Chapter 3.04

CIVIL SERVICE RULES

Parts:

• 1 General Provisions 2 Definitions 3 Positions 4 Classification 5 Recruitment and Assessment 6 Eligible Lists and Disqualification 7 Filling of Vacancies 8 Transfers 9 Layoffs 10 Leaves of Absence 11 Disciplinary Action and Dismissal 12 Suspension, Demotion, Dismissal and Resignation

• 13 Residence Requirements 14 Medical Examinations 15 Notice Service and Filing 16 Miscellaneous Regulations

The provisions of this Chapter 3.04 shall apply to all offices, positions and employments in the civil service of the city, excepting those within the unclassified service as such unclassified service is defined in subsection (a) of Section 1101 of the Charter of the city, and excepting those mentioned in Section 1109 of such Charter. (Prior code § 2001.2; Ord. 26850.)

The director shall administer all provisions of the civil service rules not specifically reserved to the council, the commission, the city manager or other officer or officers.

(Prior code § 2001.3; Ord. 26850.)

The commission shall have all powers, functions and duties given to it by the Charter of the city, by the civil service rules, or by other act of council.

(Prior code § 2001.5; Ord. 26850.)

Part 1

GENERAL PROVISIONS

Sections:

• 3.04.010 Authority for chapter provisions.

• 3.04.020 Applicability.

• 3.04.030 Director - Administration authority.

• 3.04.040 Commission - Powers, functions and duties.

• 3.04.050 Commission - Secretary designated - Restrictions.

The council shall provide the commission with a secretary satisfactory to the commission; provided, however, that the head of any employee services department of the city shall not hold any secretarial, executive or administrative position under the direct jurisdiction of the civil service commission. Unless and until otherwise provided by the council, with the approval of the commission, the city clerk or a designated deputy shall serve as secretary of the commission. (Prior code § 2001.4; Ord. 26850.)

The provisions of this Chapter 3.04, Civil Service Rules, are adopted pursuant to the provisions of Sections 1101 and 1103 of the Charter of the City of San José. (Prior code § 2001.1; Ord. 26850.)

Part 2

DEFINITIONS

Sections:

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§ 3.04.167

• 3.04.160 Allocate, allocation, reallocate and reallocation.

• 3.04.165 Appointing authority.

• 3.04.166 Appropriate selection process, appropriate assessment.

• 3.04.167 Assessment.

• 3.04.168 Candidate, qualified candidate.

• 3.04.170 Classification (class).

• 3.04.180 Class consolidation.

• 3.04.190 Classify and reclassify.

• 3.04.200 Classification plan.

• 3.04.210 Class retitlement.

• 3.04.220 Class specification.

• 3.04.230 Class split-off.

have the meanings hereinafter specified unless it is apparent from the text that a different meaning is intended.

(Prior code § 2002.1; Ord. 26850.)

• A. "Allocate" and "allocation;" The assignment of a new position to its proper classification based on the duties performed and levels of responsibility.

• B. "Reallocate" and "reallocation;" The assignment of a position to a different and more appropriate classification than the one it is presently assigned to.

(Prior code § 2002.2; Ord. 26850.)

• 3.04.240 Commission.

• 3.04.250 Director.

• 3.04.260 Downgrade of position.

• 3.04.270 Full-time employee.

• 3.04.271 Internal recruitment.

• 3.04.272 Non-competitive appointment.

• 3.04.280 Open competitive recruitment.

• 3.04.290 Part-time employee.

• 3.04.300 Permanent employee.

• 3.04.310 Position.

• 3.04.330 Provisional employee - Sworn police and fire classifications.

• 3.04.331 Qualified group.

• 3.04.340 Recruitment.

• 3.04.350 Regular employee.

• 3.04.360 Series.

• 3.04.370 Temporary employee.

• 3.04.380 Upgrade of position.

• 3.04.381 Vacancy.

• 3.04.400 Y-rating, Y-rated.

For purposes of Chapter 3.04, words, phrases and terms defined in this part shall be deemed to

Any reference in this Chapter 3.04 to the appointing authority or to the city manager shall be deemed to refer to the city attorney as to all officers and employees whom he/she is empowered to appoint pursuant to city Charter Section 803.1; the city auditor as to all officers and employees whom she/he is empowered to appoint pursuant to city Charter Section 805.1; and to the city manager as to all other officers and employees; and to any other appointing authority as defined in the city Charter. (Ords. 20613, 26850.)

An "appropriate selection process" or "appropriate assessment" is any process approved by the director to be appropriate for determining which candidates are qualified for further consideration for appointment to a vacancy. (Ord. 26850.)

An "assessment" is any method authorized by the director for evaluating a job candidate's match or fit with the requirements of a vacancy. (Ord. 26850.)

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§ 3.04.168

A "candidate" or "qualified candidate" is an applicant who has been determined, through an appropriate assessment, to be qualified for consideration in a particular selection process for the position or class for which the applicant applied. (Ord. 26850.)

"Class" means a position or group of positions having duties and levels of responsibility sufficiently similar so that the same job title, qualification standards, and compensation may be applied. Each class shall be identified by a class title and class number, and shall include a class specification. (Prior code § 2002.3; Ord. 26850.)

"Class consolidation" means the grouping of the duties, functions and responsibilities of two or more classes into one class. Incumbents of positions in the classes consolidated may be appointed to the new class by the director of employee services, provided they meet the minimum qualifications.

3. Reallocating a position or positions into another class.

(Prior code § 2002.5; Ord. 26850.)

"Classification plan" is the document maintained by the director of employee services that lists each classification number and title for classes established, through provisions of this Code, for the city. This document is also known as the "City of San José Pay Plan."

(Prior code § 2002.7; Ord. 26850.)

"Class retitlement" means the change of the title of a class without change in the duties, functions or responsibilities. A class retitlement causes no change in the status of incumbents of the class. (Prior code § 2002.18; Ord. 26850.)

"Class specification" means the official description of a job classification, including the title, duties, responsibilities and qualification standards, as established by the director of employee services. (Prior code § 2002.4; Ord. 26850.)

(Prior code § 2002.19; Ord. 26850.)

• A. "Classify" means the establishment of a classification by:

  1. Defining and describing the duties, responsibilities, and functions performed by positions in the class;

  2. Designating a class title, number, and specification; and

  3. Allocating one or more positions to the class.

• B. "Reclassify" means:

  1. Discontinuing an existing class and reallocating the positions in it to another class; or

  2. Amending a class title, class number or class specification; or

"Class split-off" means division of the duties, functions and responsibilities of one class into two or more classes. An incumbent in the class divided may be appointed to one of the new classes by the director of employee services, provided the incumbent meets the minimum qualifications. (Prior code § 2002.20; Ord. 26850.)

"Commission" means the civil service commission of the City of San José. (Prior code § 2002.8; Ord. 26850.)

"Director" means the director of employee services, who is head of the employee services department of the city.

(Prior code § 2002.9; Ord. 26850.)

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§ 3.04.340

To "downgrade a position" means to reallocate the position to a different class at a lower salary range, as a result of a reduction in the level of duties, functions and responsibilities of the position.

"Permanent employee" means an employee who has satisfactorily completed a period of probation, and whose continued employment has been approved by the appointing authority. (Prior code § 2002.13; Ord. 26850.)

(Prior code § 2002.21; Ord. 26850.)

"Full-time employee" means any employee assigned to a position for which the normal work week is forty hours, and for which such hours are not normally reduced except through provisions of other sections of this Chapter 3.04 or applicable memorandum of agreement (MOA). (Prior code § 2002.16; Ord. 26850.)

"Internal recruitment" means a recruitment, assessment and selection process that is limited to those applicants who are current, permanent city employees or who are eligible for reemployment. (Ord. 26850.)

A "non-competitive appointment" is a method of filling a position that is consistent with the merit principle but is an alternative to the city's standard recruitment process. Such appointments are subject to the approval of the director, and shall be based on established standards. (Ord. 26850.)

"Open competitive recruitment" means a recruitment for which all qualified applicants are allowed to compete and which is not restricted to current permanent employees of the city. (Prior code § 2002.26; Ord. 26850.)

"Part-time employee" means any employee who is not indefinitely assigned to a forty-hour work week and is not in a budgeted or authorized fulltime position. (Prior code § 2002.15; Ord. 26850.)

"Position" means a set of duties and responsibilities designed to be and normally performed by one person.

(Prior code § 2002.12; Ord. 26850.)

"Provisional employee" means a person appointed to fill a position temporarily in the classified service when no eligible list of applicants for such position exists, until such time as an appropriate eligible list is established from which a person can be hired to fill such position. Provisional appointments are made under the provisions of paragraph (6), subsection 1101(a) of the City Charter. To be provisionally appointed to a position, an employee must meet the minimum qualifications for the class to which the position is allocated. (Prior code § 2002.27; Ord. 26850.)

A "qualified group" is a group of candidates for a vacancy or class, each of whom has been determined through an appropriate assessment process to be qualified for further consideration by the hiring department for appointment to the vacancy or class.

(Ord. 26850.)

A "recruitment" is an outreach process to attract individuals to apply and compete for a vacancy. A recruitment is the city's standard practice for filling a vacancy, and requires posting of a job announcement and accepting of applications from all qualified persons or all qualified internal applicants.

(Ord. 26850.)

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§ 3.04.350

"Regular employee" means an employee who has qualified through appropriate selection process for appointment to the classified service and is serving either on a probationary or permanent status.

(Prior code § 2002.10; Ord. 26850.)

"Series" means two or more classes that perform the same type of work, differing only in levels of responsibility and compensation. Classes in the same series constitute steps in a narrow line of promotion.

(Prior code § 2002.14; Ord. 26850.)

"Temporary employee" means an employee who is employed and appointed in the classified service for a specified time, or pending the return of any employee from leave of absence, or for a period of time determinable by any future event that is certain to occur, but shall not be deemed to include, for purposes of Chapter 3.04, any person in the unclassified service, as defined in Section 1101(a) of the Charter. The entire period of time during which any temporary employee is employed by the city shall be regarded as a period of probation if such employee is appointed as a regular employee in the same position at the termination of his/her appointment as a temporary employee. The director shall establish competitive standards for filling temporary vacancies and for monitoring temporary appointments.

(Prior code § 2002.17; Ord. 26850.)

To "upgrade a position" means to reallocate a position to a different class at a higher salary range, as a result of an increase in the level of duties, functions and responsibilities of the position. (Prior code § 2002.22; Ord. 26850.)

A "vacancy" is a vacant position that has been approved by the appointing authority to be filled. (Ord. 26850.)

• A. "Y-rating" is the practice of temporarily paying an employee at the salary rate he/she received while formerly holding a position in a higher class. Y-rating shall be authorized by the director when a position has been downgraded (reallocated to a different class with a lower salary range).

• B. When a position is downgraded, if there is no salary rate available in the new class that is equal to the rate for the former class, the employee may continue to be paid the salary rate he/she received in the former class. The employee who is Y-rated will continue to receive this rate from the former class until the maximum salary rate for the new class is raised to an amount higher than the rate received from the former class. At that time, the Y-rating status will end and the employee will be paid the higher rate established for the new class.

• (Prior code § 2002.23; Ords. 18299, 26850.)

Part 3

POSITIONS

Sections:

• 3.04.470 Changes in powers, duties and responsibilities of a position.

• 3.04.480 Abolition of positions.

• 3.04.490 Reserved.

• A. The city manager may establish new positions in any department and assign them functions, duties and responsibilities, subject to fiscal or other limitations established by Charter or the council.

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§ 3.04.540

• B. A new position shall be deemed established when the city manager files with the director an order to establish the position that includes the proposed title and a description of general duties, responsibilities and functions, in sufficient detail to enable the director to properly classify the position. New positions may not be filled until classified by the director.

• (Prior code § 2003.2; Ord. 26850.)

• A. Changes in duties, responsibilities and functions of a position can be made by the city manager or the head of the department in which the position is located, subject to any limitations established by Charter or the council.

• B. If and when the general duties, responsibilities and functions of a position are substantially and permanently changed, the head of the department in which the position is located shall report the change to the director. The director will then determine if reallocation is warranted.

• C. A change in specific functions, responsibilities, duties or work assigned to a holder of a particular position shall not be considered substantial if the new functions still fall within, or are covered by, the class specifications of the class to which the position is currently allocated.

(Prior code § 2003.3; Ord. 26850.)

Subject to the limitations or controls established by Charter or the council, the city manager may abolish any position in any department of the city whenever he/she deems the position not to be reasonably necessary.

(Prior code § 2003.4; Ord. 26850.)

Editor’s note— Ord. No. 29879, § 1, adopted Feb. 28, 2017, repealed § 3.04.490, which pertained to police and fire employee positions and derived from Ord. 29396.

Part 4

CLASSIFICATION

Sections:

• 3.04.520 Classification plan - Amendments or revisions.

• 3.04.530 Classification of new positions.

• 3.04.540 Request for reclassification.

• 3.04.550 Investigations.

• 3.04.560 Appeals on position classification.

• 3.04.570 Appointments - Upon reallocation.

• A. The director may make revisions or amendments to the classification plan at any time, including:

  1. Addition or deletion of classes;

  2. Revisions to class specifications, titles or numbers; or

  3. The reallocation of positions from one class to another.

• B. The director shall file with the commission a written copy of any amendment or revision to the classification plan at or before the next regular meeting of the commission following the amendment or revision.

(Prior code § 2004.3; Ord. 26850.)

The director shall classify all new positions, either by allocating a position into an existing class or by amending the classification plan and allocating a position into a new class. (Prior code § 2004.4; Ord. 26850.)

The director shall establish procedural rules for requests for reallocation and classification. Subject to the procedural rules, the city manager or the head of any department may request the director to reallocate or consider the advisability of reallocating any position. Also, subject to the procedural

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§ 3.04.540

rules, the holder of any position may request that the director reallocate the position held by him/her. (Prior code § 2004.6; Ord. 26850.)

The director shall have the authority to investigate the actual duties, responsibilities and functions of any position or position to determine how the position should be classified or whether the position should be reclassified. All department heads and all holders of such positions shall cooperate with the director in facilitating such investigation and ascertaining the relevant facts. (Prior code § 2004.7; Ords. 18299, 26850.)

Any employee whose position is affected by any revision to the classification plan, or by the reallocation or denial of a reallocation request for his/her position, or any bargaining group in which the position is included, may appeal to the commission. The appeal must be filed, in writing, to the secretary of the commission within ten working days following notification by the director. A copy of the appeal shall be sent to the director by the secretary of the commission upon receipt of the appeal, and the proposed action shall not be taken until the commission has ruled on the appeal. The commission shall have the authority to sustain the appeal or uphold the action of the director for appeals of position reallocations. (Prior code § 2004.8; Ords. 18299, 26850.)

If an occupied position is reallocated, the employee holding the position shall be promoted, demoted or transferred as follows:

• A. When the position is reallocated to a higher or lateral class, the employee holding the position will be appointed to the new class by the director, if the employee meets the minimum qualifications for the new class. If the employee does not meet the minimum qualifications, he/she may remain in the position in his/her former

class so long as the appointing authority deems that he/she is fulfilling the needs of the organization. If the employee is not continued in the position, he/she shall be subject to the layoff provisions specified in Section 3.04.1150 of this chapter.

• B. When the position is reallocated to a lower class, the employee may remain in the position without being demoted for up to one year from the effective date of the reallocation. If at the end of the year the employee remains in the position, he/she will be permanently appointed to the position on a y-rated status.

• (Ord. 26850.)

Part 5

RECRUITMENT AND ASSESSMENT

Sections:

• 3.04.600 Nature and type of recruitment and assessments.

• 3.04.610 Internal recruitments.

• 3.04.630 Job announcements.

• 3.04.640 Minimum qualifications.

• 3.04.680 Notification of examination results and review of keyed copy of written portion of examination.

• 3.04.690 Notification of written examination results and review of examination papers.

• 3.04.700 Records retention.

• A. Except as otherwise provided elsewhere in the civil service rules, the nature and type of recruitment and assessments to be conducted for each class or position shall be determined by the director. The assessment techniques used shall be impartial, shall use job-related screening requirements, and shall fairly deter-

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§ 3.04.680

mine the qualifications and the relative merit and fitness of candidates for the classification and position to be filled.

• B. Candidates with comparable qualifications shall be treated in a similar manner in the hiring process. Comparable qualifications include a candidate's education, training, experience, competencies, knowledge, skill, abilities, aptitudes, accomplishments and interests. Qualified candidates shall be considered for appointment to the position. All candidates for a position must also meet minimum qualifications for the class.

(Prior code § 2005.1; Ord. 26850.)

Internal recruitments may be conducted whenever, in the opinion of the director, the needs of the city and the classified civil service so require. (Prior code § 2005.2; Ord. 26850.)

The director is responsible for posting all competitive recruitments and for establishing standards for job announcements.

(Prior code § 2005.4; Ords. 20664, 26850.)

The director shall establish requirements for filling a vacancy and for the selection process. Neither the director, the head of any department, the appointing authority, nor the civil service commission shall establish or require any non-job-related minimum requirement or qualification for employment in the classified service.

(Prior code § 2005.5; Ords. 18840, 26850.)

• A. Except as otherwise provided, any candidate who has taken a written examination or the written portion of an examination may, within seven calendar days from and after the date of completion of such written examination, but

  • only on any such days when the office of the director is open for public business, review a keyed copy of the examination in the office of the director. Review of the keyed copy of the examination by any candidate shall be limited to the purpose of requesting review of such items in the examination as the candidate may believe are incorrectly or improperly keyed. Candidates may, within said seven-calendarday period of review, file with the director a written protest against any item contained in the keyed copy, citing the item or items against which the protest is directed and stating in detail the reason for such appeal, the relief requested, and the grounds therefor. After the expiration date of said seven-calendar-day period, the director shall review the protested items and make such adjustments in the scoring key by correction or elimination of any of the protested items as the director deems appropriate.

• B. Each candidate who files a written protest pursuant to the provisions of this section shall be given written notice by mail of the director's decision thereon.

• C. Within five working days after the date on which notice of decision of the director is mailed, any candidate who has filed a protest as above provided may appeal from an unfavorable determination by the director of his or her protest by filing written notice of such with the commission. Such written notice of appeal shall state the protested questions which were determined by the director adversely to the candidate's protest. Within ten calendar days of filing of any such appeal, the commission shall review the determination of the director that is the subject of the appeal, and may make such adjustments in the scoring key of the examination as it deems appropriate by correction or elimination of protested answers.

• D. Nothing contained in this section shall be deemed to apply to or to give to any candidate

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§ 3.04.680

the right to review any continuous examination, any standardized examination, or any standardized portion of any examination. (Prior code § 2005.9; Ords. 20670, 24330, 26850.)

• A. Each candidate who participates in the written portion of a hiring or promotional examination shall be given notice in writing by first class United States mail of his/her score on such written examination. Any candidate shall have the right to inspect his/her written examination paper within five working days from and after the date on which notice of his/her score is dated by the director, but only on such of said days as the office of the director is open for public business. Each candidate may request rescoring on the basis of errors in computation of scoring of his/her written examination.

• B. Every error in computation shall be corrected by the director immediately upon determination that any error has in fact occurred. No examination paper or any part thereof, nor any record or statement or other thing, which is a part of or related or connected to the examination shall be in any way rescored, altered, amended or otherwise changed or marked by any candidate.

• C. Each candidate who has requested correction of his/her examination paper shall be given written notice by mail of the director's action upon such request.

• D. No candidate shall have the right to inspect papers filled out by an interviewer or an examining board or examining persons in any oral or practical examination, nor examine any answers of any continuous or standardized examination. Nor shall any candidate have the right to inspect records which are exempt from disclosure under the provisions of the California Public Records Act.

(Prior code § 2005.10; Ords. 20666, 21712, 26850.)

The director shall ensure that hiring-related records are securely maintained by the city for time periods determined by the director or dictated by law.

• (Ord. 26850.)

Part 6

ELIGIBLE LISTS AND DISQUALIFICATION

Sections:

• 3.04.750 Background screening.

• 3.04.780 Promotion eligible list - Sworn police and fire classifications.

• 3.04.800 Reinstatement lists.

• 3.04.850 Disqualification and removal from consideration.

• 3.04.855 Medical rejection from a position - Appeal.

• A. The background of candidates for employment may be screened according to standards set by the director.

• B. At such time as their names are placed on the qualified candidates group, and prior to their consideration for appointment by the city's appointing authority, the background of candidates for employment may be screened by the director, and the candidates' names shall be subject to removal from the qualified candidates group should the results of such screening, in the opinion of the director, prove them ineligible for city employment; provided, however, that candidates shall have the right to appeal their removal from the qualified candidates group to the civil service commission.

• (Prior code § 2006.1; Ords. 19755, 26850.)

• A. Resolution of tie scores. If two or more eligibles have identical final scores for purposes of determining eligibility, they shall be ranked

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§ 3.04.780

• upon the eligible list in order of their respective scores in that portion of the examination which has the greatest weight; and thereafter, if two or more eligibles have identical scores, they shall be ranked upon a promotion eligible list according to aggregate full-time service, which shall not be deemed to include, in the case of any employee who has resigned or been discharged and subsequently rehired, any full-time service prior to such resignation or discharge.

(Prior code § 2006.12)

• B. Duration of lists. The names of persons in sworn police and fire classifications who have met the requirements for eligibility shall be placed on an appropriate promotion eligibility list and shall remain thereon for a period of two years from the date of placement on the list, unless removed for cause as provided in these rules. The director may extend or continue the eligibility of such persons for six months at a time, up to a maximum of three years from the original date of such eligibility.

• C. Merging of names on lists. When in the opinion of the director, it becomes necessary or desirable to hold an examination while there still remain names on a Police or Fire promotion eligible list, the director shall hold such examination and shall consolidate or merge names for the same class by rearranging the eligible names in the order of their final scores. Any person whose name appears on an existing eligible list shall have an opportunity to compete in the subsequent examination, provided he/she meets the requirements for said examination, and if he/she so elects, his/her standing on the eligible list shall be determined by either of the two scores secured by him/her on the two examinations at his/her election; but if he/she elects the score on the earlier examination his/her name shall not remain on the eligible list for a longer period of time than would have been the case but for such merger or consolidation of the lists.

• D. Removal of names from lists. Names of eligibles shall be removed or withheld from certification from any eligible list by the director for any of the following reasons:

  1. Inability of postal authorities to deliver mail to the eligible within a reasonable time;

  2. Conviction of a felony if related to the duties of the position and the ability to perform the job, or conviction of a misdemeanor involving moral turpitude if related to the duties of the position and the ability to perform the job. With regards to peace officers, conviction of a felony is automatically disqualifying under state law;

  3. Proof of fraud or false statements in the application, or proof of fraudulent conduct in connection with an examination;

  4. Appointment to a position in the class for which the eligible list was established, or for which the list is deemed suitable by the director;

5. Waiver by applicant of three offers of appointments, except this shall not apply to offers of temporary appointments;

   6. Waiver by applicant on three occasions of interviews after certification on an eligible list, except that this shall not apply to temporary appointments;

   7. Eligible's request to be removed, death of the eligible, or, resignation from the service by an eligible;

   8. Failure to appear or to arrange for an interview with an appointing authority within seven days after notification of certification, or failure to appear for work after appointment;

   9. Declination of an appointment without reason satisfactory to the director;

   10. Request for waiver of certification determined to be capricious or unfounded by the director;

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§ 3.04.780

11. Failure of the eligible to meet medical standards required to be met by applicants for employment in the applicable classification of positions;

12. For other reasonable cause.

• E. Appeal of removal from list. Any person whose name is removed from an eligible list for any such reason, except those reasons set out in paragraphs 4 and 7 above, may within thirty calendar days after such notice of removal was placed in the mail, appeal in writing to the commission to have such person's name replaced on the list. If it finds that there is a good cause therefor, the commission may order replacement of such person's name on the list; provided however, that if a person's name has been removed from an eligible list due to failure to satisfy either a background standard or psychological standard, then such person's name shall not be replaced on the eligible list unless the commission determines that there was not substantial evidence to support the decision of the director in removing or withholding said person's name from the eligible list. Notice need not be mailed or otherwise given following removal of any name from an eligible list for any of the reasons set out in paragraphs 4 and 7 above.

• F. Number of names to be certified as available for appointment.

  1. Except as otherwise hereinafter provided, when one vacancy is to be filled, the director shall certify as available for appointment thereto the names of ten eligibles standing highest on the applicable list of eligibles, or if there are less than ten available, the names of such lesser number of eligibles. The city manager may appoint any one of said ten eligibles to fill said vacancy, or if less than ten are certified as available, he/she may either appoint one of said lesser number to fill the vacancy, or request the director to administer a new examination for the purpose of increasing the number of available eligibles

from which the city manager may select a person to fill such vacancy. In the latter event, the director shall give such examination for the purpose of increasing the number of available eligibles.

2. When more than one vacancy is to be filled, the director shall certify as available for appointment to such vacancies the names of eligibles standing highest on the applicable list of eligibles equal in number to the number of vacancies to be filled and ten more in addition thereto, or if there are less than such number available, the names of such lesser number of eligibles. The city manager may appoint any of said eligibles so certified as available to fill any of said positions; also, if the number of names certified to him/her is less than the number of vacancies plus ten, he/she may request the director to administer a new examination for the purpose of increasing the number of available eligibles, from which he/she may select persons to fill said vacancies, to the number of vacancies plus ten. In the latter event, the director shall give such examination to increase the number of available eligibles.

• G. Removal and restoration of names from lists following resignation. Names of eligibles shall be removed from any promotion eligible list by the director upon the effective date of any resignation of any such eligible. Upon reemployment pursuant to Section 3.04.1530, a former employee shall have his/her name restored to any promotion eligible list from which it was removed at the time of resignation in the position thereon that it would have occupied but for such resignation, if such eligible list has not expired prior to such reemployment.

• (Prior code §§ 2006.4, 2006.9; Ords. 19711, 20669, 20955, 21684, 22384, 26850.)

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§ 3.04.855

Names shall be placed on appropriate reinstatement eligible lists by the director in the following order:

• A. First, any person who is eligible for any employment or required to be employed by reason of cessation of eligibility for disability retirement benefits under any retirement plan of the city;

• B. Second, regular employees who have been laid off for lack of work, purposes of economy, curtailment of positions, or other reasons.

(Prior code § 2006.6; Ords. 18299, 26850.)

The director shall establish standards for disqualifying candidates from further consideration in a selection process, and for addressing candidate concerns about the nature or implementation of selection processes. The director shall report to the commission on any concerns raised by candidates regarding the nature or implementation of selection processes and any corrective action taken at every regular meeting of the civil service commission.

• A. Candidates may be removed from a qualified candidate group for causes such as the following:

  1. Inability to contact candidate in a timely fashion (such as returned mail, disconnected phone or e-mail);

  2. Conviction of a felony if related to the duties of the position and the ability to perform the job or conviction of a misdemeanor involving moral turpitude if related to the duties of the position and the ability to perform the job. With regards to peace officers, conviction of a felony is automatically disqualifying under state law;

  3. Proof of fraud or false statements in the application, or proof of fraudulent conduct in connection with an assessment process;

  4. Failure to appear for an interview;

  5. Termination for cause.

• B. Any candidate who is removed from a qualified candidate group for any such reason, may within thirty calendar days after such notice of removal was placed in the mail, appeal in writing to the commission to have such person's name replaced in the qualified candidate group. If it finds that there is a good cause therefor, the commission may order replacement of such person's name in the qualified candidate group; provided however, that if a person's name has been removed from a qualified candidate group due to failure to satisfy either a background standard or psychological standard, then such person's name shall not be replaced in the qualified candidate group unless the commission determines that there was not substantial evidence to support the decision of the director in removing or withholding said person's name from the qualified candidate group.

(Prior code § 2006.9; Ords. 19711, 20669, 20955, 21684, 22384, 26850.)

• A. The personnel director shall reject for employment in a position any person in a qualified candidate group who fails to meet the medical requirements for that position.

• B. Any person who has been rejected for employment for failure to meet the medical requirements for a position may, within ten days after mailing to him/her of notice of such status, appeal to the civil service commission to have his/her name reinstated for consideration for that position if it remains unfilled, or to be considered for positions having similar medical requirements in that classification. If it finds good cause therefore, the commission may order replacement of his/her name in the qualified group for such position, if such po-

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sition remains unfilled, or to have him/her considered for positions in that classification having similar medical requirements. Nothing in this section shall require that any position must be kept open for the appellant pending this appeal.

(Ords. 20192, 26850.)

Part 7

FILLING OF VACANCIES

Sections:

• 3.04.900 Vacancy - Director to be notified.

• 3.04.910 Appointments to be from among qualified candidates.

• 3.04.920 Integrity of the hiring process.

• 3.04.930 Non-competitive appointments.

• 3.04.940 Fair hiring practices.

• 3.04.960 Favoritism prohibited.

• 3.04.990 Appointments - Probationary period.

• 3.04.1000 Probationary period - Authority and purpose.

Whenever a vacancy in the classified service is to be filled, the city manager or designee shall notify the director and request to fill the position. (Prior code § 2007.2; Ord. 26850.)

Except as otherwise provided elsewhere in the civil service rules, all vacancies shall be filled by qualified candidates through a process approved by the director. The director shall forward qualified candidate names to the hiring department for interview and selection consideration to adequately meet the operational needs of the city. (Prior code § 2007.1; Ord. 26850.)

• A. The director is responsible for setting standards in the hiring process, assuring reason-

able adherence to standards, providing quality control, and taking any corrective action, up to and including the annulment of an entire recruitment, screening, and selection process.

• B. The director shall establish training standards for the hiring process and ensure that any city representative participating in the hiring process, including recruiting, screening and selection, is adequately trained.

• C. The director shall develop standards and guidelines to ensure that candidates are evaluated in an open and fair process where standards are applied in a consistent manner. The director may delegate portions of the hiring process to the hiring department, based on the director's judgment that the hiring department has met training and proficiency standards in carrying out the hiring process.

• D. The director shall provide an annual evaluation report to the commission on the hiring process over the prior year, including hiring information for each department.

• (Ord. 26850.)

• A. As an alternative to the city's standard (competitive) recruitment process, and under policies and standards established by the director, a position may be filled through merit-based, non-competitive selection processes. All noncompetitive recruitment processes and appointments must be approved by the director.

  1. Circumstances that require a non-competitive appointment include:

     • a. Cessation of eligibility for disability retirement benefits under any retirement plan of the city and eligibility for reemployment;

     • b. Return to former class due to inability to successfully complete probation for a promotion;

     • c. Reallocation of an occupied position;

     • d. Return from unclassified service (as provided by Charter Section 1105),

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if the employee has not been guilty of infamous, disgraceful or dishonest conduct;

  - e. Reinstatement of employees who have been laid off. 

2. Circumstances allowing for but not requiring a non-competitive appointment may include, but are not limited to:

   • a. Reemployment within three years of a positive separation from the city, if the employee had permanent status;

   • b. Voluntary demotion;

   • c. Return to former class, except where separation from the previous class was based on a disciplinary demotion or dismissal;

   • d. Promotion in a flexibly-staffed position;

   • e. Transfers;

   • f. Modified duty placement;

   • g. Appointments to meet the needs of the city as determined by the director.

• B. The director shall report to the commission the number and type of non-competitive appointments at each regular commission meeting.

• (Ord. 26850.)

Hiring activities and decisions shall be conducted in a manner consistent with Charter provisions regarding selection based on merit and fitness, and consistent with local, state, and federal laws, statutes, and regulations governing employment.

(Ord. 26850.)

• A. No employee shall appoint, employ or participate in a hiring decision involving any person within his/her immediate family, nor use his/

her position to influence another city employee to hire a member of his/her immediate family.

• B. For the purposes of this policy, immediate family is defined as wife, husband, domestic partner, mother, father, brother, sister, son, daughter; mother/father/brother/sister/son/ daughter-in-law; grandmother/father/son/ daughter; step-mother/father/son/daughter; uncle, aunt, niece or nephew. These familial relationships include blood, marriage and domestic partner-based relationships.

• C. A domestic partner, as referenced above, must be the domestic partner registered with the employee services department.

• D. At the employee services director's discretion, he/she may correct or halt a recruitment or appointment process if necessary to prevent selections that are inconsistent with a determination of merit and fitness.

(Prior code § 2007.13; Ord. 26850.)

• A. All probationary appointments shall be tentative and subject to successful completion of a probationary period. Except in the case of persons who are employed for a seasonal term, paid at a daily rate of pay, and supervised, controlled and observed during substantially more than eight hours per workday, such probationary period shall not be less than six months of actual service, and in the case of such seasonal employees, the probationary period shall not be less than one entire season of employment.

• B. The commission may, by resolution, establish a longer probationary period, not to exceed twelve months of actual service, for such classes as it may specify, if it deems that such longer period of time is reasonably necessary to fulfill the objectives of the probationary period.

• C. The above provisions shall not apply to any temporary appointment.

• (Prior code § 2007.8; Ords. 24634, 26850.)

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§ 3.04.1000

purpose.

The director shall establish the probationary review system, including the standards for probationary evaluation and probation extension, and shall ensure compliance. The hiring department must evaluate and recommend whether a probationary employee passes probation. The probationary period shall be regarded as a part of the assessment process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his/her position.

(Prior code § 2007.9; Ord. 26850.)

• A. During the probationary period, an employee may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the director.

• B. A permanent employee who is rejected during a probationary period in a higher or lateral class shall be reinstated to a position in his/her former class or to a class deemed comparable by the director.

(Prior code § 2007.10; Ord. 26850.)

Part 8

TRANSFERS

Sections:

• 3.04.1080 Transfers from unclassified to classified service - Conditions.

• 3.04.1090 Transfers from unclassified to classified service - Procedures for persons displaced.

A vacancy may be filled by transfer of a regular employee. Employees seeking transfer shall apply for the vacancy in the same manner as other candidates. The city manager may transfer employees without posting a job announcement. (Prior code § 2008.1; Ord. 26850.)

No change, substantial or insubstantial, in specific assignments or in specific duties of the same position, shall be deemed to be a transfer, but such changes shall be governed by the provisions of Section 3.04.470.

(Prior code § 2008.2; Ord. 26850.)

Transfers within the same classification shall not be subject to the probationary period provisions of Part 7 of this chapter. (Prior code § 2008.4; Ord. 26850.)

service - Conditions.

In the event an officer or employee of the city who heretofore held or now holds a position in the classified service was thereafter or is hereafter appointed to a position in the unclassified service, and should subsequently be removed or resign from the unclassified service, he/she shall have the right, if he/she has not been guilty of infamous, disgraceful or dishonest conduct, to be employed forthwith in a position consonant with his/her former classification in the classified service without loss of any rights or privileges and upon the same terms and conditions as if he/she had remained in said classification.

(Prior code § 2008.5; Ord. 26850.)

Whenever it shall be necessary pursuant to Section 3.04.1080 above for the city manager to

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§ 3.04.1170

transfer a person from the unclassified service to the classified service, the city manager may make available for such person a position consonant with his former classification without loss of any rights or privileges and upon the same terms and conditions as if he/she had remained in said classification, it being understood that Part 9 of this chapter pertaining to layoff procedures, or the applicable provisions in a memorandum of agreement or understanding entered into by the city and a recognized employee organization pertaining to layoff procedures, shall apply to said person immediately upon his/her transfer from the unclassified service to the classified service. If any person is displaced from his/her position due to the city manager's decision to transfer a person from the unclassified service to the classified service pursuant to Section 3.04.1080, the provisions set forth in Part 9 of this chapter pertaining to layoff procedures or the applicable provisions in a memorandum of agreement or understanding entered into by the city and a recognized employee organization pertaining to layoff procedures shall apply to said displaced persons.

(Prior code § 2008.6; Ord. 26850.)

==> picture [30 x 9] intentionally omitted <==

LAYOFFS

Sections:

• 3.04.1180 Reassignment in lieu of layoff.

• 3.04.1190 Definitions for use in Part 9.

• 3.04.1200 Promotion as result of layoff.

• 3.04.1210 Layoff reinstatement eligible list.

• 3.04.1220 Reinstatement of benefits.

• 3.04.1230 Former communications

  • department employees - Selective certification.

The provisions in a "memorandum of understanding" entered into by the city and a recognized employee organization concerning layoffs and reinstatement after layoff shall supersede the provisions of Section 3.04.1160 of this Code as to all employees represented by that recognized employee organization.

(Prior code § 2008.19.)

• A. When one or more employees in the same class in a city department are to be laid off for lack of work, purposes of economy, curtailment of positions or other reason, the order of layoff shall be as follows:

  1. Provisional employees in the order to be determined by the appointing authority;

  2. Probationary employees in the order to be determined by the appointing authority;

  3. Permanent employees in inverse order of seniority within the classification being reduced, or in a higher class.

• B. Permanent employees shall be given every opportunity for transfer to other departments when layoff is pending.

• C. When an employee in a city department would be required, as a result of layoff proposed for the reasons specified herein, to displace the least senior employee in the same classification but in a different city department because of the procedure otherwise applicable in paragraph 3, such employee may, in lieu of displacement and the layoff otherwise required under paragraph 3, be laid off by the city in its discretion upon such employee's request.

• (Prior code § 2008.20; Ord. 19578.)

Employees subject to the provisions of this Part 9 shall, wherever possible, be given at least thirty calendar days' notice in writing prior to the effective date of layoff. The appropriate employee

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§ 3.04.1170

organizations shall receive concurrent notice and, upon written request within seven calendar days after the notice is given, shall be afforded an opportunity to meet with the appropriate city representatives to discuss the circumstances necessitating the layoff and any proposed alternatives to such layoff. (Prior code § 2008.20a; Ord. 19578.)

In the event of layoff, any employee so affected may elect to:

• A. Accept a position in a lateral or lower class in which the employee has previously served, or a position in a lateral or lower class within the series containing the class from which the employee is being laid off, provided the employee is otherwise qualified and is more senior than the least senior employee in such lateral or lower class.

• B. Accept a vacant position in a lateral or lower class for which the employee has the necessary education, experience, and training as determined by the director. Adverse decisions of the director regarding necessary education, experience and training may be appealed to the civil service commission provided the employee files such appeal with the secretary of the commission within ten working days of the date of being notified of the adverse decision.

(Prior code § 2008.20b; Ords. 19578, 24634.)

As used in this Part 9, the following words and phrases shall be defined as follows:

• A. Except as otherwise provided in Section 3.04.1160.A.3. above, seniority shall be defined as the length of continuous paid employment within any permanent class within the classified service of the city. Seniority shall be retained but shall not

accrue during any period of leave without pay, except for authorized military leave.

• B. A lower class shall mean a class with a lower salary range.

• C. A position in a lateral class shall mean a position in a class with the same salary range.

• D. A position in a higher class shall mean a position in a class with a higher salary range.

(Prior code § 2008.20c; Ord. 19578.)

Except as otherwise provided herein, no employee shall be entitled to a position in a higher class as a result of the application of the provisions of this part.

(Prior code § 2008.20d; Ord. 19578.)

• A. The names of such persons laid off in accordance with the provisions of this part shall be placed upon a reinstatement eligible list in inverse order of seniority, i.e., the person with the greatest seniority on the reinstatement eligible list for the classes affected shall be offered reinstatement when a vacancy exists in the affected class. In the event the person refuses the offer of reinstatement, such person's name shall be removed from the reinstatement eligible list unless such person has reinstatement rights under the provisions of this topic to a higher class than the one in which the reinstatement is being refused.

• B. In the event an employee accepts reinstatement to a lower class to which he is entitled, such person's name shall remain on the reinstatement eligible list for reinstatement to a lateral class provided such person, except for lack of seniority, would have been otherwise entitled to such lateral class at the time of the most recent layoff.

• C. Any person who is reinstated to a class which is the highest class to which he would have

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§ 3.04.1270

been entitled at the time of the layoff shall have his name removed from the reinstatement eligible list.

• D. In the event a person on layoff cannot be contacted by the city through usual and customary channels within ten working days, such person's name shall be removed from the reinstatement eligible list; providing, however, that such person within the two-year period specified herein may request that his name be replaced on the reinstatement eligible list and such person's name may, in the sole discretion of the director, be returned to the reinstatement eligible list.

(Prior code § 2008.20e; Ord. 19578.)

Upon reinstatement to any classification to which the employee is entitled pursuant to the provisions of this part, all benefits acquired by the employee prior to his layoff shall also be reinstated. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.

(Prior code § 2008.20f; Ord. 19578.)

Each former city communications department employee who qualifies for employment through examination prior to the expiration of six months after the date on which his former employment by the city ceased due to the transfer of functions of the communications department to the county of Santa Clara may be selectively certified for appointment without regard to his standing on the list from an applicable open competitive eligible list for an entry level vacancy in a city position. (Prior code § 2008.22.)

Part 10

LEAVES OF ABSENCE

Sections:

• 3.04.1270 Leave of absence without pay - Provisions in memorandum of understanding.

• 3.04.1280 Return to duty from leave without pay.

• 3.04.1290 Restoration to eligible list following military leave.

Each and every leave granted to any officer or employee of the city shall specify clearly the date of commencement and the date of termination thereof. (Prior code § 2009.7.)

The appointing authority may grant an initial leave of absence without pay for the good of the service or for the benefit of the employee for a period not to exceed twelve months. Extensions of the leave may be granted with the approval of the appointing authority provided that the total of such extensions shall not exceed a total of twelve months. Any leave granted hereunder may be revoked or cancelled at any time by the appointing authority by notice in writing mailed to the address of the employee on file in the office of the personnel director stating when, not less than thirty days thereafter, said leave shall be revoked or cancelled. (Prior code § 2009.1; Ord. 18273.)

The provisions in a memorandum of understanding entered into by the city and a recognized employee organization concerning leaves of absence without pay shall supersede, with respect to all employees represented by that recognized em-

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§ 3.04.1270

ployee organization, the provisions of this Part 10 of this Code concerning leaves of absence without pay. (Prior code § 2009.8.)

Each employee who is granted a leave of absence without pay pursuant to Section 3.04.1260 above shall be entitled to return to the position held by him before the commencement of said leave; or, if such position has been abolished or otherwise has ceased to exist during his absence, to a position of like status and pay if such position exists, provided and excepting, however, that the provisions of this sentence shall not apply to any employee who does not return to his employment on the first working day following expiration of such leave of absence without pay. However, if such employee should return to duty after the first working day and before the sixtieth working day following expiration of his said leave of absence, the city manager may return said employee to duty upon showing of good cause therefor.

(Prior code § 2009.2; Ord. 18299.)

Any person whose name appears on any eligible list and who, prior to appointment therefrom has entered into active duty in any of the Armed Forces of the United States may, upon his request, within not more than ninety days from and after the date of termination of such military service, providing the same be terminated under conditions other than dishonorable, as undesirable or for bad conduct, have his name restored to the eligible list on which his name appeared, or to an eligible list for a position deemed by the director to be equivalent thereto, at a place corresponding to his score in the examination. Any name placed upon any eligible list pursuant to the provisions of this section shall remain thereon for such period of time as it would have remained upon the list that was in effect at the time of the person's entry into military service. (Prior code § 2009.6.)

No officer or employee in the classified service shall absent himself from duty without leave, except in case of sickness or great emergency. Failure to report for duty as scheduled or failure to notify the city manager of the reason for such absence from duty within forty-eight hours of the commencement thereof may be deemed to constitute resignation from the service, and the position may be declared vacant. If the city manager finds that such absence was excusable by reason of sickness or great emergency, he may grant such officer or employee leave without pay for such period of time as may reasonably be required therefor, not to exceed thirty calendar days. If provision is made elsewhere in these rules or in any other ordinance of the city for leave to be used by any officer or employee in certain specified circumstances, such circumstances shall not be deemed also to constitute a "great emergency" hereunder. Any officer or employee may appeal from any decision respecting facts sufficient to constitute a great emergency to the commission. (Prior code § 2009.4.)

Part 11

DISCIPLINARY ACTION AND DISMISSAL

Sections:

• 3.04.1360 Disciplinary action - Authorized when.

• 3.04.1370 Causes for discipline.

• 3.04.1380 Disciplinary action - Notice requirements.

• 3.04.1390 Answer to notice of discipline - Filing.

• 3.04.1400 Amended or supplemental notices.

• 3.04.1410 Hearing - Procedures and requirements generally.

• 3.04.1420 Subpoena power.

• 3.04.1430 City attorney to represent appointing authority.

• 3.04.1440 Failure to appear.

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§ 3.04.1380

As used in this Part 11:

• A. "Demotion" means such action by the city manager as shall cause an employee's appointment in one classification to be terminated, and an appointment to be made of such employee in another and different and lower-paid classification.

• B. "Disciplinary action" means dismissal, demotion or suspension of any employee.

• (Prior code §§ 2016.2, 2016.3.)

In conformity with this Part 11, disciplinary action may be taken against any officer or employee, except as otherwise provided by the Charter, for any cause for discipline specified in this part. (Prior code § 2016.1.)

Each of the following constitutes cause for discipline of an employee or person whose name appears on any employment list:

• A. Malfeasance;

• B. Misconduct;

• C. Incompetence;

• D. Failure to satisfactorily perform the duties of his position;

• E. Failure to observe applicable rules and regulations;

• F. Failure to cooperate reasonably with his superior officer or fellow officers or employees;

• G. Fraud in securing appointment;

• H. Inefficiency;

• I. Inexcusable neglect of duty;

• J. Insubordination;

• K. Dishonesty;

• L. Drunkenness on duty or drinking of alcoholic beverages;

• M. Chronic alcoholism;

• N. Use of narcotic or habit-forming drugs without prescription;

• O. Inexcusable absence without leave;

• P. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;

• Q. Discourteous treatment of the public or other employees;

• R. Unlawful political activity;

• S. Willful disobedience;

• T. Misuse of city property;

• U. Any violation of departmental conflict of interest codes approved by the city council and adopted pursuant to Chapter 7 of the Political Reform Act of 1974 (Government Code § 87100);

• V. Any other act, either during or outside of duty hours which is detrimental to the public service.

(Prior code § 2016.4; Ord. 18502.)

• A. The appointing authority may take disciplinary action against an employee for one or more of the causes for discipline specified in this part, as follows:

  1. Where the contemplated discipline is a demotion, dismissal or suspension, by personally serving the employee with a written "notice of intended discipline," setting forth the specific nature thereof, the length and commencement date if it be a suspension, and the reasons for the proposed discipline, along with a copy of the charges and materials upon which the action is based. Said "notice of intended discipline" shall also advise the employee that he has five calendar days in which to respond either personally or in writing at an informal hearing before the department head making the charges

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§ 3.04.1380

or the appointing authority-or the person designated by either-and may appear with counsel or representative, to show cause, if any, why such discipline should not be imposed; provided, however, that said five-day period may be extended by department head or appointing authority upon the employee's timely request in writing and for reasons of employee's convenience and necessity.

• B. No disciplinary action of any type or duration shall be valid unless a formal written notice thereof is served upon the employee and filed with the secretary of the commission within seventy-two hours of the effective date of the discipline. Such notice of suspension, demotion or dismissal shall be served upon the employee either personally or by mail and shall include:

  1. A statement of the nature of the disciplinary action;

  2. A statement in ordinary, concise language of the acts or omissions upon which the causes are based;

  3. The effective date of the action; and

  4. A statement advising the employee of his right to answer and setting forth that the response must be made within the time period specified in the notice of suspension, demotion or dismissal, if his answer is to constitute an appeal.

• C. The procedures set forth hereinabove shall not apply to probationary employees who are rejected from probation, pursuant to Section 3.04.1010 of the San José Municipal Code.

• D. The procedures set forth hereinabove shall not preclude an employee from entering into a written agreement with the city to settle a pending disciplinary matter, and further shall not preclude an employee from waiving any of the notice provisions, hereinabove provided for, as part of that written settlement agreement. A copy of any such disciplinary settlement agreement shall be filed with the commission.

(Prior code § 2016.5; Ords. 20017, 20893.)

Not later than twenty days after service of the notice of disciplinary action, the employee may file with the commission a written answer to the notice, which answer shall be deemed to be a denial of all of the allegations of the notice of disciplinary action not expressly admitted, and a request for hearing or investigation as provided in this part. With the consent of the commission, an amended answer may be filed. If the employee fails to answer within said twenty calendar days, or after answer withdraws his appeal, the disciplinary action taken by the appointing authority shall be final. A copy of the employee's answer, and of any amended answer, shall be given promptly by the secretary of the commission to the appointing authority. (Prior code § 2016.6; Ord. 20801.)

At any time before an employee's appeal is submitted to the commission for decision, the appointing authority may, with the consent of the commission, serve on the employee and file with the commission an amended or supplemental notice of disciplinary action. If the amended or supplemental notice presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare his defense thereto, but he shall not be entitled to file a further answer unless the commission so orders. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegations may be made orally at the hearing or investigation and shall be noted in the record. (Prior code § 2016.7.)

• A. Whenever an answer is filed to a disciplinary action, the commission shall hold a hearing within forty-five (45) days from and after the date on which said answer is filed, or at such other time as may be agreed to by the officer or employee filing the answer and the commission. The commission shall notify the parties

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§ 3.04.1410

in writing of the time and place of the hearing. Except as provided in subsection D. below, the hearing shall be open to the public and held in the council chambers or other regular meeting place of the commission. The hearing shall be presided over by a member of the civil service commission who is admitted to practice law in the Supreme Court of the State of California, and he or she shall rule on all questions of the sufficiency of the charges, procedures, and the admission and exclusion of evidence. Such hearing shall be conducted in accordance with the provisions of Section 11513 of the California Government Code, which reads as follows:

1. Oral evidence shall be taken only on oath or affirmation.

2. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against the party. If the respondent does not testify in his or her own behalf, the respondent may be called and examined as if under crossexamination.

3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

4. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action.

   5. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.

   6. The presiding officer shall have discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

• B. Either by deposition or at the hearing, the employee may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code. The employee shall be allowed to appear personally at the hearing, shall have the right to legal counsel or lay representation of the employee's choice at all times throughout the proceeding, and shall be allowed to produce such competent evidence in his or her own defense and in rebuttal of the charges as the employee or the employee's counsel may wish to offer.

Section 776 of the Evidence Code. The employee shall be allowed to appear personally at the hearing, shall have the right to legal counsel or lay representation of the employee's choice at all times throughout the proceeding, and shall be allowed to produce such competent evidence in his or her own defense and in rebuttal of the charges as the employee or the employee's counsel may wish to offer.

• C. The commission shall supply a phonographic or stenographic reporter to record all testimony adduced at the hearing. Either the commission or the employee may order a transcript of the hearing to be prepared, and, except as provided in subsection E. below, such transcript shall be filed with the commission as a public record. If such transcript is ordered by the employee or the employee's representative, the employee shall pay the cost thereof. If such transcript is ordered by the commission, the cost thereof shall be paid from money appropriated therefor by the city council.

• D. The hearing for an employee in a City of San José Peace Officer Classification shall be closed to the public unless the employee requests a hearing which is open to the public. For purposes of this section, "peace officer" shall mean peace officers covered by Public Safety Officers Procedural Bill of Rights Act (Gov. Code Sections 3300 - 3312). Representatives designated by the city manager's office and the

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§ 3.04.1410

employee's department or office shall not be considered members of the public and shall not be excluded from the hearing.

• E. The transcript of a hearing for an employee in a City of San José Peace Officer Classification shall be sealed unless the employee requests the transcript be made public or unless ordered open by a court of competent jurisdiction.

(Prior code § 2016.8; Ords. 18347, 18394, 28314.)

In any hearing conducted by the commission, it shall have the power to subpoena and require the attendance of witnesses, and the production of books, papers and other evidence pertinent to the investigation and to administration of oaths to witnesses.

(Prior code § 2016.11.)

At any and all hearings conducted hereunder, the city attorney or his authorized representative shall represent the appointing authority. (Prior code § 2016.16.)

Failure of the employee to appear at the hearing shall be deemed a withdrawal of his answer and the action of the appointing authority shall be final.

(Prior code § 2016.9.)

• A. In arriving at a decision, the commission may consider any prior suspension or suspensions of the employee by authority of any appointing authority, or any prior proceedings under this chapter. The decision shall be in writing and contain findings of fact and the disciplinary action, if any. The findings may be stated in the language of the pleadings or by refer-

ence thereto. Copies of the decision shall be delivered to the parties personally or sent to them by registered mail.

• B. The commission shall render a decision within a reasonable time after the hearing or investigation. The disciplinary action taken by the appointing authority shall stand unless modified or revoked by the commission. If the commission finds that the cause or causes for which the disciplinary action was imposed were insufficient or not sustained, or that the employee was justified in the course of conduct upon which the causes were based, it may modify or revoke the disciplinary action and it may order the employee returned to his position, either as of the date of the disciplinary action or as of such later date as it may specify. The decision of the commission shall be entered upon the minutes of the commission.

• (Prior code § 2016.10.)

Dismissal of an employee from the service shall, unless otherwise ordered by the commission:

• A. Result in the automatic removal of the employee's name from any and all eligible lists on which it may appear;

• B. Terminate the salary of the employee as of the date of dismissal, except that he shall be paid any unpaid salary, and be paid for any and all unused and accumulated vacation, and any and all accumulated compensating time off or overtime to his credit as of the date of dismissal.

• (Prior code § 2016.12.)

Whenever the commission revokes or modifies a disciplinary action and orders that the employee be returned to his position, it shall direct the payment of salary to the employee for such period of time as the commission finds the disciplinary action was improperly in effect. Salary shall not be authorized or paid for any portion of a period of

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§ 3.04.1500

disciplinary action that the employee was not ready, able and willing to perform the duties of his position, whether such disciplinary action is valid or not, or the causes on which it is based state facts sufficient to constitute cause for discipline. (Prior code § 2016.13.)

• A. Within fifteen days after the receipt of a copy of the decision rendered by the commission in a proceeding under this part, the employee or the appointing authority may apply for a rehearing by filing with the commission a written petition therefor. Within fifteen days after such filing, the commission shall cause notice thereof to be served upon the other parties to the proceedings by mailing to each a copy of the petition for rehearing, in the same manner as prescribed for notice of hearing.

• B. Within forty-five days after service of notice of filing of a petition for rehearing, the commission shall either grant or deny the petition in whole or in part. Failure to act upon a petition for rehearing within this forty-fiveday period is a denial of the petition.

• (Prior code § 2016.14.)

• 3.04.1532 Medical standards on reemployment.

• 3.04.1534 Notice of rejection and appeal on reemployment medical standards.

• 3.04.1540 Nondisciplinary removal from a class.

This section is applicable to each employee of the city holding a regular position in the classified service, other than persons holding such positions by virtue of emergency or provisional appointments, who has satisfactorily served his or her probationary period of service in such position; hereinafter referred to as "covered employees."

• A. No covered employee may be suspended without pay, demoted or dismissed from his or her position in the classified service, except for cause such as, but not limited to:

  1. Malfeasance;

  2. Misconduct;

  3. Incompetence;

  4. Insubordination;

If the petition for rehearing is granted, the matter shall be set down for hearing by the commission. The hearing shall be conducted as to the matters on which granted in substantially the same manner and under like rules of procedure as an original hearing upon charges under this part. (Prior code § 2016.15.)

Part 12

SUSPENSION, DEMOTION, DISMISSAL AND RESIGNATION

Sections:

5. Inefficiency;

   6. Failure to satisfactorily perform the duties of his or her position;

   7. Failure to satisfactorily observe applicable rules and regulations; or

   8. Failure to cooperate reasonably with his or her superior or fellow officers or employees.

• B. Any such covered employee shall be given a written notice of his or her suspension, demotion or dismissal, in the manner and within the time specified in the civil service rules, not to exceed seventy-two hours from the time of such reduction in pay, suspension, demotion or dismissal. The notice shall contain a statement of the specific reason or reasons for the suspension, demotion or dismissal.

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• C. The covered employee may appeal to the civil service commission for a review of the suspension, demotion or dismissal by filing a written notice of appeal with the secretary of the commission within the time specified in the civil service rules, not to exceed thirty days from the date he or she is given the written notice. The notice of appeal shall contain such answer as the covered employee may have to the charges made against him or her. The secretary of the commission shall immediately transmit a copy of the notice of appeal, including the answer, to the appointing authority.

• D. A hearing on the appeal, at which the commission or a hearing officer designated, as the commission may determine as hereinafter specified, shall be held to review the action of suspension, demotion or dismissal. The hearing shall be held within forty-five days from the date on which the notice of appeal is filed, or at such other time as may be agreed to by the covered employee and the civil service commission. If the appeal is to an action of dismissal, the hearing may be held by a hearing officer only with the express consent of the covered employee.

• E. If the commission determines that the hearing shall be held by a hearing officer, it shall note such order in its minutes, and the clerk of the commission shall notify the parties of such order; within not less than ten days before the date of hearing. If the appellant and the appointing authority are otherwise unable to agree upon the person to act as hearing officer, each shall designate the names of five proposed hearing officers. The names on the list shall be stricken individually in succession by the parties alternately commencing with the appointing authority or his or her representative, until only one name remains on the list. If the com-

mission approves the person so designated, he or she shall be appointed by the commission as the hearing officer to hear the appeal. If the commission does not approve the person to act as hearing officer in such appeal, the parties shall propose additional names and alternately strike names from the list or lists, until the commission approves a person to be appointed by the commission as the hearing officer to hear the appeal. Reasonable fees and expenses of such hearing officers shall be paid by the city from moneys appropriated for this purpose by the council.

person to act as hearing officer in such appeal, the parties shall propose additional names and alternately strike names from the list or lists, until the commission approves a person to be appointed by the commission as the hearing officer to hear the appeal. Reasonable fees and expenses of such hearing officers shall be paid by the city from moneys appropriated for this purpose by the council.

• F. At the hearing, both the covered employee and the appointing authority whose action is being reviewed, and their respective representatives, shall have the right to be heard and to present evidence. If an appeal is heard by a hearing officer, he or she shall prepare a proposed decision, in such form as may be adopted by the commission as the decision in the case. A copy of the proposed decision shall be filed by the commission as a public record, and copies shall be furnished to each party within ten days after the proposed decision is filed with the commission. Either the commission or the covered employee may order a transcript of the hearing to be prepared, and the transcript shall be filed with the commission as a public record. If such transcript be ordered by the covered employee, he or she shall pay the cost of the transcript. If a transcript is ordered by the commission, the cost shall be paid from moneys appropriated for this purpose by the council.

• G. Within a reasonable time after the proposed decision is filed, the commission shall consider the proposed decision. If the proposed decision is not adopted as recommended by the hearing officer, each

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party shall be notified of this action. The commission may then decide the case on the record, including the transcript, if any, with or without taking any additional evidence, or may hear the case de novo, or may refer the case to the same or another hearing officer to take additional evidence. If oral evidence in addition to the written record is introduced before the commission, no member of the commission may vote unless he or she has heard the additional oral evidence. If the case is assigned to a hearing officer, he or she shall prepare a proposed decision as provided above upon the additional evidence and the transcript, if any, and other papers which are part of the record of the prior hearing. A copy of the proposed decision shall be furnished to each party and filed by the commission as provided in this section. Either the commission or the appellant covered employee may request a transcript of such additional evidence to be prepared, and the transcript shall be filed with the commission as a public record. If the transcript is ordered by the appellant covered employee, he or she shall pay the cost of the transcript. If the transcript is ordered by the commission, the cost shall be paid from moneys appropriated for this purpose by the council.

overed employee may request a transcript of such additional evidence to be prepared, and the transcript shall be filed with the commission as a public record. If the transcript is ordered by the appellant covered employee, he or she shall pay the cost of the transcript. If the transcript is ordered by the commission, the cost shall be paid from moneys appropriated for this purpose by the council.

• H. If, after the hearing, the civil service commission concludes that the suspension, demotion or dismissal was without cause, it shall order reinstatement without loss of pay, and the order shall be binding upon the appointing authority, who shall comply with the order. In the event that the civil service commission, after the hearing, concludes that there was cause for disciplinary action but that the type of penalty was not warranted under the circumstances, it may, in its discretion, order reinstatement with loss or partial

loss of pay, and such order shall be binding upon the appointing authority, who shall comply with the order. In the event the civil service commission concludes that the officer or employee is unqualified for or unable for other reasons to satisfactorily perform the duties of his or her office or position but is qualified for and can perform the duties and functions of a lower position, it may, in its discretion, order demotion and employment of such officer or employee to and in a lower class of position or employment or may order that the person's name be placed on an eligible list for employment in a lower class of position or employment if and when a vacancy occurs, and the order shall be binding upon the director of human resources and the appointing authority, who shall comply with the order.

• I. If, after the hearing, the civil service commission concludes that the suspension, demotion or dismissal was for adequate cause and that the action taken by the appointing authority was warranted, the commission shall affirm the action of the appointing authority.

• J. Except when the proposed decision by a hearing officer is adopted in its entirety, the commission shall decide no case provided for in this section without affording the parties an opportunity to present oral and written argument before the commission.

• K. In arriving at a decision or a proposed decision in any case provided for in this section, the commission or the hearing officer may consider any prior discipline imposed upon the appellant.

• L. The decision of the commission shall be in writing and shall contain findings of fact and the disciplinary action, if any. The findings may be stated in the language of the pleadings or by reference to the pleadings. Copies of the decision shall

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be delivered to the parties personally or sent to them or either of them by certified mail.

• M. Subject to such reasonable limitations and restrictions as may be set forth in the civil service rules, the civil service commission may grant a rehearing if good cause is shown.

• (Ord. 25635.)

Any officer or employee may apply in writing to the appointing authority for a demotion from any position held by him and if the appointing authority, upon investigation, determines such to be consonant with the good of the service, he may approve such demotion. (Prior code § 2010.2.)

An officer or employee in good standing who shall decide for any reason to leave the employ of the city shall submit a formal resignation in writing to the appointing authority at least fourteen calendar days before leaving the service, and shall state therein the reason or reasons for such resignation. If any officer or employee leaves the employ of the city without submitting such a written resignation, he may be deemed to have resigned with prejudice, and a record of the same shall be made in the personnel records.

(Prior code § 2010.1; Ord. 18299.)

• A. As an alternative to appointment from any open competitive employment list, or in the absence of a promotional eligible list, a former permanent employee who resigned in good standing may be reemployed in the same or related lower classification within three years after the date of resignation upon approval of the appointing authority and the director of personnel.

• B. Upon reemployment, all rights acquired by the employee prior to resignation from the city

service shall be restored, except that, at the option of the appointing authority, the employee may be employed on an original probationary status or as a permanent employee. (Prior code § 2010.3; Ord. 20452.)

A former employee who applies for reemployment under Section 3.04.1530 shall meet the medical standards for reemployment. Such medical standards may be determined by the director of personnel.

(Ords. 20162, 21660, 21859.)

A former employee who is rejected for reemployment after resignation because of failure to meet medical standards shall be given written notice of such rejection by the director. Such former employee may appeal such medical rejection to the commission within ten days after notice of rejection has been mailed to him/her. If it finds good cause therefor, the commission may overrule the rejection for failure to meet medical standards. (Ord. 20611.)

• A. When a permanent employee becomes unable to satisfactorily perform the essential functions of his or her position because of a physical or mental impairment that substantially limits one or more of his or her major life activities and there is no reasonable accommodation, the appointing authority may take action to separate the employee from city employment, or reassign the employee if there is a vacancy in a job class and position where the employee can satisfactorily perform the essential functions of that position.

• B. A reassignment to another position shall result in an appointment on probationary status, unless the employee has held permanent status in the same job class or a higher class in the same series. An employee who is reas-

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signed under this section shall retain seniority rights as if such employee accepted a voluntary demotion.

• C. If an employee is reassigned to a lower class or to a class in a different series, the appointing authority shall serve such employee with a written "notice of intended change of status."

• D. If an employee is separated from employment pursuant to the provisions of this section, a "notice of intended separation" shall be served on such employee.

• E. The notice of intended change of status and the notice of intended separation shall specify the essential functions of the position which the employee is unable to perform and any reasonable accommodation which was considered by the director.

  1. Such notices shall advise the employee that he or she has five calendar days in which to respond either personally or in writing at an informal hearing held before the appointing authority or his or her designee to show cause, if any, why such separation from service or reassignment should not take place. The five-day period may be extended by the appointing authority or designee, in his or her discretion, if requested in writing by the employee.

  2. The notices shall also indicate that such employee may appear at the informal hearing, if any, with counsel or a representative.

• F. After the informal hearing or the time for such hearing has elapsed, the appointing authority shall serve written notice of any reassignment or separation under the provisions of this section upon the employee at least seventy-two hours before the effective date of such action.

• G. The employee may appeal in writing to the civil service commission for a review of such action within twenty days after service of the notice of reassignment or separation. If an employee fails to appeal within the twenty-day

period or withdraws his or her appeal, the action taken by the appointing authority shall be final.

• H. The hearing procedures set out in San José Municipal Code Sections 3.04.1410 to 3.04.1490 shall apply to appeals to the civil service commission pursuant to the provisions of this section.

• I. This section shall not apply to employees in sworn police and fire classifications.

• (Ord. 24628.)

Part 13

RESIDENCE REQUIREMENTS

Sections:

• A. Each person who becomes an employee of the city on or after the effective date of this rule must reside within a radius of thirty statute miles, measured from the intersection of First and Santa Clara Streets, San José, or within the boundaries of the county of Santa Clara, at all times while he/she is an employee of the city; excepting, however, that persons who do not reside within either of said areas may be employed upon condition that such persons move into and establish residence within said thirty-mile radius or within the county of Santa Clara within such period of time, not to exceed one year from and after the date when such persons become employees of the city, as the civil service commission may deem reasonable in the circumstances, and reside within either of said areas at all times thereafter while they are employees of the city. Each person who shall have become an employee of the city prior to the effective date of this rule, and who continues to be an employee of the city after

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such date, and who on said date resides outside said thirty-mile radius or outside the county of Santa Clara may continue to reside at the address at which he resides on said date; provided, that if he should move from such address while so employed, his new address must be within said thirty-mile radius, within the county, or at a location which is not more distant than one-tenth statute mile from the City Hall of the City of San José than his former residence.

• B. Notwithstanding the above, the council may, by separate rule, provide that persons holding positions of employment within a class or classes of positions, regardless of when they became or become employees of the city, must reside in the county of Santa Clara or in the City of San José or within a specified distance from the City Hall, or other place of work, if the council finds that such residence requirement is necessary to enable such persons to carry out the functions, duties and responsibilities of their positions fully and properly.

• (Prior code § 2011.1.)

• A. Notwithstanding the provisions of Section 3.04.1550, any person heretofore or hereafter employed on a permanent full-time basis at the city's Tuolomne Camp, located approximately sixteen miles southerly from Groveland, California, may reside at some specified location situate outside the boundaries of the county of Santa Clara, California, so long as such place of residence is not so far distant from such person's place of employment as to adversely affect the performance of his city duties, functions and responsibilities and will not otherwise be contrary or detrimental to the best interests of the city.

• B. Notwithstanding the provisions of Section 3.04.1550, the civil service commission, or the city council on appeal from the civil service commission, in its discretion, may authorize an employee of the city to reside at some

specified location situated outside the boundaries of a thirty-statute-mile radius, measured from the intersection of First and Santa Clara Streets, San José, or outside the boundaries of the county of Santa Clara, if and when it finds all of the following to be true:

1. That the employee has been an employee of the city continuously, from a date prior to August 26, 1968; and

2. That said employee acquired or contracted to acquire the land situate outside said thirty-mile radius, or outside the county of Santa Clara, whereupon he proposes to reside, on a date prior to August 26, 1968; and

3. That requiring said employee to comply with the provisions of Section 3.04.1550 will cause him unnecessary hardship; and

4. That authorizing said employee to reside at said specified location outside said thirty-mile radius or outside the county of Santa Clara will not adversely affect said employee's performance of his duties, functions and responsibilities, and will not otherwise be contrary or detrimental to the best interests of the city.

• C. Any employee seeking to obtain such authorization shall file a written application therefor with the secretary of the civil service commission. Within a reasonable time thereafter, the civil service commission shall consider the matter and grant or deny the authorization requested. The commission, if it should so desire may grant said authorization subject to such terms, conditions and limitations as it may deem necessary.

• D. In the event that the civil service commission should deny said application, or in the event that it should grant the authorization as requested, but impose terms, conditions or limitations deemed by the employee to be unreasonable, then in such event the employee may appeal, within not more than thirty days from and after the date on which the civil service commission shall have rendered its decision to

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the city council for said authorization. The city council shall have full discretion to grant or deny said authorization, subject to such terms, conditions and limitations as it deems reasonable.

(Prior code § 2011.3; Ord. 18299.)

Each classified employee shall keep the director informed of his current home address and telephone number at all times. Failure to do so within thirty days after a change of address or telephone number may be cause for discipline. (Prior code § 2012.2; Ord. 21503.)

director may deem reasonably necessary to determine the condition of the health of applicants or employees for employment.

(Prior code § 2014.1(part); Ord. 20672.)

Any medical or psychological standards to be met by applicants for employment with the city, or by employees of the city, shall be determined by the director.

(Prior code § 2014.1(part); Ord. 20786.)

Part 15

NOTICE SERVING AND FILING

Sections:

Part 14

MEDICAL EXAMINATIONS

Sections:

Preemployment medical examinations may be required for applicants in classifications in which the director determines that such examinations are necessary to determine whether an applicant meets the medical standards for such classifications. All classifications, as designated by the medical director, shall be categorized as either group I (sedentary) or group II (active).

Applicants for all classifications will be required to complete a medical history form for evaluation by the medical director. Additionally, applicants for group II classifications will be required to take a medical examination with standards appropriate for each classification.

The director may also require medical examinations of employees in such classifications as the director deems necessary.

Such examinations may consist of such tests, processes, evaluations and medical histories as the

• A. Service or filing of any notice, appeal, answer or other document required to be served or filed under Chapter 3.04 may be made by personal service or filing, or by mail.

• B. Service or filing by mail under Chapter 3.04 shall be deemed complete when deposited in the United States Post Office, or a mailbox, subpost office, substation or mail chute, or other like facility regularly maintained by the Government of the United States, in a sealed envelope with postage paid. If notice is directed to an employee, such notice shall be addressed to the employee at the address of residence last given to the city.

• C. In case of service by mail under Part 11 or Section 3.04.850 of this chapter, the time for an answer or appeal after such service shall be extended one day. Time shall be extended one day additional for every full one-hundredmiles' distance between the place of deposit and the place of address, but such extension shall not exceed ten days in all. If the last day

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of the time for an answer or appeal falls on a Saturday, Sunday or legal holiday, the time for the answer or appeal shall be extended to the next business day.

• D. Failure to appeal in writing within the time periods prescribed for appeals in this chapter excluding Part 11 may be waived if the commission finds that the appellant failed to receive actual notice due to circumstances completely beyond the control of the appellant and such failure prejudiced an appellant's opportunity to file a timely appeal.

(Prior code § 2017.1; Ords. 22384, 23278.)

Proof of service or filing, either personal or by mail, may be made by either declaration under penalty of perjury or affidavit affixed to the notice, or other document served or filed. (Prior code § 2017.2.)

Part 16

MISCELLANEOUS REGULATIONS

Sections:

• A. The director shall, in cooperation with the appointing authority, establish and maintain a method of rating the performance of employees in positions throughout the classified service. Performance factors that may be considered may include, without limitation, the following: appearance, work habits, dependability, initiative, quality of work, quantity of work, judgment, cost consciousness, safety consciousness, relationships with people, analytic ability, supervisory ability, and administrative ability. Rating of such factors shall be done at

such time or times as the director may determine, with the approval of the city manager, but not less than annually.

• B. The service rating or ratings of any such employee may be used by the city manager in any action that he is authorized to take by any other provision of this Code, but shall not be used on promotional examinations.

• C. Each such employee shall be given an opportunity to review any rating assigned to him. Such ratings may also be inspected by an employee's department head, his supervisory personnel, and the appointing authority, but shall not be inspected by any other person except for purposes of inquiry or review, as ordered by the commission.

• D. Any permanent employee (other than a management employee covered by the management performance program) shall have the right to appeal any of the service ratings concerning the employee's performance in a class in which the employee has permanent status. This right of appeal shall not apply to probationary performance ratings. Such appeal shall be made in the first instance to the employee's department head, and if the employee is dissatisfied with the decision of his department head, the employee may request an opportunity to discuss such ratings with the director, and the employee may further, within thirty days from and after the decision of his department head or the discussion, if any, with the director, whichever is later, apply for a hearing by the commission, and the commission shall have jurisdiction to alter or affirm said rating.

• (Prior code § 2012.1; Ords. 20912, 21172.)

• A. No employee shall engage in any work, employment or occupation outside his city employment which is detrimental to the service, which prevents or impedes the efficient performance of his duties in his city employment, or which is in any way in conflict with his employment by the city. No employee shall engage in

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any work, employment or occupation outside his city employment unless and until he shall have notified the city manager of his intention to do so.

• B. If the city manager determines that any work, employment or occupation outside his city position is detrimental to the service, or prevents the efficient performance by an employee of his duties in his city employment, or is in conflict with the city employment of any such employee, then the city manager may impose reasonable conditions or limitations upon any outside work, employment or occupation authorized hereunder, or may order an employee to terminate such outside work, employment or occupation at any time.

• C. Any violation of any provision of this rule may be deemed grounds for discharge or other disciplinary action. Any employee affected by a denial of an outside work permit, or limitations or conditions upon any outside work imposed by the city manager, may appeal such action to the commission whose decision shall be binding. An appeal hereunder must be filed with the civil service commission within ten working days after notice to the employee of the denial of an outside work permit or limitations or conditions imposed on an outside work permit. The secretary of the civil service commission shall send a copy of the appeal to the city manager upon receipt of the appeal.

• (Prior code § 2012.3.)

memorandum of agreement.

To the extent provisions in a memorandum of agreement entered into by the city and a recognized employee organization conflict with provisions of the civil service rules set forth in Chapter 3.04 of Title 3 of the San José Municipal Code, said memorandum of agreement shall supersede the provisions of said chapter with respect to all employees represented by such recognized employee organization. All other provisions of said chapter shall remain in full force and effect. (Ord. 23896.)