4.04.010 Definitions.

In this chapter, unless the context requires otherwise:

A. “Commission” means the Civil Service Commission of the City.

B. “Employee” means a person who is legally an incumbent of a position in the classified service or who is on authorized leave of absence from such a position. Employee includes “officer.”

C. “Position” means any specific office or employment, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time or part-time basis.

D. “Rules” means rules adopted by the Commission and approved by the City Council. (Ord. 1794)

4.04.020 Adoption of Civil Service System.

In order to ensure reasonable, equitable and uniform standards for the administration of personnel affairs, this chapter adopts a Civil Service System for the City, pursuant to the provisions of the Government Code of the State of California. (Gov. Code § 45000 et seq.) (Ord. 861)

4.04.030 Appropriation of funds.

The City Council shall appropriate such funds as it may deem necessary in order to carry out the provisions of this chapter, and such funds shall be expended subject to the control of the City Council as is required for all expenditures of public funds or payment of demands against the City prescribed by the laws of the State of California and/or the ordinances of the City.

4.04.040 Unclassified and classified services.

All departments, offices, positions and employments in the service of the City shall be in the unclassified service or the classified service.

4.04.050 Application of chapter.

The provisions of this chapter shall apply solely to the positions in the classified service and the employees therein unless otherwise provided herein.

4.04.060 Civil service rules.

A. After a hearing before the Civil Service Commission, the City Council may adopt, amend or repeal rules governing the Civil Service System established pursuant to this code. Civil service rules adopted, amended or repealed by the City Council shall become effective immediately.

B. After a hearing, the Civil Service Commission may propose to the City Council the adoption, amendment or repeal of civil service rules governing the Civil Service System established pursuant to this code.

C. The City Council may, by resolution, provide that any of the rules and regulations provided for the classified services shall also apply to the employees in unclassified services.

D. Civil service rules shall address:

1. The certification of the highest eligible to an appointing authority;

2. The limitation of all appointments, including promotions, to persons so certified and for appointments made by means of transfer, demotion, and re-employment of former employees;

3. Probationary periods of six months or longer as a final test of employee fitness before acquisition of permanent status;

4. The prescription and definition of probationary and other kinds of nonpermanent status;

5. The methods and procedures for resignation, layoff, discharge, and other kinds of employee separation from the classified service;

6. The causes for, kinds of, and procedures for disciplinary action by an appointing authority against any subordinate who has permanent status;

7. The basic principles by which the Civil Service Commission shall be guided in classifying positions according to their duties and responsibilities;

8. The public recruitment of applicants, the process for examining the fitness of qualified applicants, and the process for establishing an eligibility list reflecting the relative fitness of applicants who pass the examination.

4.04.070 Civil service regulations.

A. The Civil Service Commission may adopt regulations to implement the administration and to further the purposes of the civil service rules enacted under the provisions of this code.

B. Civil service regulations are effective upon adoption by the Civil Service Commission, unless otherwise expressly provided.

4.04.080 Appointing authorities.

No person or official body in the City service shall have the power to appoint personnel to positions in the classified service unless specifically granted such power by ordinance or unless such power is delegated pursuant to ordinance and affirmed by resolution of the City Council. The power to appoint includes a corresponding power to discharge or to administer other disciplinary action pursuant to rule and a duty to direct or supervise, subordinate personnel to ensure efficient performance of duty.

4.04.090 Rule – Abolition of position.

The City Council may abolish any position in the classified service whenever it deems such action advisable in the interest of economy or because the necessity for such position no longer exists.

4.04.100 Rule – Seniority.

The appointing authority concerned shall observe the seniority rule in putting into effect a required reduction in personnel in any class of position pursuant to rules of the Commission.

4.04.110 Rule – Restoration after promotion and rejection.

Any employee who is promoted from a class of position in which he had permanent status and who is rejected by the appointing authority during probation shall be restored to permanent status in his former department and class of position unless he is also discharged from the service of the City in which case he shall have the same right to review by the Commission as is accorded employees with permanent status.

4.04.120 Fraud in employment.

In connection with any application for employment, civil service examination, or appointment, it shall be unlawful for any person:

A. To impersonate another;

B. To willfully make any false statement regarding any material fact;

C. To furnish or receive examination questions or other examination material in advance of examination in order to give advantage to a candidate;

D. To practice or attempt to practice any other deception or fraud; or

E. Knowingly to be in any manner instrumental in the accomplishment or attempt of accomplishment of any such acts.

4.04.130 Rule – Political activity.

A. No person holding a position in the classified service shall seek or accept election, nomination or appointment as an officer of a political club or organization, or take an active part in a County or municipal political campaign or serve as a member of a committee of such club or organizations or circle, or seek signatures to any petition provided for by any law, except as hereinafter provided, or act as a worker at the polls, or distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election, or for nomination to any public office; provided, however, that nothing in this chapter 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 his vote or from seeking or accepting election or appointment to an elective public office or to prevent any such officer or employee from seeking signature to any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions of such officer or employee, or from distributing badges or pamphlets, dodgers or handbills, or other participation in any campaign in connection with such petition, providing such activity is not carried on during hours of work, or when such officer or employee is dressed in the uniform, if any, required in any department of the City government.

B. Any willful violation thereof or violation through culpable negligence shall be sufficient grounds to authorize the discharge of any officer or employee.

4.04.140 Solicitation of contributions.

No person in either the classified or unclassified service shall directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatever, from anyone on the eligible lists or holding any position in the classified service.

4.04.150 Rule – Discrimination prohibited.

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 his race, religion, political opinions or affiliations except opinions or affiliation with groups favoring overthrow of the government by force or violence.

4.04.160 Rule – Qualifications regarding age and retirement.

A. No civil service rule adopted pursuant to this code shall establish any minimum or maximum age limits for any civil service examination, and no rule shall declare that age shall be considered to be a minimum qualification for any City employee 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 or her age, and neither the Commission, the City Council, nor any appointing power shall adopt any rule, either written or unwritten, prohibiting the employment of any person in the classified service solely because of his or her age; provided, that he or she is otherwise qualified for such employment.

B. This chapter shall not be construed to authorize the employment of any person in a particular City employment who has reached the retirement age for that particular employment prescribed by any City employees’ retirement system.

C. The employment of any person in any City employment while the person is receiving a retirement allowance under any City employees’ retirement system, by reason of prior City service, is hereby prohibited.