Fresno Municipal Code Art. 2 Civil Service Regulations

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in Section 3-202 shall govern the construction, meaning and application of words and phrases used in this article and, except to the extent that a particular word or phrase is otherwise specifically defined in Section 3-202, the definitions and provisions contained in Article 2 of Chapter 1 and Article 1 of Chapter 3 of this Code shall govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. (Rep. and Added Ord. 5313, 1958; Rep. and Added Ord. 6128, 1962; Am. Ord. 71-128, 1972; Am. Ord. 73-116, § 7, eff. 9-2-73; Am. Ord. 76-90, § 1, eff. 10-24-76; Am. Ord. 82-99, § 1, eff. 10-15-82).

(a) (1) "Applicant" shall mean a person who has made application to take a Civil Service examination.

(2) "Appointing Officer," "Appointing power" or "Appointing authority" shall mean the officer, council, board or body having power of appointment or removal from any position in the city service.

(b) "Board" shall mean the Civil Service Board of the City of Fresno.

(c) (1) "Calendar Year" shall mean a twelve-month period beginning January 1 and ending December 31.

(2) "Candidate" shall mean a person whose application has been accepted and who competes in an examination.

(3) "Charter" shall mean the Charter of the City of Fresno, California, and amendments thereto.

(4) "City Physician" shall mean the City Physician of the city or any physician for whom the city has paid for furnishing medical services.

(5) "City service" shall mean service rendered as an employee of the city for compensation.

(6) "Class" or "class of positions" shall mean a group of positions in the city service sufficiently alike in functions, duties and responsibilities that the same general title can be applied, the same specifications will serve and the same standards of selection can be used.

(7) "Classification" shall mean the official act of the Director by which the class of a position is determined.

(8) "Classified service" shall mean and include all positions in the city service not specifically included in the unclassified service.

(9) "Class specification" shall mean the written description of a class containing its title, statements of duties, functions, authority and responsibility, knowledge and abilities, and other qualifications required for appointment.

(d) "Director" or "Personnel Director" shall mean the Director of the Personnel Department.

(e) (1) "Eligible" shall mean a person who has qualified for a permanent position in the classified service or to an intermittent position and whose name is on an eligible list for appointment.

(2) "Eligible list" shall mean a list of candidates qualified by competitive examination for entry into city service.

(3) "Emergency appointment" shall mean an appointment made during an actual emergency to prevent the stoppage of public business.

(4) "Emergency employee" shall mean an employee holding a position under emergency appointment.

(5) "Employee" shall mean any person legally holding a position in the city service.

(f) Reserved.

(g) Reserved.

(h) Reserved.

(i) (1) "Intermittent employee" shall mean an employee who may work a normal work day or fraction thereof and such work is done at irregular intervals or without set pattern.

(2) "Intermittent position" shall mean a position created as needed to perform work of a seasonal, irregular or short-term duration.

(j) Reserved.

(k) Reserved.

(l) "Limited position" shall mean a position created for a specified purpose and for a specified period of time.

(m) Reserved.

(n) Reserved.

(o) Reserved.

(p) (1) "Part-time employee" shall mean an employee holding a permanent position for which the regularly scheduled work week is less than forty hours, or an employee holding a position which has been designated as part-time in the current budget of the city, the class specification or in the current salary resolution or other action of the Council fixing the rate of pay for the position; excepting, however, any employee whose position is established as full-time under Section 2-302(a).

(2) "Permanent employee" shall mean an employee in the classified service who has been appointed to a position in a class from an eligible list and who has satisfactorily completed the probationary period.

(3) "Permanent intermittent employee" shall mean an employee appointed from an eligible list to an intermittent position in a class and who has satisfactorily completed the probationary period.

(4) "Permanent position" shall mean a full-time or part-time position in the classified service created pursuant to this article, or a position in the unclassified service, the duration of which is not limited by the terms of the ordinance, resolution or other authorized action creating it.

(5) "Permanent status" shall mean the status of an employee who is lawfully retained in his position in the classified service or in an intermittent position after the completion of the probationary period provided by this article.

(6) "Position" shall mean a group of current duties and responsibilities assigned or delegated by competent authority requiring the full-time, part-time or intermittent employment of one person.

(7) "Probation" shall mean a working test period during which an employee, newly appointed from an eligible list, a promotional eligible list, or a reinstatement list, to a permanent position in the classified service or to an intermittent position, is required to demonstrate fitness for such position by satisfactory performance of the duties required in the position.

(8) "Probationary status" shall mean the status of an employee who has been certified and appointed from an eligible list, reinstatement list or a promotional eligible list, but who has not completed the probationary period provided by this article.

(9) "Promotional examination" shall mean an examination for positions in a class, admission to which is limited to permanent employees in the classified service or in an intermittent position who have held a position in another specified class for the required period of time.

(10) "Promotional eligible list" shall mean a list of persons eligible for certification for a specific class resulting from a promotional examination.

(11) "Provisional employee" shall mean an employee who has been appointed provisionally to a permanent position in the classified service pending the establishment of an eligible list for the class.

(q) Reserved.

(r) "Reinstatement list" shall mean a list of persons in a specified class who have held a permanent position in the classified service or an intermittent position in the unclassified service and who, because of economy, department reorganization, lack of work or budget curtailment, have been separated from or demoted in the city service.

(s) Reserved.

(t) "Temporary employee" shall mean an employee appointed to a limited position in the city service.

(u) "Unclassified service" shall mean the exempted officers and positions as specified in Section 1000 of the Charter.

(v) Reserved.

(w) Reserved.

(x) Reserved.

(y) Reserved.

(z) Reserved. (Added Ord. 82-99, § 2, eff. 10-15-82).

The schedule of classes adopted by the Board and approved by the City Commission on July 1, 1956, together with subsequent additions, amendments and revisions, constitutes the classification plan for all positions in the classified service. (Rep. and Added Ord. 6128, 1962).

The classification plan shall be so developed and maintained that all positions substantially similar with respect to the kind, difficulty and responsibility of work are included in the same class and the same examining process used for filling all positions in the class. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1605).

Whenever a class in the City service, as defined in Section 3-202(c)(6), or as it may from time to time be amended, is deleted, the City Council shall approve a Resolution to establish a pay relationship for that class to calculate retirement benefits for any incumbent with qualifying service in the deleted class. The Resolution shall, in addition to identifying a benchmark class, establish a pay comparison by either declaring the salary range for the benchmark class to be equivalent to the salary range for the deleted class or by identifying a percentage that should be added to, or subtracted from, the salary range for the benchmark class. The City shall, by administrative instruction, establish a process for notifying employees and recognized employee organizations in advance of presentation of the Resolution to Council. (Added Ord. 94-41, § 1, eff. 7-8-94).

(a) Creation of New Class. Whenever a department head, with the approval of the Chief Administrative Officer, desires to create a new class the duties of which have not previously been performed in whole or in substantial part, in any existing class in the city service, he shall request the Director to draft job specifications therefor. When the specifications have been approved by the Chief Administrative Officer, the department head and the Director and filed in the office of the Director, they shall be in effect.

(b) Change in Class Duties. Whenever a change in duties or responsibilities of any existing position in the classified service is claimed to have occurred or is contemplated in any proposed reorganization of a department or division thereof, the Director, on his own initiative or upon the written request of the appointing officer or any employee whose position is involved, when such request is approved by the Chief Administrative Officer, shall investigate the duties of the affected position. The Director shall hold a public hearing on the proposed change. All employees whose positions are involved in the reclassification, and all affected appointing officers, shall be given not less than five days' written notice of the time and place set for the hearing and accorded the opportunity to appear at the hearing and present reasons why the reclassification should not be made.

(c) Division of a Class. Whenever the duties of different positions in an existing class become diverse and a single examination will no longer provide qualified applicants, the Director shall divide the class into two or more classes and assign the positions in the old class to the proper new classes. The employees filling the positions so assigned shall, with the consent of the head of the department and the Director, be transferred to the new class subject to the provisions of Section 3-209.

(d) Addition of Total New Operation. Whenever the city shall take over the operation of any other jurisdiction or corporation or other operating activity, the Director shall, as soon as practicable, classify each position then existing and proposed to be created in such activity, in conformity with the existing classification of positions in the city service, and shall conduct such special examinations as may be necessary to provide eligibles for certification to each position. Pending the certification of eligibles for the positions mentioned in this section, such positions shall be filled in accordance with the provisions of this article. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1605; Am. Ord. 73-117, § 1, eff. 9-2-73).

(a) Each person holding a permanent appointment to a full-time position with the Redevelopment Agency of the City of Fresno ("Agency") as of May 2, 1976, hereinafter referred to as an "Agency employee," shall, not more than two years from the effective date of this section, provided he is at that time an Agency employee, be offered an appointment to a permanent position in the unclassified or in the classified service of the city in accordance with the provisions of subsection (d) of Section 3-206; provided each such Agency employee first passes a special qualifying examination conducted in accordance with said subsection and provided each such Agency employee qualifies for appointment by conformance to the physical standards established pursuant to Section 3-287. Classification of positions to which Agency employees are offered appointment shall be at the sole discretion of the Director. Sections 3-240, 3-241, 3-242, and 3-243 shall not apply to any qualifying examination given under this section.

(b) A refusal by an Agency employee to accept an appointment offered pursuant to subsection (a) hereof, or a failure to conform to the physical standards upon receipt of an offer of appointment, shall relieve the city henceforth of any obligation under this section to offer employment to such Agency employee.

(c) Each Agency employee shall be entitled to credit for his full-time continuous employment by the Agency as city employment for purposes of determining completion of his probationary period pursuant to Section 3-272, for purposes of determining the applicable rate of vacation accumulation pursuant to Section 3-101, for determining his qualifications for admission to a promotional examination, and for computing seniority for the purpose of determining the order of layoff in accordance with Section 3-291; provided, however, if the cause of the layoff is a result of a diminution or elimination of functions, activities or services which, except for the consolidation with the Agency, would not be conducted, performed, or rendered by the city, the Agency employee shall not be entitled to credit for such employment by the Agency. No credits for such employment by the Agency shall be allowed for any benefit except as expressly provided herein or in Article 3 of this chapter.

(d) The continuity of full-time continuous employment by the Agency for which an Agency employee is entitled to credit as city employment shall not be deemed broken by any leave of absence without pay; provided, however, that the time a person has been on a leave of absence without pay, for any reason, shall not be included in calculating such person's credit for continuous employment pursuant to subsection (c) of this section. In determining whether a person's employment with the Agency has been full-time, reference shall be made to and the matter decided in accordance with subsection (a) of Section 3-102.

(e) Upon employment by the city, each Agency employee shall be credited with the number of hours of sick leave and vacation leave accumulated to the employee's credit with the Agency as of the end of the last day of employment with the Agency. One year from the date of an Agency employee's appointment to a position in the service of the city, any accumulation of such employee's unused vacation leave credit in excess of the limits prescribed in Section 3-108(h) shall thereupon be canceled.

(f) The provisions of this section shall apply to any Agency employee employed in accordance herewith on or after July 1, 1976. (Added Ord. 76-72, § 1, eff. 8-29-76; Am. Ord. 76-104, § 1, eff. 11-14-76).

(a) Each person holding a permanent appointment to a full-time position with the Fresno County Water Works Districts ("District") as of December 31, 1988, and who has held such appointment for more than three months prior to December 31, 1988, hereinafter referred to as a "District employee," shall be offered an appointment to a permanent position in the unclassified or in the classified service of the city in accordance with the provisions of subsection (d) of Section 3-206; provided each such District employee first passes a special qualifying examination conducted in accordance with said subsection and provided each such District employee qualifies for appointment by conformance to the physical standards established pursuant to Section 3-287. Appointment shall be to the class which reflects the majority of duties in District employment. The District Manager position shall be placed into the city Water Division at no less than the Water Manager position. Sections 3-240, 3-241, 3-242 and 3-243 shall not apply to any qualifying examination given under this section.

(b) A refusal by a District employee to accept an appointment offered pursuant to subsection (a), or a failure to conform to the physical standards upon receipt of an offer or appointment, shall relieve the city henceforth of any obligation under this section to offer employment to such District employee.

(c) Each District employee shall be entitled to credit for that employee's full-time continuous employment by the District as city employment for purposes of determining completion of each District employee's probationary period pursuant to Section 3-272, for purposes of determining the applicable rate of vacation accumulation pursuant to Section 3-108, for determining qualifications for admission to a promotional examination for computing seniority for the purpose of determining each District employee's qualifications for admission to a promotional examination and for computing seniority for the purpose of determining the order of layoff in accordance with Section 3-291; provided, however, that a District employee who has passed the District's probationary period shall retain that status upon transfer to the city. No credits for such employment by the District shall be allowed for any benefit except as expressly provided in Articles 2 or 5 of this Chapter 3.

(d) The continuity of full-time continuous employment by the District for which a District employee is entitled to credit as city employment shall not be deemed broken by any leave of absence without pay; provided, however, that the time an employee has been on a leave of absence without pay, for any reason, shall not be included in calculating such employee's credit for continuous employment pursuant to subsection (c). In determining whether an employee's employment with the District has been full-time, reference shall be made to and the matter determined in accordance with subsection (a) of Section 3-101.

(e) Upon employment by the city, each District employee shall be credited with the number of hours of sick leave accumulated to the employee's credit with the District as of the end of the last day of employment with the District. District employees are entitled to credit for up to eighty hours of vacation accrued at the District. (Added Ord. 88-148, § 1, eff. 1-12-89).

(a) Filling of Reclassified Position. Upon the reclassification of a position from one class to another class of the same, a lower level, or a higher level, the method of filling the position shall be determined in accordance with the rules regarding transfer, demotion, or promotion, as may be appropriate, except as otherwise provided in this section.

(b) Selection of Incumbent. In the event of the reclassification of a position to a class of a higher level, the incumbent shall be granted the same status in the new class as he had in the former class, if the Director should find that all of the following conditions have been met.

(1) That the reason for the reclassification of the position is the gradual accretion of new duties and responsibilities over a period of two or more years immediately preceding the effective date of such reclassification.

(2) That the accretion of duties has taken place during the incumbency of the present incumbent in such position.

(3) That the added duties and responsibilities upon which the reclassification is based have not been previously assigned to a class of the same or lower level.

The Director may, before recognizing such status in the class of higher level, require such evidence of the qualifications and fitness of the incumbent, including such hearings, investigations, and noncompetitive examinations as he deems warranted. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1605; Am. Ord. 73-117, § 3, eff. 9-2-73).

The Director shall provide and, after consultation with the department head, may amend written specifications for each class in the classification plan. Each class specification shall include the class title, a description of the duties and responsibilities of the work and a statement of the qualifications a person should possess to enter upon the duties of a position in the class with reasonable prospect of success. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1605; Am. Ord. 73-117, § 4, eff. 9-2-73).

The definitions in class specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions that are assigned to the several classes as determined by their functions, duties and responsibilities and are not to be construed as declaring what the duties or responsibilities of any position may be or as limiting or modifying the power of an appointing authority to assign, direct and control the work of employees under his supervision. The use of a particular expression or illustration as to duties shall not be held to exclude others not mentioned that are of similar kind or quality; nor shall any specific omission necessarily mean that such factor is not included. (Rep. and Added Ord. 6128, 1962).

In determining the class to which any position should be assigned, the definition of each class shall be considered as a whole. Consideration shall be given to the general duties, specific tasks, responsibilities, qualities and relationship to other classes as a composite description of the kind of employment the class is intended to employ. (Rep. and Added Ord. 6128, 1962).

The title of any class shall be the official title of every position assigned to that class for the purpose of personnel actions and shall be used on all payrolls, official records and reports relating to the position. Any abbreviations or code symbols required by a department may be used in lieu of the class titles to designate the class of position for official records. Any other title desired and authorized to be used by the appointing authority may be used as a designation of any position for purposes of internal administration or in verbal or written contacts with the public. (Rep. and Added Ord. 6128, 1962).

The Director may arrange the various classes of positions in promotional series, indicating the lines of promotion to and from each class. The lower classes from which promotion is provided may be in the same or different departments, provided the duties and responsibilities thereof would prepare the occupants of such lower class positions for the higher class positions in the same promotional series. Only those classes of positions which in the judgment of the Director are closely related or similar in the degree of requirements or duties and responsibilities shall be arranged in promotional series and the promotional series authorized herein shall be changed by the Director as the creation or abolishment of positions or changes in the duties and responsibilities of positions required. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1606; Am. Ord. 73-117, § 5, eff. 9-2-73).

Announcements shall specify the title and salary range of the class for which the examination is announced, the nature of the work to be performed, the qualifications required, any unique work-related to qualifications pursuant to subsection (j) of Section 3-252, the time, place and manner of making application, the general scope of the examination, the relative weights to be assigned to the different parts of the examination, the length of time the eligibility list will be valid, and other information which the Director considers pertinent. (Rep. and Added Ord. 6218, 1962; Am. Ord. 87-1, § 1, eff. 2-6-87).

(a) Open examination recruitment announcements shall be posted on the official bulletin board in the Human Resources Office. Such recruitment announcements shall be given other publicity as the Director deems warranted to attract sufficient numbers of qualified candidates to compete in examinations. The Director may limit the filing period to a specific date or dates when a large number of qualified applicants is expected.

(b) Promotional examination recruitment announcements shall be posted on the official bulletin board in the Human Resources Office. Promotional examination announcements shall be posted for a period of not less than five working days. Promotional examination announcements shall be supplied to each appointing authority under whom there are employees eligible to compete. It shall be the duty of each appointing authority to bring such announcements to the attention of eligible employees under their jurisdiction. (Rep. and Added Ord. 6128, 1962, based on former Secs. 2-1620 and 2-1627; Am. Ord. 72-20, 1972; Am. Ord. 95-10, § 1, eff. 3-3-95; Am. Ord. 95-33, eff. 5-12-95; Am. Ord. 95-62, § 1, eff. 9-22-95; Am. Ord. 96-50, § 1, eff. 8-16-96).

Open competitive examinations shall be open to all qualified applicants eligible for employment in the United States. The Board may refuse to examine an applicant or, after examination, to certify one otherwise eligible, who is found to lack any of the preliminary requirements for the examination for the position or employment applied for. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1607; Am Ord. 82-99, § 3, eff. 10-15-82).

Notwithstanding any other provision of this Code, the Civil Service process, including, but not limited to, recruitment, examination, certification, and appeal procedures when conducting a joint recruitment/testing process with other governmental agencies for Firefighter Recruit/Firefighter positions, non-represented classes, and entry-level classes in the Non-Supervisory White Collar, Management Confidential, Management Non-Confidential, Non-Management Confidential, and Non-Supervisory Blue Collar Units shall be governed by City Council Resolution. (Added Ord. 94-2, § 1, eff. 2-4-94; Am. Ord. 95-55, § 1, eff. 9-15-95; Am. Ord. 96-50, § 2, eff. 8-16-96).

Promotional examinations shall be open to permanent employees who meet the minimum qualifications. Admission to promotional tests may be restricted by the Director to permanent employees of a specific division or department. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1627; Am. Ord. 95-33, § 2, eff. 5-12-95; Am. Ord. 95-62, § 2, eff. 9-22-95; Am. Ord. 96-50, § 3, eff. 8-16-96).

(a) Any individual who meets the minimum qualifications on or before the posted final filing date may file for the examination. No person who has been removed for cause from any position, temporary or permanent, in the city service shall be entitled to file or take any examination for any class unless such person shall secure the approval of the Director, which approval must be on file in the Personnel Services Department prior to the time fixed for the examination. The Director shall approve the examination of a removed employee if he/she is satisfied that the cause of removal no longer exists or does not apply to the position applied for or any promotional position above it. Application forms prescribed by the Director shall be used. Applications must be delivered to the office of the Director between the dates specified on the announcement. Applications shall include a statement from the applicant of all pertinent information, which the Director deems necessary. The truth of all statements contained in the application shall be certified by the applicant's signature.

(b) The Director may close the filing period of an open examination when a predetermined number of applications, as stated in the posted announcement, has been received. The Director may also randomly limit the number of candidates in a manner that is reflective of the community's population to be processed in an open examination when it is determined necessities necessary relative to the filling of positions, the degree of difficulty of the filling of the positions from the labor market, the number of applications received, or the number of existing and anticipated vacancies justify limitations. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1607; Am. Ord. 72-21, 1972; Amd. Ord. 95-33, § 3, eff. 5-12-95; Am. Ord. 95-62, § 3, eff. 9-22-95; Am. Ord. 96-50, § 4, eff. 8-16-96; Am. Ord. 2000-29, § 1, eff. 4-24-00; Am. Ord. 2003-24, § 1, eff. 5-20-03).

No question in any form or application, or in any examination, shall be so framed as to elicit any information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened or promised by any person in the employ of the city against or in favor of any applicant, eligible or employee because of any classification protected by state or federal law.

(Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1619; Am. Ord. 2010-13, § 1, eff. 6-14-10).

Each candidate whose application has been submitted for an examination and who meets the minimum qualifications shall be scheduled for the examination, subject to other provisions within this Article. Each candidate shall be given an admission card stating the time and place of the examination. No candidate may be admitted to any assembled examination after the noticed time once the doors at the examination site have been closed. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1620; Am. Ord. 95-33, § 4, eff. 5-12-95).

(a) The Director may reject the application of any person for admission to an examination and may remove from any list the name of any person who:

(1) Lacks any of the minimum qualifications as stated in the announcement;

(2) Is addicted to the habitual or excessive use of habit-forming drugs or intoxicating liquors;

(3) Has been dismissed for good cause from any previous employment unless, if such dismissal was from previous employment with the city, approval of the Director has been given, as provided in Section 3-220;

(4) Has used or attempted to use political pressure or bribery to secure an advantage in an examination or appointment;

(5) Has made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in his application or examination, or in securing eligibility for appointment.

(b) Action of the Director under subsection (a) hereof may be reviewed by the Board pursuant to Section 2-1642.1 of this article.

(Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1607; Am. Ord. 6918, 1966; Am. Ord. 72-19, 1972; Am. Ord. 79-32, § 1, eff. 3-16-79; Am. Ord. 2003-24, § 2, eff. 5-20-03).

(a) Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendre) of a felony or of any misdemeanor which in the judgment of the Director evidences moral turpitude on the part of the candidate shall be prima facie grounds for said candidate's removal from any list, or rejection of such candidate's application.

(b) The Director, in rejecting an application or removing from any list the name of a candidate, shall consider the seriousness and type of offense as it relates to the nature and sensitivity of the position being applied for. The candidate may present evidence of rehabilitation to the Director. A list of factors to be considered by the Director in assessing rehabilitation or lack thereof shall include but not be limited to:

(1) All circumstances surrounding the conduct giving rise to the conviction;

(2) The length of time that has passed since the unlawful conduct took place;

(3) The age of the candidate when the conduct took place;

(4) Any specific efforts in furtherance of rehabilitation taken by the candidate.

(c) Notwithstanding any other provision of this section, no application shall be processed for, or appointment made to the position of Peace Officer for any applicant or candidate who has suffered any felony conviction or conviction of any misdemeanor involving moral turpitude.

(d) Action of the Director under subsection (a) or subsection (b) hereof may be reviewed by the Board pursuant to Section 2-1642.1 of this article.

(Added Ord. 79-32, § 2, eff. 3-16-79)

In order to further the objectives set forth in Section 3-224, and as authorized by California Penal Code Sections 11105(b)(10) and 13300(b)(10), the Director is hereby authorized to have access to and utilize Criminal History Record information on file with the California Department of Justice and/or local law enforcement agencies when it is necessary for such records to be utilized to fulfill employment or certification duties as set forth in Fresno Municipal Code Section 2-1621.1 and California Labor Code Section 432.7.

(Added Ord. 79-32, § 3, 3-16-79).

Any individual who is required to register with the Federal Selective Service System shall submit documentation evidencing such registration at time of employment with the City of Fresno. Employment with the City of Fresno shall be prohibited until such time as required documentation is submitted.

(Rep. and Added Ord. 98-89, §§ 1, 2, eff. 12-20-98; Am. Ord. 2010-13, § 2, eff. 6-14-10).

Eligibles who receive conditional offers of employment to designated positions shall take and pass an appropriate medical and/or psychological examination(s) as determined by the Director. An eligible on any list whose medical and/or psychological condition, as determined by such examination(s), does not conform to the standards established for the class may initiate an appeal through a process defined by administrative instruction. If the determination remains that an eligible does not conform to the standards, his/her name shall be permanently removed from such list; provided, however, that such removal shall not prejudice his/her right to apply for and be examined for placement on any succeeding list created for the class.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1607 and 2-1639; Am. Ord. 80-62, § 1, eff. 5-23-80; Am. Ord. 97-5, § 1, eff. 2-28-97)

Names of candidates shall not be made public prior to the announcement of the results of an examination, except by permission of the Board.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1616).

Written and performance tests shall be conducted as simultaneously as practicable in as many places as are necessary for the convenience of the candidates and yet practicable for proper administration and control. The Director may designate as monitor as many persons as may be necessary to conduct tests under instructions provided by him. During the administration of an examination, candidates will be required to obey such regulations as to conduct and time limits as may be established by the Director.

(Rep. and Added Ord. 6128, 1962).

The Director may extend the application filing period of an examination in the event a sufficient number of qualified applications has not been submitted. The Director may also cancel an examination for reasons including, but not limited to, position deletions during budget process, reorganizations, lack of qualified candidates, or other operational concerns. Applicants and the appointing authority in such cases shall be given written notice of the action.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1623; Am. Ord. 95-10, § 3, eff. 3-3-95; Am. Ord. 95-33, § 6, eff. 5-12-95; Am. Ord. 95-62, § 5, eff. 9-22-95; Am. Ord. 96-50, § 6, eff. 8-16-96).

Examinations shall relate to those matters which fairly test the capacity and fitness of the persons examined to discharge the duties of the office or employment sought by them. Any means or measures may be used which are reasonably well calculated to test the fitness of candidates to become employees in positions of the class for which the examination is being held. Such means or measures may include any required statement or any valuation of education, experience, or record of accomplishment, any test of knowledge, skill or capacity, intelligence or aptitude, or any inquiry into the moral character or any quality or attribute which seems desirable. When oral examinations are used, a record of the examination, showing basis of ratings, shall be made.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1621).

The provisions of Section 3-231 shall also apply to promotional examinations. In addition to other factors promotional examinations will take into consideration the quality of service and an appraisal of promotability where records are available to provide the basis for such ratings.

(Rep. and Added Ord. 1628, 1962).

To assure anonymity of candidates in written examination, no examination paper or answer sheet shall be identified until after all have been finally scored.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1617).

Editor's note— Ord. No. 2010-13, § 3, effective June 14, 2010, amended the Code by repealing former § 3-234 in its entirety. Former § 3-234 pertained to disqualification, and derived from Ord. 6128 of 1962.

In the development of examinations the Director may confer with the appointing authorities concerned and with others skilled in or familiar with work requirements to be tested. The Director may also utilize appropriate examinations, or parts thereof, prepared by other personnel agencies or associations which prepare examinations for other public jurisdictions. The Director shall select persons who are qualified in the appropriate fields to serve as oral examiners. Every precaution shall be exercised by all persons participating in the development and administration of tests to maintain the highest integrity and security in examinations.

(Rep. and Added Ord. 6128, 1962).

All official bulletins shall state the weight assigned to each step of the examination process. Each part of an examination process shall be graded independently with a passing score necessary to either advance to the next step of the examination process or to be placed on the eligible list. The score obtained in each step shall be multiplied by its assigned weight. The sum of the resulting products shall be totalled and that total, including veteran's preference points, if applicable, shall determine the candidate's rank on the eligible list. The minimum final score required for placement on the list shall be seventy. The minimum passing point in a written examination shall be set by the Director before identification of the answer sheets. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1622; Am. Ord. 74-39, § 1, eff. 4-21-74; Am. Ord. 94-106, § 1, eff. 12-9-94; Am. Ord. 95-33, § 7, eff. 5-12-95; Am. Ord. 95-62, § 6, eff. 9-22-95; Am. Ord. 96-50, § 7, eff. 8-16-96).

A candidate who fails to attain the minimum grade established for any part in an examination shall be considered as having failed the examination. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1608).

(a) In any open competitive examination a veteran shall be allowed an additional credit of five points after having attained the passing mark established for the examination.

(b) For the purpose of this section, "veteran" means any person who has served full time for thirty days or more in the armed forces in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the Government of the Unites States, or during the period June 27, 1950 to January 31, 1955, inclusive, or who has served on at least one hundred eighty-one (181) consecutive days since January 31, 1955, and who has received an honorable discharge, but does not include any person who has served only in auxiliary or reserve components of the armed forces whose service therein did not exempt him from the operation of the Selective Training and Service Act of 1940. For the purpose of this section, World War II began December 7, 1941, and terminated as of midnight, December 31, 1946.

(c) In any examinations to establish eligible lists in which credits are allowed for experience, periods of service in the recognized military service shall be counted by the Board as experience upon showing by the veteran that such service involved duties and responsibilities of the kind for which credit for experience is being allowed. Any applicant seeking the benefits of this section must submit proof of his eligibility at the time of application, or at a later date if the Director shall find that the promulgation of the eligible list will not be delayed thereby. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1622; Am. Ord. 73-116, § 8, eff. 9-2-73).

When necessary to meet continued requirements for filling positions and when there is no available large number of applicants for a class, the closing date for any examination may be indefinite and applicants may be tested continuously in such manner and at such times and places as the Director may provide. No applicant who fails to achieve a passing score in which open continuous tests may compete again in the written portion of the same test for a period of six months following the original date of taking the test. The closing date for any open continuous test may be set at any time by the Director, with notice of this action to be posted in the office of the Director at least ten days prior to the effective date of the action. (Rep. and Added Ord. 6128, 1962; Am. Ord. 2003-24, § 3, eff. 5-20-03).

(a) During regular office hours beginning on the first working day after a noncontinuous or nonstandardized examination has been held, a participant may inspect, at the office of and in the presence of an employee under the Director, a keyed copy of the questions in the examination by making an appointment to do so. Duration of the inspection privilege will be determined by the Director on a ratio of one day to each fifteen candidates who took the written portion of the examination, but in no event shall the inspection privilege be for a period of more than five working days. Only one inspection will be allowed. During that period, plus one working day, the participant may file with the Director a written objection to any part of the test stating the item or items objected to and the reason for the objection. Protests based purely on personal opinion and without cited authority will not be considered.

(b) The Director shall consider all properly made protests before the final scoring of the examination papers. In the event the Director determines that a protest has sufficient validity to invalidate or make improper any question or answer, he shall either delete said questions or correct the answers.

(c) Any participant who has so protested and who claims the action of the Director is incomplete or erroneous may appeal his/her action pursuant to the procedure in Section 3-241. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1624; Am. Ord. 72-20, 1972; Am. Ord. 73-116, § 9, eff. 9-2-73; Am. Ord. 96-50, § 8, eff. 8-16-96).

(a) For all promotional examinations:

(1) Every candidate shall be mailed written notice of his/her final rating and of his/her relative standing on the eligible list or of his/her failure to obtain a place on the list. The notice shall state on its face the date of mailing.

(2) During the five working days immediately following the date of mailing of such notice any candidate may inspect his/her written examination papers in the Human Resources office during regular office hours, and shall, upon his/her request and within such time, be granted a consultation with the Director, or the Director's designee, to discuss the correction of any claimed errors in the compilation of the candidate's total score and to review the reasons for his/her rating. The consultation may include a discussion of the candidate's oral examination ratings and the answers of his/her references, subject to the limitations upon disclosure set forth in Section 3-243.

(3) Any candidate who, after requesting and participating in the consultation as provided for in Subsection (a)(2), claims that his/her final rating in the examination, as determined after such consultation, is erroneous because of clerical error or error in the interpretation or application of any rule relating to the computation of his/her final rating or that there was irregularity, discrimination within the meaning of Section 3-221, or fraud in the conduct of the examination, or any part thereof, may file with the Director, not later than five o'clock P.M. of the tenth working day after the date of mailing of notice of his/her final rating, a written request for review by the Director of his/her contentions. The candidate's request shall specify each claim of error or of impropriety in the conduct of the examination which the Director is requested to review, together with a brief statement of the facts upon which he/she bases each claim. The request shall be verified by the candidate, and the candidate may file therewith additional data, including affidavits, relevant to the facts alleged therein.

(4) Promptly after receipt of any such request, the Director shall inquire into the matters alleged in the request and take action on the request. If the Director finds during this inquiry facts which justify it, the Director may take any one or more of the following actions:

(i) Affirm the final rating of the candidate as determined after the consultation.

(ii) Affirm the results of the examination as not involving any such irregularity, discrimination, or fraud as alleged in the candidate's request.

(iii) Modify the final rating of the candidate by correcting any clerical or other error in the computation of his/her final rating.

(iv) Declare the entire examination, or the oral examination only, a nullity and cancel the eligible list created therefrom, if the Director finds that in the conduct of the examination there was irregularity, discrimination within the meaning of Section 3-221, or fraud, which resulted, or in his/her opinion could have resulted, in substantial prejudice to any candidate.

(5) Upon completion of the inquiry, the Director shall prepare and file in Human Resources, as a public record, a report of the findings and action taken. The Director may include in the report the affidavit of any person concerning facts which the Director may deem relevant to the inquiry. A copy of the report shall be mailed or delivered personally to the candidate who filed the request for review, and, if the action was to cancel the eligible list, a copy of the report shall be mailed or personally delivered to each candidate who was qualified by the examination for placement on the eligible list. If the entire examination is rescheduled, all candidates who participated in the original examination shall be notified and shall be entitled to take the rescheduled examination without further qualification.

(6) Any candidate who requested a review pursuant to Subsection (a)(3) may appeal to the Board from any action of the Director upon the review, and any candidate who was qualified by the examination for placement on the eligible list may appeal to the Board from any action of the Director nullifying all or any part of the examination. The appeal shall be in writing and shall specify the action and the particular parts of the Director's report to which the appellant takes exception, and may include affidavits relevant to the appellant's contentions. Failure to file an appeal with the Board within five calendar days of the date of personal service or within ten calendar days of mailing of a copy of the report to which appellant takes exception shall constitute a waiver of the right of appeal. Upon the filing of any appeal, the Director shall file with the Board a copy of the report and a copy of the request for review. The Director shall notify the appellant of the date of the meeting of the Board at which the matter will be first presented to the Board.

(7) The Board may, upon the record filed with it and without taking additional evidence, affirm the action or actions of the Director and deny the appeal, or it may grant the appeal and order a hearing thereon, to be held not less than ten nor more than fifteen days after the date of its order. Notice of the time and place fixed for the hearing shall be mailed, not less than five days prior to the hearing date, to the appellant, to the candidate who requested the review, and to each candidate who was qualified by the examination for placement on the eligible list, at the address of each as shown on his/her application or the city's personnel records.

(8) At the hearing the Director may present additional evidence, and the appellant, the candidate who requested the review, and any candidate who was qualified by the examination for placement on the eligible list may appear personally, or with representation, and may present evidence and argument. The request for review, the Director's report, and the appeal shall be deemed evidence upon which the Board may find facts upon which to base its decision, and the Board may limit the evidence to be received at the hearing to that which it deems necessary to its decision.

(9) At the conclusion of the hearing the Board shall affirm the action or actions of the Director as set forth in the Director's report unless it shall find from the evidence that any such action constituted an abuse of discretion by the Director. As to any action with respect to which it shall make such a finding, the Board may overrule such action and order the Director to take any alternative action authorized by Subsection (a)(4) relating to the subject matter of the action overruled. The decision of the Board on the appeal, together with findings of fact in support thereof, shall be contained in a written decision filed with its minutes, and, when so made, the decision of the Board shall be final and conclusive.

(10) No decision of the Board upon any appeal hereunder shall be contested in any action or proceeding in any court unless the action or proceeding is commenced within thirty days after the appeal is denied, or, if a hearing is ordered, the date on which the written decision thereon is approved by the Board for filing with its minutes.

(11) Notice of the Board's action denying the appeal, or, if the appeal is granted, a copy of the written decision thereon, shall be mailed to each person entitled under Subsection (a)(5), to notice of the hearing.

(b) For open examinations:

(1) Every candidate in an open examination shall be mailed written notice of his/her final rating and relative standing on the eligible list or of his/her failure to obtain a place on the list. The notice shall state on its face the date of mailing.

(2) During the five working days immediately following the date of mailing of such notice any candidate may inspect his/her written examination papers in the Human Resources office during regular office hours, and shall, upon his/her request and within such time, be granted a consultation with the Director, or the Director's designee, to discuss the correction of any claimed errors in the compilation of the candidate's total score and to review the reasons for his/her rating. The consultation may include a discussion of the candidate's oral examination ratings and the answers of his/her references, subject to the limitations upon disclosure set forth in Section 3-243.

(3) Any candidate who, after requesting and participating in the consultation as provided for in Subsection (b)(2), claims that his/her final rating in the examination, as determined after such consultation, is erroneous because of clerical error or error in the interpretation or application of any rule relating to the computation of his/her final rating, or that there was irregularity, discrimination within the meaning of Section 3-221, or fraud in the conduct of the examination, or any part, may file with the Director by the fifth working day following the consultation, a written request for review by the Director. The candidate's request shall specify each claim of error or of impropriety in the conduct of the examination which the Director is requested to review, together with a brief statement of the facts upon which he/she bases each claim and any additional data, including affidavits, relevant to the facts alleged.

(4) Promptly after receipt of any such request, the Director shall inquire into the matters alleged in the request and take action on the request. If the Director finds during this inquiry facts which justify it, the Director may take any one or more of the following actions:

(i) Affirm the final rating of the candidate as determined after the consultation.

(ii) Affirm the results of the examination as not involving any such irregularity, discrimination, or fraud as alleged in the candidate's request.

(iii) Modify the final rating of the candidate by correcting any clerical or other error in the computation of his/her final rating.

(iv) Declare the entire examination, or any part, a nullity and cancel the eligible list created, readminister a specific part, or promulgate the eligible list based upon the scores achieved in the remaining phases of the examination process, if the Director finds that in the conduct of the examination there was irregularity, discrimination within the meaning of Section 3-221, or fraud, which resulted, or could have resulted, in substantial prejudice to any candidate.

(5) Upon completion of the inquiry, the Director shall prepare and file in Human Resources, as a public record, a report of the findings and action taken. The Director may include in the report the affidavit of any person concerning facts which the Director may deem relevant to the inquiry. A copy of the report shall be mailed or delivered personally to the candidate who filed the request for review, and, if the action was to cancel the eligible list or a specific part of the examination process, a copy of the report shall be mailed or personally delivered to each candidate who was qualified by the examination for placement on the eligible list. If the entire examination is rescheduled, all candidates who participated in the original examination shall be notified and shall be entitled to take the rescheduled examination without further qualification.

(6) No decision of the Director upon any appeal hereunder shall be contested in any action or proceeding in any court unless the action or proceeding is commenced within thirty calendar days after the date on which the written decision is mailed. (Rep. and Added 6128, 1962; based on former Sec. 2-1625; Am. Ord. 67-95, 1967; Am. Ord. 84-92, § 1, eff. 7-27-84; Am. Ord. 95-33, § 8, eff. 5-12-95; Am. Ord. 95-62, § 7, 9-22-95; Am. Ord. 96-50, § 9, eff. 8-16-96).

(a) No appointment shall be made from any eligible list until the expiration of the time provided in Section 3-241 for the granting of consultations.

(b) If any consultation is granted and held, no permanent appointment shall be made until the expiration of the time provided in Section 3-241 the filing of written requests for review, or, if such a request is timely filed, until the Director's report thereon is filed. Thereafter, unless the eligible list has been canceled by the Director's action, permanent appointments may be made from the list as affirmed or as modified by the Director's report, but subject to the qualification, to be agreed to by each appointee in writing, that in the event the eligible list shall be canceled or so modified as to render the appointee ineligible for certification for the appointment, employment in the position shall thereupon automatically terminate. (Added Ord. 67-95, 1967; Am. Ord. 95-33, § 9, eff. 5-12-95).

(a) Every candidate's written examination papers, oral rating sheets, and answers of references to inquiries regarding any applicant or candidate, and all information contained therein, shall be deemed confidential and not subject to public disclosure, and shall be subject to inspection only by authorized employees of Human Resources, by the members of the Board, and by such other persons and under such circumstances as hereinafter provided in this section.

(b) The right to inspect any candidate's written examination papers shall be limited to the candidate and to the appointing authority and the City Manager when the candidate has been certified for appointment.

(c) The right to inspect oral rating sheets and answers of references of any applicant or candidate shall be limited to the appointing authority and the City Manager when the candidate to whom they refer has been certified for appointment.

(d) In the course of any consultation with a candidate concerning his rating the candidate may, if requested, be informed of the contents of his oral rating sheets or the answers of his/her references, but to the extent only that disclosure can be made without identifying, directly or indirectly, any oral examiner or any reference as the source of any particular statement or information disclosed, and any Director's review or any appeal proceedings under Section 3-241 shall be subject to the same limitations on disclosure.

(e) Any information or right to inspect to which a candidate is entitled under this section shall also be afforded to his/her attorney and/or to the authorized representative of any employee organization whom the appellant may designate in writing as his/her representative. (Added Ord. 67-95, 1967; Am. Ord. 95-33, § 10, eff. 5-12-95).

Examination papers of each examination shall be preserved by the Director for the life of the list created by such examination. The examination papers of an eligible certified for appointment shall be open to the inspection of the appointing officer during such time as the said papers are on file in the office of the Director. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1626).

Candidates obtaining the required minimum score in each part in any open examination shall have their names placed on an eligible list for the class for which they were examined in the order of their final scores, including veteran's preference points, if applicable. In the event two or more candidates achieve the same final score, including veteran's preference points, ties shall not be broken. All candidates at that score shall have equal standing on an eligible list. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1630; Am. Ord. 94-106, § 2, eff. 12-9-94; Am. Ord. 95-33, § 11, eff. 5-12-95; Am. Ord. 95-62, § 8, eff. 9-22-95; Am. Ord. 96-50, § 10, eff. 8-16-96).

The names of candidates who have obtained the required minimum score in each part of any promotional examination shall be placed on a promotional eligible list for the class for which they were examined in the order of their final scores. In the event two or more candidates achieve the same final score, ties shall not be broken. All candidates at that score shall have equal standing on an eligible list. (Rep. and Added Ord. 6128, 1962; Am. Ord. 94-106, § 3, eff. 12-9-94; Am. Ord. 95-33, § 12, eff. 5-12-95; Am. Ord. 95-62, § 9, eff. 9-22-95; Am. Ord. 96-50, § 11, eff. 8-16-96).

Eligible and promotional eligible lists promulgated from a group of persons who have been examined in a competitive examination shall be effective for a period of two years or as determined by the Director and included in the official bulletin announcing the examination. The duration of an eligible list may be extended by the Director, with written notice to the eligibles, but in no case shall an eligible list remain in effect for longer than three years. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1628; Am Ord. 73-116, § 10, eff. 9-2-73; Am. Ord. 83-2, § 1, eff. 2-4-83).

The director shall remove or withhold from certification the name of an eligible on a list for any of the following reasons:

(1) The eligible has been or is to be appointed from such list to fill a permanent position in the class;

(2) The eligible has been or is to be appointed from a list for another class the minimum salary of which is higher than the minimum salary for the class of the list from which removed;

(3) Filing of a statement by the eligible that he/she is not willing to accept appointment, where approval of a waiver or declination has not been obtained from the Board;

(4) Declination by the eligible of an appointment under such conditions as an eligible had previously indicated in writing would be accepted;

(5) Failure by the eligible to respond within seven calendar days to any written inquiry of the Director or an appointing authority relative to availability for appointment;

(6) From a promotional eligible list, upon separation of the eligible from the city service for any reason other than lay-off;

(7) For classes in the Police Management Unit, after being considered but not appointed to a permanent position from one open eligible list for six vacancies;

(8) For all units, groups, or classes not specifically listed in (7) above after being considered but not appointed to a permanent position from one open eligible list for eight vacancies;

(9) Disapproval of the appointment of the eligible by the City Manager, in writing and for good and sufficient cause, pursuant to Section 705(c) of the Charter which shall result in the withdrawal from certification, and the withholding from re-certification, of the name of the eligible for the specific vacancy for which the appointment was disapproved. (Rep. and Added Ord. 6128, 1962; Am. Ord. 6590, 1965; Am. Ord. 94-52, § 1, eff. 8-26-94; Am. Ord. 94-62, § 1, eff. 9-16-94; Am. Ord. 95-33, § 13, eff. 5-12-95; Am. Ord. 95-26, § 10, eff. 9-22-95; Am. Ord. 96-50, § 12, eff. 8-16-96).

Any applicant or eligible whose application for examination has been rejected or whose name has been removed from any list by the Director pursuant to Section 3-223 or Section 3-248 of this Code may file a written request with the Board for a review of the action of the Director. Such request for review shall be filed within seven calendar days after the date of mailing of notice of the Director's action, and shall contain a statement of the facts upon which the request is made. The Board shall notify the applicant or eligible of the time when it will review the action of the Director and shall afford the applicant or eligible an opportunity to appear and present his case. The decision of the Board shall be final. The Board shall act on any such request without unnecessary delay, but no examination shall be postponed because of the pendency of a decision on any such request. No appointment for which a removed eligible would have been entitled to certification shall be made until the time for filing such request for review has expired, or if such a request is timely filed, until the Board has rendered its decision thereon.

(Added Ord. 6128, 1962).

Except as otherwise provided in this article, permanent appointments in the classified service shall be made only through certification from an eligible list; provided that appointments shall be offered first to eligibles on the reinstatement list for the class in which the vacancy exists.

(Rep. and Added Ord. 6128, 1962; Am. Ord. 73-116, § 11, eff. 9-2-73).

When a vacancy in a permanent or intermittent position in the classified service is to be filled, the appointing authority shall submit a requisition to the Director. The requisition shall state the class title, the number of positions to be filled and other appropriate information as may be required by the Director.

(Rep. and Added Ord. No. 6128, 1962, based on former Sec. 2-1634; Am. Ord. 82-99, § 5, eff. 10-15-82).

(a) Upon receipt of a requisition for certification to fill a permanent position, the Director shall certify eligibles in the following manner and order:

(1) The name of the person standing highest on the reinstatement list for the class shall be certified first. If the requisition requests certification for more than one vacancy in the same class, the Director shall certify from those highest on the reinstatement list for the class up to as many names as there are vacancies.

(2) For all classes identified in Section 3-268(b) where the minimum qualifications mandate current City service: The names of the five persons standing highest on the promotional eligible list shall be certified, if there is no reinstatement list. The first vacancy shall be filled by the appointment of one of the respective highest eligibles certified. The second and each succeeding vacancy shall be filled by appointment from the respective highest then- remaining names. Three names for classes mentioned in Section 3-268(b) shall be considered the minimum necessary to comprise a basic certification.

(3) For all units, groups, or classes not specifically identified in Section 3-268(b), and which are in the classified service: An eligible list shall be established. The Appointing Authority, at the time of requisition, shall identify the composition of the certification using the following options:

(i) A Department Certification that shall be composed of the ten highest-ranking permanent employees working with the requested department. If there are fewer than ten eligibles meeting the criteria for a Department Certification if it is selected as an option, it shall be completed with a General Certification followed by an Open Certification until the appropriate number of eligibles have been certified.

(ii) A General Certification that shall be composed of the ten highest-ranking permanent City employees. If there are fewer than ten eligibles meeting the criteria for a General Certification, it shall be completed with an Open Certification until the appropriate number of eligibles have been certified.

(iii) An Open Certification that shall be composed of the ten highest-ranking persons on the eligible list, without regard to City employment. The first vacancy shall be filled by the appointment of one of the respective highest eligible certified. The second and each succeeding vacancy on subsequent requisitions shall be filled by appointment from the ten highest then-remaining names unless there are not a sufficient number of eligibles on the list to comprise a basic certification. Five names shall be considered the minimum necessary to comprise a basic certification.

(4) When there are fewer than the required number of names on an eligible or a promotional eligible list and certification is requested pursuant to either (2) or (3) above, the Director shall certify the number thereon, and the Appointing Authority may, at the Appointing Authority's option, accept such certification and appoint therefrom, or decline such certification and defer permanent appointment pending the creation of a new list.

(5) When there is neither a reinstatement nor an eligible list for the class, certification from the list authorized pursuant to Section 3-254 of this Code may be made in the order and manner as if such list were for the class.

(b) The names of eligibles who are certified but not appointed shall remain in their relative placement on the list from which they were certified provided such list or the eligible's right to remain thereon has not expired pursuant to other provisions of this article.

(c) When a new eligible or a new promotional eligible list is created, the names of all persons on any existing list which such new list supersedes shall be certified for appointment, pursuant to subsection (a) hereof, before any certifications are made from the new list provided that when the older list contains the names of fewer than the maximum number of names that can be certified, the name or names remaining on such older list shall be placed at the top of the new list and shall be included in all certifications of persons from the new list until appointed, removed from such list pursuant to this article, or their eligibility for consideration has expired.

(d) When the requisition requests certification to fill a limited position pursuant to Section 3-256 of this Code, certification shall be made in the same order and manner as provided in this section for permanent positions.

(e) The Appointing Authority, or the Appointing Authority's designee, shall be permitted to examine the application and personnel records of each eligible certified for appointment.

(f) Persons eligible for referral pursuant to Section 3-255 of this code shall be referred in addition to the number of names eligible for referral under this section.

(g) Certification and appointment to positions in the Bus Driver and Emergency Services Dispatcher I/II classes shall be made from an eligible list and whenever a vacancy exists in one or more positions in said classifications, the Appointing Authority may select and request certification for appointment of the names of one or more eligibles on such list, without regard to their relative standing on the list. As the initial list is exhausted, additional names will be certified in the same manner as described in this subsection. A requisition shall be submitted for each vacancy being filled. This subsection shall not be deemed to preclude the filling of a Bus Driver and Emergency Services Dispatcher I/II vacancy by transfer thereto of an employee who has qualified for such transfer under section 3-261.

(Rep. and Added Ord. 6128, 1962; Am. Ord. 81-110, § 1, eff. 9-25-81; Am. Ord. 82-99, § 6, eff. 10-15-82; Am. Ord. 87-1, § 2, eff. 2-6-87; Am. Ord. 94-52, § 2, eff. 8-26-94; Am. Ord. 94-62, § 2, eff. 9-16-94; Am. Ord. 95-33, § 14, eff. 5-12-95; Am. Ord. 95-62, § 11, eff. 9-22-95; Am. Ord. 96-50, § 13, eff. 8-16-96; Am. Ord. 2010-13, § 4, eff. 6-14-10; Am. Ord. 2019-048, § 1, eff. 1-20-20).

An eligible on any list may waive or decline an appointment to a part-time, intermittent or limited position without losing his place on the list. An eligible on any list who has been certified for appointment to a permanent position may apply in writing to the Director for approval to waive the appointment, stating the reasons for the requested waiver. If the application is denied, the eligible's name shall be permanently removed from the list; if approved, the Director shall determine the further placement of the eligible's name on the list.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1647; Am. Ord. 73-117, § 6, eff. 9-2-73; Am. Ord. 82-99, § 7, eff. 10-15-82).

Whenever there is neither a reinstatement nor an eligible list for the class to which a position belongs, appointment may be made from a list for a class which the Director finds to be comparable in character and to have substantially similar or higher duties, responsibilities and qualifications, and which has substantially the same or higher salary range.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1636; Am. Ord. 73-117, § 7, eff. 9-2-73).

A person who achieves permanent status and who voluntarily resigns from city service with proper notice pursuant to Section 3-115 and who had a satisfactory performance record in the last position held may request consideration, without further competitive examination, for appointment to a vacant position in the class in which permanent status was last held or in a lower class in the same series. Such request shall be made in writing to the Director. Consideration for appointment shall be limited to the twenty-four months following the effective date of resignation. When an eligible list is in effect, referral of such person to an appointing authority shall be made in addition to the names certified from an eligible list. Referral may also be made in the absence of an eligibility list. After four referrals hereunder, a person shall no longer be eligible for consideration for appointment. Any person selected for appointment pursuant to this section shall be subject to the same conditions of probation and benefits applicable under the provisions of this article to an employee appointed to the class from an eligible list. There shall be no right of appeal regarding denial of consideration or appointment.

(Added Ord. 84-20, § 1, eff. 3-16-84; Am. Ord. 2010-13, § 5, eff. 6-14-10).

(a) When services are needed for an anticipated limited period of time, the appointing authority shall submit a requisition to the Director stating the duration of the proposed employment, and shall appoint an eligible certified by the Director from the appropriate list. The eligible may accept or decline the limited appointment without loss of his position on the list. If there are no eligibles willing to accept appointment to the limited position, the appointing authority may appoint temporarily a qualified person to fill the existing vacancy. No limited appointment shall continue for a period longer than six months, except

(1) during the continuance of any leave of absence of a permanent employee whose position is being filled by such limited appointment, or

(2) when an extension is approved by the Chief Administrative Officer, upon a finding by him that unusual circumstances require such extension.

(b) When a requisition has been submitted to fill a vacancy but no reinstatement or eligible list for the class exists, the appointing authority may appoint provisionally a qualified person to fill the vacancy pending the creation of an eligible list, provided the Director shall have first certified that such person possesses the minimum qualifications established in the class specifications for the class. When a list for the class has been created, the Director shall forthwith make certification for permanent appointment in the manner provided in this article, and the appointing authority shall then promptly make a permanent appointment to the position, or notify the Director that the appointment will not be made. Any provisional appointment made pursuant to this subsection shall terminate automatically upon the appointment of the eligible to the position, except as provided in subsection (c) of this section. In no event shall any vacancy in any such position be filled by provisional appointment for a period longer than six months; provided, however, that the Chief Administrative Officer may extend such period, for an additional ninety days only, if he finds from evidence submitted by the Director that difficulties encountered in recruitment require additional time for the creation of a list, or upon a finding by the Chief Administrative Officer that unusual circumstances require such extension.

(c) An employee separating from a permanent position, whether permanent or provisional, may be retained in that position for a period not to exceed 30 days after his replacement has been appointed when, in the opinion of the appointing authority and the Chief Administrative Officer, the best interests of the city would be served by such retention, provided budgeted funds are available.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1649; Am. Ord. 73-116, § 12, eff. 9-2-73; Am. Ord. 82-99, § 8, eff. 10-15-82).

An employee separating from a permanent position, whether permanent or provisional, may be retained in that position for a period not to exceed 30 days after his replacement has been appointed when, in the opinion of the appointing authority and the Chief Administrative Officer, the best interests of the city would be served by such retention, provided budgeted funds are available. (Added Ord. 82-99, § 9, eff. 10-15-82).

(a) An appointing authority, subject to the approval of the Chief Administrative Officer, may fill a vacant permanent position in a class in the classified service when there is no list by advancing a permanent employee who meets the minimum requirements of the class. During such provisional appointment such employee, when advanced, shall retain permanent status in the regular position without pay therefor, but in lieu thereof, shall be entitled to the compensation to the higher position to which appointed. A provisional appointment to a vacant classified position shall terminate thirty (30) days after certification of names from an eligible list. In no event shall a vacant permanent position be provisionally filled for a period longer than six months except upon written approval of the Chief Administrative Officer.

(b) An appointing authority, subject to the approval of the Chief Administrative Officer, may make an interim appointment to a vacant permanent position in a class in the unclassified service by advancing a regular permanent employee who meets the minimum requirements of the class. During such interim appointment, the employee shall retain permanent status in the permanent position in the classified service without pay therefor, but in lieu thereof, shall be entitled to the compensation of the higher position. The interim appointment may be terminated at the discretion of the appointing authority whereupon the permanent employee shall return to the former permanent position in the classified service. In no event shall a vacant permanent position be filled on an interim basis for a period longer than six months except upon the written approval of the Chief Administrative Officer. (Rep. and Added Ord. 6128, 1962, based on former Secs. 2-1659 and 2-1663; Am. Ord. 82-99, § 10, eff. 10-15-82).

An appointing authority, subject to the approval of the Chief Administrative Officer, may fill a vacant limited position by temporary appointment of a permanent employee thereto, for a period not to exceed one year. No such appointment shall be made without the consent of the employee if a reduction in compensation will result. During the temporary appointment, such employee shall retain his permanent status in his regular position without pay therefor, but in lieu thereof he shall be entitled to the compensation of the limited position to which he has been appointed. Unless the rate of pay for such limited position has been calculated to include compensation for sick or vacation leave or both, the employee shall be entitled to such a benefit or benefits which otherwise would have accrued, during the period of temporary appointment, as though he were in his regular position. The appointing authority may at any time cancel the temporary appointment. Upon cancellation of the appointment or end of the period of appointment, the employee shall be returned to his regular position without the prejudice except as provided in this section. (Added Ord. 73-116, § 13, eff. 9-2-73).

(a) Whenever an employee holding a permanent position is absent from duty for any cause, the appointing authority shall, if possible, temporarily assign to one or more employees in the same or higher class such of the work of the absent employee as cannot be deferred until his return. When such assignment is not practicable, the appointing authority of the absent employee may temporarily assign another employee in the same department or office holding a permanent position in a lower class to perform the duties of such absent employee. The employee so assigned shall be entitled to receive the compensation attached to the higher position if his class specifications do not require that he perform said duties in the absence of the regularly assigned employee and if he meets the conditions hereinafter provided in this section.

(b) After any such employee has completed twenty full working days of service (or for Firemen working a twenty-four-hour shift, ten full working shifts) in a higher class pursuant to one or more such assignments, he shall thereafter be paid while so assigned to such higher class the rate of pay attached to such higher class. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of his assignment to the higher class at the rate of pay assigned to such higher class.

(c) Before ordering any such assignment to a higher class for which entitlement to qualifying service credit or a higher rate of pay is sought, or promptly after such an assignment if ordered under emergency conditions, the appointing authority shall execute, and file with the Chief Administrative Officer for his approval, a written statement of such assignment setting forth the assigned employee's name and permanent class, the class and position to which he has been assigned, the period for which the assignment or extension is to be or has been made, and the certification of the appointing authority that:

(1) The assigned employee will perform, during the entire period of such assignment, substantially the full range of the duties and responsibilities of the higher class,

(2) The duties and responsibilities of the position of the absent employee are of such nature that they cannot be held over until the absent employee returns to duty, and

(3) It is not practicable to assign the duties of the absent employee to any other employee or employees in the same or a higher class. No assignment under this section shall be considered for qualifying service credit or any higher rate of pay unless such statement has been filed, and approved by the Chief Administrative Officer, as provided herein.

(d) The provisions of this section relating to compensation shall not apply to an employee assigned to a position in a higher class the rate of pay for which is fixed in accordance with the second paragraph of Section 809 of the Charter. Such an employee shall be paid the rate of pay applicable to the higher class during any such assignment.

(e) In the computation of qualifying service rendered, or the amount of the higher pay to which an employee may be entitled, on assignment hereunder, only full days or shifts of actual duty shall be included, and part days or shifts shall not be combined to make full days or shifts. Time on leave occurring during any assignment shall not be included in any such computation.

(f) A qualifying period and/or rate of compensation different than that previously provided in this section may be established by a salary resolution, memorandum of understanding or other action of the Council. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1663; Am. Ord. 6334, 1963; Am. Ord. 6928, 1967; Am. Ord. 68-3, 1968; Am. Ord. 83-111, § 1, eff. 9-16-83; Am. Ord. 83-141, § 1, eff. 11-18-83; Added Ord. 89-135, § 1, eff. 12-8-89)

(a) A transfer of an employee from a position in one division of a department to a permanent position in the same class in another division in the same department may be made at any time by the appointing authority concerned. All such transfers shall be promptly reported to the Director.

(b) A permanent employee may be transferred from a permanent position in one department to a permanent position in the same class in another department with the approval of the appointing authorities concerned.

(c) A permanent employee may request transfer consideration from a permanent position in one class to a permanent position in another class, the transfer being either within one department or between departments. The appointing authority or authorities concerned must approve such appointment. The employee must either have once held permanent status in the class to which transfer is being sought and maintained continuous permanent City employment since or the transfer is to an equal or lower class for which the employee meets the minimum qualifications as determined by Human Resources. For purposes of this section, "equal or lower class" means a class having a top step equal to or lower than the top step of the class from which transfer is sought. "Top step" equals base pay only at the highest step in the pay range. It excludes vacation, sick leave, pension, disability payments, premium pay, anticompaction pay, allowances, benefits, or other forms of compensation which is/are either now or hereafter provided by the city;

(d) A permanent employee may be transferred from a position in one class to a position in another class, the transfer being either within a department or between departments, if the appointing authority or authorities concerned and the Director of Administrative Services approve. No such transfer shall be made without the consent of the employee if a reduction in salary will result.

(e) Except where an employee is transferred pursuant to subsection (a) of this section or is transferred without his or her consent, an employee transferred pursuant to this section shall be required to serve a probationary period, as provided in this article, in the position to which transferred, during which time he shall be subject to the same conditions as required on an original appointment except that his rights and privileges already earned shall not be affected. If the transferred person is terminated during the probationary period in the position to which he was transferred, he shall have the right to return to his/her former position; provided, however, that if such former position shall have been abolished, then such employee shall be deemed laid off and his/her name placed on the reinstatement list for the class of such former position in the manner provided in this article for laid-off employees.

(f) Transfers authorized by this section may be made at the request of the employee, if approved by the appointing authority or authorities concerned. Except as provided in subsection (c) of this section, such transfers may also be made upon the initiative of an employee's appointing authority without the consent of the employee whenever the appointing authority deems the transfer to be for the good of the service.

(g) Notwithstanding any other provisions of this article, a transfer made pursuant to this section may be made even though an eligible list exists for the position to which the transfer is made. A request for transfer pursuant to this section shall be considered and determined prior to the making of an appointment to such position from such an eligible list.

(h) Notwithstanding any provision of this section to the contrary, any police officer assigned to motorcycle duty on August 31, 1981, shall be deemed eligible for appointment to the class of Police Specialist. (Rep. and Added Ord. 6128, 1962, based on former Secs. 2-1660 and 2-1661; Am. Ord. 73-116, §§ 14, 15, eff. 9-2-73; Am. Ord. 76-53, § 5, eff. 7-11-76; Am. Ord. 81-113, §§ 1, 2, eff. 9-25-81; Am. Ord. 81-169, § 1, eff. 1-15-82; Am. Ord. 82-99, §§ 11—13, eff. 10-15-82; Amd. Ord. 95-33, § 15, eff. 5-12-95; Am. Ord. 95-62, § 12, eff. 9-22-95; Am. Ord. 96-50, § 14, eff. 8-16-96).

(a) An employee who becomes physically incapacitated for the performance of his duties may be transferred with the approval of the Chief Administrative Officer and the written consent of the employee to a position in the same or a lower class for which he is qualified. If no such position is available, the employee may be transferred with the approval of the Chief Administrative Officer and the written consent of the employee to a vacant position in a higher class provided the Director certifies that the employee has the qualifications required to perform the duties of the new position and the employee passes a qualifying examination. Such transfers may be made only if the City Physician finds that the employee meets the medical standards for the new position with no reservations upon the finding.

(b) Whenever an employee transferred pursuant to this section regains his physical capacity for the performance of the duties of the class from which he was transferred, he may, with the approval of all appointing authorities concerned, be retransferred to a position in his former class when a vacancy occurs. If the employee so regains his physical capacity and applies for retransfer and before retransfer is separated from his position for any reason stated in subsection (a) of Section 3-292, he shall be placed upon a reinstatement list for both positions under the provisions of Section 3-292. The regaining of physical capacity shall be determined under Section 3-288.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1662; Am. Ord. 71-8, 1971; Am. Ord. 73-122, § 1, eff. 9-16-73).

(a) Notwithstanding any other provision of this Code, the classes of Patrolman and Police Specialist in the Police Department shall have the status and relationship, and shall be subject to assignment of personnel from one such class to the other, as provided in this section.

(b) No person shall be a candidate for the class of police specialist unless he shall have attained permanent status as a Patrolman in the Police Department and shall have served as a Patrolman for the number of years specified as a qualification in the announcement of any examination.

(c) No person heretofore appointed or hereafter assigned to the class of Police Specialist shall attain permanent status in that class, but shall, at all times during his service as a Police Specialist, retain his permanent status of Patrolman.

(d) The promotional eligible list for the Police Specialist class shall be established and maintained in accordance with the provisions of this article, except as follows:

(1) Such list shall be utilized to establish eligibility for assignment in the manner herein provided, and not for appointment, to the class of Police Specialist, and shall be a continuing list having no expiration date;

(2) Names of candidates who have qualified in a promotional examination for placement on such list shall be placed on such list in alphabetical order, without reference to examination scores;

(3) The appointing authority may assign to a vacant position in the class of Police Specialist any eligible on such list;

(4) The name of any person whose name has remained on such list continuously for a period of three years without having received an assignment to Police Specialist shall be permanently removed from such list, and such person shall not thereafter be deemed eligible for appointment until he has again qualified for the list by examination under the usual procedures.

(e) A Police Specialist may be assigned by order of the appointing authority to a position in the class of Patrolman whenever the appointing authority determines such assignment is necessary or desirable for the good of the police service. The assignment order shall state the reason for the assignment and a copy of the order shall be delivered to the person assigned, who shall have the right, if he requests it, to a conference with the appointing authority or his designated representative, within thirty days after the assignment, but shall have no right of appeal from the appointing authority's decision. Upon such assignment the person assigned shall revert to his permanent status as a Patrolman and shall be compensated during such assignment at the highest step in the salary range for Patrolman but provided, that if the assignment order shall state that the assignment is for a stated period or for the duration of a specified emergency requiring augmentation of the patrol force, then during such temporary assignment, but not exceeding sixty days, the person so assigned shall continue to be compensated as a Police Specialist.

(f) Any Police Specialist who is assigned pursuant to subsection (e) shall have his name restored alphabetically to the promotional eligible list for Police Specialist, and shall, except as provided in subsection (d)(4), continue thereafter to be eligible for assignment to the Police Specialist class.

(g) Nothing contained in this section shall be deemed to preclude provisional appointments pursuant to Section 3-258, or temporary assignments pursuant to Section 3-260, to the class of Police Specialist.

(h) Notwithstanding any provision of subsection (d) of Section 2-1651.2 to the contrary, any police officer assigned to motorcycle duty on August 31, 1981, shall be deemed eligible for assignment to the class of Police Specialist.

(Added Ord. 71-9, 1971; Am. Ord. 81-170, § 1, eff. 1-15-82).

(a) Notwithstanding any other provision of this Code, whenever the class of Firefighter Trainee is created, the selection and appointment of persons to positions in the class, the tenure of employees in such positions, and their entitlement to employee benefits, shall be governed by this section.

(b) The class of Firefighter Trainee is a class created for the special purpose of providing an interim training class leading to ultimate appointment to the class of Firefighter. Subject to the limitation in subsection (e) on duration of service in the position, each position in the Firefighter Trainee class shall be deemed a full-time permanent position in the classified service in all respects, including membership in the Fire and Police Retirement System, except as otherwise provided in this section.

(c) Certification and appointment to positions in the Firefighter Trainee class shall be made only from an existing eligible list for the class of Firefighter. Whenever a vacancy exists in one or more positions in the Firefighter Trainee class the appointing authority may select and request certification for appointment of the names of one or more eligibles on such list, without regard to their relative standing on the list. This subsection shall not be deemed to preclude the filling of any Firefighter Trainee vacancy by transfer thereto of an employee who has qualified for such transfer under 3-261.

(d) Persons appointed to positions in the Firefighter Trainee class shall be subject to the probationary service requirements in this article; provided, that at any time after such appointment the appointing authority may appoint any Firefighter Trainee to a vacant position in the Firefighter class whenever he finds from a review and evaluation of the employee's service record that his performance merits such appointment. Employees so appointed to positions in the Firefighter class shall serve the same probationary period, and subject to the same conditions of probation, as required of other appointees to the Firefighter class.

(e) The name of a Firefighter Trainee who is terminated during his probationary period shall not be restored to the eligible list from which he was appointed or to any other eligible list. If a Firefighter Trainee is not terminated during probation, the Firefighter Trainee shall attain permanent status and shall be entitled to appointment, in the order of attainment of permanent status, to the first available vacant position in the Firefighter class, notwithstanding the existence of an eligible list for, or employees qualified under Section 3-261 for transfer to, such class.

(Added Ord. 74-37, § 1, eff. 4-21-74; Am. Ord. 76-26, § 2, eff. 4-25-76; Am. Ord. 78-40, § 2, eff. 4-14-78; Am. Ord. 2017-68, § 1, eff. 1-18-18).

(a) Notwithstanding any other provision of this Code, whenever the class of Police Officer Recruit is created, the selection and appointment of persons to positions in the class, the tenure of employees in such positions, and their entitlement to employee benefits, shall be governed by this section.

(b) The class of Police Officer Recruit is a class created for the special purpose of providing training and experience for employees leading to ultimate appointment to a position in the class of Police Officer. Each position in the Police Officer Recruit class shall be deemed a full-time permanent position in the classified service in all respects, including membership in the Fire and Police Retirement System, except as otherwise provided in this section.

(c) Certification and appointment to positions in the Police Officer Recruit class shall be made only from an existing eligible list for the class of Police Officer or Police Officer Recruit. If, in the judgment of the Chief Administrative Officer, it becomes necessary to establish a list for the class of Police Officer Recruit, the examination process used for establishing such a list shall be substantially similar to that used to establish the list for Police Officer. Whenever a vacancy exists in one or more positions in the Police Officer Recruit class the appointing authority may request certification for appointment of the names of one or more eligibles on such lists and make appointments based thereon without regard to their relative standing on the list. This subsection shall not be deemed to preclude the filling of any Police Officer Recruit vacancy by transfer thereto of an employee who has qualified for such transfer under Section 2-1651.1. No appointment to a position in the class of Police Officer Recruit may be made from the list for Police Officer if a current list for Police Officer Recruit exists, provided there are at least three names on such list.

(d) Persons appointed to positions in the Police Officer Recruit class shall be subject to the probationary service requirements in this article; provided, that at any time after such appointment and satisfactory completion of a prescribed course of instruction at the Police Academy, the appointing authority may appoint any Police Officer Recruit to a vacant position in the Police Officer class whenever he finds from a review and evaluation of the employee's service record that his performance merits such appointment. Employees appointed to positions in the Police Officer class from a position in the class of Police Officer Recruit shall serve the same probationary period, and be subject to the same conditions of probation as required of other appointees to the Police Officer class.

(e) The name of a Police Officer Recruit who is terminated during his probationary period shall not be restored to the eligible list from which he was appointed and shall be removed from the list for Police Officer if he is on such list. If a Police Officer Recruit is not terminated during probation, he shall attain permanent status and shall be appointed, in the order of his attainment of permanent status, to an available vacant position in the Police Officer class, each such appointment alternating one for one with appointments from the eligible list for Police Officer. The provisions of Section 3-275(b) shall not apply to an employee terminated during his probationary period as a Police Officer after appointment from a position in the class of Police Officer Recruit in which the employee obtained permanent status.

(Added Ord. 75-97, § 1, eff. 10-26-75).

(a) Notwithstanding any other provision of this Code, the selection, appointment and tenure of employees in the Police Cadet program shall be governed by this section.

(b) The classes of Police Cadet I and Police Cadet II are created for the special purpose of providing training and experience to incumbents and are designed ultimately to lead to appointment to a full-time permanent position in the Police Department. Each position in the Police Cadet series shall be a permanent full-time position, except as otherwise provided in this section.

(c) Certification and appointment to positions in the Police Cadet I class shall be made from an eligible list established for the class of Police Cadet I. Whenever a vacancy exists in one or more positions in the Police Cadet I class, the appointing authority may request certification for appointment of the names of one or more eligibles on such list and make appointments based thereon without regard to their relative standing on the list.

(d) Persons appointed to positions in the Police Cadet series shall be required, as a condition of employment, to participate in prescribed on-going training and education activities designed to prepare a Police Cadet for appointment to a full-time permanent position in the Police Department. Employment in the series of Police Cadet shall be limited to four calendar years (48 months) during which period a Police Cadet shall be examined and appointed to a full-time permanent position in the Police Department or shall be terminated from the program. Employment in the program may be extended beyond the four-year period only until such time as a vacant full-time permanent vacancy becomes available in the class for which the Police Cadet has been examined and deemed eligible for appointment.

(e) The name of a Police Cadet who is terminated from the program shall not be restored to the eligible list from which that individual was appointed and shall be removed from the eligible lists for Police Officer, Police Officer Recruit, Academy Trainee, Emergency Service Dispatcher, Community Services Officer, Property and Evidence Technician, Neighborhood Services Representative and Identification Technician. The provisions of Section 3-275(b) shall not apply to an employee terminated during the probationary period in any full-time permanent position if appointed directly from a position in the class of Police Cadet.

(Added Ord. 91-117, § 1, eff. 12-13-91; Am. Ord. 93-63, § 1, eff. 11-5-93; Am. Ord. 2002-18, § 1, eff. 4-29-02).

Any department head, with the approval of the Chief Administrative Officer, may employ such persons as may be needed in any emergency without complying with the provisions of this article governing appointment. Such emergency appointments shall be reported to the Director within twenty-four hours, and shall not exceed fifteen days' duration.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1650).

(a) Where a vacancy exists in a position which requires the person employed therein to render professional, scientific, technical or expert services of a peculiar or exceptional character, the Director may, if satisfied that the position can best be filled by the selection of some designated person of recognized attainments, authorize appointment to be made to such position by the appointing authority without the creation of an eligible list by competitive examination.

(b) For the classes of Police Sergeant, Police Lieutenant. Police Captain, Deputy Police Chief, Firefighter Specialist, Fire Captain, Fire Battalion Chief, and Fire Deputy Chief, and

(c) For all units, groups, or classes not specifically listed in (b) above: When the number of applications received from qualified applicants exceeds the "Rule of" by five or less, the Director may suspend competition, thereby providing all qualified candidates directly to the appointing authority with equal standing for hiring consideration. Qualified candidates shall be placed upon the eligible list in alphabetical order by last name.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1651; Am. Ord. 95-10, § 4, eff. 3-3-95; Am. Ord. 95-33, § 16, eff. 5-12-95; Am. Ord. 95-62, § 13, eff. 9-22-95; Am. Ord. 95-99, § 1, eff. 1-19-96; Am. Ord. 96-50, § 15, eff. 8-16-96; Am. Ord. 2010-13, § 6, eff. 6-14-10).

(a) The Chief Administrative Officer may for purposes of training, job enrichment, personnel exchange, or other reasons deemed to benefit the city:

(1) Assign an employee holding a permanent position in the management and confidential unit to work for a private or public entity pursuant to a contract executed by the Chief Administrative Officer which shall require the assigned employee's full salary and retirement benefits be paid by the entity to which assigned, and which shall set forth all other terms and conditions of the assignment.

(2) Release an employee holding a permanent position in the management and confidential unit from city service to work for a private or public entity on such terms and conditions as the Chief Administrative Officer may specify in writing. An employee released from city service under this subsection shall have the same rights and benefits, including reinstatement rights and retirement benefits, as do employees absent on military leave pursuant to Section 3-111 of this Code, except that such rights and benefits shall not accrue when the employee does not return to city service at the end of the authorized release period.

(b) No assignment or release under this section shall exceed one year.

(Added Ord. 73-116, § 16, eff. 9-2-73; Am. Ord. 83-33, § 1, eff. 4-15-83).

(a) A part-time employee paid on an hourly or per diem basis holding a position in the class of Waste Collector on October 16, 1979, who completed at least 1040 hours of service in that class during the eighteen-month period prior to October 16, 1979, shall be rated on his performance in that class by his department head on a form provided by the Director. Such rating shall reflect the employee's qualifications as exhibited by his performance during such period, for permanent appointment to a position in the class of Waste Collector.

(b) The final performance rating given under subsection (a) shall be the employee's examination grade. Employees who receive a grade of seventy or higher shall have their names placed at the top of the eligible list for the class in the order of their respective examination grades. Appointed of any such eligible from an eligible list created pursuant to the above shall be in accordance with the appropriate provisions of this article.

(c) Any such employee, as defined in subsection (a), who fails to achieve a position on an eligible list, due to a final performance rating which does not qualify him for such placement, shall be dismissed from employment.

(d) An employee who qualifies for placement on an eligible list in accordance with this section may be removed from his part-time position only for cause, subject to a right to appeal such termination to the Civil Service Board, as provided in this article.

(e) This section shall not apply to any employee whose position is funded, in whole or in part, by another governmental agency. (Added Ord. No. 74-82, § 1, eff. 9-22-74; Am. Ord. 76-122, § 1, eff. 1-16-77; Am. Ord. 79-189, § 1, eff. 1-40-80).

(a) Part-time employees paid on an hourly or per diem basis holding temporary positions in the class of either Recreation Leader or Recreation Specialist on December 1, 1987, who completed at least 1040 hours of continuous service in either class during the eighteen-month period prior to June 1, 1989, shall be rated on their performance in that class by the department head on a form provided by the director. Such rating shall reflect employees' qualifications, as exhibited by their performance during such period, for permanent appointment to positions in the class of Recreation Leader or Recreation Specialist.

(b) The final performance rating given under subsection (a) shall be the examination grade. Employees who receive an overall grade of seventy or higher shall have their names placed on the eligible list for Recreation Leader or Recreation Specialist in order of their respective examination grades. Appointment of any such eligible from an eligible list created pursuant to the above shall be in accordance with the appropriate provisions of this article.

(c) Such employees, as defined in subsection (a), who fail to achieve a position on an eligible list, due to final performance ratings which do not qualify them for such placement, shall be dismissed from employment.

(d) An employee who qualifies for placement on an eligible list in accordance with this section may be removed from a permanent position only for cause, subject to a right to appeal such termination to the Civil Service Board, as provided in this article. (Added Ord. 89-130, § 1, eff. 11-17-89).

(a) Except as otherwise provided in this section, all employees appointed to permanent positions in the classified service are subject to a probationary period of one year, or such lesser period as may be designated by resolution of the Council for employees appointed, on or after July 1, 1974, to permanent positions in classes specified in such resolution.

(b) The appointment of any person on a reinstatement list to the position in which he held permanent status immediately prior to his placement on such list shall not be subject to a probationary period; nor shall the appointment of any person from a reinstatement list to a position in the same department and having the same class title as that held by him immediately prior to his placement on such list be subject to a probationary period.

(c) The probationary period for any person appointed to a part-time permanent position or to an intermittent position shall be for a period of actual service equal to the probationary period established for a full-time permanent position in the same class. For the purpose of this subsection, a probationary period of one year shall equal 2080 hours of work, not including overtime, and a probationary period of six months shall equal 1040 hours of work, not including overtime.

(d) The probationary period shall be an essential part of the examination process and shall be used for the effective adjustment of the employee and for the elimination of any probationary employee whose performance fails to meet the required standard of work. Time spent on any leave of absence, or time during which an employee is unable to perform the full range of duties due to injury or illness whether or not job-related, shall not be considered as a part of any probationary period, and such time will be added to the probationary period. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1639; Am. Ord. 72-20, 1972; Am. Ord. 74-68, § 1, eff. 8-26-74; Am. Ord. 82-99, § 14, eff. 10-15-82; Am. Ord. 83-92, § 1, eff. 7-22-83).

Any probationary employee may be terminated by the appointing authority during the probationary period for reasons related to such employee's qualifications or the good of the service, or for failure to demonstrate merit, efficiency, fitness or moral responsibility. Notice of such action, accompanied by the statement of the specific reasons therefor, shall be approved by the Chief Administrative Officer and filed by the appointing authority with the Director, and a copy shall be served upon such employee.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1640).

An employee may be transferred during his probationary period from a permanent position in one department to a permanent position in the same or lower class in the same or another department. Such employee shall be required to serve a full probationary period as required in this article in the position to which transferred, during which time he shall be subject to the same conditions as required on an original appointment except that privileges already earned shall not be affected. Transfers pursuant to this section shall be subject to the provisions of subsections (c) or (d), and subsection (g), of section 3-261.

(Rep. and Added Ord. 6128, 1962; Am. Ord. 78-120, § 1, eff. 9-1-78; Am. Ord. 82-99, § 15, eff. 10-15-82).

(a) The name of a terminated probationary employee shall not be restored to any list unless he was appointed from a reinstatement list in which case his name shall be restored to such list in the place to which he would be entitled if the termination were an original layoff, or, if the sole reason for the termination is that the position has been abolished or a decision made not to fill the position, the terminated employee's name shall be restored to its former place on the eligible list from which he was appointed, if such eligible list has not expired.

(b) A probationary employee who is terminated for any reason, and who, immediately prior to his appointment to the position, held permanent status in a position in another class in the city service, shall have the right to resume his permanent status in such former position if the appointing authority for such former position gives his written consent thereto, and provided that such former position has not been abolished and is either vacant or temporarily filled by a provisional appointee; otherwise he shall be placed, at his request, on the reinstatement list for the class of such former position as if he, as of the date of his probationary termination, had been laid off from such former position. Election to resume his former position, or to be placed on the reinstatement list, as the case may be, shall be made by the employee within ten calendar days after notice is given to him of his termination, which notice shall advise him of his rights under this subsection. Notwithstanding the foregoing, if the termination is from a promotive position, the employee shall resume the position from which he was promoted, but if such former position shall have been abolished, his name shall be placed on the reinstatement list for the class of such former position.

(Rep. and Added Ord. 6128, 1962, based on former Secs. 2-1642 and 2-1644; Am. Ord. 73-116, § 17, eff. 9-2-73).

An employee who has passed a promotional examination and received an appointment to the position, and who fails to qualify during his probationary period in the new class, shall not be permitted to take the examination for the same position for a period of one year following the date of the order of his termination.

(Rep. and Added Ord. 6128, 1962).

(a) Any employee who has achieved permanent status in the city service and is thereafter appointed to a position in the unclassified service, may, at any time within six months of appointment to said position in the unclassified service, resign such position and be reinstated to a position in the classified service previously held by the employee.

(b) In the event an employee in the unclassified service elects to exercise the option provided under subsection (a) of this section and is reinstated to a position in the unclassified service, the provisions of Section 3-291(b) shall be applied in order to accommodate such reinstatement.

(c) In the event of a general reduction in force or layoff, other than by reorganization or elimination of individual positions, a represented employee in the unclassified service whose permanent position is eliminated shall have the same rights, under the same conditions, as provided to classified employees pursuant to Section 3-291, except that nothing herein shall restrict the appointing authority's ability to determine the positions in the unclassified service to be eliminated. This provision shall not apply to represented employees in Bargaining Unit 14, hired by the City on or after December 30, 2013.

(d) A Council Assistant shall be automatically terminated from City service no later than when the appointing Councilmember's successor assumes office. This provision shall not prohibit a Council Assistant from being reappointed by another Councilmember or in any other position in City service.

(Added Ord. 81-50, § 1, eff. 5-22-81; Am. Ord. 2010-14, § 1, eff. 6-14-10; Am. Ord. 2014-8, § 1, eff. 2-19-14; Am. Ord. 2015-33, § 1, eff. 11-19-15).

(a) When an eligible certified for an appointment shall fail, within seven calendar days, to answer any inquiry of the Director relative to his availability for certification, he shall be deemed to have declined the appointment. If, after having accepted an appointment, such an eligible fails to present himself for duty at the time agreed upon, he shall, unless the time is extended by the appointing authority, be deemed to have declined the appointment.

(b) A person whose name has been removed from an eligible list for failure to respond to a certification may request that his name be restored to such list. The request shall be in writing and shall state satisfactory reasons for failure to respond. The Director may, in his discretion, approve or deny such request.

(Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1645; Am. Ord. 73-117, § 8, eff. 9-2-73).

Whenever an employee resigns from the city service he shall execute the necessary forms prescribed by the Director for termination purposes. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1653).

(a) Prior to the final determination by the appointing authority to initiate disciplinary action against an employee having permanent status, in the form of a fine, suspension, or removal, the appointing authority shall serve personally upon the employee who is the subject of such proposed action, or, if the employee cannot with reasonable diligence be found, shall mail to said employee at the employee's address, as shown by records maintained by the Department of Personnel and Labor Relations, a Notice of the Proposed Action, which Notice (1) shall be on a form prescribed or approved by the Director, (2) shall advise the employee of the reasons for the proposed action, (3) shall include the charges against the employee and have attached thereto and incorporated therein by reference any written material upon which the proposed action is based, and (4) shall advise the employee that imposition of the proposed action shall be stayed for a period of seven calendar days from the date of service or mailing of the Notice during which time the employee may respond to the charges, either orally or in writing, to the appointing authority. The Director shall, at the written request of such employee, prior to expiration of such period and for good cause shown, extend the period during which the proposed action is stayed and during which such employee may respond to the charges. The Director may, at his sole discretion, extend such period to facilitate fair administration of the disciplinary process. The stay, whether for seven calendar days or for such greater number as an extension granted by the Director may permit, shall be deemed terminated upon earlier receipt and review by the appointing authority of the employee's response to the charges, whether such response is made orally or in writing.

(b) Any written response by the employee to the charges shall be filed by the employee with the appointing authority not later than the end of the period during which imposition of the disciplinary action has been stayed. Such response shall be subscribed by the employee and shall declare under penalty of perjury that the assertions of fact contained therein are true and correct.

(c) Upon receipt of a timely response filed by the employee, whether oral or written, and after giving consideration to the response filed, or upon expiration of such period in the event the employee has not filed a response, the appointing authority may proceed to impose disciplinary action in accordance with the provisions of Sections 3-282 through 3-290 of this Code.

(d) In those extraordinary circumstances, wherein the appointing authority determines immediate disciplinary action is necessary against an employee having permanent status as a result of accusations against such employee involving misappropriation of public funds or property, drug addiction, mistreatment of persons in the custody of the employee, physical assault upon another employee or a member of the public, or action which would constitute a felony or misdemeanor involving moral turpitude, the appointing authority may proceed to impose disciplinary action in accordance with the provisions of Sections 3-282 through 3-290 of the Code without compliance with the procedure set forth in this section. (Added Ord. 75-125, § 2, eff. 1-4-76).

(a) The appointing authority may, subject to the approval of the Chief Administrator Officer and the provisions of the Charter, suspend for disciplinary reasons, without pay, an employee under his jurisdiction for a reasonable time, not exceeding thirty days, for any one offense and at any one time; provided, however, that when an employee is charged with the commission of a crime, the appointing authority, subject to the approval of the Chief Administrative Officer and the provisions of the Charter, may suspend such employee, without pay, until the charge against him has been finally determined or otherwise terminated. If such employee is convicted, or enters a plea of nolo contendere, he shall receive no compensation for the period of time he shall have been under suspension, and shall again be entitled to compensation only from and after the effective date of his reinstatement after further proceedings for suspension or removal in conformity with this article. If such employee is acquitted, his suspension shall be lifted and his pay which has been withheld shall be restored, less any sums earned by the employee in other employment during such suspension. Any employee suspended pursuant to this section shall be served with an order of suspension in the same manner as provided in this article for orders of removal, and the same rights and procedures for answer and hearing shall apply. In lieu of suspension a department head may fine an employee not more than one hundred dollars ($100.00) for any one offense. The amount of the fine may be increased by mutual agreement between the City and a particular bargaining unit through an approved Memorandum of Understanding, Side Letter of Agreement, or authorized Resolution of the Council. Any employee upon whom such a fine has been imposed shall have the same right of answer and hearing as in the case of a suspension without pay. All fines levied under this section shall be deposited in the general fund of the city.

(b) Except as otherwise provided in this section, no employee shall be suspended from his position for disciplinary reasons for any cause under the provisions of this article for a period of longer than thirty calendar days. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1654; Am. Ord. 79-51, § 1, eff. 4-27-79; Ord. No. 94-95, § 1, effective 11-11-94).

(a) The appointing officer, subject to the approval of the Chief Administrative Officer and the provisions of the Charter, may remove any permanent employee under his jurisdiction for any cause provided in this article and, within ten calendar days thereafter, he shall file with the Board an order of removal, stating the cause or causes on which the order is based. Within such period of ten calendar days, the removed person shall be served personally with a copy of the order of removal; provided, that if he cannot with reasonable diligence be found, then a copy thereof shall be mailed within such period to his last known address. Such mailing shall be deemed to be equivalent to personal service. Proof of such service shall be filed with the Board.

(b) The person so served may file with the Board, within fifteen calendar days of the service upon him of an order of removal, a written answer to the allegations and charges in such order and a demand for an appeal hearing. The written answer shall specify the allegations in the order which are disputed and shall contain denials thereof or contrary allegations, and if the extent or degree of disciplinary action is disputed, the reasons for such dispute. The Director may provide a standard answer form, which, upon approval of its use by the Board, shall be used by the appellant. If, in the opinion of the Secretary of the Board, an appeal fails to comply substantially with the requirements of this subsection, the Secretary may give written notice of such insufficiency to the appellant at any time within five calendar days after the appeal is presented, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within five calendar days of the date of personal service or within ten calendar days of mailing of such notice of insufficiency shall constitute a waiver of the right of appeal or the right to challenge any portion of the order, as the Secretary shall designate in the notice. The Secretary of the Board shall immediately serve one copy of any appeal on the appointing officer. The Board may adopt rules and regulations designed to clarify, simplify, and limit the issues before the Board. A failure to timely file such an answer and demand shall terminate the right to a hearing and the order shall be deemed final. Pending any hearing for reinstatement, the removed person shall receive no compensation. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1655; Am. Ord. 71-78, 1971; Am. Ord. 83-117, § 3, eff. 9-30-83).

(a) An approved memorandum of understanding between the Council and an appropriate employee unit may provide that a permanent employee holding a position within such unit who has been served with an order of removal, suspension, demotion or fine in lieu of suspension may, in filing a written answer and demand for an appeal hearing with the Board pursuant to subsection (b) of Section 3-283, expressly waive his right to a hearing before the Board and demand that his appeal be governed by the provisions of this section and be heard by a hearing officer selected as provided in subsection (b) of this section, which demand shall be on a form provided by the Director. The hearing officer shall regulate the conduct of the hearing process. The hearing officer shall set the date, time and place of the hearing, which place shall be on city premises, and shall, by certified United States mail, postage prepaid, give not less than ten days' notice of such date, time and place to the appellant, or his designated representative, the appointing authority and the Director. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. Such hearing shall not be subject to the provisions of Section 3-284. The hearing officer shall, within thirty (30) calendar days of the close of the hearing, file with the Board his findings of fact and decision recommending affirmation, modification, modification with conditions, or revocation of the order, and shall mail a copy of his findings and decision to the appellant and to the appointing authority. At its next regular meeting after the filing of such findings of fact and decision with the Board, or on the date to which the matter may have been continued by the Board, the Board shall, without taking evidence or hearing argument on behalf of either the appellant or the appointing authority, consider the findings of fact and decision of the hearing officer and either affirm, modify, modify with conditions, or revoke the order. Notice in writing of the decision of the Board shall be mailed to the appellant and the appointing authority and shall be filed with the Director.

The decision of the Board shall be final for all purposes unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision within thirty calendar days of the date of mailing of the notice of decision to appellant and the appointing authority.

(b) The hearing officer shall be selected as follows: The city, by and through the Chief Administrative Officer or his designated representative, and the employee or the recognized employee organization ("Organization") representing employees pursuant to Article 6 of this chapter, on behalf of the employee and with the employee's written concurrence and acceptance of the procedure and obligations set forth herein, shall request a list of neutrals from the State Conciliation Service or the American Arbitration Association. Such list shall be requested within five working days of receipt of an employee's appeal demanding a hearing before a hearing officer. The Chief Administrative Officer, or his designee, and the employee, or the Organization upon written authorization by the employee, shall meet not later than three working days after they have received the list and, utilizing the alternate strike method with the party striking first determined by the toss of a coin, shall select the hearing officer. Should the person selected as the hearing officer be unavailable to commence the hearing process within three weeks of the date of his selection, the parties shall request another name from the State Conciliation Service or American Arbitration Association and shall proceed again through the list as provided above. Should the hearing officer thereafter selected be so unavailable, another list of neutrals shall be jointly requested and the selection process repeated. The fees and expenses of the hearing officer shall be shared equally by the parties, the employee paying, through payroll deduction over a period not to exceed twelve payroll periods or through deduction from any sum payable to the employee upon removal or upon resignation prior to satisfaction of the employee's obligation hereunder, half such fees and expenses (or such other portion as determined by the hearing officer and concurred in by the Civil Service Board as provided below); except as the Organization has, prior to the striking of names, indicated in writing to the Director its acceptance of such responsibility, in which event such amount shall, over a period not to exceed six months, be deducted from monies payable to the Organization pursuant to Section 3-620 and any applicable memorandum of understanding. The hearing officer may apportion fees and expenses on other than a fifty-fifty basis, subject to the concurrence by the Board. Should the Board not concur, such fees and expenses shall be shared equally by the parties. The decision of the Board shall be final. (Added Ord. 77-23, eff. 3-27-77; Am. Ord. 81-42, § 1, eff. 5-7-81)

(a) Each hearing upon an appeal from any order of suspension, fine, demotion, or removal and the answer thereto shall be had as soon as practicable after the answer is filed. The Board or the Secretary of the Board shall fix the time and place for such hearing, and not less than ten days' notice of the time and place of such hearing shall be given to the appointing officer, the City Attorney, and to the appellant or his representative of record. Each party may be heard in person or by representative, and produce witnesses and evidence on his behalf.

(b) If the appellant shall fail to appear, either personally or by his representative, at the time and place described in the notice of the hearing or in any order of the Board or written stipulation of the parties filed with the Board, and if it shall appear that the notice of the hearing or any continuance thereof ordered by the Board was duly served upon or known to the appellant or his representative, the Board shall dismiss the appeal, and the order appealed from shall thereupon be deemed final.

(c) The Board shall regulate the conduct of hearings so that the same will not be necessarily prolonged. Continuances of the hearing may be granted by the Board on motion of either party for good cause shown or on the Board's own motion. A request for continuance by stipulation of the appellant and the appointing officer or their representatives may be granted by the Chairman of the Board.

(d) The Board may confine witnesses in their testimony to the matters under consideration, and shall not be bound by the technical rules of the evidence and pleading, and may refuse to hear cumulative testimony. Oral evidence may be heard only on oath of affirmation. During the course of the hearing the Board may visit any place involved in the proceedings and may there receive oral testimony of any sworn witness. Unless express written waiver is received from both parties, the hearing shall be recorded by a court reporter or electronic process.

(e) The Board may affirm, modify, modify with conditions, or revoke the order. The decision of the Board shall be final for all purposes unless a court review thereof is sought within thirty days after such decision is entered into the minutes of the Board. Written findings and decision shall be rendered by the Board and copies thereof shall be delivered to the appellant and the appointing officer and filed with the Director. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1656; Am. Ord. 71-78, 1971).

The appointing officer, subject to the approval of the Chief Administrative Officer and the provisions of the Charter, may demote a promotional appointee who has attained permanent status in a promotive position to the position he occupied on a permanent status prior to his promotional appointment, for any cause for which he might have been suspended or removed from such position. Any employee demoted pursuant to this section shall be served with an order of demotion in the same manner as provided in this article for orders of removal, and the same rights and procedures for answer and hearing shall apply. (Rep. and Added Ord. 6128, 1962; based on former Sec. 2-1657).

(a) Any employee holding a position in the classified service may be suspended without pay or removed from such position for malfeasance, misconduct, incompetence, inefficiency, or for failure to perform the duties of his position or to observe the established rules and regulations in relation thereto, or to cooperate reasonably with his superior or fellow employees.

(b) Malfeasance and misconduct shall be deemed to include, for the purposes of this section, but shall not be construed to be limited to the following acts or omissions:

(1) Failure to pay just debts or failure to make reasonable provision for payment of just debts, whenever such failure causes garnishment or threats of garnishment of the employee's salary or wages or repeated creditors' inquiries to any supervising employee or department.

(2) Conviction of a crime involving moral turpitude. "Conviction" shall be construed to be a determination of guilt by jury verdict, by decision of a court, or by plea of guilty by the accused, regardless of subsequent disposition of the case by suspension of sentence, grant of probation, or otherwise. The words, "moral turpitude" shall be construed to mean any base, vile, lewd, depraved, dishonest, immoral, or corruptly-motivated act.

(3) The damaging of public property or the waste of public supplies through negligence or wilful misconduct.

(4) Conduct unbecoming an officer or employee of the city.

(5) Inexcusable absence without leave.

(6) Violation of any provision of the Charter or of any ordinance of the city or of any resolution adopted by the Council relating to conduct in office of persons employed in the classified service.

(7) Insubordination by refusal or wilful failure to obey any lawful and reasonable order or directive made and given by any superior officer.

(8) Dishonesty, by any wilful misuse or misappropriation or attempted misuse or misappropriation of public funds or public property, by the rendering of any wilfully false statement or report to the city or to any superior officer, or by the willful omission to report information or to disclose facts which the duties of the position require to be reported or disclosed.

(c) Incompetence shall be deemed to include, for the purposes of this section, any permanent or chronic physical or mental ailment or defect which incapacitates any employee for the proper, safe and efficient performance of the duties of his position.

(d) It shall be the duty of every employee to maintain his physical condition so as to conform to the physical standards established for his position, and failure by any employee to so maintain his physical condition shall be deemed a failure to observe the established rules and regulations in relation to his position within the meaning of this section. (Rep. and Added Ord. 6128, 1962; Am. Ord. 75-125, § 1, eff. 1-4-76).

The Chief Administrative Officer shall establish and maintain minimum physical requirements for applicants seeking appointment to, and for employees serving in, the various positions in the City service. Such requirements shall be known as the "Physical Standards." (Rep. and Added Ord. 6128, 1962; Am. Ord. 80-130, § 1, 10-3-80).

Whenever an appointing authority, from his personal observations or from information received from any source whatsoever, believes that an employee has contracted an ailment or disability, which may in any substantial degree interfere with the performance by him of the duties of his position or which may endanger the safety and life of fellow employees or the public, the appointing authority may request that such employee submit to a physical examination, given by the City Physician and based upon the duties of his position and the physical standards of the city. (Rep. and Added Ord. 6128, 1962).

Whenever the appointing authority determines that an employee is to be given a physical examination, he shall give to the Director a written notice in duplicate, stating the name of the employee, the employee's position and department, and the reasons for the belief that a physical examination is required. Immediately upon receipt of the notice the Director shall set a time and place for the examination and shall serve, or cause to be served, upon the employee a written notice of the time and place of the giving of the physical examination, together with a copy of the notice from the appointing authority. (Rep. and Added Ord. 6128, 1962).

Upon receipt of the report of the examining City Physician, the Director shall transmit a copy of the report to the appointing authority. If the examining City Physician finds in his medical report that the employee's physical condition does not conform to the physical standards established for his position or that the employee suffers from a permanent or chronic physical or mental ailment which incapacitates him for the proper, safe, and efficient performance of the duties of his position, the appointing authority may remove the employee from his position. The charges shall contain a copy of the report of the examining City Physician. (Rep. and Added Ord. 6128, 1962).

(a) The appointing authority, with the approval of the Chief Administrative Officer, may reduce the number of employees in the classified service upon the grounds of economy or because of lack of work or lack of funds, by laying off employees in any class in which he determines the curtailment is necessary. Lay-offs within a class shall be in the following order: Temporary, provisional, probationary status, permanent intermittent, permanent part-time, and permanent full-time. Where the lay-off must be of one or more permanent employees, the order of lay-off shall be determined by seniority in the particular class in the department where the lay-off occurs. Where an employee was employed in the same class, or in a class having identical job duties, in another department prior to his transfer to the department where the lay-off occurs, and his service has been continuous, such prior service shall be considered in computing his seniority for the purpose of determining the order of lay-off. Where an hourly employee has prior service with the city on a monthly basis, and his service has been continuous, his total service in the class shall be considered in computing seniority for lay-off purposes.

(b) An employee subject to lay-off in one department who has greater seniority than one or more employees in the same class in another department shall be transferred to the position held by the least senior employee in such class, and the least senior employee in such class shall be subject to lay-off.

(c) In the event an employee subject to lay-off does not qualify for transfer pursuant to the provisions of subsection (b) and such employee has previous service in a lower class, and his service has been continuous, the appointing authority shall demote the employee scheduled for lay-off to a position in such lower class. Any employee demoted pursuant to the provisions of this subsection shall be deemed the most senior employee in such lower class. In the event two or more employees are demoted pursuant to the provisions of this section, the employee with the most seniority at the higher class shall be deemed the most senior employee in the lower class. The employee with the least seniority occupying a position in the lower class may in turn be laid off, demoted or transferred, in the same manner to the end that the last person employed in the lowest class shall be the person laid off.

(d) The provisions of this section shall not apply to temporary lay-offs of hourly employees because of inclement weather or lack of work.

(e) A permanent employee transferred pursuant to the provisions of this section, except subsection (f), shall not be required to serve a probationary period. An employee who has not achieved permanent status and is transferred pursuant to this section shall serve the probationary period, subject to the same conditions of probation, applicable under the provisions of this article to an employee appointed to the class from an eligible list.

(f) Notwithstanding subsection (c), an employee subject to lay-off who does not qualify for transfer pursuant to the provisions of subsection (b) may submit a written request to be considered for transfer to any vacant position in a class for which the employee meets the minimum qualifications, as provided in the class specification, and as determined by the Director, provided such class has an equivalent or lower salary range. The employee may be transferred to the vacant position with approval of the appointing authority wherein such position exists, and subject to serving the probationary period for the new class. Seniority in the new class shall be determined based upon the effective date of the transfer. For purposes of this section, "equivalent salary range" means a range with a maximum salary which is not more than two per cent higher than the salary range for the class from which the transfer is sought. An employee may file a written request for review of the Director's determination that the employee does not meet the minimum qualifications required under this subsection. Such request for review must be filed pursuant to Section 3-249 of this Code. (Rep. and Added Ord. 6128, 1962; Am. Ord. 6299, 1963; Am. Ord. 81-112, § 1, eff. 9-25-81; Am. Ord. 82-99, § 16, eff. 10-15-82; Am. Ord. 83-118, §§ 1—3, eff. 9-30-83; Am. Ord. 83-125, § 1, eff. 10-14-83).

(a) Notwithstanding any other provision in this Code, any employee holding a permanent appointment who, by reason of economy, lack of work, budget curtailment, or departmental reorganization, has been laid off, transferred, or demoted from a position in the city service, shall be entitled to placement on a reinstatement list for the class from which he was laid off, transferred, or demoted. In the event more than one employee is laid off, transferred, or demoted, the order of their standing on the reinstatement list shall be determined by their comparative seniority in the particular class from which they were laid off or demoted.

(b) A person whose name has remained on a reinstatement list continuously for three years without reinstatement shall be no longer deemed to have standing on such list for preferential certification or appointment pursuant to Section 3-250 or Section 3-252(a)(1), and such person shall no longer have any right to reinstatement in any position in the class for which such list was created; provided, however, that such person shall thereafter be designated as an "optional appointee" and shall be deemed eligible for certification and appointment to the extent hereinafter provided, and, for such purpose only, his name shall remain on the reinstatement list. Whenever certification is made under Section 3-252, other than from the reinstatement list, to fill any vacant position in the class for which such reinstatement list was created, the name of each optional appointee on such reinstatement list shall be certified along with and in addition to the names of the eligibles certified from any eligible or promotional eligible list for appointment to such vacancy, and the appointing authority may appoint any such optional appointee to fill such vacant position. The name of a person who has been certified for appointment as an optional eligible four times and not appointed shall be removed from the reinstatement list.

(c) Upon reinstatement from a reinstatement list an employee shall resume his employment with full credit for all prior service with the city as such prior service affects his entitlement to salary and vacation, and shall be credited with sick leave credits equal to his unused accumulation of such sick leave at the time of his lay-off, except that any employee who had not achieved permanent status at the time of placement on the reinstatement list shall serve a full probationary period commencing from the date of the employee's permanent appointment from such list. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1677; Am. Ord. 68-14, 1968; Am. Ord. 78-120, §§ 2, 3, eff. 9-1-78; Am. Ord. 83-119, § 1, eff. 9-30-83).

(a) Meetings of the Board may be called at any time by the chairman or secretary, or any two members of the Board, upon giving twenty-four hours' advance notice to each member of the Board.

(b) Robert's "Rules of Order" shall guide the Board in its proceedings, except as may be otherwise prescribed in rules and regulations adopted by the Board. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1681).

The Secretary of the Board shall record in the minutes the time and place of each meeting of the Board, the names of the members of the Board present, all official acts of the Board, the votes given by the members, the record of any member's dissent, with his reasons, and shall cause the minutes to be written up forthwith and presented for approval or amendment at the next meeting. The minutes, or a true copy thereof, certified by the Secretary, shall be open to public inspection at all times. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1682).

The meetings of the Board shall be open to the public, but after a public hearing the Board may go into executive session to consider its judgment. When conducting oral interviews as part of the examining process, meetings shall be closed to the public. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1683).

Any person who obstructs a Civil Service Board proceeding shall be guilty of contempt of the authority of the Board. The following conduct shall constitute contempt of the authority of the Board and shall be punishable as a misdemeanor:

(1) Disorderly or contemptuous behavior toward the Board or member thereof, a city officer or employee, an attorney, an employee representative, a witness, or any other person, during a Board proceeding, tending to obstruct the due course of the proceeding;

(2) A breach of the peace, boisterous conduct, or violent disturbance during a Board proceeding or so near the place thereof as to obstruct the proceeding; or

(3) Any other conduct substantially interfering with a hearing of the Board.

The Board may order a person engaging in contemptuous conduct to cease and desist. Upon the person's willful failure and refusal to comply with the order of the Board, the Board may file a verified statement of the facts constituting the contempt with the Superior Court. Thereafter, the Court shall have jurisdiction of the matter. The same proceedings shall be had as in the case of a person who has committed a contempt in the trial of a civil action before a superior court. (Added Ord. 84-123, § 1, eff. 9-28-84).

Communication and requests to the Board shall be made in writing. All written communications shall be filed with the Director prior to a Board meeting and the substance of such request and the action of the Board thereon noted in the minutes. All communications and requests shall be promptly answered by the Director. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1684).

The Director shall:

(1) Be the general manager of, and be responsible for, the direction of, the work of the Department of Personnel and Labor Relations;

(2) Determine which examinations are needed and set the dates for holding them;

(3) Make certifications of those eligible for appointment or employment;

(4) Shall have charge of all matters pertaining to the preparation and conduct of examinations. He shall:

(i) Prepare or cause to be prepared and posted official bulletins announcing examinations;

(ii) Determine or cause to be determined the subjects in each examination and the relative weights of each;

(iii) Prepare or cause to be prepared suitable questions to be asked in the various examinations, and report the results of each examination;

(iv) Appoint experts to aid him in preparing questions and rating examination papers, whenever necessary, and appoint persons to serve on qualifications appraisal boards;

(v) Direct the work of examiners or the employees subordinate to him and take care to secure accuracy, uniformity and justice in their proceedings;

(vi) Pass upon all questions relating to the eligibility of applicants for examination, based upon their written application, except such as relate to particulars appearing on the face thereof, and also questions relating to the admissibility of candidates when they appear for examination;

(5) Be responsible for the maintenance of the classification plan;

(6) Conduct salary surveys. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1686; Am. Ord. 73-116, § 18, eff. 9-2-73).

(a) All appointments, promotions, transfers, and any other personnel action affecting employee status or compensation shall be made in writing on forms prescribed by the Director and in accordance with the provisions of this article. Each such personnel action shall be executed by the appointing authority, certified by the Director, and approved by the Chief Administrative Officer.

(b) The heads of the various departments shall certify that the payrolls of their respective departments are correct and in conformance with all applicable laws, rules, and regulations. The Controller, after audit of such certified payrolls, shall issue warrants for the amounts as indicated on the payroll. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1687; Am. Ord. 82-68, § 1, eff. 8-13-82).

Any department head knowingly and willfully violating any of the provisions of this article shall be personally liable to the city for any monies paid out by the city in violation thereof. (Rep. and Added Ord. 6128, 1962, based on former Sec. 2-1687).

(a) Exception made. Notwithstanding any of the other provisions of this Code, whenever compensation for any position in a new or existing class in the classified service is to be paid from a grant from any department or agency of the United States Government or the State of California, and the terms of the grant agreement for such grant or any program funded thereby impose conditions or restrictions, either mandatory or as suggested guidelines, upon the eligibility standards, qualifications, recruitment, or appointment of applicants for, or upon the status in the city service of incumbents in, such position, then such position may be denominated, authorized, and filled, and the incumbent shall have the status in the city service, all as provided in this section.

(b) Grant-funded position, authorization and status. The position shall be denominated by the job title for the class, followed by the words "Grant-Funded" in parentheses (for example, "Typist Clerk (Grant-Funded)"), and shall be authorized in the budget of the employing department under that denomination. Any position may be so denominated a grant-funded position and its authorization continued as long as at least fifty percent of the total cost of such position to the city is paid or reimbursed from a federal or state grant as described in subsection (a). Subject to such funding limitation on its duration, a grant-funded position shall be deemed a permanent position in the classified service in all respects except as otherwise in this section provided.

(c) Eligibility and selection standards. Eligibility of applicants for grant-funded positions shall be determined by the Director in accordance with this subsection, and shall be known and referred to as the "eligibility and selection standards." Applicants shall conform to all qualifications specified for the class in the class specifications and in this Code. In addition, the Director may specify such further conditions or restrictions upon eligibility, and such criteria for selection, as shall be necessary to meet any mandatory requirements for eligibility or suggested guidelines for selection imposed under the grant agreement or grant-funded program which is funding the position.

(d) Announcement required. Whenever a grant-funded position in any class has been authorized, the Director shall prepare an announcement giving notice of the availability thereof. The announcement shall specify the eligibility and selection standards for the position.

(e) Requisition and certification. Requisition and certification for grant-funded positions shall follow generally the usual rules and procedures provided in Sections 3-251 and 3-252 for the filling of permanent positions in the classified service, except as otherwise provided in this section. Notwithstanding the provisions of Section 3-252 the Director may certify for appointment to any grant-funded position a greater or lesser number of names than specified by such section, and the appointing authority may appoint any person on the list so certified but shall not be required to appoint from a certification containing fewer names than the minimum entitlement under such section.

(f) Certification from existing lists. The names of persons on any reinstatement, promotional, or eligible list for the class existing at the time the requisition is received who meet the eligibility and selection standards and who desire certification shall be certified first, and from the lists in the above order, for any grant-funded position. In the event that there are fewer names than the minimum entitlement mentioned in subsection (e) above, certification shall be from the reinstatement, promotional, eligible, and grant-funded eligible lists pursuant to the procedure in subparagraphs (4) and (6) of subsection (a) of Section 3-252. Any person on such a list who accepts appointment to a grant-funded position, or who declines certification or appointment thereto, shall retain his status on such list.

(g) Recruitment to establish grant-funded eligible list. If all authorized grant-funded positions cannot be filled from existing regular lists under subsection (f), the Director shall recruit applicants for examination to qualify for a special eligible list, to be designated a "grant-funded eligible list," from which to certify names for appointment to any remaining vacancies, or to any subsequently occurring vacancies which cannot be filled from any such regular lists. The Director shall utilize such recruitment methods as he shall deem necessary to obtain sufficient applicants who meet the legibility and selection standards, to comply with any special recruitment procedures required by the funding agency, and to give a reasonable opportunity to eligible persons to compete for the available positions. The Director may, by statement in the announcement, limit the applications to be received to a maximum number reasonably calculated to provide sufficient qualified candidates for the number of positions to be filled.

(h) Examination process. The Director shall cause candidates to be examined and qualified for certification by any means and measures which, in his opinion, generally comply with Section 3-231 and Section 1001 of the Charter. Sections 3-240, 3-241, 3-242, and 3-243 shall not apply to any examination given under this section.

(i) Grading. Examinees shall be graded to indicate their attainment in the examination process by such measures as shall be determined by the Director and stated in the announcement.

(j) Grant-funded eligible list. Candidates who receive a passing grade in the examination process shall have their names placed on a separate eligible list, designated as a "grant-funded eligible list," in the order of their final earned grades. Persons on such list shall be eligible for certification only to grant-funded positions in the class for which such positions were authorized. Such lists shall expire contemporaneously with the expiration of authorization of all grant-funded positions in the class, but shall be subject to reactivation, at the option of the Director, if any of such grant-funded positions shall be reauthorized within six months after their expirations.

(k) Probationary periods. All appointments to grant-funded positions shall be subject to a probationary period of one year which shall be deemed a continuation and an essential part of the examination process to determine the capacity and fitness of the employees for permanent status in the position and the class. All of the provisions of this article pertaining to probationary status shall apply to incumbents in grant-funded positions, except Section 3-274.

(l) Provisional appointment. Provisional appointment to a grant-funded position may be made, under and subject to Section 3-256(b), of any person who qualifies under the eligibility and selection standards for the position.

(m) Transfer. After satisfactory completion of his probationary period, an employee in a grant-funded position may be appointed, without further examination, to a vacant nongrant-funded permanent position in the same class. Such employee may be so appointed to a vacant nongrant-funded position in the same class, during his probationary period, if the Director certifies that the examination upon which his grant-funded appointment was based was the same as or substantially equivalent to that given to employees appointed to nongrant-funded positions in the same class. Such appointment may be made even though there is an unexpired eligible list for the class, but any such vacant permanent position shall first be offered to persons on any reinstatement list for the class.

(n) Existing Employees in Funded Positions. Persons employed in state or federally funded positions which qualify for authorization as grant-funded positions under this section may be qualified for appointment to their positions as grant-funded positions authorized pursuant to this section, provided such persons shall have taken and passed a competitive or noncompetitive qualifying examination. Such qualifying examination shall be such as the Director shall prescribe in substantial compliance with Section 3-231. (Added Ord. 71-95, 1971; Am. Ord. 72-39, 1972; Am. Ord. 91-118, § 1, eff. 12-13-91)