Rule VI APPLICATION AND EXAMINATION

Form. Application shall be made on the forms provided by the Personnel Officer. Such forms shall require information covering training, education, experience, and other pertinent information, and may include a request for fingerprints. All applications must be completed and signed by the person applying.

Eligibility Requirements. All applicants for classified employment, including transitional and COSIP employment, must meet the minimum qualifications as set forth in the job announcement. Specified positions may be required to successfully complete a background investigation, which may include a polygraph and/or voice stress analysis test and psychological examination, and/or a California Department of Justice fingerprint clearance.

After a background investigation, including a polygraph and/or voice stress analysis test and psychological examination, the Human Resources Director may reject or disqualify any applicant in accordance with section 3 of this rule.

Lateral-entry, COSIP, and transitional applicants must meet the following requirements:

Lateral-Entry Police Telecommunicator Applicants. To be eligible as a Lateral-Entry Police Telecommunicator, an applicant must (i) be currently, or within the past 12 months, employed as a Telecommunicator with a public agency or a similar situation or equivalent as determined by the City; (ii) completed a probationary period as a Telecommunicator or equivalent position with another public agency or a similar situation; (iii) possess a current P.O.S.T. Telecommunicator certification; and (iv) have experience in a public safety dispatch system.

Lateral-Entry Fire Telecommunicator Applicants. To be eligible as a Lateral-Entry Fire Telecommunicator, an applicant must (i) possess two years of full-time experience as a telecommunicator or dispatcher in a public agency or a similar situation; and (ii) possess or be able to obtain other licenses and certificates required to perform the job as determined by the City.

Lateral Fire Fighter Trainee. To be eligible as a lateral-entry Fire Fighter Trainee, an applicant must: possess a high school diploma or GED; possess, or be able to obtain prior to appointment, and maintain a valid Class C or greater driver's license; possess an EMT Certification from a California County Emergency Services agency or National Registry or Paramedic Accreditation from a California Emergency Medical Services agency or National Registry; possess or able to acquire and maintain, within one year of employment, current certification as an Emergency Medical Technician/Level I or Paramedic issued in San Joaquin County; possess four continuous months (within the last 12 months), in good standing, of full-time (includes seasonal) paid work experience fighting fires in a municipal fire service agency, fire protection district, or state or federal fire agency as of the date of appointment; and must possess a Fire Fighter I certification from either California State Fire Training (CASFT), International Fire Service Accreditation Congress (IFSAC), or the National Board of Fire Service Professional Qualifications (The ProBoard); and must have successfully completed a CPAT examination within 12 months prior to date of appointment.

Transitional Applicant. To be eligible as a transitional applicant, the employee must have been initially hired from or be currently on an eligibility list, be currently employed in the position applying for, or in a comparable position (as determined by the Director of Human Resources), and must have successfully completed 3042 hours or more of continuous service (as evidenced by the employee's personnel file and most recent performance evaluation). The transitional eligible shall make application in the same manner set forth in section 2(a), above.

COSIP Interns. (a) Entry into Program. Students who apply to COSIP and meet the program requirements and minimum qualifications as indicated in the position specification shall be placed on the COSIP eligible list.

Eligibility for Promotional Examinations. COSIP interns must apply for full-time promotional examinations within 120 days of completion of all graduation requirements. Such interns must have attained a minimum grade point average of 3.0; must meet the minimum requirements for the position; must have successfully completed one year of continuous service working a minimum average of 12 hours per week in COSIP (relevant volunteer, part-time, or full-time work experience with the City of Stockton as evidenced by the employee's personnel file and most recent performance evaluation); to be eligible to compete in promotional examinations.

(CS97-003, 01/16/97; CS 00-028, 4/20/00; CS02-033, 04/18/02; CS03-063, 09/04/03; CS04-088, 08/19/04; CS05-093, 07/21/05; CS06-034, 02/16/06; CS08-047, 03/20/08; CS08-048, 03/20/08; CS2014-06-19-1101; CS2020-05-21-1201; amended by Resolutions CS2020-10-15-1201)

Sec. 3 Disqualification of applicants.

Disqualification. The Director of Human Resources has the authority to disqualify candidates consistent with the provisions of these rules. The following shall constitute grounds for disqualification of a candidate:

Failure to meet any of the requirements or qualifications established for the classification;

False statement of material fact or actual or attempted deception, fraud or misconduct in connection with the application or examination;

Conviction of an offense (including pleas of guilty or nolo contendere) in accordance with state and federal laws;

A determination has been made that the candidate cannot perform the essential job functions of the classification, with or without accommodation, for which he or she has applied;

Been dismissed from public service, or has resigned in lieu of dismissal;

(6)

Failed to submit an application and/or related supplemental documents within the prescribed time limits;

(7)

Has otherwise failed to meet the City's employment standards or violated the provisions of the law, or these rules; or

(8)

Where there exists any other evidence deemed appropriate by the Director of Human Resources to reasonably disqualify.

The cause for rejection shall be entered upon the record of the application and filed in conformity with these rules, and the affected shall be notified.

Frivolous Applicants. When the Civil Service Commission of the City of Stockton believes for any reason that an applicant for a position in the classified service does not intend to take the position when offered, it may move to call the applicant before the Commission at its next regular or special meeting. Notice shall be given to the applicant.

At this next regular or special meeting the Commission may ask the applicant if he or she intends to take the position if it is offered. If the applicant fails to reply in the affirmative the Commission may, in its discretion,: (1) if the applicant has not yet taken the examination for the position, reject the application to take such examination; or (2) if the applicant has taken the examination but it has not yet been scored, order the chief examiner not to score the examination paper; or (3) if the applicant has been placed on the eligibility list for the position, order the applicant's name to be stricken from said eligibility list.

Sec. 6 Qualifying grades and rating examinations.

Appealability. The removal of a name from an eligible list due to failure to complete and/or successfully pass a background investigation is not appealable to the Commission.

(CS03-063, 09/04/03; CS07-096, 07/19/07; amended by Resolutions 2016-12-15-1001)

Sec. 4 Scope of examination.

Examinations may be assembled or unassembled and may consist of written or oral tests, performance or demonstration tests, examinations of physical or mental fitness, or any combination thereof, but shall be designed to test the relative ability of applicants to perform the duties of the class to which appointment is sought.

(Amended by Resolution CS03-063, 09/04/03)

Sec. 5 Conduct of examination.

The Personnel Officer shall conduct all examinations or shall designate some competent person or agency to conduct all or any part thereof or to participate therein, or to contract with any competent agency or individual to score examinations. The Personnel Officer shall arrange for the use of facilities and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto.

(CS97-044, 5/1/97; CS03-063, 09/04/03; amended by Resolutions CS2015-10-15-1101)

Qualifying Factors. In all examinations, the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for a subsequent part of the examination.

Minimum Score. Applicants shall be required to attain a score of not less than 70% in each part of the examination and general average of not less than 70% in order to qualify in an examination; except that in a promotional examination, it may be within the discretion of the Chief Examiner to require a higher general minimum average.

Sec. 8 Inspection of open and promotional written examinations.

Adjusted Scores. In written tests the percentage used to represent the minimum score need not be the arithmetic percentage of the total possible score, but may be an adjusted score based on a consideration of the difficulty of the test and the quality of the competition; provided that such adjusted score shall be established by the Chief Examiner before the identification of applicant's test papers.

(5710, 9/18/80; amended by Resolutions CS03-063, 09/04/03)

Sec. 7 Veteran's preference.

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 least 181 consecutive days and have been honorably discharged. These credits shall apply to entrance examinations only.

(CS03-063, 09/04/03; amended by Resolutions CS04-056, 05/20/04)

Inspection of Written Examinations. During the inspection period, as set forth in subsection (b) of this section, participants on a written examination may inspect a copy of the examination in the presence of a designated representative of the Director of Human Resources. This privilege does not extend to examinations used on a continuous testing basis, standardized examinations, copyrighted examinations, examinations obtained through a testing agency where contractual provisions prohibit the exposure of content, or when, in the judgment of the Chief Examiner, this exposure would damage the examination's reliability or validity.

Inspection Period for Written Examinations. Except as provided in section 8(a), the inspection period is that period beginning the third work day immediately following the administration of the written examination and ending five work days later. The duration of any examination inspection shall not exceed one hour. Only one inspection shall be allowed. This period may be extended if, in the judgment of the Director of Human Resources, the number of requests of participants for inspection exceeds the work time available for such inspection.

Protest Period for Written Examinations. The protest period is that period beginning the third work day immediately following the administration of the written examination and ending 10 working days later. During this period, any participant may file with the Director of Human Resources a written protest, on the form prescribed, setting forth the question number and reasons and/or authority in support of the protest. Such protests shall be deemed the only proper and legal reference to specific test items and their general content, and as such, shall not be a violation of section 11(b).

Evaluation of Protests. The Director of Human Resources shall submit such protests to the test consultant that developed the examination for prompt evaluation and recommendation. The results of such evaluation shall be submitted to the Commission as soon as practicable after receipt from the test consultant.

Public Hearing. The Commission shall schedule a public hearing to vote upon the protests. The examination will then be scored under a method determined by the Commission.

(CS 5040, 4/21/77; amended by Resolutions CS03-063, 09/04/03)

Sec. 9 Open/promotional examinations.

Qualifications for Open/Promotional Examinations. Whenever an examination is held, the Chief Examiner shall permit qualified regular employees holding positions in the lower classes and eligible COSIP interns to compete in the examination on a promotional basis. To qualify for the promotional eligible list, the employee and/or intern must attain a final examination grade as required by the Chief Examiner except that in a promotional examination, it is within the discretion of the Chief Examiner to require a higher general minimum average. ((a) amended by Resolutions CS08-102, 10/02/08; CS08-047, 03/20/08)

Procedure. After a review of the number and types of vacancies to be filled and the number of employees who may be qualified to hold the position, the Chief Examiner shall determine whether it is in the best interest of the Classified Service to designate any examination as open/promotional, open, or promotional.

Certification of Eligibility List. The Civil Service Commission shall certify all merged open/promotional, open, and promotional eligibility lists.

Certification from Eligible List. The appointing authority shall have the following options to request certification of names from a merged open/promotional, promotional, or combination open and promotional eligible list:

Certification of the top 10 names on the open/promotional merged eligible list; an additional name shall be certified for each additional vacancy; OR

Certification of the top three names on the promotional eligible list; an additional name shall be certified for each additional vacancy; OR

Certification of the top seven names from the open eligible list and the top three names from the promotional eligible list. Under this option, a combined total of 10 eligibles shall be certified to the appointing authority for one vacancy. One additional name shall be certified from either of the open or promotional eligible list for each additional vacancy.

Sec. 10 Examination results and inspection of final scoring.

Appointment. The appointing authority shall make an appointment to fill the vacancy from among those eligibles certified pursuant to this subsection.

(f)

Restriction. In no case shall an appointing authority be allowed to non-select qualified candidates in favor of another candidate who is not among the top-ranking candidates on the eligible list.

(g)

Effect of Lay-Off on Promotional Examination. Employees who are eligible to take promotional examinations upon official announcement of the examination and are laid off prior to completion of the examination shall be allowed to complete the examination process. If successful in the examination, said eligible shall remain on the eligible list until appointed, the list expires, or two years, whichever occurs first.

(CS03-063, 09/04/03; CS07-127, 09/20/07; CS08-102, 10/02/08; amended by Resolutions CS09-057, 11/5/09)

Notice. Each candidate shall be given notice of relative standing on the eligible list by mail or by posting in accordance with rule II, section 4 of these rules. Each candidate who fails to obtain a place on the eligibility list shall be given written notice in accordance with rule II, section 4 of these rules.

Inspection. During the five working days immediately following the date of notice of relative standing on the eligible list, any participant shall be entitled to inspect his or her written test papers in the Department of Human Resources during regular office hours and in the presence of the director's designee.

Restrictions. The inspection of a test paper shall include only the candidate's own answer sheet and scoring answer sheet. The duration of this inspection shall not exceed 15 minutes per candidate.

Sec. 11 Confidentiality of examination papers; effect of violation.

Errors in Computing Scores. Upon the request of a candidate, the candidate shall be granted a consultation with the director and/or the Chief Examiner to discuss the correction of any item or errors in the computation of the candidate's total score, and to review the reasons for the score. The consultation may include discussion of the written, performance, oral, or other rating devices.

If an error in the marking or grading of an examination is raised by the candidate, the Civil Service Commission shall be informed at the next regular meeting. The Commission shall consider the request from the candidate and the report from the director concerning such alleged error(s). The Commission shall determine the need for correction and, if necessary, shall instruct the director to republish the eligible list as corrected by the Commission. Such correction(s) shall not invalidate any certification or employment previously made.

(5356, 2/16/79; amended by Resolutions CS03-063, 09/04/03; amended by Resolution CS07-079, 06/07/07)

Every participant's marking and papers shall be subject to inspection by the employing department head and the Personnel Officer and shall also be open to public inspection at the discretion of the Civil Service Commission.

Sec. 12 Establishment, duration, and removal of names from eligible lists.

Examination booklets and other documents and their contents are the confidential property of the examining contract agency and/or Commission. Any effort by any person to duplicate, reconstruct, take notes of, or in other ways reproduce the content or structure of said examination(s), except as expressly provided for in section 8(c), shall be cause for civil action on the part of the City and/or disciplinary action, including dismissal as defined in these Civil Service Rules and Regulations.

(Amended by Resolution CS03-063, 09/04/03)

Establishment of Lists. After each examination has been scored and rated, the names of successful candidates shall be recorded in the order of their standing in the examination. Eligibility lists established as a result of continuous testing shall be integrated with the existing eligible list as provided in section 12 of this rule. In the event of identical ratings, names shall be arranged in order of application, date, and, if the same, then arranged alphabetically. The Commission shall certify the results of each examination conducted by other than continuous examination.

Duration of Entry-Level and Promotional Eligible Lists. The period of eligibility for appointment from all classified eligible lists established by other than continuous examinations shall be at the discretion of the Commission, but will in no case exceed three years from the date the eligible list was established.

Abolition of Eligible Lists. Upon the recommendation of the Personnel Officer and with the approval of the Commission, an eligible list may be abolished prior to the expiration of three years for reasons of inadequacy or other reasons consistent with the principles of merit and good personnel administration, provided that names appearing on the list by reason of layoffs shall remain effective for two years from the date of the latest separation from the service. The right of a laid off employee to have his or her name remain on an eligible list for a comparable or lower class shall not be affected by the refusal or waiver of appointment to a position never held by such laid off employee.

Removal of Names From Eligible Lists. Upon the recommendation of the Personnel Officer and with the approval of the Commission, the name of an eligible may be removed from an eligible list in the event the eligible is certified to three different vacancies and is not appointed or for reasons contained in section 3 of this rule. This subsection shall not apply to laid off employees, whose names shall remain on an eligible list for a comparable or lower class until such employee is appointed to the position or the two-year period expires.

The name of an eligible that is certified to a position subject to a background investigation shall be removed from the affected eligible list for reasons of failure to successfully complete a background investigation, which may include a polygraph and psychological examination; provided, however, that the position is assigned only to a department that requires all employees to successfully complete a background investigation, which may include a polygraph and psychological examination. ((d) amended by Resolution CS05-093, 07/21/05)

Names of the eligibles shall also be removed by the Personnel Officer from the eligible list when the records of the Personnel Officer show:

That said eligible person has not passed a satisfactory physical or medical examination as shown by the report of the examining physician;

That, for any reason, the eligible person has been tendered employment and has not accepted the same; unless waiver of acceptance of employment has been granted by the Personnel Officer after written application has been made; or unless the eligible's name has been placed on the list as a result of layoff, in which event the eligible shall have the right to refuse appointment in accordance with subsection (d), above;

That the eligible refused or neglected to respond to any first-class correspondence within a reasonable time;

That the eligible has been appointed to the position for which the list was established;

That the eligible has requested in writing that his/her name be removed;

(6)

In the case of promotional eligible lists, that the eligible is not an employee of the City of Stockton; except, in those cases where the applicant is employed at time of application and is laid off, through no fault of his/her own, said employee will remain on such promotional list until appointed, the list expires, or two years, whichever occurs first; or

(7)

That the eligible has failed to complete the Peace Officers Standards and Training Basic Academy. ((7) added by Resolution CS05-156, 11/17/05)

Lateral-Entry Eligible List. Lateral-entry candidates who have passed an unassembled examination as set forth in these rules shall be placed on the lateral-entry eligible list after completion of all tests and may be certified for appointment in addition to the eligibles who successfully passed all assembled examinations. ((e) amended by Resolution CS05-156, 11/17/05)

(f)

Limited Term Eligible List. Limited Term eligibles who have successfully completed an unassembled examination shall be placed on the transition eligible list and shall be certified for transition to full-time appointment in addition to the eligibles who successfully passed all assembled examinations.

(g)

Police Officer Recruit Eligible List. Police Officer Recruit candidates who have passed an unassembled examination as set forth in these rules shall be ranked according to scores received in the POST Entry Level Law Enforcement Test and placed on the Police Officer Recruit eligible list after completion of requirements and may be certified for appointment in addition to the eligibles who successfully passed all assembled examinations. (Subsection (g) amended 02-01-07 by Resolution CS07-011; amended by Resolution CS05-156, 11/17/05; added by Resolution 04-083, 08/05/04)

(h)

Reinstatement of an Expired Eligible List. Within 90 days of the expiration of an eligible list, such list may be reinstated for good cause, at the discretion of the Civil Service Commission, if the list is less than three years old.

Good cause for reinstatement may include, but is not limited to, any or both of the following reasons:

Eligibles have been certified, but there remains an insufficient number of candidates to fill the existing vacancies;

Unforeseen circumstances arise whereby the immediate needs of the City require taking such action. (Subsection (h) added by Resolution CS05-156, 11/17/05)

(Amended by Resolution CS03-063, 09/04/03; amended by Resolution CS04-088, 08/19/04; amended by Resolution CS09-057, 11/5/09)

Sec. 13 Integration of eligible lists.

Existing eligible lists shall be integrated with the eligible lists established as a result of subsequent examinations given for the same position. Candidates appearing on an existing eligible list established by the continuous examination process shall be permitted to compete in said examination, and shall be integrated in the new list of eligibles at their highest rating.

Candidates appearing on an eligible list established through a continuous examination process shall be permitted to compete not more than three times in any one year from the date of their first examination for the same position and shall be integrated in the eligible list at their highest score.

(5356, 2/15/79; amended by Resolutions CS03-063, 09/04/03)

Sec. 14 Special program exceptions.

Grant Funded Procedures. Examinations for federal or state funded positions shall be conducted pursuant to all sections of Rule VI except: Section 1, Announcement of Examination, that part describing processing and publishing time periods. Section 6, Qualifying Grades, that portion dealing with veterans credit, all of Section 8, Eligibility Lists and all of Section 9, Integration of Eligibility Lists.

While the examination for federal and state funded positions will generally follow Rule VI procedures, the above mentioned exceptions are required on occasion to conform to the purpose, intent, or deadlines stipulated by various federal or state grant agencies.

Selective Certification for Special Skills. If the Director of Human Resources, as the designated representative of the Civil Service Commission, determines that a special skill is needed for less than all positions in a class, such special skill may be tested for on a pass-or-fail basis as part of the examination for the class or, in lieu of testing, the Director of Human Resources reserves the right to accept official verification as proof of special skill. If the special skill has been tested for or verified as provided in this paragraph, an appointment to a vacancy in a position in the class which requires the special skill shall be made from among the persons possessing the special skills who are available for appointment and whose scores at the time of certification represent the 10 highest scores on an open eligible list or the three highest scores on a promotional eligible list.

Sec. 15 Appeal of non-written promotional examination components.

Appointment Procedures; Transition to Regular Civil Service Status. Candidates hired by the City of Stockton under federal, state, or local grant programs, who have completed not less than six months of satisfactory service as determined by recorded performance ratings and who have been certified by the Personnel Officer as qualified for designated classes, shall be considered "an eligible" within the meaning of section 8 of this rule. Separate eligibility lists shall be maintained for said employees and they shall be subject to removal from said eligibility list the same as any other eligible.

Employees hired under grant programs, who are otherwise qualified for transition and are laid off, through no fault of their own, shall remain eligible for transition, if at such time they are currently employed by the City in either a provisional, temporary, or part-time status. Said employee will be eligible for such transition up to two years from the date laid off.

(CS03-063, 09/04/03; amended by Resolutions CS09-057, 11/5/09)

Authority. The Civil Service Commission has the exclusive power and authority to hear and decide all appeals of promotional examinations. The Commission appoints the Chief Examiner to administer all examinations and to review and determine whether all appeals filed under this section meet the standards for further review by the Commission. The final decision of the Chief Examiner shall be subject to review by the full Commission upon a valid appeal filed by the applicant or candidate in accordance with this section.

Scope of Review by Chief Examiner. The Chief Examiner shall have the power and authority to consider appeals on any issue regarding the scoring and ranking of all promotional examinations, including oral examinations, practical examinations, manipulative examinations, assessment centers, and any other component comprising the non-written portions of promotional examinations.

Right of Appeal. Any applicant for a promotional examination in the Classified Service shall have a right to appeal to the Chief Examiner any non-written portion of a promotional examination upon a showing of a significant irregularity in the examination process; discrimination, as defined under federal or state law; or a violation of these rules that adversely affected the examination process.

A significant irregularity in the examination process occurs when the examination is not administered in accordance with the examination plan adopted by the Commission or the examination method was not applied fairly to all competitors.

A violation of the rules occurs when any participant or administrator violates any part of the Rules and Regulations of the Civil Service Commission.

The filing of an appeal with the Chief Examiner shall not cause the promotional examination process to cease.

Non-Appealable Actions. The Civil Service Commission has determined that the following subjects are not subject to appeal:

Weights of Examination Components.

An objection to ratings or rankings based solely on the applicant's or candidate's belief that he or she is entitled to a higher or passing score.

Process and development of examinations, including, but not limited to, subjects covered in the examination.

A qualified rater is defined as an individual who is considered equal to or above the rank of which is being tested and is appropriately trained or receives rater orientation of the testing process.

Procedures.

Time and Place of Filing. Appeals shall be filed in writing with the Human Resources Department within 10 City work days of the administration of the examination component giving rise to the appeal. However, an applicant or candidate must bring to the attention of the designated Human Resources representative present at the examination site any alleged irregularity in the examination process that significantly interferes with the applicant's or candidate's performance by 5:00 p.m. of the following City work day. Such irregularities include, but are not limited to, an alleged equipment malfunction or ambiguous examination instructions. No appeals shall be accepted unless filed in accordance with this section.

Format of Appeal. The appeal must be in writing and upon the form designated by the Director of Human Resources and approved by the Civil Service Commission. For each appeal, the applicant or candidate must:

State the specific grounds upon which the appeal is based

Cite the specific Civil Service Rule, if any, that was violated

Provide facts, including documents, to support the appeal

Demonstrate a rational relationship between the grounds of the appeal and the alleged harm suffered

Investigation by Chief Examiner. The Chief Examiner shall investigate the basis of the appeal and shall not unreasonably deny the appeal, but shall grant the appeal and correct the exam defect, if appropriate. The Chief Examiner and/or the test consultant shall submit a written report to the Commission detailing the final decision and the steps taken to correct or cure the exam defect or detailing the reasons for a denial of the appeal.

The Chief Examiner shall deny the appeal if it is found that:

The appeal is untimely.

The subject matter is not appealable under this section.

The appeal does not meet the standards contained in this section, including, but not limited to, the format and contents of the appeal.

The appeal relates solely to an internal right of management, as defined in section 5 of City Council Resolution No. 32,538.

The Chief Examiner shall notify the candidate in writing of the final decision.

Appeal to the Commission. If the candidate is not satisfied with the final decision of the Chief Examiner, he or she may file with the Civil Service Commission an appeal within five City work days of issuance of the final written decision of the Chief Examiner. The candidate shall file such appeal in writing with the Secretary of the Commission (City Clerk of the City of Stockton) in the same format and in accordance with the same standards set forth in subsection (e) of this section. The Secretary shall immediately forward a copy of the appeal to the Chief Examiner and shall place the appeal on the agenda for the next regular meeting of the Commission noticing the filing of the appeal.

The Commission may, upon its own motion, grant an appeal hearing to review or modify any action or decision of the Chief Examiner.