Burbank Municipal Code Art. 5 Civil Service System

Pursuant to the provisions of Section 395 of the Charter of the City of Burbank and the authority therein granted to the Council, there is hereby established a Civil Service System in the City based on merit and fitness, a Civil Service Board (hereinafter called “Board” with powers and duties as herein prescribed, and managed by the Management Services Department. [Formerly numbered Section 2-58; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]

All offices, employments and positions in the service of this City shall constitute the Civil Service System of the City and shall be subject to the provisions of this article, except the following:

A. Elective offices, provided, however, that in the event the people of the City shall, at a general municipal election or special election held for that purpose, elect to change the status of any one or more elective offices of the City to that of appointive offices, then such office or offices shall, at the expiration of the term of office of the incumbent, be thereafter subject in all respects to the provisions of this article, and provided further that the person holding the office at the time of the expiration of said term, providing that they shall have served in such position for a period of at least six (6) months continuously immediately prior to the expiration of said term of office, shall assume regular status in said Civil Service System, without examination or working tests and shall thereafter be subject in all respects to the provisions of this article;

B. Position on appointive boards, commission, committees, and the Burbank Disaster Council;

C. The City Manager;

D. The City Attorney;

E. Such additional officers, employees, or appointments as may be specified by resolution of the Council or in a Memorandum of Understanding approved by the Council. [Formerly numbered Section 2-59; renumbered by Ord. No. 3058, eff. 2/21/87; 3007, 2726, 2678, 2643, 2564, 2547, 2480, 2453, 2427, 2391, 2368, 2311, 2203.]

The Civil Service System shall be managed under the direction of the Management Services Director, or their designee. All references in this code to “Personnel Department” or to “Civil Service Department” shall mean the Management Services Department. [Formerly numbered Section 2-60; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2726.]

A. Composition of Board: The Civil Service Board shall consist of five members.

B. Vacancies on The Board: Vacancies on the Board from whatever cause, shall be filled by appointment by the Council for the unexpired term. Each member of the Board shall serve until their successor is appointed and qualified.

C. Removal of Board Members: A three-fifths vote of all the Council members shall be required to remove any member of the Board from office prior to the expiration of their term of office. [Formerly numbered Section 2-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Board shall determine the order of business for the conduct of its meetings and shall meet regularly if so required by the rules, or on call of the Chairperson or three members of the Board. Three members of the Board shall constitute a quorum for the transaction of business. [Formerly numbered Section 2-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

The powers and duties of the Board shall be:

A. To hold hearings regarding rules to supplement this article and subsequent revisions and amendments thereto and to recommend to the City Manager for submission to the Council such rules as are herein provided for;

B. To act in an advisory capacity to the City Manager and City Council on problems concerning personnel administration;

C. As provided by this article and by any rules, adopted to supplement this article, to hear appeals submitted by any employee hereunder, relative to any situation connected with their employment status or condition of employment; and

D. In any hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance and/or the production of evidence before it by subpoenas issued in the manner and subject to the penalties provided by law. Each member of the Board shall have the power to administer oaths to witnesses. [Formerly numbered Section 2-63; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

The City Manager shall have the responsibility for making effective the purposes of the Civil Service System. They shall:

A. Attend meetings of the Board whenever requested so to do by the Board or Chairperson thereof, but they shall have no vote therein; and

B. Recommend a salary and wage plan to the Council. [Formerly numbered Section 2-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

It shall be the duty of the Employee Relations Administrator to:

A. Attend all meetings of the Board, unless otherwise ordered by the Board but they shall have no vote therein;

B. Prepare personnel rules and revisions and amendments thereof for submission to the Board;

C. Prepare for presentation to the Board a position classification plan, class specifications and revisions thereof;

D. Allocate positions to classes for City Manager action;

E. Make salary surveys;

F. Be custodian of the official records concerning the employment status of all employees;

G. Keep such records as are required by the rules; and

H. Perform such other duties as may be required by the City Manager or Council. [Formerly numbered Section 2-65; renumbered by Ord. No. 3058, eff. 2/21/87; 2726.]

A. Manner of Adoption: The Council shall adopt by resolution rules and amendments to supplement this article after consideration by the Board and City Manager.

B. Scope of Procedural Rules: In addition to such other rules or matters as may be necessary and proper to carry out the intent and purpose of the Civil Service System, rules shall be formulated and adopted establishing specific procedure to govern the following phases of the Civil Service System:

1. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the Civil Service;

2. The formulation of minimum standards and qualifications for each class of position;

3. The public announcement of vacancies and examinations and the acceptance of applications for employment;

4. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;

5. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;

6. The evaluation of employees during the probationary period;

7. The transfer, promotion, demotion, and reinstatement of employees in the Civil Service System;

8. The separation from the service of employees through layoff, suspension, dismissal and for incapacity to perform required duties;

9. The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training; and

10. The maintenance and use of necessary records and forms.

C. Notice: Not less than 14 days prior to recommendation by the Board, all rules and amendments to rules shall be posted in such public place or places as may be designated by the rules, and, concurrently with such posting, copies of the proposed rules or amendments are to be made available on request to any employee at the offices of the Board.

D. Protests: Protests to the adoption or amendment of any rules may be made in writing directly to the Board. All protests must be made within said period of 14 days after posting.

E. Hearing: The Board in its discretion may set any protest for hearing.

F. Effects of Changes Made After Notice: No rule or amendment shall be recommended by the Board in which a substantial change has been made therein after posting without reposting. [Formerly numbered Section 2-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

At all times during which the City of Burbank is eligible to receive reimbursement from the State of California pursuant to Chapter 1 of Title 4, Part 4 of the California Penal Code (section 13522) and as amended from time to time, the City shall adhere to the standards established by the California Commission on Peace Officers Standards and Training (POST) for the recruitment and training of peace officers, public safety dispatchers and any other City personnel eligible for said training. [Formerly numbered Section 2-67; amended by Ord. No. 3192, eff. 5/26/90; 3058.]

A. Order of Eligibility by Classifications: Appointments to vacant positions in the Civil Service System shall be made in accordance with the rules established hereunder and from employment or promotional lists tabulated according to the grade points attained resulting from competitive examination. Eligibility for appointment shall be in this order: reinstatement from layoff followed by all other types of eligibility, including transfer, reinstatement after voluntary separation, promotional examination, and open competitive examination. There shall be no order or priority among transfer, reinstatement after voluntary separation, promotional examination, and open competitive examination.

B. Consideration of Candidates; Priority Lists: Except in the case of persons reinstated after layoff as provided for by Section 2-1-517 of this article, the names of persons willing to accept appointment shall be considered by the City Manager in the order in which they appear on the employment or promotional list, or if appointment is to be made by some other appointing power, then the City Manager shall certify the names to the appointing power in that order. The number of names eligible for consideration for appointment or certification for appointment shall exceed by two the number of vacancies to be filled.

C. Provisional Appointments: In the absence of appropriate employment or promotional lists, a provisional appointment may be made by the appointing power of a person meeting the minimum qualifications for the position, provided, however, that an employment list shall be established for such position within 90 days. The Board may, by a three-fifths vote, extend the time another 90 days.

D. Developmental Assignment: An assignment and/or appointment of an existing employee for a short duration to provide the employee with development/training opportunities. No employee who has received a developmental assignment and/or appointment shall accrue any rights or privileges in the position to which they have been assigned and/or appointed. The City Manager shall provide a quarterly report to the Civil Service Board listing current Developmental Assignments. The report shall contain, at a minimum, the employee’s name, title, department, date of assignment and/or appointment, anticipated length of time of assignment and/or appointment, and a general description of the goals and activities of the assignment and/or appointment.

E. Temporary Appointment: An appointment of short duration when the needs of the department make it necessary to employ additional personnel for a temporary period. No person shall be employed by the City under temporary appointment to one or more positions in the Civil Service System for a total of more than six months in any 12 month period unless approved by the Board. Under no circumstances shall any person temporarily appointed to any position in the Civil Service System accrue any rights or privileges in that position.

F. Temporary Assignments: The placement of an existing employee temporarily into a position usually occupied by another employee who is temporarily unable to perform the duties of the position due to illness, authorized absence, assignment to other duties, or other reasons required or approved by the City. No existing employee shall be temporarily assigned to a position usually occupied by another employee who is temporarily unable to perform the duties of the position for a total of more than six months in any 12 month period unless approved by the Board.

G. Emergency Appointments: In the event of an emergency, or any other circumstance which in the opinion of the City Manager makes it necessary, they may appoint such persons as are required to meet the situation, but such appointments shall not exceed 15 working days.

H. Appointment to Office of Suspended Employee: During the period of suspension of any employee, or pending final action by the Board on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created by such suspension, demotion or dismissal may be filled by the appointing power only by temporary appointment or temporary assignment. [Formerly numbered Section 2- 68; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/1/11.]

Except as otherwise provided in a memorandum of understanding with a recognized employee organization:

A. One Year Probational Period: All original and promotional employments to positions in the Civil Service System shall be for a probationary period of 12 months.

B. Extension of Probation: A probationary appointment may be extended where an employee has been absent during the probationary period for a period in excess of one-half month due to a leave of absence, an extension of not to exceed the period of such leave may be granted by the City Manager. An extension exceeding 90 days shall only be granted where the City Manager finds that extraordinary conditions justify the extension; in such cases, the extension shall be supported by a written report by the department head. The City Manager’s findings shall be forwarded to the Management Services Director or their designee who shall advise the affected employee and their department head of the action taken, giving the reasons for any disapproving action.

C. Termination of Appointment: A probationary appointment may be terminated without cause or right of appeal at any time during the probationary period.

D. Rejection and Reinstatement to Former Position: An employee rejected during the probationary period from a position to which they had been promoted, shall be reinstated to the position from which they were promoted, unless charges are filed and they are discharged as provided in this article and the Civil Service Rules.

E. Displacement by Reinstatement of Another to Their Former Position: Any employee, though they may have attained permanent status and who is displaced as a result of another employee’s being returned to their former position under subsection D of this section or under this subsection, shall likewise be reinstated to their former position. If an employee so affected has permanent status but no former position they shall be placed on the appropriate layoff list. [Formerly numbered Section 2-69; renumbered by Ord. No. 3058; amended by Ord. No. 3176, eff. 12/23/89; 2899, 2767, 2532, 2203.]

Any officer or employee in the Civil Service System, who is promoted or transferred to a position in the service of the City which is not included in the Civil Service System, shall be reinstated to the position from which they were promoted or transferred in the event action is taken to dismiss them, unless:

A. Charges are filed against them and they are discharged in the manner provided in, and the rules established under, this article for positions in the Civil Service System; or

B. Their dismissal occurs six months or more from the date of promotion or transfer, or 18 months thereafter in the case of promotions or transfers to the positions of City Manager, City Manager Pro Tem, or City Attorney; provided, however, that this subsection shall not apply to the position of Secretary to the City Manager. [Formerly numbered Section 2-70; renumbered by Ord. No. 3058, eff. 2/21/87; 2454.]

Any person holding a position or employment in the Civil Service System shall be subject to suspension without pay by the appointing power, but such suspensions shall not exceed a total of 30 days, except for safety members of the Police Department, in any fiscal year; provided, however, any person suspended without pay shall have the right of appeal in the manner provided by this article. Safety members of the Police Department shall be subject to suspension without pay for a maximum of 90 days in any fiscal year.

In lieu of a suspension without pay for 10 days or less, a safety member of the Police Department or the Fire Department, with the concurrence of the appointing power, may elect to work without pay on an equivalent number of one of their two regular days off, or in the case of the Fire Department, may elect to work without pay on an equivalent number of one of their three regular days off, as may be designated by the appointing power; provided, however, that if they so elect, they shall have no right to appeal the disciplinary action nor any right to overtime pay for working on the regular days off so designated. [Formerly numbered Section 2-71; renumbered by Ord. No. 3058, eff. 2/21/87; 2816, 2802, 2439.]

A. Upon Suspension: In the event of a suspension without pay, the suspending authority shall file the reason therefor with the Employee Relations Administrator. The person suspended shall have a right at all times to examine their record. In the event of an appeal the person suspended shall be given a copy of the reason for the suspension.

B. Upon Demotion, Dismissal Or Reduction In Pay: Any employee in the Civil Service System who has been demoted, dismissed or reduced in pay, shall be entitled to receive a written statement of the reasons for such action within three working days upon their request for such statement from the Employee Relations Administrator, to be sent by registered mail by said Administrator, and they shall have 10 working days’ time thereafter within which to answer in writing thereto. A copy of such charges and answer shall be filed with the Employee Relations Administrator. In the event the employee files an answer, a copy of such written charges and of such answer shall be transmitted by the Employee Relations Administrator to the Board. Within 10 working days from the date of filing their answer to the written charges, they may file a written demand with the Employee Relations Administrator for transmission to the said Board requesting a hearing before the Board. The Board shall investigate the case and conduct a hearing as provided by this article and by the rules.

C. Exception: Neither the provisions of this section nor this article shall apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program. [Formerly numbered Section 2-72; renumbered by Ord. No. 3058, eff. 2/21/87; 2726.]

A. Right of Appeal: Any employee in the Civil Service shall have the right to appeal to the Civil Service Board relative to any situation affecting their employment status or conditions of employment, except in instances where the right of appeal is prohibited by this article or the matter has been processed under the provisions of the Meyers-Milias-Brown Act and rules and regulations adopted pursuant thereto.

B. Hearing by Board: Upon the filing of an appeal, the Civil Service Board shall at the first regular meeting following the filing of the appeal by the employee, or at a special meeting called for that purpose, schedule a date or dates for the hearing of the appeal. At the time scheduled for the hearing the Board shall hear evidence for and against the employees. Hearings may be informally conducted and the rules of evidence need not apply. No hearing shall be held without at least a quorum of the Board present.

C. Representation: Any City employee shall be permitted to represent another City employee or group of City employees.

D. Disposition: Within 30 days after the conclusion of the hearing, the Civil Service Board shall certify its findings and recommendations to the City Manager. Upon receipt of the Board’s findings and recommendations, the City Manager shall review the evidence produced at the hearing and may affirm, revoke or modify the disciplinary or other action taken. The City Manager’s decision shall be final and conclusive. [Formerly numbered Section 2-73; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

Whenever in the judgment of the Council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the Civil Service System in the same manner as the title and duties were established by the Council, (as outlined in Section 2-1-601 of this chapter), and the employee holding such position or employment may be laid off effective 30 days after notice in writing without filing written charges and without the right of appeal. The name of such an employee so laid off shall be placed at the top of the appropriate employment list or lists provided by the rules and such employee shall be reappointed should such position or employment or any position involving all or a major portion of the same duties be reinstated or created within two years. [Formerly numbered Section 2-74; renumbered by Ord. No. 3058, eff. 2/21/87; 2388.]

No person in the Civil Service System, or seeking admission thereto, shall be subjected to unlawful discrimination, retaliation, or harassment that is prohibited by Federal and/or State law. [Formerly numbered Section 2-75; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3822, eff. 11/18/11.]

The Council may contract with any competent public or private agency for the performance by such agency of such technical service in connection with the establishment, maintenance or operation of the Civil Service System as may be desired. [Formerly numbered Section 2-77; renumbered by Ord. No. 3058, eff. 2/21/87.]

The Council shall appropriate such funds as are necessary to carry out the provisions of this article. [Formerly numbered Section 2-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

Council may, by resolution, including a Memorandum of Understanding approved by Council resolution, establish different employment terms, conditions, positions, benefits, or procedures than those provided in this article. [Added by Ord. No. 3007; formerly numbered Section 2-78.1; renumbered by Ord. No. 3058, eff. 2/21/87; 3028.]