Oakland Municipal Code Ch. 2.08 Civil Service Rules and Procedures

In order to achieve the values of a modern system of personnel administration, enumerated in Section 900 of the Charter, and to provide for a personnel system based on merit as required by Section 900 of the Charter, including the constitution of the Civil Service Board in accordance with Section 901 of the Charter, the following personnel system is hereby adopted.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 8979 § 1, 1974)

The City Administrator shall be responsible for the administration of the personnel system, in accordance with Section 503 of the Charter and subject to the provisions of this chapter. The City Administrator shall appoint a Personnel Director who shall, subject to the direction of the City Administrator:

A. Be responsible for the efficient operations of the Personnel Department of the City.

B. Prepare and maintain the Personnel Manual.

C. Prepare and maintain the uniform position classification plan, including detailed position descriptions.

D. Administer competitive examination for positions in the classified civil service and maintain eligible lists of qualified candidates.

E. Perform such other duties as the City Administration may assign.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 8979 § 2, 1974)

It shall be the function and duty of the Civil Service Board to enforce, through general supervision of the personnel system, the provisions of this chapter and of Article IX of the Charter; to study, investigate and research into such areas and matters as the City Administrator, or the Council through the City Administrator, or the Board of Port Commissioners, may request, or as it may deem advisable; to make reports and recommendations in writing thereon and to formulate policy recommendations or recommended changes to the Personnel Manual for the better realization of the objectives of the personnel system, as set forth in Section 900 of the Charter; to approve the exception of positions under Section 902(f) of the Charter; to perform the appellate duties and functions hereafter described; to review and approve changes to the Personnel Manual, excepting those which are administrative in nature, proposed by the City Administrator, provided that changes in which the Board does not concur may be made with the approval of Council; and to perform such other duties and functions as the City Administrator may for time to time request. The following special provisions shall apply to the Civil Service Board.

A. Composition. The Board shall consist of seven members who will be appointed pursuant to Section 601 of the Charter and who shall serve without compensation. Two members shall be appointed for a term of one year, two for two years, and three for four years, said terms to commence upon the date of appointment. Thereafter, each appointment shall be for a term of four years, except that an appointment to fill a vacancy shall be for the unexpired term only.

B. Vacancy. A vacancy in the Board will exist whenever a member dies, resigns, or is removed, or whenever an appointee fails to be confirmed by Section 601 of the Charter. Convictions of a felony, misconduct, incompetence, inattention to or inability to perform his duties, and unexcused absence from meetings pursuant to procedures adopted in accordance with Subsection D. below shall constitute cause for removal.

C. Officers, Meetings. Each year at its first regular meeting in July, the Board shall elect a chairman and vice-chairman from amongst its members. The Board shall meet at least once each month in the City Hall, at an established time suitable for its purpose. Such meetings shall be designated regular meetings. Meetings called by the Mayor or City Administrator, and meetings scheduled for a time or place other than for regular meetings shall be designated special meetings. Written notices of special meetings shall be given to the Board members, the Council, the City Administrator, the Board of Port Commissioners, and the public press at least 24 hours before the meeting is convene.

D. Procedures. The Board shall, in consultation with the City Administrator and with the approval of the Council establish procedures for the conduct of its meetings. The affirmative vote of four members shall be required for the adoption of any motion. The Board shall make its reports, findings and recommendations in writing unless otherwise requested. All reports, findings and recommendations shall be made to the City Administrator who shall forward those matters within the province of the Council, or the Board of Port Commissioners, as jurisdiction may be.

E. Staffing. The City Administrator shall provide the Board with assistance from City employees under his/her jurisdiction. The provisions of Section 221 of the Charter shall apply to members of the Board.

F. Appeals. An employee having permanent status in the competitive civil service shall have the right to appeal suspension, fine, demotion, or discharge for incompetence, misconduct, or failure to properly perform his/her duties or to observe department rules and standards provided that such appeal shall not involve considerations of the merits or necessity of any departmental practice, procedures, rules, regulations orders, standards or level of service. Any such appeal shall be governed by the following procedures provided that alternative procedures are not set forth in a memorandum of understanding approved by the City Council.

1. As soon as practicable but within a maximum of 72 hours after making the order of suspension, fine, demotion or discharge, the appointing authority of his designated representative shall serve on the affected employee written notice which shall fairly apprise the employee of the reasons for such action, such notice to be served in accordance with the Personnel Manual.

2. The employee who elects to appeal such disciplinary action shall file his/her appeal in writing, in the manner prescribed in the Personnel Manual, within ten calendar days of the date of such written notice. The appeal shall address each of the reasons for the disciplinary action enumerated in the written notice and may provide any relevant additional information. The appeal shall thereafter be heard according to the provisions of the Personnel Manual, pursuant to Section 2.08.040 of this chapter.

3. Subject to the foregoing provisions, a supervisor may suspend any subordinate then under his/her direction for a period not to exceed one working day.

4. As used in this chapter, the term "appointing authority" shall mean the City Administrator, or the City Attorney, or the City Auditor, or the Board of Port Commissioners, as the jurisdiction may be.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 10793, 1986; Ord. 8979 § 3, 1974)

The Personnel Manual shall provide such administration policies, procedures, rules, and regulations as may be appropriate to carry out the intent of the Charter and this chapter for the administration of the civil service system. The Personnel Manual may include but need not be limited to, the following matters: appeal procedures, classification of positions, salary administration, personnel records, selection, examination, eligible lists, probationary period, disciplinary actions, resignations and lay-offs, work schedules, leaves and vacations, training, and employee safety and health. The City Administrator may provide in the Personnel Manual for special recognition, in an appropriate manner, other than by promotion or appointment, of City employees who have demonstrated outstanding merit in the service of the City of an extraordinary nature. The rules of the Civil Service Board in existence at the time of adoption of this chapter, insofar as they are consistent with this chapter, shall continue in effect until amended or revised by provision of the Personnel Manual, or by such rules as may be provided by the Board of Port Commissioners in a Personnel Manual for the Port Department.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 8979 § 4, 1974)

Consistent with Section 714 of the Charter of the City of Oakland, all employees of the Port Department, except for those specifically exempted by Charter, procedures established by the Charter, or action of the Civil Service Board, shall be included within the personnel (civil service) system of the City.

Subject to the approval of the Civil Service Board, the Board of Port Commissioners is authorized to establish personnel rules and procedures to provide for the administration of such rules for employees of the Port Department. Any such rules and procedures shall be consistent with and subordinate to: (1) the City Charter, (2) this chapter, and (3) rules adopted by the Civil Service Board (Personnel Manual) (collectively, "City Civil Service Rules"). In the event of any conflict between the Port personnel rules and procedures and the City Civil Service Rules, the City Civil [Service] Rules shall control.

Personnel rules and procedures promulgated by the Board of Port Commissioners shall not be effective until approved by the Civil Service Board. The Civil Service Board may approve such personnel rules and procedures at any public meeting, by simple majority vote finding that the rules and procedures are consistent with the City Civil Service Rules.

The Board of Port Commissioners has no authority to create, modify, or eliminate any classification subject to the personnel system. However, it may propose that the Civil Service Board establish, modify, or eliminate any classification included within the personnel system of the City and utilized by the Port Department. The Civil Service Board retains the sole authority to establish, modify, or eliminate any classification within the personnel system of the City and to determine whether any classification (not specifically exempted by Charter) shall be exempt from the personnel system. However, to the extent permitted by law, classifications not included in the "Common Classes" list in Appendix B to the City's Personnel Manual shall remain in effect unless modified or eliminated by the Civil Service Board.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 8979 § 5, 1974)

No person employed in the service of the City, or seeking admission thereto, shall be employed, promoted, demoted, dismissed, or discriminated against because of political opinions or affiliations, or because of race, color, ancestry, natural origin, religious belief, or sex. It is the intent of this chapter to facilitate the realization of equal employee opportunities in the City service. Such polices as the Council may adopt to that end shall be applicable to the entire personnel system.

(Ord. No. 13120, § 1, 6-5-2012; Ord. 8979 § 6, 1974)