3.04.780 - Promotion eligible list - Sworn police and fire classifications.
A. Resolution of tie scores. If two or more eligibles have identical final scores for purposes of determining eligibility, they shall be ranked upon the eligible list in order of their respective scores in that portion of the examination which has the greatest weight; and thereafter, if two or more eligibles have identical scores, they shall be ranked upon a promotion eligible list according to aggregate full-time service, which shall not be deemed to include, in the case of any employee who has resigned or been discharged and subsequently rehired, any full-time service prior to such resignation or discharge.
B. Duration of lists. The names of persons in sworn police and fire classifications who have met the requirements for eligibility shall be placed on an appropriate promotion eligibility list and shall remain thereon for a period of two years from the date of placement on the list, unless removed for cause as provided in these rules. The director may extend or continue the eligibility of such persons for six months at a time, up to a maximum of three years from the original date of such eligibility.
C. Merging of names on lists. When in the opinion of the director, it becomes necessary or desirable to hold an examination while there still remain names on a Police or Fire promotion eligible list, the director shall hold such examination and shall consolidate or merge names for the same class by rearranging the eligible names in the order of their final scores. Any person whose name appears on an existing eligible list shall have an opportunity to compete in the subsequent examination, provided he/she meets the requirements for said examination, and if he/she so elects, his/her standing on the eligible list shall be determined by either of the two scores secured by him/her on the two examinations at his/her election; but if he/she elects the score on the earlier examination his/her name shall not remain on the eligible list for a longer period of time than would have been the case but for such merger or consolidation of the lists.
D. Removal of names from lists. Names of eligibles shall be removed or withheld from certification from any eligible list by the director for any of the following reasons:
1. Inability of postal authorities to deliver mail to the eligible within a reasonable time;
2. Conviction of a felony if related to the duties of the position and the ability to perform the job, or conviction of a misdemeanor involving moral turpitude if related to the duties of the position and the ability to perform the job. With regards to peace officers, conviction of a felony is automatically disqualifying under state law;
3. Proof of fraud or false statements in the application, or proof of fraudulent conduct in connection with an examination;
4. Appointment to a position in the class for which the eligible list was established, or for which the list is deemed suitable by the director;
5. Waiver by applicant of three offers of appointments, except this shall not apply to offers of temporary appointments;
6. Waiver by applicant on three occasions of interviews after certification on an eligible list, except that this shall not apply to temporary appointments;
7. Eligible's request to be removed, death of the eligible, or, resignation from the service by an eligible;
8. Failure to appear or to arrange for an interview with an appointing authority within seven days after notification of certification, or failure to appear for work after appointment;
9. Declination of an appointment without reason satisfactory to the director;
10. Request for waiver of certification determined to be capricious or unfounded by the director;
11. Failure of the eligible to meet medical standards required to be met by applicants for employment in the applicable classification of positions;
12. For other reasonable cause.
E. Appeal of removal from list. Any person whose name is removed from an eligible list for any such reason, except those reasons set out in paragraphs 4 and 7 above, may within thirty calendar days after such notice of removal was placed in the mail, appeal in writing to the commission to have such person's name replaced on the list. If it finds that there is a good cause therefor, the commission may order replacement of such person's name on the list; provided however, that if a person's name has been removed from an eligible list due to failure to satisfy either a background standard or psychological standard, then such person's name shall not be replaced on the eligible list unless the commission determines that there was not substantial evidence to support the decision of the director in removing or withholding said person's name from the eligible list. Notice need not be mailed or otherwise given following removal of any name from an eligible list for any of the reasons set out in paragraphs 4 and 7 above.
F. Number of names to be certified as available for appointment.
1. Except as otherwise hereinafter provided, when one vacancy is to be filled, the director shall certify as available for appointment thereto the names of ten eligibles standing highest on the applicable list of eligibles, or if there are less than ten available, the names of such lesser number of eligibles. The city manager may appoint any one of said ten eligibles to fill said vacancy, or if less than ten are certified as available, he/she may either appoint one of said lesser number to fill the vacancy, or request the director to administer a new examination for the purpose of increasing the number of available eligibles from which the city manager may select a person to fill such vacancy. In the latter event, the director shall give such examination for the purpose of increasing the number of available eligibles.
2. When more than one vacancy is to be filled, the director shall certify as available for appointment to such vacancies the names of eligibles standing highest on the applicable list of eligibles equal in number to the number of vacancies to be filled and ten more in addition thereto, or if there are less than such number available, the names of such lesser number of eligibles. The city manager may appoint any of said eligibles so certified as available to fill any of said positions; also, if the number of names certified to him/her is less than the number of vacancies plus ten, he/she may request the director to administer a new examination for the purpose of increasing the number of available eligibles, from which he/she may select persons to fill said vacancies, to the number of vacancies plus ten. In the latter event, the director shall give such examination to increase the number of available eligibles.
G. Removal and restoration of names from lists following resignation. Names of eligibles shall be removed from any promotion eligible list by the director upon the effective date of any resignation of any such eligible. Upon reemployment pursuant to Section 3.04.1530, a former employee shall have his/her name restored to any promotion eligible list from which it was removed at the time of resignation in the position thereon that it would have occupied but for such resignation, if such eligible list has not expired prior to such reemployment.
(Prior code § 2006.12) (Prior code §§ 2006.4, 2006.9; Ords. 19711, 20669, 20955, 21684, 22384, 26850.)
