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

T3:33

SAN JOSÉ CODE

§ 3.04.1650

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

T3:34

PERSONNEL

• 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.)