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.
(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)
(Section deleted by Resolution CS05-078, 06/16/05)
(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)
