Pursuant to the authority of the legislative body of the City,
and in order to establish an equitable and uniform procedure for dealing
with personnel matters through a Human Resources Department, and to
place municipal employment on a merit basis so that the best qualified
persons available shall be brought into the service of the City, the
following Civil Service System is hereby adopted.
(Prior code § 2-001)
There is hereby created a Human Resources Department, which shall consist of the Civil Service Commission of the City of Stockton, created by Article
XXV of the Charter of the City of Stockton, and the City Manager, who shall act as Personnel Officer.
(Prior code § 2-002)
It shall be the duty of the Civil Service Commission:
A. Establish
Rules and Regulations. To adopt, amend or repeal rules for the administration
of the Civil Service System.
B. Investigations.
To make investigations either upon complaint or upon its own motion
concerning any matter touching the administration of the Civil Service
System.
C. Advisory
Functions. To act in an advisory capacity to the City Manager on problems
concerning personnel administration.
D. Appeals. As provided by rule, to hear appeals submitted by any person in the competitive service, except those excluded therefrom, under Section
2.36.060. The Civil Service Commission shall prepare or cause to be prepared a written statement of facts, findings and recommendations on every appeal and shall transmit a duplicate thereof to the person involved, and to the Personnel Officer. The effect of the Commission's recommendations in case of discharge, demotion or reduction shall be final and there shall be no appeal therefrom. The findings of the Commission shall be certified in writing to the appointing authority and shall be forthwith enforced by such officer.
E. Reports
to City Council. To make an annual report and such other reports as
it deems desirable to the City Council, covering the administration
of the Human Resources Department.
(Prior code § 2-003)
The Personnel Officer shall direct the administrative work of
the Human Resources Department and/or an authorized representative
shall attend all meetings of the Civil Service Commission. It shall
be the Personnel Officer's duty:
A. Prepare
and Recommend Rules. To prepare and recommend rules to the Civil Service
Commission for carrying out the provisions hereof.
B. Promulgate
Regulations. To promulgate regulations not in conflict with the rules
for the routine or special conduct of human resource activities.
C. Classification
Plan. To prepare and maintain a classification plan of all positions
in the Civil Service.
D. Salary
and Wage Plan. To prepare a salary and wage plan for the competitive
service together with regulations for the administration of the plan
and to submit the plan to the City Council with or prior to the submission
of the City budget. After approval by the City Council, the plan shall
constitute the official schedule of compensation in the competitive
service.
E. Official
Roster of Officers and Employees. To maintain an official roster of
officers and employees and such other records as may be required.
F. Enforcement.
To enforce the provisions hereof, and the rules adopted pursuant thereto
and to perform all lawful and necessary duties essential to the effective
administration of the Human Resources Department.
(Prior code § 2-004)
Rules for the administration of the competitive service on conformity
with the provisions hereof, shall be prepared by the Personnel Officer
and submitted to the Civil Service Commission for adoption, rejection
or amendment, which may be effected at any regular or special meeting
by a majority vote of the Commission. Adoption, amendment, or repeal
of the rules shall require the submission in writing of the proposed
action at a previous meeting of the Commission, either by the Personnel
Officer or a member of the Commission, and posting in conspicuous
public places at the City hall building, in Stockton, California,
and at such other places so as to ensure proper notice in accordance
with this chapter and all other applicable State, local, and Federal
laws, at least five days before final action is taken.
(Prior code § 2-005)
A. The
City Council shall from time to time establish and amend by resolution,
a list of classifications of employees excluded from competitive service.
Employees occupying positions in classifications that are subsequently
added to this section by resolution, shall retain civil service status
in that classification. in addition, the following categories of positions
shall also be exempt from competitive service:
2. Positions
on appointive boards, commissions and committees.
3. Employees
whose term of employment is contingent wholly upon other governmental
agency financing.
4. Any
person employed by an elective official in the City.
5. Any
person, including engineers, public works inspectors, consultants,
support personnel, and counsel, rendering temporary professional,
technical, or clerical service.
6. Such
positions involving seasonal or less than half time employment as
may be placed in the noncompetitive service by approval of the Civil
Service Commission.
B. Those
employees of the City-County library system are exempted from the
exceptions. Therefore, those positions not listed as excluded from
competitive service within the library system are subject to Civil
Service Rules and Regulations.
(Prior code § 2-006; Ord. 011-07 C.S. § 1)
A. The
offices, positions and employments coming within the jurisdiction
hereof, shall, in no manner whatsoever, be applicable to persons under
civil service in the Fire Department or the Police Department of the
City.
B. Any
officer or employee in the competitive service, who is promoted to
a position excluded from such service, and for any reason is demoted
from said position, shall automatically be reinstated to a position
in civil service. Such employee so promoted, shall be subject to the
provisions of this chapter and the rules and regulations adopted there
under, governing discharge.
(Prior code § 2-006.1)
A. The
Director of Human Resources shall be responsible for the preparation,
maintenance, revision, and approval of all class specifications and
job descriptions for positions excluded from the classified service.
The series of class specifications and job descriptions approved by
the Director of Human Resources shall be known as the "classification
plan for the unclassified service," and shall be the standard for
allocating the position of every employee in the unclassified service.
B. The
Director of Human Resources shall establish a formal written class
specification covering each position in the unclassified service,
which shall identify the class title, unit designation, date established
and approved, the date of last revision, if any; a definition of the
basic purpose of the class; the principle duties and responsibilities;
the distinguishing characteristics, including the required level of
skill, knowledge, and ability; the minimum qualifications for entry
into the class; and special requirements unique to the class, including
licenses, certificates, or other evidence of qualifications.
C. The
classification plan shall be prepared in consultation with the appointing
authority and employee organizations and shall become effective only
after approval by the Director of Human Resources, as evidenced by
valid signature and date. No person shall be appointed to any position
in the unclassified service until such position has been officially
allocated by the Director of Human Resources.
D. The
Director of Human Resources shall provide for the systematic review
of the classification of each position in the unclassified service
and shall combine, reclassify, reallocate, separate, or amend the
class specification as necessary in accordance with the needs of the
City.
E. Any
employee aggrieved by such combination, reclassification, reallocation,
separation, or amendment shall be afforded a reasonable opportunity
to have the matter reviewed by the Director of Human Resources or
a designated representative. The decision of the Director of Human
Resources shall be final, unless there is an allegation that the action
taken by the Director of Human Resources is arbitrary and capricious
or discriminatory. In such cases, the employee may appeal the action
to the City Manager, and the decision of the City Manager shall be
final.
(Prior code § 2-006.2; Ord. 011-07 C.S. § 1)
In addition to such other matters as may be necessary and proper
to carry out the intent and purposes hereof, the rules provided for
herein shall include specific procedures governing the following phases
of a personnel program:
General Rules and Procedures.
A. The
preparation, installation, revision, and maintenance of the classification
plan, based upon a study of the functions and responsibilities of
all positions in the competitive service.
B. The
public announcement of vacancies and examinations.
C. The
acceptance of applications for employment.
D. The
use of examinations and the development of other methods to determine
the relative qualifications of applicants for appointment to or promotion
in the competitive service.
E. The
establishment and use of employment lists containing names of persons
eligible for appointments.
F. The
certification and appointment of persons from employment lists to
fill vacancies in the competitive service.
G. The
making of provisional, temporary and emergency appointments.
H. The
establishment of a probationary period prior to attaining permanent
status under Civil Service.
I. The
transfer, promotion and demotion of employees within the competitive
service.
J. The
resignation and reinstatement of employees.
K. The
standardization of attendance and leave regulations.
L. The
separation of employees through layoffs, suspensions, dismissals,
resignations and for incapacity to perform required duties.
M. The
certification of payrolls.
N. The
use of necessary records and forms.
(Prior code § 2-007)
Appointments to vacant positions in the competitive service
shall be made in accordance with the rules provided for herein and
from employment lists created by competitive examination or by transfer,
demotion or reinstatement. In the absence of appropriate employment
lists, the Personnel Officer may authorize the provisional appointment
of persons meeting the minimum qualifications for the position but
such appointment shall not exceed 120 days. Emergency appointments
shall not be subject to the provisions hereof; provided, however,
that the duration of such appointments shall not exceed 15 working
days.
(Prior code § 2-008)
All original or promotional appointments shall be for a probationary
period of not less than six months nor more than 12 months. During
probation an employee may be rejected at any time without right of
appeal or hearing. A promotional employee rejected during probation
shall be reinstated to the position from which he or she was promoted
unless charges are filed and he or she is discharged as specified
herein.
(Prior code § 2-009)
An appointing authority may suspend an employee under his or
her jurisdiction without pay for disciplinary purposes. No employee
shall be suspended for more than 30 days in any fiscal year.
(Prior code § 2-010)
An appointing authority may reduce, demote, or discharge a subordinate
at any time for the good of the service. Written notice of the action
shall be served upon the employee affected and filed with the Personnel
Officer before it shall become effective. The employee may appeal
within 10 days to the Civil Service Commission for a hearing.
(Prior code § 2-011)
A. Any
person holding a position or employment included in the competitive
service who, on the effective date of Ordinance 1606, shall have served
continuously in such position, or in some other position included
in the competitive service, for a period of at least six months immediately
prior to such effective date, shall assume regular status in the competitive
service in the position held on such effective date without preliminary
examination or working tests and shall thereafter be subject in all
respects to the provisions set forth herein.
B. Any
other persons holding positions or employment in the competitive service
shall be regarded as holding their positions or employment as probationers
who are serving out the balance of their probationary periods before
obtaining regular status.
(Prior code § 2-012)
Officers and employees of the City, during usual business hours,
shall grant to members of the Civil Service Commission, the Personnel
Officer, and any employees of the Civil Service Commission designated
by it or by the Personnel Officer, free access to premises and records
under their control and shall furnish such facilities, assistance,
and information as may be required in carrying out the functions of
the Human Resources Department.
(Prior code § 2-013)
In any investigation or hearing conducted by the Civil Service
Commission, the Commission shall have the power to subpoena and require
the attendance or deposition of witnesses and the production by them
of books, records, and papers pertinent to the investigation or hearing,
and to administer oaths to such witnesses.
(Prior code § 2-014)
No person in the competitive service, or seeking admission thereto,
shall be appointed, demoted, or removed or be in any way favored or
discriminated against because of his or her race, color, ancestry,
religious creed, national origin, or, except as required by law, his
or her political opinions or affiliations.
(Prior code § 2-015)
No person in the competitive service shall take an active part
in municipal activities of the City provided; however, that nothing
herein shall prevent an employee from circulating initiative or referendum
petitions affecting his or her employment. No person holding a position
in the competitive service shall directly or indirectly use or seek
to use his or her authority or official influence to control or modify
the political action of any person or, during the hours of duty, engage
in any form of political activity, or at any other time take such
part in political activities or campaigns as to impair his or her
usefulness in the position in which he or she is employed. Nothing
in this section shall be construed as prohibiting or preventing any
such officer or employee from taking a legitimate interest as a citizen
in his or her government.
(Prior code § 2-016)
No person shall deceive or obstruct any person in respect to
his or her right to participate in examination under the provisions
set forth herein, or falsely mark, grade, estimate, or report upon
the examination or standing of any person tested hereunder, or aid
in so doing, or furnish any person, except in answer to inquiries
of the Civil Service Commission, any special information for the purpose
either of improving or injuring the rating of any person for appointment
or employment. No applicant shall deceive the Commission for the purpose
of improving his or her chances or prospects of appointment. No person
shall solicit, orally or by letter, any money or valuable thing from
any officer or employee holding a position in the competitive service
for any political party or political purpose whatsoever. No person
shall use or promise to use official influence or official authority
to secure or further any appointment to any competitive position.
No public officer or employee shall by means of threats or coercion,
induce or attempt to induce any persons to resign from a competitive
position or to take a leave of absence or to waive any rights hereunder.
(Prior code § 2-017)
No public disbursing officer shall pay any salary, wage, or
other compensation to any person holding public office or position
with the City unless the payroll or account bears the certificate
of the Personnel Officer that persons named thereon were appointed
or employed and were performing service according to the provisions
hereof, and the rules provided for herein.
(Prior code § 2-018)