[Ord. #83-011; 1958 Code § 2.112]
a.
All safety members of the Fire Department who are below the rank
of Fire Chief shall be members of the Civil Service System.
b.
All safety members of the Police Department who are below the rank
of Police Chief shall be members of the Civil Service System.
c.
Any person hired for the position of Civilian Clerk or Communications
Clerk in the Police Department shall be a member of the Civil Service
System.
[Ord. #83-01; Ord. #84-03; 1958 Code § 2.113; Ord.
#86-03; Ord. #87-01, § 1; Ord. #88-003, §§ 1,
2; Ord. #88-011, § 1]
a.
Safety Members.
1.
Every appointee of the Police and Fire Departments, at the time of
appointment, shall be of such age as set forth by Civil Service Rules
and Regulations.
2.
Every appointee must possess such physical qualifications as prescribed
by the Civil Service Board; and before appointment must pass, satisfactorily,
any written, oral or other examinations as may be prescribed by the
Civil Service Board, and such qualifying background checks as performed
by the Police or Fire Departments.
3.
Every appointee of the Police Department, within six (6) months of
certification of permanent employment, must reside not more than thirty-five
(35) air miles from the intersection of Marin and San Pablo Avenues
in the City of Albany, California. This residency requirement does
not apply to persons appointed to positions in the Fire Department.
4.
(Reserved)
5.
Police and Fire Departments. Every person who is a member of the
Civil Service System who meets the qualifications for promotion set
by the Civil Service Board and who has applied for, or has been recommended
for, promotion shall be required to pass examination or examinations
as may be prescribed by the Civil Service Board. The Civil Service
Board shall determine the type of examination, the manner in which
it shall be conducted, and the grading format. The passing requirements
shall be set prior to the exam and shall be, where known, at least
as high as the recommendation of the organization which supplies the
test.
6.
Notwithstanding any other provisions of this section, the Civil Service
Board shall give a preference or preferences as provided by this section
or Civil Service Rules and Regulations in determining the relative
position on the eligibility list.
7.
Lateral Entry Patrol Officer, Police Department. The Civil Service
Board is hereby authorized to receive applications from applicants
who have had previous experience and hold a valid basic certificate
issued by the Commission on Peace Officers Standards and Training.
If the applicant meets the qualifications of age and physical fitness
as established by the Civil Service Board for such an applicant, and
if the applicant has passed the examinations as prescribed by the
Civil Service Board, the applicant may be eligible for a position
of Patrol Officer at the in-grade step commensurate with his/her years
of experience. Any applicant who may be hired shall meet the requirements
of promotion as provided in any ordinance or rule and regulation of
the Civil Service Board before being eligible for promotion to a higher
rank.
In considering the appointment to the rank of Patrol Officer
in the Police Department, the Police Chief may make such appointment
from among the first five (5) highest-standing candidates on the lateral
entry Civil Service eligibility list for entry level employees, or
from the first five (5) highest-standing candidates on the eligibility
list prepared by the Civil Service Board.
b.
Other Civil Service Members.
1.
Civilian Clerk and Communications Clerk (Police Department). The
conditions and status for the Civilian Clerk and Communications Clerk
positions shall be established by Civil Service Rules and Regulations.
The Civil Service Board shall administer any examinations to determine
the fitness of applicants for these positions in conformity with the
qualifications and requirements as established by the City Council.
The positions of Civilian Clerk and Communications Clerk are non-sworn
positions. Any person so employed as Civilian Clerk or Communications
Clerk shall receive pension and retirement benefits consistent with
those received in the same category as City General Employees and
shall not receive those benefits which safety personnel receive.
[Ord. #83-01; Ord. #84-03; 1958 Code § 2.114; Ord.
#87-01, § 2; New; Ord. #88-009, § 4; Ord. #95-04]
a.
Police and Fire Departments. All persons who are in the Civil Service
System shall be appointed and promoted for no other reason than fitness
for the position to be filled; provided, however, that no safety member
of the Police Department or Fire Department shall be eligible to be
promoted for the first promotion until he/she meets the minimum requirements
for promotion as set forth by the Civil Service Rules and Regulations.
b.
Successful candidates for entry-level and lateral-entry positions
covered by the Civil Service System shall be chosen by the Chief of
the Fire Department or the Chief of the Police Department and recommended
for appointment by the City Council from a list of eligibles certified
and furnished by the Civil Service Board to the Department.
The Civil Service Board is authorized to formulate the criteria,
including the minimum number of eligible candidates, necessary to
certify and maintain a list. Once a list is certified, the Department
Head may select, with the City Council's approval, any individual
from the eligibility list on the certified entry-level or lateral-entry
list.
All Safety members who are part of the Civil Service System
shall be recommended for promotion by the Chief of the Fire Department
or the Chief of the Police Department from a list of eligibles certified
and furnished by the Civil Service Board. The Civil Service Board
is authorized to formulate the criteria, including the minimum number
of eligible candidates, necessary to certify and maintain a list.
Said selections shall be from the three (3) highest-standing candidates
on the certified promotional list, and approved by the City Council.
[Ord. #83-01; Ord. #83-011; 1958 Code § 2.115;
Ord. #88-009, § 3]
a.
The Civil Service Board shall formulate rules and regulations covering
the length of time for which an eligibility list shall be valid and
for how long a period of time candidates may be maintained on such
a list and be eligible for appointment or promotion without re-examination.
b.
The Civil Service Board shall prepare eligibility lists for any position
in the Civil Service System in which there is an existing vacancy.
In the event there is no vacancy, the Civil Service Board is under
no obligation to maintain a list, but may do so upon request of the
Chief of the Department, or by its own motion passed by a majority
of the members of the Board.
c.
The Civil Service Board shall notify the affected department and
employee group at least sixty (60) days in advance of a scheduled
promotional examination. If, in the opinion of the department head,
this notice period creates a danger to the members of the department
or creates overtime costs, the department head may request that the
time period be shortened. If the Civil Service Board is in agreement,
they may advance the date of the examination.
[Ord. #83-01; 1958 Code § 2.116]
Appointments for employment or promotion to a rank shall not
be deemed complete until a period of probation not to exceed one (1)
year of active employment has elapsed. Successive temporary probationary
appointments shall not be allowed. At any time during the probationary
period, the department head of the particular department has the authority
to reclassify the person to the grade which that person previously
held. After successful completion of probation, an employee gains
permanent status. An entry level probationary employee who does not
successfully complete the probationary period will be terminated from
the Service without prejudice.
[Ord. #83-01; 1958 Code § 2.117]
a.
When a vacancy above entry-level occurs in any department, the head
of that particular department may, with the approval of the City Council,
assign a member of the department from the next lower rank to fill
the vacancy until such time as the vacancy is filled by the appointment
from an eligibility list furnished by the Civil Service Board.
b.
Temporary appointments to fill a vacant position shall not exceed
ninety (90) days. Should there be an employee absent for an extended
period of time in excess of sixty (60) days due to illness, injury,
or leave, a temporary assignment to fill this position shall not be
longer than one (1) year in duration and cannot be extended. All temporary
assignments of this class shall be approved by the City Council. The
member so temporarily appointed or assigned shall, during his/her
incumbency, receive the salary attached to the rank or position thus
temporarily filled.
c.
Nothing herein shall preclude the City Council from freezing the
filling of any position, either temporary or permanent.
[Ord. #83-01; 1958 Code § 2.118]
a.
Pursuant to Section 8.03 of the City Charter, the Hearing Board shall hear disputes related to members of the Civil Service System involving the involuntary termination of permanent employees in the Police Department and Fire Department. The Hearing Board shall be composed of five (5) persons who shall be selected according to the following procedure: One (1) person shall be appointed by the City Council; one (1) person shall be appointed by the Civil Service Board; two (2) persons shall be selected by the affected employee; and one (1) Hearing Officer shall be selected by mutual agreement between the City and the affected employee. This Hearing Officer shall be provided by the appropriate State agency. In the event the City and the employee are unable to agree on the Hearing Officer, a list of five (5) names shall be obtained from the appropriate State agency from which each party may alternately eliminate a name until a single name remains. A quorum of the Hearing Board shall be five (5) members.
b.
A Court Reporter shall be provided to the Hearing Board. This Reporter
shall transcribe the proceedings of the hearing. The cost of the Hearing
Board will be borne one-half (1/2) by the Association, and one-half
(1/2) by the City.
c.
Oral evidence shall be taken only on oath or affirmation. Each party
shall have these rights: to be represented by counsel; to call and
examine witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the issues even though that matter
was not covered in the direct examination; to impeach any witness
regardless of which party first called him/her to testify; and to
refute the evidence against him/her.
d.
The hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs.
e.
All hearings of the Hearing Board shall be closed hearings; provided,
however, that the accused employee, at his/her discretion, may waive
such closed hearing and, at the employee's request, the hearing shall
be public.
f.
Only members of the Hearing Board, hearing all the evidence, shall
participate in the decision. The decision of the Hearing Board shall
contain findings and a recommended decision. The findings shall be
regarded as final and binding on the City Council, except as provided
hereinafter.
g.
The Hearing Board shall file a copy of the recommended decision with
the City Council within thirty (30) days after the hearing has been
concluded. A copy of the recommended decision shall be served on the
City Administrative Officer, the particular department head, and the
affected employee and his/her attorney. The City Council may adopt
the recommended decision in its entirety; or the City Council may
reject the decision in its entirety, after following the procedures
outlined hereinafter.
h.
If the recommended decision is rejected as provided above, the City
Council may decide the case upon the record, including the transcript,
with or without taking additional evidence; or may refer the case
back to the Hearing Board to take additional evidence. If additional
oral or written evidence is introduced before the City Council, no
member of the City Council may vote on the matter unless that member
has heard all the additional evidence.
i.
If the case is so assigned to the Hearing Board, the Hearing Board
shall prepare a recommended decision as provided above upon the additional
evidence and the transcript and other papers which are part of the
record of the prior hearing. A copy of the recommended decision shall
be furnished to each party and his/her attorney as prescribed above.
The City Council shall decide no case different from the decision
of the Hearing Board without affording the parties the opportunity
to present either oral or written argument or both before the City
Council. No member of the City Council may vote on a decision different
from the recommended decision of the Hearing Board without having
first read and familiarized himself/herself with the entire record
in the matter.
j.
The recommended decision of the Hearing Board shall be deemed adopted
by the City Council sixty (60) days after delivery of the recommended
decision to the City Council by the Hearing Board, unless within that
time the City Council commences proceedings to decide the case upon
the record, including the transcript, or the City Council refers the
case to the Hearing Board to take additional evidence. The decision
of the City Council shall be served on each party or his/her attorney
or representative, together with findings.
k.
All other disputes related to members of the Civil Service System
in the Police Department and the Fire Department, not involving the
involuntary termination of permanent employees as outlined in paragraph
a above, shall at the option of the employee be handled through the
grievance procedure as described in Section XIX of the City of Albany
Personnel Rules and Regulations.[1]
[1]
Editor's Note: Copies of the Personnel Rules and Regulations
are on file in the office of the City Clerk. For adoption of the Personnel
Rules and Regulations Manual, see Section 3-2 of this chapter.
[Ord. #83-01; 1958 Code § 2.119]
a.
The Chief of the department shall be vested with powers of discipline
of its members and, for cause, may suspend without pay same up to
thirty (30) calendar days; and further shall be allowed full freedom
in his/her action in such matters; it being the intention and spirit
of this section to provide a fair and honest approach to employment
and subsequent promotion in such department; but, in no sense, to
curtail or handicap the responsible Administrative Officer, or Officers,
in securing efficient services. Disciplinary procedures will conform
to the requirements of State law.
b.
Any person disciplined in accordance with the above provisions shall
immediately be notified in writing of such charges, either by certified
mail or delivery in person and may, within ten (10) City working days
(not shifts) of delivery of such notice, appeal such action through
the grievance procedure. Informational copies of such charges shall
be transmitted to each member of the City Council.
c.
In the event that the Chief of the department recommends termination
of a permanent employee, written charges shall be filed with the Civil
Service Board and a copy shall be delivered to the employee to be
so disciplined, either in person or by certified mail. Informational
copies of such recommendation shall be transmitted to each member
of the Council.
d.
Within two (2) City work weeks (not shifts) of such filing, the Hearing
Board shall commence a hearing thereof. The Hearing Board shall fully
hear and determine the matter, the Clerk of such Board shall report
the minutes of the hearing. Upon completion of such hearing, the Hearing
Board shall transmit its findings and recommendations thereon, together
with the records of the hearing and the recommendation of the Chief
of the department, to the City Council.
[Ord. #83-01; 1958 Code § 2.120]
It is hereby required that amendments to this section may only
be made after:
