HomeMy WebLinkAboutReso - CC - 016-1944hESOLUTION ADORTIrTG RULFS AND
REGUL"TIOIM CIVIL S?+iVICE
COT12_ISSION OF THE CITY OF
B1RLINGk1i E i / /7/x/
RESOLVED by the City Council of the City of Burlingame
that the rules and regulations of the Civil Service Commission
of the City of Burlingame, attached hereto, and rude a part of
this resolution, be, and the same are hereby approved,confirmed,
and adopted as the rules and regulations of said Civil Service
Commission of the City oz Burlingame, and shall have the force
and effect of law.
BE IT FURTHER RESOLVED that the said rules and remula-
tions of said Civil Service Commission shall be retroactive
and apply to all persons now regularly employed and a part of
the Civil Service system of the City, irrespective of length
of service of such persons, and shall also apply to all persons
who may hereafter become a part of such classified service.
The fore-•oing 'resolution was introduced at a regular
meeting of the City Council of the City of Burlingame held on
April 17, 1944, and adopted by the following vote:
AYES: 101OUITICIL21EN ° Burrows-Cole.ran-Dahl-Hunt- oth
NOES : COUNCIUZEN - None
ABSENT C OUNC I LI,-EN - None
ATTEST:
CIVIL SERVICE RULES AND REGULATIONS
OF THE CITY OF BURLIIJGAME
CIVIL SERVICE COMMISSION - ORGANIZATION:
Section 1. Appointment. The City Council shall appoint
a Civil Service Commission in the manner provided for in Civil Service
Ordinance No. 290 and the amendments thereto.
Section 2. Organisation, Within ten days from the date
of its appointment, the Commission shall meet, determine the terms
of its members by lot, and elect a chairman. The City Clerk, or any
of his deputies, appointed by the City Council, shall serve as secre-
tary of the Commission, but shall have no voice in its proceedings.
Two members shall be sufficient to constitute a quorum.
Section 3. Powers. The Civil Service Commission with the
consent of the City Council shall formulate and adopt rules and
regulations for the operation and administration of the Civil Service
System of the City, and which said rules and regulations after their
adoption shall have the force and effect of law.
The Civil Service Commission shall have the paver to examine
witnesses under oath and compel their attendance or the production of
evidence before it by subpeonaes issued in the name of the city and
attested by the City Clerk. It shall be the duty of the Chief of Police
to cause all such subpoenas to be served and refusal of a person to
attend or to testify in answer to such a subpoena shall subject said
person to prosecution in the same manner set forth by law for failure to
appear before the City Council in response to a subpoena issued by the
City Council.
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Section 4. Hearings. (a) Any employee who has been laid off,
suspended, demoted, or suspended prior to discharge by the City Council,
shall have the right to demand that the Commission investigate the
reasons for the suspension, demotion or proposed discharge, and it
shall be the duty of the Commission to make, or cause to be made, a
Pill investigation, and thereafter to hold a public hearing, at which
time it shall hear evidence for and against the employee. Written
conclusions or findings of the Commission shall be rendered within
ten days after the matter is submitted, and thereupon certified to
the City Council and to the employee by the Clerk. Should only two
members of the Commission agree on the conclusions and on the recom-
mendations to the Council made by the Commission, the dissenting member
is privileged to submit a separate report.
(b) The City Council, after receiving the report of the
Commission, may thereupon affirm, revoke, or modify the action taken
or proposed to be taken, as in its judgment seems warranted. The pro.
oeedings taken or conclusions of the Commission or those of the City
Council shall not be reviewable in any court.
Section 5. Procedure. (a) As soon as there is filed with
the Clerk a written demand, requesting that the Commission investigate
the suspension, demotion or suspension prior to discharge, of any
employee in the classified service, it shall be the duty of the Clerk
immediately to notify each member of the Commission of the demand, and
to secure from the Council a copy of the written verified charges and
a copy of the answer from the employee, and forthwith transmit a copy
of the same to each member of the Commission.
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(b) Upon receipt of such notification from the clerk, it
shall be the duty of the Chairmen of the Commission, or in his absence,
the duty of the acting chairman, to cause an investigation to be made
and to arrange for and announce the time and place at which the hear-
ing will be held.
(c) The public hearings of the Commission shall be informal
and the rules of evidence shall not apply,
(d) If, due to the absence from the City, or the illness
or disability, of a majority of the Commission., any employee would be
deprived of the right of investigation and review by the Commission,
in the event he was suspended, demoted or discharged, the City Council
shall defer action until the Commission is able to function, unless
the case be an emergency, in which event the Council may suspend the
employee, subject to a review by the Comnission and Council without
limitation as to time.
Section 6. Classification: (a) All offices and positions
included in the classified service shall be as established in Section
825 Ordinance Code of the City of Burlingame.
(b) The definition of each classified position, the typical
tasks pertaining to such position, and the minimum qualifications of
the applicants for appointment to such position are as the same appear
in the appendix attached.
(c) The City Council may, from time to time, d.esignate new
classes of positions, and may make any changes as in its discretion shall
seem proper, subject to the provisions of the Civil Service Ordinance
and laws of the State of California.
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RULE I
All Rules and Regulations now subsisting in the several
departments of the City which do not conflict with any of the provisions
herein shall be followed by the Civil Service Commission.
RULE II
Secticn 1. Filing Applications. (a) Any person shall be
considered for appointment to a vacancy in the classified service who
has filed a fully completed application therefor with the City Clerk
in, the manner specified in these rules and upon the form furnished
by said Clerk; and whose application has not been rejected by the
Civil Service Commission or City Council for cause in accordance
with the provisions of these rules.
(b) The applicant shall be required to make application
in his own handwriting ar(I subscribe to the same under oath.
(c) All applicants shall be required to be finger printed.
Section. 2. Age. No applicant shall be eligible for appoint-
ment to the Classified Service who is less than twenty-one years of are
except applicants for the position of library page, junior clerical
positions, junior recreation leaders, or such other positions as the
Civil Service Commission may determine.
Section 3. Character and Fitness. Applicants must furnish
evidence of good character, temperate habits, sound health and physical
ability to perform the duties of the position applied for.
After an applicant has successfully passed the examination
for the class of work for which he has applied, he or she shall then
submit to a medical examination, the scope of which shall be determined
by the Civil Service Commission. A medical examination shall be made by
a duly licensed medical practitioner recognized by the Civil Service
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Commission, and the results thereof reported in ariting to the
Civil Service Co=13sion on fonas to be provided by the Camdesion.
The applicant shall pay the medical fee.
Section 4. Cause for Rejeetion: Any applicant may be
rejected for any of the following: That the applicant:
(1) Is not a citizen of the United States;
(2) Is fou:id to lack any of the minimmn qualifications
set forth in the published notice inviting
applications and established as minL-= qualifications
in the classification schedule. No application
may be rajeotod for failure to neat qualifications
not statad in the published notion;
(3) Is physically unfit for the performance of the
duties of the position to which he seeks appointment;
(4) Is not considered of good moral character.
(5) Has been adjudged guilty of any crime involving
moral turpitude;
(6) Has made any false statement in any material fact,
or practiced, or attempted to practice any deception
or fraud in his application, examination, or
appointment.
Section 5. Rejected Applications. Whenever an application
is rejected, notice of such rejection shall be mailed to the applicant
by the Clerk.
RULE III
Section 1 - Applioations:
Whenever a vacancy occurs in the Clasified Service to which
the City Council intends to make an appointment, and for which there is
no eligible list of at least three names, and unless the examination is
to be promotional and restricted to regular employees already in tho
Classified Service, the Civil Service Commission shall cause to be
published and posted at least fifteen (15) days prior to the date of the
examination, an official notice inviting the filing of applications.
The notice shall be published not less than one time in a newspaper
of general circulation in the City, and shall also be posted prominently
on the City Sall bulletin board. The notice must contain the following:
1. The title, duties and probable rates of pay of
the position to be filled.
2. Type and subjeots of examination, together with a
statement of the relative weight of each type of
examination, expressed in percentage, based upon a
total score of one hundred per cent.
3. Time and olaco of examination.
4. Limitations as to age, sex and other mini -mum
qualifications.
5. Any special physical or medical requirements, and any
special qualifications as to training or experience.
6. Method of and place for securing application forms and
time limit of accepting applications.
Section 2 - Distribution and Receipt of Applications.
(a) The Civil Service Commission shall cause application
forms to be prepared for distribution by the City
Clerk to all applioants.
(b) All applications must be received not later than five
days before the date set for the examination, and thero-
after must be immediately transmitted to the Civil
Servioe Commission, who shall instruct the Clerk to
notify all qualified anplioants to appear for examination,
and at the same time the Clerk shall notify all applicants
who do not qualify.
RULE IV
EXAMINATIONS - Section 1 - Power to Examine: All examinations of appli-
cants for appointment to the classified service shall, unless otherwise
provided, be conducted under the direction of the Civil Service Commission,
as provided in these rules and regulations.
Section 2. Subjects and Method of Examination. (a) The
examination of applicants by the Civil Service Commission shall consist
of one or more of the following parts.
1. �,ecial Subject: This Dart shall constitute that portion
of the examination which deals with the duties of a
position, and may be an oral test, a written short answer
test, a written free answer test, or a combination of any
of these, but must be designed to test the ability of an
individual to perform said duties.
2. Educational: This part may consist of penmanship, spell.
ing,, composition, civics, city information, or any and
all of these, as well as other subjects to test the
basic training which would logically form the ground work
for performing the duties of the position and advancement
in the service.
3. Training and $xperfenoe: Training shall consist of
a sta ement of sailing and studies tending to fit
for the duties of life. Experience shall consist of
a statement of all past activities that would tend
to fit candidates for the positions they seek and may
include a statement of the names of former employers,
nature of work and reference. A record, based on
referenoes, investigation, character of past employment,
sobriety and general standing in the oomm unity, may be
included as part of this subject.
4. Physical and/or Medical: A physical or medical test
w 11 be made a part of the examination.
b. Oral Interview: Personality and appearance may be
counted as a' -factor in an examination, or the applicant
may be questioned on the duties of the position, training
and experience, nature of work performed, and other
reasonable questions to determine his fitness for the
position.
Section 3. Gradin& of Examinations. Applicants taking
examinations shall be graded on a total scale of one hundred per cent.
Any person who makes a grade of 70% in all subjects taken as a whole
shall have his name entered on the eligible list.
Section 4. Alternative Procedure Where Examinations
Are Not to be ir. �
When in the judgment of the Civil Service Commission the
giving of formal examinations to establish an eligible list is deemed
unnecessary or inadvisable, the examination maybe omitted, and the
list prepared from the grading of the applications, and personal
interviews with the applicants.
RULE V.
Eligible Lists:
Section 1. Preparation of Eligible List. Not more than
thirty days after the conclusion of the examination, unless for good
cause, a further extension of time is requested by the Civil Service
Commission and granted by the City Council., the said Civil Service
Commission shall transmit to the 0-14y Clerk, the names of all candidates.
who have successfully passed the examination listed in order frwa the
highest score to the lowest score. This list shall then become the
eligible register for the position for which the examination was givsa
and all appointments shall be made therefrom for a period of one year.
At the expiration of one year from the date the list was established,
a new examination may be given and a new eligible list prepared unless
the Civil Service Commission recommends, and the City Council approves
the period of eligibility for an additional year. The Civil Service
Commission shall conduct an examination at any time when there is no
list of eligibles, or when any eligible list contains less than three
names.
Section 2. The City Council may order any name removed
from an eligible list for any of the reasons set forth in Section 4
of Rule II, as being grounds for the rejection of an application,
or for any other good and sufficient reason.
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Section 3. Provision for Contracting Service. In the event
the City Council should enter into a contract with the legislative
body or board of any municipality, or county within this state, or
with any state department, for the giving of examinations for appointb
:Went to the classified service, said contract shall also provide for
the preparation and certification of an eligible list to the Civil
Service Comimigsion and City Council.
RULE VI.
Section 1 - Appointments:
When any position in the Classified Servico is to be filled,
the Council shall notify the Commission, which shall promptly certify
the names of the three highest eligibles of the class to which the
position belongs. The Council shall appoint one of the persons so
certified; the selection being made solely with reference to the merit
and fitness of the persons so certified to the position to be filled,
and the Council shall notify the Commission of its action.
Section 2 .. Temporary Appointments: When any position in the classified
service is to be filled, and there are no eligibles of the class to which
the position belongs, the Council may make a temporary appointment
of a person, who shall hold such appointment not longer than ninety
days or until an eligible list shall have been established; provided
that acceptance of a temporary appointment shall not be a bar to a
permanent appointment from an eligible list.
All temporary appointments, original or promotional, xro
subject to the provisions of Section 8 of Ordinance No. 290 of the
City of Burlingame as amended by Ordinance No. 390, and any person
on an established eligible list who has been given a temporary appointment,
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shall upon termination of his temporary employment be restored to the
same position on the list of eligibles which he maintained prior to
his temporary appointment.
Section 3. Refusal to accept an appointment when offered,
unless the reason therefor is satisfactory to the Commission shall be
sufficient cause to remove the name of the offeree from the list of
eligibles; provided, that if the reason is satisfactory the name of
the offeree may be retained on the eligible list.
Section 4. Probationary Period. Any person who has accepted
an appointment shall be on probation for a period of one year from the
date of regular appointment. A Probationer may be discharged any time
within the one year period without a hearing.
Any person who has accepted an appointment from a promotional
eligible list shall be on probation for a period of one year; if, during
the one year period, the service of the eligible is unsatisfactory, he
may be returned to the position from which he was promoted.
RULE VII - PROMOTIONS
Section 1 - Vacancies to be Filled by Promotion. Insofar as
practicable and consistent with the best interests of the service,
all vacancies in higher positions shall be filled by promotion from
within the classified service, after a promotional examination has bear
given and an eligible list established. Appointments shall be made from
the three highest names on the promotional list.
Section 2 — Promotion Not Mandatory. If, in the opinion of
the Civil Service Commission, a vacancy in a higher position could better
be filled by an open, competitive examination instead of a closed,
promotional examination, and if there is not already an eligible list
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from which the vacancy should be filled, then the City Council may
instruct the Civil Service Commission to call for applications for the
vacancy, and arrange for an examination and the certification of a now
eligible list, in the manner provided in these rules and regulations.
lection 3. Promotional Examinations. Whenever a promotional
examination is -iven, said examination shall be subject to all the
provisions of these rules and regulations governing open competitive
examinations, except that it shall not be necessary to publish notioo
of such examinations in any newspaper.
RULE VIII — SUSPENSION
Section 1. A Department Head may for cause suspend any
classified Civil Service employee under him for a period not to exceed
thirty days, and without pay. Immediately upon such suspension, such
Department Head shall give written notice of such suspension to the
Civil Service Cormi.ssion and the City Council. Grounds as a basis for
suspension are:
(a) Misconduct;
(b) Insubordination or failure to observe the rules and
regulations of the department, office or board;
(e) Inefficiency or failure to perform duties.
A temporary appointment may be made to fill the vacancy
during period of suspension.
Section 2. Notice of Sus-0ension. 'Whenever the City Council
orders the suspension of any employee in the classified service, it shall
within three days file a written statement with the suspended employee,
stating the reasons for the suspension. The employee shall have the
right of answer and hearing as provided in the Civil Service Ordinance.
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RULE IX - DMOTION
A demotion may be made upon the written request of the
employee, or by order of the City Council. Should the City Council
order a demotion, it shall file with the demoted employee within three
days a vmitten statement of the reasons for the demotion and shall also
notify the Civil Service Commission of the demotion. The employee shall
have the right of answer and hearing as provided in the Civil Service
Ordinance.
RULE X - DISCHARGE
Section. 1. (a) An employee in the classified service may
be discharged by the City Council for cause only. No emplcmee shall be
discharged until written charges have been filed with the Civil Service
Commission., and he has had an opportunity to reply thereto in writing,
and has had a hearing before the Civil Service Commission, and right to
appeal to the City Council, as provided in the Civil Service Ordinance.
Section 2. Cause for Discharge. The following are declared
to be sufficient cause for discharge from the classified service,
though charges may be based or causes other than those enumerated:
(a) That the employee is incompetent or inefficient in
the performance of his duty.
(b) That the employee repeatedly has been offensive in
his conduct toward his fellow employees, or the public.
(c) That the employes has some permanent or chronic
physical or mental ailment or defect which iroapacitates him for
the proper performance of his duties.
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(d) That the employee has violated any lawful or official
regulation or order, or failed to obey any lawful and reasonable
direction given him by his superior officer when such violation or
failure to obey amounts to insubordination or serious breach of
discipline which may reasonably be expected to result in loner morale
in the organization or to result in loss, inconvenience, or injury to
the City or the public.
(e) That the employee has taken for personal use a fee, gift,
or other valuable thing in the course of his work or in connection with
it when such fee, gift or other valuable thing is given him by any person
in the hope or expectation of receiving a favor or better treatment
than that accorded other persons.
(f) That the employee has failed to pay or make reasonable
provision for future payment of just debts when annoyance is caused
the service because of such failure.
(g) That the employee has been convicted of a criminal
offense involving moral turpitude.
(h) That the employee through negligence or wilful
conduct has caused serious damage to public property or waste of
public supplies.
(i) That the employee has been guilty of any conduct
unbecoming an officer or employee of the City.
(j) That the employee has beer. absent without leave, or has
failed to report after leave of absence has expired, or after such leave
of absence has been disapproved or revoked and cancelled by the City
Council; provided, however, that if such absence or failure to report
is excusable the Council may dismiss the charges.
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(k) That the employee is guilty of improper political
activity as defined in the Civil Service Ordinance,
RULE XI - LEAVES OF ABSENCE
Section 1. Vacation. Every employee in the classified
service who has served continuously under regular employment for one
year shall receive a vacation of fourteen days, including holidays or
Sundays, with full pay; vacations to be taken at such time as will least
interfere with the operation of regular service, and to be preferably
continuous. Vacation allowance shall not be cumulative.
Section 2. Sick Leave. (a) An employee in the classified
service whose compensation is fixed by the month may, after one year
of continuous service, be granted a sick leave of a maximum of thirty
days in any one year, with full pay for illness, temporary physeial
disability, or when in quarantine; provided that the City Council may
grant sick leave with pay for a period of six working days to an
employee who has been regularly appointed to the olassified service
for a period of less than one year.
(b) In case of illness where the employee is not able to
return to his employment at the expiration of his sick leave, the
City Council may extend the period of leave with pay, and particularly
if in a prior year, the full sick leave allowance has not been used by
the employee; but in, no event shall sick leave with pay be granted for
longer than sixty days, except that the City Council may grant an
additional thirty days for each five years of continuous service
rendered to the City by the employee, and except that in case of illness
and disability incurred in the performance of duty, a further extension
may be granted by the City Council. Sick leave shall not be cumulative.
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section. 3. leaves of Absence Without Pay. The City
Council may, for good cause, grant leaves of absence without pay.
Section 4. Right of Employee to Retain Position. When
leave of absence with or without pay is granted, it is with the
definite understanding that the employee will be restored to the
position vacated by him, at the expiration of his leave.
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