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Home My WebLink About2016-214 1 RESOLUTION NO. 2016-214 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REVISING CIVIL SERVICE RULES 305, 401.1, 411, 412, 4 500.2, AND 510 REGARDING QUALIFICATION AND DISQUALIFICATION OF 5 APPLICANTS AND VOLUNTARY DEMOTIONS. 6 WHEREAS, the proposed revisions to Civil Service Rules 305, 401.1, 411, 412 and 7 500.2 regarding the qualification and disqualification of applicants and eligibles and Civil 8 Service Rule 510 regarding voluntary demotions were presented to all of the bargaining unit 9 10 representatives for review; and 11 WHEREAS,the Civil Service Board took action on September 13, 2016, to recommend 12 the Mayor and Common Council adopt the revisions identified in Exhibit"A" and Exhibit"B." 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1. The revisions to Civil Service Rules 305, 401.1, 411, 412, 500.2 and 510, 17 attached hereto as Exhibit"A" and Exhibit"B" and incorporated herein are hereby approved. 18 19 /// 20 21 22 23 24 25 26 27 21 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REVISING CIVIL SERVICE RULES 305, 401.1,411, 412, 2 500.2,AND 510 REGARDING QUALIFICATION AND DISQUALIFICATION OF 3 APPLICANTS AND VOLUNTARY DEMOTIONS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 17th day of October, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X_ 12 SHORETT X 13 14 NICKEL X 15 RICHARD X 16 MULVIHILL X 17 { ,• 18 Georgea " Hanna, CMC, City Clerk 19 >� 20 The foregoing Resolution is hereby approved this fr' _ day of October, 2016. 21 �Z/ 22 R. CaredBernardino is, Mayor 23 City of Approved as to form: 24 Gary D. Saenz, City Attorney 25 � By: S::Sz- 26 27 28 2 2016-214 EXHIBIT "A" PROPOSED REVISIONS TO CIVIL SERIVCE RULES 305, 401.1, 411, 412 & 500.2 QUALIFICATION/DISQUALIFICATION OF APPLICANTS AND ELIGIBLES Rule 305 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 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 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 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 addicted to the habitual excessive use of drugs or intoxicating liquors, or has of a ef-il� ° willfully made any false statements of any material facts, or has practiced or attempted to practice any deception or fraud in the application. An application may be rejected on the finding by the Chief Examiner that the applicant failed to meet pre-employment medical examination or background check investigation requirements, the applicant was discharged from probation the applicant was terminated from the City for cause, or the applicant resigned from the City in lieu of disciplinary action. Notice of the rejection of an application, A4th4ht-retHo-f+4heref6fe shall be r}}ai-led provided to the applicant. Rule 401.1 Re-employment 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. 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. Names may be removed from the re-employment eligibility lists by the Chief Examiner for any of the reasons outlined in Civil Service Rule 411. (Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November 5, 1973; Council Resolution No.2014-10, January 21, 2014). 2016-214 Rule 411 Disqualification and Removal Names of eligibles may be removed from eligible lists after review by the Chief Examiner for any of the following: theif last r-epet4ed address. a. b-. Conviction of a felony or of a misdemeanor involving moral turpitude. b. Conviction of, or a plea of no contest to, a felony or misdemeanor if it is determined that there is a rational relationship between the felony or misdemeanor and the position for which the application is made. 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 of an individual on a promotional list for any reason. eause o 'an eligible a lal list. f. Separation from the service due to termination for cause or resignation in lieu of disciplinary action. g. Discharge during probation from a job classification held at the time of release shall result in removal of the probationary employee's name from the eli ig bility list that specifically pertains to the job classification for which the employee was released. h. Failure to meet pre-employment medical examination and/or background check investigation requirements. i. fi 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. j. Failure to respond to documented Civil Service Department inquiries. k. g. Declination of appointment without reasons satisfactory to the Chief Examiner 1. hr. 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). 2016-214 Rule 412 Restoration of Names to Eligible 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 N: e app ' "after certification. by the Chief E)iamifier and the GiN,0 Serviee Beafd to have been without f�a . 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 of the recommendation by the department head with the Chief Examiner of the r^P sueh ae fi n, provided that the appfaval 4 a majority vote of the Civil Service Board, upholding the probationary release, is obtained at a subsequent meeting held in the normal course of business. whieh in the rr gi eftt-of *, c re QI,ief-F_-x-affiimffef--weuld apply to a given situ the Chief Examiner- may res rorc�re ire-eligible's nx-i-e--te the list From wf ieh the eligible . efti fled (Amended by CS-20, October 24, 1972; Council Ordinance No. 3313, December 4, 1972). 2016-214 EXHIBIT "B" PROPOSED REVISIONS TO CIVIL SERVICE RULE 510 VOLUNTARY DEMOTION Rule 510 Voluntary Demotion An employee may at any time request a voluntary demotion to a lower class, provided there is a vacancy and 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.