El Cerrito Municipal Code Ch. 3.10 Civil Service System

Pursuant to the authority granted to the city by the state Government Code a civil service system is created for the city.

(Ord. 92-6 Div. 2 (part), 1992.)

This chapter places all employees of the city under civil service rules and regulations, except:

A. Elective office positions;

B. Positions on appointive boards, commissions and committees;

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

D. Volunteer personnel who receive no regular compensation from the city;

E. The city attorney;

F. The city manager, the assistant city manager, the secretary to the city manager and department heads;

G. Temporary, part-time personnel not designated as regular part-time;

H. Administrative assistants to the city manager;

I. Directors and others nominated by the city manager because of their managerial or professional responsibilities, and approved by council resolution.

(Ord. 92-6 Div. 2 (part), 1992.)

The civil service commission created in Title 2 of this code shall have the following functions:

A. To hear appeals submitted by any person subject to civil service relative to any disciplinary action, dismissal, demotion or alleged violation of this chapter or the personnel rules, and to certify its findings and recommendations;

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

C. To provide advice and counsel to the personnel officer, if called upon;

D. When requested by the council or the city manager, to hold hearings and make recommendations on any matter of personnel administration, within the limits of such request.

(Ord. 92-6 Div. 2 (part), 1992.)

The city manager is the personnel officer of the city. With the approval of the council, the city manager may delegate any of the powers and duties conferred upon the personnel officer to any other employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 3.10.180 of this chapter. The personnel officer shall:

A. Attend all meetings of the civil service commission and serve as its secretary;

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

C. Prepare and recommend to the council revisions and amendments to the personnel rules;

D. Prepare a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the council;

E. Prepare a plan of compensation and revisions thereof, covering all classifications in the civil service. The plan, and any revisions thereof, shall become effective upon approval by the council;

F. Publish or post notices of tests for positions in the civil service; receive applications therefor; conduct and grade tests; and certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the civil service.

(Ord. 92-6 Div. 2 (part), 1992.)

Personnel rules, subject to this code and to revision by the council, shall be adopted by council resolution. They shall govern the following phases of the civil service system:

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

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

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

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

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

F. Evaluation of employees during the probationary period;

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

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

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

J. Provision for orderly and equitable presentations to the city manager and to the council by employees relating to general conditions of employment;

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

(Ord. 92-6 Div. 2 (part), 1992.)

Except as otherwise hereinafter provided, no person convicted of a felony or more than one misdemeanor shall be eligible for employment by the city; provided, however, that the city manager shall disregard such conviction(s) if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, two years since completion of the sentence for the most recent conviction, the age of the person at the time of the most recent conviction, or the fact that the classification applied for is unrelated to any such conviction.

The personnel officer is authorized to have access to the "state summary criminal history information" as provided for in Section 11105 of the Penal Code of the state; in no event, however, shall the personnel officer violate the provisions of Section 432.7 of the state Labor Code by utilizing or noting any record of arrest or detention which did not result in conviction.

(Ord. 92-6 Div. 2 (part), 1992.)

Appointments to vacant positions in the civil service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive test. Appointments shall be made by the city manager.

When appointment is to be made to a vacancy in the civil service, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list.

In the absence of appropriate employment lists, a temporary appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The city manager, with the approval of four-fifths of the council, may extend the period of any temporary appointment to a temporary position for not more than sixty days.

No credit shall be allowed in meeting any qualification, or in the giving of any test, or in the establishment of any employment or promotional lists, for service rendered under a temporary appointment. However, the city shall give appropriate recognition to attendance, punctuality, and performance of assigned tasks during the temporary employment.

During the period of suspension of any employee, or pending final action on proceedings to review suspension, demotion, or dismissal of an employee, the vacancy may be filled by the appointing authority only by temporary appointment.

(Ord. 92-6 Div. 2 (part), 1992.)

The normal probationary period for original appointments is twelve months, except in the police and fire departments which shall have an eighteen month probationary period. The probationary period for promotional appointments shall be twelve months, except in the police and fire departments which shall have an eighteen month probationary period. During the probationary period the employee may be dismissed at any time without right of appeal or hearing.

(Ord. 2001-1 Div. 1, 2001: Ord. 92-6 Div. 2 (part), 1992.)

Any city employee who has held a civil service position, having passed an initial probationary period, has the following rights:

A. An employee who is removed from a non-civil service position to which he or she was appointed, shall revert to the previously held civil service position, or to any equivalent position for which he or she is qualified and has seniority of service.

B. An employee who is dismissed during the probationary period from a position to which he or she has been promoted or transferred shall be reinstated to the position from which he or she was promoted, unless such employee is discharged from the city service as provided in this code and the personnel rules.

(Ord. 92-6 Div. 2 (part), 1992.)

Any person holding a position or employment in the civil service shall be subject to disciplinary suspension without pay by the city manager, but such suspension shall not exceed a total of thirty calendar days in any fiscal year.

(Ord. 92-6 Div. 2 (part), 1992.)

No regular employee in the civil service shall be dismissed except for cause or abolition of the position.

(Ord. 92-6 Div. 2 (part), 1992.)

No demotion, dismissal or reduction in pay shall be effective against any regular employee in the civil service until notice of any such action has been given to the employee in writing. Within ten calendar days after the action taken to demote, dismiss, or reduce the pay of the employee, the employee may file a written appeal with the personnel officer requesting a hearing before the civil service commission.

This section shall not apply to reductions in pay which are a part of a general plan by the council to reduce salaries and wages.

(Ord. 92-6 Div. 2 (part), 1992.)

Any regular employee in the civil service shall have the right to appeal any disciplinary action, alleged violation of this title or the personnel rules, or dismissal, demotion or reduction in pay, to the civil service commission. The appeal is a written demand filed with the personnel officer within ten calendar days after service of notice to the employee of the action taken by the city, unless the right of appeal is prohibited by this code. The civil service commission shall make such investigation as it deems necessary. The commission shall hold a hearing within twenty calendar days after the appeal was filed. Hearings may be informally conducted and the rules of evidence need not apply.

Within ten calendar days after concluding the hearing, the civil service commission shall certify its findings and recommendations to the council, the city manager, and to the employee affected. The council, acting as a review board, shall review the findings and recommendations of the civil service commission and the city manager, and shall then affirm, revoke, or modify the action taken, as in its judgment seems warranted, and the action taken by the council shall be final. Unless the employee and the council otherwise agree, the council's action shall be taken within thirty calendar days after the civil service commission certifies its findings. If the council fails to act, the employee's appeal is upheld.

(Ord. 92-6 Div. 2 (part), 1992.)

Whenever the council decides it is necessary, the council may abolish any position or employment in the civil service and lay off, demote, or transfer the employee holding such position or employment without filing written charges and without the right of appeal. If within two years an appointment is to be made to any position having the same or substantially similar qualifications and duties as the position abolished, the employee laid off, demoted or transferred shall have the right to such appointment, unless he shall file a waiver in writing with the personnel officer; or, if laid off, he shall fail to report to the personnel officer within twenty calendar days after notice is mailed to his last known address.

(Ord. 92-6 Div. 2 (part), 1992.)

A. Employees of the city shall be governed by state law regarding political activity and solicitation of contributions. Violation of such law is grounds for disciplinary action against the offending employee.

B. The following are prohibited:

1. Engagement in political activities by employees during working hours;

2. Political activities on or in any portion of city property not generally available to the public.

(Ord. 92-6 Div. 2 (part), 1992.)

No person in the civil service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of political opinions or affiliations, or because of race, gender, age, disability, marital status, religious belief or national origin.

(Ord. 92-6 Div. 2 (part), 1992.)

City employees are protected from political solicitation or misuse of influence by state Government Code Sections 3204 and 3205. Any solicitation of employees or misuse of influence upon employees shall be a misdemeanor.

(Ord. 92-6 Div. 2 (part), 1992.)

The council may contract for the performance of technical services in connection with the establishment or operation of the civil service system.

(Ord. 92-6 Div. 2 (part), 1992.)

The council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Ord. 92-6 Div. 2 (part), 1992.)