Chapter 3.04

CIVIL SERVICE RULES

Parts:

• 1 General Provisions 2 Definitions 3 Positions 4 Classification 5 Recruitment and Assessment 6 Eligible Lists and Disqualification 7 Filling of Vacancies 8 Transfers 9 Layoffs 10 Leaves of Absence 11 Disciplinary Action and Dismissal 12 Suspension, Demotion, Dismissal and Resignation

• 13 Residence Requirements 14 Medical Examinations 15 Notice Service and Filing 16 Miscellaneous Regulations

The provisions of this Chapter 3.04 shall apply to all offices, positions and employments in the civil service of the city, excepting those within the unclassified service as such unclassified service is defined in subsection (a) of Section 1101 of the Charter of the city, and excepting those mentioned in Section 1109 of such Charter. (Prior code § 2001.2; Ord. 26850.)

The director shall administer all provisions of the civil service rules not specifically reserved to the council, the commission, the city manager or other officer or officers.

(Prior code § 2001.3; Ord. 26850.)

The commission shall have all powers, functions and duties given to it by the Charter of the city, by the civil service rules, or by other act of council.

(Prior code § 2001.5; Ord. 26850.)

Part 1

GENERAL PROVISIONS

Sections:

• 3.04.010 Authority for chapter provisions.

• 3.04.020 Applicability.

• 3.04.030 Director - Administration authority.

• 3.04.040 Commission - Powers, functions and duties.

• 3.04.050 Commission - Secretary designated - Restrictions.

The council shall provide the commission with a secretary satisfactory to the commission; provided, however, that the head of any employee services department of the city shall not hold any secretarial, executive or administrative position under the direct jurisdiction of the civil service commission. Unless and until otherwise provided by the council, with the approval of the commission, the city clerk or a designated deputy shall serve as secretary of the commission. (Prior code § 2001.4; Ord. 26850.)

The provisions of this Chapter 3.04, Civil Service Rules, are adopted pursuant to the provisions of Sections 1101 and 1103 of the Charter of the City of San José. (Prior code § 2001.1; Ord. 26850.)

Part 2

DEFINITIONS

Sections:

• 3.04.165 Appointing authority.

• 3.04.166 Appropriate selection process, appropriate assessment.

• 3.04.167 Assessment.

• 3.04.168 Candidate, qualified candidate.

• 3.04.170 Classification (class).

• 3.04.180 Class consolidation.

• 3.04.190 Classify and reclassify.

• 3.04.200 Classification plan.

• 3.04.210 Class retitlement.

• 3.04.220 Class specification.

• 3.04.230 Class split-off.

have the meanings hereinafter specified unless it is apparent from the text that a different meaning is intended.

(Prior code § 2002.1; Ord. 26850.)

• A. "Allocate" and "allocation;" The assignment of a new position to its proper classification based on the duties performed and levels of responsibility.

• B. "Reallocate" and "reallocation;" The assignment of a position to a different and more appropriate classification than the one it is presently assigned to.

(Prior code § 2002.2; Ord. 26850.)

• 3.04.240 Commission.

• 3.04.250 Director.

• 3.04.260 Downgrade of position.

• 3.04.270 Full-time employee.

• 3.04.271 Internal recruitment.

• 3.04.272 Non-competitive appointment.

• 3.04.280 Open competitive recruitment.

• 3.04.290 Part-time employee.

• 3.04.300 Permanent employee.

• 3.04.310 Position.

• 3.04.330 Provisional employee - Sworn police and fire classifications.

• 3.04.331 Qualified group.

• 3.04.340 Recruitment.

• 3.04.350 Regular employee.

• 3.04.360 Series.

• 3.04.370 Temporary employee.

• 3.04.380 Upgrade of position.

• 3.04.381 Vacancy.

• 3.04.400 Y-rating, Y-rated.

For purposes of Chapter 3.04, words, phrases and terms defined in this part shall be deemed to

Any reference in this Chapter 3.04 to the appointing authority or to the city manager shall be deemed to refer to the city attorney as to all officers and employees whom he/she is empowered to appoint pursuant to city Charter Section 803.1; the city auditor as to all officers and employees whom she/he is empowered to appoint pursuant to city Charter Section 805.1; and to the city manager as to all other officers and employees; and to any other appointing authority as defined in the city Charter. (Ords. 20613, 26850.)

An "appropriate selection process" or "appropriate assessment" is any process approved by the director to be appropriate for determining which candidates are qualified for further consideration for appointment to a vacancy. (Ord. 26850.)

An "assessment" is any method authorized by the director for evaluating a job candidate's match or fit with the requirements of a vacancy. (Ord. 26850.)

T3:5

SAN JOSÉ CODE

A "candidate" or "qualified candidate" is an applicant who has been determined, through an appropriate assessment, to be qualified for consideration in a particular selection process for the position or class for which the applicant applied. (Ord. 26850.)

"Class" means a position or group of positions having duties and levels of responsibility sufficiently similar so that the same job title, qualification standards, and compensation may be applied. Each class shall be identified by a class title and class number, and shall include a class specification. (Prior code § 2002.3; Ord. 26850.)

"Class consolidation" means the grouping of the duties, functions and responsibilities of two or more classes into one class. Incumbents of positions in the classes consolidated may be appointed to the new class by the director of employee services, provided they meet the minimum qualifications.

3. Reallocating a position or positions into another class.

(Prior code § 2002.5; Ord. 26850.)

"Classification plan" is the document maintained by the director of employee services that lists each classification number and title for classes established, through provisions of this Code, for the city. This document is also known as the "City of San José Pay Plan."

(Prior code § 2002.7; Ord. 26850.)

"Class retitlement" means the change of the title of a class without change in the duties, functions or responsibilities. A class retitlement causes no change in the status of incumbents of the class. (Prior code § 2002.18; Ord. 26850.)

"Class specification" means the official description of a job classification, including the title, duties, responsibilities and qualification standards, as established by the director of employee services. (Prior code § 2002.4; Ord. 26850.)

(Prior code § 2002.19; Ord. 26850.)

• A. "Classify" means the establishment of a classification by:

  1. Defining and describing the duties, responsibilities, and functions performed by positions in the class;

  2. Designating a class title, number, and specification; and

  3. Allocating one or more positions to the class.

• B. "Reclassify" means:

  1. Discontinuing an existing class and reallocating the positions in it to another class; or

  2. Amending a class title, class number or class specification; or

"Class split-off" means division of the duties, functions and responsibilities of one class into two or more classes. An incumbent in the class divided may be appointed to one of the new classes by the director of employee services, provided the incumbent meets the minimum qualifications. (Prior code § 2002.20; Ord. 26850.)

"Commission" means the civil service commission of the City of San José. (Prior code § 2002.8; Ord. 26850.)

"Director" means the director of employee services, who is head of the employee services department of the city.

(Prior code § 2002.9; Ord. 26850.)

T3:6

PERSONNEL

To "downgrade a position" means to reallocate the position to a different class at a lower salary range, as a result of a reduction in the level of duties, functions and responsibilities of the position.

"Permanent employee" means an employee who has satisfactorily completed a period of probation, and whose continued employment has been approved by the appointing authority. (Prior code § 2002.13; Ord. 26850.)

(Prior code § 2002.21; Ord. 26850.)

"Full-time employee" means any employee assigned to a position for which the normal work week is forty hours, and for which such hours are not normally reduced except through provisions of other sections of this Chapter 3.04 or applicable memorandum of agreement (MOA). (Prior code § 2002.16; Ord. 26850.)

"Internal recruitment" means a recruitment, assessment and selection process that is limited to those applicants who are current, permanent city employees or who are eligible for reemployment. (Ord. 26850.)

A "non-competitive appointment" is a method of filling a position that is consistent with the merit principle but is an alternative to the city's standard recruitment process. Such appointments are subject to the approval of the director, and shall be based on established standards. (Ord. 26850.)

"Open competitive recruitment" means a recruitment for which all qualified applicants are allowed to compete and which is not restricted to current permanent employees of the city. (Prior code § 2002.26; Ord. 26850.)

"Part-time employee" means any employee who is not indefinitely assigned to a forty-hour work week and is not in a budgeted or authorized fulltime position. (Prior code § 2002.15; Ord. 26850.)

"Position" means a set of duties and responsibilities designed to be and normally performed by one person.

(Prior code § 2002.12; Ord. 26850.)

"Provisional employee" means a person appointed to fill a position temporarily in the classified service when no eligible list of applicants for such position exists, until such time as an appropriate eligible list is established from which a person can be hired to fill such position. Provisional appointments are made under the provisions of paragraph (6), subsection 1101(a) of the City Charter. To be provisionally appointed to a position, an employee must meet the minimum qualifications for the class to which the position is allocated. (Prior code § 2002.27; Ord. 26850.)

A "qualified group" is a group of candidates for a vacancy or class, each of whom has been determined through an appropriate assessment process to be qualified for further consideration by the hiring department for appointment to the vacancy or class.

(Ord. 26850.)

A "recruitment" is an outreach process to attract individuals to apply and compete for a vacancy. A recruitment is the city's standard practice for filling a vacancy, and requires posting of a job announcement and accepting of applications from all qualified persons or all qualified internal applicants.

(Ord. 26850.)

T3:7

SAN JOSÉ CODE

"Regular employee" means an employee who has qualified through appropriate selection process for appointment to the classified service and is serving either on a probationary or permanent status.

(Prior code § 2002.10; Ord. 26850.)

"Series" means two or more classes that perform the same type of work, differing only in levels of responsibility and compensation. Classes in the same series constitute steps in a narrow line of promotion.

(Prior code § 2002.14; Ord. 26850.)

"Temporary employee" means an employee who is employed and appointed in the classified service for a specified time, or pending the return of any employee from leave of absence, or for a period of time determinable by any future event that is certain to occur, but shall not be deemed to include, for purposes of Chapter 3.04, any person in the unclassified service, as defined in Section 1101(a) of the Charter. The entire period of time during which any temporary employee is employed by the city shall be regarded as a period of probation if such employee is appointed as a regular employee in the same position at the termination of his/her appointment as a temporary employee. The director shall establish competitive standards for filling temporary vacancies and for monitoring temporary appointments.

(Prior code § 2002.17; Ord. 26850.)

To "upgrade a position" means to reallocate a position to a different class at a higher salary range, as a result of an increase in the level of duties, functions and responsibilities of the position. (Prior code § 2002.22; Ord. 26850.)

A "vacancy" is a vacant position that has been approved by the appointing authority to be filled. (Ord. 26850.)

• A. "Y-rating" is the practice of temporarily paying an employee at the salary rate he/she received while formerly holding a position in a higher class. Y-rating shall be authorized by the director when a position has been downgraded (reallocated to a different class with a lower salary range).

• B. When a position is downgraded, if there is no salary rate available in the new class that is equal to the rate for the former class, the employee may continue to be paid the salary rate he/she received in the former class. The employee who is Y-rated will continue to receive this rate from the former class until the maximum salary rate for the new class is raised to an amount higher than the rate received from the former class. At that time, the Y-rating status will end and the employee will be paid the higher rate established for the new class.

• (Prior code § 2002.23; Ords. 18299, 26850.)