A civil service commission is hereby created, consisting of
five qualified electors of the City of Glendale, who shall be appointed
by the council and who shall serve without compensation. They shall
hold office for a period of four years and until their successors
are appointed and qualified; provided that of those first appointed,
two shall be appointed to serve until the 1st day of May, 1939, three
shall be appointed to serve until the 1st day of May, 1941; and provided
further, that any person appointed to fill a vacancy on the commission
shall be appointed to serve for the remainder of the unexpired term.
The commission shall organize by electing one of its members
chairman. It shall appoint, subject to the approval of the council,
a chief examiner, who shall not be a member of the commission and
who shall also act as secretary of the commission. The commission
may appoint such other subordinates as the council may authorize.
The chief examiner and such other subordinates shall receive such
compensation as the council shall from time to time determine by ordinance.
(1933, 1937.)
Editor's Note: The catchline of this section originally
read as follows: "Commission creation and organization."
The commission shall prescribe, amend and enforce rules for
the classified service, subject to the approval of the council, which
shall have the force and effect of law; shall keep minutes of its
proceedings and records of its examinations; and shall, as a board
or through a single commissioner, make investigations concerning the
enforcement and effect of this article and of the rules and efficiency
of the service. It shall make an annual report to the council.
The rules shall provide:
(1)
Classification of Positions. For the classification of all positions
in the classified service.
(2)
Competitive Examinations—Generally. For open, competitive examinations
to test the relative fitness of applicants for all such positions,
except positions for which competition has been suspended, as provided
in this article.
(3)
Same—Public Advertisement. For public advertisement of all
competitive examinations.
(4)
Eligible Lists. For the creation of eligible lists upon which shall
be entered the names of successful candidates in the order of their
standing in examination. Such lists shall remain in force not longer
than two years nor less than one year provided that the commission
may cancel any list established from an open examination which contains
the names of not more than three persons whose names have been submitted
for appointment and the persons not appointed.
(5)
Grounds for Rejection of Candidates or Eligibles. For the rejection
of candidates or eligibles who fail to comply with the requirements
of the commission in regard to age, residence, sex, physical condition,
or who have been guilty of crimes or infamous or disgraceful conduct,
or who have attempted any deception or fraud.
(6)
Procedure as to Appointments. For the appointment of one of the three
persons standing highest on the appropriate eligible list, except
when competition has been suspended as provided in this article; provided
that the appointing agency may appoint a person from an eligible list
containing less than three names; and provided further that any person
whose name has been certified three times without appointment shall
have his name dropped to the end of said list.
(7)
Probation Period. For a period of probation not exceeding 12 months
before appointments or promotions are made complete.
(8)
Temporary or Seasonal Appointments. For temporary appointments to
permanent positions and appointments to temporary or seasonal positions,
when there is no appropriate eligible list; provided, that no permanent
position shall be filled by temporary appointees for a period longer
than six months except when due to a leave of absence or in cases
of emergency. Appointments to temporary or seasonal positions and
temporary appointments due to a leave of absence may be for such period
of time as may be fixed by the commission. The commission shall determine
whether any position is in character temporary, seasonal or permanent.
The acceptance or refusal to accept temporary or seasonal employment
on the part of a person on an eligible list shall not be a bar to
appointment to a permanent position from said eligible list.
(9)
Transfer; Demotion; Reinstatement. For transfer from one position
to a similar position, or to a lower position upon request of the
employee affected, and for reinstatement within one year of persons
who, without fault or delinquency on their part, are separated from
the service or reduced.
(10)
Promotion. For promotion based upon competitive examination and records
of efficiency, character, conduct and seniority; provided, that promotional
examination shall be open only to those persons who are employed in
positions designated by the commission as appropriate for promotional
purposes, who have served in any such position or positions for an
aggregate of at least six months, and who satisfy the preliminary
requirements of the commission for the position to be filled. Examinations
may be exclusively promotional or may be combined with original examinations.
Unless the commission finds that it would not be consistent with the
best interests of the city, a vacancy, except one for which competition
has been suspended, as provided in this article, shall be filled by
promotion.
(11)
Suspension Without Pay. For suspension without pay for a period not
to exceed 90 days.
(12)
Adoption and Amendment of Rules Generally. For the adoption and amendment
of rules only after public notice and hearing.
(13)
Appointment of Unskilled Laborers. For the appointment of unskilled
laborers after such tests as to fitness as the commission may prescribe.
(14)
Further Provisions as to Adoption of Rules. For the adoption of such
rules not inconsistent with the provisions of this Charter as may
be necessary and proper to carry out the provisions of this article.
(1933; 1937; 1943; 1949; 1957; 1982.)
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Editor's Note: The catchline of this section originally
read as follows: "Duties of the commission."
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In any investigation conducted by the commission, it shall have
the power to subpoena and require the attendance of witnesses and
the production thereby of books and papers pertinent to the investigation,
and each commissioner shall have the power to administer oaths to
such witnesses. (1933; 1937.)
Editor's Note: The catchline of this section originally
read as follows: "Power to subpoena witnesses."
All applicants for positions in the classified service, except
applicants for positions for which competition has been suspended
as provided in this article, shall be subject to examination controlled
by the commission. Such examinations shall be public, competitive
and free, except as is otherwise provided in this article. Such examinations
shall be practical in their character and shall relate to those matters
which will fairly test the relative capacity of the persons examined
to discharge the duties of the position to which they seek to be appointed,
and when appropriate, shall include or exclusively consist of tests
of physical qualifications, health, and manual skill. No question
in any examination shall relate to political or religious opinions
or affiliations. A stenographic report or sound recording of all oral
examinations shall be made. The commission shall provide by rule when
such report or recording may be destroyed, but such rule shall not
permit destruction until at least 30 days after approval of the eligible
list resulting from the examination. (1933; 1937; 1957.)
Editor's Note: The catchline of this section originally
read as follows: "Examinations."
(1)
In case of a vacancy in a position requiring peculiar and exceptional
qualifications of a scientific, professional, or expert character,
and upon satisfactory evidence that competition is impracticable and
that the position can best be filled by the selection of some designated
person of recognized attainments, the commission may, after public
hearing and by the affirmative vote of all its members, suspend competition,
but no such suspension shall be general in its application to such
position, and all such cases of suspension shall be reported, together
with the reasons therefor, in the annual report of the commission.
(2)
In case of a vacancy in the position of director of administrative
services, city attorney or his assistants or deputies, director of
public works, building official, city engineer, maintenance services
administrator, head or chief librarian, or in an office created by
ordinance, and upon the filing with the commission of a written statement
by the appointing agency that it intends to appoint a designated person
of recognized attainments to fill such vacancy, competition shall
be suspended. (1933; 1937; 1957.)
(Res. No. 04-238 § 1,
2004)
Nothing herein contained shall prevent or modify the giving
of preferences in appointments in the classified service to veterans,
widows of veterans, and wives of disabled veterans as such persons
may be defined and such preferences now or hereafter may be authorized
by the council. (1933; 1937; 1969.)
The provisions of this article shall apply to all positions
now existing or hereafter created, except those in the unclassified
service.
The unclassified service shall consist of the following offices
and employments:
All officers elected by the people.
All members of appointive boards and commissions, and persons
serving without compensation.
The chief examiner of the civil service commission.
The city assessor.
The city manager.
The assistant city manager.
The secretary of the city manager.
The city tax collector.
One secretary of any officer elected by the people.
Special officers of the police and fire departments.
Positions in any unskilled labor class created for a special
or temporary purpose and which do not exist for a period of longer
than thirty days; provided that the commission may, upon application
of the appointing agency and after public notice and hearing, by the
affirmative vote of four-fifths (4/5) of its members, exempt any position
in any unskilled labor class or any part-time, seasonal or temporary
position for such period of time as it may determine; and provided
further, that any such exemption shall not affect the tenure of any
person whose appointment has become complete under this article.
Persons employed to render professional, scientific, technical
or expert service of an occasional and exceptional character. (1933;
1937; 1947; 1953.)
Editor's Note: The catchline of this section originally
read as follows: "Unclassified and classified service."
(Res. No. 13-802 § 1; Res. No. 04-238 § 1, 2004)
All persons in the classified service, whose appointments have
become complete, shall be discharged only for cause as herein provided.
(1933; 1937.)
(Res. No. 04-238 § 1,
2004)
Editor's Note: This section was repealed in 1957.
It formerly dealt with tenure of certain county employees stationed
within territory proposed to be annexed to city.
Any person employed in the classified service may be removed,
suspended or reduced in rank or grade after appointment or promotion
is complete by the appointing agency, for cause, by an order in writing
stating specifically the reasons therefor. Said order shall be filed
with the commission and a copy thereof served upon the employee so
removed, suspended or reduced. Any person so removed, suspended or
reduced may, within five days after presentation to him of a copy
of the order of removal, suspension or reduction, appeal to the commission
from such order. The commission or its authorized representative shall,
within two weeks after the filing of said appeal, commence a proceeding
to fully hear and determine the matter. If an authorized representative
of the commission hears the appeal, any proposed determination shall
be presented to the commission with a report of the proceedings and
the commission shall review the same and make its determination adopting
or modifying or revoking the determination made by the authorized
representative. The commission's determination shall be final. (1933;
1937; 1965.)
Upon the expiration of any leave of absence of a person in the
classified service such person shall report for duty and thereupon
be returned to the position from which such leave of absence was taken.
All temporary employment caused by a leave of absence shall be made
from the appropriate eligible list. A leave of absence shall not constitute
separation from the service. (1933; 1937.)
When a position in the classified service is abolished, the
reduction and termination of all persons affected thereby shall be
in accordance with the rules and regulations of the commission adopted
for that purpose which shall follow as closely and practicable the
reverse order of the lines of promotion and give credit according
to seniority. (1959.)
The person or persons having authority of appointment shall
notify the commission of any appointment made, and the commission
shall certify such fact to the director of administrative services.
The director of administrative services shall not approve any salary
or compensation for services to any person holding or performing the
duties of a position in the classified service until the appointment
shall have been so certified. (1933; 1937.)
Editor's Note: The catchline of this section originally
read as follows: "Certification of appointment."
(Res. No. 04-238 § 1,
2004)
If any section, subsection, sentence, clause, or phrase of this
article is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this article.
The electors hereby declare that they would have passed this article,
and each section, subsection, sentence, clause, and phrase hereof,
irrespective of the fact that any one or more other sections, subsections,
sentences, clauses, or phrases are declared unconstitutional. If any
portion of this Charter relating to civil service should be held to
be unconstitutional, the council shall by ordinance provide for a
substitute for such portion in such manner as to remedy the defect.
(1933; 1937.)
Editor's Note: The catchline of this section originally
read as follows: "Constitutionality."
Editor's Note: This section was repealed in 1945.
It formerly dealt with old age retirement.
During any war in which the United States is engaged or any
national emergency causing induction or conscription for the armed
forces, and notwithstanding any other provision of this article, the
commission, after public notice and hearing, may authorize temporary
appointments with or without examination to any position or positions
in the classified service for such period of time as the commission
may determine, but not exceeding the duration of said war or emergency
and six months thereafter. Such position or positions, while filled
by such temporary appointments, shall be in the unclassified service.
The date of termination of a war or emergency, for the purposes of
this section, shall be as fixed by proclamation of the President of
the United States, or by concurrent resolution of the two Houses of
Congress of the United States, or by resolution of the council of
the City of Glendale, whichever date is earliest. (1943.)
Editor's Note: The catchline of this section originally
read as follows: "War emergency appointments."
