(Amended by Resolution No. 6217, 12/6/84)
This entire section does not apply to the positions of Chief of Police and Deputy Chief of Police.
No member shall be promoted from one rank to another without first having passed a promotional examination.
All promotions shall be made to the next higher rank in the service and no rank shall be skipped.
All promotions shall be based on merit and standing as determined by competitive examination.
The Police Department of the City of Stockton is hereby divided into the following promotional ranks:
Rank I
Chief of Police* (Appointed by the City Manager)
Rank II
Deputy Chief of Police* (Appointed by the Chief of Police)
Rank III
Police Captain
Rank IV
Police Lieutenant
Rank V
Police Sergeant
Rank VI
Police Officer
* Classifications are excluded from competitive examination per Charter Sections 1702 and 1704; included here for reference only.
Promotions to Ranks III, IV, and V above shall be made through the entry level probationary Police Officer positions in accordance with the following eligibility criteria.
(a) 
Eligibility for Promotion in Stockton Police Department.
(1) 
All members of the Police Department with not less than 18 months service shall be considered eligible for the rank of Police Officer;
(2) 
All members of the Police Department with not less than five years service are eligible for the rank of Police Sergeant;
(3) 
All members of the Police Department who have held the rank of Sergeant for at least two years last past continuously up to the date of the examination are eligible for the rank of Police Lieutenant;
(4) 
All members of the Police Department who hold the regular status rank of Lieutenant are eligible for the rank of Police Captain.
(b) 
Service Credit for Military Service. If any regular member of the Police Department is inducted into the Army, Navy, Marine Corps, Air Force or other branch of the military service of the United States, then the period of military service of such member shall count the same as actual service in the grade of rank he/she occupies in the Police Department, insofar as qualifying the member for eligibility for examination or promotion to the next higher grade or rank.
(c) 
Standing in Lower Rank. An employee who has passed a promotional examination and received his/her promotional appointment shall lose his/her standing in the lower rank except as provided for demotion of promotional appointees on probation, or for voluntary demotion of employees after notice of layoff, found elsewhere in these rules and regulations.
(d) 
Special Assignments.
(1) 
These positions are assignable at the discretion of the Chief of Police.
(2) 
Assignment to and removal from assignment from said position may be based on qualifying departmental tests, length of service and other considerations consistent with the principles of merit and good personnel administration.
(e) 
Holding Rank during Probationary Period. Promotional appointees on probation in the Police Department shall not be deemed to hold the rank to which they have been promoted until after successful completion of the 12-month probationary period; except that, probationary employees promoted to the rank of Deputy Police Chief or Police Chief shall receive credit toward the promotional probationary period for the lower rank while serving in the higher appointive rank.
(f) 
Service Requirement Dates. The service requirement date for eligibility to take a promotional examination shall be the later date of the expiration, exhaustion, or abolishment of the previous list, or the date of the new examination.
(CS04-117; CS04-118, 10/21/04; CS10-021, 08/19/10; CS2016-06-16-1201; amended by Resolutions CS2016-08-18-1201)
This entire section does not apply to the positions of Fire Chief or Deputy Fire Chief.
No member shall be promoted from one rank to another without first having passed a promotional examination.
All promotions shall be made to the next higher rank in the service and no rank shall be skipped.
All promotions shall be based on merit and standing as determined by competitive examination.
The Fire Department of the City of Stockton is hereby divided into the following ranks:
Rank I
Fire Chief* (Appointed by the City Manager)
Rank II
Deputy Fire Chief* (Appointed by the Fire Chief)
Rank III
Assistant Fire Chief
Rank IV
Fire Battalion Chief
Rank V
Fire Captain
Rank VI
Firefighter
* Classifications are excluded from competitive examination per Charter Sections 1602 and 1604; included here for reference only.
(a) 
Eligibility for Promotion in Stockton Fire Department.
(1) 
All members of the Fire Department with not less than five years of service are eligible for promotion to the rank of Fire Captain;
(2) 
All members of the Fire Department who have held the rank of Fire Captain for at least three years continuously prior to the examination filing deadline are eligible for promotion to the rank of Fire Battalion Chief;
(3) 
All members of the Fire Department who have held the rank of Fire Battalion Chief, regardless of time of service in said rank, are eligible for promotion to Assistant Fire Chief.
(b) 
Service Credit for Military Service. Promotions shall be based on ascertained merit and standing upon examination provided that if any regular members of the Fire Department be inducted in the Army, Navy, Marine Corps, Air Force, or any other branch of the military service of the United States, then, the period of military service of such member shall count the same as actual service in the grade or rank he or she occupies in the Fire Department, so far as qualifying the member for eligibility for examination or promotion to the next higher rank.
(c) 
Standing in Lower Rank. An employee who has passed a promotional examination and received his or her promotional appointment shall lose his or her standing in lower rank.
(d) 
Special Assignments.
(e) 
Service Requirement Dates. The service requirement date for eligibility to take a promotional examination shall be the later date of the expiration, exhaustion, or abolishment of the previous list, or the date of the new examination.
(CS04-118, 10/21/04; CS2013-02-21-701; CS2016-06-16-1201; amended by Resolutions CS2016-08-18-1201)
(a) 
Examination Weights. In examining and ranking applicants for a promotional examination in the Fire and Police Departments, to the extent authorized by resolution of the Civil Service Commission, the Chief Examiner may permit an oral examination or the oral portion of an assessment center 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.
(b) 
Fire Department Promotional Examinations. The written portion of promotional examinations for Fire Captain, Battalion Chief, and Assistant Chief, shall be a custom examination unique to the City of Stockton Fire Department. No custom examination shall be given more than once. All questions in such examination shall be generated from resources available within the Stockton Fire Department's library and/or Fire Department's designated resources within the San Joaquin County Central Library at the time the examination is developed.
(c) 
Seniority Points.
(1) 
Discretion of Commission. The Commission shall have discretion to authorize the award of seniority points, in accordance with section 2507(c) of the City Charter. Upon authorization of the Commission, the Chief Examiner shall award eligible candidates seniority points, in accordance with subsection (3), below.
(2) 
Eligibility for Seniority Points. Only those candidates who have received a "passing score" (as defined in subsection (f) of this section) on each individual portion of the promotional examination shall be eligible to receive seniority points.
(3) 
Determination and Calculation of Seniority Points. The number of seniority points that may be awarded shall be based on the applicants' dates of hire into the sworn service of the Police or Fire Department ("time-ingrade") or upon the date of promotion into a higher rank ("time-in-rank"), as set forth in the written policy adopted by the Commission. In computing the number of points to be added, the applicants' total years of sworn service and any fractions thereof, up to a maximum of 20 years, shall be multiplied by 0.25, resulting in an award that shall not, under any circumstances, exceed a maximum of five seniority points. Said points shall be added to eligible applicants' final scores after the applicants' scores on each portion of the examination have been weighed and average overall scores have been computed.
(d) 
Duration of Weights and Seniority Points. The weights established by subsection (a) and the seniority points established by subsection (c) of this section shall apply to all examinations given for that rank in the affected department for at least one year after adoption by the Commission.
(e) 
Notice of Promotional Examinations. Satisfactory notice of promotional examinations, open only to City employees, is evident when a copy of the notice is posted in accordance with rule II, section 5 of these rules.
(f) 
Scoring Method. Unless the Chief Examiner specifies otherwise in the examination announcement, an applicant for a promotional examination shall be required to attain a minimum score of not less than 70% on each portion of the examination in order for his or her score on that portion to be considered "passing." In written tests, the percentage used to represent the minimum passing score may be other than the arithmetic percentage of the total possible score. Such score may be an adjusted score based on a consideration of the difficulty of the test and other merit factors deemed pertinent by the Chief Examiner, provided that such adjusted score shall be established by the chief examiner before the identification of applicants' test papers.
(g) 
Exception to Scoring Method. Where the examination announcement specifies a scoring method other than that described in this section, the scoring procedure specified in the examination announcement shall be utilized to determine the minimum passing score.
(h) 
Average Score. Only those applicants who obtain a passing score on all portions of the examinations shall qualify to have an average score calculated for the purpose of determining their rank on the eligibility list. In arriving at the average score, the Chief Examiner shall take into account the weight assigned to each portion of the examination as approved by the Commission and specified in the examination announcement. A candidate who fails to obtain a passing score on any portion of the examination shall be considered ineligible for the promotional position.
(Paragraph 3(a) amended by Resolutions 6255, 3/7/85; paragraph 3(d) amended by Resolution 6310, 8/15/85; CS90-081, 9/6/90; CS90-101, 11/1/90; CS93 032, 5/6/93 ; CS93-033, 5/6/93; CS07-079, 06/07/07; CS07-131, 10/04/07; amended by Resolutions CS2016-06-16-1201)
(a) 
Chief Examiner. The Commission may designates the Director of Human Resources or his or her designee, to act as Chief Examiner and to develop and conduct all examinations in the Classified Service.
(b) 
Content of Job Announcement. The scope and content of the examination requirements, the weight of each portion of the examination, and whether seniority points will be allowed for the examination will be announced in the job announcement as authorized by resolution of the Civil Service Commission. The date fixed for an examination may also be stated on the job announcement, or candidates shall be given notice as provided in rule II, section 5 of these rules.
(c) 
Filing of Applications. Applicants must file applications in the Human Resources Department no later than the final filing date prescribed in the examination announcement. The applicant shall certify as to the correctness of all statements made in the application by signature.
(CS07-079, 06/07/07; CS07-131, 10/04/07; amended by Resolutions CS2016-06-16-1201)
(a) 
Rights of Inspection. With the approval of the Civil Service Commission, and during the inspection period, 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, or to those examinations obtained through a testing agency where contractual provisions prohibit the exposure of content or when in the judgment of the Commission, this exposure would damage the examination's reliability or validity.
(b) 
Inspection Period. The inspection period is that period beginning the first working day immediately following the administration of the written examination and ending five working 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) 
Posting of Written Test Results. The results of the written examination with the percentage applicable for those persons successfully passing the written examination shall be posted with the opportunity of the applicant to review the written score prior to the interview or assessment center. This will give an opportunity for reviewing the written test and the handling of protested scoring. Those failing to pass the written examination shall be permitted to review their papers in the usual manner but posting of their scores is not required.
(d) 
Protest Period. The protest period is that period beginning the first working 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 a written protest, on the form prescribed, setting forth the question number and reason and/or authority in support of the protest. Such protest shall be deemed the only proper and legal reference to specific test items and their general content, and such, shall not be a violation of any part of these rules.
(e) 
Submission of Protests. The Director of Human Resources shall submit such protests to the agency that developed the examination for prompt evaluation and recommendation. The recommendations shall be submitted to the Commission at the public hearing for protests.
(f) 
Resolution of Protests. The Commission shall schedule a public hearing to hear and vote upon the protests. The examination will then be scored under a method determined by the Commission.
(CS2013-03-21-701; amended by Resolutions CS2016-06-16-1201)
(a) 
Notice of Standing on Eligible List. Each candidate shall be given notice of relative standing on the eligible list by mail or by posting in accordance with rule II, section 5 of these rules. Each candidate who fails to obtain a place on the eligibility list shall be given notice in accordance with rule II, section 5 of these rules.
(b) 
Inspection of Written Test Papers.
(1) 
During the five working days immediately following the date of notice or posting of relative standing, any participant shall be entitled to inspect his or her written test papers in the Personnel Department during regular office hours and in the presence of the Director's designee.
(2) 
The inspection of a test paper shall include only the candidate's own answer sheet, scoring answer sheet and the candidate's written assessment work products. The duration of this inspection shall not exceed 15 minutes per candidate. This time period maybe extended for inspection of assessment written exercises.
(c) 
Errors in Computation of Scores. Upon the request of a candidate, the candidate shall be granted a consultation with the Director and/or his or her designee 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.
(d) 
Errors in Marking or Grading. 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 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.
(e) 
Inspection of Papers by Chiefs of the Department. Every participant's markings, and answer sheets and scores, shall be subject to inspection by the Chief of the Police Department or Chief of the Fire Department and the appointive officer of the City and shall also be open to public inspection at the discretion of the Civil Service Commission.
(CS07-079, 06/07/07; amended by Resolutions CS2016-06-16-1201)
(a) 
Confidentiality of Examination Materials. 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 of structure of said examination(s), except as expressly provided for in the protest section of these rules, shall be cause for civil action on the part of the City and/or disciplinary action, including dismissal.
(b) 
Conduct of Promotional Candidates. Police and fire promotional candidates are expected to conduct themselves during their preparation for and participation in the examination process so as to maintain the strictest level of confidentiality and the highest level of professional integrity and test security as warranted by the positions they hold and aspire to. The Commission shall establish positive guidelines to ensure that employees have standards of ethical conduct for promotional examinations, which, when implemented by management, will ensure the accomplishment of these objectives. Such guidelines shall be updated as warranted.
(Amended by Resolution CS2016-06-16-1201)
In selecting an oral board or assessment center panel for promotional examinations in the Police and Fire Departments, upon approval of the Commission, the Chief Examiner shall retain an outside consulting agency to select the members of the oral board or assessment center panel.
(a) 
Restrictions on Rater Choices. The outside consulting agency shall select as a member of the interview or assessment center board only:
(1) 
Sworn individuals of equivalent or higher rank than the position being examined for;
(2) 
Persons who are or have been, at any previous time, an appointed or elected peace officer who does or did hold civil service status in his or her existing or former rank;
(3) 
Individual raters who reside and work outside of San Joaquin County; and are from metropolitan agencies comparable in population, level of service, and/or departmental organization;
(4) 
Persons who are not a member of the judiciary;
(b) 
Structured Oral/Assessment. The oral examination and assessment center shall be structured based on a thorough job analysis; that is, a qualitative analysis of the traits, skills and behaviors will form the basis for a series of standardized interview questions and exercises to be presented to each candidate.
(c) 
Rating/Assessment Forms/Assessment Rating Sheets. During the rating of the applicants, pencil can be used on the rating sheet to facilitate changes; but upon completion of all the interviews, the interviewers must turn in rating sheets with all score marks and ratings in ink. In case of changes of ink ratings by the interview board, the changes shall be initialed in ink by the interviewer.
(d) 
Rater Comments. Each oral board/ assessment rater shall be required to explain his/her evaluation on the rating sheet using statements related to the characteristics and behaviors necessary to successfully perform the job.
(e) 
Rater Identification. Names and ranks of individual raters shall be posted at the location of the oral or assessment examination on the date of its administration.
(f) 
Order of Interview/Assessment. Order of interview will be by lottery of all candidates.
(g) 
Written examination scores of the applicant shall not be given or disclosed to the interview board.
(h) 
The results of the written examination with the percentage applicable for those persons successfully passing the written examination shall be posted with the opportunity of the applicant to review the written score prior to the interview or assessment center. This will give an opportunity for reviewing the written test and the handling of protested scoring. Those failing to pass the written examination shall be permitted to review their papers in the usual manner but posting of their scores is not required.
(i) 
It shall be the policy of the Commission that individual employees, the I.A.F.F., or department management may request Commission exclusion of any specific city, county, district, or individual and such requests for exclusion shall be submitted, in writing, to the Commission prior to approval of the conduct of such examinations and shall include reasons therefor. The Commission shall consider such requests at a regular public meeting.
(CS05-078, 06/16/05; amended by Resolutions CS2016-06-16-1201)
(a) 
The period of eligibility for appointment from eligible lists established by promotional examinations in the Fire Department or Police Department shall be at the discretion of the Commission but will in no case exceed three years from the date entering the names of successful candidates on said list. Upon the recommendation of the appointing authority 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.
(b) 
Military Service Eligibility. Each City employee who takes or has taken a leave of absence to go into the armed forces shall have the right upon his or her return to take a promotional examination to get upon an eligibility list for which he or she would have been eligible had he or she not entered the armed forces. Upon the return to active duty of this employee, no permanent appointment can be made from said eligible list until said employee has been given the opportunity to exercise this right. If desired by this employee, a waiting period of not less than 60 days nor more than 90 days shall be granted by the Commission after return to active duty for the purpose of review and preparation for the examination. However, a refusal by said employee to exercise this right at the time offered him or her by the Commission shall be considered a rejection of said right. A promotional examination given under these circumstances shall be open only to those employees returned from military leave and not having previously rejected said right. Such persons shall take rank upon the list in the order of their relative excellence as determined by the tests and other factors named elsewhere in these rules, without reference to priority of time of tests.
(c) 
Identical Scores, Tie Breaking. In the event of identical ratings, names shall be arranged in order of seniority in the department and if the seniority is the same, then arranged in the order appearing on the original entrance eligible list. This procedure applies only in promotional examinations.
(Amended by Resolution CS2016-06-16-1201)
(a) 
Time of New Examination. In all cases where no reemployment list exists, and a police or fire promotional eligible list containing eligibles is due to expire, or the eligible list has been exhausted, or the Commission desires to abolish the eligible list, the timing of the new examination shall be determined by resolution of the Civil Service Commission upon request of the Personnel Officer.
(b) 
Service Requirement Dates. The service requirement date for eligibility to take a promotional examination shall be as set forth in sections 1 and 2 of this rule.
(CS04-118, 10/21/04; CS10-021, 08/19/10; amended by Resolutions CS2016-06-16-1201)
(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.
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.
(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.
The Chief Examiner shall notify the candidate in writing of the final decision.
(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 12(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 12(e). The appearance, either personally or through legal counsel or unit representation, of the candidate Section VI, 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 12(c) or is excluded by section 12(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.
The appearance, either personally or through legal counsel or unit representation, of the candidate making the appeal shall be required at the public hearing.
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.
(Added by Resolution CS07-033, 03/01/07; amended by Resolution CS2016-06-16-1201)