Oceanside Municipal Code Art. III Competitive Service

All positions in the employment of the city shall be in the classified service or the unclassified service.

(Ord. No. 90-28, § 1, 7-25-90)

The provisions of this chapter shall apply solely to the positions in the classified service and to the employees therein unless otherwise provided herein.

(Ord. No. 90-28, § 1, 7-25-90)

The classified service shall include all authorized, budgeted positions of the city except those hereinafter excluded and designated as in the "unclassified" service.

(Ord. No. 90-28, § 1, 7-25-90)

The unclassified service shall include all of the following positions:

(a) All elective positions.

(b) All positions filled by appointment by the council, including the city manager, the city attorney, special auditors, and members of appointive boards, commissions and committees.

(c) All department director positions.

(d) Positions filled on a temporary or seasonal basis and any other positions that are not authorized on a budgeted continuing basis.

(e) Positions, whether full-time or part-time, created under special governmental programs for which the city receives full or partial reimbursement.

(f) All positions in the city manager's department and the city attorney's department.

(g) Those existing positions and new positions which, in the discretion of the council, are designated unclassified positions.

(Ord. No. 90-28, § 1, 7-25-90)

The council may, from time to time, by ordinance, determine the departments, offices, or positions to be included in the classified and unclassified services as referred to in sections 23.19 and 23.20.

(Ord. No. 90-28, § 1, 7-25-90)

Appointment to vacant positions in the classified service shall be made in accordance with the rules established in this section and from employment lists resulting from competitive examination or by promotion, transfer, demotion or reinstatement. If appointment in the classified service is made from employment lists resulting from competitive examination, the names and persons eligible to accept appointment shall be certified by the personnel director from the list for the class to which the position is allocated. If no list for a class exists, names may be certified from the eligible list most nearly appropriate. Appointments shall be made by department directors subject to the approval of the city manager. The city manager shall appoint department directors pursuant to section 2.10 of this Code and subject to final approval of the council, except for those officers appointed specifically by the council.

(Ord. No. 90-28, § 1, 7-25-90)

During period of war or national emergency, emergency appointments may be made to Government Code Section 45080 et seq.

(Ord. No. 90-28, § 1, 7-25-90)

In the absence of appropriate employment lists, a temporary appointment may be made by the appointing authority of a person meeting the minimum qualifications for the position; provided, however, that such temporary employment shall be governed by any applicable rules and agreements duly adopted by the city council and no credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists for service rendered under a temporary appointment.

(Ord. No. 90-28, § 1, 7-25-90)

During the period of suspension of any employment or pending final determination by the department director to dismiss an employee, the vacancy created may be filled by the appointing authority only by temporary appointment.

(Ord. No. 90-28, § 1, 7-25-90)

(a) All original and promotional appointments in the classified service shall be subject to a probationary period. Probationary periods shall be established for specific classes by means of city council resolution.

(b) An employee on probation in the classified service may be rejected at any time.

(c) If such original or promotional appointment to the classified service shall be made on any day other than the first day of the pay period of the appointment, then the probationary period shall start on the first day of the following pay period.

(d) The retention by the City of Oceanside of an employee in the classified service after the expiration of said probationary period shall be equivalent to a granting of vested status.

(e) The provisions of subsections (a) through (d) above do not apply to officers and employees in the unclassified service. Employments in the unclassified service are at the pleasure and discretion of the appointing authority.

(Ord. No. 90-28, § 1, 7-25-90)

An employee in the classified service who is rejected during the probationary period from a position to which the employee has been promoted shall be reinstated to a position within the class from which the employee was promoted, unless the class from which the employee was promoted is in the unclassified service or discipline is instituted and the employee is discharged by the department director or by the city manager.

(Ord. No. 90-28, § 1, 7-25-90)

Any employee who has completed probation in the classified service who is thereafter appointed to a unclassified position, shall be reinstated to the previously held classified position if, within six (6) months, action is taken to remove the employee from the unclassified position. However, such employee may be discharged after discipline is instituted in the manner provided for in this chapter and in the rules established hereunder for positions in the classified service.

(Ord. No. 90-28, § 1, 7-25-90)