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HomeMy WebLinkAbout05.D- Civil Service 5.D RESOLUTION (ID # 4653) DOC ID: 4653 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Personnel From: Rebekah Kramer M/CC Meeting Date: 10/17/2016 Prepared by: Rebekah Kramer, (909) 384-5248 Dept: Civil Service Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Revising Civil Service Rules 305, 401.1, 411, 412, 500.2, and 510 Regarding Qualification and Disqualification of Applicants and Voluntary Demotions. (#4653) Current Business Registration Certificate: Not Applicable Financial Impact: There is no financial impact to revise Civil Service Rules 305, 401.1, 411, 412, 500.2 and 510 Motion: Adopt the Resolution. Synopsis of Previous Council Action: On September 13, 2016 the Civil Service Board of Commissioners recommended that the proposed changes to Civil Service Rules 305, 401.1, 411, 412, 500.2 and 510 be forwarded to the Mayor and Common Council for adoption. Background: The proposed changes to Civil Service Rules (CSR) 305, 401.1, 411, 412 and 500.2 pertain to the qualification and disqualification of applicants and eligibles more clearly defining the circumstances under which a candidate can be disqualified or removed from an eligibility or re-employment list. The proposed change to CSR 510 restricts voluntary demotions for classified personnel to vacant positions. The proposed changes to CSR 305, 401.1, 411, 412, 500.2 and 510 were distributed to each of the employee bargaining units for consideration the first week in August 2016. All of the bargaining units were given an opportunity to meet and discuss the proposed changes. On September 13, 2016 the Civil Service Board of Commissioners took action to adopt the revisions to Civil Service Rules 305, 401.1, 411, 412, 500.2 and 510 recommending that the Mayor and Common Council adopt the revisions identified in EXHIBIT "A" and EXHIBIT "B". City Attorney Review: Supporting Documents: CS Reso (DOC) Updated: 10/12/2016 by Georgeann "Gigi" Hanna A Packet Pg. 28 5.D 4653 EXHIBIT A - Proposed Revisions to CSR 305, 401.1 , 411, 412 & 500.2 - Qualification & Disqualification (PDF) EXHIBIT B - Proposed Revision to CSR 510 - Voluntary Demotion (PDF) Updated: 10/12/2016 by Georgeann "Gigi" Hanna A Packet Pg. 29 5.D.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REVISING CIVIL SERVICE RULES 305, 401.1,411,412, 3 500.2,AND 510 REGARDING QUALIFICATION AND DISQUALIFICATION OF 4 APPLICANTS AND VOLUNTARY DEMOTIONS. 5 WHEREAS, the proposed revisions to Civil Service Rules 305, 401.1,411, 412 and LO 6 500.2 regarding the qualification and disqualification of applicants and eligibles and Civil Service Rule 510 regarding voluntary demotions were presented to all of the bargaining unit LO 8 ni r 9 representatives for review; and 10 WHEREAS,the Civil Service Board took action on September 13, 2016, to recommend 0 11 the Mayor and Common Council adopt the revisions identified in Exhibit"A" and Exhibit`B." 12 ar 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: .2 14 15 SECTION 1. The revisions to Civil Service Rules 305, 401.1, 411, 412, 500.2 and 510, � U 16 attached hereto as Exhibit"A" and Exhibit`B" and incorporated herein are hereby approved. ° c .2 18 m 19 Cl) 20 0 21 U 22 c a� 23 E U 24 y 25 26 2-7 28 1 Packet Pg. 30 5.D.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REVISING CIVIL SERVICE RULES 305,401.1,411,412, 2 500.29 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 meeting thereof, held on the 6 day of , 2016,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT �- 9 MARQUEZ 10 BARRIOS 0 11 VALDIVIA 12 as SHORETT 13 qa 1 14 NICKEL i 5.D.b EXHIBIT "A" '- PROPOSED REVISIONS TO CIVIL SERIVCE RULES 305,401.1,411,412 & 500.2 0 QUALIFICATION/DISQUALIFICATION OF APPLICANTS AND ELIGIBLES 0 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 s the announcement of the examination, or it is obvious that the applicant is o physically unfit for the performance of the duties of the class. Rejected xs applications may subsequently be accepted on a showing by the applicant that the o applicant does possess the necessary qualifications, provided that such showing is M 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 CY excessive use of drugs or intoxicating liquors, or has been ' of ,solving n=refal tufpittide, o willfully made any false statements of any O 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` 06 Examiner that the applicant failed to meet pre-employment medical examination; 10 or background check investigation requirements. the applicant was discharged from probation the applicant was terminated from the City for cause, or the � applicant res4med from the City in lieu of disciplinary action. Notice of the r rejection of an application, shall be mailed provided to the applicant. o M Rule 401.1 Re-employment Lists U O Y 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 .N 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 W relative total length of probationary and regular service in the class. Wherever a N re-employment list exists for a class, it shall take precedence over the promotional a list and the eligible list. Names may be removed from the re-employ ° a eligibility lists by the Chief Examiner for any of the reasons outlined in Civil Service Rule 411. a (Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November °0 x 5, 1973; Council Resolution No.2014-10, January 21, 2014). w a� U Y Y Q Packet Pg. 32 5.D.b 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: 0 N a. inability t fe.,seeable time w th the 1. d flw4f-last r o fte d .,radr s',i 4M W d a. b-, Conviction of a felony or of a misdemeanor involving moral turpitude. a 0 b. Convictiona f, or a plea of no contt_, to alc oily or misdemeanor if it is determined that there is a rational re'lationslrp between the felony misdemeanor and the position for which ttd� a)i)lication is made. � An 0 c. Proof of fraud or false statements in the application, or proof of fraudulent 06 conduct in connection with an examination. a �a 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. N O e. Separation from the service of an individual on a promotional list for any Lo reason. eause-of an eligible„ t, .Ila list 06 L) £ 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 c eligibility list that specifically pertains to the job classification for which the eplployee was released. v 0 h. Failure to meet pre-employment medical examination and/or background check investigation requirements. m i. 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. 00. 0 a j. Failure to respond to documented Civil Ser%,ice Department inquiries. Q k. g Declination of appointment without reasons satisfactory to the Chief m Examiner x w 1. :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). 2 Q Packet Pg. 33 5.D.b Rule 412 Restoration of Names to Eligible Lists '- 0 ° Names which have been removed from eligible lists may be restored by the Chief c Examiner for the duration of the list for the following reasons: 0 N a. Acceptance of the reason for waiver of certification which had previously been rejected. LO W b. Acceptance of the reason for non-appearance for interview with the appointing attther-itv after certification. o 2 a= by the Chief Examiner and the Civil Se Iiee Boafd to have been without fault �T lI Me Of delifl"eft�'E)ft the effip!Oyee'S . o Ckd Rule 500.2 Removal During Probation o ca 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 c3 e Board. Such discharge or reduction shall be effective upon the filing of the N recommendation by the department head with the Chief Examiner of the r-ease � r sue aetion, provided that the pproval of a majority vote of the Civil Service �s Board, upholding the probationary release, is obtained at a subsequent meeting held in the normal course of business. W n ob ti- :s femo:ed for reasons ~ Judgment of the Chief "a.minef weeld apply te a given sitiaatieft only a-ad *oald not neeessar-ily dis"alify th individual for- other- r employment, the Chief Exaiiiinef ay festafe the eligible's flame to the list fiefa wbieh the r O O (Amended by CS-20, October 24, 1972; Council Ordinance No. 3313, December 4, 1972). v 0 c 0 0 0 a 0 L_ a. Q m X W c a� �a ct Packet Pg. 34 r 5 D.0 5. EXHIBIT "B" PROPOSED REVISIONS TO CIVIL SERVICE RULE 510 VOLUNTARY DEMOTION Rule 510 Voluntary Demotion L 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 a which would be required of an original appointee to that class. Such demotion shall be effective by the appointing power and the Board. Cn 2 U O o 'T > rs cQ O 0 j 41 r LO Cn U o 'k O NNd LL. Cl) O Q O L M W FM W x LU E U i. Q Packet Pg. 35