San Fernando Municipal Code Div. 5 Civil Service

The personnel (civil service) system in this division is adopted in order to:

(1) Establish an equitable and uniform procedure for dealing with personnel matters;

(2) Attract to municipal service the best and most competent persons available;

(3) Ensure that appointments and promotions of employees will be based on merit and fitness; and

(4) Provide a reasonable degree of security for qualified employees.

(Code 1957, § 2.40)

State Law reference— Authority for cities to establish civil service system, Government Code § 45000 et seq.

Editor's note— Ord. No. 1545, § 1, adopted Nov. 3, 2003, repealed § 2-242 in its entirety. Former § 2-242 pertained to administrative services director and derived from Code 1957, § 2.41.

This division shall apply to all officers, positions, and employments in the city's service except the following:

(1) All officers elected by the people.

(2) Members of all appointed boards, commissions, committees and agencies.

(3) The city administrative officer.

(4) Department directors.

(5) Reserve police officers.

(6) School crossing guards.

(7) Individuals appointed to part-time, seasonal or temporary classes.

(8) Individuals hired during a declared emergency such as an extraordinary fire, flood or earthquake.

(9) Those performing service for the city under contract.

(10) Employment of unemployed and underemployed persons under federal or state law.

(11) Volunteer personnel.

(12) Grant writer.

(13) At-will city employees authorized by the city council.

(Code 1957, § 2.42; Ord. No. 1500, § 1, 3-1-1999; Ord. No. 1502, § 1, 3-16-1999; Ord. No. 1516, § 1, 8-7-2000; Ord. No. 1663, § 3, 4-3-2017)

State Law reference— Designation of officers and employees to be included in civil service system, Government Code § 45005.

Personnel rules shall be adopted and amended by resolution of the city council.

(Code 1957, § 2.43)

The city council may contract with any qualified private person or entity or any governmental entity for the performance of technical services in connection with the operation and administration of the personnel system, including any of the services to be performed by the personnel officer.

(Code 1957, § 2.44)

State Law reference— Authorization for contracts, Government Code § 45008.

Upon the adoption of a general reclassification of city positions by the council, each employee shall continue in his position with the same permanent, probationary, or temporary status in the new class which he had in the old class.

(Code 1957, § 2.45)

(a) Temporary appointments to the civil service shall be appointments of a short duration when the needs of the civil service make it necessary to employ additional personnel for a temporary period. Such employees are not entitled to receive fringe benefits.

(b) Temporary appointments may be made by the department head with the approval of the administrative officer and confirmation of the city council.

(Code 1957, § 2.46; Ord. No. 1546, § 1, 11-17-2003)

Provisional appointments to the civil service may be made by the department head with the approval of the administrative officer in accordance with the personnel rules.

(Code 1957, § 2.47; Ord. No. 1546, § 2, 11-17-2003)

Special provisional appointments to the civil service may be made by the department head with the approval of the administrative officer pending final city action on proceedings to review a suspension, demotion or dismissal of an employee or officer.

(Code 1957, § 2.48; Ord. No. 1546, § 3, 11-17-2003)

Any person holding a position or employment in the classified service at the time this division takes effect (30 days after February 19, 1968) or at the effective date of any subsequently enacted ordinance placing positions or employment under the classified service who shall have served in such position for a period equal to the probationary period prescribed in this division or in the personnel rules continuously, immediately prior to such effective date shall become a classified service employee without preliminary or working tests and shall thereafter be subject in all respects to this division. Any other person holding a position or employment in the classified service shall be regarded as holding the position or employment as a probationer who is serving out the balance of the probationary period before the appointment becomes complete.

(Code 1957, § 2.49)

(a) All persons holding positions in the classified service shall be subject to suspension, removal or demotion in accordance with the personnel rules.

(b) Pending final city action on proceedings to review the suspension, demotion, or discharge of an employee, the vacancy created may be filled only by special provisional appointment.

(c) A reduction in pay shall be deemed a demotion unless such reduction is a part of a plan to reduce salaries and wages of a classification as a part of an economy or curtailment program or is part of a position reclassification or reorganization of duties and responsibilities.

(Code 1957, § 2.50)

The political activities of city employees shall conform to pertinent provisions of state law.

(Code 1957, § 2.51)

State Law reference— Political activity, Government Code § 3201 et seq.

(a) No person in the classified service or seeking admission thereto shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, religious creed, color, ancestry, national origin, sex, sexual orientation, gender, gender identity, gender expression, marital status, physical handicap, medical condition or age.

(b) Minimum or maximum age limits for any examination for a position in the classified service shall not be established, and a maximum age shall not be a qualification for any employment in the classified service. However, the city council may fix minimum and/or maximum age limits for the employment of police officers.

(c) Except as provided in subsection (b) of this section, any person possessing all the minimum qualifications for the position is eligible to take any civil service examination, regardless of age, and the personnel manager shall not adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age.

(d) Definitions. The following words and phrases shall have the meanings indicated herein:

(1) Gender identity means a person's actual or perceived gender-related identity, whether or not stereotypically associated with the person's assigned sex at birth.

(2) Gender expression means a person's actual or perceived gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

(3) Sexual orientation means actual or perceived heterosexuality, homosexuality or bisexuality.

(Code 1957, § 2.52; Ord. No. 1545, § 2, 11-3-2003; Ord. No. 1643, § 2, 8-17-2015)

Any period of time during which an employee is required to be absent from the employee's position because of an injury or disease for which the employee is entitled to receive compensation under Labor Code § 3201 et seq., is not a break in the employee's continuous service for the purpose of that employee's right to salary adjustments, sick leave, vacation, or seniority.

(Code 1957, § 2.53)

State Law reference— Required, Government Code § 45010.