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HomeMy WebLinkAboutCC RESO 15,362RESOLUTION N O. 15 , 36 2 RESOLUTION APPROVING AMENDMENTS IN CITY CIVIL SERVICE RULES I, II, III, IV AND XII WHEREAS, the Civil Service Commission of the City of National City at their public meeting of July 9, 1987 authorized amendments in the civil service rules of the City. WHEREAS, recognized employee organizations have been offered the opportunity to meet and confer on these amendments. WHEREAS, The City Council has the authority under Section 3.08.030 of the National City Municipal Code to amend these rules by resolution of the Council. NOW, THEREFORE BE IT RESOLVED that Civil Service Rules I, II, III, IV and XII be amended as indicated on the attachmentto this resolution. PASSED AND ADOPTED THIS 21st DAY OF July, 1987. George H. Waters, Mayor ATTEST: Ione 'Campbell, City Clerk APPROVED AS TO FORM: /00474L at - George H. Eiser, III - City Attorney C C DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 2 of 7 SECTION 102 - SPECIFIC TERMS: ACTIVE SERVICE - shall mean actual time worked, other paid time, leaves of absence without pay not to exceed 14 calendar days annually, and leaves of absence without pay not to exceed one year for which Workmen's Compensation is paid. It shall also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCEMENT - shall mean a salary increase within a range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ALLOCATION - shall mean the assignment of a position to its appropriate classification in relation to duties performed. Re -assignment of an employee to a different position in the same classification shall not be considered as either a promotion or a demotion. ANNIVERSARY DATE - shall mean the date that the employee completes twelve calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPEAL - shall mean an application for review of a disciplinary action or dismissal submitted to the Commission by the concerned employee or his representative. ,APPLICANT tall man a person who a has <filed : nn:' 3Rcatioa An -take .8"civil Service Examination. APPOINTING AUTHORITY - shall mean the City Council, the City Manager, and any other person or body to whom the power to appoint personnel to positions in the Classified Service may be delegated. APPOINTMENT - shall mean the offer to an acceptance by a person of a position either on a permanent or temporary basis. CALENDAR YEAR - shall mean a twelve month period beginning January 1 and ending December 31. CERTIFICATION - shall mean providing to an appointing authority the names of persons who are legally qualified for consideration for appointment to a vacant position. CLASS - shall mean a position or a group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required, and the same salary range may be made to apply with equity. DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 3 of 7 CLASS SPECIFICATION - shall mean a written description of a class consisting of a class title, a general statement of the level of work and distinguishing features of work, examples of duties, and the desirable qualifications for the class. CLASSIFICATION PLAN - shall mean the official or approved system of grouping positions into appropriate classes. CLASSIFIED SERVICE - shall mean all positions in the competitive service of the City of National City which are subject to the provisions of the Civil Service Ordinance No. 1076 creating the Civil Service System and the Rules of the Civil Service Commission. COMMISSION - shall mean the Civil Service Commission of the City of National City. COMPENSATION - shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. COMPENSATION PLAN - shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS EXAMINATION - shall mean an examination which is open for filing % en indefinite -period .of -time end ,-which .is held. -sue ° periodic t:1asis. CONTINUOUS SERVICE - shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same class. DEPARTMENT - shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the -department head. DISABLING DEFECTS - shall mean physical, emotional or mental disabilities which even with reasonable accommodation by the City would not allow an applicant or employee to perform safely the reasonable and essential duties of a specific position or classification. DISMISSAL - shall mean permanent separation from the competitive service, pursuant to all the rules and regulations of the Civil Service Commission. ELIGIBLE - shall mean a person who has attained a passing grade in a Civil Service examination and whose name appears on a current eligible list. DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 4 of 7 ELIGIBLE LIST - shall mean the ranking of eligibles on a list of eligibles established for a class, exclusive of re-employment lists. EMPLOYEE - shall mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to a position in his class. Employee shall include OFFICER. EXAMINATION - shall mean a test or a combination of tests which determine the relative capacity of candidates to discharge the duties and responsibilities of the class in which they are seeking appointment. EXEMPT EMPLOYEE - shall mean an employee who is exempted or who occupies a position exempted from the provisions of the Civil Service Rules. FAIR EMPLOYMENT - shall mean that consistent with the Affirmative Action Policy of the City, no appointment to, or removal from, a position in the competitive service shall be affected or influenced in any manner by any consideration of race, color, ancestry, national origin, political or religious opinion or affiliation and no appointment to, or removal from, any position in the competitive service shall be affected or influenced in any manner by gender, age or physical handicap except when there is a demonstrable, job -related reason for such consideration. GRANT -FUNDED EMPLOYEE - shall mean an employee appointed to work on a project funded by a grant with a specific expiration date. IMMEDIATE FAMILY - shall include the husband, wife, mother and father of both :homed -:sod vice, son, (laughter, ,brother ,and sister _of -tile, employee, or any -relative by blood or marriage residing in the same household. * INTERIM APPOINTMENT - shall mean a- short term appointment made from an eligible list. INTERMITTENT SERVICE - shall mean City service interrupted by separation. LAY-OFF - shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds, or abolishment of a position. LEAVE - shall mean an approved type of absence from work as provided for by these rules. OPEN COMPETITIVE EXAMINATION - shall mean any examination which is open to all persons, whether employed by the City or not, who meet the qualifications and comply with prescribed requirements for admission thereto. PERFORMANCE TEST - shall mean a test consisting of a standard task or series of tasks used to measure the relative skill or abilities of candidates. * Refer to SECTION 1203 c C DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 5 of 7 PERMANENT EMPLOYEE - shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION - shall mean a specific office, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part time or full time basis. PERMANENT STATUS - shall mean the satisfactory completion of one year of probationary service and continuing permanent appointment. PERSONNEL OFFICER - shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. PHYSICAL AGILITY TEST - shall mean a test used to measure the strength, stamina, or dexterity of candidates. POSITION - shall mean any specific office, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full time basis or part-time basis. ,PROBATIONARY PERIOD shaft mean .theworking tPsr pprind during: which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be rejected without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATION ER - shall mean an employee in the Classified Service who is serving a probationary period. PROMOTION - shall mean appointment of a City employee holding a position in one class to a position in another class having a maximum salary rate more than five percent higher than that of the previous class. PROMOTIONAL EXAMINATION - shall mean a competitive examination which is open only to permanent employees of the City and given for the purpose of establishing a list for a designated class from which to certify eligibles for promotion. DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 6 of 7 PROVISION AL APPOIN TMEN T - shall mean the temporary 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; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. PUBLIC N OTICE - shall mean giving notice either by posting or by publication or both. If notice is given by posting, then posting the notice in the City Hall of the City of National City at some location accessible to the public during business hours shall be sufficient. If notice is given by publication, then one insertion of the notice in a newspaper of general circulation printed and published in the county, shall be sufficient. RE -INSTATEMENT - shall mean the re-employment without examination of a former permanent employee. RESIGN ATION - shall mean the voluntary separation, other than by retirement, of an employee from his position. REVERSION - shall mean the change of an employee from one class to another class in which he formerly had a permanent appointment. RULES - shall mean the Civil Service Rules adopted by the Civil Service Commission and approved by the City Council. SALARY :^BAN GE .-- shall mean one or :more, but s;eommoniy ;3 s{>et<ific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for that class. SALARY RATE - shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an hourly rate, as shown in the compensation plan of the City. SALARY STEP - shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. SEASONAL POSITION - shall mean any position in the classified service which requires or is likely to require the services of an incumbent during certain parts of each year, or recurring annually or at other periods. SEPARATION - shall mean voluntary or involuntary termination of employment in the Classified Service. SUSPENSION - shall mean a temporary leave of absence with or without pay for disciplinary purposes or pending investigation of charges made against an employee. C DEFINITION OF TERMS RULE 1 SECTION 102 DATE July 14, 1987 PAGE 7 of 7 TEMPORARY EMPLOYEE - shall mean an employee appointed to a position of a non -permanent nature on a provisional basis. TIME WORKED - shall mean actual time worked, other paid time, ordered military leave, and leave of absence without pay, not to exceed one year, for which Workmen's Compensation is paid. TRANSFER - shall mean (1) appointment of a City employee holding a position in one class to another position in the same class under the jurisdiction of another appointing authority; or (2) the appointment of a City employee holding a position in one class to a position in another class having the same maximum salary or a maximum salary five percent or less higher than that of the maximum salary rate of the previous class and under the jurisdiction of the same or another appointing authority. WORK DAY - shall mean the scheduled number of hours an employee is required to work per day as determined by the appointing authority and appropriate M.O.U. l CLASSIFICATION OF POSITIONS RULE - II SECTION 201 DATE July 14, 1987 PAGE l of 5 SECTION 201 - THE CLASSIFICATION PLAN: The Commission shall adopt, revise as necessary and maintain for official and public reference a Classification Plan. The Classification Plan shall consist of a list of titles of the classes to which all positions in the Classified Service are to be allocated, and a written class specification describing each class. Each class specification shall outline the main characteristics and desirable qualifications required of positions allocated to the class and shall give examples of duties which employees holding such positions may properly be required to perform. The class specification is descriptive and explanatory, but not restrictive or inclusive of all duties performed. The listing of particular examples of duties does not preclude the assignment of other tasks and duties of related kind or character, or of lesser skills. Desirable qualifications may include such pre -entry requirements of education, experience, training, occupational certificates, licenses, skills, abilities, or personal aptitudes required to assure reasonable work performance in the class of position. The statement of desirable qualifications in a class specification is intended to be used as a guide in selecting candidates for employment, as an aid in the preparation of competitive examinations, and for use in determining the relative value of positions in one class with positions in other classes. Qualifications commonly required of all employees, such as freedom from disabling defects, either ... U.R. _,e enship , or ;possession of _a work persnit,Irom the U.S. Immigration and Naturalization Service, honesty, sobriety, and industry shall be implied as requirements for each class, even though they may not be specifically mentioned in the specification. The Commission shall be the final authority in the interpretation of such specifications. A waiver of any provision in any class specification previously adopted by the Commission may be granted only under exceptionally compelling circumstances by a majority vote of the Commission. All such requests shall be made in writing to the Commission, stating in full the justification for such action. The decision of the Commission shall be so noted in the official minutes of their meeting. CLASSIFICATION OF POSITIONS RULE II SECTION 203 DATE July 14, 1987 PAGE 3 of 5 SECTION 203 - ALLOCATION OF POSITIONS TO CLASSES: The Commission shall allocate to a class or reallocate as necessary, every position in the Classified Service, in accordance with the class specifications. A) When a position necessarily includes duties and responsibilities of two or more classes, the Commission may in its discretion: (1) Allocate the position in accordance with the duties and responsibilities which occupy the major part of the working time; or (2) Allocate the position in accordance with the highest essential group of duties and responsibilities of the position; or (3) With the concurrence of the City Manager divide the position into two or more part-time positions. B) The Personnel Officer shall conduct an investigation prior to the reallocation of any position from one class to another class. Such reallocation may be considered by the Commission whenever a change in duties and responsibilities of a position makes the class to which the position was previously allocated no longer applicable. Any proposed reallocation to be made shall be made with the knowledge of the employee concerned and his department head and shall take into consideration the following factors: Kinds of duties to be performed, the degree of difficulty and complexity of the duties, the level of responsibility of the position, and the basic skills, knowledge and abilities required to 4'-m the wirk. C) The personal qualifications, ability or performance of an employee occupying a position shall not be a criterion for reallocating his position. Nor shall the reallocation of any position be permitted for the purpose of avoiding the requirements of these Rules regarding either demotions or promotions, or any requirements of a Civil Service examination. D) The Commission shall determine the status of an employee whose position is reallocated to another class consistent with the following policies: 1) If the position is reallocated to a class at the same salary range or one no more than five per cent higher in maximum salary, the incumbent shall have the same status permanent or probationary in the new class that he had in the old. 2) If the position is reallocated to a class more than five percent higher in maximum salary than his current class, he must compete through an open or promotional examination to be placed in the higher classification and, if selected, must serve a new probationary period. However, if he has occupied the position for at least three consecutive years previous to the effective date of reallocation, the Commission may promote the employee without competitive examination or a new probationary period. CLASSIFICATION OF POSITIONS RULE SECTION DATE PAGE II 203 July 14, 1987 4 of 5 SECTION 203 - ALLOCATION OF POSITIONS TO CLASSES: (Continued) 3) If the position is reallocated to a maximum step lower than that of the employee shall be determined Sections 503, 1006, 1007 and 1008 ( classification in a salary range with a the previous class then the status of by lay-off and demotion provisions of of these rules. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 301 DATE July 14, 1987 PAGE 1 of 20 SECTION 301 - EXAMINATION ANNOUNCEMENT: The Personnel Officer shall call for open or promotional examinations to fill vacancies in the Classified Service or to provide eligible lists for classes of positions where vacancies are likely to occur in the near future. The Civil Service Commission or the Personnel Officer if designated by the Commission shall determine whether an examination for a position in the Classified Service shall be open or promotional, with the exception of examinations for department head positions in the competitive service which shall be determined by the City Manager. The Personnel Officer shall issue an examination announcement which shall include at least: (a) The title, class description, and rate of pay, and (b) The period during which applications may be officially received by the City, such period to be for at least two weeks; and A statement of the type of examination to be given and the relative weights of the major portions of the examination; and (d) Any special medical or physical requirements or any specific qualifications as to education, training, and experience or any licenses,certificates or other evidence of training or competency which may be required of applicants, and (e) The restrictions as to previous service in the case of promotional examinations, and any other special qualifications if there be such. Such examination announcement shall be publicly posted during the entire period that applications for the examination are being accepted. The Personnel Officer shall make an effort to bring the announcement to the attention of interested and qualified persons. In the event that the Civil Service Commission fails, neglects or refuses to act upon the request of the Personnel Officer to conduct examinations to fill vacancies in the classified service, the City Council may act in the place and stead of the Civil Service Commission. Co) RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 302 DATE July 14, 1987 PAGE 2 of 20 SECTION 302 - FILING OF APPLICATIONS: No person shall be admitted to an open or promotional examination unless he shall have prepared and filed an application for said examination upon the prescribed form(s). The applicant shall certify to the correctness of all statements made in his application. Applications must be filed with the Personnel Office not later than the final filing date stated in the public notice of the examination. The date of receipt of applications by the Personnel Office shall be endorsed thereon. The names of applicants shall not be disclosed to the public without the express permission of the Commission. No applications, whether accepted or rejected, shall be returned. Minor defects or ommissions in an application on file may be corrected or supplied only after special permission is granted by the Personnel Officer. C RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 303 DATE July 14, 1987 PAGE 3 of 20 SECTION 303 - COMPETITION: A) All persons who have filed proper application forms and who meet the minimum requirements as set forth in the examination announcement shall be granted the opportunity of competing in any examination, provided that they are not barred for cause by the provisions of these Rules. No person, after having once failed a portion of any examination, will be permitted to be an applicant for the same classification within a six month period after the date of his failure, unless otherwise authorized by official action of the Commission. B) There shall be no discrimination against any applicant due to ethnic background, race, religion, national origin, political affiliation, sexual orientation, or marital status. In addition the sex, age, disability, place of residence or relationship to current City employees or officials may not be considered in employment or promotional decisions except under the following conditions: 1) The sex or age of an applicant may be taken into consideration as allowed by Federal and/or State law but only to the extent where limitations are based upon bonafide occupational qualifications as determined by the Personnel Officer subject to final approval of the Commission. 2) Physical or mental disabilities as defined by Federal and State laws may not be considered except when there is a disabling defect as defined in these rules. It is the responsibility of the appointing authority to make reasonable accommodations to a successful applicant's disability when feasible. Final determination of the impact of the .disability on safe and successful job performance would be based on medical or other professional evaluations. 3) No restrictions on place of residence may be imposed on applicants for employment or promotion. However, the appointing authority may implement reasonable restrictions which are based solely on emergency call -out needs to protect the public health and safety. 4) No member of the immediate family of a member of the City Council, the City Manager, or the Personnel Officer may be employed in the classified service. Other restrictions on employment shall apply to prohibit employment of immediate family members in situations where one is under the supervision, or has significant impact over the working conditions or status of the other. 5) Notwithstanding the limitations indicated above concerning the use of age as a selection criterion, no person may be employed while receiving a retirement allowance under the Public Employees Retirement System except for short-term appointments consistent with these rules and the rules of the Public Employees Retirement System. RULE III APPLICATION, EXAMIN ATIONS AN D ELIGIBLE LISTS SECTION305 DATE July 14, 1987 PAGE 5 of 20 SECTION 305 - DISQUALIFICATION: The Personnel Officer on behalf of the Commission may refuse to examine an applicant, or may, after examination, refuse to certify an eligible who: (a) Is found to lack any of the established preliminary requirements for the classification for which he applies; or (b) Is physically or mentally so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment; or (c) Is addicted to the habitual or excessive use of intoxicating beverages to the degree that it may impair his effectiveness as a City employee; or to the use of morphine, cocaine, or other deleterious drugs; or (d) Has been convicted of a felony, without regard to subsequent disposition of the case by suspension of sentence, probation, or otherwise; or (e) Has been previously dismissed for good cause from any military or public service; or (f) Has used or attempted to use any personal or political influence to further his eligibility or appointment, or Has failed to notify the Personnel Office of a change of address and cannot be located with reasonable tfort after filing an application, or (g) (h) Has intentionally made a false statement of any material fact, or has practiced or attempted to practice any deception or fraud in his application or examination; or in securing his eligibility or appointment; or (i) Has failed to comply with application procedures within the established deadlines. This includes omissions or illegibility in providing requested information. Any of the foregoing disqualifications shall be deemed sufficient cause to exclude such applicant from examination, or except for item (i)vabove to remove such eligible from any eligible list or re-employment list, or from the Classified Service after appointment; provided, however, that whenever any applicant is excluded from any examination, or his application is rejected, or his name stricken or erased from any eligible list for any of the causes enumerated in this Rule, he shall be so notified in writing and may, by petition within five (5) working days of the date of his receipt of the written notice, make a statement of the facts involved and ask for appropriate action by the Commission; and the Commission shall investigate the petition and enter in its Minutes a finding thereon within thirty (30) calendar days. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 307 DATE July 14, 1987 PAGE 7 of 20 SECTION 307 - EXAMINATION CONTENT: Examinations shall be practical in their character, and shall relate as closely as possible to such matters as will test fairly and practically the ability of each applicant to fulfill the requirements of the classification to which he seeks to be appointed. An examination may be in any one of the following forms or any combination thereof: (a) Written examinations to evaluate aptitudes, mental fitness, or knowledge of the work. (b) Oral examinations to evaluate education, training, experience, or other personal qualifications. (c) Performance tests of any requisite skill and/or physical fitness to demonstrate skill and ability in performing actual work. (d) Physical agility tests to evaluate strength and fitness. (e) Personal interview. (f) Appraisal of qualifications based on investigation or statement of applicants. No question relating to race, family status, national origin, political affiliation, religious faith, sex or sexual orientation shall be .asked of any applicant as part of the selection process. In rating and evaluating experience in any examination, no more consideration shall be given to the experience which any applicant may have obtained while holding a provisional appointment to any position in the Classified Service, than is allowed to persons who have had equally valuable experience in some like employment elsewhere. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 308 DATE July 14, 1987 PAGE 8 of 20 SECTION 308 - PROMOTIONAL EXAMINATIONS: Promotional examinations shall be open only to employees in the Classified Service who have successfully passed a probationary period and have achieved permanent status without a subsequent break in service. All applicants for promotional examinations shall be required to file an application consistent with published deadlines. The application shall contain the same information as that required of applicants for open competitive examinations. Promotional examinations shall be competitive; but this requirement shall not be construed to require that there be more than one person eligible to take the examination. Candidates who attain the required standard in a promotional examination shall have their names placed on an eligible list, and appointments therefrom shall be made in the same manner as original appointments, except as otherwise provided herein. When experience in a given department or class is regarded by the Commission as essential to the proper performance of the duties of the position to be filled, the Commission may limit competition to applicants who possess the requisite experience. In the event that there are three or fewer applicants who in the judgement of the Personnel Officer meet the published qualifications for an examination, the Personnel Officer may waive the examination and give all qualified applicants a passing score of (70) seventy. The provisions of Section 305 of Rule III shall apply to promotional examinations. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 311 DATE July 14, 1987 PAGE 11 of 20 SECTION 311 - EXAMINATION GRADES: Unless otherwise provided in notices published prior to the holding of the examination, applicants shall be graded on a scale in which 100 represents the highest degree of competency which can reasonably be expected and 70 represents the lowest acceptable degree of competency. A minimum grade in any specifically named subject, below which any grade attained shall disqualify the applicant in the entire examination, may be established by announcing such required minimum grade in the examination notice. All persons passing the written examination and the performance of practical tests shall be afforded an oral interview. In examinations composed of several tests which are graded independently, weights shall be assigned by the Personnel Officer to each test representing its relative value in ascertaining the fitness of the applicant; this weight shall be multiplied by the applicant's grade in that subject; the sum of the resulting product shall be divided by the total weight of all subjects in the examination and the resulting quotient shall be the general average which shall be used in determining the order in which the name of the applicant shall appear on the eligible list. An applicant who has failed in any one portion or test in the examination process shall be considered as having failed in the entire examination. Examination papers and score sheets of persons included on an eligibility list shall be kept on file in the Personnel Office during the period of validity of the list. Examination papers of 43pfdir_ents may_ be :destroyed we ;y-Efrs .a.fter, the„klate ..oL:, t e ,-examination .unless longer maintenance of such records is required by Federal or State law. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 316 DATE July 14, 1987 PAGE 16 of 20 SECTION 316 - ELIGIBLE LISTS: (a) Order of names: Candidates who attain the required standard in an examination as specified in the announcement therefor shall have their names placed on the eligible list for such examination in the order of their relative final grades, the candidate having the highest final grade being placed in the highest place on the list. When two or more candidates have the same final average score in an examination preference shall be given as follows: (1) If all candidates having tied scores are employed by the City in the classified service, the one having the greatest seniority credit recognized for the examination shall be given preference. (2) If one of the candidates is employed by the City in the classified service and the others are not, the City employee shall be given preference. (3) If a tie still exists, no preference shall be granted. The remaining candidates shall be considered equal and certified to the appointing authority when appropriate. (b) Promulgation: Promulgation of eligible lists shall be by majority vote of the Commission, or by a designated member of the Commission, subject to zabsewent'rati-fication by that ;body_ (c) Duration of List: An eligible list shall be in effect from the date on which it is promulgated for a period of twelve (12) months, unless extended by Commission action. Such extension by the Commission shall be for a period not in excess of one (1) additional six (6) month period, at the request of the department head involved, through the Personnel Officer; and shall be accomplished prior to the expiration date of the first twelve (12) months. The Commission may, by unanimous vote, abolish an eligible list or re-employment list, upon finding that there has been fraud or collusion affecting the eligible list, or for reason of unsuitability of examination. The reason for abolishing a list shall be specifically set forth in the minutes of the Commission. (d) Removal of Name from List: The Commission,may remove a name from an eligible list or re-employment list for any reason set forth in Rule III, Section 305, or for failure to respond to notice of certification mailed to his last known address. The reason for such action shall be specifically set forth in the minutes of the Commission. Upon resignation or discharge of an employee, his name shall be removed automatically from any promotional list on which it may appear. An eligible may be removed from an eligible list if he waives appointment three times. RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 316 DATE July 14, 1987 PAGE 17 of 20 (e) Change of Address: Applicants whose names are placed upon an eligible list shall notify the Personnel Office of any change of address while their names remain on such list, or while they are employed by the City. Failure on the part of an eligible to notify the Personnel Officer of any change in his address while his name remains on an eligible list shall result in his name being removed from the eligible list. Such eligible will not be given further consideration unless reasons presented for failure to comply with the requirements of this rule meet with the approval of the Personnel Officer, or the Commission orders the eligible restored to the eligible list. (f) Series Examination: The names of all applicants who qualify in any examination of a series of open examinations for the same class of positions shall be placed on one eligible list in the order of their final grades, regardless of examination dates. Each name shall be removed from such eligible list six (6) months after the date of promulgation by the Civil Service Commission unless the Commission, by majority vote, extends the period. Merging of Lists: By majority vote of the Commission, two or more eligible lists for a class may be merged by placing the names on such lists in the order of their final grades. In the event of identical grades, the name of the eligible on the oldest list shall have priority. The Commission shall determine the expiration dates of the names on the lists so merged. Eligibles, other than those who attained eligibility in a series examination shall be notified of their standing on the merged list. (g) RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 314 DATE June 16, 1976 PAGE 14 of 20 SECTION 314 - BILINGUAL CREDIT. DELETED: July 14, 1987 c_ (DELETE) RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 317 DATE July 14, 1987 PAGE 18 of 20 SECTION 317 - REVIEW AND APPEAL: Except in the situation where a commercial standardized test is used or an examination booklet is obtained from some other personnel agency, candidates shall be notified at the time of taking a written test that they may appear at the Personnel Office during a designated period of at least two work days for the purpose of reviewing the answer key which will be used to score their performance. No notes may be taken. They may, at that time register objections to any questions and answers they believe to be unfair or incorrect. The Personnel Officer may remove such questions or make such alterations in the key as he deems justified. Within ten calendar days after receiving notice of results of his examination, any candidate may review his examination papers to determine if there were any errors in the scoring of his answer sheet. The rating of the applicant may be adjusted accordingly by the Personnel Officer subject to the approval of the Commission. c RULE III APPLICATIONS, EXAMINATIONS AND ELIGIBLE LISTS SECTION 318 DATE July 14, 1987 PAGE 19 of 20 SECTION 318 - MEDICAL EXAMINATIONS: The Commission may establish medical and physical standards for the various classes of positions in the Classified Service. Each applicant or eligible shall be required to meet the medical and physical standards prescribed by the Commission and shall be required to take a medical and physical examination to determine whether or not he meets such standards; provided, however, that the Personnel Officer may allow appointment without such examination or prior to such examination in the case of temporary employment or in the event it is impractical for the City to provide such examination. The Personnel Officer shall designate the physicians to make such examinations. If the applicant or eligible is found by a designated physician not to meet the prescribed standards, his name shall be: (a) withheld from placement on the eligible list by the Personnel Officer, or (b) removed from the eligible list by the Commission, or (c) withheld from certification by the Personnel Officer until the eligible does meet the required standards unless waiver of medical and physical standards is granted by the Commission. At the request of the appointing authority, City Manager, or Personnel Officer, the Commission may require re-examination of any temporary or permanent employees to determine whether they possess the required physical fitness for the present or prospective duties of their classification. CERTIFICATION AND APPOINTMENT RULE IV SECTION 402 DATE July 14, 1987 PAGE 2 of 12 SECTION 402 - CERTIFICATION PROCEDURES: The Personnel Officer shall certify eligibles by submitting their names to the appointing authority on the prescribed form provided for this purpose. The order of names certified shall be determined by their place on the re-employment list or the eligible list, commencing with the highest name of the appropriate list. (a) Certification from Re-employment Lists: Upon receipt of a request for certification, the Personnel Officer shall first certify the top three names of persons on the re-employment list, if any, for the class. The number of names certified shall equal the number of appointments to be made. Names will be placed on the appropriate re-employment list only upon specific approval of the Civil Service Commission, and in the order on the list determined by the provisions of Rule X of these rules. (b) Certification from Examination Eligible List: In the absence of a re- employment list for the class, unless the appointing authority elects to consider former employees on a Reinstatement List for the class, the Personnel Officer shall certify the top three names available on the eligible list for the class. If more than one such list is in existence, certification shall be made from the list bearing the earliest promulgation, supplemented by names from the next oldest list or lists, if necessary. The appointing authority shall not be required to make a permanent appointment until the prescribed number of names are certified to him. (c) When No "-Eiigible 'List Exists: In the absence of an appropriate eligible list for a class, or if there are not sufficient names on the eligible list, and upon approval of the appointing authority, supplementary names may be certified by the Personnel Officer from an appropriate eligible list for an equally high or higher class. (d) More Than One Vacancy: Whenever an appointing authority requests certification for more than one vacancy in the same class, two names in addition to the number of vacancies shall be certified. The appointing authority shall fill the first vacancy by the selection of one of the highest three (3) eligibles so certified. The second, and any succeeding vacancy, shall be filledin a like manner by selection in turn from the highest three remaining names. (e) Reinstatement List: Reinstatement list will contain names of those employees who have voluntarily resigned and have formally requested to be re-employed. In order to be placed on the reinstatement list such request must have been made within one year of date of separation and must be approved by the former employee's appointing authority at the time of separation. In the absence of a re-employment list for the class, the appointing authority may select any former employee on the reinstatement list for the class as certified by the Personnel Officer. CERTIFICATION AND APPOINTMENT RULE IV SECTION 403 DATE July 14, 1987 PAGE 3 of 12 SECTION 403 - NOTIFYING ELIGIBLES OF CERTIFICATION: Whenever the name of an eligible is certified to an appointing authority, the Personnel Officer shall notify, by sending a notice to his address as it appears on his application, each person whose name is certified, stating the fact of certification, the title of the position, the compensation schedule applying to the class, the organization unit, and the name and address of the appointing authority. Such notification shall also state that unless the eligible reports to the appointing authority for an interview within three (3) working days after receipt of such notice, he will be considered as having declined the position in which the vacancy exists. C CERTIFICATION AND APPOINTMENT RULE 1V SECTION 404 DATE July 14, 1987 PAGE 4 of 12 SECTION 404 - WAIVERS: Eligibles may waive their right to certification or appointment within three (3) working days from date of notification without detrimentally affecting their status on the eligible list. However, after the third such waiver, the Personnel Officer may remove the name of the eligible from the eligible list. An eligible may become inactive on a re-employment list or examination eligible list by submitting a written request to the Personnel Officer not to certify his name for a specified period of time. C CERTIFICATION AND APPOINTMENT RULE IV SECTION 405 DATE July 14, 1987 PAGE 5 of 12 SECTION 405 - ACCEPTANCE OF POSITIONS IN LOWER CLASS: An eligible candidate on an eligible list may, with the approval of the Personnel Officer, accept certification to a class of position lower than that for which he was examined, provided such position is one having similar duties and responsibilities and for which there is no existing eligible list. The acceptance of such a position by an eligible shall not forfeit his rights to be certified to the class of position for which he was originally examined. Each such certification shall be reported to the Commission at their next regular meeting. RULE IV CERTIFICATION AND APPOINTMENT SECTION 406 DATE July 14, 1987 PAGE 6 of 12 SECTION 406 - OBJECTION AND SUBSTITUTION: An appointing authority may object to certification of an eligible candidate by setting forth his objections in writing and presenting them to the Personnel Officer. If the Personnel Officer approves the objection to certification as being reasonable and in accord with the merit principle, he shall withdraw certification of the eligible candidate. The next highest name on the eligible list shall be certified and the Personnel Officer shall give written notice to the eligible candidate of the withdrawal of certification of his name. Such withdrawal of certification shall not affect the eligible candidate's place on the list. CERTIFICATION AND APPOINTMENT RULE IV SECTION 407 DATE July 14, 1987 PAGE 7 of 12 SECTION 407 - APPOINTMENTS: All appointments to the Classified Service shall be defined and identified with one of the following: (a) Permanent: A permanent appointment may be made from the appropriate eligible list to any permanent position which is vacant and from which no one is on leave of absence, provided that the employee shall not acquire permanent status in the class until satisfactory completion of the probationary period. A permanent position is one which exceeds six months in duration and for which the work requirements are full time or less than full time for a minimum of twenty (20) hours weekly. Interim: An interim appointment from the appropriate eligible list may be made to a position which is temporary or which has been vacated temporarily. It may also be made to a permanent position pending the addition of sufficient names to complete certification. Appointment to a permanent position must be consistent with Section 402 of these rules. (b) (c) Non -permanent: Non -permanent appointments may be made by the appointing authority with the approval of the City Manager and shall not be subject to Civil Service Rules other than as provided in this Section. A non -permanent appointment shall be designated as one of the following types: (1) Provisional: A provisional appointment for a period of not to exceed 90 days in any 12 month period may be made to a position for which no eligible list is in existence, or when there are fewer than three names to certify. No employee shall serve in the same class for more than 90 days, except that in the event of extreme critical conditions, lit provisional appointment may be extended for an additional 90 day period with the approval of the Civil Service Commission. (2) Seasonal: A seasonal appointment may be made for a specific duration of time, not to exceed six (6) months, on an hourly or monthly basis as determined by the City Manager and shall be covered by the same restrictions as apply to Provisional appointments in the preceding paragraphs. (3) Part-time: A part-time appointment on an hourly basis may be made to a position for which the work requirements average less than twenty hours weekly. Such an appointment may be Seasonal. (4) Emergency: When the necessity of making a short time appointment exists in order to preserve the public peace, health or safety, or to prevent the stoppage of public business, an emergency appointment may be made with the approval of the City Manager for a period not to exceed seven (7) calendar days. The Civil Service Commission shall require all candidates to be fingerprinted prior to a permanent appointment. Appointing authorities may require candidates to be fingerprinted prior to non -permanent or interim appointments to specified positions. CERTIFICATION AND APPOINTMENT RULE IV SECTION 408 DATE July 14, 1987 PAGE 8 of 12 SECTION 408 - PROBATIONARY PERIOD: All persons receiving an appointment, either initial or promotional, to any classification in the Civil Service System shall serve a probationary period of twelve (12) months commencing the first day of service under such appointment. The twelve month probationary period shall apply to all persons except Police Officers who have not completed a California P.O.S.T. approved basic police academy prior to appointment. The probationary period for people in this category shall be eighteen months from the date of appointment. No period of absence exceeding a total of fifteen (15) working days shall be credited toward the completion of the probationary period. At the discretion of the Department Head and with the approval of the City Manager and the Civil Service Commission, a permanent promotional probationary period may be completed in six months. It shall be the duty of the appointing authority, during the probationary period of each employee in the Classified Service, to investigate thoroughly the conduct, capacity, responsibility and integrity of such employee and to determine whether the employee is fully qualified for employment in the class to which he has been appointed. If the conduct, capacity, responsibility or integrity of the probationer is found to be unsatisfactory by the appointing authority, it shall be the duty of the appointing authority to dismiss the probationer from the City service. If, after a thorough investigation during the probationary period, the appointing authority shall find the probationer to be fully qualified for permanent status, he shall so. notify the Personnel Officer on forms prescribed for that purpose. A probationer may be dismissed by the appointing authority at any time within the probationary >.period ^without :a .hearing for the::rights ,-of ::appeal, . ,but ,.unless charges .are filed for cause against such person as provided in these rules, such probationer shall be retained upon the eligible list and shall be eligible for certification to some other department. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the classification from which he was promoted, unless he is disharged for cause in the manner provided in these Rules. CERTIFICATION AND APPOINTMENT RULE IV SECTION 410 DATE July 14, 1987 PAGE 10 of 12 SECTION 410 - CHANGE IN STATUS: Upon request of the appointing authority, the Commission may, by majority vote, change to permanent the status of an employee who has continuously served under an interim appointment for at least six months, provided that such action is compatible with the Civil Service Rules. If the employee has served less than twelve months his status shall be that of a probationary employee. The time served on aninterim basis shall count toward the completion of his probationary period. An interim employee must be separated prior to completion of twelve consecutive months of service or granted permanent status. Consistent with Section 408, this period shall be eighteen consecutive months for Police Officers who have not attended a California P.O.S.T. approved Police Academy prior to appointment. C C CERTIFICATION AND APPOINTMENT RULE IV SECTION 411 DATE July 14, 1987 PAGE 11 of 12 SECTION 411 - TRANSFERS: No employee shall be transfered to a position, either on a temporary or permanent basis, for which he does not possess the minimum qualifications. Transfers shall not be used to effectuate a promotion or demotion each of which may be accomplished only as provided in these rules. The Personnel Officer, with the approval of the City manager, may transfer any employee from one department to another department, in the same or comparable class. For transfer purposes, comparable classes are ones with the same maximum salary or maximum salaries five percent or less different involving the performance of similar duties and requiring substantially the same basic qualifications. Transfers are defined as follows: (1) Interdepartmental Transfers. The transfer of an employee from a position in one department to a position in the same class in another department shall be called an "Interdepartmental Transfer", and may be made upon written request of the appointing authorities concerned or by an employee with the approval of said appointing authorities; provided, however, that whenever the Personnel Officer shall certify that a permanent employee must be transferred from one department or major division to another to avoid an officially approved layoff under the provisions of Rule X, the appointing authority who has a vacancy in said employee's class shall appoint said employee to said vacancy. Except in the event of abolition of the previous position, if, at any time within 60 days from the time of transfer, the services rendered by the employee in the position to which be has -been transferred ire not satisfactory, he .shall be transferred back to his former department. (2) Class Transfer. The transfer of an employee from a position in one class to a position in another class shall be called a "Class Transfer" and may be made under the same conditions as provided for in "Interdepartmental Transfer". (3) Transfer for Temporary Work. Transfers for temporary or emergency work may be made after first obtaining the consent of the City Manager. (4) Transfers for reasons of economy or efficiency. The City Manager may effect the transfer of personnel from one department to another department on either a temporary or permanent basis, for critical financial or operational purposes. No employee may be transferred under the provisions of this section to a position in a class with a lower maximum salary unless such transfer is voluntary on the part of the employee. RULES AND REGULATIONS RULE XII SECTION 1203 DATE July 14, 1987 PAGE 3 of 3 SECTION 1203 - PRECEDENCE AND LIMITATIONS OF THESE RULES The authority for these rules is Section 3.08.030 of the Municipal Code of the City of National City. These rules are subject to all future and current applicable Federal or State laws and regulations. Also, any memorandum of understanding between a recognized employee organization and the City which is approved by the City Council shall take precedence with regard to the affected employees if in direct conflict with these rules and within the scope of bargaining as defined under Government Code Sections 3500-3510 commonly referred to as the Meyers-Milias-Brown Act. If any part of these rules is in conflict with the above provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by a final decision of any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or action and the remainder of these rules shall not be affected.