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1 City of Stockton Concurrent Civil Service/Equal Employment Commission Meeting Meeting Agenda - Final Civil Service/Equal Employment Commission Concurrent Pamela Sloan, Chair Annette Sanchez, Vice Chair Sarbjeet Singh, Commissioner Vacant, Commissioner Vacant, Commissioner Thursday, September 21, :00 PM Council Chamber - City Hall, 425 N. El Dorado Street, Stockton CA 1. SESSION CALL TO ORDER/ROLL CALL 2. PUBLIC COMMENT* (Comments will be limited to the Closed Session items listed below). 3. ANNOUNCEMENT OF CLOSED SESSION TECHNOLOGY TRAINING COORDINATOR (PROMOTIONAL) ELIGIBLE LIST CERTIFICATION RECOMMENDATION Adopt a resolution certifying the results of the promotional examination for Technology Training Coordinator. Department: Attachments: Human Resources Proposed Resolution - Exam Results - Technology Training Coordinator POLICE OFFICER ELIGIBLE LISTS - REMOVAL OF NAME(S) RECOMMENDATION Approve by motion the removal of name(s) from the Police Officer Eligible Lists. Department: Human Resources 4. RECESS FROM CLOSED SESSION 5. REGULAR SESSION CALL TO ORDER/ROLL CALL City of Stockton Page 1 Printed on 9/14/2017 1

2 Civil Service/Equal Employment Commission Concurrent Meeting Agenda - Final September 21, PLEDGE TO THE FLAG 7. REPORT OF ACTION TAKEN IN CLOSED SESSION 8. CITIZENS COMMENTS/ANNOUNCEMENTS* 9. ADOPTION OF CONSENT CALENDAR APPROVAL OF COMMISSION MINUTES Department: Attachments: City Clerk Minutes for Approval REQUEST TO CONDUCT A PROMOTIONAL EXAMINATION - POLICE SERGEANT RECOMMENDATION Adopt a resolution approving the weights of the examination and the contents of the job announcement for the promotional position of Police Sergeant. Department: Attachments: Human Resources Proposed Resolution - Request to Conduct Promotional Examination - Police Se REQUEST FOR FINAL EXTENSION OF TWO-YEAR-OLD ELIGIBILITY LIST FOR PROPERTY CLERK (OPEN/PROMOTIONAL) RECOMMENDATION Approve by motion the final extension of the Miscellaneous Employee Eligibility List for Property Clerk (Open/Promotional). Department: Human Resources 10. UNFINISHED BUSINESS 11. REQUEST FOR APPEALS/PUBLIC HEARINGS City of Stockton Page 2 Printed on 9/14/2017 2

3 Civil Service/Equal Employment Commission Concurrent Meeting Agenda - Final September 21, REQUEST A PUBLIC HEARING TO AMEND RULE I (DEFINITION OF TERMS) OF THE CIVIL SERVICE RULES AND REGULATIONS FOR MISCELLANEOUS EMPLOYEES, AND RULE I (DEFINITION OF TERMS), SECTION 5, OF THE CIVIL SERVICE RULES AND REGULATIONS FOR POLICE AND FIRE EMPLOYEES RECOMMENDATION Approve a motion to schedule a public hearing at the October 19, 2017 Civil Service Commission meeting to amend Rule I (Definition of Terms) of the Civil Service Rules and Regulations for Miscellaneous employees, and Rule I (Definition of Terms), Section 5, of the Civil Service Rules and Regulations for Police and Fire employees. Department: Attachments: Human Resources Attachment A - Red-lined Rule I - Miscellaneous Employees Attachment B - Red-lined Rule I, Section 5 - Police and Fire Employees 12. APPEALS/PUBLIC HEARINGS 13. NEW BUSINESS* ANNUAL EQUAL EMPLOYMENT REPORT - OFFICE OF THE CITY ATTORNEY Department: Attachments: City Attorney Annual Employment Report - City Attorney ANNUAL EQUAL EMPLOYMENT REPORT - OFFICE OF THE CITY MANAGER Department: Attachments: City Manager Annual Equal Employment Report - Office of the City Manager 14. REPORTS/WRITTEN COMMUNICATIONS/ INFORMATIONAL ITEMS City of Stockton Page 3 Printed on 9/14/2017 3

4 Civil Service/Equal Employment Commission Concurrent Meeting Agenda - Final September 21, NOTIFICATION OF ACTION TAKEN BY THE DIRECTOR OF HUMAN RESOURCES AMENDING THE CLASSIFICATION SPECIFICATION FOR EMERGENCY COMMUNICATION DISPATCH MANAGER RECOMMENDATION This item is informational only. No action is necessary. Department: Attachments: Human Resources Draft Class Spec red-line - Emergency Communication Dispatch Manager.pdf Class Spec Final - Emergency Communication Dispatch Manager.pdf NOTIFICATION OF ACTION TAKEN BY THE DIRECTOR OF HUMAN RESOURCES AMENDING THE CLASSIFICATION SPECIFICATION FOR SUPERVISING PARKING ENFORCEMENT OFFICER RECOMMENDATION This item is informational only. No action is necessary. Department: Attachments: Human Resources Draft Class Spec red-line -Supervising Parking Enforcement Officer Class Spec Final - Supervising Parking Enforcement Officer 15. BOARD/COMMISSION COMMUNICATIONS OR COMMENTS 16. ADJOURNMENT CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on September 14,2017 in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: Deputy City of Stockton Page 4 Printed on 9/14/2017 4

5 Civil Service/Equal Employment Commission Concurrent Meeting Agenda - Draft September 21, 2017 Agendas, staff reports and minutes can be viewed on the City of Stockton web site Citizens may comment on any subject within the jurisdiction of this governing body, including items on the Agenda. Anyone wishing to speak on a consent item or public hearing item, please complete a Request to Speak Card and submit it to the Recording Secretary prior to the meeting. No speaker cards will be received after the close of the Citizen's Comments portion of the meeting. Each speaker is limited to five minutes. Speakers must be prepared to speak when called. Speakers should hold comments on items listed as a Public Hearing until the Hearing is opened. If a large number of people desire to speak at a Public Hearing, the Chair may reduce the amount of time allocated to each speaker to three (3) minutes. NOTE: All proceedings are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person(s) needing one. In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California during normal business hours or by calling (209) , at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility. AGENDA ITEMS: Information concerning the agenda items have been forwarded to this governing body prior to the meeting. Unless a governing body member or member of the audience has questions concerning a particular item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote. * For any person wishing to address this governing body on any matter not on the printed agenda. The Chairperson may set a time limit for individual speakers/groups. City of Stockton Page 5 Printed on 9/14/2017 5

6 City of Stockton Legislation Text File #: , Version: 1 TECHNOLOGY TRAINING COORDINATOR (PROMOTIONAL) ELIGIBLE LIST CERTIFICATION RECOMMENDATION Adopt a resolution certifying the results of the promotional examination for Technology Training Coordinator. DISCUSSION The examination for the position of Technology Training Coordinator (Promotional) was conducted in accordance with the Rules and Regulations for Miscellaneous Employees. This recruitment opened on August 13, 2017, and closed on August 17, Human Resources received a total of 15 applications during the recruitment period. Commissioners will receive detailed results of the examination in closed session on September 21, Included with the results is a list of applicants receiving passing scores, in rank order, and confidential applicant flow data worksheets for approval and adoption at your meeting of September 21, AUTHORITY Rule VI, section 12(a) of the Civil Service Rules and Regulations for Miscellaneous Employees provides that the Civil Service Commission shall certify the results of each examination conducted by other than continuous examination. City of Stockton Page 1 of 1 Printed on 9/14/2017 powered by Legistar 6

7 CIVIL SERVICE COMMISSION Resolution No. CS RESOLUTION CERTIFYING THE RESULTS OF THE PROMOTIONAL EXAMINATION FOR THE POSITION OF TECH- NOLOGY TRAINING COORDINATOR. The Chief Examiner for the Civil Service Commission opened the recruitment for TECHNOLOGY TRAINING COORDINATOR on August 13, 2017, and closed it on August 17, The Chief Examiner received a total of 15 applications. The promotional recruitment evaluated applicants for specified knowledge, skills, and abilities to perform the duties of the Miscellaneous position of TECHNOLOGY TRAINING COORDINATOR, as set forth in the job announcement prepared in accordance with the Rules and Regulations of this Commission; and The Chief Examiner for the Civil Service Commission performed a promotional training and experience review for TECHNOLOGY TRAINING COORDINATOR, on August 21, 2017, for the City of Stockton; and The Chief Examiner has filed with this Commission a report of the results of the promotional examination, in accordance with Rule VI, section 12(a) of the City of Stockton Civil Service Rules and Regulations for Miscellaneous Employees, which report is on file with the Human Resources Department; now, therefore, BE IT RESOLVED BY THE CIVIL SERVICE COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: 7

8 1. That the report of the promotional examination for the Miscellaneous position of TECHNOLOGY TRAINING COORDINATOR is hereby approved. 2. That the promotional list of eligibles for the Miscellaneous position of TECHNOLOGY TRAINING COORDINATOR for the City of Stockton, attached hereto as Exhibit 1, is hereby certified. 3. That the candidate appearing on Exhibit 1 is hereby declared eligible for appointment to the Miscellaneous position of TECHNOLOGY TRAINING COORDINATOR, and shall be certified to the appointing authority to fill vacancies approved by the Personnel Officer in accordance with the Stockton Municipal Code and the Rules and Regulations of this Commission. 4. That the list certified herein shall remain in effect for one (1) year and shall expire on September 22, 2018, unless the duration is otherwise changed by this Commission. PASSED, APPROVED, and ADOPTED this 21st day of September ATTEST: PAMELA SLOAN, CHAIR CITY OF STOCKTON CIVIL SERVICE COMMISSION BRET HUNTER INTERIM SECRETARY TO THE CIVIL SERVICE COMMISSION By: 8

9 City of Stockton Legislation Text File #: , Version: 1 POLICE OFFICER ELIGIBLE LISTS - REMOVAL OF NAME(S) RECOMMENDATION Approve by motion the removal of name(s) from the Police Officer Eligible Lists. DISCUSSION A list of names is provided to Commission in closed session of candidates that were certified to the Police Department and not selected for appointment. Based upon their non-selection and in order to provide the hiring department with a list of viable candidates, staff is requesting Commission approval to remove the identified candidates from the following lists: Police Officer - Recruit (Open/Promotional), Police Officer Trainee (Open/Promotional), and Police Officer - Academy Graduate (Open/Promotional) eligibility lists. AUTHORITY Rule VI, Section 12(d) of the Civil Service Rules and Regulations for Miscellaneous Employees and Rule V, Section 4(a)(6) of the Civil Service Rules for Police and Fire Employees allow for the Commission to remove candidates from the eligible list for failure to complete and/or successfully pass a background investigation. Rule VI, Section 12(d)(5) of the Civil Service Rules and Regulations for Miscellaneous Employees and Rule V, Section 11(d)(4) of the Civil Service Rules and Regulations for Police and Fire Employees allows for the Commission to remove candidates from the eligible list when the records of the Personnel Officer show the candidate has requested in writing that his/her name be removed. City of Stockton Page 1 of 1 Printed on 9/14/2017 powered by Legistar 9

10 City of Stockton Legislation Text File #: , Version: 1 APPROVAL OF COMMISSION MINUTES RECOMMENDATION Approve the minutes from the Civil Service Commission Meeting of September 21, City of Stockton Page 1 of 1 Printed on 9/14/2017 powered by Legistar 10

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17 City of Stockton Legislation Text File #: , Version: 1 REQUEST TO CONDUCT A PROMOTIONAL EXAMINATION - POLICE SERGEANT RECOMMENDATION Adopt a resolution approving the weights of the examination and the contents of the job announcement for the promotional position of Police Sergeant. DISCUSSION Civil Service Rule VI, Section 4(b) for Police and Fire Employees provides, The scope and content of the examination requirements, the weight of each portion of the examination, and whether seniority points will be allowed for the examination will be announced in the job announcement as authorized by resolution of the Civil Service Commission. Listed below are the requirements for the position of Police Sergeant: MINIMUM QUALIFICATIONS Attainment of the regular status rank of Police Officer in the Stockton Police Department and five (5) years of experience at that level as of November 1, EXAMINATION The examination will consist of a written examination weighted 70% and an assessment center examination weighted 30%. In order to obtain a passing score, candidates must receive a minimum score of not less than seventy percent (70%) on each portion of the examination. (In the written portion only, passing may be other than an arithmetic 70%.) In keeping with the Civil Service Rules and Regulation for Police and Fire Employees, a score of less than 70% on either portion of the examination will result in failure of the entire examination process. Only candidates who have passed the written test will compete in the assessment center. The written examination has a total weight of 70% and is comprised of two components: a multiple-choice exam worth 55% of the total written weight; and a take home writing component designed to assess candidate s preparedness for promotion weighted at 15% of the total written weight. Both components must be passed with a 70%; a score of less than 70% on either component will result in failure of the entire examination process. The written component will be read by the Chief of Police, or designee, and assessed by independent assessors. SENIORITY POINTS Candidates must successfully pass all portions of the examination to be eligible for seniority points calculated by multiplying the time-in-rank as a Police Officer by 0.25, not to exceed a maximum of five (5.0) points. City of Stockton Page 1 of 2 Printed on 9/14/ powered by Legistar

18 File #: , Version: 1 SCOPE OF THE EXAMINATION The written and oral assessment examinations may include, but may not be limited to, the following areas: Principles and practices of employee supervision, including selection, training, work evaluation, and discipline; administrative practices and methods, including planning, delegation, and program implementation; practices and procedures of budget preparation and monitoring; and basic computer usage. The most recent eligible list for Police Sergeant expires on January 22, The City Manager has approved the establishment of an eligible list, and staff will move forward with the recruitment and examination process for the position. Upon completion of the process, the examination summary and eligible list will be provided to you for your review and adoption at a future meeting. Authority Rule VI, Sections 3 and 4 of the Civil Service Rules and Regulations for Police and Fire Employees requires the Civil Service Commission to approve by resolution the weights of examinations and the contents of the job announcement for all promotional examinations. City of Stockton Page 2 of 2 Printed on 9/14/ powered by Legistar

19 CIVIL SERVICE COMMISSION Resolution No. CS RESOLUTION APPROVING CONDUCT OF THE RECRUITMENT AND EXAMINATION PROCESS FOR THE POSITION OF POLICE SERGEANT IN THE POLICE DEPARTMENT WHEREAS, in accordance with section 2503(h) of the City Charter, the Civil Service Commission is authorized to provide for, formulate, and hold competitive tests to determine the relative qualifications of applicants; and WHEREAS, in accordance with the Personnel Requisition of the City Manager dated January 17, 2017, where the current eligible list expires as of January 22, 2018, it is necessary to hold a promotional examination for the position of Police Sergeant in the Police Department; and WHEREAS, it is also necessary to determine the contents of the job announcement, set the weights of each component of the examination, determine the method of ranking and weighting of scores, and set the date of the examination; now, therefore, BE IT RESOLVED BY THE CIVIL SERVICE COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: 1. That the Human Resources Department is hereby appointed as Chief Examiner and is authorized to open the recruitment and examination process for the position of Police Sergeant. 2. That the qualifying requirements for the examination, the minimum passing score, weights, and other details of the examination as referenced below: MINIMUM QUALIFICATIONS Attainment of the regular status rank of Police Officer in the Stockton Police Department and five (5) years of experience at that level as of November 1, EXAMINATION The examination will consist of a written examination weighted 70% and an assessment center examination weighted 30%. In order to obtain a passing score, candidates must receive a minimum score of not less than seventy percent (70%) on each portion of the examination. (In the written portion only, passing may be other than an arithmetic 70%.) In keeping with the Civil Service Rules and Regulation for Police and Fire Employees, a score of less than 70% on either portion of the examination will result in failure of the entire examination 19

20 process. Only candidates who have passed the written test will compete in the assessment center. The written examination has a total weight of 70% and is comprised of two components: a multiple-choice exam worth 55% of the total written weight; and a take home writing component designed to assess candidate s preparedness for promotion weighted at 15% of the total written weight. Both components must be passed with a 70%; a score of less than 70% on either component will result in failure of the entire examination process. The written component will be read by the Chief of Police, or designee, and assessed by independent assessors. SENIORITY POINTS Candidates must successfully pass all portions of the examination to be eligible for seniority points calculated by multiplying the time-in-rank as a Police Officer by 0.25, not to exceed a maximum of five (5.0) points. SCOPE OF THE EXAMINATION The written and oral assessment examinations may include, but may not be limited to, the following areas: Principles and practices of employee supervision, including selection, training, work evaluation, and discipline; administrative practices and methods, including planning, delegation, and program implementation; practices and procedures of budget preparation and monitoring; and basic computer usage. A recommended reading list will be published on the promotional employment announcement. 3. That the Human Resources Department is hereby directed to give notice of said examination as required by the City Charter and the Rules and Regulations of this Commission. PASSED, APPROVED, and ADOPTED this 21st day of September ATTEST: PAMELA SLOAN, CHAIR CITY OF STOCKTON CIVIL SERVICE COMMISSION BRET HUNTER INTERIM SECRETARY TO THE CIVIL SERVICE COMMISSION By: 20

21 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR FINAL EXTENSION OF TWO-YEAR-OLD ELIGIBILITY LIST FOR PROPERTY CLERK (OPEN/PROMOTIONAL) RECOMMENDATION Approve by motion the final extension of the Miscellaneous Employee Eligibility List for Property Clerk (Open/Promotional). DISCUSSION The Property Clerk (Open/Promotional) eligible list was established on October 16, 2015, with one hundred sixty-two (162) names on the list. There are one hundred twenty-six (126) eligible names remaining on the list. At this time, we are asking for a final one-year extension. It is the practice of the Civil Service Commission to extend eligibility lists, unless the Personnel Officer recommends that such lists be abolished for reasons consistent with the principles of merit and good personnel administration. Having received no objections to the extension, the Property Clerk (Open/Promotional) eligible list with one hundred twenty-six (126) names remaining will be extended for one-year, to be effective from October 16, 2017 to October 16, AUTHORITY In accordance with Rule VI, Section 12 (b) of the Civil Service Rules and Regulations for Miscellaneous Employees - the period of eligibility for appointment from eligible lists shall be at the discretion of the Civil Service Commission, but shall not exceed three (3) years. City of Stockton Page 1 of 1 Printed on 9/14/2017 powered by Legistar 21

22 City of Stockton Legislation Text File #: , Version: 1 REQUEST A PUBLIC HEARING TO AMEND RULE I (DEFINITION OF TERMS) OF THE CIVIL SERVICE RULES AND REGULATIONS FOR MISCELLANEOUS EMPLOYEES, AND RULE I (DEFINITION OF TERMS), SECTION 5, OF THE CIVIL SERVICE RULES AND REGULATIONS FOR POLICE AND FIRE EMPLOYEES RECOMMENDATION Approve a motion to schedule a public hearing at the October 19, 2017 Civil Service Commission meeting to amend Rule I (Definition of Terms) of the Civil Service Rules and Regulations for Miscellaneous employees, and Rule I (Definition of Terms), Section 5, of the Civil Service Rules and Regulations for Police and Fire employees. DISCUSSION Currently, both the Civil Service Rules (Rules) for Miscellaneous employees and Police and Fire employees define the Personnel Officer as The City Manager of the City of Stockton. The Rules for Miscellaneous employees includes 45 references to Personnel Officer, and the Rules for Police and Fire employees includes 23 references to Personnel Officer. Human Resources (HR) staff has determined that the duties of the Personnel Officer are primarily administrative and routine in nature. The current Rules do not give the Personnel Officer the express authority to designate a representative to act on his or her behalf. As such, HR recommends amending the rules to define the Personnel Officer as The City Manager of the City of Stockton, or designee. Although, this recommendation will not affect the manner in which the Rules are currently administered based on existing practice, amending the Rules as recommended will codify the Personnel Officer s ability to effectively appoint a designee to act on his or her behalf. Attached, for your review, are the proposed Rule amendments for Miscellaneous employees (Attachment A) and Police and Fire employees (Attachment B). On August 17, 2017, HR provided a copy of the proposed rule amendments to the affected bargaining units, and there were no objections to the changes. AUTHORITY These changes are being proposed in accordance with Stockton Municipal Code Section (A), which states It shall be the duty of the Civil Service Commission to Establish Rules and Regulations: To adopt, amend, or repeal rules for the administration of the Civil Service System. City of Stockton Page 1 of 1 Printed on 9/14/2017 powered by Legistar 22

23 Attachment A CITY OF STOCKTON CIVIL SERVICE RULES AND REGULATIONS FOR MISCELLANEOUS EMPLOYEES Rule I DEFINITION OF TERMS Personnel Officer: The City Manager of the City of Stockton, or designee.. RULE II GENERAL PROVISIONS SEC. 3. ADOPTION, AMENDMENT OR REPEAL OF RULES: (a) Adoption of new rules, or amendment or repeal of an existing rule, shall require the submission in writing of the proposed action at a previous meeting of the Commission, either by the Personnel Officer or by a member of the Commission, and posting in accordance with section 4 of this rule. Rule III CIVIL SERVICE COMMISSION SEC. 3. HEARINGS AND INVESTIGATIONS: (a) Public Hearings. Hearings conducted by the Commission shall be public, unless the Commission by unanimous vote shall determine that a private hearing is necessary to secure all the facts in the case. Whenever such a finding is made, the Commission may limit attendance at the hearing to the members of the Commission, the Personnel Officer, the employee requesting the hearing, the officer or officers from whose action the appeal was taken, and such witnesses and other persons as the Commission may require to be present. Hearings and investigations that the Commission is authorized to conduct shall be conducted as a body, but special investigations and detailed work may be delegated to a single member or to the Personnel Officer. (c) Decisions. All decisions, opinions, and recommendations arising from a hearing or investigation by the Commission shall be written and subscribed to by the members concurring, and shall be counter-signed and filed as a permanent record by the Personnel Officer. Any member may submit a minority or supplemental report which shall be filed as a matter of record. (Amended by Resolution CS03-058, 08/07/03) Rule VI APPLICATION AND EXAMINATION SEC. 2. APPLICATIONS AND ELIGIBILITY REQUIREMENTS: (a) Form. Application shall be made on the forms provided by the Personnel Officer. Such forms shall require information covering training, education, experience, and other pertinent information, and may include a request for fingerprints. All applications must be completed and signed by the person applying. SEC. 5. CONDUCT OF EXAMINATION: The Personnel Officer shall conduct all examinations or shall designate some competent person or agency to conduct all or any part thereof or to participate therein, or to contract with any competent agency or individual to score examinations. The Personnel Officer shall arrange for the use of facilities and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto. (Amended by Resolutions CS03-063, 09/04/03; CS97-044, 5/1/97; CS ) SEC. 11. CONFIDENTIALITY OF EXAMINATION PAPERS; EFFECT OF VIOLATION: (a) Every participant s marking and papers shall be subject to inspection by the employing department head and the Personnel Officer and shall also be open to public inspection at the discretion of the Civil Service Commission. SEC. 12. ESTABLISHMENT, DURATION, AND REMOVAL OF NAMES FROM ELIGIBLE LISTS: (d) Abolition of Eligible Lists. Upon the recommendation of the Personnel Officer and with the approval of the Commission, an eligible list may be abolished prior to the expiration of three (3) years for reasons of 23

24 Attachment A inadequacy or other reasons consistent with the principles of merit and good personnel administration, provided that names appearing on the list by reason of layoffs shall remain effective for two (2) years from the date of the latest separation from the service. The right of a laid off employee to have his or her name remain on an eligible list for a comparable or lower class shall not be affected by the refusal or waiver of appointment to a position never held by such laid off employee. (d) Removal of Names From Eligible Lists. Upon the recommendation of the Personnel Officer and with the approval of the Commission, the name of an eligible may be removed from an eligible list in the event the eligible is certified to three (3) different vacancies and is not appointed or for reasons contained in section 3 of this rule. This subsection shall not apply to laid off employees, whose names shall remain on an eligible list for a comparable or lower class until such employee is appointed to the position or the twoyear period expires. Names of the eligibles shall also be removed by the Personnel Officer from the eligible list when the records of the Personnel Officer show: (1) That said eligible person has not passed a satisfactory physical or medical examination as shown by the report of the examining physician; (2) That, for any reason, the eligible person has been tendered employment and has not accepted the same; unless waiver of acceptance of employment has been granted by the Personnel Officer after written application has been made; or unless the eligible s name has been placed on the list as a result of layoff, in which event the eligible shall have the right to refuse appointment in accordance with subsection (d), above; SEC. 14. SPECIAL PROGRAM EXCEPTIONS: (c) Appointment Procedures; Transition to Regular Civil Service Status. Candidates hired by the City of Stockton under federal, state, or local grant programs, who have completed not less than six (6) months of satisfactory service as determined by recorded performance ratings and who have been certified by the Personnel Officer as qualified for designated classes, shall be considered an eligible within the meaning of section 8 of this rule. Separate eligibility lists shall be maintained for said employees and they shall be subject to removal from said eligibility list the same as any other eligible. Rule VII CERTIFICATION AND APPOINTMENT SEC. 3. CERTIFICATION FOR APPOINTMENT: (a) Eligible List Certification. In the event an appointing authority shall desire to fill a vacancy by original appointment, the Director of Human Resources, who is the designated representative of the Personnel Officer, shall certify the eligibles to the appointing authority in accordance with Rule VI, section 9(d). If there are less than 10 eligibles on the list, the entire list for that class may be certified. In the event of two (2) or more vacancies in one (1) class, the Director of Human Resources shall certify an additional name for each additional vacancy. (Amended by Resolution CS , 03/20/14) SEC. 5. TRANSFER: (c) Filling Vacancies. Probationary employees requesting transfer, reinstatement, or voluntary demotion shall fill vacancies in the originating department upon approval of the Personnel Officer. If there are no vacant positions in the originating department, employees may fill positions in other departments as set forth in subsection (b), above. SEC. 6. PROMOTION: (c ) Effect of Appeal. In the event an appeal is filed, no appointment to the position will be made until the Commission shall have completed its investigation of the matter and made its recommendation to the personnel officer. SEC. 7. REINSTATEMENT: (a) Reinstatement After Resignation. A regular employee who has resigned in good standing may, with the recommendation of the Personnel Officer and majority vote of the Civil Service Commission, be reinstated to a vacant position of the same class, or reinstated to a lower or comparable class for which the employee is qualified, within a period of two (2) years from the effective date of resignation. The Director of Human 24

25 Attachment A Resources or Chief Examiner shall determine whether the employee is qualified for a lower or comparable class, as follows: (b) Reinstatement After Release From Sworn Service Probation. A probationary employee who has resigned from the Miscellaneous Service after successfully completing six (6) months of probation, as evidenced by the performance evaluations conducted in accordance with these Rules, and who was subsequently certified for appointment to any entry-level position in the Police or Fire Department, may, upon the recommendation of the Personnel Officer and written request to and approval by the Commission, be reinstated to the Miscellaneous class previously held; provided, however, that the affected department head approves and there is a valid vacancy existing in the class. Probationary employees requesting reinstatement, upon approval of the Personnel Officer, shall first fill vacancies in the originating department SEC. 10. PROVISIONAL APPOINTMENT: (a) Eligible List. All provisional appointments shall first be offered to candidates on the appropriate eligible list. In the event an eligible list is not available or if there are no candidates willing to accept provisional appointment, any person meeting the minimum qualifications for the class and acceptable to the appointing authority may be appointed provisionally, upon approval of the Director of Human Resources, pending the qualification of applicants by other means. The initial appointment may be made by the appointing authority after approval by the Personnel Officer for a period of two (2) months; provided, however, that the Personnel Officer shall not appoint to any position any business or personal associate of an employee in the requesting department or any person related to any employee of the requesting department by blood or marriage within the third degree, except that the foregoing prohibition against nepotism may be waived by a vote of at least three (3) members of the Civil Service Commission if the Commission finds that the proposed appointment is in the interest of the classified service SEC. 11. EMERGENCY APPOINTMENT: In the event of an emergency threatening public life and property, such as could not be reasonably foreseen and anticipated by the appointing authority, the appointing authority may appoint such persons as are required to meet the needs of the situation. Such appointments shall not exceed fifteen (15) days, nor shall successive emergency appointments be made. Emergency appointments shall be reported promptly to the Personnel Officer. (Amended by Resolution CS03-068, 10/02/03) Rule VIII PROBATIONARY PERIOD AND PERFORMANCE EVALUATIONS SEC. 1. PROBATION: (b) Length of Probation. All original, transitional and promotional appointments shall be tentative and subject to a probationary period of not less than six (6) months. The probationary period may be extended only in those cases where the appointing authority and the Personnel Officer agree that due to specific and documented performance problems an additional period would be beneficial to the employee and the City. SEC. 3. REJECTION OF PROBATIONER: (c) Effect of Rejection From Sworn Service. Any employee who successfully completed six (6) months of probation in any class in the Miscellaneous Service and who is rejected from probation after being appointed to any entry-level position in the Police or Fire Department, may be reinstated to the Miscellaneous position previously held upon written request to and approval by the Commission. This provision shall not be effective unless there is a vacancy in the affected Miscellaneous class and the Personnel Officer approves the filling of such vacancy. (Amended by Resolution CS05-065, 05/19/05, adding (c)) Rule IX ATTENDANCE AND LEAVE SEC. 4. LEAVE OF ABSENCE: An appointing authority may, with the approval of the Personnel Officer, grant a regular employee leave of absence without pay not to exceed one (1) year, except as provided in section 3 of this rule. Leave without pay shall be granted only upon written request of the employee. Whenever granted, such leave shall be in writing and signed by the supervising official and the Personnel Officer. Upon expiration of a regularly approved leave without pay, the employee shall be reinstated to the position of a similar class held at the time leave was granted. Failure on the part 25

26 Attachment A of an employee on leave to report promptly at its expiration, or within a reasonable time after notice of return to duty, shall be deemed a resignation. (Amended by Resolution CS , 11/20/03) SEC. 5. HOURS OF WORK: Except as designated by the Personnel Officer, employees shall work a minimum of forty (40) hours per week. (Amended by Resolution CS03-083, 11/20/03) SEC. 6. ATTENDANCE: Every employee in the competitive service of the City of Stockton, under the provisions of Ordinance No of said City, shall be in regular attendance at his or her work or assigned duties for the City at the time prescribed by or for the department in which he or she is employed during the normal or regular days of employment each week, in accordance with the rules and provisions of the respective memorandum of understanding regarding hours of work, holidays and sick leave. The heads of all departments shall cause to be kept attendance records of the employees in competitive service, which shall be reported to the Personnel Officer in the form and on the dates specified. (Amended by Resolution CS03-083, 11/20/03) Rule X EMPLOYEE MORALE AND WELFARE The Commission or the Personnel Officer, separately or together, may upon request, investigate any situation relative to the morale and welfare of the employees in the competitive service, and may make such recommendations as they deem necessary to the appointing authority and to the City Council. (Amended by Resolution CS03-083, 11/20/03) Rule XI TRAINING OF EMPLOYEES SEC. 1. RESPONSIBILITY FOR TRAINING: Responsibility for developing training programs for employees shall be assumed jointly by the Commission, the Personnel Officer and supervising officials. Such training programs may include lectures, courses, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal officers and employees in the performance of their respective duties. (Amended by Resolution CS03-083, 11/20/03) SEC. 2. CREDIT FOR TRAINING: Employees who enroll in and successfully complete extension, correspondence, or other special training courses shall report to the Personnel Officer their actions and progress, and the Personnel Officer shall offer such advice and assistance as may be within his or her power. The successful completion of specialized training courses shall be noted in the employee s personnel file and shall be considered in making salary increase and promotions. (Amended by Resolution CS03-083, 11/20/03) Rule XII DISCIPLINARY ACTIONS SEC. 1. DEMOTION OR REDUCTION IN PAY: By filing a written statement of reasons with the Personnel Officer and the employee concerned, an appointing authority may demote a subordinate employee whose ability to perform the duties of the position falls below standard, for disciplinary purposes, or for any other good cause. (Amended by Resolution CS03-083, 11/20/03) SEC. 2. SUSPENSION: By filing a written statement of reasons with the Personnel Officer and the employee concerned, an appointing authority may suspend a subordinate employee without pay at any time for the good of the service, for a disciplinary purpose, or for any other just cause, including, but not limited to, insubordination, misconduct, or disobedience. Any persons so suspended may, within ten (10) days from the time of suspension, file with the Commission a written demand for an investigation, whereupon the Commission shall conduct such investigation. The investigation shall be confined to the determination of whether such suspension was made for political or religious reasons and whether it was made in good faith for cause. Unless dismissal action is brought as provided in these rules, such suspension shall not exceed thirty (30) work days nor shall any employee be penalized by suspension for more than thirty (30) work days in any fiscal year. (Amended by Resolutions CS03-083, 11/20/03; 6280, 6/6/85) 26

27 Attachment A SEC. 3. DISMISSAL: By filing immediately a written statement of reasons with the Personnel Officer and the employee concerned, an appointing authority may at any time dismiss a subordinate employee for the good of the service or just cause. The appointing authority may withdraw or modify the dismissal within ten (10) days after the date on which the original notice is filed. (Amended by Resolution CS03-083, 11/20/03) Rule XIII RESIGNATION SEC. 1. (a) Good Standing. An employee wishing to leave the competitive service of the City in good standing shall file with the appointing authority and the Personnel Officer, at least one (1) week before leaving, a written resignation stating the date it shall become effective and the reason for leaving. Failure to comply with this rule shall be entered on the service record of the employee and may be the cause of denying future employment by the City. (b) Voluntary Resignation. Every employee in the competitive service of the City of Stockton who shall absent him or herself from the daily work or assigned duties for the City, without a leave of absence from the Personnel Officer, for a period of two (2) consecutive work days, shall be deemed by such action to have voluntarily and permanently resigned from the position in the competitive service of the City of Stockton, and shall be deemed to have voluntarily and permanently severed and separated him or herself from the position in the competitive service of the City, and from the benefits of the Civil Service of the City of Stockton; and the position occupied by such employee shall be deemed vacant. (c )(1) Every employee in the competitive service of the City of Stockton who shall be absent from daily work or assigned duties for the City, without a leave of absence from the Personnel Officer, for more than four (4) work hours in any work day, shall be deemed guilty of misconduct, insubordination and disobedience in the discharge of duties for the City and shall be suspended by the Personnel Officer without pay for a period not exceeding the total number of days provided elsewhere in these rules for suspension. (2) Every employee in the competitive service of the City of Stockton who shall be absent from daily work or assigned duties for the City of Stockton, without leave of absence from the Personnel Officer for an aggregate of more than sixteen (16) work hours in any calendar month, shall be deemed to have voluntarily and permanently resigned from his or her position in the competitive service of the City of Stockton, and to have forfeited his or her position and classification therein, in the manner and with the same effect as provided in subdivision (b) hereof, and the position occupied shall be deemed vacant. (Amended by Resolution CS03-083, 11/20/03) Rule XV REPORTS AND RECORDS SEC. 2. CHANGE OF STATUS REPORT: Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed and receive prior approval before final action is taken. (Amended by Resolution CS03-089, 12/04/03) SEC. 3. DESTRUCTION OF RECORDS: Roster cards shall be kept permanently. All examination papers of miscellaneous employees for positions with the City of Stockton, concerning which there are not any legal proceedings commenced or pending, may be destroyed by the chief examiner and Personnel Officer of the City of Stockton, one (1) year or more after such examination is held, provided that the Personnel Officer shall maintain a file of one (1) sample examination paper from each examination. All other records relating to personnel, including correspondence, applications, and reports may be destroyed after three (3) years. (Amended by Resolution CS03-089, 12/04/03) g:\per\priv\_staff_\!workforce planning stuff\rule changes\csc - miscellaneous rules\definition of personnel officer - miscellaneous\personnel officer listed in civil service rules.docx 27

28 Attachment B CITY OF STOCKTON CIVIL SERVICE RULES AND REGULATIONS FOR POLICE AND FIRE EMPLOYEES Rule I DEFINITION OF TERMS SEC. 5. PERSONNEL OFFICER: The City Manager of the City of Stockton, or designee. Rule III CIVIL SERVICE COMMISSION SEC. 3. PUBLIC HEARINGS: Hearings and investigations that the Commission is authorized to conduct shall be public and shall be conducted as a body, but special investigations and detailed work may be delegated to a single member or to the Personnel Officer. The procedure of any hearing or investigation shall be informal and shall not be restricted so as to deny the introduction of any evidence that the Commission may deem pertinent. Unless incapacitated, a person pressing a claim or defending a privilege before the Commission shall appear personally and shall not be excused from answering questions and supplying information except upon claim of constitutional privilege in respect to selfincrimination. All decisions, opinions, and recommendations arising from a hearing or investigation by the Commission shall be written and subscribed to by the members concurring, and shall be countersigned and filed as a permanent record by the Personnel Officer. Any member may submit a minority or supplemental report which shall be filed as a matter of record. Rule IV CLASSIFICATION SEC. 1. PREPARATION OF PLAN: The Personnel Officer, or any agency selected for that purpose, shall ascertain and record the duties and responsibilities of all positions in the classified service and, after consultation with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the classified service defined by class specifications, including title, a description of typical duties and responsibilities of positions in each class, and a statement of minimum qualifications to be required of applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedule of compensation may be made to apply with equity under like working conditions to all positions in the same class. (Amended by Resolution CS ) SEC. 3. RIGHT OF APPEAL: After the classification plan has been adopted by the Commission, the personnel officer or an agency selected for that purpose shall allocate every position in the competitive service to one (1) of the classes established by the plan. Any employee shall have the right to appeal to the Commission concerning the allocation of his position in accordance with Section 3 of the civil service ordinance. (Amended by Resolution CS ) SEC. 4. MAINTENANCE OF PLAN: Whenever a change in organization, functions, or duties of an individual position makes necessary a revision of a class specification, the Personnel Officer, or any agency selected for that purpose, shall recommend to the Commission the new or revised class specification for the rank affected. The Commission shall hold a public hearing on the proposed new class specification or revision and shall incorporate the class specification into the position classification plan. Reclassification shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions. (Amended by Resolution CS ) Rule VI PROMOTIONAL EXAMINATIONS SEC. 11. TIMING OF NEW EXAMINATION FOLLOWING EXHAUSTION, EXPIRATION OR ABOLISHMENT OF PRIOR ELIGIBLE LIST: (a) Time of New Examination. In all cases where no reemployment list exists, and a police or fire promotional eligible list containing eligibles is due to expire, or the eligible list has been exhausted, or the Commission desires to abolish the eligible list, the timing of the new examination shall be determined by resolution of the Civil Service Commission upon request of the Personnel Officer. 28

29 Attachment B Rule VII CERTIFICATION AND APPOINTMENT SEC. 7. REINSTATEMENT, TRANSFER, AND VOLUNTARY DEMOTION OF PROBATIONARY EMPLOYEES: (c) Filling Vacancies. Probationary employees requesting transfer, reinstatement, or voluntary demotion, upon approval of the Personnel Officer, shall first fill vacancies in the originating department. If there are no vacant positions in the originating department, employees may fill positions in other departments as set forth in subsection (b), above. SEC. 8. APPOINTMENT: The appointing authority shall make the appointment from those persons certified, and shall immediately notify the Commission. The Personnel Officer shall notify the person appointed. If an appointee does not report for duty within the time prescribed by the appointing authority, he shall be deemed to have refused appointment. Rule VIII PROBATIONARY PERIOD SEC 1. GUIDELINES FOR IMPLEMENTATION: (e) Rejection of Probationer. During the probationary period an employee may be rejected at any time by the appointing authority for any cause without the right of review of any kind; except that a probationary Miscellaneous employee appointed to any entry-level sworn position in the Police or Fire Department in accordance with these Rules, who has successfully completed at least six (6) months of probation in a Miscellaneous class, in lieu of being released from probation, may be reinstated to the Miscellaneous class previously held upon recommendation of the affected department heads and a written request to and approval by the Commission. Employees reinstated pursuant to this provision shall be subject to a new probationary period designated for that class beginning on the first day of reinstatement. This provision shall not be effective unless there is a vacancy in the Miscellaneous class and the Personnel Officer approves the filling of such vacancy. (Amended by Resolutions CS10-021, 08/19/10; CS07-126, 09/20/07; CS07-071, 05/17/07; CS06-091, 08/03/06; CS06-030, 02/09/06; CS05-155, 11/17/05; CS05-065, 05/19/05; CS04-092, 09/02/04; CS04-078, 07/15/04; CS /19/01; 5795, 3/19/81; CS87-26, 3/19/87) Rule IX ATTENDANCE AND LEAVES SEC. 2. SICK LEAVE: (d) In order to receive compensation while absent on sick leave, the officer or member shall notify his immediate superior or the Chief of the department prior to the time set for beginning his daily duties or as may be specified by the Chief of his department. When absence from duties on account of sickness or disability is for more than five (5) days, said officer or member shall file with the Chief of his department and transmit to the personnel officer a certificate from a regularly certified physician, clearly specifying the character and nature of such sickness or disability, and probable duration of such sickness or disability. When absence from duties on account of sickness or disability is for more than four (4) hours the Chief may require the filing of said medical certificate for each day of sickness or disability. These medical certificates must be filed as often as required by the Chief of his department during the continuance of such sickness or disability, but in any event must be filed once each five (5) days. Upon approval of the Chief of their respective departments, a personal affidavit may be accepted in lieu of a physician s certificate. A refusal to submit a physician s certificate as herein required shall constitute good and sufficient cause for suspension, demotion or dismissal of said employee from the classified service of the City of Stockton SEC. 7. ATTENDANCE: Every employee in the classified service of the City of Stockton shall be in regular attendance at his work of assigned duties for the City at the time prescribed by or for the department in which he is employed during his normal or regular days of employment each week, in accordance with the rules regarding hours of work, holidays, and sick leave. The Chiefs of both departments shall cause to be kept attendance records of the employees in the classified service which shall be reported to the Personnel Officer in the form and on the dates he shall specify. 29