ARTICLE VII. CIVIL SERVICE

Sec. 700. Merit Principle.

Appointments and promotions in the Classified Service of the City shall be made according to merit and fitness and from eligible lists to be established in accordance with civil service rules and regulations adopted in the manner provided in this Charter.

Sec. 701. Unclassified and Classified Service.

The Civil Service of the City shall be divided into the Unclassified and the Classified Service.

(a) Unclassified Service. The Unclassified Service shall include the following officers and positions:

(1) All elective officers;

(2) City Manager, Assistant City Manager, Deputy City Manager, Director of Finance, City Clerk, City Attorney, Assistant or Deputy City Attorneys, a private secretary to the City Manager, a private secretary to the Mayor and Council, a private secretary to the City Attorney, department heads; or as provided in Section 500 of this Charter.

(3) All members of boards and commissions;

(4) Positions in any class or grade created for a special or, temporary purpose and which may exist for a period of not more than ninety (90) days in any one calendar year;

(5) Persons employed to render professional, scientific, technical or expert service of any occasional and exceptional character;

(6) Part-time employees paid on an hourly or per diem basis; and

(7) Persons employed to fill positions which have been created for work and/or projects funded entirely or in part by grants made to the City or as provided and as designated by the City Council pursuant to Section 500 of this Charter.

(8) The City may place Assistant and Deputy Department Heads, Assistants to the City Manager and new management level positions in the Unclassified service by an ordinance adopted by a four-fifth’s vote.

(b) Classified Service. The Classified Service shall comprise all positions not specifically included by this section in the Unclassified Service.

Sec. 702. Rules and Regulations.

The Civil Service rules and regulations shall provide for the following matters, in addition to such others as the Civil Service Commission may deem necessary, proper or expedient to carry on the intent and purpose of the Civil Service provisions of this Charter.

(a) The classification of all positions in the classified service.

(b) The selection, employment, advancement, suspension, demotion, discharge and retirement of all persons in the Classified Service.

(c) The recruitment of applicants for City positions through public advertisement inviting applications and by the establishment of lists according to the merit and fitness of the applicants, to be determined by free examinations in accordance with such rules. The holding of promotional examinations to fill vacancies where promotional examinations are practicable in the opinion of the Civil Service Commission.

(d) The certification of three names standing highest on the eligible list to the appointing authority to fill a position in the Classified Service, unless the Civil Service Commission, with the consent of the appointing power, authorized the certification of less than three names on an eligible list and, in the opinion of such Commission and such appointing power, conditions warrant such action.

Sec. 703. Appointments from Classified Service Positions.

In the event an officer or employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should within six months thereafter be removed or resign therefrom the officer or employee shall revert to their former position in the Classified Service without loss of any rights or privileges and upon the same terms and conditions as though service had been continuous in said position.

Sec. 704. Temporary Appointments.

(a) Temporary appointments to the head of any department where a vacancy may occur shall be made by the City Manager, subject to Council approval.

(b) Temporary appointments shall be made by the head of each department in which such a vacancy may occur, subject to the approval of the City Manager, of persons not on the eligible list in the event that no eligible list has been prepared for this position, or that those on the eligible list are not immediately available, or during the suspension of an employee or officer, or pending final action on proceedings to review a suspension, demotion or dismissal of an employee or officer. Such temporary appointments shall not continue for a longer period than six months. No credit shall be allowed in the giving of examinations for service rendered under a temporary appointment.

Sec. 705. Abolishment of Positions.

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 discharge or reduce the position or employment. Should such employee or officer holding such position or employment involving all or the major part of the same duties be reinstated or created within two years, the employee or officer discharged or reduced shall be appointed thereto in preference to any other qualified persons on the eligible list for such position.

Sec. 706. Contract for Performance of Administrative Functions.

The City Council may contract with the governing body of a city or county within this state, or with a state department or other public or private agency for the preparation or conducting of examinations for positions in the City service or for the performance of any other personnel administration service.

Sec. 707. Improper Political Activity.

No elective or appointive officer or employee of the City of Chula Vista, whether employed in the Classified or Unclassified Service, shall:

(a) Directly or indirectly use, promise, threaten or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition or consideration;

(b) Solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscription or contribution;

(c) Use any office or position with the City in any activity in support or opposition to any person running for the City of Chula Vista Council or Mayor.

Nothing in this article shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting their vote or from seeking or accepting election or appointment to public office. Any willful violation thereof or violation through culpable negligence shall be sufficient grounds to authorize the discharge of an officer or employee.

No person in the Classified Service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief, except that no one shall be eligible to hold a position with this City who advocates the overthrow of our form of government by force or violence.