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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. .1• 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. &2- (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. _I- 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 -4- 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. -ts— 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, -9- 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 -10 - 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. MI&M 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. -12- (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. —13— (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. -14- 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. -15-