National City Municipal Code Ch. 3.12 Employment

A. Appointments to vacant career positions in the competitive service shall be based on merit and fitness to be ascertained, so far as practicable, by competitive examinations.

B. Notice of time, place and general scope of every examination shall be posted in a conspicuous place, in the civic center, at the office of the appropriate department, and such other places as the personnel director deems appropriate not less than five working days prior to the last date for accepting applications to take such examinations.

C. Examination for the establishment of the eligible lists shall be competitive and of such character as fairly to test and determine the qualifications, fitness and ability of competitors actually to perform the duties of the class of position for which they seek appointment. Examinations may be assembled or unassembled, written or oral, or in the form of a demonstration of skill or any combination of these. Any investigation of character, personality, education and experience and any tests of intelligence, capacity, technical knowledge, manual skill or physical fitness may be employed.

D. The commission shall establish minimum standards for determining the fitness and qualifications of the employee for each class of position and for such purposes may require such certificates of citizens, physicians, public officers or others having knowledge of the applicant as the good of the service may require. It may require necessary documentary evidence of honorable discharge from the armed forces of the United States, possession of valid license for various purposes or other evidence of identification, fitness and qualification.

E. Examination papers of candidates are not subject to public inspection; however, within the provisions of the personnel rules, a candidate may compare his own answers against the correct answers for errors in scoring and may at a separate time review all nonstandardized questions and correct answers used in his examination.

F. Candidates may appeal to the commission their score on any phase of the examination including written, oral or performance examination or their rejection for consideration for candidacy upon the grounds of substantive irregularity, bias, fraud or error. Candidates' judgment of the suitability or appropriateness of the examination are not grounds for appeal. A candidate's appeal must be submitted in writing to the commission in the proper form and within the time limits established by the personnel rules and must state specifically and particularly wherein he/she believes the provisions of this title or the personnel rules have been violated or an error has been made. The decision of the commission shall be final. Appointments legally made from an appropriate list resulting from an examination shall not be invalidated if the eligible list is subsequently amended as a result of scoring or grading changes made by the civil service commission.

(Ord. 2022 (part), 1991; Ord. 1440 § 1, 1974; Ord. 1076 § 4(1), 1963)

A. Priority for consideration for employment shall be given to the various employment lists in the following order: recall lists, promotional lists, transfer lists, reemployment lists and open-competitive lists.

B. The recall list for any position consists of the names of probationary and career employees who have been laid off or demoted, for lack of work or lack of funds, from a position in the same class or an equivalent class to that in which the vacancy exists. Such names shall be placed on the recall list in reverse order of layoff and shall remain on the list for a maximum of three years. Employees whose positions have been reallocated to a lower class, but who have not been demoted for cause, shall also have their names placed on the reemployment list for the class from which their position was reallocated.

C. The promotional list consists of the names of career employees who have been successful in a promotional examination for a higher class.

D. The transfer list consists of the names of career employees who request transfer to another position for which they meet the qualifications and are at substantially the same salary range.

E. The reemployment list consists of the names of former career employees who request reinstatement to a formerly held or comparable classification for which they qualify.

F. The open-competitive list consists of the names of persons not employed by the city who have been successful in an examination, or of employees of the city who have passed the examination but who have not completed the initial probationary period in the competitive service, or in the case where an examination has been designated as open- competitive only, the names of all passing candidates, whether career employees, noncareer employees, or persons not employed by the city, shall be placed on the list in order of their scores.

G. Employment lists expire at such time as the civil service commission determines, provided that:

1. Names shall remain on the recall list for a period of not more than thirty-six months;

2. Promotional lists shall have an eligibility period of not more than twenty-four months.

3. Transfer, reemployment, and open-competitive list shall have an expiration date of not more than twelve months.

H. The appointing authority may, with the approval of the personnel director, reinstate to a vacant position any person who has resigned in good standing from a position in a class in the competitive service, provided that such re-instatement is accomplished within twelve months of the date of resignation.

(Ord. 2022 (part), 1991: Ord. 1943 § 3, 1988: Ord. 1076 § 4(2), 1963)

A. The city manager shall be the appointing authority. However, each department director shall recommend the persons to be hired for vacancies in his/her department consistent with the provisions of this title and the personnel rules. Appointments must be approved by the city manager.

B. When appointment is to be made to a vacancy in the competitive service, the names of the most qualified persons, based on the provisions of this title, who are willing to accept appointment shall be certified to the appointing authority in the order in which they appear on the employment lists consistent with the personnel rules. The appointment shall be limited to any of those certified candidates except, when the appointing authority finds none of the certified candidates acceptable, he/she may request that the personnel director authorize the certification of additional candidates from available eligible lists. Based upon the determination that the certified candidates have been fairly considered and that the certification of additional candidates will best serve the interests of the city and the civil service system, the personnel director may authorize the certifications of the next three highest eligible candidates consistent with the personnel rules.

C. In the event that there are less than five names on all available eligibility lists, the appointing authority may request that the personnel director again recruit and merge new eligibles onto the appropriate list consistent with the personnel rules.

D. In the absence of an appropriate and valid eligible list, the appointing authority may make a provisional appointment of a person meeting the minimum qualifications for the classification in which the vacancy exists. No person may be employed by the city under provisional appointment for a total of not more than one hundred eighty calendar days except that in the event of extreme critical conditions, a provisional appointment may be extended for an additional ninety-day period with the approval of the civil service commission. Except as provided above, eligible list shall be established as soon as possible for any permanent position filled by provisional appointment. No special credit or preference shall be allowed in any examination for service rendered under a provisional appointment. Provisional appointments are limited to initial entry into the classified service.

E. Appointments to noncareer positions may be, but need not be, made from appropriate eligible lists. Persons appointed to those positions shall not by virtue of this appointment be in the competitive service. Appointments of this type shall include employment for the replacement of employees on leave of absence or during the period of suspension of an employee or while final action on proceedings to review the suspension, demotion or dismissal of an employee is pending. No person shall be employed for a period inconsistent with the personnel rules.

(Ord. 2022 (part), 1991: Ord. 1076 § 4(3), 1963)

The personnel director may refuse to examine or to declare as eligible or may withdraw from certification prior to appointment anyone who comes under any of the following categories, any applicant who:

A. Lacks any of the requirements established by the commission for the examination or class for which he applies;

B. Is physically or mentally so disabled as to be rendered unfit to perform the duties of the position for which he seeks appointment;

C. Is addicted to the use of intoxicating beverages to excess;

D. Is addicted to the use of narcotics or habit forming drugs;

E. Has been convicted of a felony or convicted of a misdemeanor involving moral turpitude;

F. Has intentionally attempted to practice any deception or fraud in his application, in his examination or in securing his eligibility;

G. Has waived appointment or interview more than once after certification from the same employment list;

H. Has failed to reply within a reasonable time to communications concerning his availability for appointment.

(Ord. 2022 (part), 1991: Ord. 1076 § 4(4), 1963)

A. Examinations may be specified by the personal director as open only to present qualified city employees on a promotional basis or open to all qualified persons or a combination thereof. It shall be the policy of the commission to encourage the general practice of promotion within the city service whenever, in their view, a sufficient number of qualified candidates are available and such a policy will continue to contribute to a sound and efficiently operating city organization.

B. When the vacancy to be filled is other than for a position in the competitive service, then the city council shall determine whether the examination to fill said vacancy shall be a promotional examination or an open examination open to all qualified persons or a combination thereof. In the event the vacancy to be filled is other than for a position in the competitive service, then the city manager shall notify the city council of such fact and shall advise the personnel director of the council's instructions in regard to the type of recruitment and examination.

(Ord. 2022 (part), 1991: Ord. 1281 (part), 1971; Ord. 1076 § 4(5), 1963)

The civil service commission may determine that all honorably discharged veterans of the armed forces of the United States who served during time of war or their widows who receive a total passing score in examinations for entrance into the competitive service may be given a veteran's preference consistent with personnel rules. No additional veteran's points shall be credited on any promotional examination.

(Ord. 2022 (part), 1991: Ord. 1076 § 4(6), 1963)

As stated in Sections 45050, 45051, 45052, 45053 and 45054 of the California Government Code, any person possessing all the minimum qualifications for a position is eligible to take any civil service examinations regardless of age and no rule or policy shall be adopted prohibiting the employment of any person otherwise qualified in any city employment solely because of age with the following exceptions:

A. This section does not require nor authorize the city to employ any person in a particular city employment if he has attained the retirement age for the particular employment prescribed by the retirement system which covers city employees;

B. A person shall not be employed in the competitive service while he is receiving a retirement allowance under any retirement system of the city by reason of prior service with the city.

(Ord. 2022 (part), 1991: Ord. 1943 § 4, 1988: Ord. 1440 § 2, 1974; Ord. 1076 § 4(7), 1963)

Any employee may be released at any time without cause during the first year of service in a regular appointment, including promotional. The personnel rules shall define qualifying service and procedures for release during the probationary period. This action may not be appealed or subject to the grievance procedure except upon the grounds of violation of Chapter 3.32. An employee released during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted unless he is dismissed from the city's service as provided in this title and the personnel rules. An employee in the competitive service promoted or transferred to a position which is not in the competitive service shall be reinstated to the position from which he was promoted or transferred if within one year after such promotion or transfer action is taken to reject or dismiss him, unless he is discharged in the manner provided in this title and the personnel rules for positions in the competitive service.

(Ord. 2022 (part), 1991: Ord. 1943 § 5, 1988: Ord. 1076 § 4(8), 1963)

Irrespective of anything to the contrary in this title, the city council by a four-fifths vote may provide for the emergency employment of any person to hold any office or position in the city. Such person shall not be subject to the requirements, regulations and qualifications of the civil service system nor acquire civil service or other permanent status because of the emergency appointment; however, the civil service commission may provide that an emergency appointee selected from an eligible list, who is otherwise eligible for permanent appointment, may become a regular member of the competitive service. No emergency appointee may be employed by the city for more than ninety days in any twelve-month period during peacetime except that in the event emergency conditions still persist, an emergency appointment may be extended for an additional ninety days. Pursuant to Sections No. 45080, 45081, 45082 and 45083 of the California Government Code, and irrespective of anything to the contrary in this title, during any wartime emergency the city council by a four-fifths' vote may authorize emergency appointments for the duration of the war as defined in Section 45083 of the Government Code. The council first shall find that the national mobilization of trained manpower makes it impractical for the city to recruit personnel pursuant to the regular requirements established in this title.

(Ord. 2022 (part), 1991: Ord. 1076 § 4(9), 1963).