Sec. 149. - Rules.
The commission shall prescribe, amend and enforce rules for the classified service, shall keep minutes of its proceedings and records of its examinations and shall make investigations concerning the enforcement and effect of the civil service provisions and of the rules thereunder. The rules shall provide:
(a) For the classification and standardization of all positions in the classified service.
(b) For open competitive examination in the competitive class, to test the relative knowledge, skills, abilities and other characteristics of applicants for such positions. Employees of any public entity taken over by the city, who are in the service of said entity at the time of such acquisition, shall come under the provisions of the merit system without examination, but vacancies thereafter occurring in such service shall be filled from eligible lists in the manner herein provided.
(c) For public notice on the City website of all competitive examinations.
(d) For the creation of eligible lists upon which shall be entered the names of successful candidates in order of their standing in such examinations or tests.
(e) For the rejection of candidates or eligibles who fail to meet job related qualifications and standards, or who have attempted deception or fraud in connection with any examination.
(f) For the use of no more than three bands for each competitive eligible list, for the assignment of eligibles into bands based upon their test scores and for the certification to the appointing authority, from the appropriate eligible list to fill a vacancy in the competitive class.
(g) For provisional employment without examination, in the absence of an eligible list. But no such employment shall continue after the establishment of a suitable eligible list.
(h) For temporary employment not to exceed sixty days. No person shall receive more than one such appointment during any twelve-month period.
(i) For noncompetitive appointments to positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character. Also for noncompetitive appointments for certain unskilled job categories where it is impracticable to determine the merit and fitness of applicants by competitive examinations.
(j) For promotion based on competitive examinations and demonstrated knowledge, skills, abilities, seniority, and other characteristics associated with such positions. Lists shall be created and promotions made therefrom of candidates in the same manner as in original appointments; provided that for promotional vacancies in the uniformed ranks of the Police and Fire Divisions, each promotional vacancy shall be filled from one of the three persons standing highest on the appropriate eligible list; and further provided, that any advancement in the uniformed ranks shall constitute promotion and, whenever practicable, vacancies in the uniformed ranks shall be filled by promotion.
(k) For transfer from a position to a similar position in the same class and grade and for reinstatement on the eligible list within three years of persons who, without fault or delinquency on their part, are separated from the service or reduced in rank.
(l) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty days at any one time.
(m) For discharge or reduction in rank or compensation, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard. The reason for such discharge or reduction and any reply in writing thereto by such employee shall be filed with the commission.
(n) For investigating and keeping a record of the efficiency of officers and employees in the classified service, and for requiring markings and reports relative thereto from appointing officers.
(o) For a probationary period of not less than 90 days or more than one year following appointment, unless associated with a formal training program. Time served as a provisional employee in the same position shall be included in the designated probationary period, and the probationary period shall be uniform within the same class. There shall be no probationary period for an appointment resulting from a competitive, promotional examination for the uniformed ranks of the Police and Fire Divisions. The probationary period shall be considered a part of the selection process as a work test period. No appointment shall be permanent until after appointment from a certification list and expiration of the probationary period. The service of any probationary employee may be terminated by the appointing authority at any time during the probationary period or at the end of the probationary period by submitting a written report to the commission and the employee specifying the reason the employee is found to be unsatisfactory and such removal shall be final. Failure to make such report to the commission prior to the expiration of the probationary period shall automatically make the appointment permanent. An employee removed by the appointing authority during or at the end of the probationary period may be restored to the eligible list if the commission determines the employee would be suitable for appointment to another position. There shall be no appeal of any kind from the action of the appointing authority removing an employee during or at the end of the probationary period.
(p) For the publication of the rules and amendments thereto in the City Bulletin. The commission shall adopt such other rules, not inconsistent with the provisions of this section, as may be necessary and proper for the enforcement of the merit system.
(q) For certifying as a permanent appointee, any employee in provisional status on July 16, 1994, who on or before July 16, 1996, has successfully completed two years of service in the same civil service class if no competitive examination has been administered for the civil service class during the two year period. The rule provided for under this paragraph (q) shall not apply to or affect any position in a civil service class in the uniformed ranks of the Divisions of Fire or Police.
(r) For the establishment of a veterans' preference credit for qualified veterans seeking employment in the open competitive class of the civil service of the City.
(Amended 11-8-94; 11-3-98; Ord. No. 1747-2014, 7-21-2014; Ord. No. 2199-2022, § 2, 7-25-2022)
