Santa Ana Municipal Code § 9-71 Part-time positions in the excepted service

The name of an employee who leaves the employment of the city, except through layoff, shall be removed from any promotional eligible list.

(Code 1952, § 2222; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

An eligible, at any time, may request in writing that his or her name be withdrawn temporarily from the eligible list and placed on inactive status. Upon approval of the executive director of human resources such request shall be granted, and likewise, upon written request of the eligible, his or her name may be reinstated to active status during the life of the list.

(Code 1952, § 2223; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

Two (2) eligible lists of the same type (open or promotional) for the same classification may be consolidated by the executive director of human resources by placing eligibles from an old list onto a new list in accordance with the procedures outlined in section 9-45. The names on the resulting (consolidated) list shall be certified in accordance with the procedures outlined in section 9-66.

(Code 1952, § 2223.1; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2034, § 19, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

Vacancies in the competitive service shall be filled from an eligible list if available, or by a temporary appointment for not longer than one hundred eighty (180) calendar days as specified in the charter.

(Code 1952, § 2224; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2034, § 20, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94)

Reemployment: A list which contains the names of individuals who were laid off from a classification as provided for in these rules and regulations. The list shall be valid for two (2) years from the date of an employee's layoff; or as otherwise specified in a current memorandum of understanding.

Reappointment: A list which contains the names of individuals who had passed probation, separated in good standing from the civil service classification to which they have requested and have received approval to be reappointed, and have met all other criteria for placement described in section 9-114. Appointments from this list are at the discretion of the appointing authority. (See section 9-114, Reappointment)

Transfer: A list which contains the names of individuals who request to transfer from the department in which they are working at the time of the request to the same classification in another department, as provided in section 9-111.

Promotional: A list which contains the names of regular employees who have passed a promotional examination and who meet eligibility criteria in these rules and regulations.

Open: A list which contains the names of individuals who are certified as being qualified for appointment to a civil service classification by passing an open, competitive examination.

(Code 1952, § 2225; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2034, § 21, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94)

Editor's note— Ord. No. NS-2232, § 1, adopted Sept. 19, 1994, set out provisions repealing § 9-65, which pertained to request for certification and derived from Code 1952, § 2226 and Ord. No. NS-277, § 2, adopted Sept. 3, 1957.

Upon receipt of the request from an appointing authority, the executive director of human resources shall certify, to the appointing authority, names in accordance with the following:

(1) If a reemployment list exists for the classification, one (1) name for each vacancy.

(2) If no reemployment list exists, names shall be certified as follows:

(a) By transfer list, then by reappointment list. If the combined total of candidates eligible for certification from these two (2) lists is less than five (5), candidates may be certified from a promotional list, if any, or an open list as shown below.

(b) For promotional-only appointments, the names of the candidates with the three (3) highest scores on the promotional eligible list. Except in the case of ties, the number of names to be certified from an active promotional list shall be two (2) more than the number of appointments to be made.

In the event of ties, if there are three (3) or more candidates at the highest score, only those candidates shall be certified. If there are less than three (3) candidates at the highest score but three (3) or more candidates within the highest two (2) scores, then those candidates with the two (2) highest scores will be certified.

If there are no ties at the first and second scores, then all candidates within the top three (3) scores will be certified.

(c) For open appointments, the number of names to be certified from the open eligible list may be four (4) more names than the number of appointments to be made. When the number of candidates certified in the highest band is less than five (5), the appointing authority may request the certification of the next lower band. If more than five (5) people are in the group from which an appointing authority is entitled to select, the appointing authority may review the applications of the candidates in that group and select a lesser number of candidates for certification whose qualifications best fit the needs of the position.

(Code 1952, § 2227; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2034, § 22, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

The appointing authority may appoint, of the candidates certified, whichever one in his or her opinion is best qualified for the position.

No candidate may be certified more than four (4) times from any eligible list resulting from any one (1) examination except candidates on open eligible lists, who may be certified more than four (4) times, at the discretion of the executive director of human resources, in keeping with the charter.

If no eligible list for the classification exists, or if an existing list for the classification contains less than three (3) promotional candidates or five (5) nonpromotional candidates who are eligible and available for appointment, the executive director of human resources shall so notify the appointing authority who may select from the existing candidates or, after requesting a new recruitment, may make a temporary appointment to the vacancy.

After making the selection, the appointing authority shall inform the executive director of human resources of the candidate appointed, the date that person will assume the duties of the position and the applicable rate of pay. After verification that the candidate has passed the required medical examination per section 9-8, and after verification of the execution of the oath of office, the executive director of human resources shall confirm the appointment. After confirmation of the appointment, the appointing authority shall enter the name of the employee on the employment rolls.

(Code 1952, § 2228; Ord. No. NS-1659, § 5, 11-15-82; Ord. No. NS-2034, § 23, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

If, in the opinion of an appointing authority, the appointment of a candidate to a position of employment under the jurisdiction of such appointing authority would result in a violation of the policy set forth in section 9-3.1, the appointing authority shall so notify the executive director of human resources, who shall exclude such candidate from the list of names certified to such appointing authority for such position. Any close relative of an appointing authority shall likewise be excluded from any list certified to such appointing authority. In the event a candidate is excluded pursuant to this section, the executive director of human resources shall certify to the appointing authority a list containing the names of all candidates who would have appeared on such list if the excluded candidate had never been a candidate for the subject position of employment. A candidate who is excluded pursuant to this section shall not be considered as having been certified from an eligible list for purposes of sections 9-5 or 9-67.

(Ord. No. NS-2034, § 24, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

If, upon certification, an eligible declines appointment or neglects to report to the appointing authority for interview, the appointing authority shall notify the executive director of human resources. The executive director of human resources shall remove any eligible from the list for neglect to report within five (5) working days after notice has been sent by mail to the address on file, unless said eligible provides an explanation satisfactory to the executive director of human resources.

In the case of a promotional-only appointment, after an eligible declines appointment and/or is removed from the eligible list, the executive director of human resources shall upon the request of appointing authority certify the next candidate on the list. In the case of an open appointment, after an eligible declines appointment and/or is removed from the list, if the number of eligible candidates is less than five (5), the executive director of human resources shall upon request of the appointing authority certify the next lower band.

(Code 1952, § 2229; Ord. No. NS-277, § 2, 9-3-57; Ord. No. 994, § 1, 12-1-69; Ord. No. NS-2034, § 25, 1-2-90; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

Temporary appointments may not be for a period longer than one hundred eighty (180) calendar days after the first day of such temporary appointment, nor may temporary appointments be made to any position a cumulative total of more than one hundred eighty (180) calendar days in one (1) calendar year following the first day on which the position is filled by a temporary appointment. Such temporary appointment will be terminated when an employment list is prepared for the position. Temporary appointments shall be processed by the executive director of human resources for record keeping purposes and to conform with personnel policies and regulations.

(Code 1952, § 2230; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-1659, § 6, 11-15-82; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

Appointing officers filling positions in any class or grade created for a special or temporary purpose which will exist less than ninety (90) calendar days will obtain authority for their action from the city manager prior to such appointment. These appointments will be recorded in the personnel department.

(Code 1952, § 2231; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

Part-time positions of twenty (20) regular hours per week employment, as outlined in the charter, will be processed by the executive director of human resources for record keeping purposes and to conform with personnel policies and regulations.

(Code 1952, § 2232; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2285, § 6, 5-6-96; Ord. No. NS-2946, § 3, 6-5-18)