Santa Clara County Municipal Code Art. 5 Eligible Lists, Appointments, Probation, Transfers, Resignations And…

Candidates who qualify in an examination for a class shall have their names placed upon the eligible list in the order of their relative final grades.

(Code 1954 § 3.3.4-19)

An eligible list shall be in effect from the date on which it is approved by the Director.

(Code 1954, § 3.3.5-2)

(a) Eligible lists except as provided in subsection (b) below, shall remain in force for no longer than one year but may be abolished by the Director upon completion of an examination for the same class, or upon the abolition of the class. In lieu of abolishing a list, the Director may authorize supplementing the list with names mingled in order of final grades resulting from additional examinations.

(b) Departmental or service-wide promotional eligible lists may remain in force for one additional year beyond the normal one-year maximum, upon the request of an appropriate appointing authority and the approval of the Director.

(Code 1954, § 3.3.5-3; Ord. No. NS-304.14, § 6, 10-13-59; Ord. No. NS-304.17, § 1, 10-2-61; Ord. No. NS-304.32, § 1, 2-21-66; Ord. No. NS-304.95 § 2, 8-17-76; Ord. No. NS-304.124, § 24, 9-17-02; Ord. No. NS-304-138, § 9, 9-16-25)

Eligible lists are confidential, and the relative position of an eligible on a list or the eligible's score shall not be made available except to the eligible or the eligible's designated representative. The department wherein the eligible may be considered for appointment may be advised of the eligible candidate's name on the eligible list.

(Code 1954, § 3.3.5-4; Ord. No. NS-304.32, § 2, 2-21-66; Ord. No. NS-304.113, § 24, 8-30-88; Ord. No. NS-304-138, § 10, 9-16-25)

(a) Re-employment lists:

(1) Where a vacancy exists in a department in a classification where a re-employment list exists of permanent employees laid off, the person standing highest on such re-employment list shall be offered the appointment. Refusal on the part of the former employee to accept the appointment shall remove the employee's name from the re-employment list.

(2) Where a vacancy exists in a classification and in a department other than that department where the layoff occurred, the names of three persons on re-employment lists for other departments shall be certified in inverse order of the date of placement on the re-employment lists. If no such re-employment lists exist, or there are fewer than three names, additional names not to exceed a total of three shall be certified from the eligible lists in the priority order as shown below.

(b) Eligible lists:

(1) Promotional lists resulting from service-wide promotional examinations including the names of employees resulting from examinations given under the provisions of Section A25-156.

(2) Eligible lists resulting from open-competitive examinations.

(Ord. No. NS-304.97, § 4, 6-15-76; Ord. No. NS-304.113, § 25, 8-30-88; Ord. No. NS-304.124, § 25, 9-17-02; Ord. No. NS-304.137, § 4, 6-4-24)

(a) As an alternative to appointment from any employment list, a position may be filled by transfer within the same class, provided:

(1) A permanent employee so transferred to any department shall retain permanent status in the same class.

(2) A probationary employee who transfers voluntarily within a department may or may not be required, at the discretion of the appointing authority, to serve the full probationary period in the new position.

(3) A probationary employee who transfers to a new department must serve the full probationary period in the new department.

(4) An extra help, unclassified, provisional, or substitute provisional employee who transfers into a permanent position within a department or to a new department must serve the full probationary period in the new position.

(b) As an alternative to appointment from any employment list, a position may be filled by a transfer or voluntary demotion to a different class, provided:

(1) The employee must serve the full probationary period in the new position if not already holding permanent status in the new class.

(2) The employee meets all the requirements of the position to which transfer or demotion is requested, as determined by the Director.

(3) The salary for such an employee shall be adjusted as provided for in Section A25-661.

(c) As an alternative to appointment from any employment list, a position may be filled by a transfer provided that the transfer opportunity is posted for a minimum of seven calendar days within the work unit or the department and qualified applicants be given the opportunity to be interviewed. Posting on the Countywide transfer line will satisfy this posting requirement when done concurrently or when the above method has been completed.

(Code 1954, § 3.3.5-6; Ord. No. NS-304.14, § 7, 10-13-59; Ord. No. NS-304.49, § 5, 9-18-67; Ord. No. NS-304.50, § 1, 11-13-67; Ord. No. NS-304.124, § 26, 9-17-02; Ord. No. NS-304.134, § 21, 8-25-15; Ord. No. NS-304-138, § 11, 9-16-25)

(a) An employee wishing to leave the classified service in good standing shall file with the appointing authority a written resignation on the form provided, giving at least two weeks' notice of the employee's intention to leave the service unless the said appointing authority consents in writing to the employee leaving sooner. An employee who leaves the classified service without so filing a written resignation and giving two weeks' notice, or obtaining such consent in writing, shall have the fact entered on the employee's service record and may be denied entrance to tests for which the employee may apply in the future.

(b) If a resigning employee's name appears upon a promotional eligible list, it shall be removed, but at the employee's request may be placed upon the open competitive list for that class if one is in effect.

(Code 1954, § 3.3.5-7; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 8, 10-13-59; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.27, § 2, 8-3-64; Ord. No. NS-304.49, § 6, 9-18-67; Ord. No. NS-304.57, § 1, 7-1-68; Ord. No. NS-304.113, § 26, 8-30-88)

(a) As an alternative to appointment from any employment list, a former permanent employee who resigned in good standing may be reinstated to a vacant position in the same or lower classification within two years after the date of the employee's resignation, on recommendation of the appointing authority and approval of the Director and provided the former permanent employee meets the employment standards for the same or lower classification.

(b) Upon reinstatement, all rights acquired by an employee prior to the employee's resignation from the County service shall be restored, except that at the option of the appointing authority, the employee may be employed on an original probationary status, or, as a permanent employee, at any salary step not to exceed the employee's former salary step.

(Code 1954, § 3.3.5-7.1; Ord. No. NS-304.49, § 7, 9-18-67; Ord. No. NS-304.97, § 5, 6-15-76; Ord. No. NS-304.113, § 27, 8-30-88; Ord. No. NS-304.134, § 22, 8-25-15)

(a) The Director may remove the name of an eligible for the following reasons: at the eligible's request; for failure to respond within stipulated time after notice of certification; or for other justifiable reasons provided in these rules. An appointment from an eligible list shall be the basis for removal of the eligible's name from all other related lists at the same or lower salary level.

(b) The eligible shall be notified using the eligible's last known contact information of this action and the reasons thereof.

(c) An eligible may be restored to the list if the eligible presents satisfactory reasons for failure to respond.

(Code 1954, § 3.3.5-8; Ord. No. NS-304.14, § 9, 10-13-59; Ord. No. NS-304.18, § 2, 3-19-62; Ord. No. NS-304. 113, § 28, 8-30-88; Ord. No. NS-304.137, § 5, 6-4-24)

If a vacancy exists for a class of position for which there is no appropriate eligible list, the Director may certify names from the eligible list for a related class for which minimum qualifications and examinations are similar to or higher than those required for the class in which the vacancy exists.

(Code 1954, § 3.3.5-9)

Notice of intention to abolish an eligible list before the expiration date shall be sent to all eligibles whose names appear upon the list, prior to the holding of an examination to establish a new list.

(Code 1954, § 3.3.5-10; Ord. No. NS-304.134, § 23, 8-25-15)

The name of an eligible who is not available for immediate certification may, at the eligible's request, be placed on an inactive list and may be restored to the active list from which it was removed upon the eligible's written request, provided the list is still in existence.

(Code 1954, § 3.3.5-11; Ord. No. NS-304.113, § 29, 8-30-88)

An eligible may for any reason waive appointment after the eligible's name has been certified. After three such waivers of appointment to permanent positions, the eligible will be placed upon the inactive list, and the eligible shall be so notified. The eligible may be restored to the list at the eligible's request at any time during the life of the list.

(Code 1954, § 3.3.5-12; Ord. No. NS-304.113, § 30, 8-30-88)

(a) Each appointing authority shall notify the Department, as far in advance as possible, of personnel requirements in order that sufficient time is available to establish eligible lists.

(b) Whenever a vacancy in the classified service occurs, the appointing authority shall notify the Human Resources Department upon prescribed form. Upon request of an appointing authority and upon a finding, by the Director, that the nature of the work so warrants, the Director may approve the submission of names to fill a vacancy.

(c) The Director shall investigate the work of the position when necessary, in order to determine that it is properly allocated.

(d) The appointing authority may inspect the application and related examination records of an eligible whose name has been submitted for approval.

(Code 1954, § 3.3.5-13; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.113, § 1, 8-30-88; Ord. No. NS-304.124, § 27, 9-17-02; Ord. No. NS-304.134, § 24, 8-25-15)

(a) Upon approval of a requisition from the appointing authority, the Director shall certify the 15 names highest on the appropriate eligible list except as specified in Section A25-174(a), "Reemployment lists," and in Section A25-152, "Resolving of ties."

(b) When certifying from an open-competitive eligible list if there is more than one vacancy in one class in the same department, five additional names beyond 15 shall be certified for each additional vacancy. When certifying from a promotional list if there is more than one vacancy in one class in the same department, five additional names beyond 15 shall be certified for each additional vacancy.

(c) An appointing authority may specify particular abilities, knowledge, or traits when requesting personnel stating in writing the reason for the special qualifications request. Certification of the highest ranking eligible possessing such qualifications may be made after investigation and finding of clear evidence that efficient performance can best be performed by those with the specialized requirement.

(d) The appointing authority or designated interviewers shall interview all eligibles who have responded to notice of certification prior to appointment and shall send to the Personnel Director a written record of each interview.

(e) If a hiring manager receives the name of an eligible more than three times in a six-month period, the hiring manager may request the eligible be removed, by the Director, from the certification and a replacement name be provided, if available.

(f) Any eligible whose name has been certified to three departments from an eligible list and who is designated in writing as permanently unacceptable by the appointing authorities for appointments in those departments, may have the eligible's name removed from the eligible list by the Director.

(Code 1954, § 3.3.5-14; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 10, 10-13-59; Ord. No. NS-304.18, § 3, 3-19-62; Ord. No. NS-304.37, § 2, 7-18-66; Ord. No. NS-304.43, § 4, 3-13-67; Ord. No. NS-304.95, § 4, 8-17-76; Ord. No. NS-304.113, § 32, 8-30-88; Ord. No. NS-304.134, §§ 25, 26, 8-25-15; Ord. No. NS-304-138, § 12, 9-16-25)

(a) If one or more of the 15 persons certified waives or fails to respond to a notice of certification within the time specified and such a waiver or failure to respond results in less than 15 names available to the appointing authority, additional names may be certified to replace the number of persons who have waived or failed to respond to the original notice of certification, subject to Section A25-152. If the supplemental certification results in additional waiver or failure to respond, subsequent supplemental certification if requested by the appointing authority will be made when justified in writing.

(b) Once the appointing authority or designated interviewers have completed the interviews of the initial certification of all eligibles who have responded to notice of certification and once the appointing authority or designated interviewers have submitted the written record of each interview, the appointing authority may request five additional names plus ties per remaining vacancy. This augmented certification must be approved by the Director.

(Code 1954, § 3.3.5-15; Ord. No. NS-304.93, § 5, 3-13-67; Ord. No. NS-304.95, § 5, 8-17-76; Ord. No. NS-304.98, § 2, 5-24-77; Ord. No. NS-304.118, § 1, 4-30-91; Ord. No. NS-304.124, § 28, 9-17-02; Ord. No. NS-304.134, § 27, 8-25-15; Ord. No. NS-304-138, § 13, 9-16-25)

A notice of certification shall be sent to persons certified for appointment. The notice of certification shall instruct eligibles to communicate with the appointing authority or the appointing authority's designee within three working days following the date notice was provided.

(Code 1954, § 3.3.5-16; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.113, § 33, 8-30-88; Ord. No. NS-304.134, § 28, 8-25-15; Ord. No. NS-304.137, § 6, 6-4-24)

The appointing authority shall report to the Human Resources Department the name or names of persons appointed and the date service is to begin.

(Code 1954, § 3.3.5-17; Ord. No. NS-304.14, § 11, 10-13-59; Ord. No. NS-304.134, § 29, 8-25-15)

(a) A substitute appointment is an appointment for a minimum period of 14 calendar days and a maximum period of one year which is limited to the period of a vacancy created by an authorized leave of absence without pay granted a classified employee. Substitute appointments for longer than one year shall be made in accordance with regular certification procedures. A permanent employee who receives a substitute appointment in a higher class in the same department shall be considered as on leave from the permanent employee's regular position. Upon return of the regular incumbent, the substitute employee shall have the right to return to the substitute employee's former position or to a similar position in the same class in the department. Employees receiving substitute appointments in different department may, at the discretion of the former department head, either be put on leave or may retain only reinstatement privileges. Substitute appointments for less than one year may be made on a temporary provisional basis or through regular certification procedures at the option of the appointing authority. No position may be filled by such an appointment nor any person serve as a temporary provisional appointee for more than 12 months in any consecutive 24-month period.

(b) Substitute employees, when appointed through regular certification procedure from the top seven on the eligible list, shall carry full rights and privileges as regular employees.

(c) An extra-help appointment is one made to a nonpermanent position established to meet a peak-load or other unusual work situation.

(d) Extra-help appointments are not regular appointments, need not be made from eligible lists and carry none of the rights or benefits of regular appointments. However, in the event that an extra-help position is subsequently converted to a regular position, any continuing incumbent whose original appointment was made from one of the top seven on the appropriate eligible list, may be granted probationary status effective on the date of the establishment of the regular position without further examination regardless of the condition of the current eligible list.

(e) No person may receive pay in an extra help capacity in the same classification in the same department for more than 1,040 hours in any fiscal year, unless otherwise approved by the Board of Supervisors. The Board of Supervisors shall grant approval only for positions which have direct health and safety responsibilities in those departments providing 24-hour services.

(f) Extra help appointees in classes established for permanent positions are expected to meet all minimum requirements, including any special requirements established for the class by state law, or any specialized educational or training requirements for professional or technical classes, as established in the official specifications for such classes.

(g) Employees who are absent from duty with pay for a period of one month or longer may, at the request of the appointing authority and the approval of the Director, be transferred to special leave code positions and have their former positions filled on a temporary provisional basis or by regular substitute certification procedure. Except for the difference in the minimum period of appointment, such appointments shall be subject to the provisions for substitute appointments set forth in Subsection (a) of this section. It shall be the responsibility of the appointing authority to request from the Board of Supervisors sufficient appropriation for the special code positions.

(Code 1954, § 3.3.5-18; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.16, § 1, 6-19-61; Ord. No. NS-304.53, § 1, 3-4-68; Ord. No. NS-304.67, § 1, 10-13-70; Ord. No. NS-304.79, § 1, 6-19-73; Ord. No. NS-304.113, § 34, 8-30-88; Ord. No. NS-304.124, § 29, 9-17-02; Ord. No. NS-304.134, §§ 30, 31, 8-25-15)

(a) If there are reasons for filling a position, and there is no generic eligible list, the Director may authorize a provisional (pv) appointment to fill the position pending the establishment of an employment list, provided the appointee meets the established employment standards for the class.

(b) No provisional appointment shall continue for more than 90 calendar days after an appropriate employment list has been established for the class; nor may any position be filled by provisional appointment or any person serve as a provisional appointee for more than one year in any 24 consecutive months.

(Code 1954, § 3.3.5-19; Ord. No. NS-304.102, § 1, 1-2-79; Ord. No. NS-304.113, § 35, 8-30-88; Ord. No. NS-304.124, § 30, 9-17-02; Ord. No. NS-304.134, § 32, 8-25-15; Ord. No. NS-304-138, § 14, 9-16-25)

Should an emergency require the filling of a vacancy and there are no eligibles immediately available, upon approval of the Director, the appointing authority may make an emergency appointment of any willing person who meets the employment standards; but such emergency appointment may not continue for more than 60 working days and shall not be renewed. When utilized, notice of such emergency appointment will be reported to the applicable bargaining unit.

(Code 1954, § 3.3.5-20; Ord. No. NS-304.14, § 12, 10-13-59; Ord. No. NS-304-138, § 15, 9-16-25)

Appointments from open or promotional eligible lists shall be for a probationary period of six months, during which the appointing authority shall investigate the conduct, performance, moral responsibility and integrity of each employee and determine whether the employee is fully qualified for permanent status. Whenever employment conditions are such that employee qualifications for a class may not be adequately determined during a six-month probationary period, the Director, upon recommendation of the appointing authority, and approval of all appointing authorities concerned, may set the probationary period for the class not to exceed 18 months. An employee who has attained permanent status in a classification in an alternate series after serving a one-year probationary period shall, upon promotion to a higher classification in a series, serve a probationary period of six months.

(Code 1954, § 3.3.5-21; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 13, 10-13-59; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.68, § 2, 4-6-71; Ord. No. NS-304.99, § 1, 9-27-77)

(a) During the probationary period, the appointee may be rejected at any time without the right of a hearing before the Personnel Board as to original appointments and with the right of such hearing as to probationary appointments following promotion, demotion or transfer of employees with permanent status. If requested by the appointee, the appointing authority shall provide the appointee with a written statement of the reasons for the appointee's release; such request must be made within five working days of the appointee's release. Such statement is for informational purposes only, and not for purposes of appeal. The Director may restore a released probationer to the eligible list for certification to other departments if the reasons for the appointee's release appear limited to a single department.

(b) Probationary employees appointed to a higher class prior to attainment of permanent status in the lower class shall have the right to a hearing before the Personnel Board, provided the time served in both classes was sufficient to have attained permanent status in the lower class.

(Code 1954, § 3.3.5-22; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.49, § 8, 9-18-67; Ord. No. NS-304.85, § 1, 11-4-73; Ord. No. NS-304.113, § 36, 8-30-88; Ord. No. NS-304.134, § 33, 8-25-15)

If, after thorough investigation during the probationary period, the appointing authority finds the probationer fully qualified for permanent status, the appointing authority shall so certify to the department not later than the last day of the probationary period. Failure of the appointing authority to so certify shall grant the probationer permanent status.

(Code 1954, § 3.3.5-23; Ord. No. NS-304.113, § 37, 8-30-88; Ord. No. NS-304.134, § 34, 8-25-15)

As an alternative to appointment from any employment list, any employee, who has ever held permanent status in any classification, upon recommendation of the appointing authority and approval of the Director, may be appointed without further examination to a position in any class in which regular status had formerly been acquired, or to any related class on a comparable level with the former class, except when separation from the previous class was based on a disciplinary demotion, dismissal, or release.

(Code 1954, §§ 3.3.5-24.9, 3.3.4-25; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 15, 10-13-59; Ord. No. NS-304.21, § 5, 11-5-62; Ord. No. NS-304.23, § 1, 6-24-63; Ord. No. NS-304.49, § 9, 9-18-67; Ord. No. NS-304.81, § 1, 7-3-73; Ord. No. NS-304.134, § 35, 8-25-15)