Fresno Municipal Code Art. X Civil Service System

The administrative Service of the City shall be divided into Unclassified and Classified Service:

(a) The Unclassified Service shall be comprised of the following officers, employees, and positions:

(1) The Chief Administrative Officer, his or her deputies, if any, the City Clerk, the City Attorney, his or her deputies, if any, Council Assistants and all management employees serving in a class which contains one or more positions at the division head level and above, including the heads of all departments created by the Council.

(2) Positions in any class or grade created for special or temporary purposes for a period of not longer than one year within any two consecutive fiscal years;

(3) Persons employed to render professional, scientific, technical, or expert services of any occasional or exceptional character;

(4) Part-time employees paid on an hourly or per diem basis .

(b) The Classified Service shall be comprised of all positions not specifically included in this section in the Unclassified Service.

(Amendment ratified 1971 General Municipal Election; approved, Assembly Concurrent Resolution No. 130, filed with Secretary of State on June 18, 1971, Res. Ch. 77, Stat. 1971.)

(Amendment ratified 1981 Municipal Election, March 3, 1981.)

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

All appointments to and promotions within the Classified Service shall be based upon efficiency and fitness which shall be ascertained by means of recognized personnel selection techniques.

Except as otherwise provided in this Charter, an officer or employee holding a position in the classified service may be suspended without pay, demoted, or removed from his 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 superiors or fellow employees, but subject to the right to a hearing before the Civil Service Board in the manner set forth herein.

An officer or employee suspended, demoted, or removed shall be given in writing the reasons for his suspension, demotion, or removal. He shall be allowed a reasonable time for answering the same and may demand a public hearing upon the charges before the Civil Service Board, such hearing to be held in accordance with procedures established therefor. Hearings may be conducted informally and the technical rules of evidence need not apply but the officer or employee whose suspension, demotion, or removal is sought may be heard in person, be permitted to be represented by counsel and to produce testimony in his own behalf.

The decision of the Civil Service Board upon any such hearing shall be final. Any action or proceeding brought to determine the validity of the decision shall be commenced in a court of competent jurisdiction within thirty days after the date of mailing of notice of the decision to the parties.

(Amendment ratified 1971 General Municipal Election; approved, Assembly Concurrent Resolution No. 130, filed with Secretary of State on June 18, 1971, Res. Ch. 77, Stat. 1971.)