Sacramento Municipal Code Art. VII Civil Service

The civil service board shall consist of five citizens of the city who shall have no connection with city government. The city council shall appoint said board members for five year terms. Board members in office on the effective date of this section shall continue in office during their unexpired terms unless removed as provided by law. Vacancies on the civil service board from whatever cause shall be filled by the city council for the unexpired term.

The city manager shall appoint a director of personnel who shall serve as secretary of the civil service board. The director of personnel shall act as chief examiner and supervise all examinations, subject to the direction of the board. The director of personnel shall also perform such other duties as are prescribed by this Charter, by the city manager, by the civil service board or by ordinance or resolution of the city council.

The secretary of the civil service board and such other employees in the civil service office authorized by the board by order duly entered in the minutes shall have the power and authority to take affidavits and administer oaths in all matters relating to civil service.

The officers and employees of the city who shall be exempt from the rules and regulations of the civil service board shall include:

(a) Officers directly elected by the people;

(b) Members of advisory boards and commissions;

(c) The city manager, and any person or persons employed as assistant city manager, and confidential secretary;

(d) Those officials of the city government responsible for the operation of a city department or division, along with those persons who may be employed as assistants to such officials; and

(e) Those employees occupying positions in classes which are filled only on a part-time, seasonal, or limited term basis.

The city council shall, by resolution, designate those classes of positions, employees in which shall be considered exempt from the rules and regulations of the civil service board, in accordance with the intent and meaning of this section.

For the purpose of establishing eligible registers from which positions in the classified service shall be filled, it shall be the duty of the civil service board to conduct competitive examinations open to all persons who lawfully may be appointed to any position within the class for which such examinations are held, and who meet the minimum qualifications requisite to the performance of the duties of such position as established by the civil service board.

Positions in the higher classes shall be filled, as far as is practicable and consistent with the best interests of the service, by promotion following competitive tests of employees in lower classes holding permanent civil service status. The civil service board, shall, by rule, establish regulations for promotional eligibility, except that in the police and fire departments, all higher uniform positions in the classified service shall be filled from eligible registers established as a result of promotional examination only, and no such member shall be eligible for promotion to a higher class until that person has served at least three (3) years in such department and that in subsequent promotions the member must have held the rank from which that person is promoted for at least two (2) years.

For the filling of one vacancy, the appointment shall be made from among the eligible persons whose scores, at the time of certification, represent the three highest whole percentage score ranks on the list. For the purpose of ranking, scores of eligibles on an eligible list shall be rounded to the next highest whole percent and a rank shall consist of one or more eligibles with the same score. However, in the case of an appointment from an eligible list resulting from a promotional examination, the appointment shall be made from the three candidates standing highest on the list. (Adopted November 6, 1990)

(a) Subject to the provisions of Paragraph (b) of this section, in all tests and examinations held by the civil service commission pursuant to the provisions of this Charter, any person who at the time of taking such test or examination has served in the armed forces of the United States in time of war and who received an honorable discharge therefrom or who after such service to the United States in time of war, has continued in such service or who has been released from active duty because of disability resulting from such service in time of peace or under other honorable conditions, as such persons are defined by state law in effect at that time and who has attained a percentage qualifying such applicant for any position under civil service regulations, shall be allowed an increase of ten points above the credit such applicant has attained in such examination.

(b) (1) Any person who has previously received a veteran's preference on an examination for federal employment, or for employment with any public agency in California, and who, by virtue of the preference was certified and subsequently appointed to a position with the federal government or any public agency in California, shall not be entitled to a preference under this section.

(2) No preference shall be granted under this section to any veteran who was discharged more than ten years prior to the final filing date stated on the examination announcement, or prior to the date on which an eligible list is established if no final filing date is stated on the announcement; provided, however, that veterans who are declared by the United States Veterans Administration to have a service connected disability of 30% or more at the time of taking such test or examination, it otherwise qualified for the preference provided for by subsection (a). shall be entitled to such preference without limitation as to the time during which such preference may be used.

(3) No preference shall be granted under this section to any person who retired from the armed forces at or above the rank of major, or its equivalent.

(4) The preference granted under this section shall not apply to promotions, or to promotional examinations (Adopted November 4, 1980)

Success in similar positions in the employ of the city shall be considered in estimating the standing of a candidate and to that end the board shall, wherever feasible, cause to be kept a record of efficiency of all city employees.

No person in the classified service or seeking admission thereto shall be appointed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, color or religious belief.

Notwithstanding any other provision of this Charter, the civil service board may provide for the establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with the potential for development, in order to provide career development opportunities for such persons, including but not limited to members of disadvantaged groups, handicapped persons, and veterans entitled to preference under Section 85 of this article. Such programs may provide for probationary and permanent appointment to the classified service upon the satisfactory completion of the training period prescribed by the civil service board. The civil service board shall provide for the establishment of such programs when requested to do so by the city council.

Appointment or promotion to office or employment in the classified service shall not be deemed complete until a period of probation has elapsed. The civil service board shall by rule establish a probationary period for each class in the classified service. A probationer may be discharged or reduced at any time within the probationary period and thereupon shall have no right to appeal under Section 92 of this Charter.

If discharged after the expiration of said period, the employee so discharged may appeal in accordance with the provisions of Section 92 of this Charter.

The city manager or other official or board in whom is vested disciplinary or removal power shall be allowed full freedom in his or its action on such matters, it being the intent and spirit of this article to provide a fair and honest approach to municipal employment for every inhabitant or the city, but in no sense to handicap or curtail the responsible administrative officer in securing efficient service.

(a) It shall be the duty of the civil service board to:

(1) Adopt and maintain the classification plan. The classification plan shall consist of classes of positions in the classified service defined by class specifications, including title, a description of duties and responsibilities and a statement of employment standards to be required of applicants for employment in each class. From time to time as it deems necessary, the board may establish additional classes and divide, combine, alter or abolish existing classes. Each position in the classified service shall be allocated by the director of personnel to one or the classes established by the plan; provided, that whenever a new or additional position is authorized by the city manager, the director of personnel shall allocate each proposed position to an appropriate existing class or recommend the creation of new class to the civil service board.

When action is taken by the board to establish additional classes or to divide, combine, alter or abolish existing classes, or upon the reallocation or positions by the director or personnel, the civil service board shall determine the manner in which the incumbents or positions affected shall attain status.

(2) Formulate rules and regulations covering the examination of applicants for positions in the classified service and the promotion or employees in the classified service, including rules for preparation of examination announcement notices, accepting applications, administering examinations, eligibility for promotion, seniority credits, establishing eligible registers and reinstatement lists, certification, appointment, probationary period, and any other matter necessary to the recruitment and selection of employees.

(3) Hear appeals, upon written request from any employee in any city department in the classified service, who may be suspended without pay, demoted, dismissed, or otherwise disciplined by the appointing authority. The board shall define the manner, time, and place by which such appeal shall be heard and the judgment of the board shall be final.

(4) Hear appeals, upon written request, from any employee in any city department in the classified service, with reference to the allocation or reallocation of his position by the director of personnel.

(5) Provide, by rule, for the interpretation and administration of ordinances affecting personnel, when specifically directed to do so by the city council and to provide, by rule, for the regulation of any other matter pertaining to personnel administration not in contradiction with the provisions of this section.

(b) The board, subject to budgetary approval of the city council, may employ or contract for hearing officers to hear appeals of the actions specified in Paragraphs (3) and (4) of Subsection (a) of this section and to prepare recommendations for the board. The board may adopt rules and regulations to implement this subsection.

Notwithstanding any other provisions of this Charter, in the event that the service area of the City is increased by reason of a consolidation, merger, incorporation, annexation or contract, the city council may, by resolution, provide that some or all employees or special districts encompassed by the increased service area shall be deemed regular employees of the City of Sacramento, to serve for such limited periods of time as the city council determines appropriate under the circumstances. The city council shall have the power to impose such conditions prior to employment as it deems necessary, including but not limited to, passage by the district employees of a physical examination to be administered by the city. The city council shall also by resolution or ordinance determine the terms and conditions of employment of such persons, including but not limited to probationary period, salary, seniority, retirement status, departmental and classification assignment, benefits, credits for accumulated special district benefits, bargaining unit status, and all other matters related to their employment. (Adopted November 2, 1982)