Torrance Municipal Code Art. 17 Certification

Whenever a vacancy in the competitive service is to be filled the appointing officer shall make requisition upon the Civil Service Commission for certification of names of persons eligible for the position. Such requisition shall be upon forms prescribed and furnished by the City Manager and shall specify the department and title, class, grade and salary of the position to be filled. The appointing authority shall also state whether the service is temporary or permanent and when service must begin.

(Amended by O-3334; O-3350; O-3405; O-3411; O-3463; O-3511)

a) Upon receipt of a requisition for certification of names to fill a vacancy, except when filling a vacancy in a department head or division head position, the Civil Service Commission shall certify to the appointing authority the names of the three (3) highest ranking eligibles on the promotion eligible list (or a lesser number if the list contains less than three names) for the class from which the appointment is to be made. If there are no eligibles on the promotion eligible list, the Commission shall certify from the open eligible list for the class from which the appointment is to be made.

b) Whenever certification is made from an open eligible list, or certification is made to fill a department head or division head position, the Civil Service Commission shall certify to the appointing authority the names of the five (5) highest ranking eligibles and the names of all eligibles who, on the basis of whole scores, are tied with the fifth highest eligible certified.

c) Upon receipt of a requisition for certification of names to fill one (1) or more vacancies in the position of Police Officer or Firefighter, the Civil Service Commission shall certify to the appointing authority a minimum of five (5) names for the first vacancy. The Civil Service Commission shall certify to the appointing authority one (1) additional name for each additional vacancy to be filled from that same requisition.

Certification shall be made on the basis of ranks and all names within a rank shall be certified together. The first rank shall consist of all eligibles whose whole scores are equal to or greater than ninety (90). Should certification of the first rank result in less than the required number of names being certified, then the second and/or third ranks shall also be certified until the requisite number of names are available. The second rank shall consist of all eligibles with whole scores equal to or greater than eighty (80), but less than ninety (90); and the third rank shall consist of all eligibles with whole scores equal to or greater than seventy (70), but less than eighty (80).

Should less than five (5) names be available for certification for appointment to the position of Police Officer or Firefighter, the appointing authority may make an appointment from such list or may make a temporary appointment until at least five (5) names are furnished.

(Added by O-3334; O-3350; O-3463)

Whenever less than three (3) names are certified for appointment from a promotion eligible list, the appointing authority shall make an appointment, if any, from said list. Whenever less than five (5) names are certified for appointment from an open eligible list, or to a department head position, the appointing authority may make an appointment from such list or may make a temporary appointment until at least five (5) names are furnished.

(Added by O-3486)

In case objection is made by the appointing officer to any of the persons certified for reasons stated in SECTION 14.16.8 hereof, the Civil Service Commission may investigate the charges and, if the objection is sustained, shall remove the name of such person from the eligible list and substitute the next highest name.

(Added by O-3486)

In case an eligible certified for appointment refuses to accept a position or fails to respond to written inquiry regarding availability for certification or to written call for an interview regarding appointment he shall be deemed to have declined the appointment. All written notices shall be mailed to the eligible’s last known address and shall allow a period of five (5) business days, next succeeding the mailing of the notice, in which to respond.

(Added by O-3486)

The name of any certified eligible who declines a permanent appointment may be stricken from the eligible list and shall be restored at the discretion of the Civil Service Commission upon written request stating reasons for the declination or for the failure to respond to a communication. Notwithstanding the above, if any person on the eligible list declines three (3) times, his name shall be automatically removed from the list subject to appeal to the Commission. The Commission may retain the candidate on the eligible list if it determines his continued eligibility is in the best interest of the City and would promote the availability of candidates of the highest quality and fitness.

(Added by O-3486)

a) The Civil Service Administrator may refuse to have an applicant examined, or after examination to certify an eligible, or may remove an eligible from the eligible list:

1. Who is found to lack any of the published preliminary requirements established by the Civil Service Commission for the examination for the position or employment for which he applies;

2. Who is physically or mentally so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment;

3. Who is addicted to the use of intoxicating liquors or use of drugs;

4. Who has been found guilty of any felony or a misdemeanor involving moral turpitude;

5. Who has been dismissed, or has resigned in lieu of dismissal, from a position in either public or private employment for cause;

6. Who has made a false statement of any material fact, or who practices or has attempted to practice any deception or fraud in his application, in his declarations or in securing his eligibility or appointment;

7. Who has been certified three (3) times for permanent employment and has not been offered an appointment;

8. Who is judged to have demonstrated unsuitability for City employment through past behavior which adversely affects work performance such as, but not limited to, theft from prior employers, poor attendance record, history of disciplinary problems, or poor driving record;

b) In determining disqualifications under this Section the Civil Service Administrator shall consider:

1. Evidence of rehabilitation; and,

2. The relationship of the disqualifying cause to the class of work for which the person has applied.

Decisions of the Civil Service Administrator shall be in writing and may, within fifteen (15) days of the date of written notice, be appealed to the Civil Service Commission for final determination. The burden of proof of good character in all cases shall be upon the applicant.