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Title 3

Part 3

San Jose Zoning Code · 2026-06 edition · updated 2026-07-26 · San Jose

3.04.460 Establishment of new positions.

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

  • 3.04.480 Abolition of positions.

  • 3.04.490 Reserved.

3.04.460 Establishment of new positions.

  • 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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  • 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.)

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

  • 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.)

3.04.480 Abolition of positions.

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.)

3.04.490 Reserved.

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 No. 29879, § 1, adopted Feb. 28, 2017, repealed § 3.04.490, which pertained to police and fire employee positions and derived from Ord. 29396.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

3.04.520 Classification plan - Amendments or revisions.

  • 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.)

3.04.530 Classification of new positions.

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.)

3.04.540 Requests for reclassification.

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

3.04.550 Investigations.

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.)

3.04.560 Appeals on position classification.

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.)

3.04.570 Appointments - Upon reallocation.

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.)

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