Non-competitive appointments.
San José Municipal Code § 3.04.930
in effect3.04.930 - Non-competitive appointments.
A. As an alternative to the city's standard (competitive) recruitment process, and under policies and standards established by the director, a position may be filled through merit-based, non-competitive selection processes. All non-competitive recruitment processes and appointments must be approved by the director.
1. Circumstances that require a non-competitive appointment include:
a. Cessation of eligibility for disability retirement benefits under any retirement plan of the city and eligibility for reemployment;
b. Return to former class due to inability to successfully complete probation for a promotion;
c. Reallocation of an occupied position;
d. Return from unclassified service (as provided by Charter Section 1105), if the employee has not been guilty of infamous, disgraceful or dishonest conduct;
e. Reinstatement of employees who have been laid off.
2. Circumstances allowing for but not requiring a non-competitive appointment may include, but are not limited to:
a. Reemployment within three years of a positive separation from the city, if the employee had permanent status;
b. Voluntary demotion;
c. Return to former class, except where separation from the previous class was based on a disciplinary demotion or dismissal;
d. Promotion in a flexibly-staffed position;
e. Transfers;
f. Modified duty placement;
g. Appointments to meet the needs of the city as determined by the director.
B. The director shall report to the commission the number and type of non-competitive appointments at each regular commission meeting.
(Ord. 26850.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IPERE_CH3.04CISERU_PT7FIVA_3.04.930NMPAPFetched: 11/1/2026