Chapter 2.76
CIVIL SERVICE

	2.76.010	Purpose.
	2.76.020	Competitive services enumerated--Exceptions.
	2.76.030	Eligibility for system.
	2.76.040	Status of employees on effective date of chapter--Probationary period for other persons.
	2.76.050	Personnel officer generally.
	2.76.060	Civil service board created --Appointment and terms of members.
	2.76.070	Civil service board --Vacancies--Vote required for appointment or removal--Qualifications of members--Other city service.
	2.76.080	Civil service board --Organization meeting--Chairman.
	2.76.090	Civil service board --Meetings--Quorum--Powers and duties generally.
	2.76.100	Rules and regulations.
	2.76.110	Appointments.
	2.76.120	Probationary period.
	2.76.130	Applicability of portions of rules to full-time exempt positions.
	2.76.140	Appointing authority not affected by chapter.
	2.76.150	Dismissal, suspension, reduction in pay.
	2.76.160	Dismissal, suspension, reduction in pay--Hearing.
	2.76.170	Board of appeals generally.
	2.76.180	Hearings by special hearing board.
	2.76.190	Conduct of hearing --Rules of procedure.
	2.76.200	Abolition of positions.
	2.76.210	Political activities of public employees.
	2.76.220	Right to contract for special services.
	2.76.230	Appropriation of funds.

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2.76. 010 Purpose.

The purpose of this chapter is, first, to establish an equitable and uniform system for the selection and promotion of employees of the city on the basis of merit, experience and record, in order to attract and retain the most competent and courteous public servants to handle the city's business and administer its affairs; second, to provide worthy officials and employees reasonable security in the retention of their respective positions and afford them an opportunity for advancement according to merit. Toward this objective the following civil service system is adopted. (Prior code § 2-23)

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2.76. 020 Competitive services enumerated--Exceptions.

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except the following exemptions:

A. Elective officers;

B. Members of appointive boards, commissions and committees;

C. Persons engaged under contract to supply expert, professional or technical services for a definite period of time;

D. Volunteer personnel, such as volunteer firemen or civil disaster workers who receive no regular compensation from the city;

E. Volunteer or special fire or police or civil disaster personnel paid on an hourly or per diem basis;

F. City manager;

G. City attorney;

H. Casual, seasonal, part-time, hourly or per diem employees in any office or department of the city;

I. Emergency employees in any office or department of the city. All such positions shall be for the duration of the emergency and shall terminate immediately thereafter;

J. Department heads.

All offices, positions and employments not exempted in this section shall constitute the competitive service of the city. (Ord. 95-1141 § 1, 1995: prior code § 2-24)

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2.76. 030 Eligibility for system.

No person shall be eligible for any position in the competitive service unless, at the time established as the final date on which applications will be accepted for the position, the person possesses the minimum qualifications required for the position.

The working of spouses in the same department, division or facility shall be reasonably regulated so that supervision, safety, security and morale may be maintained through the formulation and periodic revision of personnel rules by the city council pursuant to this chapter. (Ord. 95-1140 § 1, 1995; prior code § 2-25)

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2.76. 040 Status of employees on effective date of chapter--Probationary period for other persons.

Any person holding a position included in the competitive service as defined in this chapter who, on the effective date of this chapter, shall have served continuously in such position, or in some other position in the competitive service as defined by this article, for a period equal to the probationary period prescribed by the rules and regulations for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules and regulations.

Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed by the rules and regulations before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Prior code § 2-26)

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2.76. 050 Personnel officer generally.

The city manager shall be ex officio personnel officer. With the approval of the city council, the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract.

The personnel officer shall:

A. Attend all meetings of the civil service board;

B. Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the city council or the civil service board;

C. Prepare and recommend to the city council revisions and amendments to the personnel rules and regulations; provided, however, that revisions and amendments shall first be considered in public hearing before the civil service board. The city attorney shall approve the legality of such revisions and amendments prior to their submission to the city council;

D. Prepare and recommend such revisions as he may deem necessary to the classification plan and the annual salary resolution. Such revisions shall become effective upon approval by the city council. (Prior code § 2-27)

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2.76. 060 Civil service board created--Appointment and terms of members.

There is created a civil service board to consist of five members to be appointed by the city council.

The first board shall consist of those persons holding appointments as members of the civil service commission at the time of adoption of this chapter. Upon expiration of the terms of each of these persons, their successors shall be appointed by the city council so their terms shall expire as follows: One on July 15, 1966; two on July 15, 1967; and two on July 15, 1968. Thereafter, a successor shall be appointed by the city council for a term of four years. Any member may be reappointed. (Prior code § 2-28)

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2.76. 070 Civil service board--Vacancies--Vote required for appointment or removal--Qualifications of members--Other city service.

Vacancies on the board shall be filled by appointment by the city council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the city council shall be required to appoint a member of the civil service board, but a four-fifths vote shall be necessary to remove any member of the civil service board from office prior to the expiration of his term.

Members of the civil service board shall be qualified electors of this city. No person shall be appointed to the civil service board who holds any salaried public office or employment with this city. No person, while a member of the civil service board, shall be eligible for appointment to any office or employment with this city. (Ord. 95-1140 § 2, 1995; prior code § 2-29)

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2.76. 080 Civil service board--Organization meeting--Chairman.

At its first regular meeting of each calendar year, the civil service board shall elect by majority vote one of its members to serve as chairman for a period of one year. The chairman may be re-elected to serve an additional term or additional terms, upon a majority vote of approval. The chairman shall continue to serve until his successor is duly elected and qualified. The duties of the chairman shall be such as are usually carried by this type of officer in other boards and commissions as created in the city. (Prior code § 2-30)

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2.76. 090 Civil service board--Meetings--Quorum--Powers and duties generally.

The civil service board shall determine the order of business for the conduct of its meetings and shall meet regularly, if so required by the rules and regulations, or on call of the chairman or three members of the civil service board. Three members of the civil service board shall constitute a quorum for the transaction of business.

The functions of the civil service board shall be:

A. As provided by this chapter and by the rules and regulations to hear appeals submitted by any person in the competitive service relative to any suspension, reduction in pay or alleged violation of this chapter or the personnel rules and regulations and to certify its findings and recommendations as provided in this chapter.

B. When requested by the city council or the city manager, the civil service board shall hold hearings and make recommendations on any matter of personnel administration of the city council or the city manager. (Prior code § 2-31)

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2.76. 100 Rules and regulations.

The city manager shall prepare personnel rules and regulations, subject to the provisions of this chapter, which shall be adopted and may be amended from time to time by resolution of the city council. The rules and regulations shall establish specific procedures and regulations governing the following phases of the personnel system:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service including employment standards and qualifications for each class;

B. Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

C. Public announcement of all tests and the acceptance of applications for employment;

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

E. Certification and appointment of persons from employment lists and the making of temporary and emergency appointments;

F. Evaluation of employees during the probationary period;

G. Transfer, promotion, demotion and reinstatement of employees in the competitive service;

H. Separation of employees from the city service through layoff, suspension and dismissal;

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

J. Suitable provision for orderly and equitable system of grievance and appeals;

K. Content, maintenance and use of personnel records and forms.

Notwithstanding other provisions of this chapter, the rules and regulations shall establish a board of appeals as set forth in this chapter, to hear appeals from actions of dismissal or demotion of officers and employees. (Prior code § 2-32)

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2.76.110 Appointments.

1. Competitive Examinations. Appointments to vacant positions in the competitive service shall be made in accordance with personnel rules and regulations. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of such recognized selection techniques as achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, or any combinations of these or other recognized selection techniques which will test fairly the qualifications of the candidates. Subject to inspection and review of the civil service board, the personnel officer shall prepare, conduct and grade examinations. The personnel officer may also provide for suitable physical, medical and psychological tests to be given as a qualification for eligibility to appointment.

2. Qualifying Tests. The personnel officer may require, in addition to competitive tests, a qualifying test or tests which will verify that the applicant can meet the minimum qualifying standards set forth for the position.

3. Appointing Officer. Appointments shall be made by the officer in whom the power to make appointments is vested by law from an eligibility list established by the civil service board.

4. Temporary Appointments in Absence of Appointment Lists. In the absence of appropriate employment lists, a temporary 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 temporary appointment. The city manager, with the approval of four-fifths of the city council, may extend the period for any temporary appointment to any position for not more than thirty days by any one action and the city council shall direct the city clerk to record such action in the minutes of the meeting of the city council.

   No special credit shall be allowed in meeting any qualification, or in the giving of any test, or the establishment of any employment or promotional lists for service rendered under temporary appointment.

5. Filling Vacancies During Suspension, Demotion or Dismissal of Employees. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing power on a temporary basis subject to the provisions of this chapter and the personnel rules and regulations.

6. Vacancies in Specialized or Technical Fields. When a vacancy exists in a specialized or technical field and the civil service board certifies to the city council that the supply of qualified personnel in such field is insufficient to provide an appropriate employment list, the city council may authorize the appointing power to permanently appoint a qualified person to such vacancy. (Prior code § 2-33)

7. Veterans' credit. In all open competitive employment examinations conducted pursuant to the City's Personnel Rules and Regulations, qualifying veterans shall be credited with three percentage points added to their final score achieved in the examination process. The term "veteran" shall have the same meaning as in Section 18973 of the California Government Code. Proof of service and eligibility shall be provided to and determined by the personnel officer.

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2.76. 120 Probationary period.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that as to any class of position the rules and regulations may provide for an extension of the period for not more than an additional six months. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transfered if, within six months after such promotion or transfer, action is taken to reject or demote him. (Prior code § 2-34)

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2.76. 130 Applicability of portions of rules to full-time exempt positions.

The provisions of the personnel rules and regulations relating to attendance and leaves shall apply to the incumbents of full-time exempt positions as set forth in Section 2.76.020. (Prior code § 2-35)

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2.76. 140 Appointing authority not affected by chapter.

The city manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, layoff and to suspend or dismiss employees, shall retain such power, subject to the provisions of this chapter and the personnel rules and regulations. (Prior code § 2-36)

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2.76. 150 Dismissal, suspension, reduction in pay.

The city manager and any appointing officer or department head in whom is vested disciplinary or removal power shall be allowed full freedom in its or in his action on such matters, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees and officers may be selected on a basis of merit, but, in no sense, to handicap or curtail the responsible administrative officer in securing efficient service. All persons holding positions in the competitive service shall be subject to suspension without pay for a period of not to exceed thirty (30) days, and also demotion or dismissal from office or employment or reduction in pay for misconduct, incompetency, inefficiency or failure to perform duties or to observe the rules and regulations of the department, office or board, but subject to the right of appeal of the aggrieved party to a board of appeals or the civil service board, in accordance with and in the manner set forth in this chapter and in the rules and regulations. (Prior code § 2-37)

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2.76. 160 Dismissal, suspension, reduction in pay--Hearing.

Any permanent employee in the competitive service who has been demoted or dismissed shall be entitled to request a written statement of the reasons for such action. Such a request must be made in writing to the person taking such action within three working days following the action. In the event the employee requests the statement, he shall receive a written, signed statement specifying in detail the exact reasons for such action within three working days and he shall have three working days thereafter to answer in writing thereto. In the event the employee files a signed, written statement to the charges, copies of both this statement of charges and the employee's answer shall be filed with the city manager.

Within ten working days from the date of filing his answer to the written charges, or in the event such written charges have not been made available to him within the time prescribed; then, within ten working days after the action taken to demote or dismiss the employee, he may file a written demand with the city manager requesting a hearing before a board of appeals as provided in this chapter and in the rules and regulations.

The city manager shall forthwith file a copy of such written charges and answer with the board of appeals and order a hearing upon the appeal. (Prior code § 2-38)

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2.76. 170 Board of appeals generally.

There shall be established a board of appeals to hear appeals on actions taken for dismissal or demotion of officers and employees, which board shall be independent of the city and shall not contain, thereon, members of the city council, civil service commission or other residents of the city.

The board of appeals shall hear only appeals from actions of dismissal and demotion. When a hearing is ordered pursuant to this chapter, the board of appeals may make, or cause to be made, such investigation as it may deem necessary and thereafter hold a hearing, at which time it shall hear evidence for and against the party aggrieved.

Written conclusions or findings of the board of appeals shall be rendered within ten working days after the conclusion of the hearing and thereupon certified to the city manager, the official from whose order appeal was taken and the aggrieved employee. Such findings and conclusions of the board of appeals may contain such recommendations as the board shall deem warranted. The decisions and recommendations of the board of appeals and its findings as set forth shall be final and conclusive and shall not be reviewable in any court. (Prior code § 2-39)

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2.76. 180 Hearings by special hearing board.

Any employee in the competitive service shall have the right to appeal to the civil service board relative to any suspension, reduction in pay or alleged violation of this chapter or the personnel rules and regulations except in the instances where the right to appeal is prohibited in this chapter.

In the event of such action affecting an employee, he shall within one working day thereafter be given a signed, written statement setting forth in full the reasons for such action, a copy of which shall be filed with the personnel officer. The employee may thereafter, within three working days, file a request with the personnel officer for a hearing on the action, and thereafter the personnel officer shall call a meeting of the civil service board to convene as a special hearing board within seventy-two (72) hours, excluding Saturdays, Sundays and holidays, from the date and time the employee request is filed with the personnel officer.

The hearing board may make, or cause to be made, such investigation as it may deem necessary and thereafter hold a hearing at which time it shall hear evidence for and against the party aggrieved. Within ten working days after concluding the hearing, the hearing board shall certify its findings and conclusions in writing to the city manager, the official from whose action the appeal was taken and to the employee affected. In the event the hearing board finds the action taken to have been taken without just cause, the action will be revoked, and in the case of such finding on an action of suspension or reduction in pay, the employee shall be immediately restored to his previous status and shall be entitled to his regular pay for the period during which such suspension or reduction of pay was in effect.

The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages. (Prior code § 2-40)

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2.76. 190 Conduct of hearing--Rules of procedure.

Hearings before the board of appeals or the civil service board, when sitting as a hearing board as provided in this chapter, need not be conducted according to technical rules relating to evidence and witnesses. The hearings may be public or private at the option of the appealing employee.

In any investigation or hearing conducted by the board of appeals or the civil service board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the civil service board or board of appeals shall have the power to administer oaths to witnesses.

In the event the personnel rules and regulations shall provide for the board of appeals to be an established board or body of a governmental agency, the rules, regulations and procedure of that board or body for conduct of such hearings may be applied and govern the conduct of hearings at the option of such board or body. (Prior code § 2-41)

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2.76. 200 Abolition of positions.

Whenever, in the judgment of the city council, it becomes necessary in the interest of economy or because the necessity for the position or employment no longer exists, the city council may abolish any position or employment in the competitive service, and the personnel officer shall layoff, demote or transfer employees thereby affected, in accordance with provisions of this chapter and the rules and regulations.

Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary employee; all probationary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee. In the case of a probationary or permanent employee, he shall be permitted to drop back a grade in his classification within his department and continue in service provided he is qualified to perform the duties of the lower grade. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least seniority.

For the purpose of determining order of layoff, total cumulative seniority shall include time served on military leave of absence. Such cumulative seniority shall not include time served which was terminated by voluntary resignation from the competitive service.

The names of probationary and permanent employees laid off shall be placed upon eligibility lists for classes which, in the opinion of the city manager, require basically the same qualifications and duties and responsibilities as those of the class of position from which the layoff was made.

Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re-employed. (Prior code § 2-42)

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2.76. 210 Political activities of public employees.

The state of California has preempted the field of limitations on political activities of public employees and has prohibited restrictions on such activities except as provided in state or federal law. (Chapter 9.5, Division 4, Title 1, California Government Code, commencing at Section 3201).

No employee of the city may engage in the activities prohibited by Chapter 9.5 of the California Government Code as it is presently worded or may hereafter be amended. Without limiting the restrictions of Chapter 9.5 and for summary description purposes only, the prohibited activities are:

A. For one who holds or seeks election or appointment to any office or employment to use or promise to use their vote or influence to aid any person in securing any position or change in compensation, upon condition that their vote or influence shall be used a certain way in the future, (California Government Code Section 3204).

B. For any employee to knowingly solicit political funds or contributions from other city employees or from persons on city employment lists except as part of a request for political funds or contributions to a significant segment of the public, (California Government Code Section 3205).

C. For any employee to participate in political activities of any kind while in uniform, (California Government Code Section 3206).

Pursuant to the permission granted the city by California Government Code Sections 3207 and 3209, no employee of the city shall engage in political activity during working hours on city premises including soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of employees of the city. (Prior code § 2-43)

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2.76. 220 Right to contract for special services.

The city manager shall make recommendations to the city council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the civil service system. The city council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

A. The preparation of personnel rules and subsequent revisions and amendments thereof;

B. The preparation of a position classification plan and subsequent revisions and amendments thereof;

C. The preparation of a plan of compensation and subsequent revisions and amendments thereof;

D. The preparation, conduct and grading of competitive tests, which shall be only with other public agencies; provided, however, this subsection shall not otherwise prohibit obtaining materials for preparation of examinations to be conducted by the city from other than public agencies;

E. Special and technical services on matters relating to personnel administration. (Prior code § 2-44)

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2.76. 230 Appropriation of funds.

The council shall appropriate such funds as are necessary to carry out the provisions of this article. (Prior code § 2-45)

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