Santa Clara County Municipal Code Art. 4 Examinations; Open, Original, Promotional and Qualifying

The Director shall schedule examinations as the current and anticipated needs of the service require. Scheduled examinations may be postponed or cancelled or the closing date extended by the Director by notifying all persons affected and posting public notice.

(Code 1954, § 3.3.4-1)

Examinations may consist of written, competitive rating, oral, performance or physical tests, or any combination thereof; or any other form which will test fairly the qualifications of applicants.

(Code 1954 § 3.3.4-2; Ord. No. NS-304-138, § 2, 9-16-25)

Examinations shall be impartial and practical in nature and so constructed that they reveal the knowledge, skills, and abilities of the applicant for the class for which the applicant is competing as well as the applicant's general background and related knowledge.

(Code 1954, § 3.3.4-3; Ord. No. NS-304.113, § 17, 8-30-88)

(a) An examination may include an interview for the purpose of appraising the personal fitness of candidates. Only those candidates qualifying in the subject matter portion of the examination shall be called for the interview. Failure to report for the interview shall eliminate a candidate from the examination.

(b) Interview boards shall be appointed by the Director, who shall act or appoint another to act as chair.

(c) Interviewer shall mark on forms provided the degree to which, in their judgment, each candidate possesses the desired qualifications.

(d) Candidates who fail to attain a passing score on the oral portion of an examination may not retake an examination for the same classification until at least 45 calendar days have passed from the date of the first examination. Such candidates must follow the same examination procedures as all other candidates filing for the same examination except that if the written portion of the examination is given on a qualifying basis, the candidate may not be required to retake the written portion of the examination within six months of the original examination. If the candidate fails again, the candidate must wait 90 calendar days before retaking the examination.

(e) In cases of major reclassification changes, the Director may authorize the retesting more frequently than every six months of such County employees who have failed a test three times.

(f) Appeals from oral board ratings may be made on the basis of irregularity, bias, fraud or discrimination. Such appeals may be submitted to Human Resources at any time following the oral examination but not later than the eighth working day following notification of the scores. Upon receipt of the appeal, the Director shall make a decision on the appeal within five working days. During these five working days the appellant shall have the right to meet with the Director, or the Director's representative, concerning the appeal. The time limits contained herein may be extended by mutual consent of the parties. If the appeal is upheld, the Director shall convene a new oral board for the purpose of rerating the candidate. The new score resulting from the rerating shall be used. No appointment shall be made from an eligible list resulting from an examination, which is under appeal. In the event of fraud or other irregularity affecting all candidates, if the Director finds that the allegation is substantiated, all examination results shall be voided and a new oral examination conducted.

(g) Notice of the appeal procedure shall be sent to all applicants with the form admitting such applicants to the oral board interview.

(Code 1954, § 3.3.4-4; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.61, § 1, 12-9-69; Ord. No. NS-304.71, § 1, 2-8-72; Ord. No. NS-304.86, § 1, 11-20-73; Ord. No. NS-304.90, § 1, 5-6-75; Ord. No. NS-304.113, § 18, 8-30-88; Ord. No. NS-304.124, § 16, 9-17-02; Ord. No. NS-304.134, § 13, 8-25-15)

County officers and employees may be called upon to assist in examination procedure, and it shall be deemed a part of the official duties of such persons to act in such capacity.

(Code 1954, § 3.3.4-5; Ord. No. NS-304.15, § 1, 1-16-61)

The Director shall prepare, or have prepared under the Director's direction, all examinations which are to be given. The County may contract for such service with competent public or private agencies regularly rendering such service.

(Code 1954, § 3.3.4-6; Ord. No. NS-304.113, § 19, 8-30-88)

Continuous open examinations for a given class may be announced by a single notice. Such examinations may be administered from time to time as applicants are available or as appointments are necessary. The names of all applicants who qualify in such examinations shall be placed on one eligible list in the order of final grades.

(Code 1954, § 3.3.47)

Whenever the announcement of an examination shall so state, and applicants are given opportunity to file statements of their qualifications, a preliminary competitive rating may be given on the basis of the duties, requirements and conditions of work in the position to be filled. Applicants appraised highest, to a number commensurate with the number of vacancies anticipated, may be required to compete in further tests.

(Code 1954, § 3.3.4-8)

Written examinations shall be so conducted that no examination paper will disclose the name or identity of the candidate until the examination papers of all the candidates have been scored.

(Code 1954, § 3.3.4-9)

Qualifying examinations may be held to test fitness for reinstatement, re-employment, for certain position reclassifications as described in Section A25-103, for certain transfers and demotions as described in Section A25-175(b), for alternate classifications as defined in Section A25-36, or for transfer of employees from unclassified positions to classified positions, or for establishing eligibility to participate in promotional examinations as described in Section A25-156. Current employees, regardless of status (permanent, probationary, provisional, substitute provisional, unclassified, and/or extra-help), shall be eligible to take such qualifying examination after receiving a positive recommendation.

(Code 1954, § 3.3.3-10; Ord. No. NS-304.35, § 5, 5-23-66; Ord. No. NS-304.49, § 2, 9-18-67; Ord. No. NS-304.75, § 1, 1-23-73; Ord. No. NS-304.97, § 1, 6-15-76; Ord. No. NS-304.124, § 17, 9-17-02; Ord. No. NS-304-138, § 3, 9-16-25)

In an open-competitive or promotional examination, any veteran qualifying under Section A25-126 shall, upon attaining the passing mark established for a numerically scored examination, be given a preferential credit of five percent. In an open-competitive or promotional examination, any veteran qualifying under Section A25-126 who is disabled shall, upon attaining the passing mark established for a numerically scored examination, be given an additional preferential credit of five percent. For the purposes of this section, the term "disabled" shall mean the holding of an approved disability rating of ten percent or more from the Veteran's Administration for a disability which is service connected.

(Code 1954, § 3.3.4-11; Ord. No. NS-304.80, § 1, 5-8-73; Ord. No. NS-304.124, § 18, 9-17-02; Ord. No. NS-304.134, §§ 14, 15, 8-25-15; Ord. No. NS-304-138, § 4, 9-16-25)

In an open-competitive examination, any person who has worked in an extra-help capacity for at least 2,080 hours within the last five years shall, upon attaining the passing mark established for a numerically scored examination, be given a preferential credit of five percent. Extra-help credit shall only be granted for classifications in the same or lower related classification.

(Ord. No. NS-304.134, § 16, 8-25-15)

(a) Unless otherwise provided in the examination announcement, competitors shall be required to attain a score of not less than 70 percent in each part of the examination.

(b) In written tests, the 70 percent used to represent the minimum passing score need not be the arithmetic 70 percent of the total possible score, but may be an adjusted score based on a consideration of the difficulty of the test, the quality of the competition and the needs of the service.

(c) Applicants in promotional examinations shall be notified of their individual adjusted percentage scores for the written and oral portions of the examination, whether passing or failing, and of their position on the eligibility list.

(d) When the examination type is an application appraisal, all applicants who meet the minimum qualifications for the position, including those who qualify for veterans preference, will normally be given the grade of pass rather than a numerical score, and listed alphabetically on the eligible list.

(Code 1954, § 3.3.4-12; Ord. No. NS-304.35, §§ 10, 11, 5-23-66; Ord. No. NS-304.68, § 1, 4-6-71; Ord. No. NS-304.124, § 19, 9-17-02)

In examinations composed of several tests which are graded independently, weights shall be assigned to each test representing its relative value in ascertaining the fitness of the applicant. This weight shall be multiplied by the applicant's grade in that test; the sum of the resulting products shall be divided by the total of the weights; and the resulting quotient, rounded off to the nearest whole number, shall be the final examination grade of the candidate, except where additional credit is allowed, such as veterans' preference.

(Code 1954, § 3.3.4-13; Ord. No. NS-304.43, § 2, 3-13-67)

(a) Whenever in certifying the top 15 eligibles, a tie rank is encountered, all eligibles with the same rank shall be certified even though more than 15 names are certified to the appointing authority.

(b) The Director may treat test scores in a specified range, called a band, as being the same score in order to provide the appointing authority with a sufficient number of qualified candidates. Banding may be used in order to provide a larger pool of candidates when there are a large number of current or anticipated vacancies within the department, pursuant to existing policy. Banding may be used upon approval of the Director. A decision to use banding is to be made prior to the certification of names to the hiring authority. Once banding is used, it will continue to be used to certify additional names when needed, subject to Section A25-185.

(Code 1954, § 3.3.4-14; Ord. No. NS-304.43, § 3, 3-13-67; Ord. No. NS-304.95, § 1, 8-17-76; Ord. No. NS-304.134, § 17, 8-25-15; Ord. No. NS-304-138, § 5, 9-16-25)

As soon as the rating of an examination has been completed and the eligible list established, each competitor shall be notified in writing of the result of the competitor's examination, and if successful, of the competitor's general average percentage and the competitor's relative position upon eligible list.

(Code 1954, § 3.3.4-15; Ord. No. NS-304.113, § 20, 8-30-88; Ord. No. NS-304.134, § 18, 8-25-15)

(a) All examination materials are confidential records and shall not be removed from the Human Resources Department. Ratings are not reviewable.

(b) If the examinee protests any item or portion of the examination, the examinee will be given five working days following the expiration of the five-day review period to document the examinee's protest with acceptable documentation or source references. After investigation of the protest and the submitted substantiation, the Director shall decide whether the protest is justified. If an error is found, the rating of the examinee shall be changed accordingly. If the error affects other examinees, scores shall be adjusted accordingly; but no resulting change shall invalidate certifications or appointments already made.

(c) When there is only one version of a written examination, an examinee may not retake the test until at least 30 calendar days have passed from the date of their last examination. Candidates who fail three consecutive written examinations within a six-month period may not retake the exam until at least six months have passed from the date of the most recent examination.

(d) The unauthorized copying of questions or answers from any examination is forbidden and may result in cancellation of eligibility and disbarment from future examinations.

(e) Any examinee or their designated representative may appeal results of an examination designed to assess writing skills and appeal with written authority or source references. Such appeal must be received in the Human Resources Department by not later than the eighth working day following notification of the results. After the investigation of the appeal and submitted substantiation, the Director shall decide whether the protest is justified. If error is found, the rating of the examinee shall be changed accordingly. Certifications or appointments may not be made from the results of an examination which is under protest pursuant to this subsection.

(f) Any examinee may re-use their score for a written exam provided that the same examination was used for the recruitment and the examinee has made the request in advance of the first sitting of the examination of the new recruitment. Exam scores may not be re-used if the examinee has retaken the exam, the exam contents have changed, and/or the request was not made in advance.

(Code 1954, § 3.3.4-16; Ord. No. NS-304.14, § 4, 10-13-59; Ord. No. NS-304.29, § 2, 4-5-65; Ord. No. NS-304.62, § 1, 12-9-69; Ord. No. NS-304.113, § 21, 8-30-88; Ord. No. NS-304.116, § 1, 9-26-89; Ord. No. NS-304.134, § 19, 8-25-15; Ord. No. NS-304-138, § 6, 9-16-25)

Applications and related examination records will be retained for a minimum of three years or as may otherwise be required by state and federal law. Examination records of appointees may be retained for a longer period, to be determined by the Director.

(Code 1954, § 3.3.4-17; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.35, § 6, 5-23-66; Ord. No. NS-304.113, § 22, 8-30-88; Ord. No. NS-304.124, § 20, 9-17-02)

When an examination is designated as a promotional examination, only current County employees are eligible to take it. The Director, in consultation with the appointing authority, shall determine when a promotional examination is appropriate. All promotional examinations shall be held on a service-wide basis, except as provided in Section A25-148. Current employees regardless of status (permanent, probationary, provisional, substitute provisional, unclassified, and/or an extra-help), who have taken and passed the qualifying examination for the class in which they are working shall be permitted to take any promotional examination for a class for which they are qualified.

(Code 1954, § 3.3.4-19; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.14, § 5, 10-13-59; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.27, § 1, 8-3-64; Ord. No. NS-304.38, § 2, 9-6-66; Ord. No. NS-304.97, § 2, 6-15-76; Ord. No. NS-304.124, § 21, 9-17-02; Ord. No. NS-304-138, § 7, 9-16-25)

(a) A candidate for promotion must meet all prescribed standards for the class to which the employee seeks promotion and is an employee in one of the following categories:

(1) A permanent employee,

(2) A probationary employee,

(3) A current provisional, substitute provisional, unclassified, and/or an extra-help employee who has qualified under Section A25-156, or

(4) A current employee in any status in a coded position who previously held probationary or permanent status.

(Code 1954, § 3.3.4-19; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.14, § 5, 10-13-59; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.27, § 1, 8-3-64; Ord. No. NS-304.38, § 2, 9-6-66; Ord. No. NS-304.97, § 3, 6-15-76; Ord. No. NS-304.113, § 23, 8-30-88; Ord. No. NS-304.124, § 22, 9-17-02; Ord. No. NS-304-138, § 8, 9-16-25)

Notwithstanding any other provisions of these merit system rules, the following procedures shall be utilized as a method for promoting and appointing persons in certain specified job classifications.

(a) Classes covered: The following classes are covered by this section. They are listed singularly or in series. All other classes are promotional.

(1) Gardener;

(2) Offset press operator II, III;

(3) Laundry worker II;

(4) Cook II;

(5) Park maintenance worker II, park maintenance worker lead worker;

(6) Road maintenance worker II, III, IV;

(7) Traffic painter II, III;

(8) Heavy equipment maintenance helper, heavy equipment mechanic;

(9) Electrical/electronic technician, senior electrical technician non-supervisory only;

(10) Food service worker II;

(11) Bindery worker II;

(12) Automotive mechanic helper, automotive mechanic.

Provided: That series (9) is designated a "technical series" and the promotional class shall have certified to vacancies the most senior qualified worker among the top ten (10) scores, first by department/agency and then county-wide, and then by regular certification.

(b) Definitions:

(1) Promotional class is defined to mean those classes agreed to herein as constituting promotional classes.

(2) Qualified is defined to mean those workers who regularly score 80 or above in the appropriate merit system selection procedure for the position to which a worker is to be certified for hiring.

(3) Seniority shall be determined by a worker as days of accrued service as reflected on the worker's payroll record as of the date of the eligible list.

(c) Vacancies within promotional classes:

(1) The most senior qualified worker within a department/agency within the next lower class.

(2) If there are no such qualified workers within the department/agency, then the most senior qualified workers within the county within the next lowest class within a series shall be appointed to the vacancy.

(3) If there are no such qualified workers within the county the next lowest class within a series, the remaining persons upon the list, if any, shall be certified in rank order based upon their position upon the list as determined in accordance with regular examination and certification procedure.

(Ord. No. NS-304.101, § 1, 11-15-77; Ord. No. NS-304.103, § 1, 10-9-79; Ord. No. NS-304.115, § A, 12-13-88; Ord. No. NS-304.124, § 23, 9-17-02; Ord. No. NS-304.129, 9-14-04; Ord. No. NS-304.134, § 20, 8-25-15)