Santa Ana Municipal Code Art. X Civil Service

A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance and as may be recommended by the personnel board:

(a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government.

(b) That no political or other outside influences shall affect appointments or promotions.

(c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law.

(d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service.

The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees.

The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter.

(a) Preference for veterans for appointment to civil service positions consistent with the principle of merit.

(b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class.

(c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service.

(d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position.

(Ord. No. NS-1642, 8-2-82, approved at election 11-2-82; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

Editor's note— Ord. No. NS-1642, adopted Aug. 2, 1982, approved at election Nov. 2, 1982, repealed §§ 1001, 1003 and 1005—1009. Said sections pertained to civil service rules and regulations generally; appointments from competitive service to excepted service; recruitment and examinations; promotions; eligible lists, certification and appointment of employees; suspensions, demotions, dismissals; and layoffs. Sections 1008 and 1009 had been amended by Prop. of 2-4-63, approved on April 2, 1963; Res. No. 63-027; Prop. of 6-7-66, approved on August 15, 1966; Res. No. 66-121 and Ord. No. NS-1405, adopted March 13, 1978, approved at election June 6, 1978.

The civil service system of the City shall cover all employees of the City not excepted by this section.

(a) The excepted service shall comprise the following offices and positions:

(1) The individual offices held by all elective officers;

(2) The City Manager and the City Manager's assistants, if any;

(3) The City Attorney and the City Attorney's legal assistants, if any;

(4) The City Clerk;

(5) The head of each department of the City as specified by ordinance or resolution and of the housing authority of the City of Santa Ana;

(6) The Executive Assistants to the City Manager and City Attorney;

(7) All members of boards and commissions;

(8) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature;

(9) Positions in any class or grade created for a special or temporary purpose;

(10) Part-time positions or employments;

(11) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand their former position of employment under federal or state statutes.

(b) The civil service shall comprise all positions not specifically included by this section in the excepted service.

(c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve months of the employee's appointment to the excepted service, the employee shall revert to the employee's former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously.

(Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Prop. of 6-7-66, approved on 8-15-66; Res. No. 66-121; Ord. No. NS-1521, 3-17-80, approved at election 6-3-80; Ord. No. NS-1642, 8-2-82, approved at election 11-2-82; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22; Res. No. 2024-033, 6-18-24, approved at the election 11-5-24)

Note— See the editor's note at § 1001.

The City Manager shall prepare, install and maintain a position classification and pay plan covering all positions in both the civil and the excepted services of the City, subject to civil service rules and regulations and the approval of the City Council.

The City Manager shall develop the pay plan, after meeting and conferring with employees' organizations as required by law.

(Ord. No. NS-1642, 8-2-82, approved at election 11-2-82)

Note— See the editor's note at § 1001.

(a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's Membership in a protected class under state or federal law.

(b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law.

(c) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City.

(d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder.

(e) No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other employment decision. The City Council shall adopt an anti-nepotism policy.

(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources administration service.

(Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

All officers and employees of any City hereafter consolidated with the City of Santa Ana, who were full-time officers or employees of such consolidated City upon the date of election held in such consolidated City for such consolidation, shall, from the effective date of such consolidation, be deemed to have their names upon eligible lists for the respective positions held by them and to be qualified for appointment to such respective positions in the City of Santa Ana without loss of any rights or benefits that they may theretofore have accrued.

(Ord. No. NS-1521, 3-17-80, approved at election 6-3-80)

In the event of the annexation of all or a portion of the geographic area of any governmental agency to the City or the agreement by the City to assume responsibility for providing any service for or on behalf of any governmental agency, it shall be discretionary with the City Council whether or not all or any of the officers or employees of such agency shall be entitled to have their names placed upon eligible lists for the respective types of positions held by them and to be qualified for appointment to such respective positions in the City of Santa Ana.

(Ord. No. NS-1521, 3-17-80, approved at election 6-3-80)

Editor's note— Res. No. 2022-044, adopted August 2, 2022 and approved at the election on November 8, 2022, repealed § 1014. Former § 1014 pertained to work stoppages and derived from Ord. No. NS-1405, adopted March 13, 1978, approved at election on June 6, 1978.

In addition to the penalties provided for in this charter for violations of its provisions, any person who by themselves or with others violates any of the provisions of this article shall upon conviction thereof be ineligible for a period of three (3) years for employment in the service of the City and shall immediately forfeit their office or position if they be an officer or employee of the City.

(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)