Torrance Municipal Code Art. 1 Civil Service

Pursuant to the authority granted to the legislative body of any City within the State under the provisions of Chapter 48 of the Statutes of 1935, the Civil Service System referred to in the following Sections is hereby adopted for the City.

(Added by O-441)

The terms Civil Service Board, Personnel Board and Board of Review, as used in this Article, shall be construed as one and the same Board.

(Added by O-326)

This Article shall apply to all appointive officers and employees in the classified service of the City as defined in Section 14.1.4., except the appointive officers and employees of the Police and Fire Departments who are now covered by Civil Service Ordinance No. 249, adopted by the City at the General Municipal Election, April 9, 1934. In the event that said Ordinance No. 249 is repealed, this Article is intended to and will automatically include all employees and officers of the Police and Fire Departments without any interruption in the Civil Service status of such employees or officers, and without any further action on the part of the City Council.

(Amended by O-2537; O-2908; O-3465)

The provisions of this Chapter shall apply to employees who are regularly and continuously employed in the service of the City, unless the City Council by ordinance designates a position as at-will, non-classified or non-civil-service. The term employee shall mean an appointive officer or any person holding a position in the classified service. No elective officer shall be qualified to hold a Civil Service position while serving as such officer under this Chapter.

Any person holding a position or employment in the classified service at the time this Article takes effect, who shall have served in such position for a period of at least six (6) months continuously, immediately prior to such effective date and who otherwise meets the qualifications set out in this Article shall become a classified service employee without preliminary or working tests and shall thereafter be subject in all respects to the provisions of this Article. Any other persons holding positions or employments in the classified service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before their appointments become complete.

NOTE: The duties assigned to the Personnel Clerk in Chapter 4, Division 1, of the Torrance Municipal Code and in the Civil Service Rules and Regulations shall be performed by the Civil Service Commission.

The duties assigned to the Personnel Director in Chapter 4, Division 1 of the Torrance Municipal Code shall be performed by the Personnel Manager.

(O-2463)

(Amended by O-2462)

a) Appointment of Executive Officer:

1. The Civil Service Commission shall appoint an Executive Officer of the Civil Service Commission in accordance with the rules of the City for appointment of members of the classified service. The Executive Officer shall be a member of the classified service.

2. The appointment shall be subject to appeal to the City Council by any member of the City Council within fourteen (14) days after the date of appointment. In the event of such appeal, the Council may veto the appointment.

3. Notwithstanding the above provisions of this Section, the person who holds the appointment to the temporary position of Executive Officer on the date this Section becomes effective shall be conclusively deemed to have been appointed on such date to the permanent position of Executive Officer.

b) Duties of Executive Officer: The Executive Officer, subject to the direction and approval of the Civil Service Commission, shall:

1. Be the Secretary and Advisor to the Civil Service Commission;

2. Be the official upon or with whom all notices, requests for hearings, complaints, and various official documents shall be served or filed;

3. Perform such duties as are from time to time set forth in the class specification for the position.

c) Removal of Executive Officer: The Executive Officer may be suspended without pay or discharged or otherwise disciplined in accordance with Civil Service Rules and Regulations by a majority vote of the Civil Service Commission on charges brought by any member of said Commission. The Executive Officer shall have the same right of review of any other Civil Service employee of the City except that the Civil Service Commission shall appoint a Hearing Officer to conduct the hearing thereon and the Hearing Officer shall make the findings of fact, conclusions of law, and a recommendation directly to the City Council.

(Amended by O-2463)

The City Manager or his designee shall report monthly or as required by Civil Service Rules and Regulations to the Civil Service Commission as follows:

a) All appointments, whether emergency, temporary, permanent or promotional.

b) All lateral transfers.

c) All refusals of appointment, together with reasons therefor, or neglect to accept appointment by a person who has been certified.

d) All suspension or reinstatements.

e) All separations from the City and their cause, if known.

f) All other matters required by Civil Service Rules and Regulations.

(Added by O-3486)

A record shall be kept in the minutes of the time and place of each meeting of the Commission, the names of the Civil Service Commission members present, all official acts of the Commission, the votes given by the Commission members except when acts are unanimous, and when requested, a Commission member’s dissent or approval with the reasons, and the Commission shall cause the minutes to be prepared and presented for approval or amendment at the next regular meeting. Following approval a copy of the minutes of the Civil Service Commission shall be forwarded, forthwith to the City Council.

(Added by O-326; Amended by O-3486)

The Civil Service Commission shall, with the advice and consent of the City Council, formulate rules and regulations which, when approved by the City Council, shall govern in all matters pertaining to the Civil Service system. Any subsequent amendments to such rules and regulations may be adopted by the City Council only following a public hearing before the Civil Service Commission. The Civil Service Commission shall hold such hearing only after at least five (5) days prior public notice. All rules and regulations adopted shall be consistent with the provisions of this Article.

(Added by O-326; Amended by O-3020)

The rules and regulations, referred to in the preceding Section, shall provide for the following matters in addition to such other matters as may be necessary and proper in carrying out the intent and purposes of this Article:

a) Classification. The classification of all persons in the classified service.

b) Selection, Employment, Discharge, etc. of Persons in Service. The selection employment, advancement, suspension, demotion, discharge and retirement of all persons in the classified service.

c) Minimum Standards and Qualifications. The formulating of minimum standards and qualifications for each of the positions in the classified service to the end that no applicant will be considered for appointment or employment in the classified service who does not possess such minimum standards and qualifications.

d) Applications for Positions in Service; Consideration of Applicants, etc. The publication of notices inviting the filing of applications for positions in the classified service. No applicant shall be considered who does not possess the minimum qualifications for holding office; provided, that the Civil Service Board or Board of Review or Personnel Officer shall not establish any minimum qualification for any City employment in the classified service. Any person possessing all the minimum qualifications for the position shall be eligible to take any civil service examination, regardless of his age, and neither the Civil Service Board or Board of Review nor the Personnel Officer nor any appointing power shall adopt any rule, either written or unwritten, prohibiting the employment of any person in any City employment who is otherwise qualified therefor, solely because of his age, except that the minimum age for employment as a police officer or firefighter shall be not less than twenty-one (21) years and nothing herein contained shall prevent the City Council from fixing maximum age limits for the employment of police officers or firefighters.

(Added by O-326)

The City Council shall appropriate such funds as are necessary to carry out the provisions of this Article.

(Added by O-326; Amended by O-2908)

All appointments to positions or employments in the classified service shall be made by the City Manager or his designee. Such appointments shall be made from the applications on file with the City in accordance with the rules and regulations adopted under the authority of this Article.

a) Permanent position shall mean a position, the duties of which are not expected to terminate at any stated time.

b) Temporary position shall mean a position, the duties of which are not permanent in nature and are expected to terminate.

c) Recurrent employee shall mean any person employed on an impermanent basis for regularly recurring work.

(Added by O-1474)

Whenever the City has acquired a privately or mutually owned public utility, all technical and clerical employees of such utility thereupon may become members of the classified service without examination in the classification which the Personnel Director determines envelopes their duties, on condition that such employee is accepted by the department head and the City Manager and passes the physical examination required for City employment in such classification.

(Added by O-326)

The city council shall have the power to contract with the legislative body or board of any municipality or county within this State or with any State department for the performance by such other governmental agency of such technical service in connection with personnel selection and administration as may be desired, including the giving of examinations.

(Added by O-326)

In the event examinations are held, the same shall be open and competitive. In such event appointments subsequently made shall be from those certified as being qualified as a result of such examinations and in accordance with the rules and regulations duly adopted.

(Added by O-326; Amended by O-2908; O-3020; O-3112; O-3465U)

Temporary appointments may be made by the City Manager or an appointing officer in accordance with the needs of the City.

a) Temporary appointment shall be defined as appointment to:

1. a permanent position which is vacant pending the establishment of an eligible list.

2. a permanent position which is temporarily vacant by reason of the absence of a regular employee unless such temporarily vacant position is otherwise filled as provided by this Code.

3. a temporary position whenever the needs of the service require the employment of persons for a temporary period.

b) Certification for temporary appointment shall be made from existing eligible lists in the same manner as for permanent employment, except that:

1. no person shall be certified to a position which will conflict with his temporary service in another position in the same classification.

2. the acceptance or refusal of a temporary appointment by an eligible shall not affect his standing on the eligible list for permanent employment.

3. the period of temporary service shall not be counted as part of the probationary service in case of subsequent appointment to a permanent position.

4. in the event no eligible list exists or those eligible are not immediately available, appointment may be made of persons not on the eligible list.

c) No person shall serve more than six (6) months in one or more temporary appointments to a permanent position in any twelve (12) consecutive month period.

(Added by O-3112)

In case of an emergency, where appointment to fill a position must be made forthwith, and pending certification and appointment from an employment list as provided by this Code, an appointment to fill such position may be made without regard to these rules, the appointee to serve a maximum of fifteen (15) working days.

(Added by O-326)

During the period of suspension of any employee or pending final action on proceedings to review a suspension, demotion or dismissal of an employee, the vacancy created may be filled by the appointing power only by temporary appointment.

(Added by O-326)

Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the City Council may abolish any position or employment in the classified service and discontinue the services of the employee holding such position or employment; provided, that the City Council shall be required to observe the seniority rule in putting into effect any such reduction in personnel. Should such position or employment or any position involving all or any of the same duties be reinstated or created within two (2) years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position.

(Added by O-326; Amended by O-1056)

a) No person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary or permanent, in the classified service of the City shall solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any candidate for an elective public office of the City, from any other person on such eligible list or holding any position, whether temporary, probationary or permanent, in the classified service of the City, or from any other employee or elected official of the City.

b) No candidate for an elective public office of the City shall receive, or be in any manner concerned in receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose, whatsoever, from any person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary or permanent, in the classified service of the City, or from any other employee of the City.

c) No person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary, or permanent, in the classified service of the City or holding any other employment with the City, shall pay or agree to pay any assessment, subscription or contribution, or render any political service, whether voluntary or involuntary, to or for any candidate for an elective public office in the City.

This Article shall take effect thirty (30) days after the date of its adoption. (Adopted 5-27-41).

(Added by O-1751; Amended by O-1783; O-3457)

The Civil Service Board shall determine in advance of every examination whether such examination shall be a promotional examination or an open examination or an open and promotional examination; provided, however, that an examination for a department head shall be either a promotional examination or an open examination and such determination shall be made by the City Council after recommendation by the Board. Such determination shall be recorded in the minutes of the Board and the City Council, as the case may be.

Applicants to take a promotional examination for a department head position must be actually in the City employ at the time of the examination and have completed six (6) months of actual service in either a permanent civil service position or a non-civil service position.

(Added by O-2759)

a) Subject to the provisions of subsections b) and c) of this Section, no person convicted (including convictions following pleas of guilty and nolo contendre) of a felony or convicted of a misdemeanor involving moral turpitude shall be eligible for employment by any department of the City.

b) The appointing authority shall disregard such conviction if it is determined by the City Manager or his designee that such conviction is unrelated to the performance of the duties of the classification in which the applicant is to work. The applicant may appeal an adverse determination to the Civil Service Commission.

c) The appointing authority may disregard such conviction, if it is determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, or the age of the applicant at the time of the conviction.

(Added by O-2759)

The Mayor and Members of the City Council, the Chairman and members of the Civil Service Commission, the City Manager and his designee, Assistant City Manager, Personnel Manager, Civil Service Administrator, Personnel Analyst, Affirmative Action Officer, Chief of Police, City Attorney and any of his Deputies and Assistants, and each appointing authority of the City, are hereby authorized to have access to the State Summary Criminal History Information as provided for in Section 11105 of the Penal Code of the State of California when it is required to assist such person to fulfill the employment responsibilities set forth in Section 14.1.43.

(Added by O-2759)

Any official authorized to have access to criminal history information as set forth in Section 14.1.43. shall make a written request therefor to the Police Department in a form provided by the Personnel Manager which shall state the name and title of the official making the request, the purpose of the request, the identification of the applicant, and the position for which he applies and such other information as the Personnel Manager may require.

(Added by O-2805)

The City Manager shall establish procedures for handling the State Summary Criminal History Information documents. Such procedures shall seek to preserve a reasonable degree of privacy in such documents and in the information contained therein.