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HomeMy WebLinkAboutCC RESO 2009-239RESOLUTION NO. 2009 — 239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RULES I, II, AND IV OF THE CIVIL SERVICE RULES FOR THE ESTABLISHMENT OF A CAREER ADVANCEMENT PROGRAM WHEREAS, in order to expand the pool of qualified applicants for employment with the City, the City Council recently created two new entry level classifications; to wit, Accountant Trainee and Management Analyst Trainee, both of which classifications limit the minimum requirements for employment with the City to a four year degree or relevant administrative experience, thus creating professional level employment opportunities within the City for recent college graduates and those with less than journey -level experience; and WHEREAS, when creating entry-level classifications, it is desirable to establish promotional opportunities for employees as they gain more knowledge, skills, and abilities in their jobs. In order to provide for such promotional opportunities, staff has proposed that Rules I, II, and IV of the Civil Service Rules be amended to establish a Career Advancement Program, under which employees could advance within the series in which they serve without going through a competitive process, once they have demonstrated sufficient proficiency and competence at their current level in their series. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the amendment of Rules I, II, and IV of the Civil Service Rules, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 6th day of October, 20 9. on Morrison, M ATTEST: c ael R. Dalla, it Cl erk y APPROVED AS TO FORM: George H: Eiser, III City Attorney EXHIBIT A City Of National City CIVIL SERVICE RULES RULE I DEFINITIONS OF TERMS SECTION 101— GENERAL TERMS: Whenever used, the masculine noun or pronoun shall include the feminine. The singular shall include the plural, and the plural the singular. The word "shall"will be construed as mandatory, and the word "may" as permissive or discretionary. The present tense includes the past and future tenses; and the future, the present. Unless the context requires otherwise, the terms used in these rules shall be defined as set forth in Section 102 of Rule I. (11/21/72) SECTION 102 — SPECIFIC TERMS: ACTIVE SERVICE - shall mean actual time worked, other paid time, leaves of absence without pay not to exceed fourteen (14) calendar days annually and leaves of absence without pay not to exceed one (1) 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. ANNIVERSARY DATE — shall mean the date that the employee completes twelve (12) calendar months of service from the date of appointment. 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 a request for hearing of a disciplinary action submitted to the Commission by the affected employee or his/her representative. 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. -1- Rule I — Definition of Terms Page 2 APPOINTMENT — shall mean the offer to and acceptance by a person of a position either on a career, non -career or conditional basis. CALENDER YEAR — shall mean a twelve (12) month period beginning January 1 and ending December 31. CAREER ADVANCEMENT — shall mean a position classified at or below journey level in a classification series and may be underfilled at any of the lower level classes in the same series. CAREER POSITION — shall mean a specific office, whether occupied or vacant carrying responsibilities and calling for the performance of certain duties by one individual on a regular full-time basis. This position shall be included in the classified service and generally is expected to continue into successive budget years. CAREER STATUS — shall mean the condition of an employee who has been appointed to a regular career position and has successfully completed the required probationary period and has achieved career status. The term "career" is analogous with the term "permanent" for the purpose of these rules except that it does not imply a guaranteed term, but rather is expected to continue for an indefinite period within a given classification, not a specific position. CIVIL SERVICE RULES — mean rules adopted by the Civil Service Commission and approved by the Council. The term is synonymous with "Personnel Rules" referred to in these rules and the municipal code. The Civil Service Rules are the official rules of the City and shall take precedence over any other conflicting rules, policies or practices not specifically approved by the City Council. (10/03/95) 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. 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. CLASSIFIED SERVICE — shall mean all regular career positions, within the City's authority to appoint as defined by these rules, except those positions specifically excluded by the City of National City Ordinance No. 1076. Positions in the classified service are subject to the rules and regulations of the Civil Service Commission. This term is interchangeable with the term "competitive service" and "civil service". Rule I — Definition of Terms Page 3 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 rated of pay to each class title. COMPENSATORY LEAVE — shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE — shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a career basis, or to the continuation of employment from non -career to a career, without any break in service. DEMOTION — shall mean the involuntary reduction in classification of an employee for purposes of discipline from one position to another position having a lower maximum salary rate. DEPARMENT — shall mean an organizational unit of the City charged with specific functions under the direction of a management official known as department director and recognized as such in the official budgetary document. DISMISSAL — shall mean separation from the City Service for disciplinary purposes pursuant to Civil Service rules and regulations. DOWNGRADE — shall mean the voluntary reduction in classification of an employee to a lower classification and salary rate in order to accommodate the employee's wishes or to avoid lay-off. ELIGIBLE LIST — shall mean the listing of candidates who have satisfied all Civil Service, legal and administrative requirements for entry, re-entry, transfer or promotion in the Classified Service pursuant to these rules. FAMILY — shall mean those relations living in the employee's household or grandparents, parents, siblings, and children of employee and his/her spouse, either by blood or marriage. Rule I — Definition of Terms Page 4 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. NON -CAREER STATUS — shall mean the condition of employee appointed to any position not included in career service. Employees in this status are considered as temporary by nature and outside the scope of these rules except as specifically cited in these rules. A person hired into non -career status from an eligible list shall maintain that eligibility for the entire period of non -career employment or the term of the eligibility list whichever is longer. PERSONNEL DIRECTOR — shall mean the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to direct and administer the activities of the Personnel Department and to generally administer the employment policies of the City and the Civil Service Commission. May also be referred to as the Personnel Officer. POSITION — shall mean any specific office within a given classification, 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 — shall mean the working test period during which is an extension of the examination where the appointee is required to demonstrate fitness for the position by actual performance of duties and responsibilities assigned prior to earning career status. PROBATIONARY STATUS — shall mean the condition wherein an employee must successfully complete a trial period in order to achieve career status in a position with rights and obligations under these rules. There is a distinction between the initial probation into career status and promotional probation, where the employee retains certain rights under these rules. Appointees in the initial probationary period may be released without right off appeal for failure to meet departmental expectations. Appointees in the promotional probationary period may be released without right to appeal for this reason, but have the right to return to their former position. 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 (5) percent higher than that of the previous class. Rule I — Definition of Terms Page 5 PROVISIONAL APPOINTMENT — shall mean the temporary appointment of a candidate who possesses the minimum qualifications for a particular classification for which there is no valid eligible list available. RE-EMPLOYMENT — shall mean the appointment without further examination of a former career status employee who resigned without prejudice and in good standing and has been approved for re-entry into the classified service. RESIGNATION — shall mean the voluntary separation of an employee from City position with or without prejudice for re-employment. RULES — shall mean the Civil Service Rules adopted by the Civil Service Commission and approved by the City Council. SALARY RANGE OR BAND — shall mean the established minimum and maximum compensation allotted by the Council for that particular classification, which may include regular or irregular intervals for periodic advancement. SENIORITY - shall mean the length of continuous paid full-time service since initial probationary appointment to a career position funded solely by the City where service time in the current classification, then service time in the current department, and then service with the City in that order of priority determines seniority for purpose of lay-off, longevity and benefits. Unauthorized breaks in service, such as resignation without re- employment within thirty (30) calendar days, shall negate all previously earned seniority. Authorized leaves of absence without pay in excess of thirty (30) calendar days and layoffs shall not accrue additional seniority, however, previously earned seniority will be restored upon return to work. (10/03/95) SUSPENSION — shall mean an involuntary temporary leave of absence without pay for disciplinary purpose. TEMPORARY STATUS — shall mean the condition of an employee appointed to a position of a non -career nature for a limited time and without the rights provided in these rules. (07/01/92) City Of National City CIVIL SERVICE RULES RULE II CLASSIFICATION OF POSITIONS 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.S. citizenship or possession of a work permit from 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 request 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. (07/21/87) -6- Rule II — Classification of Positions Page 7 SECTION 202 — BASIS FOR CLASSES OF POSITIONS: All positions in the Classified Service shall be grouped into classes and each class shall include those positions sufficiently similar in respect to their duties and responsibilities so that similar requirements as to training experience, knowledge, skills, personal qualities and the same salary range may be made to apply with equity to all positions in the same class. Factors to be considered in the establishment of classes shall include the kind of duties to be performed, the degree of difficulty and complexity of duties to be performed, the level of proficiency required, the degree of responsibility of the position and the corresponding fundamental qualifications such as skills, knowledge and abilities required to perform the work. (11/21/72) 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 (2) 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 (2) or more part-time positions. B. The Personnel Director 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/her 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 perform the work. Rule II — Classification of Positions Page 8 C. The personal qualifications, ability or performance of an employee occupying a position shall not be a criterion for reallocating his/her 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 (5) percent higher in maximum salary, the incumbent shall have the same status permanent or probationary in the new class that he/she had in the old. (2) If the position is reallocated to a class more than five (5) percent higher in maximum salary than his/her current class, he/she 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/she has occupied the position for at least one (1) year immediately prior to the effective date of reallocation, the Commission may promote the employee without competitive examination or a new probationary period. (03/14/91) (3) If the position is reallocated to a classification in a salary range with a maximum step lower than that of the previous class, then the status of the employee shall be determined by lay-off and demotion provisions of Sections 503, 1006, 1007, and 1008 of these rules. (07/21/87) SECTION 204 — CLASS TITLES: Official class titles approved by the Commission are to be used in all personnel, accounting, budget and financial records. No person will be appointed to or employed in a position in the Classified Service under a title not included in the Classification Plan. Class titles shall be similar to ordinary occupational titles in private employment as nearly as possible. Nomenclature in the titles shall be descriptive of level, grade and relationship of one class to another. Other job or working titles may be used in the course of departmental routine to indicate authority, status in the organization or administrative rank. (11/21/72) Rule II — Classification of Positions Page 9 SECTION 205 — ADMINISTRATION OF THE CLASSIFICATION PLAN: The Commission shall periodically review the duties and responsibilities of all positions in order to assure proper allocation of positions to classes. The Commission shall also review the specifications for any class or allocation of any position on request of the incumbent, the appointing officer, the City Manager or other responsible official. (11 /21 /72) SECTION 206 — CAREER ADVANCEMENT: In an effort to provide for the recruitment, advancement and retention of capable employees, it shall be the policy of the Civil Service Commission to provide for appropriate classifications to implement "career advancement" training programs. Through the career advancement program, when vacancies occur at or below journey - level in a career advancable series, the Personnel Director shall have the authority to recruit and underfill the position at any of the lower level classes within the series. Upon gaining the experience and skills required for advancement, an incumbent underfilling a position shall become eligible for promotion to the higher levels in the series in sucession until reaching the classified level of the position. The career advancement program and applicable procedures will apply only to recognized career advancement classifications listed in the Addendum to this section of the Civil Service Rules. Rule II — Classification of Positions Page 9A ADDENDUM TO CIVIL SERVICE RULE II SECTION 206 — CAREER ADVANCEMENT CAREER ADVANCABLE SERIES ENTRY LEVEL CLASSIFICATION PROMOTIONAL OPPORTUNITY FISCAL: Accountant Trainee Accountant INSPECTION: Code Conformance Officer I Code Conformance Officer II MANAGEMENT: Management Analyst Trainee Management Analyst I/II City of National City CIVIL SERVICE RULES RULE IV CERTIFICATION AND APPOINMENT SECTION 401— REQUIREMENTS FOR APPOINMENTS: Unless specific approval is granted by the City Manager, no employee may commence employment until the Personnel Director signs the certification document indicating that all requirements of these Rules and other legal requirements have been met. (07/01/92) SECTION 402 — CERTIFICATION PROCEDURES: Certification is the process by which available candidates on eligibility lists are referred by the Personnel Office to the department for hiring consideration to career classified positions. The department director shall submit a written request for certification which shall contain all information necessary for the proper and prompt filling of vacancies. Upon receipt of a written request for certification, the Personnel Director shall ascertain the availability of employable persons from all appropriate lists and shall certify the top five (5) individuals by priority and score. Names shall be certified in rank order without score. Actual test scores are confidential and shall not be provided in the certification list to the department unless specifically so authorized by the Civil Service Commission. Prior to the recruitment of any classification, the maximum or minimum number to be certified may be modified by the Civil Service Commission for individual classifications based on equal opportunity and other administrative considerations. (a) Certification from Eligible List: In the event that there are fewer than five (5) persons from all lists available for certification, the Personnel Director may certify fewer than five (5) persons, provided that the department director may reject its use. All eligibles with identical final scores to the last candidate to be certified shall be certified regardless of the maximum number stated for that certification. Two (2) additional names will be certified for each additional vacancy. The certified list shall be valid for sixty (60) days from the date of issuance. (b) When No Eligible List Exists: Whenever an eligibility list does not exist for a particular classification, eligible candidates may be certified from a comparable classification list determined to be similar in requirements and duties. (11/12/91) -24- Rule IV — Certification And Appointment Page 25 SECTION 402.1 — LIMITED CERTIFICATION: Candidates on eligible lists for certain classification may be selectively certified to a specific position in that classification based on bona fide occupational qualifications, such as working schedules and conditions, specific talents, or other reasons as may be determined appropriate by the Personnel Director, based on written justification by the hiring department. (11/21/91) SECTION 403 — NOTIFYING ELIGIBLES OF CERTIFICATION: Whenever the name of an eligible is certified to an appointing authority, candidates shall be notified by sending notice to the address as it appears on the application, stating the fact of certification, the title of the position, the compensation schedule applying to the class, the organizational 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/she will be considered as having declined the position in which the vacancy exits. (07/21/87) SECTION 404 — WAIVER OF CERTIFICATION: Any candidate may request not to certify his/her name for a specified period of time or waive certification of his/her name for employment consideration for any particular vacancy by submitting a written request to the Personnel Director containing the reasons for such waiver before the scheduled certification process. Candidates may waive certification only once and thereafter be removed from said eligibility list if candidate again waives or refuses interviews and/or appointments. (11/12/91) SECTION 405 — ACCEPTANCE OF POSITIONS IN LOWER CLASS: An eligible candidate on an eligible list may, with the approval of the Personnel Director, accept certification to a class of position lower than that for which he/she 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/her rights to be certified to the class of position for which he/she was originally examined. (07/01/92) SECTION 406 — OBJECTION AND SUBSTITUTION: An appointing authority may object to certification of an eligible candidate by setting forth his/her objections in writing and presenting them to the Personnel Director. If the Personnel Director approves the objection to certification as being reasonable and in accord with the merit principle, he/she shall withdraw certification of the eligible candidate. The next highest name on the eligible list shall be certified. (07/01/92) Rule IV — Certification And Appointment Page 26 SECTION 407 — DEPARTMENTAL SELECTION PROCESS: All vacancies in the classified service shall be filled from eligibles certified by the Personnel Director. Upon receipt of a certified list, the department director, or on request, the Personnel Department shall notify each candidate in writing of the date, time, place and method of the selection process. The department director shall be responsible for conducting the selection consistent with merit principles and equal opportunity, shall report the results of the selection process to the Personnel Office. No offer of classified employment or promotion is final or official until such recommended appointment has written approval by the Personnel Director and the City Manager. However, the department director may offer a conditional appointment, subject to additional investigations and final approvals, so as to initiate the process. (11/12/91) SECTION 407.1 — TYPES OF INITIAL APPOINTMENTS: The following are the types of appointments for entry into the classified service: A. CAREER APPOINTMENTS: An appointment shall be deemed a classified career appointment, when the position is ongoing and is subject to the conditions of probation, and thereafter subject to removal only by the procedures established by these rules. The categories of career appointments are: 1. Regular/Career Appointments. Appointment to a classification which has been established and funded by action of the Mayor and Council as a regular/career, full time position and is expected to continue in successive budget years. 2. Part-Time/Career Appointment. Appointment to a classification which has been established and funded by action of the Mayor and Council and is expected to continue in successive budget years, but normally requires less than thirty (30) hours of work per week average over the fiscal year. 3. Limited Term/Career Appointment. An appointment to a classification which has been funded for a specific period, except appointments to fire safety classifications on the operational staff which may not exceed six (6) consecutive months, for a special project, grant, or program where there is a clear understanding in writing that rights to employment are contingent upon availability of funds or continuation of the program. Employees appointed to these positions, after more than one (1) year of full-time work, shall have the same Civil Service rights afforded to other career employees except permanency under layoff procedures, in the event the program, project, or grant is discontinued or reduced. (03/19/98) Rule IV — Certification And Appointments Page 27 B. NON -CAREER APPOINTMENTS: An appointment to a non -career position shall be made as prescribed by the Civil Service Commission. An appointment shall be deemed non -career and, therefore, have no appeal rights under Civil Service Rules when it is defined by one of the following categories: 1. On -Call Appointment. An appointment to a position requiring the employee to be available for work but assigned to duty only when there is a need for his/her service such as when an incumbent is absent from duty. An employee may remain in this status for a period of twenty-four (24) consecutive calendar months from initial appointment and may not be reappointed to this status for a period of two (2) years form the termination of employment. 2. Temporary Appointment. An appointment to a position determined to be of a specific continuous duration not to exceeding the full-time equivalent of six (6) months in any fiscal year based on emergency situations, seasonal work, unusual work load demands, special short-term programs or other like reasons. Appointees to these positions, except those appointees to fire safety positions on the operational staff, may be extended on the approval of the Personnel Director and subsequent ratification by the Commission at their next meeting. Employees serving a temporary status, except those employees in fire safety positions on the operational staff, may be re -appointed from time to time after breaks in service of at least 30 days for additional periods. (03/19/98) 3. Part -Time Appointment. An appointment to a position where the work schedule calls for less than an average of thirty (30) hours per week and is limited to a maximum of twelve (12) months continuous service. Appointees to these positions may be reappointed to the same classification from time to time without additional testing. 4. Intern Appointment. An appointment to a position where the primary purpose is to provide training and work experience to students currently enrolled, continuing, or have recently completed high school, college, or a recognized formal training program. Appointees are limited to twelve (12) months duration and are discretionary by Department Directors. One-time appointments may be made by notice to and approval from the Personnel Director. Rule IV — Certification And Appointment Page 28 5. Crossing Guard Appointment. An appointment to a part-time position which provides school crossing safety services during the school term. Crossing Guards may be terminated and reappointed from time to time at the discretion of the department director and approval of the Personnel Director. (11/12/91) SECTION 407.2 — PROMOTIONAL APPOINTMENTS: Vacant positions in the classified service above the lowest rank in any classification series shall be filled as far as practicable by the promotion of the City employees in the classified service. In each case, the Personnel Director shall determine whether a promotional recruitment will best serve the interests of the service in providing sufficient well -qualified candidates and ensuring merit principles. Whenever such promotional examination is to be held, notice of the examination shall be published and posted in prominent locations at appropriate work sites. Promotional appointments will be limited to career employees in the classified service who have successfully completed an initial probationary period and possess the minimum requirements for that position by the established filing deadline. (11/12/91) SECTION 407.3 — PROVISIONAL APPOINTMENTS: When a vacancy exists and I the absence of an appropriate eligible list, the Personnel Director may approve the provisional appointment of a person who meets all minimum qualifications pending establishment of an eligible list. Provisional appointments shall be limited to initial appointment to vacant classified positions with the City and not to effect a promotion of current employees. In no case shall provisional appointments exceed one hundred eighty (180) calendar days nor exceed thirty (30) calendar days after the establishment of the eligible list whichever occurs first, unless extended by the Civil Service Commission. Provisional appointments are temporary in nature and employees in this status gain no rights, seniority, or preference from the provisional status. Immediate recruitment and testing shall be initiated to establish an eligible list upon notice of such appointment. (11/12/91). SECTION 407.4 — EMERGENCY APPOINTMENT: Notwithstanding any other provision of these rules, the department directors may employ such persons as may be needed to meet an emergency created by an extraordinary occurrence which threatens life or property. Such appointments may not exceed fifteen (15) working days and shall be reported to the Personnel Director as soon as the emergency conditions permit. (11/12/91) Rule IV — Certification And Appointment Page 29 SECTION 407.5 — ACTING ASSIGNMENTS: Upon approval of the City Manager and the Personnel Director, department directors may assign, for a period not to exceed ninety (90) calendar days, any employee in their department to a position in a higher classification or rank during the absence of the incumbent thereof of during a vacancy in the position. The department director shall assign a person from the names of those persons certified from an appropriate eligible list, provided that at the time of the initial assignment such a list exist for the position to which the assignment is made; provided further that such requirement may be waived by the Personnel Director for a good cause when there is evidence that it would cause hardship or danger to, or inefficiency in departmental operations or performance of duties. Such assignment may be extended by the Personnel Director for additional periods of ninety (90) calendar days as necessary. Each acting assignment shall terminate upon a promotion, appointment or return of the incumbent to the position. The person assigned to the acting higher position shall not acquire any advantage or right by reason of the assignment, except as hereinbefore set forth. (11 /21 /91) SECTION 407.6 — RECLASSIFICATION: When department director believes that a classified position under his or her jurisdiction may be improperly classified, or that the duties and responsibilities have changed significantly, he/she may request a classification study under the supervision of the Personnel Director of that position. An employee, through his/her group representative, may request in writing to the Personnel Director that a classification study should be conducted when the Department Director fails to act or disagrees with the employee's contention that he/she is working at a higher classification. The request must clearly state all relevant facts for that contention. When a position in the classified service is reclassified, the incumbent of that position shall be also reclassified provided he or she meets the minimum qualifications required of that classification and provided that the Civil Service Commission approves the action. However, if it is found the intent of the reclassification request is to bypass merit principles and normal procedures for promotion or demotion, the reclassification of the incumbent shall not be approved by the Civil Service Commission. SECTION 407.7 — TITLE CHANGE ONLY: The title of any position or classification may be changed by the Civil Service Commission by recommendation from the Personnel Director provided there is no significant change in the nature of duties, pay or status for a classified incumbent. (11/12/91) Rule IV — Certification And Appointment Page 30 SECTION 407.8 — LATERAL ENTRY: The Civil Service Commission may designate certain entry-level classifications for entry into the classified service without competitive testing. For classifications designated for Lateral Entry, the department director shall submit to the Personnel Director a recommendation to hire a candidate along with that candidate's application. The Personnel Director shall ensure that the candidate meets minimum qualifications and any other conditions that the Civil Service Commission may impose, and certify that candidate for appointment at the top of the open eligible list. Lateral Entry candidates may remain on the eligible list for a maximum of ninety (90) calendar days. (11 /21 /91) 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 (12) 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 (18) 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 probationary period may be completed in six (6) months for promotional candidates or employees having over 12 months previous experience with the City in that classification. (03/19/98) 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/she 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 release the probationer from 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 or she shall so notify the Personnel Director on forms prescribed for that purpose. Time served in a non - career status may be counted toward the completion of a career probationary period upon approval of the Commission. Rule IV — Certification And Appointment Page 31 An initial probationer may be released by the appointing authority at any time within the probationary period without a hearing or the right of appeal. Any employee released during the probationary period following a promotional appointment shall be returned to the classification from which he/she was promoted, unless he/she is discharged for cause in the manner provided in these Rules. (07/01/92) SECTION 409 — PERMANENT STATUS: DELETED (11/12/91) SECTION 410 — CHANGE IN STATUS: Upon request of the appointing authority, the Personnel Director may approve a change form non -career status to career status when the employee has continuously served competently in the non -career for the full-time equivalent of six (6) months and when appointment to the non -career status was from an appropriate eligible list. The time served in non -career status may be credited toward the completion of the probationary period. A person hired into non -career status from an eligible list maintains that eligibility for the entire period at non -career employment or the term of eligibility whichever is longer. (07/01/92) SECTION 411 — TRANSFERS: No employee shall be transferred to a position, either on a temporary or permanent basis, for which he/she 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 Director, 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 (5) percent or less different involving the performance of similar duties and requiring substantially the same basic qualifications. Rule IV — Certification And Appointment Page 32 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 or comparable class in another department shall be called an "Interdepartmental Transfer", and may be made upon written request of the prospective appointing authority or by an employee with the approval of the prospective appointing authority or by an employee with the approval of the prospective appointing authority; provided, however, that whenever the Personnel Director certifies that a career employee must be transferred from one department 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. The transfer is considered voluntary when requested by the employee. The employee's name will be placed on a transfer list by the Personnel Director if that employee meets minimum qualifications. A transferred employee has not right to reinstatement to the previous position once that position is filled on a career basis. The transfer is considered involuntary or forced when ordered by the City Council due to transfer of function or reorganization and may be made by the department director from which the employee is being transferred without consent of the employee, provided there is no substantial change in duties of the position or pay status. No probationary period will be required for such involuntary transfers. (07/01/92) 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. Transfer for Reasons of Economy or Efficiency. The City Manager may effect the transfer of personnel from one department to another departments on either a temporary or permanent basis, for critical financial or operational purposes. Rule IV — Certification And Appointment Page 33 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. (07/21/87) SECTION 412 — DOWNGRADE: Upon the approval of the City Manager, the appointing authority may downgrade an employee at the employee's request or in the event of lay-off: (a) If employees having regular career status are downgraded through no fault of their own, they shall have their names placed on the recall list for the higher class. (b) Upon request of the employee and with the consent of the prospective appointing authority, a downgrade may be made to a vacant position. Such downgrade request must be made in writing and shall be considered voluntary and non -disciplinary in nature. No employees shall be downgraded to positions for which they do not possess the minimum qualifications. Written notice of the downgrade shall be given to the employees at least three (3) days before the effective date of the downgrade, and a copy filed with the Personnel Office. (07/01/92) SECTION 413.1 — CAREER ADVANCEMENT APPOINTMENTS: The Personnel Director, with the approval of the City Manager, shall establish and maintain a list of recognized career advancement classes for the guidance and direction of departments and employees. As vacancies occur within a career advancement series, eligible candidates may be certified for any list within the series that is at or below the classification of the vacancy. (a) When an employee underfills a career advancement position, no vacancy exists for the higher level class(es) in that series for that specific position. (b) When an employee underfills a career advancement position, advancement to higher levels in the career series (up to position's classified level) shall be based on his/her development of knowledge, skills, and abilities required for the higher class and job performance in the current class. (c) Vacant positions in a career advancement series will be filled through the competitive examination process or other means. Rule IV — Classification And Appointment Page 33A (d) Appointments made in accordance with career advancement provisions are not acting assignments and employees are not eligible for extra compensation. 413.2 — CAREER ADVANCEMENT PROMOTION: 1. Eligibility. An employee underfilling a career advancement position may be eligible for promotion to a higher level class in the same series, up to but not higher than the level at which the position is properly classified upon meeting the following conditions: (a) Present employment in a position which is properly classified at a higher level in the career advancement series and in a class of that series. (b) At least six months of continuous City service immediately preceding the application date. (c) Completion of the minimum qualifications for the class, as indicated in the job announcement. (d) Satisfactory (or higher) performance in the currently held classification. (e) Recommendation by the appropriate Department Head indicating the incumbent's job performance reflects the development of the knowledge, skills, and abilities needed for advancement to the more difficult and complex duties of the higher class. 2. Career Advancement Examination. Incumbents may apply for career advancement at or after such time as they have met the requirements of the higher class. A noticed application filing period is not required for purposes of career advancement promotions. Eligibles will be evaluated and certified in accordance with the provisions contained herein. No positions which are vacant will be filled from a career advancement eligible list. (a) The employee shall complete a Career Advancement Application. Copies of licenses, certificates, etc. required for the higher class should be attached. Rule IV — Classification And Appointment Page 33B (b) The completed application must be submitted directly to the incumbent's Department Director who will complete the appointing authority section of the application after reviewing the incumbent's job performance, development, and readiness for promotion to the higher class. If the incumbent is not recommended for promotion specific job related reasons for the recommendation must be noted on the form before it is forwarded to the Personnel Director. If the Department Director recommends that the incumbent be eligible for career advancement promotion, the "Request for Certification" section for the Career Advancement Application form should be completed. (c) The incumbent's application shall then be forwarded to the Personnel Director regardless of whatever the department recommendation is for or against career advancement. (d) The Personnel Director will review the application to verify that the incumbent has met all of the career advancement eligibility requirements for the higher class. (e) If the incumbent meets all career advancement eligibility requirements, he/she shall be placed on the eligible list and immediately certified to the appropriate department. The effective date of the career advancement will be within ten (10) working days of the date on which the employee signs and dates the application and has met all of the eligibility requirements. (f) Employees will be notified of their career advancement eligibility by the Personnel Department. An incumbent not meeting the eligibility requirements shall have a right of appeal to the Civil Service Commission; provided, however, that any appeal on the basis of failure to gain the recommendation of the Department Director shall be limited to whether or not the Department Director followed the procedure provided for in this Civil Service Rule Section in making a recommendation. Passed and adopted by the Council of the City of National City, California, on October 6, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i1 City C erk of the City of Klational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-239 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2009. City Clerk of the City of National City, California By: Deputy