The purpose of this chapter is to implement the Civil Service
System established by Article X of the City Charter.
(Ord. 3267 §1, 1968)
The following words and phrases shall have the meaning indicated,
unless the context or usage clearly requires a different meaning:
A salary increase within the limits of pay range established
for a class.
The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
The officer appointed by the City Council, the City Administrator
or the person authorized by the City Administrator or the City Council,
in accordance with the provisions of the City Charter, as the case
may be, who has the authority to make the appointment to the position
involved in the particular instance.
The Board of Civil Service Commissioners.
The 1967 Charter of the City.
All positions sufficiently similar in duties, authority,
and responsibility, to permit grouping under a common title and the
application with equity of common standards of selection, transfer,
promotion and salary.
The classified service as defined in Section 1001 of the
Charter.
The movement of an employee from one class to another class
having a lower salary range.
A person whose name is on an employment list.
A written determination by the appointing power to certify
for employment, employ, promote, advance, assign or transfer an individual
who has applied for employment or affecting an existing City employee.
Open Employment List.
A list of names of persons who have taken an open competitive
examination for a class in the classified service and have qualified.
Promotional Employment List.
A list of names of persons who have taken a promotional examination
for a class in the classified service and have qualified.
Open Competitive Examination.
An examination for a particular class which is open to all
persons meeting the qualifications for the class.
Promotional Examination.
An examination for a particular class, admission to the examination
being limited to City employees who meet the qualifications for the
class.
Continuous Examination.
An open competitive examination which is administered periodically
and as a result of which names are placed on an employment list, in
order of final scores, for a period of not more than one year.
An individual's state of marriage, non-marriage, divorce
or dissolution, separation, widowhood, annulment, or other marital
state.
An employee who has successfully completed his or her probationary
period and has been retained as provided in this chapter.
A working test period of one year during which an employee
is required to demonstrate his or her fitness for the duties to which
he or she is appointed by actual performance of the duties of the
position.
The movement of an employee from one class to another class
having a higher salary range.
An appointment of a person who possesses the minimum qualifications
established for a particular class and who has been appointed to a
position in that class in the absence of available eligibles.
Persons who are related to each other within the third degree
of consanguinity.
A partner in marriage as defined in California Civil Code
Section 4100.
(Ord. 3267 §1, 1968; Ord. 3425 §§1, 2, 1970; Ord. 3836, 1976; Ord. 4564, 1989)
Violations of the provisions of this chapter shall be grounds
for rejections, suspensions, demotions, or dismissal.
(Ord. 3267 §1, 1968)
All examinations for classes in the classified service shall
be publicized by posting announcements in the City Hall, on official
bulletin boards, and by such other methods as the Personnel Director
deems advisable. The announcement shall specify the title and pay
of the class for which the examination is announced; the nature of
the work to be performed; preparation desirable for the performance
of the work of the class; the manner of making applications; and other
pertinent information.
(Ord. 3267 §1, 1968)
Applications shall be made as prescribed on the examination
announcements. Application forms shall require information covering
training, experience, and other pertinent information, and may include
certificates of one or more examining physicians, references and fingerprinting.
All applications must be signed by the person applying.
(Ord. 3267 §1, 1968)
A.
Any
person who is a veteran as defined in Section 18973 of the Government
Code of the State of California and who shall have been other than
dishonorably discharged, released from a veteran's hospital, or completed
veteran's paid schooling in the five years immediately preceding the
date an open competitive examination for a class or position not designated
as management is announced shall be eligible to receive a preferential
credit of five points added to the total score earned in the examination;
provided, however, that the veteran must meet the minimum qualifications
set for entrance in the examination and must first attain a passing
score in each phase of the examination.
B.
Disabled
veterans and widows of veterans shall also be eligible under the same
conditions as outlined above to receive preferential credit of 10
points and five points, respectively. However, there shall be no five
year statute of limitation applied to such persons.
C.
Preference
shall not apply to promotional examinations, nor shall it apply to
any personnel transaction such as dismissal, demotion, suspension,
transfer, or lay-off.
D.
To claim
veteran's preference credit an applicant must apply for such credit
in the space provided on the application form and must submit evidence
as the Personnel Department may require at time of filing application.
(Ord. 3525, 1972; Ord. 3925 §3, 1977)
A.
The
Personnel Director shall reject any application which indicates on
its face that the applicant does not possess the minimum qualifications
required for the position. Applications shall be rejected if the applicant
is physically unfit for the performance of duties of the position
to which he or she seeks appointment; is addicted to the use of narcotics
or drugs; habitually uses intoxicating liquor in excess; has been
dismissed or has resigned in order to avoid dismissal, for good cause
from any public or private service; or has made any false statement
of any material fact, or practiced any deception or fraud in his or
her application or in the examination process. Defective applications
may be returned to the applicant with notice to amend the same providing
the time limit for receiving applications has not expired. Cause for
rejection of an application as provided in this section shall also
be cause for refusal to examine, for refusal to certify as an eligible
and for removal from an employment list.
B.
Except
as otherwise provided herein, conviction (including pleas of guilty
and nolo contendere) of a felony or a misdemeanor shall be prima facie
disqualification of an applicant for employment by the City of Santa
Barbara; provided, however, that the Personnel Director may disregard
such conviction if it is found and determined by the Personnel Director
that mitigating circumstances exist. In making such determination,
the Personnel Director shall consider the following factors:
1.
The
classification, including its sensitivity, to which the person is
applying or being certified and whether the classification is unrelated
to the conviction;
2.
The
nature and seriousness of the offense;
3.
The
circumstances surrounding the conviction;
4.
The
length of time elapsed since the conviction;
5.
The
age of the person at the time of the conviction;
6.
The
presence or absence of rehabilitation or efforts at rehabilitation.
C.
The
Personnel Director shall give notice of disqualification to an applicant
disqualified under this provision. Such notice shall be in writing
and delivered personally or mailed to the applicant at the address
shown on the application for employment.
(Ord. 3267 §1, 1968; Ord. 3376 §1, 1969; Ord. 3910, 1977)
Pursuant to Section 11105 of the Penal Code of the State of
California, the following officers of the City of Santa Barbara are
hereby authorized to have access to and to utilize State summary criminal
history information when it is needed to assist them in fulfilling
employment duties set forth in this chapter: City Administrator, Director
of Personnel and Risk Management, and his or her deputies, and legal
counsel.
(Ord. 3267, 1968; Ord. 3376, 1969; Ord. 3910, 1977)
A.
Impermissible
inquiries. It is unlawful to ask an applicant for City employment
to disclose his or her marital status as part of a pre-employment
inquiry unless pursuant to a legally permissible inquiry.
B.
Permissible inquiries. It is lawful to ask an applicant to state whether he or she has a spouse or relative who is presently employed by the City or whether he or she has ever used another name, but such information may not be used as a basis for an employment decision except as stated in City Charter Section 710 or Section 3.16.073 of this code.
(Ord. 4564, 1989)
A.
Employment
of spouse, registered domestic partner, and relatives. An employment
decision shall not be based on whether an individual has a spouse,
registered domestic partner, or relative presently employed by the
City except in accordance with City Charter Section 710 and the following
criteria:
1.
For
business reasons of supervision, safety, security or morale, the City
Administrator, after consulting with the Personnel Officer and the
department head, may refuse to place a spouse, registered domestic
partner, or relative under the direct supervision of the other spouse,
registered domestic partner, or a relative.
2.
For
business reasons of supervision, safety, security or morale, the City
Administrator, after consulting with the Personnel Officer and the
department head, may refuse to place both spouses, both registered
domestic partners, or the two relatives in the same department, division
or facility if the work involves potential conflicts of interest or
other hazards greater for married couples, registered domestic partners,
or relatives than for other persons.
B.
Accommodations
for city employees who marry or who register as domestic partners.
If two City employees marry or register as domestic partners, the
City Administrator shall make reasonable efforts to assign job duties
so as to minimize problems of supervision, safety, security, or morale.
If the City Administrator is unable to make an acceptable accommodation
which sufficiently minimizes the problems of supervision, safety,
security or morale, it may require the two City employees who have
married or who have registered as domestic partners to decide which
one of them will resign from City employment within 60 days of being
notified of the City Administrator's inability to make a reasonable
accommodation.
C.
Registered
domestic partners - defined. For the purposes of this section, a "registered
domestic partner" shall refer to domestic partners who have registered
in any of the following ways:
1.
With the Santa Barbara City Clerk's Office pursuant to Chapter 9.135 of the Santa Barbara Municipal Code;
2.
With
the State of California Secretary of State's Office as the term is
defined in State Family Code Section 297; or
3.
With
another municipal, county, or state domestic partner registry authorized
and maintained by a governmental entity within the United States.
D.
Charter
section 710 and nepotism. For the purposes of City Charter Section
710, use of the term "marriage" shall include those persons who are
registered domestic partners as defined and used in this section.
(Ord. 4564, 1989; Ord. 5520, 2010)
A.
The
Board, with the recommendation of the Personnel Director, shall establish
medical and physical standards for the various classes of positions
in the classified service. Each person receiving an original appointment
to a permanent position in the classified service shall be required
to meet the medical and physical standards prescribed by the Board
and shall be required to take a medical and physical examination,
at no expense to the person, to determine whether or not he or she
meets such standards; provided, however, that the Board may waive
the requirement for such examination in the case of temporary employment.
The Personnel Director shall designate the physician to make an examination.
If the person is found by a designated physician not to meet the prescribed
standards, his or her name shall be:
1.
Withheld
from placement on the employment list by the Personnel Director; or
2.
Removed
from the employment list by the Personnel Director; or
3.
Withheld
from certification by the Personnel Director.
|
In the event of employment in advance of medical and physical
examination, a person found by a designated physician not to meet
the prescribed standards shall be separated unless granted an adequate
waiver.
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B.
The
board may in the exercise of its discretion grant a waiver of medical
and physical standards. Such waiver may be:
1.
Permanent
in nature in cases where a waiver of minor physical defects will clearly
serve the interests of the City and such waiver is recommended by
the examining physician and the Personnel Director, or
2.
Temporary
in nature, subject to the attainment of the required standards within
such period of time and upon such conditions as may be prescribed
by the Board. A person failing to comply with the terms of such temporary
waiver shall be separated on order of the Personnel Director.
(Ord. 3267 §1, 1968)
The selection techniques used in the examination process shall
be impartial, of a practical nature and shall relate to those subjects
which, in the opinion of the Personnel Director and the department
head, fairly measure the relative capacities of the class to which
they seek to be appointed. Examination shall consist of selection
techniques which will test fairly the qualifications of candidates
such as, but not necessarily limited to achievement and aptitude tests,
other written tests, personal interviews, performance tests, physical
agility tests, evaluation of daily work performance, work samples,
medical tests, or any combination of these or other tests.
(Ord. 3267 §1, 1968)
In an examination for employment, the Personnel Director shall
require as a prerequisite to such employment the taking of fingerprints
of all applicants achieving a position on the employment list. The
Personnel Director may make special inquiry into past records of all
applicants and any other investigation deemed necessary.
(Ord. 3267 §1, 1968)
Promotional examinations shall be conducted whenever the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 3.16.080 of this chapter, or any combination of them. Only City employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.
(Ord. 3267 §1, 1968; Ord. 3704 §1, 1974)
Open competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Sections 3.16.140 to 3.16.170, inclusive.
(Ord. 3267 §1, 1968)
The City Council may contract with any competent agency or individual
for the preparing and/or administering of examinations. In the absence
of such a contract, the Personnel Director shall insure that such
duties are performed. The Personnel Director shall arrange for the
use of public buildings and equipment for the conduct of examinations.
(Ord. 3267 §1, 1968)
A candidate's score in a given examination shall be the average
of his or her scores on each competitive part of the examination,
weighed as shown in the examination announcement. Failure in one part
of the examination may be grounds for declaring such applicants as
failing in the entire examination or as disqualified for subsequent
parts of an examination. The Personnel Director may, at his or her
discretion, include as a part of the examination, tests which are
qualifying only.
(Ord. 3267 §1, 1968)
Each candidate in an examination shall be given written notice
of the results thereof, and if successful, of his or her final earned
score and/or rank on the employment list.
(Ord. 3267 §1, 1968)
As soon as possible after the completion of an examination,
the Personnel Director shall prepare and keep available an employment
list consisting of the names of candidates who qualified in the examination,
arranged in order of final scores, from the highest to the lowest
qualifying score.
(Ord. 3267 §1, 1968)
A.
The
Personnel Director may extend an employment list for additional periods,
but in no event shall an employment list remain in effect for more
than two years.
B.
Promotional lists shall remain in effect for one year unless sooner exhausted, open competitive lists shall remain in effect six months unless sooner exhausted or extended, but in no event shall an employee list (open or promotional) remain in effect for more than two years except that eligibles selected for acting positions from a specific eligibility list pursuant to Section 3.04.130, who have held that position for a period of not less than 12 months, shall retain the same relative ranking on said list or any new list replacing said list.
C.
Names
placed on continuous lists shall be merged with any others already
on the list in order of final scores and shall remain on the list
for six months if the eligible is not an employee, and shall remain
on the list for one year if the eligible is an employee.
(Ord. 3838, 1976)
A.
All
candidates who take a written test (other than a form or standardized
test) will be allowed to look at the key copy of the test for five
City Hall working days immediately following the date the written
test was proctored.
B.
A second
review period will occur after candidates are notified of the results
of the examination. After candidates receive notice that they did
not qualify on a written test, they will have five City Hall working
days after receiving such notice to review the key copy and their
own test paper. For purposes of this second review period, those who
passed the written test will not be allowed to review the test nor
to see their test paper until they have been notified of the final
result of the entire examination.
C.
Candidates
may spend no more time reviewing the key copy and their test papers
than half of the time that was allowed for the written test.
(Ord. 3525 §3, 1972)
The names of probationary and permanent employees who have been
laid off shall be placed on appropriate reinstatement lists, as provided
in Section 1008 of the Charter.
(Ord. 3267 §1, 1968; Ord. 3925 §3, 1977)
The name of any person appearing on an employment, reinstatement, or promotional list shall be removed by the Personnel Director, if the eligible person requests that his or her name be removed and the request is confirmed in writing by the eligible person or the Personnel Department, or if he or she fails to respond to a notice of certification mailed to his or her last known address, or for any of the reasons specified in Section 3.16.070 of this chapter. The person affected shall be notified of the removal of his or her name by a notice mailed to his or her last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists.
(Ord. 3838, 1976; Ord. 3956 §1, 1978)
Notwithstanding the provisions of Section 3.16.170 of this chapter the name of an eligible who is not available for immediate certification may, upon request in writing to the Personnel Director, be placed on an inactive list, and may be restored to the active list from which it was removed upon request of the eligible provided the list is still in existence.
(Ord. 3267 §1, 1968)
All vacancies in the classified service shall be filled by transfer,
demotion, re-employment, reinstatement, or from eligibles certified
by the Personnel Director from an appropriate employment list, if
available. In the absence of persons eligible for appointment in these
ways, provisional appointments may be made in accordance with this
chapter.
(Ord. 3267 §1, 1968)
Whenever a vacancy in the classified service is to be filled,
the appointing power shall notify the Personnel Director in the manner
prescribed. If there is no reinstatement list available for the class,
the appointing power shall have the right to decide whether to fill
the vacancy by re-employment, transfer, demotion, appointment from
a promotional employment list, or appointment from an open employment
list.
(Ord. 3267 §1, 1968; Ord. 3956 §2, 1978)
A.
If it
is not possible to fill a vacancy by reinstatement, the appointing
power may fill such vacancy by reemployment, transfer, or demotion,
or by certification from an appropriate employment list, provided
that eligibles are available.
B.
When
the appointing power requests a vacancy be filled by appointment from
a promotional employment list or from an open employment list, the
Human Resources Manager shall certify to the appointing authority,
in alphabetical order, the names (according to final score) of nine
more eligibles (including tie scores) than the number of vacancies.
C.
In the
case of Fire Inspector I, the Human Resources Manager shall certify
from either a promotional employment list or from an open employment
list, in alphabetical order, the names (according to final score)
of 19 more eligibles (including tie scores) than the number of vacancies.
D.
In the
case of Firefighter, Police Officer, Public Safety Dispatcher I, Public
Safety Dispatcher II, and Parking Enforcement Officer, the Human Resources
Manager shall certify from either a promotional employment list or
from an open employment list, the names of all eligibles in final
score order.
E.
For
the positions of Fire Engineer, Fire Captain, Fire Inspector II and
Fire Inspector III, the Human Resources Manager shall certify to the
appointing authority, in alphabetical order, the names of four more
eligibles (including tie scores) than the number of vacancies.
F.
Any
eligible whose name is certified three times to an appointing power,
and has not been appointed, may be removed from the eligible list
at the discretion of the Human Resources Manager. Whenever there are
fewer than three names of individuals willing to accept appointment
on a promotion employment list or on an open employment list, the
appointing power may make an appointment from among such eligibles
or may request the Human Resources Manager to establish a new list.
When so requested the Human Resources Manager shall hold a new examination
and establish a new employment list.
G.
Those
persons whose names are placed on an eligible list by reasons of transfer,
reinstatement, or by virtue of being on another eligible list which
is at a higher salary range and for which the qualifications are substantially
similar, shall be certified at the request of the appointing authority
in addition to the names certified from the appropriate employment
list, except vacancies in the Treatment and Patrol bargaining unit
shall not be filled from eligibles placed on the certification list
by virtue of being on another eligible list which is at a higher salary
range and for which the qualifications are substantially similar.
Such additional names shall have no rank or standing on the eligible
list.
(Ord. 3525 §4, 1972; Ord. 3956 §3, 1978; Ord. 4462, 1987; Ord. 4578, 1989; Ord. 5066, 1998; Ord. 5174, 2001; Ord. 5176, 2001; Ord. 5346, 2005; Ord. 5553, 2011)
After interview and investigation, the appointing power shall
make appointments from among those certified, and shall immediately
notify the Personnel Director of the persons appointed. The person
accepting appointment shall present him or herself to the Personnel
Director, or his or her designated representative, for processing
on or before the date of appointment. If the applicant accepts the
appointment and presents him or herself for duty within such period
of time as the appointing power shall prescribe he or she shall be
deemed to be appointed, otherwise, he or she shall be deemed to have
declined the appointment.
(Ord. 3267 §1, 1968)
A.
When
there are less than three individuals willing to accept appointment
on appropriate employment lists, a provisional appointment may be
made by the appointing power of a person meeting the minimum training
and experience qualifications for the position. An employment list
shall be established within six months for any permanent position
filled by provisional appointment. The City Administrator, with the
approval of the City Council, may extend the period for any provisional
appointment for not more than 30 days by any one action. When a provisional
appointment is to be extended the City Council shall direct the City
Clerk to record such action in the minutes of the meeting of the Council.
B.
No special
credit shall be allowed in meeting any qualification or in the giving
of any test or the establishment of any open competitive promotional
lists, for service rendered under a provisional appointment.
C.
A provisional
employee may be removed at any time without the right of appeal or
hearing.
(Ord. 3267 §1, 1968)
During the period of suspension of an employee or pending final
action or proceedings to review suspension, demotion or discharge
of an employee, such vacancy may be filled by the appointing power
subject to the provisions of this chapter and the Charter.
(Ord. 3267 §1, 1968)
All original and promotional appointments shall be tentative
and subject to a probationary period of one year of actual service.
If the service of the probationary employee has been satisfactory
to the appointing power, then the appointing power shall file with
the Personnel Director a statement in writing to such effect and stating
that the retention of such employee in the service is desired. If
such a statement is not filed (Prior to the expiration of the probationary
period) the employee will be deemed to be unsatisfactory and his or
her employment terminated at the expiration of the probationary period.
(Ord. 3267 §1, 1968)
The probationary period shall be regarded as a part of the testing
process and shall be utilized for closely observing the employee's
work and for securing the most effective adjustment of a new employee
to this position.
(Ord. 3267 §1, 1968)
During the probationary period, an employee may be rejected
at any time by the appointing power without cause and without the
right of appeal. Notification of rejection in writing shall be served
on the probationer and a copy filed with the Personnel Director. A
rejected probationer must make a request in writing to the Personnel
Director within 15 days to be returned to the eligible list, as provided
in Section 1004 of the Charter.
(Ord. 3267 §1, 1968)
Any employee rejected during the probationary period following
a promotional appointment, or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement
that his or her services have been satisfactory, shall be reinstated
to the position from which he or she was promoted unless charges are
filed and he or she is discharged in the manner provided in this chapter
and in the Charter.
(Ord. 3267 §1, 1968)
A.
No person
shall be transferred to a position for which he or she does not possess
the minimum qualifications. Upon notice to the Personnel Director,
an employee may be transferred by the appointing power at any time
from one position to another position in a comparable class. For transfer
purposes, a comparable class is one with the same maximum salary,
involves the performance of similar duties and requires substantially
the same basic qualifications.
B.
If the
transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrator orders the
transfer for purposes of economy or efficiency. Transfer shall not
be used to effectuate a promotion, demotion, advancement or reduction,
each of which may be accomplished only as provided in this chapter
and the Charter.
(Ord. 3267 §1, 1968)
Insofar as consistent with the best interests of the service,
all vacancies in the classified service shall be filled by promotion
from within the classified service, after a promotional or open competitive
examination has been given and an employment list established.
(Ord. 3267 §1, 1968; Ord. 3425 §4, 1970)
The appointing power may demote a permanent employee for any
ground authorized by Section 1007 of the Charter. Upon request of
the employee, and with the consent of the appointing power, demotion
may be made to a vacant position. No employee shall be demoted to
a position for which he or she does not possess the minimum qualifications.
Written notice of the demotion shall be given the employee before
or within three days after the effective date of the demotion, and
a copy filed with the Personnel Director.
(Ord. 3267 §1, 1968)
The appointing power may suspend a permanent employee from his
or her position at any time for grounds specified in Section 1007
of the Charter. Written notice of the suspension shall be given the
employee before or within three days after the effective date of the
suspension, and a copy filed with the Personnel Director. Suspension
without pay shall not exceed 60 calendar days, during any continuous
12 month period; provided, however, that an employee may be suspended
for a period of time in excess of 60 days pending a court determination
of criminal charges brought against such employee.
(Ord. 3267 §1, 1968)
With the approval of the appointing power and the Personnel
Director, a permanent or probationary employee who has resigned with
a good record may be re-employed within one year of the effective
date of resignation, to a vacant position in the same, comparable,
or lower related class for which the qualifications are substantially
similar or less than those qualifications for the position from which
the employee resigned. The Personnel Director shall determine whether
or not the employee meets the qualifications for a comparable or lower
related class as set forth on the appropriate job description.
(Ord. 3267 §1, 1968; Ord. 3925 §3, 1977)
The appointing power may require an employee or a prospective
employee to submit to medical, physical, or psychiatric examination(s),
to be paid for by the City, to evaluate the capacity of the employee
to perform the work of his or her position. The employee may submit
medical or other evidence to the examining physician or to the appointing
power. When the appointing power, after considering the conclusions
of the medical, physical and psychiatric examination(s) and other
pertinent information, concludes that the employee is unable to perform
the work of his or her present position, the appointing power may
demote or transfer the employee to another position or may terminate
the employment of the employee. The employee may appeal an action
of demotion, transfer or dismissal taken under this section, to the
Board of Civil Service Commissioners. The proceedings specified in
Section 1007 of the Charter shall govern any such appeal.
(Ord. 3267 §1, 1968; Ord. 3525 §5, 1972)
A permanent employee in the classified service may be discharged
at any time by the appointing power for grounds specified in Section
1007 of the Charter. Whenever it is the intention of the appointing
power to discharge an employee in the classified service, the Personnel
Director shall be notified. Any employee who has been discharged shall
be entitled to receive a written statement of the reasons for such
action and to a hearing if he or she so requests, as provided in this
chapter and the Charter.
(Ord. 3267 §1, 1968)
A.
An employee
may be laid off in accordance with provisions of Section 1008 of the
Charter. In reducing personnel and laying off any employee in the
classified service through the abolition of his or her position, the
City Council shall observe the seniority rule by department, by classification
and by total time with the City.
B.
In the
case of the larger departments of Community Development and Public
Works the seniority rule by division, by classification and by total
time with the City shall be observed.
C.
Any
employee laid off will not necessarily move to a lower related classification
unless there is a vacancy. Every effort will be made to place employees
affected in other City positions, and inter—departmental transfers
will take place whenever possible. An appointing authority, however,
will retain the right not to appoint an employee laid off from another
department than his or her own.
D.
In accordance
with the provisions of the City Charter, any employee laid off shall
have return rights to the position from which he or she was laid off
for a period of two years, if such position is reinstated in the classified
service. The Personnel Department shall retain the names of those
employees laid off, and shall notify such employees by registered
mail if the position is reinstated within the two year period. Upon
receipt of the notice by registered mail the employee shall have 90
days within which he or she may accept or reject the offer of reinstatement.
If the offer of reinstatement is accepted, such employee shall be
rehired at the same salary step he or she was in at the time of being
laid off. If the offer of reinstatement is rejected, the employee
shall be considered to have waived his or her rights to reinstatement,
and his or her name shall be removed from the reinstatement list.
(Ord. 3525, 1972; Ord. 3820, 1976; Ord. 3925 §3, 1977)
In accordance with the provisions of Section 3.16.370 of this chapter, any employee in the classified service shall have the right of appeal on any decision which affects the employment of the individual employee. This right of appeal shall not apply to matters which affect all employees equally, in part or whole, or those matters necessary for the operation of the department nor those for which appeal is provided by Sections 3.16.300 through 3.16.350 inclusive, and Section 1007 of the Charter.
(Ord. 3267 §1, 1968)
A.
Prior
to the discharge, demotion, or suspension of any permanent employee
in the classified service pursuant to provisions of the City Charter
and this code, the following procedures shall be complied with:
1.
Written
notice of the proposed disciplinary action shall be given to the employee.
Such notice shall include a statement of the reason(s) for the proposed
action and the charge(s) being considered.
2.
The
employee shall be given an opportunity to review the documents or
materials upon which the proposed disciplinary action is based, and,
if practicable, he or she shall be supplied with a copy of the documents.
3.
Within
five working days after the employee has had the review opportunity
provided above, he or she shall have the right to respond, orally
or in writing, or both, at his or her option, to the appointing authority
concerning the proposed action.
B.
Notwithstanding
the provisions of this section, upon the recommendation of the Personnel
Director, the City Administrator may approve the temporary assignment
of an employee to a status of leave with pay pending conduct or completion
of such investigations or hearings as may be required to determine
if disciplinary action is to be taken.
(Ord. 3830, 1976)
A.
Any
employee who has a grievance shall first try to get it settled through
discussion with his or her immediate supervisor without undue delay.
Every effort shall be made to find an acceptable solution at the lowest
possible level of supervision.
B.
If after
such discussion the employee does not believe the grievance has been
satisfactorily resolved, he or she may file a formal appeal in writing
to his or her department head within 10 calendar days after receiving
the informal decision of his or her immediate supervisor.
C.
The
department head receiving the formal appeal shall render his or her
written decision and comment to the employee within 10 calendar days
after receiving the appeal.
D.
If after
receipt of the written decision of the department head the employee
is still dissatisfied he or she may appeal the decision of the department
head to the City Administrator. Such appeal shall be made by filing
a written appeal to the City Administrator within five days after
receipt of the written decision of the department head. The City Administrator
shall review the decision of the department head, and his or her decision,
which shall be rendered within 15 days after the appeal is made, shall
be final. The City Administrator may request the advice of the Board
in any grievance proceeding, but he or she shall not be bound to follow
any recommendation of the Board.
(Ord. 3267 §1, 1968)
The time limits specified in Section 3.16.370 may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
Employees shall be assured freedom from reprisal for using the
grievance procedure.
(Ord. 3267 §1, 1968)
All rules and regulations relating to City personnel or to the
personnel of particular departments in the City which are not in conflict
with this chapter or the Charter shall remain in full force and effect.
(Ord. 3267 §1, 1968)
The Board shall have the power and authority to compel the attendance
of witnesses, to examine them under oath and to compel the production
of evidence before it. Subpoenas shall be issued in the name of the
City and be attested by the City Clerk. They shall be served and complied
with in the same manner as subpoenas in civil actions. Disobedience
of such subpoenas, or the refusal to testify (upon other than constitutional
grounds), constitutes a misdemeanor, and shall be punishable as provided
by Section 515 of the Charter.
(Ord. 3267 §1, 1968)
The Civil Service System of the City shall be deemed to have
commenced on the effective date of the Charter of the City.
(Ord. 3267 §1, 1968)
A.
Right
to a Hearing. Any person entitled to a hearing before the Board of
Civil Service Commissioners under Section 1007 and Section 808(d)
of the Charter or this chapter may petition for a hearing before the
Board.
B.
Petition
for Hearing. Such petition shall be in writing, signed by the petitioner
or his or her representative, giving his or her mailing address, the
action which he or she appeals, and shall detail the facts upon which
his or her case is based. A general denial of the allegations contained
in the Statement of Charges furnished petitioner pursuant to Section
1007 of the Charter shall be deemed an adequate statement of the required
facts and reasons.
C.
Time
Within Which Petition Must Be Filed. A petition for hearing must be
filed with the City Clerk for delivery to the Board of Civil Service
Commissioners within 10 days of receipt of the Statement of Charges
by the petitioner. The Board may extend the time or grant a hearing
where the petition is filed after said 10 day period, where good cause
is shown, and it is shown that other parties are not likely to suffer
substantial hardship from the delay.
D.
Hearing
Board. On receiving a petition which complies with the foregoing rule,
the Board shall determine whether the matter will be heard before
the entire Board or by three or more members of the Board as designated
by the chairman.
The term "Hearing Board" as used in this chapter shall mean
the Board of Civil Service Commissioners, or those members thereof
named or appointed under this section to hear any appeal.
E.
Hearing
Officer. For all hearings on the discharge, suspension, or demotion
of a City employee, a hearing officer shall be appointed. The hearing
officer shall be an attorney admitted to practice in the State of
California. The hearing officer shall preside at the hearing, rule
on the admission and exclusion of evidence, and advise the Hearing
Board on matters of law.
F.
Notice.
The Hearing Board shall set the matter for hearing and shall give
petitioner at least 10 days' notice in writing of the date and place
of such hearing. In hearings in which an action of a department or
division head is at issue similar notice shall be given to the department
head.
G.
Evidence.
The following evidentiary rules shall apply to hearings conducted
under this section:
1.
Oral
evidence shall be taken only under oath.
2.
Each
party shall have the right to call and examine witnesses, to introduce
exhibits, to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in the direct
examination, to impeach any witness regardless of which party first
called him or her to testify, and to rebut the evidence against him
or her. If petitioner does not testify in his or her own behalf he
or she may be called and examined as if under cross-examination.
3.
The
hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common—law or statutory rule which might make improper
the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining
other evidence, but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions.
The rules of privilege shall be effective to the extent that they
are otherwise required by statute to be recognized at the hearing,
and irrelevant and unduly repetitious evidence shall be excluded.
H.
Burden
of Proof. In hearings on discharges, reductions, or suspensions, the
burden of proof shall be on the appointing power. In all other types
of hearings the burden of proof shall be on the petitioner.
I.
Exclusion
of Witnesses. The Board may at its discretion exclude witnesses not
under examination, except the Personnel Director, the petitioner or
person to be discharged or reduced, the appointing power and counsel.
J.
Appearance
of Petitioner. The appearance of the petitioner shall be required
at all hearings, provided, however, the Hearing Board shall have discretion
to consent to the absence of the petitioner upon a showing of good
cause therefor.
Unexcused absence of the petitioner at such a hearing may, in
the discretion of the Hearing Board, be deemed a withdrawal of the
petition and consent to the action or ruling from which the appeal
was taken.
K.
Findings
and Decision.
1.
If
the hearing, as hereinbefore described, is not before the full Board,
the Hearing Board shall submit a written or oral report to the full
Board for its approval. If the Board accepts such report, it need
not read the record of the hearing. If the Board declines to accept
such report, it must read the record or hold a hearing de novo.
2.
The
Board may either adopt the report made by the Hearing Board and reduce
the same to writing to serve as findings, or it may draft its own
findings. The findings shall not be signed by the Board until five
business days after they have been posted to the petitioner. Notice
of the decision and findings of fact and conclusions of law shall
be mailed promptly to the petitioner. The petitioner shall have five
business days after the Board mails the findings of fact and conclusions
of law to object in writing to said findings of fact and conclusions
of law.
3.
If
objections to the findings are filed with the Board within the time
specified above and the Board believes that the objections or parts
thereof have validity, then the Board may amend said findings, or
take such further action as it deems appropriate.
4.
If
no objection to said findings and conclusions is received by the Board
within said five business days, the findings and conclusions and decision
shall be final and conclusive.
L.
Report
of Hearings. Hearings on discharges, reductions, and suspensions shall
be conducted with a stenographic reporter and whenever possible a
mechanical recording machine.
M.
Transcripts
of Hearings. Transcripts of hearings shall be furnished to any person
on payment of the cost of preparing such transcripts.
N.
Continuances.
The Hearing Board may grant a continuance of any hearing upon such
terms and conditions as it may deem proper, including in its discretion
the condition that the petitioner shall be deemed to have waived salary
for the period of the continuance, if the continuance is at the petitioner's
request. Any request for continuance made less than 24 hours prior
to the time set for the hearing will be denied unless good cause is
shown for the continuance.
O.
Class
Actions.
1.
The
Board may, at its discretion, grant to any two or more persons whose
appeals are heard pursuant to this chapter, or to the appointing power,
the right to consolidate such appeals as a class action.
2.
The
granting of authority for such class action shall be contingent upon
showing by petitioners or their representatives or by the appointing
power that the appeals in question present common questions of fact
and law, and the separate hearings upon such appeals would result
in unnecessary multiplicity of hearings before the Board of its appointed
hearing officers.
3.
Any
petitioner who would otherwise be included in a proposed class action
hearing shall have the right to appear before the Board and request
that his or her appeal be heard separately from appeals involved in
the class action. Such request must be filed with the City Clerk not
less than five days prior to the date set for the consolidated hearing
and may be denied by the Board if it determines that good cause does
not exist for holding a separate hearing.
(Ord. 3713 §1, 1974)
A.
Authority.
Pursuant to Section 808(c) of the Charter the Board shall have the
power, upon request of the City Council or upon its own motion, to
make investigations concerning the administration of personnel or
conditions of employment in the municipal service and report its findings
to the City Council and City Administrator.
B.
Procedures.
When an investigation is initiated, either by City Council request
or by the Board's own motion, the Board shall initially take the following
actions:
1.
Direct
the Personnel Director to investigate the matter and report his or
her findings to the Board; or
2.
Direct
one or two of its members to investigate the matter and report their
findings to the full Board.
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Except as provided hereafter, the Board shall accept the findings
of either of the above and forward it to the City Council and the
City Administrator. In the event that the report received by the Board
from either of the above is determined by the Board to be incomplete
or unsatisfactory, the Board as a whole may conduct its own investigation
and forward its findings to the City Council and the City Administrator.
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(Ord. 3713 §1, 1974)
