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. |
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)
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.
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. |
(Ord. 3713 §1, 1974)