(a)
Published
Notice. Whenever an examination is to be given for a position in the
competitive service, the Chief Examiner shall cause notice of such
examination to be published at least once in a daily newspaper printed
and published in the City of Stockton. The contents of the published
notice shall specify the title and probable rates of pay for the class,
the method of submitting application, and the final filing dates on
which applications will be accepted. The Chief Examiner shall also
cause said notice to be posted in accordance with rule II, section
4 of these rules.
(b)
Contents
of Job Bulletin. Job Bulletins shall specify the title and probable
rates of pay of the class, the nature of the work to be performed,
the minimum qualifications required for admission to the examination,
the method of submitting application, the final dates on which applications
will be accepted and other pertinent information consistent with the
provision of these rules.
(c)
Posting.
Notice of promotional examinations, which are open to qualified regular
employees, qualified COSIP interns who meet the criteria set forth
in Section 2 (5)(b), and qualified federally funded employees who
have successfully completed six months or more of continuous service,
shall be given by posting a copy of the notice in accordance with
rule II, section 4 of these rules.
(5064, 06/16/77; CS02-045, 05/16/02; CS03-063, 09/04/03; CS07-079, 06/07/07; CS08-047, 03/20/08; amended by Resolutions C.S. 2016-04-21-1101)
(a)
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.
(b)
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(c)
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)
(a)
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:
(1)
Failure
to meet any of the requirements or qualifications established for
the classification;
(2)
False
statement of material fact or actual or attempted deception, fraud
or misconduct in connection with the application or examination;
(3)
Conviction
of an offense (including pleas of guilty or nolo contendere) in accordance
with state and federal laws;
(4)
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;
(5)
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.
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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.
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(b)
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.
(c)
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)
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)
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)
(a)
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.
(b)
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.
(c)
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)
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)
(a)
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.
(b)
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.
(c)
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).
(d)
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.
(e)
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)
(a)
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)
(b)
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.
(c)
Certification
of Eligibility List. The Civil Service Commission shall certify all
merged open/promotional, open, and promotional eligibility lists.
(d)
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:
(1)
Certification
of the top 10 names on the open/promotional merged eligible list;
an additional name shall be certified for each additional vacancy; OR
(2)
Certification
of the top three names on the promotional eligible list; an additional
name shall be certified for each additional vacancy; OR
(3)
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.
(e)
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)
(a)
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.
(b)
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.
(c)
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.
(d)
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)
(a)
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.
(b)
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)
(a)
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.
(b)
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.
(c)
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.
(d)
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:
(1)
That
said eligible person has not passed a satisfactory physical or medical
examination as shown by the report of the examining physician;
(2)
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;
(3)
That
the eligible refused or neglected to respond to any first-class correspondence
within a reasonable time;
(4)
That
the eligible has been appointed to the position for which the list
was established;
(5)
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)
(e)
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:
(Amended by Resolution CS03-063, 09/04/03; amended by Resolution
CS04-088, 08/19/04; amended
by Resolution CS09-057, 11/5/09)
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)
(a)
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.
(b)
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.
(c)
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)
(a)
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.
(b)
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.
(c)
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.
(d)
Non-Appealable
Actions. The Civil Service Commission has determined that the following
subjects are not subject to appeal:
(1)
Weights
of Examination Components.
(2)
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.
(3)
Process
and development of examinations, including, but not limited to, subjects
covered in the examination.
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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.
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(e)
Procedures.
(1)
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.
(2)
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
(3)
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:
a.
The
appeal is untimely.
b.
The
subject matter is not appealable under this section.
c.
The
appeal does not meet the standards contained in this section, including,
but not limited to, the format and contents of the appeal.
d.
The
appeal relates solely to an internal right of management, as defined
in section 5 of City Council Resolution No. 32,538.
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The Chief Examiner shall notify the candidate in writing of
the final decision.
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(4)
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.
(5)
Burden
of Proof. The candidate shall bear the burden of proof in all appeals
of promotional examinations.
(6)
Effect
of Appeal to Commission. The Commission may, in its discretion, certify
the results of the promotional examination; provided, however, that
valid appointments shall not be affected by any subsequent decision
of the Commission; or the Commission may certify the
results of the promotional examination but make no regular appointments
from the eligibility list established thereby; or the
Commission may stop the entire promotional process until such time
as the appeal filed hereunder is adjudicated.
(7)
Request
for Public Hearing. The Commission shall review the written appeal
document and the report of the Chief Examiner to determine if there
is a basis for an appeal. No oral testimony will be allowed at this
point; except that the appellant shall be allowed to
answer any questions or provide any information requested by the Commission.
The Commission shall set the matter for an appeal only if it determines
(1) that the request contains a basis for appeal under subsection
15(c); (2) the matter is not subject to exclusion pursuant to subsection
(d); and (3) the applicant or candidate has complied with the procedural
requirements of subsection 15(e). The appearance, either personally
or through legal counsel or unit representation, of the candidate
making the appeal shall be required at the request for public hearing.
(8)
Public
Hearing and Decision. The Commission shall consider the testimony
and evidence presented at the public hearing and determine whether
the applicant or candidate has established by a preponderance of the
evidence any of the grounds specified in subsection (c), above ("Right
of Appeal"). In the alternative, the Commission, on its own motion
or on motion of a party, may summarily dispose of an appeal on any
of the following grounds:
a.
That
the appeal exceeds the scope of section 15(c) or is excluded by section
15(d) of this rule.
b.
That
the appeal has not been made in the required manner or within the
prescribed period of time.
c.
That
the appeal has become moot.
d.
That
the applicant or candidate or representative has failed to appear
at the time fixed for the hearing.
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The appearance, either personally or through legal counsel or
unit representation, of the candidate making the appeal shall be required
at the public hearing.
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The decision shall be reduced to writing, certified by the Commission,
and served upon the Chief Examiner and the applicant or candidate.
The Commission's decision on appeal shall be final and no reconsideration
shall be allowed. (Section 15 added by Resolution CS07-034, 03/01/07)
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