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* Historical Notes:
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Sections 2504, 2505, 2506, 2511, 2512, 2526, 2529,
2530, 2531 repealed Election 06/06/06 effective 08/04/06.
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Section 2513:The Election of 11/8/94 approved the
renumbering of the Charter (See Article XXVII, Section 2702). Therefore,
the sections referred to in the body of Section 2513 were previously
numbered as follows:
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Section 2512 was Section 11;
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Section 2513 was Subsection 11.1.
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Sections 24-26**: Added Election 10/8/35 effective
1/22/37; Repealed Election 10/12/71 effective 12/6/71.
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Sections 29-31.5**: Added Election 10/8/35 effective
1/22/37; Amended Election 10/10/61 effective 2/13/62; Repealed Election
10/12/71 effective 12/6/71.
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Sections 32.1-32.37**: Added Election 10/14/47 effective
3/3/48; Amended Election 10/11/49 effective 12/19/49; Amended Election
10/13/53 effective 3/16/54; Amended Election 10/10/61 effective 2/13/62;
Repealed Election 10/12/71 effective 12/6/71.
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** These section numbers refer to a numbering system
that was in place prior to the Election of 11/8/94.
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The provisions of this act shall have the effect of placing
both the Fire Department of the City of Stockton and the Police Department
of the City of Stockton under civil service rules and regulations,
and each of said Departments shall have and retain its separate organization
and identity under the direction of a Chief of each Department, which
separate organization shall consist of such officers and employees
as the legislative body of the City may from time to time by ordinance
or resolution determine and designate.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
Classified service of the City of Stockton shall include all
employees of the Fire Department and Police Department, including
the Chief of each Department, except that the Chief of Police and
Deputy Chief of Police, and the Fire Chief and Deputy Fire Chief,
shall be appointed and shall hold office as specified in Articles
XVII and XVI of this Charter, respectively. Except as hereinbefore
expressly provided, all appointments and promotions in the Fire Department
and the Police Department shall be made solely on merit, efficiency,
and fitness, which shall be ascertained by an open, competitive examination
and impartial investigation.
No person shall be appointed to, reinstated in, transferred,
suspended, demoted, or discharged from any such office, place, position,
or employment contrary to the provisions of this Charter.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/10/61 effective 2/13/62; Amended Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 11/02/10 effective 12/9/10)
There is hereby created, subject to the provisions of this act,
a Civil Service Commission, which shall be composed of five members,
none of whom shall hold any other public office, place or position
of employment with the City of Stockton. The members of such Commission
shall be appointed to staggered terms of three years by the legislative
body of the City of Stockton. That the legislative body of the City
of Stockton shall provide by ordinance or resolution for the payment
of the services of the Commissioners. The failure upon the part of
the said legislative body of the City to appoint said Commissioners,
shall be deemed a violation of this act and shall be punishable as
such. No person shall be appointed as a member of such Commission
who is not a citizen of the United States and a resident and elector
of the City of Stockton. Any member of such Commission may be removed
from office by the legislative body of the City for incompetency,
incompatibility or dereliction of duty or malfeasance in office or
other good cause, provided, however, that no member of the Commission
shall be removed until charges have been preferred in writing, due
notice given and a full hearing had. The members of such Commission
shall devote due time and attention to the performance of the duties
hereinafter specified and imposed upon them by this act. Three members
of such Commission shall constitute a quorum the votes of any three
members of such Commission concurring shall be sufficient for the
decision of all matters and the transaction of all business to be
decided or transacted by the Commission under or by virtue of the
provisions of this act. At the expiration of each of the terms so
provided for, a successor shall be appointed for a term of three years.
Vacancies in the Civil Service Board from whatever cause shall be
filled by a majority vote of the legislative body of the City for
the unexpired term. Whenever the word "Commission" is used herein,
it shall mean the Civil Service Commission.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/9/73 effective 1/17/74; Amended Election 10/11/77 effective 11/2/77)
Immediately after the appointment the Commission shall organize,
by electing one of its members chairman and hold regular meetings
at least once every 60 days, and may hold such additional meetings
as may be required in the proper discharge of their duties. The Civil
Service Commission shall appoint either the City Clerk of the City
of Stockton, or one of the deputies in the office of the City Clerk
to be Secretary of the Civil Service Board. The Commission may designate
the Secretary to be Chief Examiner for the Board or one of the deputies
in the office of the City Clerk or the Commission may designate one
of their own members or any duly qualified person or agency as Chief
Examiner for any particular examination or examinations, or part of
said examination or examinations.
The Secretary and/or Chief Examiner of the Civil Service Commission
may be subject to suspension or discharge at the discretion of the
Commission. The Secretary of the Commission shall keep the records
of the Commission, preserve all reports made to it, keep a record
of all examinations held under its direction and perform such other
duties as the Commission may prescribe. It shall be the duty of the
Civil Service Commission:
(a)
To
make suitable rules and regulations not inconsistent with the provisions
of this act. Such rules and regulations shall provide in detail the
manner in which examinations may be held and appointments, promotions,
transfers, reinstatements, demotions, suspensions and discharges shall
be made, and may also provide general subject of personnel administration
and which may be considered desirable to further carry out the general
purposes of this act or which may be found to be in the interest of
good personnel administration. Such rules and regulations may be changed
from time to time. The rules and regulations and any amendments thereof
shall be printed or mimeographed or multigraphed for free public distribution.
(b)
All
tests shall be practical and shall consist only of subjects which
will fairly determine the capacity of persons examined to perform
duties of the position to which appointment or promotion is to be
made.
(c)
The
rules and regulations adopted by the Commission shall provide for
the award of five points in favor of all applicants for appointment
or employment under civil service, who have served on active duty
in any branch of the United States Armed Forces, including the National
Guard and the United States Coast Guard for at last 181 consecutive
days and have been honorably discharged. These credits shall apply
to entrance examinations only.
(d)
The
Commission may make investigations concerning and report upon all
matters touching the enforcement and effect of the provisions of this
act and the rules and regulations prescribed hereunder, inspect all
institutions, departments, offices, places, positions and employments
affected by this act and ascertain whether this act and all such rules
and regulations are being obeyed. Such investigation may be made by
the Commission or by any Commissioner designated by the Commission
for that purpose. Not only must these investigations be made by the
Commission as aforesaid, but the Commission must make like investigations
upon petition of a citizen who is an elector of the City of Stockton,
duly verified, stating that irregularities or abuses exist or setting
forth in concise language in writing the necessity for such investigation.
In the course of all investigations or hearings before the Commission,
or designated Commissioner, or Chief Examiner, shall have the power
to administer oaths, subpoena and require the attendance of witnesses
and the production by them of books, papers, documents and accounts
appertaining to the investigation or hearing and also to cause the
deposition of witnesses residing within or without the State to be
taken in the manner prescribed by law for like depositions in civil
actions in the Superior Courts of the State of California and the
oaths administered hereunder and the subpoenas issued hereunder shall
have the same force and effect as the oaths administered by a Superior
Court Judge of California in his judicial capacity; and failure upon
the part of any person so subpoenaed to comply with the provisions
of this Section shall be deemed a violation of this act and punishable
as such.
(e)
Hearings
and Investigations; How Conducted. All hearings and investigations
before the Commission, or designated Commissioner or Chief Examiner,
shall be governed by this act and by rules of practice and procedure
to be adopted by the Commission, and in the conduct thereof neither
the Commission nor designated Commissioner or Chief Examiner shall
be bound by the technical rules of evidence. No informality in any
proceedings or hearing or in the manner of taking testimony before
the Commission or designated Commissioner or Chief Examiner shall
invalidate any order, decision, rule or regulation made, approved
or confirmed by the Commission; provided, however, that no order,
decision, rule or regulation made by any designated Commissioner conducting
any hearing or investigation alone shall be of any force or effect
whatsoever unless and until concurred in by at least two of the other
four members.
(f)
To
hear and determine appeals or complaints respecting the administrative
work of the Personnel Department, appeals upon the allocation of positions,
suspension, demotion or discharge of members, the rejection of an
examination and such other matters as may be referred to the Commission.
(g)
Establish
and maintain in card or other suitable form, a roster of all officers
and employees.
(h)
Provide
for, formulate and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position,
and as a result thereof with other permissible factors establish eligible
lists for the various classes of positions and to provide that Police
Officers laid off because of curtailment of expenditures, reductions
in force and for like causes, head the list in the order of their
seniority to the end that they shall be the first to be reemployed.
(i)
When
a vacant position is to be filled, to certify to the appointing authority,
on written request, the name, or names, of the person, or persons,
of the appropriate number highest on the eligible list for the class.
If there is no such list, to authorize provisional or temporary appointment
list for such class. Such temporary or provisional appointment shall
not continue for a period longer than four months; nor shall any person
receive more than one provisional appointment or serve more than four
months as a provisional appointee in any one fiscal year.
(j)
Within
60 days after the date of the taking effect of this act, the Commission
shall classify all offices, places, positions and employments and
adopt rules and regulations to carry out the purposes and provisions
of this act. Within 90 days after the date of the taking effect of
this act, the Commission shall hold examinations for the filling of
all offices, places, positions and employments not filled by persons
adopted or inducted into civil service as hereinafter provided. As
soon as such examinations have been held and the eligible candidates
have been ascertained, it shall be the duty of the Commission to certify
to the appointing officer of the City, within 90 days after the taking
of the test, the names and addresses of all such eligible candidates
upon the roster as may be available for such offices, places, positions
or appointments as are not then filled by persons adopted and inducted
into civil service as hereinafter provided, and it shall be the duty
of the appointing officer of the City to make selections and appointments
from the lists so certified. Any person carried on the eligible list
for a period of three years without being appointed or promoted, shall
be dropped from said eligible list and shall thereafter not be eligible
for appointment or promotion without re-examination.
(k)
Keep
such records as may be necessary for the proper administration of
this act.
(Added election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75; Amended Election 10/11/77 effective 11/2/77; Amended Election 03/02/04 effective 04/22/04)
(Added Election 10/08/35 effective 01/22/37; Historical Note: Section 30
was repealed at Election 10/12/71 effective 12/06/71; Repealed election 06/06/06, effective 08/04/06)
(Added election 10/08/35 effective 01/22/37; Amended election 10/10/61, effective 02/13/62; Amended
election 10/11/77 effective 11/02/77; Repealed election 06/06/06,
effective 08/04/06)
(Added election 10/08/35 effective 01/22/37; Amended election 10/14/75 effective 11/03/75; Repealed
Election 06/06/06 effective 08/04/06)
(a)
The
Chief Examiner shall provide examinations in accordance with this
act and the regulations of the Commission. Such examination shall
be public, competitive, and open to all persons who may be lawfully
appointed to any position within the class for which such examinations
are held, with limitations specified by this act, or in the rules
of the Commission as to health, habits, moral conduct and prerequisite
qualifications to perform the duties of such position.
(b)
In
examining applicants for eligibility for appointment to entrance level
classes, to the extent authorized by the Commission, the Chief Examiner
or his authorized representatives may use a combination of valid testing
instruments, which may include but not be limited to written tests,
which shall count 50% of the total passing score, oral examinations,
performance examination and agility tests designed to measure individual
characteristics necessary to perform the specific duties of the job,
for the purpose of obtaining the most qualified employees for the
City of Stockton Fire and Police Departments. Methods of ranking and
weighing of scores shall be determined by the Commission and will
be stated on the examination announcement. The Commission may waive
examination requirements for the appointment of qualified lateral
entry candidates.
(c)
In
examining or ranking applicants for promotional appointment list of
eligibles, in the Fire and Police Departments, to the extent authorized
by resolution of the Civil Service Commission, the Chief Examiner
or the Chief Examiner's Commission authorized representatives may
permit an oral examination to count not more than 30% of the aggregate
score of an applicant for the rank of Sergeant in the Police Department
and for the rank of Captain in the Fire Department and 35% of the
aggregate score of an applicant for ranks above Sergeant in the Police
Department and above Captain in the Fire Department. The procedures
for the selection of the members of an Oral Board for Promotional
Applicants shall be established by the Commission in the rules and
regulations. Seniority credit may be permitted to count not more than
5% provided that such credit shall be added only to the total passing
score.
Whatever rule is established by the Civil Service Commission
to cover the percentage credit to be given to oral examinations, seniority
credit shall apply to all examinations given for that rank in the
affected departments for at least one year after the adoption of the
rule. Promotional examinations shall be competitive and open only
to persons appointed or inducted into the service under the provisions
of this act.
(d)
All
tests shall be practical and shall consist only of subjects which
fairly determine the capacity of the persons examined to perform the
duties of the position to which appointment is to be made. No credit
shall be allowed for service rendered under a temporary appointment.
No question in any test shall relate to religious or political opinions
or affiliations. No questions which are misleading or unfair or in
the nature of catch questions shall be asked. As many tests shall
be held as may be necessary to provide eligibles for each class or
position and to meet all requisites and to fill all positions held
by temporary appointees. From the return and report of the Chief Examiner
or examiners based on tests and other factors to be considered as
provided in Section 2507(b) and (c), the Civil Service Commission
shall establish a list of eligibles for each grade of the persons
who shall attain such minimum score or scores as may be fixed by the
rules of the Commission and who may be lawfully appointed. Such persons
shall take rank upon the list in the order of their relative performance
as determined by the tests and other factors named above, without
reference to priority of time of tests.
(e)
The
markings and test papers of each candidate shall be open to his own
inspection. The markings and test papers of all persons upon the list
of eligibles shall be open to inspection by the Chief of Police Department
and Chief of the Fire Department and the appointive officer of the
City and shall also be open to public inspection in the discretion
of the Civil Service Commission. An error in the marking of any test
other than an error of judgment, if called to the attention of the
Commission within one month after the posting of an employment list
resulting from such test, shall be corrected by it; alleged errors
of judgment in the marking of any test if called to the attention
of the Commission within one month after the posting of an employment
list resulting from such test shall be considered by the Commission
and may be corrected by it; provided, however, that such corrections
shall not invalidate any certification or employment previously made.
Notice of the time, place and general scope of every test and of the
duties, pay and experience advantages or requisite for positions in
the grade for which the test is to be held, shall be given by the
Commission by posting such notice in three public places in the City
of Stockton, one of which shall be in the office of the Commission,
which said notice shall be posted for not less than two weeks prior
to such examination. Such further notice shall be given as the Commission
may prescribe.
(f)
All
members of the Fire Department with not less than 18 months' service
in said Department are to be considered as eligible for the rank of
Firefighter, and all members of said department with not less than
five years' service in said Department to be considered as eligible
for the rank of Captain and all members of said Department who have
held such last named rank for at least three years, last past continuously,
to be considered eligible for the rank of Battalion Chief and all
members of said Department who have held such last named rank to be
considered as eligible for the rank of Assistant Chief.
All members of said department above the rank of Captain who
have held such rank for at least six months past continuously, to
be considered as eligible for the office of Fire Chief.
(g)
All
probationary Police Officers with not less than 18 months' service
to be considered as eligible for the rank of Police Officers, all
Police Officers with not less than five years' service in the Stockton
Police Department to be considered as eligible for the rank of Sergeant,
and all Sergeants of said Department who have held the rank of Sergeant
for at least two years last past continuously to be considered as
eligible for the rank of Lieutenant, and all Lieutenants of said Department
to be considered eligible for the rank of Captain. All members of
said Department above the rank of Police Officer are to be considered
as eligible for the rank of Police Chief.
(h)
All
promotions shall be made only to the next higher grade in the service
and no grade shall be skipped, excepting in the case of appointment
of the Fire Chief and in the case of the appointment of the Police
Chief.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/10/61 effective 2/13/62; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective 8/21/74; Amended Election 10/14/75 effective 11/3/75; Amended Election 10/11/77 effective 11/2/77; Amended Election 6/5/84 effective 6/26/84; Amended Election 11/5/02 effective 04-10-03)
Whenever a position in the classified service of the Police
or Fire Department becomes vacant, the appointive officer, if it is
desired to fill the vacancy, shall make requisition upon the Commission
for the name and address of a person eligible for appointment thereto.
The Commission shall certify the name of the person highest on the
eligible list from the class to which the vacant position has been
allocated, who is willing to accept employment except in the case
of appointing an Assistant Fire Chief. If more than one vacancy is
to be filled, an additional name shall be certified for each additional
vacancy. On original appointment the appointing power shall appoint
such persons to such vacant position on probation. On promotional
Police appointments, except those of Chief, the appointing power shall
appoint persons to such vacant positions on probation for a period
of 12 months. During the probationary period for promotional Police
appointments and unless charges of dismissal or demotion are brought
as elsewhere provided in this Charter, the appointing authority, upon
the recommendation of the Chief of the Police Department, may demote
the appointee to the former rank provided that the reasons are specified
in writing, served on the person and filed with the Commission. Any
person so demoted, may, within 10 days from the time of the demotion,
file with the Commission a written demand for an investigation, where
upon the Commission shall conduct such investigation. The investigation
shall be confined to the determination of the question as to whether
such demotion was or was not made for political or religious reasons
and was or was not made in good faith for cause. After such investigation,
the Commission may affirm the demotion or, if it shall find that the
demotion was made for political or religious reasons or was not made
in good faith for cause, shall order the immediate reinstatement of
such persons to the office, place or position or employment from which
such person was demoted, which reinstatement shall if the Commission
so provides, in its discretion, be retroactive and entitle such persons
to such pay or compensation as would have been received had the person
not been demoted. The findings of the Commission shall be certified
in writing to the appointing power and shall be forthwith enforced
by such officer. The Commission when conducting an investigation and
hearing under this Section shall consider that this promotional probationary
period is regarded as an intrinsic part of the examination process
and that the same is utilized for closely observing the promotional
appointee's work for securing the most effective adjustment of a probationer's
qualifications to this higher rank and for the purpose of eliminating
any probationer from attaining permanent status in said higher rank
whose work performance does not meet the required standards of duties
and responsibilities. The Commission shall make suitable rules and
regulations regarding the measurement of such probationary period
consistent with the provisions of the Civil Service Act, and in the
Commission's opinion, consistent with good personnel administration.
Whenever a position of Assistant Fire Chief becomes vacant, the appointive
officer, if it is desired to fill the vacancy, shall make requisition
upon the Commission for the names of persons eligible for appointment
thereto. The Commission shall certify the three names at the top of
the eligible list for such class or, in the event of two or more vacancies
in the class, the Commission shall certify two names more than the
number of vacancies. If insufficient names are available to meet this
requirement, the appointing authority may request additional certification,
where upon the Civil Service Commission shall schedule and conduct
an examination to provide the number of eligibles required. Any one
of the names so certified may be appointed to the vacancy regardless
of standing on the eligible list and not on probation. Whenever requisition
is to be made, or whenever a position is held by a temporary appointee
and an eligible list for the class of such position exists, the Commission
shall forthwith certify the name of the person eligible for appointment
to the appointing power and said appointing power shall forthwith
appoint the person so certified, to said position. No person so certified
shall be laid off, suspended, given leave of absence from duty, transferred
or reduced in pay or grade, except for reasons which will promote
the good of the service, specified in writing after an opportunity
to be heard by the Commission, and then only with its consent and
approval. Appointments shall be regarded as taking effect upon the
date when the person certified for appointment reports for duty. A
person tendered certification may waive or refuse certification in
writing for a period for reasons satisfactory to the Commission and
such waiver or refusal shall not affect the standing or rights to
certification to the first vacancy in the class occurring after the
expiration of such period. If no such waiver or refusal has been filed
and the period therefor has expired and the person tendered certification
fails to report for duty forthwith after tender of certification has
been made, the person's name, may at the discretion of the Commission,
be stricken from all lists for such class. Acceptance or refusal of
temporary appointment or of an appointment to a position exempt from
the provisions of this list shall not affect the standing of any person
on the list for permanent appointment.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/10/61 effective 2/13/62; Amended Election 6/4/74 effective 8/21/74; Amended Election 11/5/74 effective 8/18/75; Amended Election 10/14/75 effective 11/3/75)
Notwithstanding any provisions of Section 2508 of this Article
to the contrary, whenever an entrance position in the classified service
of the Fire Department becomes vacant, the appointing authority, if
it is desired to fill the vacancy, shall make requisition upon the
Commission for the names and addresses of the persons eligible for
appointment thereto. The Commission shall certify two more names than
the number of vacancies of those individuals standing highest on the
existing eligible list. The Chief of the Fire Department may select
any one of the three eligibles so certified to fill the vacancy. On
original appointment, the appointing authority shall appoint such
persons to such vacant positions on probation.
(Added Election 11/4/80 effective 12/3/80)
Notwithstanding any provisions of Section 2508 of this Article
to the contrary, whenever an entrance position in the classified service
of the Police Department becomes vacant, the appointing authority,
if it is desired to fill the vacancy, shall make such appointment
from the re-employment list if such list exists. If there is no re-employment
list, the appointing authority shall make requisition upon the Commission
for the names and addresses of the persons eligible for appointment
thereto from the lateral entry list and the eligible list. The Commission
shall certify two more names than the number of vacancies of those
individuals standing highest on the existing eligible list and all
names on the lateral entry list. The appointing authority may select
any one of the three eligibles so certified to fill the vacancy or
any one from the lateral entry list. On original appointment, the
appointing authority shall appoint such persons to such vacant positions
on probation.
(Added Election 11/4/80 effective 12/3/80; Amended Election 11/4/86 effective 12/9/86)
(Added election 10/08/35 effective 01/22/37; Repealed election 06/06/06 effective 08/04/06)
(Added election 10/08/35 effective 01/22/37; Amended election 10/10/61 effective 02/13/62; Amended
election 10/09/79 effective 10/24/79; Election 06/06/06 effective 08/04/06)
Any member of the Police or Fire Department who, in time of
war or national emergency as proclaimed by the President or Congress,
or when any of the armed forces of the United States are serving outside
of the United States or its territories pursuant to order or request
of the United Nations, or while any national conscription act is in
effect, leaves or has left said office or position prior to the end
of the war, or the termination of the national emergency or during
the effective period of any such order or request of the United Nations
or prior to the expiration of the National Conscription Act, to join
the armed forces of the United States and who does or did without
unreasonable and unnecessary delay join the armed forces, or, being
a member of any reserve force or corps of any of the armed forces
of the United States or of the militia of this State, is or was ordered
to duty therewith by competent military authority and served or serves
in compliance with such orders, shall have a right, if released, separated
or discharged under conditions other than dishonorable, providing
said member was on an eligible list for promotion and would have been
promoted to the next higher rank during the period of such military
service had he not been absent on such military service, to be appointed
to such next higher rank subject to passing a satisfactory physical
medical examination, if employment is resumed with the Police Department
or Fire Department within three months after the termination of his
active service with the armed forces, but not later than six months
after the end of the war or national emergency or military or Police
operations under the United Nations or after the Governor finds and
proclaims that, for the purposes of this Section, the war, national
emergency, or United Nations military or Police operation no longer
exists, or after the expiration of the National Conscription Act.
In order to preserve the promotional rights guaranteed by this
Section and still maintain the operating efficiency of the departments,
the appointing power, with the approval of the Commission may make
temporary appointments to a higher rank to fill vacancies, such temporary
appointments to be for an indefinite term and pending the exercise
of the promotional rights conferred upon returning veterans by the
provision of this Section. The time limitations imposed by Section
2512* of this Article on provisional and temporary emergency appointments
shall not apply to temporary appointments made under this section
2513*.
* See Historical Notes at beginning of Article.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
No Commissioner or any other person shall, individually or in
cooperation with any one or more persons, defeat, deceive or obstruct
any person in respect to the right of examination or registration
according to the rules and regulations of this act or falsely mark,
grade, estimate or report upon the examination or proper standing
of any person examined, registered or certified, pursuant to the provisions
of this act, or aid in so doing; or make false representation concerning
the same or concerning the person examined or furnish any person any
special or secret information for the purpose of improving or injuring
the prospects or chance of any person examined, registered or certified,
or to be examined, registered or certified, or persuade any other
person or to permit or aid in any manner any other person to impersonate
the person in connection with any examination or registration or application
or request to be examined or registered.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
No recommendations, other than allowed by the rules of the Commission,
in favor of any person who shall apply for any office, place, position
or employment under civil service, or for examination or registration
under the provisions of this act or the rules and regulations adopted
by the Commission pursuant thereto, except in case of former employees
as to ability, when such recommendations as to character or ability
are specifically required by said rules and regulations, shall be
given to or considered by any person concerned in making any examination,
registration, appointment or promotion under the provisions of this
act or the rules or regulations adopted thereunder. No recommendation
under the authority of this act shall relate to the religious or political
opinions, affiliations or services of any person whosoever, nor shall
any appointment, change in, or removal from, any office place, position,
or employment under the provisions of this act be, in any manner affected
or influenced by such opinions, affiliations or services.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/11/77 effective 11/2/77)
No person holding any office, place, position or employment
subject to civil service is under any obligation to contribute to
any political fund or to render any political service to any person
or party whatsoever, and no person shall be removed, reduced in grade
or salary or otherwise prejudiced for refusing so to do. No public
officer, whether elected or appointed, shall discharge, promote, demote,
or in any manner change the official rank, employment or compensation
of any person under civil service or promise or threaten so to do,
for giving or withholding or neglecting to make any contributions
of money or service or any other thing of value, for any political
purpose.
(Added Election 10/8/35 effective 1/22/37)
No person employed under civil service or registered on the
eligible list of the classified service, coming under the provisions
of this act, shall accept election or appointment to any incompatible
public office, unless such person shall immediately resign from the
office, place, position or employment which the person then holds
under civil service, or in the case of persons on the eligible list
of the classified service, unless such persons will immediately have
their names stricken from such eligible list.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75; Amended Election 10/9/79 effective 10/24/79)
The tenure of everyone holding an office, place, position or
employment under the provisions of this act shall be only during good
behavior, and any such person may be removed or discharged, suspended
without pay, demoted or reduced in rank for any of the following reasons:
(a)
Incompetency,
inefficiency or inattention to or dereliction of duty.
(b)
Habitual
intemperance, immoral conduct, any willful failure on the part of
the employee to properly conduct himself or any willful violation
of the provisions of this act or the rules and regulations to be adopted
hereunder.
(c)
Dishonest
or immoral conduct.
(d)
Drunkenness
or use of intoxicating liquors, narcotics or any other habit forming
drug, liquid or preparation, to such extent that the use thereof interferes
with the efficiency or mental or physical fitness of the employee
or which precludes the employee from properly performing the functions
or duties of any position under civil service.
(e)
Conviction
of a felony or a misdemeanor involving moral turpitude.
(Added Election 10/8/35 effective 1/22/37)
In addition to the suspension, demotion or removal of a member
of the Fire Department or Police Department as provided in this Article,
the appointing authority may request the Commission to remove from
a departmental promotion list any member of the Fire Department or
Police Department of the City of Stockton for cause. No such request
shall be made except upon a written statement made by the appointing
authority and served upon the employee affected and filed with the
Commission.
Upon receipt of such request, the Commission shall conduct an
investigation. The investigation shall be confined to the determination
of the questions of whether such request was or was not made in good
faith for cause, whether such removal is found to be within the intent
of the general purposes of this act or whether such removal is found
to be in the interest of good personnel administration.
The decision of the Commission shall be final.
(Added Election 10/9/73 effective 1/17/74)
The appointing authority may suspend any member of the Fire
Department or Police Department of the City of Stockton, for cause,
for a reasonable period, not exceeding 60 work days at any one time,
with loss of salary or other compensation. The appointing authority
shall not be authorized to suspend the same person for a total of
more than 90 work days during any one fiscal year. No suspension shall
be made except upon written charges made by the appointing officer
and served upon the accused and filed with Commission, with the privilege
to the accused of serving upon the appointing authority a written
answer and explanation of such charges and filing a copy of the same
with the Commission.
Any person so suspended may, within 10 days from the time of
suspension, file with the Commission a written demand for an investigation,
whereupon the Commission shall conduct such investigation. The investigation
shall be confined to the determination of the question of whether
such suspension was or was not made in good faith for cause.
The hearing under this Section shall be conducted by the Commission
in the same manner as the hearing upon demotion set forth in Section
2521 hereof and the Commission, upon such hearing and investigation,
may affirm said suspension or if it shall find that the suspension
was made for political or religious reasons or was not made in good
faith for cause, shall order that the suspension be revoked and set
aside. The decision of the Commission shall be final and there shall
be no appeal therefrom. The findings of the Commission shall be certified
in writing to the appointing power and shall be forthwith enforced
by such officer.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
No person in the classified service who shall have been permanently
appointed or inducted into civil service under the provisions of this
act, excepting the Chief of the Police Department, shall be demoted,
except for cause, and only upon the written accusations of the appointing
officer and upon the written recommendations of the Chief of the Department
under whose jurisdiction the person is employed, a written statement
of which accusation, in general terms, shall be served upon the accused
and a duplicate filed with the Commission.
Any person so demoted, excepting the Chief of the Police Department,
may, within 10 days from the time of demotion, file with the Commission
a written demand for an investigation, whereupon the Commission shall
conduct such investigation. The investigation shall be confined to
the determination of the question of whether such demotion was or
was not made for political or religious reasons and was or was not
made in good faith for cause. After such investigation the Commission
may affirm the demotion or if it shall find that the demotion was
made for political or religious reasons or was not made in good faith
for cause, shall order the immediate reinstatement of such person
to the office, place, or position or employment from which such person
was demoted, which reinstatement shall, if the Commission so provides,
in its discretion, be retroactive and entitle such person to such
pay or compensation as the person would have received had the person
not been demoted. The Commission, upon such investigation, in lieu
of affirming the demotion, may modify the order of demotion by directing
a suspension without pay for a given period and subsequent restoration
to the person's grade prior to demotion. The findings of the Commission
shall be certified in writing to the appointing power and shall be
forthwith enforced by such officer. All investigations made by the
Commission pursuant to the provisions of this Section shall be by
public hearing after reasonable notice to the accused of the time
and place of such hearing, at which hearing the accused shall be afforded
an opportunity of appearing in person and by counsel and presenting
the accused's defense and may for said purposes have subpoenas issued
and require the attendance of witnesses to present the accused's defense.
If the accused party is dissatisfied with the judgment or decision
of the Commission, the accused may appeal to the Superior Court of
the State of California, in and for the County of San Joaquin, within
the time and in the same manner as set forth in Section 2522 hereof.
The said Superior Court shall proceed to hear said appeal and the
decision of the said Superior Court shall be limited to the determination
of whether the judgment, order or decision was or was not made for
political or religious reasons or was or was not made in good faith
for cause. The Superior Court shall be authorized to make any decision
or judgment which the Commission is authorized to make. The findings
of the said Superior Court shall be certified in writing to the appointing
officer of the City of Stockton and shall be forthwith enforced by
such officer.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
No person in the classified service who shall have been permanently
appointed or inducted into civil service under the provisions of this
act shall be removed or discharged except for cause and only upon
the written accusation of the appointing officer or any taxpayer in
the City of Stockton, and upon the written recommendation of the Chief
of the Department under whose jurisdiction the person is employed,
a written statement of which accusation, in general terms, shall be
served upon the accused and a duplicate filed with the Commission.
Any person so removed or discharged may, within 10 days from the time
of removal or discharge, file with the Commission a written demand
for an investigation, whereupon the Commission shall conduct an investigation.
The investigation shall be confined to the determination of the question
of whether such removal or discharge was or was not made for political
or religious reasons and was or was not made in good faith for cause.
After such investigation if the Commission determines the removal
or discharge was made for political or religious reasons or was not
made in good faith for cause it shall order the immediate reinstatement
or re-employment of such person in the office, position or employment
from which such person was removed or discharged, which reinstatement
shall, if the Commission so provides, in its discretion, be retroactive
and entitle such person to pay or compensation from the time of such
removal or discharge.
The Commission, upon such investigation, in lieu of affirming
the removal or discharge, may modify the removal or discharge by directing
a suspension without pay for a given period and subsequent restoration
to duty or demotion in classification, grade or pay; the findings
of the Commission shall be certified in writing to the appointing
power and shall be forthwith enforced by such officer.
All investigations made by the Commission pursuant to the provisions
of this Section, shall be by public hearing, after reasonable notice
to the accused of the time and place of such hearing, at which hearing
the accused shall be afforded an opportunity of appearing in person
and by counsel and presenting the accused's defense and may for said
purpose have subpoenas issued and require the attendance of witnesses
to present the accused's defense. If the accused is dissatisfied with
the judgment or order made by the Commission or a majority thereof,
the said accused may appeal to the Superior Court of the State of
California, pursuant to the provisions of Section 1094.5 of the Code
of Civil Procedure.
This Section shall not be applicable to the removal by demotion
of the Chief or Deputy Chiefs of the Police Department, or the Deputy
Fire Chief.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75; Amended Election 10/9/79 effective 10/24/79)
It shall be the duty of the appointing authority to report to
the Commission forthwith upon each appointment the name of the appointee,
the title or character of the office, place, position or employment
to which the appointment is made, the date of the commencement of
service, and the salary or compensation therefor, and to report from
time to time and upon the date of official action in or knowledge
of each case any suspension of any person from any office, place,
position or employment, or other changes, and to furnish such other
information as the Commission may require in order to keep the roster
hereinafter mentioned. The Commission shall keep in its office an
official roster of all persons holding offices, places, positions
and employments under the provisions of this act and shall enter therein
all employments, demotions, transfers, reinstatements, resignations,
suspensions, leaves of absence, removals and discharges, setting forth
in each instance the date of commencement or termination of service
or other change, the nature of the duties performed, and the salary
or compensation therefor, together with sufficient information to
show why and how such appointments or other changes were made. The
said roster shall be kept so as to disclose readily to anyone desiring
to inspect the same, all the said matters in connection with each
office, place, position or employment subject to civil service, and
in connection with persons employed therein. It shall be the duty
of the Commission to certify to the legislative body of the City the
name of each person appointed or employed in the classified civil
service, stating in each case the title or character of the office,
place, position or employment held by such person, the salary or compensation
paid and the date of the commencement of service, and, also, so far
as practical, the name of each person employed in violation of this
act, or the rules and regulations established thereunder and to certify
to the legislative body of the City, in like manner, every change
occurring in any place, office, position or employment held by any
persons in the classified civil service forthwith on the occurrence
thereof. No officer or employee of the City of Stockton, so far as
it concerns employees subject to civil service, shall draw, sign,
countersign, authorize or honor any warrant or order for the payment
of or pay any salary or compensation to any person in the classified
service who is not certified by the Commission to the legislative
body of the City as hereinbefore provided. Any persons entitled to
be certified aforesaid may maintain a proceeding by mandamus to compel
the issuance of such certificate. Any sums paid contrary to the provisions
of this Section may be recovered in any action in the name of the
City from any officer or employee of such City paying the same, or
from any officer signing, countersigning, drawing or issuing or authorizing
the issuing, drawing, signing, or issuing of any warrant or order
for the payment thereof and from the securities on his or her official
bond. All moneys recovered in such action must when collected, after
paying all expenses of such action be paid into the City Treasury.
(Added Election 10/8/35 effective 1/22/37)
It shall be the duty of all City officials and employees of
the City to aid in all proper ways in carrying out the provisions
of this act, and such rules and regulations as may from time to time
be prescribed by the Commission thereunder and to afford the Commission,
its members and employees all reasonable facilities and assistance
to inspect all books, papers, documents and accounts applying or in
any way appertaining to any and all offices, places, positions and
employments subject to civil service and also to produce said books,
papers, documents and accounts and attend and testify, whenever required
so to do by Commission or any Commissioner.
(Added Election 10/8/35 effective 1/22/37)
The Commission shall investigate and report annually to the
legislative body of the City concerning the administrative needs of
the service, the personnel, the positions in the service and the compensation
provided therefor, the examination held by the Commission, the appointments
made, service ratings and removals in the civil service, the operation
of the rules of the Commission and recommendations for promoting efficiency
and economy in the service, with details of expenditure and progress
of work. The legislative body of the City may require a report from
said Commission at any time respecting any matter within the scope
of its duties hereunder. The records of the Commission shall be open
to public inspection by any citizen under reasonable supervision.
(Added Election 10/8/35 effective 1/22/37)
(Added election 10/08/35 effective 01/22/37; Amended Election 10/14/75 effective 11/03/75; Repealed
election 06/06/06 effective 08/04/06)
Except in cases of conflagration, flood or similar emergency
the basic working time of any member of the Fire Department, excepting
the Chief of the Fire Department or Deputy Chief of the Fire Department,
shall not be more than 56 hours per week averaged over a 12 week period.
All working shifts for the Fire Suppression Division shall commence
at 8:00 A.M. of each day.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/8/57 effective 3/18/58; Amended Election 6/4/74 effective 8/21/74; Amended Election 10/9/79 effective 10/24/79)
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/9/79 effective 10/24/79; Repealed
Election 11/02/10 effective 12/9/10)
(Added election 10/08/35 effective 01/22/37; Amended election 10/14/47 effective 03/03/48; Repealed
Election 06/06/06 effective 08/04/06)
(Added election 10/08/35 effective 01/22/37; Amended election 10/10/61 effective 02/13/62; Amended
Election 11/03/81 effective 12/04/81; Repealed election 06/06/06 effective 08/04/06)
No officer or member of the Fire Department or Police Department
shall be permitted, without the consent of the administrative head
of the City, to accept any money, gratuity or compensation for any
service he may render as a member of the Fire Department or Police
Department, other or in addition to his regular salary. The legislative
body of the City may, upon the recommendation of the Chief of the
Department, reward any officer or member of the Department for conduct
which is heroic or meritorious. The form or amount of such award shall
be discretionary with the legislative body of the City, but not exceeding
in any one instance one month's salary. The legislative body of the
City may appropriate money for such rewards.
(Added Election 10/8/35 effective 1/22/37)
(Added election 10/08/35 effective 01/22/37; Repealed election 06/06/06 effective 08/04/06)
No person in the classified service or seeking admission thereto
shall be appointed, promoted, demoted, suspended or discharged, or
in any way favored or discriminated against because of political opinions
or affiliations, or because of religious belief.
(Added Election 10/8/35 effective 1/22/37)
(a)
Appointment
of new members to the classified service of the Fire Department shall
not be deemed complete until a probation period not to exceed 18 months
has elapsed and a probationer may be discharged at any time within
said period of 18 months. Successive temporary appointments shall
not be allowed.
(b)
Appointment
of new members to the classified service of the Police Department
shall not be deemed complete until a probation period not to exceed
18 months has elapsed and a probationer may be discharged at any time
within said period of 18 months. Successive temporary appointments
shall not be allowed.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/9/73 effective 1/17/74; Amended Election 11/5/02 effective 04-10-03)
It shall be the duty of the City Council or legislative body
to make adequate provision to enable the Commission properly to carry
out the purposes of this act. It shall be the duty of the officers
of the City to allow the reasonable use of public buildings and rooms
for the holding of any examinations or registrations provided for
by this act and to provide the Commission with suitable convenient
rooms and supply it with all office supplies and equipment necessary
to carry on the business of the Commission and with such clerical
assistance as may be necessary in all possible ways to facilitate
the work of the Civil Service Commission.
The cost of conducting examinations and other duties of the
Civil Service Board shall be charged against the general fund of the
City. The costs shall be certified by the Civil Service Board and
when so certified shall be paid by the legislative body of the City
in the same manner as other charges against the City.
(Added Election 10/8/35 effective 1/22/37)
The legislative body of the City of Stockton shall, immediately
upon taking effect of this act, enact suitable ordinances to carry
into effect the provision thereof, including among other things a
provision providing for the punishment of such persons who may violate
any of the provisions of this act.
(Added Election 10/8/35 effective 1/22/37)
As the legislative body of the City, the Council may provide
for the placing of any of the other employees of the City of Stockton,
not mentioned or specified anywhere in this act, under civil service
and under the jurisdiction of the Civil Service Commission provided
for in this Article, in which event, the Commission shall make suitable
rules and regulations and provide in detail the manner in which examinations
may be held and appointments, promotions, transfers, reinstatements,
demotions, suspensions and discharges shall be made, and also provide
for any other matters which may be considered desirable to further
carry out the general purposes of this Section. The Commission may
change such rules and regulations from time to time.
This Section shall be construed as a separate and distinct Section
and not connected with or related to the civil service pertaining
to the Fire and Police Departments of the City of Stockton as set
forth in the preceding sections hereof, excepting that all of the
employees placed under the civil service shall be under the jurisdiction
of the Civil Service Commission provided for in this Article.
(Added Election 10/8/35 effective 1/22/37)
The provisions of this Article shall be liberally construed
to the end that the intent and purpose thereof may be given effect,
and particularly to the effect that both the Fire Department and the
Police Department of the City of Stockton shall be operated upon the
civil service rules and regulations herein provided.
Wherever the term "Police Officer" is used in this Article,
it shall be deemed to be applicable to members of the classified service
of the Police Department of either sex and irrespective of any prior
description used for the position held by such members.
(Added Election 10/8/35 effective 1/22/37; Amended Election 10/14/75 effective 11/3/75)
If any section, subsection, subdivision, sentence, clause or
phrase of this act shall, for any reason, be held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of the provision of this act.
(Added Election 10/8/35 effective 1/22/37)
All provisions and/or clauses of the several City ordinances
of the City of Stockton and all provisions, sections and clauses of
the Charter of the City of Stockton approved by the legislature in
1923, and all amendments thereto in conflict herewith are hereby expressly
repealed.
(Added Election 10/8/35 effective 1/22/37)
The City Council shall have the power to suspend or waive any
and all provisions of this Article in the event of an emergency. For
the purposes of this Section, emergency is defined as any circumstance
or condition which in the determination of the City Council, may adversely
affect the public health, safety, welfare or morals of the City of
Stockton. The powers granted to the City Council by this Section shall
remain in effect for a period of not to exceed 90 days or the date
upon which the emergency terminates, whichever period is less.
(Added Election 11/4/80 effective 12/3/80)
In the event an employee of the City, who holds a Classified
Civil Service position is appointed to a position in the Unclassified
Service, should subsequently be removed or resign from the Unclassified
Service, he or she shall have the right, if he or she has not been
guilty of conduct bringing discredit, as that term is presently or
hereafter defined in Government Code Section 19572, upon the City,
to be employed forthwith in a position consonant with his or her former
classification in the Classified Service without loss of any rights
or privileges and upon the same terms and conditions as if he or she
had remained in said classification.
(Added Election 03/07/2000, Effective 01/01/2001)
