Chapter 3.52 — CIVIL SERVICE FOR EMPLOYEES

The civil service of the city shall be divided into the unclassified and the classified service.

(a) Unclassified Service. The unclassified service shall include the following officers and
positions:

(1) All elective officers;

(2) City manager and one private secretary to the city manager;

(3) Positions on appointive boards, commissions or committees;

(4) The head of each department and one private secretary to the head of a department,
where applicable;

(5) Assistant department heads;

(6) Chief fire inspector;

(7) Chief building inspector;

(8) City engineer;

(9) Park superintendent

(10) Recreation superintendent

(11) Part-time or volunteer firemen and other fire department employees paid on an hourly
or per diem basis;

(12) Special police officers and other police department employees paid on an hourly or
per diem basis;

(13) Casual or seasonal employees in any office or department of the city. For the purpose
of this chapter, casual or seasonal employees shall have synonymous meaning and
shall be treated alike. Such casual or seasonal employment shall not continue for a
period longer than six months, and no person shall be eligible to serve as a casual or
seasonal employee for more than an aggregate period of six months in any one fiscal
year;

(14) Part-time employees in any office or department of the city. A "part-time employee"
is an employee appointed to a position which requires service of four hours a day or
less;

(15) Hourly or per diem employees in any office or department of the city. An hourly or
per diem employee shall be any person paid on an hourly or per diem basis, employed
in any position, but such service or employment shall in no case exceed nor continue
for a longer period than six months in any one fiscal year;

(16) Emergency employees in any office or department of the city. For the purposes of this
chapter, an "emergency employee" is any person appointed to a position or employment, the necessity for which has been created by reason of riot, insurrection
or other extraordinary emergency. No position shall be created, or employment made,
hereunder until the existence of a state of emergency has been proclaimed pursuant
to chapter 3.36. All such positions and employments shall be for the duration of the
emergency and shall terminate immediately thereafter.

(b) Classified Service. The classified service shall comprise all positions not specifically
included by this section in the unclassified service.

(c) Status on Effective Date of Ordinance Codified Herein. Any person holding a position or
employment included in the classified service who, on the effective date of the ordinance
codified herein, has served continuously in such position, or in some other position
included in the classified service, for a period of 12 months immediately prior to such
effective date, shall automatically continue his or her regular status in the classified service
in the position held on such effective date, and shall continue thereafter to be subject in all
respects to the provisions of the civil service system provided for in this code until his or
her office or position becomes vacant.

(d) Removal of Unclassified Officers and Employees. Any unclassified officer or employee of
the city except the city manager and attorney may be suspended or removed from office or
employment by the officer by whom appointed. Written notice of layoff, suspension or
removal served personally on an officer or employee, or written notice left at or mailed to
his or her usual place of residence, shall be sufficient to effect any such layoff, suspension
or removal, unless the person so notified within five days after such notice demands a
written statement of the reasons therefor and the right to be heard publicly before the officer
by whom such notice was given. Upon such demand the officer making the layoff,
suspension or removal shall deliver to the person notified thereof a written statement of the
reasons therefor and shall fix a time and place for the public hearing. Following the public
hearing, the officer ordering the layoff, suspension or removal shall by a decision in
writing, make such disposition of the case as, in his or her opinion, the good of the service
may require, and such decision shall be final. A copy of the statement of reasons for any
layoff, suspension or removal, a copy of the written reply thereto by the officer or employee
involved, and a copy of the final decision of the officer by whom the layoff, suspension or
removal was made shall be filed as public records in the office of the city clerk.
(1941 Code § 501; Ord. 370 (1941); Ord. 968 § 1, (1972); Ord. 983 §§ 1, 2, (1973); Ord. 1027
§ 2, (1975); Ord. 1049 § 7, (1975); Ord. 1102 §§ 1, 2, (1977); Ord. 1138 § 1, (1978); Ord. 1181
§ 2, (1980); Ord. 1546 § 3, (1996); Ord. 1637 § 37, (2000))

Any person holding a position or employment in the classified service on April 16, 1936, or at the effective date of any subsequently enacted ordinance placing positions or employments under the classified service, who shall have served in such position for a period of at least one year continuously immediately prior to such effective date, shall become a classified service employee without preliminary or working tests, and shall thereafter be subject in all respects to the provision of this chapter. Any other persons holding positions or employment in the classified service shall be regarded as holding such positions or employments as probationers who are serving out probationary periods before their appointments become complete. (1941 Code § 502)

The city council shall formulate and adopt rules and regulations for the administration of the civil service system under the city manager. Any subsequent amendments to said rules and regulations may be adopted by the council after review and recommendation by the city manager. All rules and regulations adopted shall be considered with the provisions of this chapter. Such rules shall provide for the following matters in addition to such other matters as may be necessary and proper in carrying out the intent and purposes of this chapter:

(a) The classification of all persons in the classified service;

(b) The selection, employment, advancement, suspension, demotion, discharge and retirement of all persons in the classified service;

(c) The formulating of minimum standards and qualifications for each of the positions in the classified service. (1941 Code § 503; Ord. 1221 § 2, (1982); Ord. 1841 § 4, (2009))

All appointments to positions or employments in the classified service shall be made by the city manager from the applications on file in accordance with the rules and regulations adopted under the authority of this code. Temporary appointments may be made by the city manager of persons who do not possess the minimum standards or qualifications for office or whose applications have not been filed or who have not been certified on an eligible list as the result of an examination, or in the event those who are eligible are not immediately available. Such temporary appointments shall not continue for a longer period than three months, and no person shall be eligible to serve as a temporary appointee in any one or more positions for more than an aggregate period of three months in any one fiscal year. In the giving of an examination for any positions in the classified service no credit shall be allowed for service rendered under a temporary appointment.

During the exigency of war or a state of emergency, or an existing shortage of manpower, and in the absence of eligible persons on a regularly established list, the city manager may make limited-tenure appointments, through informal noncompetitive tests. Such appointments shall in no event continue more than six months beyond the termination of the exigency, and employees serving under such employment shall acquire no right or privilege to permanent civil service status by reason of such service, or no credit shall be given for service under any temporary appointment. (1941 Code § 506; Ord. 448, (1947); Ord. 502, (1951); Ord. 676, (1958); Ord. 1221 § 4, 1982))

The city council in whom is vested disciplinary or removal power shall be allowed full freedom in its action on such matters, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment for every inhabitant of the city in order that city employees may be selected on a basis of merit, but, in no sense, to handicap or curtail any responsible administrative officer in securing efficient service. All persons holding positions in the classified service shall be subject to suspension without pay for a period of not exceeding 30 days, and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency or failure to perform duties, or to observe the rules and regulations of the department, office or board, but subject to the right of appeal of the aggrieved party to the city council in the manner set forth in the rules and regulations. (1941 Code § 507)

Whenever, in the judgment of the city council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the city council may abolish any position or employment in the classified service as provided by the statutes of the state of California, and discharge the employee holding such position or employment. Should such position or employment or any position involving all or any of the same duties be reinstated or created within two years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position. If the employee whose position is abolished was appointed from an eligible list, he or she shall be returned to his or her original position on the eligible list from which he or she was appointed. (1941 Code § 508)

No officer, agent, clerk or employee of the city shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatever, from anyone on the eligible lists or holding any position under the provisions of this chapter. (1941 Code § 510)