in October 2002, a summary of the changes was submitted to the Chief
Examiner and subsequent meetings were held to discuss those suggested changes.
In late 2002 and early 2003 the Civil Service Board had several discussions regarding the
proposed changes to the Rules. In July 2003 a draft of the revised Civil Service Rules was
provided to the Human Resources Department to initiate the meet and confer process with the
employee groups. That process began in the Summer of2003 and took approximately one year
to complete. In September 2004, following the meet and confer process, the Human Resources
Department forwarded a copy of the Rules to the Civil Service Board for their consideration
and/or approval.
At the March 22, 2005 Civil Service Board meeting the Civil Service Board and representatives
from City Administration, Human Resources and the ParksIRecreation and Community Services
Department discussed and the Board voted on and approved the revisions to the Civil Service
Rules. The Chief Examiner was instructed to have the newly agreed upon Rules ready to go
before the Council Personnel Committee meeting which was held April 25, 2005. Following a
discussion at that meeting, the Council Personnel Committee made and approved a motion to
advance the proposed changes to the Civil Service Rules to the Mayor and Common Council for
their consideration.
Financial Impact:
None
Recommendation:
That the revised Civil Service Rules be adopted.
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CIVIL SERVICE
RULES AND REGULATIONS
FOR
THE CLASSIFIED SERVICE
CITY OF SAN BERNARDINO, CALIFORNIA
April 2005
Charter Section 250. The Civil Service Board, subject to the approval of the Mayor and
Council, shall adopt, amend and enforce a code of rules and regulations, providing for
appointment and employments in all positions in the classified service, based on merit,
efficiency, character, and industry, which shall have the force and effect of law; shall
make investigations concerning the enforcement and effect of this article and of the rules
adopted.
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CHAPTER 1
CHAPTER 2
CHAPTER 3
TABLE OF CONTENTS
Dermition of Terms
Page 5
Page 9
Rules Affecting the Organization and
Operating Procedures of the Civil
Service Board
Rule 200
Rule 201
Rule 202
Rule 203
Rule 204
Rule 204.1
Rule 204.2
Rule 204.3
Rule 204.4
Rule 205
Election of Officers
Time and Place of Meeting: Quorum
General Delegation to Chief Examiner
Duties of the Chief Examiner
Reports and Records
Roster of Employees
Reports of Changes
Confidential Nature of Records
Destruction of Records
The Competitive Class
Rules Affecting Applicants and Candidates
Page 13
Rule 300
Rule 301
Rule 302
Rule 303
Rule 304
Rule 305
Rule 306
Rule 307
Rule 308
Rule 308.1
Rule 308.2
Rule 308.3
Rule 308.4
Rule 308.5
Rule 308.6
Rule 309
Rule 310
Rule 311
Rule 312
Rule 313
Rule 314
Rule 315
Rule 316
Rule 317
Announcement of Examinations
General Requirements
Medical and Physical Standards
Other Entrance Requirements
Applications
Qualification and Disqualification
Time and Place of Examination
Participation in Tests
Content of Examination
Written Test
Oral Test
Performance Test
Medical Test
Physical Test
Experience and Training
Waiver of Disability
Conduct of Examination
Scoring and Standards
Promotional Examinations
Inspection and Appeal
Veteran Preference
Eligible List
Notification of Results
Qualifications for Other Government Employees
2
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CHAPTER 4 Rules Affecting Eligible Lists and Eligibles Page 21
Rule 400 Information Required from Eligibles
Rule 401 Kinds of Lists and Order of Use
Rule 401.1 Re-employment Lists
Rule 401.2 Promotional Lists
Rule 401.3 Eligible Lists
Rule 401.4 Transfer Lists
Rule 402 Requisition
Rule 403 Certification
Rule 404 Effect of Tie Scores
Rule 405 Waiver
Rule 406 Use of Appropriate List
Rule 407 Provisional Appointment
Rule 408 Appointment
Rule 409 Term of List
Rule 410 Combination of Lists
Rule 411 Disqualification and Removal
Rule 412 Restoration of Names to Eligible List
Rule 413 Emergency Appointment
Rule 414 Oath
Rule 415 Assignments
Chanter 5 Rules Affecting Employees Page 28
Rule 500
Rule 500.1
Rule 500.2
Rule 500.3
Rule 501
Rule 502
Rule 502.1
Rule 502.2
Rule 503
Rule 504
Rule 505
Rule 506
Rule 507
Rule 508
Rule 509
Rule 510
Rule 511
Rule 512
Rule 513
Rule 513.1
Probationary Appointments
Objective of Probation
Removal During Probation
Rejection After Promotion
Career Appointments
Non-Career Appointments
Transition from Non-Career to Career Appointment
Transition from temporary agency, private
contractor to Career Appointment
Seasonal Appointments
Provisional Appointments
Appointment to Unclassified Service
Continuity of Service
Unauthorized Absence; Resignation from Service
Promotion
Transfer
Voluntary Demotion
Reduction in Force
Summary Suspension
Disciplinary Actions
Causes
3
CHAPTERS
(Continued)
CHAPTER 6
Rule 513.2 Charges to be flIed
Rules Affecting Employees
Rule 513.3
Rule 513.4
Rule 513.5
Rule 514
Rule 515
Rule 516
Rule 516.1
Rule 516.2
Rule 516.3
Rule 516.4
Rule 516.5
Rule 516.6
Rule 517
Rule 518
General Rules
Rule 600
Rule 601
Rule 602
Rule 603
Rule 604
Rule 605
Rule 606
Rule 607
Rule 608
Reply
Hearing
Decision
Resignation
Reinstatement
Political Activities
Participation in Campaigns for Elective Office
Solicitation for Political Funds
Permitted Solicitation
Prohibition of Entry for Prohibited Solicitations
Use of Officilil Authority for Political Purposes
Political Activity While in Uniform
Incompatible Employment
Residence
Page 41
Cooperation by Others
Investigation; Subpoena Power
Payroll Certification
Enforcement; Penalty for Violation
Meaning of Headings
Validity and Separability
Repeal of Conflicting Rules
Amendment
Effective Date
4
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CIVIL SERVICE RULES AND REGULATIONS
FOR
THE CLASSIFIED SERVICE
CITY OF SAN BERNARDINO
CHAPTER 1
DEFINITION OF TERMS
Rule 100
Definition of Terms
For the purpose of these rules, certain words and phrases shall be
construed as herein set forth unless it is apparent from the context that a
different meaning is intended.
Rule 101 "Allocation" means the placing of a position in its proper class based
upon duties performed and authority and responsibilities exercised.
Rule 102 "Appointment" means the designation of a person by due authority to
become an employee in a position and the person's induction into
employment in such position, as provided in these rules.
Rule 103 "Appointing Power" means the officers of the City who as individuals, or
as a Commission or Common Council, have the final authority to make
the appointment to a position to be filled.
Rule 104 "Board" means the Civil Service Board established by the City Charter.
Rule 104.1 "Certify" means review and verify that the matter is in compliance with
the Civil Service Rules.
Rule 105 "Charter" means the City Charter of the City of San Bernardino.
Rule 106
"City" means the City of San Bernardino, California
~-
Rule 107
"Class" means a group of positions enough alike in duties, authority and
responsibility to permit grouping under a common title, and the use of
common standards of selection, transfer, promotion and pay.
Rule 108
"Classified Service" means all positions and employments in the City,
which are not specifically included in the Unclassified Service by the
Charter.
5
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Rule 109
Rule 110
Rule 111
Rule 112
Rule 113
Rule 114
Rule 115
Rule 116
Rule 117
Rule 118
Rule 119
Rule 120
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"Competitive class" has the meaning given it by Section 248 of the
Charter.
"Council" means the Common Council of the City of San Bernardino.
"Demotion" means a change in employment status from one class to
another class having a substantially lower range of pay.
"Department Head" means the person designated by lawful authority to
direct the activity of a department or other recognized separate office or
agency of the City government.
"Eligible" means a person whose name is on a re-employment list,
promotional list or eligible list and who is not ineligible for appointment
for any reason.
"Eligible List" means a list of persons who have qualified for
appointment to any position in a class in the classified service, listed in the
order provided in these rules, subject to the preferential provisions of
Section 249 of the Charter.
"Emergency Employee" means an employee whose services are required
in case of an emergency not exceeding 15 days.
"Examination" means a test or group of tests and evaluations used to
determine the eligibility and rank candidates for employment in a class.
"Labor class" has the meaning given it by Section 248 of the Charter.
"Permanent position" means any position in the classified service which
requires or is likely to require the service of an iI).cumbent without
interruption for an indefinite period exceeding six months. "Permanent
appointment" shall mean appointment to a permanent position.
"Permanent employee" means any employee holding a permanent
position.
(Amended by CS-22, October 9, 1973: Council Ordinance No. 3387,
November 5, 1973.)
"Position" means any office or employment in the classified service,
whether occupied or vacant.
"Probation period" means a working test period not to exceed one year
during which an employee is required to demonstrate fitness for the class
to which appointed by actual performance of the duties of the position.
(Amended by CS-26, November 23, 1982; Council Ordinance No. MC-
230, December 20,1982).
6
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Rule 121
Rule 122
Rule 123
Rule 124
Rule 125
Rule 126
Rule 127
Rule 128
Rule 129
Rule 130
Rule 131
Rule 132
Rule 133
"Probationary Status" means the status of any employee who has been
regularly appointed from an eligible list but who has not completed the
probationary period provided in these rules.
"Probationer" means an employee who has probationary status.
"Promotion" means a change in employment status from one class to
another with a substantially higher range of pay.
"Promotional Examination" means an examination in which
competition is limited to regular employees in specified lower classes in
the classified service.
"Promotional List" means an eligible list resulting from a promotional
examination.
"Provisional employee" means an employee who has provisional status.
"Provisional Status" applies to an employee who has been appointed to
fill a position for which no eligible list exists and which is limited as
prescribed in these rules.
"Re-employment list" means a list of permanent or probationary
employees who have been laid off for lack of work, lack of funds or other
causes not involving fault or delinquency on their part, or who have
resigned and have been permitted to withdraw their resignations to permit
their re-employment.
"Regular employee" means an employee who has successfully completed
the probationary period and has been retained as provided in these rules.
"Seasonal position" means a full-time or part-time position that requires
or is likely to require the services of an incumbent during certain parts of
the year, or recurring annually, or at other periods.
"Suspension" means the temporary separation of an employee from the
service without pay for disciplinary purposes.
"Temporary position" means any position in the classified service which
requires the services of an incumbent for a limited period only, or a
permanent position which can be filled only on a temporary basis pending
the return of a regularly appointed employee who is on authorized leave.
"Test" means any written, oral, performance or physical exercise or any
appraisal of training, experience, work history or other means by which
7
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Rule 134
Rule 135
Rule 136
Rule 137
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the relative qualifications of applicants are evaluated for the purpose of
determining their flIftlE placement on an eligible list.
"Transfer" means a change of an employee from one position to another
position in the same class or in another class having similar duties,
essentially the same range of pay and similar employment standards.
"Uncompetitive class" has the meaning given it by Section 248 of the
Charter.
When words "Officer", "Employee", "Employees", "Appointee", or
"Service" appear herein, they shall be deemed to refer to the classified
service unless otherwise indicated.
When the word "Personnel" or "City Personnel" appear herein, they
shall be deemed to refer and be limited to the "Civil Service Program"
only.
8
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Rule 200
Rule 201
Rule 202
Rule 203
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CHAPTER 2
RULES AFFECTING mE ORGANIZATION
AND OPERATING PROCEDURES OF
THECnnLSER~CEBOARD
Election of Officers
The Board shall annually elect one of its members chairman and one as
vice-chairman. The Board shall appoint a Chief Examiner, to serve at the
pleasure of the Board, who shall perform the duties prescribed by the
Charter, by these rules or by appropriate action of the Civil Service Board
or the Mayor and Council. (See Charter Sections 246, 247, and 250).
Time and Place of Meetin2 - Ouorum
The Board shall establish and announce a fixed schedule of regular
meetings to be held not less than once each month, and may hold special
meetings at the call of the Chairman or a majority of the members of the
Board.
General Dele2ation to Chief Examiner
Subject to provisions of the Charter and these rules, the Board hereby
delegates to the Chief Examiner the authority to administer the Civil
Service program herein provided. Any action of the Chief Examiner taken
as agent for the Board may be appealed to the Board within 10 days after
its effective date.
Duties of the Chief Examiner
Subject to the provisions of Rule 202, and under the general supervision of
the Board, the Chief Examiner shall plan and direct the staff engaged in
administration of the City's Civil Service Program; shall maintain all
necessary records relevant thereto; shall determine from the department
heads the ways in which the personnel program can better serve their
needs and recommend appropriate actions to the Board; and perform other
duties generally consistent with the position as may be assigned by the
Board.
9
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Rule 204
Reports and Records
The Chief Examiner shall require and render such reports and keep such
records as he fiBas determined necessary to administer the Civil Service
system, including but not limited to the reports and records required by
rules 204.1 through 204.4.
Rule 204.1 Roster of Emplovees
The Human Resources Department shall make available to the Chief
Examiner and the Chief Examiner shall maintain a record for each
employee in the service of the City showing the name, title of position
held, the department to which assigned, changes in employment status and
such other information as may be found pertinent to provide a complete
record of employment.
Rule 204.2 Reports of Chanl!es
The Chief Examiner shall prescribe methods by which he will be to be
informed of every appointment, transfer, promotion, demotion, and other
temporary or permanent changes in the status of employees which are
necessary to maintain a full and accurate record of employment and to
insure observance of charter provisions and of these rules.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
Rule 204.3 Confidential Nature of Records
All Civil Service records shall be considered confidential in nature and
may be made available to applicants, candidates and employees, and to
appointing powers or the public only for limited purposes and in
accordance with specific procedures to be established by the Board on
recommendation of the Chief Examiner.
Rule 204.4 Destruction of Records
The permanent or temporary records of the Board shall be preserved but
may be destroyed by the Chief Examiner with the consent of the Board
and the City Attorney under the terms and conditions prescribed by law.
Rule 205
The Competitive Class
(a) All positions in the classified service shall be regarded as being in the
competitive class, as that term is defmed by may be defined in Section
248 of the Charter, unless the Board, after considering the
10
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recommendation of the department head affected and the Chief Examiner,
shall determine that any position shall either temporarily or permanently
be placed in the uncompetative class or the labor class as those terms are
defined in Section 248 of the Charter. The reasons supporting such
recommendations and the findings and decisions of the Board shall be
entered fully upon its minutes.
(b) In order to implement the provisions of Public Law 92-54, known as
the Emergency Employment Act of 1971 or other like federal law, and
because of the peculiar and exceptional qualifications required for
eligibility for funds to provide employment under said act or law, each
and every position within the classified service of the City funded by
said act or law shall be a temporary position with the same title and in
the same number of positions as set forth in the appropriate resolution
of the Mayor and Common Council. Each such temporary position
shall terminate by the processing of appropriate personnel action forms
either (a) on or before June 30, 1974, or (b) whenever there are no
longer sufficient funds available from the Unites States Government to
provide compensation to the employees in such temporary positions.
Each applicant for said temporary position shall meet the eligibility
requirements of the Civil Service Board and the requirements of said
act or law. No person employed in such temporary position shall
receive permanent appointment as a result of temporary
employment, and shall accrue no seniority in any classified position
by virtue of said temporary employment. Each employee occupying
such temporary position shall be entitled to and shall accrue the same
vacation, permitted absence, sick leave, worker's compensation,
retirement and health and life insurance benefits that apply to
permanent positions in similar classifications in the classified and
unclassified positions whenever such examinations are given, so that
many of the temporary employees may be eligible to gain appointment
to an existing position in the classified or unclassified service and
remain in the employ of the City after said temporary positions are
terminated.
(c) The Civil Service Board may require an examination in order to
qualify any full time temporary employee, whose position is funded
pursuant to sub-rule (b) of this Rule, for a permanent position in the same
or comparable class or for a permanent promotional position. Such
examinations may be closed to said temporary employees, to a
department, or to a class. Applicants who successfully pass the
examination and are qualified may be appointed or transferred in
preference to eligibles on any other list, except the re-employment list.
Such qualifying examinations may be used for creating eligibility or
promotional lists or for transfers.
11
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
12
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Rule 300
Rule 301
Rule 302
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CHAPTER 3
RULES AFFECTING APPLICANTS AND CANDIDATES
Announcement of Examinations
All examinations for classes in the classified service shall be announced
on official bulletin boards and in such other manner as the Chief Examiner
and affected departments find advisable and necessary to attract the
largest number of qualified candidates. Such announcements shall be
made sufficiently in advance of the time for the last receipt of applications
that qualified candidates can be fully informed and have ample
opportunity to submit their applications. The official bulletin shall specify
the title and pay range for the class for which the examination is
announced; the nature of the work to be performed; qualifications
required; the time, place and manner of making application; the general
scope of the examination; the relative weights to be given to its several
parts and other pertinent information.
General Reauirements
Upon the recommendation of the Human Resources Department, the Chief
Examiner may recommend and the Board may establish and approve
recommended age and other general requirements appropriate to each
class for which examinations are held. No examination shall be closed to
any applicant or employee on account of color, race, religion, ancestry,
national origin, marital status, sex, age and physical handicap, except
where specific requirements constitute a bonafide occupational
qualification.
(Amended by CS-26, November 23, 1982; Council Ordinance No. MC-
230, December 20,1982).
Medical and Phvsical Standards
In the absence of any more specific requirement, all candidates in
examinations must be able to demonstrate that they are in good health and
physically able to perform all of the duties of the class to which they seek
appointment. The Board, after considering the recommendation of the
Chief Examiner, Human Resources Department and ef the department
heads affected, may prescribe for particular examinations any more
specific standards of health, height, weight, strength, agility, or other
standards of medical and physical fitness that it finds appropriate to insure
that those appointed will be fully able to discharge the duties of the
position, and to safeguard against injury on the job. Such standards, when
established, shall be included in the announcement of the examination.
13
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Rule 303
Rule 304
Rule 305
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Other Entrance Requirements
The Board after considering the recommendation of the Chief Examiner
and of the department heads concerned, may establish such other specific
requirements of education, experience, possession of licenses or
certificates or other standards of evidences of proficiency which it fmds
desirable to establish that applicants are fully qualified to perform the
duties of the class.
Applications
Applications for examination shall be made on forms provided by the
Chief BJaHBiaer by the City and approved by the Chief Examiner. Such
forms shall require information concerning experience, training and other
pertinent information required by the announcement of the examination,
and may require fingerprinting. Applications will be accepted by in-person
delivery, mail, electronic mail or any other means accepted by the City.
;\ll applieatieas !BRst be sigaee by the pers9a applyiag, All applicants will
be required to complete and sign an original City application form prior
to appointment, such signature to be affixed to a certificate under penalty
of perjury that all statements contained in the application are true.
Applicants who desire to apply for veterans' preference or any other
special preference or credit which may be allowed by Charter or these
rules shall submit proof of eligibility therefor at the time of filing
application, in such form as the Chief Examiner may prescribe. Unless
otherwise provided by the Board, no application will be considered in a
particular examination unless it is filed between the time the examination
is announced and the hour and date announced as the closing time for such
applications.
Oualification and Disqualification
The Chief Examiner shall approve an application and admit the applicant
to the examination whenever it appears that the applicant meets the
minimum requirements announced for admission to the examination. Such
acceptance of the application shall not, however, prevent the subsequent
disqualification of the candidate on a later finding that Be the candidate
does not meet some essential requirement. The Chief Examiner shall
reject any application which indicates on its face that the applicant does
not possess the minimum qualifications required by the announcement of
the examination, or it is obvious that Be the applicant is physically unfit
for the performance of the duties of the class. Rejected applications may
subsequently be accepted on a showing by the applicant that Be the
applicant does possess the necessary qualifications, provided that such
showing is made before the date of examination. An application may be
rejected on the finding by the Chief Examiner that the applicant is
14
Rule 306
Rule 307
Rule 308
addicted to the habitual excessive use of drugs or intoxicating liquors, or
has been convicted of a crime involving moral turpitude, or has willfully
made any false statements of any material facts, or has practiced or
attempted to practice any deception or fraud in his thelapplication. Notice
of the rejection of an application, with the reason therefor, shall be mailed
to the applicant.
Time and Place of Examination
The Chief Examiner shall notify each person whose application is
accepted of the time and place of examination, and shall require
presentation of such notice at the time of examination as an evidence of
authorization to participate. The examination shall occur as expeditiously
as possible following the closing date of the recruitment. The Chief
Examiner or any person designated by him the Chief Examiner to conduct
the examination may require evidence that the person presenting such
authorization is in fact the person to whom it was issued. In cases where
an applicant is unable to appear for a scheduled examination, there will
be no provision for a make-up examination.
Participation in tests
No person may participate in any phase of an examination unless his the
applicant's application shall have been accepted, and unless at each stage
of the examination Be the applicant shall have passed with the required
grade any preceding stages of the examination. Admission to subsequent
stages of an examination shall not bar the disqualification of the candidate
in earlier stages or the rejection of his the application in the event of
adverse information later coming to the attention of the Chief Examiner.
Content of Examination
."~s the Beam, after 6sasidenag the re6sRHReaaatieRS sf the ehief
EXanHRer, may tletermine The Chief Examiner and appropriate
Department Head will determine the types of exams used for a given class
or employment subject to approval by the Civil Service Board.
Examinations may consist of written, oral, performance, or physical tests
or any combination thereof, or any other forms or methods of evaluation
which will test fairly the qualifications of applicants for a given class of
employment. Examinations may include but not necessarily limited to the
tests set forth in rules 308J through 308.6.
Rule 308.1 Written Test
A written test may be used to measure the knowledge, abilities,
judgements, aptitudes or alertness of candidates, insofar as such traits are
15
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related to ability to perform the work in the class for which the
examination is being held.
Rule 308.2 Oral Test
An oral test may be used to evaluate the personal fitness, the experience,
the training and the knowledge, capacity and judgement of candidates. In
considering personal fitness it shall be appropriate to evaluate pertinent
personality traits, but such evaluation shall be done on a basis which is as
competitive as possible.
Rule 308.3 Performance Test
A performance test may be used to rate candidates on speed, accuracy or
other standards of performance in an actual demonstration of samples of
work in the class.
Rule 308.4 Medical Test
An examination by a competent examining physician may be required of
any candidate before or immediately after certification for appointment.
The Board may establish different physical or medical standards for
different types of work.
Rule 308.5 Phvsical Test
A physical test may consist of competitive exercises or events designed to
measure agility, strength, coordination or general physical fitness. Such
tests shall be in addition to the medical test.
Rule 308.6 Experience and Traininl!
Competitive evaluation may be made of the relevance, level, recency,
progression and quality of experience and education offered by candidates.
This may be done as a part of an oral test or by a review of records
submitted. Reports of superiors, former employers, educational
institutions and acquaintances, as well as the results of investigations, may
be considered in this process.
Rule 309
Waiver of Disabilitv
(Repealed by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5,1973.)
Conduct of Examination
Rule 310
16
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Rule 311
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The Chief Examiner shall be responsible for the conduct of all
examinations. The content of all examinations shall be subject to review
by the recruiting department. He The Chief Examiner shall arrange for the
use of public buildings and equipment for the conduct of tests and shall
render or secure such assistance as shall be required in connection with the
test, including the selection, appointment and use of boards of special
examiners when deemed desirable by him in any phase of the testing
process subject to lawful approval for the expenditure of any fund.
Members of such boards, if present city officers or employees, may serve
without additional compensation, otherwise, such special examiners may
be paid their reasonable expense and/or a daily fee at rates to be
recommended by the Board subject to the approval of the Mayor and
Common Council. The examination papers of candidates in written tests
shall be identified by number or in any other manner which will conceal
the identity of candidates until the scoring has been completed. The Chief
Examiner shall so conduct examinations that equal competitive conditions
are maintained as far as reasonably possible, and in that connection may
disqualify and reject candidates for any of the following reasons:
a. Possession in the examination room of any paper, book or
memorandum or of anything else which might be of use or
assistance in the examination, other than materials which
candidates have been directed to use.
b. Willfully copying, looking over the work of other
candidates, or attempting to do so, or permitting any
candidate to copy or look over any examination sheets or
materials in possession of another candidate.
c. Willfully attempting to reveal identity on any examination
paper except as instructed to do so by the examiner in
charge.
d. Tardiness in reporting for the examination unless admitted
by the examiner in charge for good reason; or leaving the
examination room before completing the test except with
the permission of the examiner in charge.
Scorine and Standards
The final score of a candidate shall be based upon all tests and evaluations
in the examination with the relative weights assigned to them in the
announcement. Failure on one part of the test or examination may be
grounds for declaring the candidate as failing in the entire examination, or
as disqualified for subsequent parts of the test. The Chief Examiner shall
17
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Rule 312
Rule 313
Rule 314
<_'""\."""",_,,,'._.;_:._._~c=._.__'=
score the examinations according to the passing mark established in the
announcement.
Promotional Examinations
Promotional examinations shall be conducted by the same methods and
standards as those for original entry into the service, except that they shall
be restricted to qualified employees in designated lower classes in the city
service, and the Board in announcing such examinations may establish
standards of performance in present service and may grant credit based on
the quality and length of such service. In announcing open examinations,
the Board may also specify the terms under which permanent city
employees in appropriate classes may qualify promotionally, including the
establishment, in the Board's discretion, of higher minimum scores for
promotion candidates than required for candidates on an open basis. In
such case, a permanent employee failing to meet the higher standard for
the promotional examination but obtaining the passing mark for the open
examination shall be placed on the open list. (See Charter Section 252)
Insoection and Aooeal
A keyed copy of the written test given in connection with an examination
shall be made available in the office of the Board for inspection by any
candidate taking the test, beginning on the second business day following
the giving of the test and continuing for five business days thereafter,
except that keyed copies of copyrighted or standardized tests will not be
available for review. The candidate, during the period of inspection
provided above, may appeal to the Chief Examiner in writing the
inclusion of any item or portion of the test or from the answer indicated as
correct for any item. The candidate shall state the item, page number and
the reason or authority in support of his the candidate's contention.
Thereafter, no further appeals will be accepted which are concerned with
the content of the test or answer. An appeal, which fails to set forth a
reason or authority for a protest, will not be considered. The Chief
Examiner shall make a ruling on each such appeal and the test papers shall
be scored according to his that decision, subject to the right of the
candidate to appeal to the Board within three days after notification of the
Chief Examiner's decision.
(Amended by CS-17, November 23, 1971; Council Ordinance No. 3226,
January 3, 1972).
Veteran Preference
A candidate claiming the preference granted by Section 249 of the Charter
shall so indicate and submit evidence in support of his the claim prior to
18
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Rule 315
Rule 316
Rule 317
hisfhef the examination, and failure to do so shall be deemed a waiver of
the preference. In establishing an eligible list, the Chief Examiner shall
grant preference, where claimed and proven, in accordance with the
provisions of the Charter.
The phrase "in time of war" as used in Section 249 of the Charter shall
constitute those periods of active during in the regular armed forces of the
United States of America for which the Federal Government grants
veteran preference. (see Charter Section 249)
(Amended by CS-13, May 20, 1969; Council Ordinance No. 2999, July 7,
1969)
Elilrlble List
Upon the completion of all phases of an examination, the Chief Examiner
shall establish an eligible list ranking the candidates according to their
scores in the various parts of the examination, and the relative weights
thereof, with credit for Veteran's Preference or any other preference or
credit authorized by the Charter or these rules.
Notification of Results
Each candidate taking an examination shall be given written notice of the
pass or fail results of his the examination or test. Each failing candidate
may inspect his seeriag their score sheet, beginning on the second
business day following the mailing of notice of test results, and continuing
for five business days thereafter. During this period, appeals in writing
will be accepted challenging the scoring of his answers on the grounds of
fraud or mistake, but a further appeal shall not be made challenging the
keyed test material, the content of the examination or the answers. The
Chief Examiner shall rule upon such appeals and the final score of the
examinee shall be made to conform to his that decision, subject to a right
of appeal to the Board within three days after notification to the candidate
of such decision.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
Qualifications for other Government Emplovees
Notwithstanding any provision in these rules to the contrary, a civil
service employee of the United States of America, a state or a public
agency may be exempted by the Civil Service Board from competitive
written and physical examinations for a comparable position and be made
eligible for employment with the City and placed on an eligible list subject
to the following conditions:
19
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IV
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1. He The person was duly qualified for his the position under
Civil Service Requirements of the United States of America,
the state, or public agency.
2. The City has a vacancy in a comparable position in a
comparable class in its classified service.
3. He The person shall possess specialized training and
experience relating to the duties of the position ffi for wftieft
his is te Be empleyeti application is made.
4. The Department Head, Civil Service Board, City
Administrator, Mayor and Common Council approve the
qualifications of such person for the comparable position.
5. Any further conditions which the Civil Service Board may
impose.
(Amended by CS-22, October 9, 1973; Council Ordinance No.
3387, November 5, 1973).
20
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CHAPTER 4
RULES AFFECTING ELIGIBLE LISTS
AND ELIGIBLES
Information Required from Elhrlbles
Rule 400
The Chief Examiner may require eligibles to provide information
concerning any limitations on the conditions under which they wish to be
certified, including whether of not they are available for temporary
employment and whether there are particular departments to which they
may wish not to be certified. Eligibles shall notify the Chief Examiner
promptly of any change in address. An eligible wishing not to be
considered for appointment during any part of the term of eligibility may
request to be placed on an inactive list. Inactive eligibles may be restored
to the active list, in their original relative position, at their request any time
during the term of the list.
Rule 401
Kinds of Lists and Order of Use
The kinds of eligible lists and the priority in which they shall be used shall
be as set forth in rules 401.1 through 401.4.
Rule 401.1 Re-emplovment Lists
A re-employment list shall be established for a class whenever any regular
or permanent employee has been laid off for lack of work or lack of funds,
or upon the abolishment of a position for any reason not involving the
fault or delinquency of the employee, and may also include the names of
permanent employees who have resigned and who have been permitted to
withdraw their resignation on the recommendation of the department head
and approval of the Chief Examiner. Names shall be arranged on a re-
employment list in the order of relative total length of probationary and
regular service in the class. Wherever a re-employment list exists for a
class, it shall take precedence over the promotional list and the eligible
list.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
Rule 401.2 Promotional Lists
Promotional lists shall be created as a result of promotional examinations
held by themselves or in conjunction with open examinations, and such
lists shall take precedence for any class over the eligible list for that class.
21
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Rule 401.3 EIi2ible Lists
Eligible lists resulting from open competitive examinations shall be used
when other lists having priority are not available.
Rule 401.4 Transfer Lists
The Chief Examiner may maintain lists of employees who wish transfers
to another department. When a vacancy occurs to which any regular or
probationary employee has asked for transfer, the Chief Examiner may,
with the consent of the two department heads concerned, arrange for such
transfer in preference to certification from any eligible list.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
Rule 402
Requisition
Whenever a vacancy exists the department head shall notify the Chief
Examiner on forms provided by lHm the Chief Examiner, which shall be
so designed as to provide all necessary information concerning the nature
of the vacancy.
Rule 403
Certification
Upon receipt of a requisition and after considering the possibility of
transfer of an employee already in the service, the Chief Examiner shall
certify to the department head fer his FeeemmeRdatieB fer 81'13eintfBeBt the
names of eligildes eligible candidates from existing lists for the class. In
the event of certification from a re-employment list, promotional list or
eligible list, the Chief Examiner shall certify the names of all successful
applicants for each vacancy. No certification from promotional or eligible
lists may be made until all of the names on a re-employment list for the
same class have been certified and the eligibles have either been appeiBted
er wai-leEi interviewed and appointed or interviewed/not appointed. In the
event that there are less than three persons qualified for certification for
the class in which the position belongs, the Chief Examiner with the
approval of the Board may certify less than three names for the position
under consideration, provided that the appointing power has consented
thereto.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
22
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Rule 404
Rule 405
Rule 406
Rule 407
,~~ -,
P'H""'"''"''~~'_'~',,~,,'''n'.'' ".-,,,,-,.,
Effect of Tie Scores
Eligibles having identical scores shall be placed on lists in alphabetical
order. Whenever the certification of names under the preceding rules
results in the certification of an eligible whose score is identical with
others on the list, all of the eligibles having the same score shall be
certified.
Waiver
Eligibles may waive certification upon glVlng satisfactory reasons in
writing to the Chief Examiner. Waivers must be filed within 10 working
days from the date of certification, and if accepted the name of the eligible
shall not be certified to any other appointing officer until the waiver has
expired or been withdrawn. An eligible may waive certification for
temporary appointment or may state the minimum salary or the particular
time or department of service for which the eligible wishes to be certified
and such waiver shall be automatically effective as to all certifications not
meeting necessary requirements.
(Amended by CS-26, November 23, 1982; Council Ordinance No. MC-
230, December 20,1982).
Use of Appropriate List
When the Chief BJt91Biner BRas ~at there is no re-employment list,
promotional list, eligible list or transfer list for a class for which a
requisition has been received, Be may in his mseFetien at the discretion of
the Chief Examiner, and upon the request of the recruiting department,
the Chief Examiner may use the list for any other class he may jiltd which
in the judgement of the Chief Examiner is nearly enough related to be
considered as appropriate, including lists established for similar
classifications in the Water Department or SBETA, upon approval of the
Chief Examiner. In such case the re-employment or promotional list for
such class shall be treated in the same way as though they were eligible
lists for such class to which certification is made. Any waiver made by an
eligible certified from an appropriate list shall be deemed to apply to that
particular certification only.
Provisional Appointment
In the event no eligibles are available for a vacancy, the Chief Examiner
may authorize the appointing power to make a provisional appointment.
The provisional appointee proposed by the appointing power shall meet all
of the requirements necessary for admission to the examination for the
class when it is subsequently held. No provisional appointment may
23
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Rule 408
Rule 409
.f1-
'~,._-
,., "",,,,,.. ;~..,J~"*~'J'W:"""""S ,
extend more than 1 0 days beyond the creation of an eligible list for the
class, nor may a provisional appointment in any case extend more than six
months from the date of appointment unless an extension is authorized for
an additional period of not to exceed six months by the Board.
Appointment
After interview and any investigation desired, the appointing power shall
make appointments from among those certified (or make a provisional
appointment when authorized), and shall immediately notifY the Chief
Examiner of the person or persons appointed. If the person appointed fails
to present himself for duty at the time and place agreed upon, he that
person shall be deemed to have declined the appointment and his the
person's name shall be removed from the eligible list, to be restored by the
Chief Examiner only upon showing of satisfactory reasons for his the
failure to appear. The action of the Chief Examiner shall be subject to
Rule 202 and 203.
(Amended by CS-26, November 23, 1982; Council Ordinance No. MC-
230, December 20,1982).
Term of List
(A) Open eligible lists shall remain in effect for a period of one year or
such shorter period as may be established by the Board at the time of
determining the examination procedure to be used for that particular
classification. An open eligible list shall not be established for a
period of less than six months, provided that a new eligible list may
be established in less than six months if the former list is exhausted
by either the appointment or removal pursuant to Rule 411, of all
eligibles on that list. An open eligible list may be extended by the
Board for an additional period of time not to exceed one year upon
the recommendation of the Chief Examiner or Department Head.
(B) Promotional eligible lists shall remain in effect for a period of two
years after the lists are established , unless the list is exhausted by
appointment or removal pursuant to Rule 411 of all eligibles on the
list. A promotional eligible list may be extended by the Board for an
additional period of time not to exceed two years upon the
recommendation of the Chief Examiner or the Department Head.
(C) The name of a person on a re-employment or transfer list shall
remain on that particular list for a period of two years from the date
the individual was placed on the list, unless sooner removed by
appointment or removal pursuant to Rule 411.
(Amended by CS-25, August 23, 1977; Council Ordinance No. 3676,
October 3, 1977).
24
'- ''i.V!'' --
Rule 410
Rule 411
-
<-,~~--
Combination of Lists
At any time during the life of an eligible list the Chief Examiner may add
names to the list through giving another examination. The names shall be
added and merged with the existing lists in order of final ratings of those
added and those already on the list.
DisQualification and Removal
Names of eligibles may be removed from eligible lists by the Chief
Examiner for any of the following:
a. Inability to communicate by mail within a reasonable time with the
eligible at their last reported address.
b. Conviction of a felony or of a misdemeanor involving moral turpitude.
c. Proof of fraud or false statements in the application, or proof of
fraudulent conduct in connection with an examination.
d. Permanent appointment to a position in the class for which the eligible
list was established or for which the list is deemed suitable by the
Chief Examiner.
e. Separation from the service for any cause of an eligible on a
promotional list.
f. Failure to appear or to arrange for an interview with an appointing
power within a reasonable time after notification of certification, or
failure to appear for work after appointment.
g. Declination of appointment without reasons satisfactory to the Chief
Examiner
h. Waiver of certification for a reason unsatisfactory to the Chief
Examiner.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
25
'IIN/
''':"~: . "fr-
Rule 412
Rule 413
-~ .7"
._~_.
Restoration of Names to Elieible Lists
Names which have been removed from eligible lists may be restored by
the Chief Examiner for the duration of the list for the following reasons:
a. Acceptance of the reason for waiver of certification which had
previously been rejected.
b. Acceptance of the reason for non-appearance for interview with the
appointing authority after certification.
c. Upon request of an employee dismissed during a probationary period,
if found by the Chief Examiner and the Civil Service Board to have
been without fault or delinquency on the employee's part.
Emereencv Appointment
Notwithstanding any other provision of these rules, any appointing power
may employ such persons as may be needed to meet an emergency created
by an extraordinary occurrence which threatens life or property. Such
appointments may not exceed 15 days and shall be reported to the Chief
Examiner as soon as the emergency conditions permit.
Rule 414 Oath
Rule 415
Upon appointment, each officer and employee shall take such oath of
offices as may be required by law or prescribed by the Council.
Assienments
The Chief of the Fire or Police Department may assign for a period not to
exceed 90 days any employee in his the respective department to a
position in a higher classification or rank during the absence of the
incumbent thereof or during a vacancy in the position and Be shall forward
notice and certification of the assignment and the periods of time worked
in the higher position to the Administrative Officer and the Civil Service
Board or its Secretary. He The Chief of the Police or Fire Department
shall assign a person from the names of those persons certified on an
appropriate promotional or eligible list; provided that at the time of the
initial assignment such a list exists for the position to which the
assignment is made; provided further that such requirement may be
waived by the Civil Service Board for good cause when there is evidence
that it would cause hardship or danger to, or inefficiency in departmental
operations or performance of duties. Such assignment may be extended
26
by the Civil Service Board for additional periods of 90 days. Any
employee who is assigned to the higher position for more than 10
consecutive working days or 5 consecutive shifts shall receive the same
salary for the higher position to which he the employee would be entitled
Vlere Be if promoted to such a position during the period in which he-is
assigned thereto. An urgency assignment without additional salary
benefits of an employee in the department whose name has not been
certified on the appropriate promotional or eligible list may be made by
the Chief for 10 consecutive working days or 5 consecutive shifts. Each
assignment shall terminate upon a promotion or appointment to the
position. The person to the higher position shall not acquire any
advantage or right by reason of the assignment, except as hereinbefore set
forth. The purpose of this Rule is to implement, interpret and clarify
Section 186 THIRD: (b) of the Charter.
(Amended by CS-9, June 14, 1962; Council Resolution No. 6409, June 25,
1962).
27
Chapter 5
Rules Affecting Employees
Rule 500
Probationary Appointments
Any appointment from an eligible or promotional list shall not be deemed
complete until an initial applicable period of probation for the position, as
determined and set forth in a resolution of the Mayor and Common
Council, has elapsed. Such period of probation shall not be longer than
one year, provided that the probationary period shall be for six months in
the event an applicable period of probation has not been fixed by
resolution of the Mayor and Common Council. Probationary service shall
be subject to the provisions of Rules 500.1 through 500.3.
(Amended by CS-24, December 19, 1975; Council Ordinance No. 3551,
February 2, 1976).
Rule 500.1 Obiective of Probation
The probationary period shall be regarded as part of the testing process
and shall be utilized for observing closely the employee's work, for
securing the most effective adjustment of a new employee to the position
and for releasing any probationer whose performance does not meet the
department head's required standards of the work.
Rule 500.2 Removal Durine Probation
During the probation period, an employee may be discharged or reduced at
any time upon the recommendation of the head of the department in which
such probationer is employed with the approval of a majority of the Civil
Service Board. Such discharge or reduction shall be effective upon the
filing by the department head with the Chief Examiner of his the reasons
for such action, provided that the approval of a majority of the Civil
Service Board is obtained at a subsequent meeting held in the normal
course of business. If a probationer is removed for reasons which in the
judgement of the Chief Examiner would apply to a given situation only
and would not necessarily disqualify the individual for other employment,
the Chief Examiner may restore the eligible's name to the list from which
he the eligible was certified.
(Amended by CS-20, October 24, 1972; Council Ordinance No. 3313,
December 4, 1972).
28
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Rule 500.3 Reiection After Promotion
Any employee released during the probationary period following a
promotional appointment shall be reinstated to the position from which
he VIaS promoted unless charges are filed and Be the employee is dismissed
in the manner provided in the Charter and these rules.
Rule 501
Career Aooointments
Upon completion of the probationary period, or its equivalency for part-
time positions, an appointment shall be deemed a permanent career
appointment and thereafter shall be subject to removal only by the
procedures established in the Charter and these rules. Types of career
appointments are:
a. Re2Ular/full time: A position which has been established and
funded by action of the Common Council as a regular/full time
position and is expected to continue in successive budget years.
b. Reeular/oart time: A position which has been established and
funded by action of the Common Council as a regular/part time
position and is expected to continue in successive budget years but
normally requires less than 30 hours of work per week average.
Rule 502
Non-Career Aooointments: An appointment shall be deemed a
temporary non-career appointment when the position can be categorized
into one of the following:
a. Extra Board: A position requiring the employee to report to or be
available for work daily but assigned to duty only when the
incumbent in a permanent career position is not on duty.
Employees in this category shall be called from a rotating list and
may remain on the rotating list for a maximum of 24 months.
b. Limited Term: A position determined to be of a specific duration
not exceeding six months, based on emergency situations, unusual
workload demands, special programs, training, projects or other
like reasons. The position may be full-time or part-time. An
appointee in this category may be appointed only once in any 12
month period except as the Civil Service Board may authorize.
c. Part-Time: A position where the work schedule calls for less than
an average of 30 hours per week or less than 1000 hours in any 12
month period and will not recur at regular intervals.
29
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"c""'~_'''" .,,_~~r~~"~7tll'r~:<ii,:]i,",,>~- ~"",,_""
-
d. Intern: A position whose sole purpose is to provide education,
training and work experience to students enrolled in high school or
college. Appointments are limited to 6 months duration, are
discretionary by department heads and are not bound by other
procedures in these rules.
e. Aoorentice: A part-time position which is a generic position
which can be utilized by all City departments. The work schedule
calls for less than an average of 30 hours per week or less than
1000 hours in any 12 month period and will not recur at regular
intervals. This position will not be subject to Civil Service Rule
502.1. (502 e Approved by the Civil Service Board, March 8,
2005).
Rule 502.1 Transition from Non Career to Career Aooointment: Upon a positive
recommendation and request of the department head and approval of the
Civil Service Board, an employee who has held a permanent/part time or
temporary/non career position continuously for a period equivalent to the
probationary period of the permanent career position may be transitioned
into a permanent career position of the same, comparable, or lower
classification provided that the employee possesses the minimum
qualifications of that position without further examination or
establishment of eligibility, and provided there is a funded permanent
career vacancy available.
(Amended by Council Resolution No. 88-205, June 1, 1988).
Rule 502.2 Transition from temoorarv allencv. orivate contractor to Career
Aooointment
Upon a positive written recommendation and request of the department
head and approval of the Chief Examiner and Civil Service Board, an
employee who has been working as an employee through a temporary
agency or as a private contractor may be placed on an eligible list in a
comparable class provided the person possesses the minimum
qualifications of that position without further examination or
establishment of eligibility, and provided that there is a funded permanent
vacancy available. If such employee has been in the temporary or
contractor position for less than one year they must serve a normal
probationary period.
Rule 503
Seasonal Aooointments
When a position is to be filled for a period of time which will recur at
definite intervals, it shall be regarded as a seasonal position. No eligible is
to be penalized for waiving appointment to a seasonal appointment.
Eligibles accepting seasonal appointment shall not be removed from lists
30
~~~-~" ~
Rule 504
Rule 505
Rule 506
Rule 507
~,~n_~.,~"~.w',,~ '~_n,=,,,,,,~~~.~,,,~'m _,__
,,"","-,pa:"'~mrNJ '~~"'~~".~,:=:''':=~~~:~~:'~'ffl1,~=
for consideration for other employment unless they so request Those
appointed to seasonal positions shall be terminated at the end of the season
and may be regularly re-appointed at each recurrence of the seasonal
period without regard to other procedures in these rules.
Provisional Appointments
A provisional appointment acquires no rights or status of any kind. His
The appointee's employment is subject to termination at any time in the
discretion of the appointing power. Experience gained as a provisional
appointee shall be given no more credit in an examination than would an
equal amount of experience in any other employment
Appointment to Unclassified Service
In the event an employee in the classified service is appointed to a position
in the unclassified service he the employee shall be re-instated to the
former position upon the termination of the appointment in the
unclassified service, unless so terminated for a cause which would justify
dismissal from the classified service.
Continuity of Service
No authorized leave of absence in any form shall operate to break the
continuity of service of an employee in computing seniority for any Civil
Service purpose.
(Amended by CS-6, May 6, 1960; Council Resolution No. 5604, May 27,
1960).
Unauthorized Absence: Resie:nation from Service
Absence from duty without authorization of the Department Head for
three successive scheduled working days, or one 24-hour shift for the Fire
Department g1i~fessie8 Emergency Operations Division plus six hours
into the next regularly scheduled shift, is deemed a resignation from the
service as of the last day on which the employee worked or was on
authorized leave. However, if the employee proves the absence was
caused by illness, injury, or an emergency which made reporting
impossible, to the satisfaction of the Department Head, the Department
Head may reinstate the employee ffi...his into the position.
Notice of a resignation resulting from an unauthorized leave and of the
vacancy in the position shall be filed with the Civil Service Board and a
copy served on the employee by regular mail to the current address shown
in records of the PeFSoooel Human Resources Department A permanent
classified employee may, within five working days after mailing of the
31
""-'''''M''_','''' ,,",~,,~_"'~'
Rule 508
Rule 509
Rule 510
-
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~.:".~J;~~~.';....",;t_ _~
notice, request a hearing on the sole issue of whether leave was or was not
authorized for the absence. The hearing shall be held at the next regular
meeting of the Board. If the Civil Service Board determines that the
absence was authorized, the employee shall be reinstated ift.--lHs to the
position.
(Amended by CS-26, November 23, 1982; Council Ordinance No. MC-
230, dated December 20,1982).
Promotion
Insofar as practicable and consistent with the best interests of the service,
vacancies in the classified service shall be filled after competitive
examination. The examination may be limited to employees within the
department in which the vacancy exists. When an appointing power
believes that a vacancy in a class could be better filled by general open
competition, the appointing power may request certification from an
existing open list or request that an examination be held. The Board after
due consideration of the reasons advanced by the appointing power, may
approve or deny such a request or may order a concurrent examination on
both a promotional and open competitive basis. The decision of the Board
in this matter shall be fmal. ' Regular employees desiring to compete in
promotional examinations must meet all of the requirements set forth for
entry into an examination, including special standards which may be
established by the Board for promotional purposes. In consideration of
limited competition in a promotional test, the Board may establish a higher
passing mark than that generally established in open competitive tests.
Transfer
After notice to the Chief Examiner, an employee may be transferred by the
appointing power at any time from one position to another position in the
same or comparable class. Transfers shall not be used to effectuate a
promotion, demotion, advancement or reduction, each of which may be
accomplished only as provided in these rules. No person shall be
transferred to a position for which the person does not possess required
employment standards. In the case of transfers between departments, the
approval of both department heads shall be required.
V oluntarv Demotion
An employee may at any time request a voluntary demotion to a lower
class, provided he the employee has the qualifications which would be
required of an original appointee to that class. Such demotion shall be
effective by the appointing power and the Board.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
32
,c"c_"~" ''<
Rule 511
.
..-
T .'"'
.
ri1~
.
.. ,~wre~
Reduction in Force. When it becomes necessary through lack of work or
lack of funds or for other reasons to reduce the number of employees
within a given class, the appointing power shall present evidence to the
Chief Examiner that every effort has been made to transfer, demote,
temporarily appoint or undertake other action to retain permanent
employees in lieu of a lay-off.
The department head shall give at least two weeks advance notice to the
Chief Examiner of the titles, classes and number of positions involved.
The Chief Examiner shall thereupon designate the order of lay-off in
accordance with this rule and the department head shall process the
necessary personnel actions. Emergency, temporary and provisional
employees shall be laid off in that order prior to the lay-off of permanent
employees in the same class. The order of layoffs shall thereafter be
determined by seniority. Seniority of employees for purposes of reduction
in force or transfers and demotion brought about by said reduction in force
shall be based on seniority in class with the department so that employee
with the shortest term of service within the department shall be the first to
be transferred, demoted or laid off. However, any employee who has or
shall be transferred involuntarily or who was or shall be transferred upon
written initiating notice to the Chief Examiner by, or at the behest or
initiation of, an appointing power or department head for the benefit of the
City to a position in another department shall retain the seniority earned
and accrued in the class in the department from which he the employee
was or shall be transferred. In the event more than one employee is
transferred, demoted or laid off, such transfers, demotions or layoffs shall
be in inverse order to the length of service in the class, provided, however,
no employee shall be transferred or demoted to a class, title or position for
which he the employee does not possess the minimum requirements of
knowledge, skill and experience.
In a department where there is more than one class having equal rates of
compensation, any probationary or regular employee subject to lay-off
under this rule shall, in lieu thereof, be allowed to transfer to a position in
one of the other classes of equal compensation, for which he the employee
possesses the minimum requirements of knowledge, skill and experience,
provided that the employee subject to lay-off has longer service in his
class tBllft the emplayee he waulEi EiiSf'lllee the employee displaced has iIi
his the class. To be considered for said transfer in lieu of lay-off, an
employee must notify his the appointing power in writing of such election
not later than ten (10) working days after receiving written notice of said
lay-off.
33
,~~~-,,,,"~y."' ..-...-.",,- " ~~".
~--
. ~_.~._..
__""""""".._.,1it-c;"';"'~W-"_"'~_
Any probationary or regular employee subject to lay-off under this rule
shall in lieu thereof be allowed a demotion to the next lower class eHHs
within the department in which the employee subject to lay-off possesses
the minimum requirements of knowledge, skills and experience, and shall
become the senior employee in that class for the purpose of this rule;
provided, however, that in the first grade or lowest class within a
department, total time in service shall be the only criteria to be considered
in determining which employee shall be laid-off. To be considered for
said demotion in lieu of lay-off, an employee must notify his the
appointing power in writing of such election not later than ten (lO)
working days after receiving written notice of said lay-off.
If an employee subject to lay-off displaces another employee in an equal
or lower class in a position in which said employee subject to lay-off has
never served, but possesses the minimum requirements of knowledge, skill
and experience, such appointment shall be on a probationary basis and
Section 254 of the City Charter shall apply. Not later than the end of the
probationary period, said employee shall either become regular in this
position or be allowed to displace an employee in the next lower class in
which the employee subject to lay-off possesses the minimum
requirements of knowledge, skill and experience.
Any employee displaced hereunder shall have the same right to displace
employees in equal or lower classes as does an employee subject to lay.
off.
Any employee laid off or demoted to a lower class or transferred to an
equal class under this rule shall have the right for two (2) years to be re-
employed, transferred or promoted to the former class or any lower class
upon the first vacancy occurring in any such class in the department
provided Be the person laid off or demoted possesses the minimum
requirements of knowledge, skill and experience for such vacancy and
such right shall take precedence over the regular employment or
promotional lists. In the event more than one employee was so laid off,
demoted or transferred from such class the rights to re-employment,
transfer or promotion to such class shall be in the order of seniority in said
class before lay-off, transfer or demotion.
If, at any point in the above described procedure, it becomes evident that
two of more employees within the same classification possess the exact
and same seniority rights under this rule, the following method shall be
used to determine the order oflay-off.
1. The department head shall review all personnel records
including probationary and/or annual employee evaluation
reports, letters of commendation or reprimand and such other
34
t''-'x,'l1rl?'"!W'" 1 W'
Rule 512
Rule 513
:'~1
-
--
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_"'~. ffl~"~!~~:'~~f;~L~",-'., ....5. -,
information as may assist him in making a final
determination. The department head's review shall be
objective in nature and free of any personal bias or
consideration. After such review and based upon work
performance and the good of the service, the department head
shall establish the final order of lay-off.
2. In the event two or more employees within the same
classification are determined to be equal, based upon the
above criteria, the time and date of filing application for
appointment to the position shall be used. The last employee
to have filed application for appointment to the position shall
be the first employee subject to lay-off.
Any employee laid off, transferred or demoted under this rule shall have
the right of appeal to the Civil Service Board based upon misinterpretation
or improper application of said rule in writing, not later than ten (10)
working days after receiving written notice of said lay-off.
(Amended by CS-23, August 5, 1975; Council Ordinance No. 3526,
September 8, 1975).
Summary Susoension
Rule Deleted
Disciolinary Actions
A regular employee may be disciplined by dismissal, demotion, transfer or
suspension, as provided in Sections 254 or 256 of the Charter and in
accordance with Rules 513.1 through 513.5. Disciplinary actions
involving disability or like causes shall be denominated by the specific
actions sought to be undertaken, and an employee who has been dismissed
or suspended hereunder due to a physical or mental disability shall not be
referred to as having been disciplined.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387,
November 5, 1973).
Rule 513.1 Causes
Disciplinary actions ElKEleJlt the swnmary sUSJ3eRsieRs p1'9'llded iR Rule
~, shall not be taken except for cause related to performance of duty,
personal conduct or qualifications of the employee, which causes may
include but are not limited to: fraud in securing appointment,
incompetency, inefficiency, inexcusable neglect of duty, physical or
mental disability, insubordination, dishonesty, drunkenness on duty,
intemperance, addiction to the use of narcotics or habit forming drugs,
35
...
~~'" 1'j'~,JI!ff
inexcusable absence without leave, conviction of a felony or of a
misdemeanor involving moral turpitude, immorality, discourteous
treatment of the public or another employee, improper political activity,
willful disobedience, misuse of City property, violation of the Charter or
of any Rule governing City personnel practices, or any failure of good
behavior or acts, during or outside of duty hours, which are incompatible
with or inimicable to the public service.
Rule 513.2 Char2es to be filed
The appointing power shall initiate disciplinary action by serving on the
employee a written statement of specific charges, a statement of the
disciplinary action sought, notice to the employee of the right to reply and
hearing under these rules, and, in the discretion of the appointing power,
notice to the employee of suspension without pay pending the hearing and
determination of charges. A copy of such charges and notice shall at the
same time be filed with the Chief Examiner. (See Charter Section 254).
Rule 513.3 Replv
Within five days after the filing of charges and notice of intended
disciplinary action, the employee may file a statement in reply and either
accept the intended disciplinary action or request a hearing by the Board.
If the employee files a statement accepting the proposed disciplinary
action, it shall be effective forthwith. If the employee fails or neglects to
file a statement within the five working day limit herein provided, unless a
further extension is granted by the Board, the proposed disciplinary action
shall be effective at the expiration of the period. If the employee requests
a hearing, it shall be conducted by the Board in accordance with these
rules. (See Charter Section 255.)
Rule 513.4 Hearin2
Within ten working days after recelVlng a request for hearing in a
disciplinary matter, the Chief Examiner, after consultation with members
of the Board, shall set a time and place for a hearing, which hearing must
be held within 30 days after the filing of the employee's reply unless a
later date is mutually agreed upon by both parties. Prior to such hearing,
the Board may direct the Chief Examiner to make such investigations as
may be appropriate in the circumstances. At the hearing the Board shall
hear evidence in behalf of the person bringing the charges and the
employee, and such additional information as may have resulted from
independent investigation. The parties may be represented by counsel, but
the hearing shall be conducted informally and shall not be bound by
formal rules of evidence. The hearing may be continued from time to time
for the convenience of the parties, and upon its completion the Board may
36
--~
-~__';O;.
take the matter under submission with or without request for further
written summary of the evidence or arguments by the parties. (See attch.
2)
Rule 513.5 Decision
Rule 514 .
Rule 515
Rule 516
Within 30 days after taking a disciplinary case under submission, unless
the time is further extended by mutual agreement of the parties, the Board,
by majority vote of all its members, shall render a decision affirming,
modifying or reversing the disciplinary action proposed in the charges and
notice. In the event the decision modifies or reverses the action sought,
the Board shall determine the effect of such decision on any suspension of
salary which may have been effective during the time the charges were
pending and the hearing was held. All decisions of the Board in
disciplinary matters shall be final and shall be executed forthwith. (See
Attch.4)
Resie:nation
Any employee may resign from the City service by filing a statement of
intention with the department head, who shall endorse the action and
forward it to the Chief Examiner. If a resignation is submitted to avoid
disciplinary action, the department head shall accept it with prejudice and
such record shall bar the employee from reinstatement of from
participation in further examinations unless expressly permitted by the
Board after consideration of all factors, including the basis for any
pending disciplinary action.
Reinstatement
A resigned probationary or regular employee may be reinstated to a
position in the same class if there is need for such services within a year
after the resignation, or within the same period the person may be
permitted to withdraw such resignation and the employee's name may be
placed on an appropriate eligible list. An employee on leave of absence
shall be entitled to reinstatement on or before the date of the expiration of
such leave. (Amended by CS-22, October 9, 1973; Council Ordinance
No. 3387, November 5, 1973).
Political Activities.
The following rules concerning political activities shall be applicable to
Civil Service employees in the classified service of the Civil Service of the
City. These rules shall supplement, and be in addition to, any regulation
imposed by ordinance, resolution or rule. In accordance with the
37
~F.~
decisions of the courts of the State of California, these rules recognize that
the provisions of Section 260 of the Charter which purport to prohibit any
employee in the classified service from taking part in political
management or affairs of any political campaign, further than to cast a
vote or express privately a personal opinion, are null and void.
Rule 516.1 Particioation in Camoai2ns for Elective Office
Except when campaigning for an elective officer for himself, no employee
shall campaign or engage in political activities for or against his the
immediate supervisor or department head on any local City election
contest involving an elective office held or sought by such supervisor or
department head; and Be shall not campaign or engage in political
activities for or against any person seeking election to the office of his
their immediate supervisor or department head.
Rule 516.2 Solicitation of Political Funds
California Government Code Section 3202, and amendments thereto,
which prohibits city employees from soliciting or receiving, directly or
indirectly, political funds or contributions, knowingly, from other City
employees or from persons on the City's employment list is applicable to
the City of San Bernardino, subject to the provisions of Rule 516.3
Rule 516.3 Permitted Solicitation
California Government Code Section 3206, and amendments thereto,
which permits City employees to solicit or receive political funds or
contributions to promote the passage or defeat of ballot measures which
would affect their rate of pay, hours of work, civil service, or other
working conditions, is applicable to the City of San Bernardino, except
that such soliciting or receiving shall not be done at a time or in a manner
which disrupts or interferes with the transaction of City business.
Rule 516.4 Prohibitation of Entry for Prohibited Solicitations
California Government Code 3202(a), and amendments thereto, which
requires every City employee to prohibit the entry into most places under
his the employee's control, occupied and used for City purposes, of any
person for the purpose of making or giving notice of any prohibited
political assessment, solicitation or contribution, is applicable to the City
of San Bernardino.
Rule 516.5 Use of Official Authority for Political Purooses
California Government Code 3204, and amendments thereto, which
provides that no City employee and no person seeking a position as a City
38
iliij~~~'P>,"",'''-f'''''''''''' '~""""'"i'1'1i"'"'-='~""""'I"'''~-'''''='''='' _w
. ., ",
" "'~~..'" """,,'v. ''''''',',''' ., ~.' , , " . .~. .~.,,_ __._
employee shall in any way use authority or influence in matters relating to
City employment for any corrupt consideration, including political action
or influence, is applicable to the City of San Bernardino.
Rule 516.6 Political Activity While in Uniform
California Government Code Section 3204.5, and amendments thereto,
which provides that no City employee shall participate in political
activities of any kind while in City uniform, is applicable to the City of
San Bernardino.
(Amended by CS-14, April 17, 1970; Council Ordinance No. 3074, June
1, 1970).
Rule 517
Incompatible Emplovment
Each department head, officer and employee of the City of San Bernardino
in the classified service shall devote his their full time, attention and
efforts to his the City office of employment during his normal hours of
duty. No such department head, officer or employee shall engage in any
employment, activity, enterprise or conduct of any nature which is
inconsistent, incompatible or in conflict with ftis-the duties as of a
department head, officer or employee, or with the duties, functions or
responsibilities of the department or office in which Be-4s employed. The
employment, activities, enterprises, or conduct which are inconsistent,
incompatible or in conflict with the duties of such personnel include but
are not limited to matters which:
(a) Involve the use of private gain or advantage of City time,
facilities, equipment and supplies or the prestige or
influence of one's City office or employment.
(b) Involve receipt or acceptance by the department head,
officer or employee of any money or other consideration
from anyone other than the City for the performance of an
act which the department head, officer or employee, if not
performing such act, would be required or expected to
render in the regular course or hours of his City
employment or as part of his the assigned duties as a
department head, officer or employee.
(c) Involve the performance of an act in other than his the
capacity as a department head, officer or employee, which
act may later be subject directly or indirectly to the control,
inspection, review audit or enforcement by such department
head, officer or employee, or the department by which fte..is
39
"-," '"~W~7W
Rule 518
"f\"'~''''~''F~r''?'H''I~'~'''l/''';'lR<=''~_''-'Lc--''_~'$j~~'r'''f5Hc~~r:''/f~~~'''''r''''~'"'''"'''-T'',"",';'<~'''''- -")f;",-',"C"~'2'_~~~~'IT~~~~~,!:~~~~ik~~#t~~1~,"""(,__~,",,.,~
employed, or by the Board or Commission having authority
or responsibility involving his such duties or employment.
(Amended by CS-7, February 9, 1961; Council Resolution No.
5866, February 20, 1961).
Residence
There shall be no residency requirement for classified employees except as
otherwise required by ordinance or Charter of the City of San Bernardino.
(Amended by CS-16, February 16, 1971; Council Ordinance No. 3150,
March 1, 1971).
40
__~>,~~:,^"e~_''''''''- > '~"""T""""'''~~':f~"4i~W"''~f' "n,,~""'''''C'"''''''~'"~~-Tr''''''"'~ ~ .,
Rule 600
Rule 601
Rule 602
Rule 603
Rule 604
~'--""~~"'='I""'~"''@'~~7J>')~~->e1'f.:(~1<.'~i''''if'C'''''-'~'!~;:""""_:!f'"___,,,",,,,,~"~'
Chapter 6
General Rules
CooDeration bv Others
Every officer and employee of the City shall cooperate with the Board and
the Chief Examiner in order to fulfill completely the objectives and
purposes of the Charter and these rules. In particular the Chief Examiner
may call on officers and employees to assist in the preparation and
conduct of examinations without additional compensation.
Investi2ation: SubDoena Power
Wherever deemed necessary by the Board or the Chief Examiner in order
to obtain the facts necessary to the determination of any matter arising
under the Charter or these rules, the Board or the Chief Examiner may
question such persons and review such records as are relevant to the
proceedings. The Board and Chief Examiner in the performance of their
duties shall have the power of subpoena over persons and records, and
such power shall be enforceable by the courts. (See Charter Section 259).
Pavroll Certification
No payment shall be made for service rendered by any officer or employee
in the classified service of the City except after certification by the Chief
Examiner that the appointment has been made in accordance with the
Charter, all appropriate ordinances and these rules. In the event of any
appointment or employment contrary to such provisions, the appointing
power shall be personally responsible for amounts earned by the
employee. (See Charter Section 258).
Enforcement: Penalty for Violation
Any officer or employee of the City who shall willfully do any of the acts
prohibited or who shall fail to do any of the acts required, or in any other
way violate any of the provisions of Sections 246 through 261 of the
Charter or of these rules, or any order relating to personnel duly made by
the Board, shall be subject to disciplinary action appropriate to their status.
Meanin2 of Headin2s
The headings of chapters and rules are for illustration only, and in the
interpretation of any rules shall not be considered to be a part thereof.
41
-,,&:;!l~~~']lifllli"!~"- "T'''1Tmm~~.''
Rule 60S
Rule 606
Rule 607
Rule 608
.-.
._._._....~
....
Validitv and SeDarabilitv
Should any part of these rules be declared contrary to the Charter or any
other lay, the Board and the Mayor and Council declare that each would
have adopted or approved all of the other provisions notwithstanding the
finding of a defect in any rules or provision thereof, and all remaining
rules and provisions thereof shall remain in effect.
ReDeal of Conflictin2 Rules
The rules and regulations of the Board heretofore in effect are hereby
expressly repealed upon the taking effect of these rules.
Amendment
These rules may be amended by majority vote of all members of the Board
after public notice and opportunity to be heard, and such amendments
shall become effective after approval by the Council and Mayor.
Effective Date
These rules shall be effective upon approval by the Council and the
Mayor.
42