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ORDINANCE NO.. 2/'../1L'Q
~ I
AN ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING THE CIVIL
SERVICE RULES & REGULATIONS OF THE CIVIL SERVICE BOARD; PROVIDING
PENALTIES FOR THE VIOLATION OF CIVIL SERVICE PROVISIONS; AND RE-
PEALING ORDINANCES NOS. 2020, 2128, 2149, AND 2151 AND AMENDMENTS
THERgTO. .
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION ONE: The Civil Service Rules and Regulations of the
Civil Service Board of the City of San Bernardino, duly adopted by
said Board on November 20, 1959, being Rules 100 - 608 inclusive,
and amendments adopted subsequent thereto, each and every Rule and
Regulation being on file in the Office of the City Clerk of the
City of San Bernardino, are hereby approved.
SECTION TWO: Any officer or employee of the City who shall
willfully do any of the acts prohibited by, or who shall fail to do
any of the acts required by, or who shall in any other way violate,
any provision of Sections 246 through 261 of the Charter, of these
Civil Service Rules and Regulations, or of any order relating to
personnel duly made by the Civil Service Board, the appointing
power, or the Mayor and Common Council, shall be subject to dis-
ciplinary action appropriate to his status or as may be determined
by the Civil Service Board.
SECTION THREE: Ordinances No. 2020, 2128, 2149 and 2151 and
amendments thereto are hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted
by the Mayor and Common Council of the City of San Bernardino at ~
meeting thereof, held on the
, 1962, by the following vote, to
wit:
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, '/;' L--- ...f
ABSENT: ;!?$-;1ZL---
AYES:
NOES:
~.If.e' 4&.._
ity berk
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foregoing Ordinance is hereby approved thi&=-1 fL'# day of
1962.
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Approved as to form:
7
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~ 4.,<tA~/ J
or o~e ~ty 0 San Bernardino
IJ?~~.~~~
y ttorney
30 FIt..ED
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JUL 2 .~ 1002
~~::
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CIVIL SERVICE
RULES AND REGULATIONS
FOR THE CLASSIFIED SERVICE
CITY OF SAN BERNARDINO, CALIFORNIA
.
TABLE OF CONTENTS
CHAPl'ER PAGE
I Definition of Terms 1
II Rules Affecting the Organization and Operating 3
Procedures of the Civil Service Board
III Rules Affecting Applicants and Candidates 5
. IV Rules Affecting Eligible Lists and Eligibles 9
V Rules Affecting Employees 13
VI General Rules 18
.
RESOLUTION NO. CS-5
A RESOLUTION OF THE CIVIL SERVICE BOARD OF THE CITY OF SAN
BERNARDINO ADOPTING CIVIL SERVICE RULES AND REGULATIONS FOR THE
CLASSIFIED SERVICE OF THE CITY OF SAN BERNARDINOL_CALIFORNI~..AND
REPEALING CIVIL SERVICE RULES AND REGULATIONS CIT! OF SAN B~ARDINO
CALIFORNIA
BE IT RESOLVED BY THE CIVIL SERVICE BOARD AS FOLLOWS:
.
SECTION ONE: 'Civil Service Rules and 'Regulations' for the
Classified Service, City of San Bernardino, California, Rules 100
to 6Oe, inclusive, a copy of which is attached hereto and labelled
Exhibit "A", be the sSJlle hereby are adopted.
SECTION TWO:' Present CiTil Service Rules'and Regulations, City
of San Bernardino, California, Rules I to XXII, inclusive, are
hereby repealed.
SECTION THREE: Resolution No. CS-3 of the Civil Service Board
of the City of San Bernardino is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Civil Service Board of the City of'San Bernardino at a meet-
ing held on the 20th day of November 1959.
AYES:
THOMAS E. JONES
O. Vi. SECCOMBE, SR.
LYrMN G. ~MRSHALL
GORDON FIELDS
HARRY E. REYNOLDS
/s/
/s/
/s/
/s/
.
NOES:
None
/s/ THERESA M. LATIlmn
------
Chief Examiner & Secretary
The foregoing Resolution is hereby approved this 20th day of
November 1959.
/ s/ THmfAS E. JONES
Chairman
.
.
CIVIL SERVICE RULES AND REGULATIONS FOR THE
CLASSIFIED SERVICE, CITY OF SAN BERNARDINO,
CALIFORNIA
CHAPTER I
DEFINITION OF TERMS
Rule 100. Definition of terms. For the purpose of these rules,
certain words and phrases shall be construed as herein set forth
unless it is apparent from the context that a different meaning is
intended.
Rule 101. "Allocation" means the placing of a position in its
proper class based'upon duties performed and authority and responsi-
bilities exercised.
Rule 102. "Appointmentfl means the designation of a person by due
authority to become an employee in a position and his induction into
employme~t in such position, as provided in these rules.
Rule 103. IIAppointing power" means the officers of the City who as
individuals, or as a commission or Common Council, have the final
authority to make the appointment to a position to be filled.
Rule 104. IIBoard" means the Civil Service Board established by the
City Charter.
Rule 105. 'f1Charter" means the City Charter of the City of San
Bernardino.
Rule 106. "City" means the City of San Bernardino, California.
Rule'l07. f1Class" means a group of positions enough alike in du-
ties, 'authority and responsibility to permit grouping under a'~n
title, and the 'use of common standards of selection, transfer, pro-
motion and pay.
Rule 108. IIClassified servicell means all positions and employments
in the City which are not specifically included in the unclassified
service ?y the Charter.
Rule 109. IICompetitive c1assll has the meaning given it by Section
248 of the Charter.
Rule 110. f1Council" means the Common Council of the City of San
Bernardino.
Rule 111. IIDemotion" means a change in employment status from one
class to.another class having a substantially lower range of pay.
Rule 112. IIDepartment Head" means the person designated by lawful
authority to direct the activity of a department or other recog-
nized separate office or agency of the City government.
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Rule. l13~ "Eligible" means a person whose name is on a re-employ_
ment list, promotional list or eligible list and who is not ineligi-
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ble for appointment for any reason.
Rule 114. "Eligible list" means a list of persons who have qualified
for appointment to any position in a class in the classified servic~
listed in the order provided in these rules, subject to the prefer-
ential provisions of Section 249 of the Charter.
Rule 115. "Emergency employee" means an employee whose services
are required in case of an emergency not exceeding 15 days.
Rule 116. "Examination" means a test or group of tests and evalu-
ations used to determine the eligibility and rank candidates for
employment in a class.
Rule 117. "I.abor Class" has the meaning given it by Section 248 of
the Charter.
Rule 118. "Permanent position:t means any position in the classified
service which requires or is likely to require the service of an
incumbent without interruption for an indefinite period exceeding
six months.
Rule 119. "Position" means any office or employment in the classi-
fied ser~ice, whether occupied or vacant.
Rule 120. "Probation period" means a working test period not to
exceed six months, during which an employee is required to demon-
strate his fitness for the class to which he is appointed by actual
performance of the duties of his position.
Rule 121. "Probationary status" means the status of any employee
who has been regularly appointed from an eligible list but who has
not completed the probationary period provided in these rules.
Rule 122. "Probationer" means an employee who has probationary
status.
. Rule 123. "Promotion" means a change in employment status from one
class to another class with a substantially higher range of pay.
Rule 12/.. "Promotional examination:t means an examination in which
competition is limited to regular employees in specified lower
classes in the classified service.
Rule 125. "Promotional list:t means an eligible list resulting from
a promotional examination.
Rule 126. "Provisional employee" means an employee who has pro-
visional status.
Rule 127. "Provisional status" applies to an employee who has been
appointed to fill a position for which no eligible list exists and
which is limited as prescribed in these rules.
Rule 128. "Re-employment list" means a list of permanent or pro-
bationary employees who have been laid off for lack of work, lack of
funds or other causes not involving fault or delinquency on their
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part, or who have resigned and have been permitted to withdraw their
resignations to permit their re-employment.
Rule 129. "Regular employee" means an employee who has successfully
completed his probationary period and has been retained as provided
in these rules.
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Rule 130. "Seasonal t'osition" means a full-time or part-time positicn
that requires or is 11kely to re~uire the services of an incumbent
during certain parts of the year, or recurring annually, or at other
periods.
Rule 131. "Suspension" means the temporary separation of an employee
from the service without pay for disciplinary purposes.
Rule 132. "Temporary position" means any position in the'classified
service which requires services for a limited period only, or a
permanent position which can be filled only on a temporary basis
pending the return of a regularly appointed employee who is on
authorized leave.
Rule 133. "Test" means any written, oral, performance or physical
exercise or any appraisal of training! experience, work history or
other means by which the relative qua ifications of applicants are
evaluated for the purpose of determining their rank on an eligible
list.
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Rule 134. "Transfer" means a change of an employee from one positial
to another position in the same class or in another class having
similar duties, essentially the same range of pay and similar
employment standards.
Rule 135. "Uncompetitive class" has the meaning given it by Section
24$ of the Charter.
Rule 136. When words "Officer", "Employee", "Employees", "Appointse'~
or "Service" appear herein, they shall be deemed to refer to the
classified service unless otherwise indicated.
Rule 137. When the word "Personnel" or "City Personnel" appear
herein, they shall be deemed to refer and be limited to the "Civil
Service Program" only.
CHAPTER II
RULES AFFECTING THE ORGANIZATION AND OPERATING
PROCEDURES OF THE CIVIL SERVICE BOARD
Rule 200. Election of Officers. The Board shall annually elect one
of its members chairman and one as vice-chairman. The Board shall
appoint a Chief Examiner to service at the pleasure of-the Board,
who shall perform the duties prescribed by the Charter, by these
rules or by appropriate action of the Civil Service Board or the
Mayor and Council.
Rule 201. Time and Place of Meetin: uorum. The Board shall
establish an announce a ixed schedule of regular meetings to be
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held not less than once each month, and may hold special meetings at
the call of the Chairman or a majority of the members of the Board.
A majority of the members of the Board shall constitute a quorum and
except for the rendering of decisions in disciplinary cases, the
amendment of these rules or the election of officers, a majority of
the quorum may transact the business of the Board.
Rule 202. General Delegation to Chief Examiner. Subject to the
provisions of the Charter and of these rules, the Board hereby de-
legates to the Chief Examiner the authority to administer the Civil
Service program herein provided. Any action of the Chief Examiner
taken as agent for the Board may be appealed to the Board within 10
days after its effective date.
Rule 20). Duties of the Chief Examiner. Subject to the provisions
of Rule 202, and under the general supervision of the Board, the
Chief Examiner shall plan and direct the staff engaged in adminis-
tration of the City's Civil Service Program; shall maintain all
necessary records relevant thereto; shall determine from the depart-
ment heads the ways in which the personnel program can better serve
their needs and recommend appropriate actions to the Board; and
perform other duties generally consistent with his position as may
be assigned by the Board.
Rule 204. Reports and Records. The Chief Examiner shall require and
render such reports and keep such records as he finds necessary to
administer the Civil Service system, including but not limited to
the reports and records required by Rules 204.1 through 204.4.
Rule 204.1. Roster of Employees. The Chief Examiner shall maintain
a record for each employee in the Classified eivil Service of the
City showing the name, title of position held, the department to
which assigned, changes in employment status and such other infor-
mation as may be found pertinent to provide a complete record of
employment.
. Rule 204.2. Re~orts of Changes. The Chief Examiner shall prescribe
methods by wh~c appointing powers will inform him of every appoint-
ment, transfer, promotion, demotion, and other temporary or perma-
nent changes in the status of employees which are necessary to
maintain a full and accurate record of employment and to insure
observance of Charter provisions and of these rules.
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Rule 204.3. Confidential Nature of Records. All Civil Service
records shall be considered confidential in nature and may be made
available to apPlicantsi candidates and employees, and to appointing
powers or the public on y for limited purposes and in accordance
with specific procedures to be established by the Board on recom-
mendation of the Chief Examiner.
Rule 204.4. Destruction of Records. The permanent or temporary
records of the Board shall be preserved but may be destroyed by the
Chief Examiner with the consent of the Board and the City Attorney
under the terms and conditions prescribed by law.
Rule 205. The Competitive Class. All positions in the classified
service shall be regarded as being in the competitive class, as that
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term is defined in Section 21;.8 of t L'? Cha:-t8r, unle ss the Board,
after considering the recmmnendatio:, of the departmcnl:. n8ad affected
and' the Chief Bxaminer, s\.all r1e-:-.e~rnine that a""y pos;:t,ion shall
either temporarily or perman';n1Jly be pl.aced in the uw:ompetitive
class or the labor class as~.hos'3 tS.(';j,d are defined in Section 248
of the Charter. The reasons supporting such ::-ecommendat,ions and the
findingS and decisions of the Board shail be enteL'ed fully upon its
minutes.
CHAPTEJL III
RULES AFFECTING APPLICANTS AND CANDIDATES
Rule 300. Announcement of Examinations. All examinations for cl~s
in the classified serVlce shall be announced on official bulletin
boards and in such other manner as the Chief Examiner finds advis-
able and necessary to attract qualified candidates. Such announce-
ments shall be made sufficiently in advance of the time lor the last
receipt of applications that qualified candidates can be fully in~
formed and have ample opportunity to submit their applications. The
official bulletin shall specify the title and pay range for the
class for which the examination is announced; the nature of the work
to be performed; qualifications require,I; the time, place and manner
of making application; the general scope of the examination; the
relative weights to be given to its several parts and other pertinero.
information.
Rule 301. General Requirements. The Chief Examiner may recommend
and the Board may establisn-age and other general requirements
appropriate to each class for which examinations'are held. Unless
particularly limited by the nature of the duties, no examination
shall be closed to either sex. All applicants must be citizens of
the United States, and unless'the requirement is waived to obtain
suitable Qualified candidates, applicants must be r9si~ents of the
city or of an area for which proceedings are actively underway to
annex to the city.
Rule 302. Medical and Physical Standards. In the abs811_'8 cf any
more specific requirement, aJ:lc'~didates in examinati0~s must be
able to demonstrate that they are in good health and ~Jhys:;.~.ally able
to perform all of the duties of t.he class to which they StJelt appoint.
ment. The Board, after considering the recommendation of the Chief
Examiner and of the department heads affected, may presc!'i~)e for
particular examinations any more specific standards of hca:th,
height, weight, strength, agility or other standards of medical and
physical fitness that it finds appropriate to insure t::&1:; those
appointed will be fully able to discharge the dut.ies or the positio~
and to safegard against inj~ry on the job. Such st~ndards when
established, shall be included in the announcement of the examination.
Rule 303. Other Entrance ReguiTements. The Board afto! considering
the recommendation of the Ch~ef Examiner and of the depQ~tment heads
concerned, may establish such other specific requirements of educa-
tion, experience, posS8ssion of licenses or certificatcG or o~her
standards or evidences of proficiency which it finds nasirable to
establish that applicants are fully qualified to perform the duties
of the class.
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Rule 304. Ap~lications. Applications for examination shall be made
on forms prov1ded by the Chief Examiner. Such forms shall require
information concerning experience, training and other pertinent in-
formation required by the announcement of the examination, and may
require fingerprinting. All applications must be signed by the
person applying, such signature to be affixed to a certificate under
penalty of perjury that all statements contained in the application
are true. Applicants who desire to apply for veterans' preference
or any other special preference or credit which may be allowed by
Charter or these rules shall submit prodf of eligibility therefor at
the time of filing application, in such form as the Chief Examiner
may prescribe. Unless otherwise provided by the Boardi no applica-
tion will be considered in a particular examination un ess it is
filed between the time the examination is announced and the hour and
date announced as the closing time for such applications.
Rule 305. Qualification and Disqualifications. The Chief Examiner
shall approve an application and admit the applicant to the exam-
ination whenever it appears that the applicant meets the require-
ments announced for admission to the examination. Such acceptance
of the application shall not, however, prevent the subsequent dis-
qualification of the candidate on a later finding that he does not
meet some essential requirement. The Chief Examiner shall reject
any application which indicates on its face that the applicant does
not possess the minimum qualifications required by the announcement
of the examination, or if it is obvious that he is physically unfit
for the performance of the duties of the class. Rejected applica-
tions may subsequently be accepted on a showing by the applicant
that he does possess the necessary qualifications, provided that
such showing is made before the date of examination. An application
may be rejected on the finding by the Chief Examiner that the appli-
cant is addicted to the habitual excessive use of drugs or intoxi-
cating liquors, or has been convicted of a crime involving moral
turpitude; or has willfully made any false statements of any mater-
ial facts, or has practiced or attempted to practice any deception
of fraud in his application. Notice of the rejection of an appli-
cation, with the reason therefore, shall be mailed to the applicant.
Rule 306. Time and Place of Examination. The Chief Examiner shall
notify each person whose application is accepted of the time and
place of examination, and shall require presentation of such notice
at the time of examination as an evidence of authorization to par-
ticipate. The Chief Examiner or any person designated by him to
conduct the examination may recuire evidence that the person pre-
senting such authorization is in fact the person to whom it was
issued.
Rule 307. Participation in Tests. No person may participate in
any phase of an examination unless his application shall have been
accepted, and unless at each stage of the examination he shall have
passed with the re~uired grade any preceding stages of the examina-
tion. Admission to subsequent stages of the examination shall not
bar the disqualification of the candidate in earlier stages or the
rejection of his application in the event of adverse information
later coming to the attention of the Chief Examiner.
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Rule 308. Content of Examinat.ic>:q, A 3 the Board, after' considering
the recommendations of the Chief Examiner may determine, examina-
tions may consist of written, oral, performance, or physical tests
or any combination thereof, or any other forms or methods of eval-
uation which will test fairly the qualifications of applicants for
a given class of employment. Examinations may include but are not
necessarily limited to the tests set forth in Rules 308.1 through
308.6.
Rule 308.1; Written Test. A written test may be used to measure the
knowledges, abilities, judgments, aptitudes or alertness of candi-
dates, insofar as such traits are related to ability to perform the
work in the class for which the examination is being held.
Rule 308.2. Oral Test. An oral test may be used to evaluate the
personal fitness, the experience the training and the knowledge
capacity and judgment of candidates. In considering personal fit-
ness it shall be appropriate to evaluate pertinent personality
traits, but such evaluation shall be done on a basis which is as
competit~ve as possible.
Rule 308.3. Performance 'Test. A performance test may be used to
rate candidates on speed, accuracy or other standards of performance
in an actual demonstration of samples of work of the class.
Rule 308.4. Medical Test. An examination by a competent examining
physician may be required of any candidate before or immediately
after certification for appointment. The Board may establish dif-
ferent physical or medical standards for different types of work.
Rule 308.5. Physical Test. A physical test may consist'of com-
petitive exercises or events designed to measure agility, strenght,
coordination or general physical fitness. Such tests shall be in
addition to the medical test.
Rule 308.6. Experience and Training. Competitive evaluation may
be made of the relevance, level, recency, progression and quality
of experience and education offered by candidates. This may be
done as a part of an'oral test 0r by a'review of records submitted.
Reports of superiors, former emPloyerSi educational institutions
and acquaintances, as well'as the resu ts of investigations, may be
considered in this process.
Rule 309. Waiver of Disability. Before any applicant is permitted
to participate'1n any part or a test which might expose him to the
risk of injury, he shall be re~uired to sign a waiver of liability
by the city for any injury. The waiver ,to be in a form prescribed
by the Board and approved by the City Attorney. Refusal to sign
such waiver shall disqualify the applicant.
Rule '310. Conduct of Examination. Chief'Examiner shall be respo~'
ible for the conduct of all examinations. He shall arrange for
the use of public buildings and e~uipment for the conduct of tests
and shall render or secure such assistance as shall be reouired in
connection with the test, including the selection, appointment and
use of boards of special examiners when deemed desirable by him in
any phase of the testing process subject to lawful approval for the
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expenditure of any fund. Members of such boards, if present city
officers or employees, may serve without additional compensation,
otherwise, such special examiners may be paid their reasonable ex-
pense and/or a daily fee at rates to be recommended by the Board
subject to the approval of the Mayor and Com'C2on Council, The ex-
amination papers of candidates in written tests shall be identified
by number or in any other manner which will conceal the identity of
candidates until the scoring has been completed. The Chief Examiner
shall so donduct examinations that equal and'competitive conditions
are maintained as far as reasonably possible, and in that connection
may dis~ualify and reject candidates for any of the following
reasons.
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a. Possession in the examination room of any paper, book
or memorandum or of anything else which might be of
use or assistance in the examination, other than
materials which,candidates have been directed to use.
b. Willfnl copying, looking over'the work of other candi-
dates, or attempting to do so, or permitting any candi-
date to copy or look over any examination sheets or
materials in possession of another candidate.
c. Willfully attempting to reveal identity on any exami-
nation paper except as instructed to do so by the
examiner in charge.
d. Tardiness in reporting for the examination unless ad-
mitted by the examiner in charge for good reason; or
leaving the examination room before completing the
test except with the permission of the examiner in
charge.
Rule 311. Scoring and Standards. The final score of a candidate
shall be based upon all tests and evaluations in the examinatiOn
with the relative weights assigned to them in the announcement.
Failure on one part of the test or examination may be grounds for
declaring the candidate as failing in the entire examination, or as
disqualified for subsequent parts of the test. The Chief Examiner
shall score the examinations according to the passing mark estab-
lished in the announcement.
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Rule 312. Promotional Examinations. Promotional examinations
shall be conducted by the same methods and standards as those for
original entry into the service, except that they shall be restrict-
ed to qnalified employees in designated lower classes in the city
service, and the Board in announcing such examinations may establish
standards, of performance in present service and may grant credit
based on the quality and length of such service. In announcing
open examinations, the Board may also specify the terms under which
permanent city employees in appropriate'classes may qualify pro- .
motionally, including the establishment, in the Board's discretion,
of higher minimum scores for promotion candidates than required for
candidates on an open basis. In such case, a permanent employee
failing to meet the higher standard for the promotional examination
but obtaining the passing mark for the open examination shall be
placed on the open list.
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Rule 313. Inspection and A~peal. A copy of the written test given
in connection with any exam~nation shall be made available in the
office of the Board for inspection by persons competing in the test,
beginning on the second business day following the giving of the
test and continuing for five business days thereafter. During this
period a candidate may appeal to the Chief Examiner in writing from
the inclusion of may item or portion of the test or from the answer
indicated as correct for any item. The Candidate shall state the
item. page number and the reason or authority in support of his con-
tention. Thereafter no further appeals will be accepted which are
concerned with the examination content or answers. An appeal which
fails to set forth a reason or authority for a protest will not be
considered. The Chief Examiner shall make a ruling on each such
appeal and the examination papers shall be scored according to his
decision, subject to the right of the candidate to appeal to the
Board within three days after notification of the Chief Examiner's
decision.
Rule 314. Veterans' Preference. A candidate claiming the prefer~
ence granted by Section 249 of the Charter shall so indicate and'
submit evidence in support of his claim prior to his examination,
and failure to do so shall be'deemed a waiver of the preference. In
establishing an eligible list, the Chief Examiner shall grant pre-
ference, where claimed and proven, in accordance with the provisions
of the charter.
Rule 315. Eligible List. Upon the completion of all phases of an
examination, the Chief Examiner shall establish an eligible list
ranking the candidates according to their scores in the various
parts of the examination, and the relative weights thereof, with
credit for veterans' preference or any other preference or credit
authorized by the charter or these rules.
Rule 316. Notification of Results. Each candidate taking an
examination shall be given written notice"of the results'thereof,
consisting of his final earned rating and, if successful, of his
relative position on the eligible list. Each candidate may'inspect
his answers, together with a keyed copy of the written test, begin-
ning on the second business day following the mailing of notice of
test results, and continuing for five business days thereafter,
During this period, appeals in writing will be accepted against the
scoring of his paper on the grounds of fraud or mistake, but no fup-
ther appeal will be accepted concerning the keyed test material. The
Chief Examiner shall rule upon such appeals and the final score of
the examinee shall be made to conform to his decision, subject to
the right of appeal to the Board within three days after notifi-
cation of such decision.
CHAPTER IV
RULES AFFECTING ELIGIBLE LISTS AND ELIGIBLES
Rule 400. Information Required from Eligibles. The Chief Examiner
may require eligibles to provide information concerning any limita-
tions on the conditions under which they wish to be certified, in-
cluding whether or not they are available for temporary employment
and whether there are particular departments to which they may wish
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not to be certified. Eligibles shall notify the Chief Examiner
promptly of any change in address. An eligible wishing not to be
considered for appointment during any part of the term of his eligi-
bility may request to be placed on an inactive list. Inactive
eligibles may be restored to the active list, in their original
relative position, at their request any time during the term of the
list.
Rule 401. Kinds of Lists and Order of Use. The kinds of eligible
lists and the priority in which they shall be used shall be as set
forth in Rules 401.1 through 401.4.
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Rule 401.1 Re-employment Lists. A re-employment list shall be
established for a class whenever any permanent or probationary em-
ployee has been laid off for lack of work or lack of funds, or upon
the abolishment of a position for any reason not involving the fault
or delinquency of the employee, and may also include the names of
permanent employees who have resigned and who have been permitted to
withdraw their resignation on the recommendation of the department
head and approval of the Chief Examiner. Names shall be arranged
on a re-employment list in the order of relative total length of
probationary and permanent service"in the class. \Vherever a re-
employment list exists for a class, it shall take precedence over
the promotional list and the eligible list.
Rule 401.2. Promotional Lists. Promotional lists shall be created
as a result of promotional examinations held by themselves or in
conjunction with open examinations, and such lists shall take prece-
dence fo~ any class over the eligible list for that class.
Rule 401.3. Eligible Lists. Eligible lists resulting from open
competitive examinations shall be used when other lists having
priority are not available.
Rule 401.4 Transfer Lists. The Chief Examiner may maintain lists
of employees who wish transfers to another department. iVhen a
vacancy occurs to which any permanent or probationary employee has
asked for transfer, the Chief Examiner may, wit~ the consent of the
two department heads concerned, arrange for such transfer in prefer-
ence to certification from any eligible list.
Rule 402. Requisition. vVhenever a vacancy exists the department
head shall notify the Chief Examiner on forms provided by him, which
shall be so designed as to provide all necessary information con-
cerning the nature of the vacancy.
" "
Rule 403. Certification. Upon receipt of a requisition and after
considering"the possibility of transfer of an employee already in
the service, the Chief Examiner shall certify to the department h~
for appointment the names of eligibles from existing lists for the
class. In the event of certification from a re-employment list,
there shall be one name certified for each vacancy. In the event of
certification from a promotional list or eligible list, the Chief
Examiner shall certify not less than three nor more than five names
for each"vacancy as the Board may have determined for each class;
hrovided, that in particular cases, on petition of the department
ead and recommendation by the Chief Examiner, the Board may
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authorize certification of a greater number of names on the grounds
that a particular vacancy involves additional special requirements
not necessarily possessed by all the eligible or that the scores
of a number of candidates are so closely grouped that no substantial
difference in their relative qualifications is apparent. No certifi-
cation from promotional or eligible list may be made until all of
the names on a re-employment list for the same class have been certi-
fied and the eligibles have either been appointed or waived, nor
may any certification be made from an eligible list until all of the
eligibles on a promotional list for the same class have been certi-
fied and have been appointed or waived.
Rule 404. Effect of Tie Scores. Eligibles having identical scores
shall be placed on lists in alphabetical order. Whenever the certi-
fication of names under the preceding rules results in the certi-
fication of an eligible whose score is identical with others on the
list, all of the eligibles having the same score shall be certified.
Rule 405. Waiver. Eligibles may waive certification'upon giving
satisfactory reasons in writing to the Chief Examiner. Waivers must
be filed within three days from the date of certification, and if
accepted the name of the eligible shall hot be certified to any
other appointing officer until the waiver has expired or been with-
drawn. An eligible may waive certification for temporary appoint-
ment or may state the minimum salary or the particular time or de-
partment of service for which he wishes to be certified and such
waiver shall be automatically effective as to all certifications
not meeting his requirements.
Rule 406. Use of APprorriate List., When the Chief Examiner finds
that there is no re-emp oyment list, promotional list, eligible list
or transfer list for a class for which a requisition has been re~
ceived, he may in his discretion use the list for any othe~_~lass'
he may find nearly enough related to be considered as appropriate.
In such case the re-employment or promotional list for such class
shall be treated in the same way as though they were eligible lists
for the class to which certification is made. Any waiver made by
an eligible certified from an appropriate list shall be deemed to
apply to that particular certification only.
Rule 407. Provisional Appointment. In the event no eligibles are
available for a vacancy, the Chief Examiner may authorize the ap-
pointing power to make a provisional appointment. The provisional
appointee proposed by the appointing power shall meet all of the
requirements necessary for admission to the examination for the
class when it is subsequently held. No provisional appointment may
extend more than 10 days beyond the creation of an eligible list for
the class, nor may a provisional appointment in any case extend more
than six months from the date of appointment unless an extension is
authorized for an additional period of not to exceed six months by
the Board.
Rule 408. Appointment. After interview and any investigation
desired, the appointing power shall make appointments from among .
those certified (or make a provisional appointment when authorized),
and shall immediately notify the Chief Examiner of the person or
persons appointed. If the person appointed fails to present himself
for duty at the time and place agreed upon, he shall be deemed to
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have declined,the appointment and h~s name shall be removed from the
eligible list, to be restored by the Board only upon showing of
satisfactory reasons fo: his failure to appear.
Rule 409. Term of list. Promotional and open eligible lists shall
remain in effect for two years after they are established, unless
sooner exhusted by the appointment of all the eligibles. Re-employ.
ment lists shall remain in effect indefinitely, except that names
may be removed therefrom by the Board after two years from the date
the individual was placed on the list.
.
Rule 410. Combination of Lists.
eligible list the Chief Examiner
giving another examination. The
with the existing lists in order
and thos~ already on the list.
Rule 411. Disiualification and Removal. Names of
removed from e igible lists by the Chief Examiner
following:
At any time during the life of an
may add names to the list through
names shall be added and merged
of final ratings of those added
eligibles may be
for any of the
.
a. Inability to communicate by nmil within a reasonable
time with the eligible at his last reported address.
b. Conviction of a felony or of a misdemeanor involving
moral turpitude.
c. Proof of fraud or false statements in the application,
or proof of'fraudulent conduct in connection with an
eXElmination.
d. Permanent appointment to a position in the class
for which the eligible list was established or for
which the list is deemed suitable by the Chief
Examiner.
e. Certification to department head three times with-
out appointment, on a showing by the department head
that there are reasons other than the superior quali-
fication of other eligibles which have caused an
individual to be passed over for appointment.
f. Separation from the service for any cause of an
eligible on a promotional list.
g. Failure to appear or to arrange for an interview
with an appointing power within a reasonable time
after notification of certification, or failure to
appear for work after appointment.
h. Declination of appointment without reasons satis-
factory to the Chief Exmainer.
i. Waiver of certification for a reason unsatisfactory
to the Chief Examiner.
Rule 412. Restoration of Names to Eligible Lists. Names which
have been removed from eligible lists may be restored by the Chief
Examiner for the duration of the list for the following reasons:
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RULE 415. ASSIGNHENTS.
The Chief or-the Fire or Police Department may assi~n for a
period not to exceed 90 days any employee in ~is department to
a position in a hi~her classification or rank durin8 the absence
of the incumbent thBrecf or during a vacancy in the position and
he shall forward notice and certification of the assignment and
the periods of time worked in the higher position to the Adminis-
trative Officer and the Civil Service Board or its Secretary.
He shall assign a person from the names of those persons certified
on an appropriate proMotional or eli1ible list; provided that at
the time of the initial assignment such a list exists for the
position to which the assignment is made; provided further that
such recuirement may be waived by the Civil Service Boar.d for
good cause when there is evidence that it would cause hardship
or danger to, or inefficiency in departmental operations or
performance of duties. Such assignment may be extended by the
Civil Service Board for an additional periods of 90 days.
Any employee who is assigned to the hi~her position for more than
10 consecutive working days or 5 consecutive shifts shall receive
the same salary for the higher position to which he would be
entitled were he promoted to such position during the period in
which he is assi~ned thereto. An urgency assignment without
additional salary benefits of an employee in the department whose
name has not been certified on the appropriate promotional or
eligible list m~y be made by the Chief for 10 consecutive work-
ing days or 5 consecutive shifts. Each assignment shall terminate
upon a promotion or appointment to the position. The person
assigned to the ~i3her position shall not acquire any advantage
or ri~ht by reason of the assignment, except as hereinbefore set
forth. The purpose of this Hule is to implement, interpret and
clarify Section 186 THIRD: (b) of the Charter.
.
.
a. Acceptance of the reason for waiver of certification
which had previously been rejected.
b. Acceptance of the reason for non-appearance for in-
terview with the appointing authority after certi-
fication.
c. Upon request of an employee dismissed during a pro-
bationary period, if found by the Chief Examiner to
have been without fault or delinquency on the employee's
part.
Rule 413. Emergency Appointment. Notwithstanding any other pro~
vision of these rules, any appointing power may employ such persons
as may be needed to meet an emergency created by an extra-ordinary
occurrence which threatens life or property. Such appointments may
not exceed 15 days and shall be reported to the Chief Examiner as
soon as the emergency conditions permit.
.
Rule 414. Oath.
take such o~of
by the Council.
Upon appointment, each officer and employee shall
offices as may be required by law or prescribed
CHAPTER V
RULES AFFECTING EBPLOYEES
Rule 500. Probationary Appointments. All appointments from eligi-
ble and promotional lists shall initially be for a probationary
period of six months, unless the Board shall have established a
lesser period for a given class, notice of which shall have been
included in the announcement of the examination. Probationary
serviCe shall be subject to the provisions of Rules 500.1 through
500.3.
.
Rule 500.1. Objective of Probation. The probationary period shall
be regarded as a part of the testing process and shall be utilized
for observing closely the employee's work, for securing the most
effective adjustment of a new employee to his position and for re-
leasing any probationer whose performance does not meet the depart-
ment head's required standards of the work.
Rule 500.2. Removal dur.in~ Probation. During the probation period
an employee may be release at any time by the department head, with
the approval of the majority of the Board. Such release shall be
effective upon the filing by the department head with the Chief
Examiner of his reasons for such action. If a probationer is re-
moved for reasons which in the judgment of the Chief Examiner would
apply to a given situation only and'would not necessarily disqualify
the individual for other employment, the Chief Examiner may'restore
the eligible's name to the list from which he was certified.
Rule 500.3. Rejection after Promotion. Any employee released during
the probationary period following a promotional appointment shall
be reinstated to the position from which he was promoted unless
charges are filed and he is dismissed in the manner provided in the
Charter and in these rules.
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Rule 501. Permanent Ap~ointments. Upon the satisfactory completion
of the probationary per10d the appointee shall be deemed to have a
permanent appointment and thereafter shall be subject to removal-
only by the procedures established in the Charter or these rules.
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Rule 502. Temporary Appointments. vVhen any position is established
for a specinc term of time not exceeding one year, it shall be re-
garded as a temporary position. Appointments shall be made in the
same manner as to permanent positions, provided that no eligible may
be penalized for his unwillingness to accept a temporary appointmen~
If the temporary appointment extends for a definite period exceeding
the length of the probationary'period, the appointee, upon the
termination of the appointment, shall be placed on the re-employment
list. 'If the term is for less than the establis~ed probationary
period, the appointee shall be restored to the eligible list. Perscns
holding temporary positions shall be terminated at the end of the
established term without regard to the reduction in force procedures
elsewhere provided in these rules. Eligibles accepting temporary
appointment shall not be removed from the list for consideration for
permanent appointment unless they so request.
Rule 503. Seasonal Appointments. vfuen a position is to be'filled
for a period of time wuich will recur at'definite intervals, it
shall be regarded as a seasonal position. No eligible is to be
penalized for waiving appointment to a seasonal position. Eligibles
accepting seasonal employment shall not be removed from lists for
consideration for other employment unless they so request. Those
appointed to seasonal positions shall be terminated at the end of
the season and may be regularly re-appointed at each recurrence of
the seasonal period without regard to other procedures in these
rules. .
Rule 504. Provisional Appointments. A provisional appointee acqubres
no rights or status ot. any !Gnd. His employment is subject to .
termination at any time in the discretion of the appointing power.
Experience gained as a provisional appointee shall be given no more
credit in an examination than would an equal amount and kind of
experience in any other employment.
Rule 505. Appointment to Unclassified Service.
employee in the classified service is appointed
the unclassified service he shall be reinstated
position upon termination of his appointment in
service, unless so terminated for a cause which
dismissal from the classified service.
In the event an
to a position in
to his former
the unclassified
would justify his
Rule 506. Continuity of Service. No authorized leave of absence
in any form shall operate to break the continuity of service of an
employee in computing seniority for any Civil Service purpose.
Rule 507. Absence Without Leave. No employee in the classified
service shall absent himself from duty without leave except in case
of sickness, 'injury or great emergency. Failure to report for duty
as scheduled, or failure to notify the appointing authority of in-
ability to report, or failure to report after a leave of absence
has expired or has been revoked or cancelled by the appointing power
shall be deemed an automatic resignation, and the position shall be
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declared vacant unless the employee shall show to the satisfaction
of the appointing power that his failure to report was due to sick-
ness, injury or great emergency which made reporting impOSSible.
Rule 50e. Promotion. Insofar as practicable and consistent with
the best interests of the service, vacancies in the classified
service shall be filled by promot~ons from within the service from
promotional eligible lists established after competitive examination
The examination may be limited to employees within the department
in which the vacancy exists. When an appointing power believes that
a vacancy in a class could be better filled by general open com-
petition, he may request certification.from an existing open list
or request that an examination be held. The Board after due con-
sideration of the reasons advanced by the appointing power, may
approve or deny such a request or may order a concurrent examination
on both a promotional and open competitive basis. The decision of
the Board in this matter shall be final. Regular employees desir-
ing to compete in promotional examinations must meet'a11 of the
reauirements set forth for entry into an examination, including
special standards which may be established by the Board for pro-
motional purposes. In consideration of limited competition in a
promotional testi the Board may establish a higher passing mark
than that genera 1y established in open competitive tests.
Rule 509. Transfer. After notice to the Chief Examiner, an em-
ployee may be transferred by the appointing power at any time from
one position to another position in the same or comparable class.
Transfers shall not be used to effectuate a promotion demotion,
advancement or reduction, each of which may be accompiished only as
provided in these rules. No person shall be transferred to a
position for which he does not possess required employment standa~
In the case of transfers between departments, the approval of both
department heads shall be required.
Rule 510. Voluntary Demotion. A permanent or probationary employee
may at any time request a voluntary demotion to a lower class, pro-
vided he has the qualifications which would be required of an
original appointee to that class. Such demotion shall be effective
on appro~a1 by the appointing power and the Board.
Rule 511. Reduction in Force. When it becomes necessary through
lack of work or lack of funds or for other reasons to reduce the
number of employees within a given class, the department head shall
give at least two weeks advance notice to the Chief Examiner. The
Chief Examiner shall prepare the order of lay-off, providing that
emergency, temporary and provisional employees shall be laid off in
that order prior to the lay-off of probationers or regular employees
in the same class. The order of lay-offs shall thereafter be dete~
mined by seniority in the class after certification to a permanent
position. The names of permanent and probationary employees shall
be placed upon an appropriate re-emp1oyment list in the order of
re1ative.1ength of total employment in the classified service.
Rule 512. Summary Suspension. Any employee may be summarily sus-
pended by the appo~nt1ng power for a period not exceeding 10 work-
ing days in any consecutive 60 days for unsatisfactory work or for
unsatisfactory conduct. Such suspension shall be reported to the
Board and is subject to the appeal provisions provided in these
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,
rules.
Rule. 513. DisciPlinara Actions. A permanent employee may be dis-
ciplined by dismissal emotion, transfer or supension, as provided
in sections 254 o~ 256 of the charter and in accordance with Rules
513.1 through 513.5.
Rule 513.1. Causes. Disciplinary actions, except the summary sus-
pension provided in Rule 512, shall not be taken except for cause
related to performance of duty, personal conduct or qualifications
of the employee, which causes'may include bttt are not limited to:
fraud in securing appointment, incompetency, ineffeciency, inex-
cusable neglect of dnty, physlcal or mental disability; insubor-
dination, dishonesty, drunkaness on duty, intemperance! addiction to
the use of narcotics or habit forming drugs, inexcusab e absence
w1~hout leave, conviction of a felony or of a misdemeanor involving
moral turpitude; immorality, discourteous treatment of the public or
other employees, improper political activity, willful disobedience,
misuse of City property violation'of the Charter or of any rule
governing City per sonne! practices, or any failure of good behavior
or acts, during or outside of duty hours; which are incompatible
with or inimicable to the public service.
Rule 513.2. Charges to be filed. The appointing power shall in-
itate disciplinary action by serving on the employee a written
statement of specific charges, a statement of the disciplinary
action sought, notice to the employee of his right to reply and
hearing under these rules, and , in the descretion of the appoint-
ing power, notice of suspension without pay pending the hearing and
determination of charges. A copy of such charges'and notice shall
at the sam~ time b~ filed with the Chief Examiner.
Rule 513.3. Reply. Within five days after'the filing of charges
and notice or 1ntended disciplinary action, the employee may file a
statement in reply and either accept the intended disciplinary
action or request a hearing by the Board. If the employee files a
statement accepting'the proposed disCiplinary action, it mall be
effective forthwith. If the employee fails or neglect~ to file a
statement within the five working day limit'herein prOVided, unless
a further extension is granted by the Board, the proposed disciplin-
ary action shall be effective at the experiation of the period. If
the employee requests a hearing, it shall be conducted by the Board
in accordance with these rules.
Rule 513.4. Hearing. Within 10 working days after receiving a re-
quest for hearing in a disCiplinary matter, 'the Chief Examiner,
after consulation with members of the Board, shall set a time and
place for a hearing, which hearing must be held within 30 days after
the filing of the employee's reply unless a later date is mutually
agreed upon by both parties. Prior to such hearing, the Board may
direct the Chief Examiner to make such investigations as may be
appropriate in the circumstances. At the hearing the Board shall
hear evidence in behalf of the person bringing the charges and the
employee, and such additiOnal information as may have resulted from
independent investigation. The parties may be represented by
counsel, but the_hearing shall be conducted informally and shall not be
be bound by formal rules of evidence. The hearing may be continued
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,.
from time to time for the convenience of the parties, and upon
completion the Board may take the matter under submission with
without request for further written summary of the evidence or
argument~ by the part~es.
Rule 513.5. Decision. Within 30 days after taking a disciplinary
case under submission, unless the time is further extended by
mutual agreement of the parties, the Board, by'majority vote of all
its members, shall render a dec1sion affirming, modifying or r~vers-
ing the disciplinary action proposed in the charges and notice. In
the event the decision modifies or reverses the action sought, the
Board shall determine the effect of such decision on any suspension
of salary which may have been effective during the time the charges
were pending and the hearing was held. All decisions of the Board
in disciplinary matters shall be final and shall be executed forth-
with.
its
or
Rule 514. Resi~nation. Any employee may resign from the City
service by filing a statement of his intention with the department
head, who shall endorse his action on it and forward it to the Chief
Exam1ner. If a resignation is sub~itted to avoid diSCiplinary
action, the department head shall accept it with prejudice and such
record shall bar the employee from reinstatement or from partici-
pation in furt~er examinations unless expressly permitted by the
Board after consideration of all factors, including the basis for
any pending disciplinary.action.
Rule 515. Reinstatement. A resigned probationary or permanent
employee may be reinstated to a position in the same class if there
is need for his services within a year after his resignation, or
within the same period he may be permitted to withdraw his resig-"
nation and his name may be placed on an appropriate eligible list.
An employee on leave of absence shall be entitled to 'reinstatement
on or before the date of the expiration of his leave.
" ,
Rule 516. Political Activity. The political activity prohibited by
the Charter shall be construed to include holding office in any
political organization and candidacy for any public office.
. ",
Rule 517. Incompatible Employment. (Res. 5866-C5-7, 2-21-61) Each
department head, officer and employee of the City of'San Bernardino
in the classified service shall devote his full time, attention and
efforts to his City office or employment during his hours of duty.
No such department head, officer or employee shall engage in any
employment, activity, enterprise or conduct of any nature which is
inconsistent, incompatible or in conflict with his duties as a
department head, officer or employee or with the duties, functions
or'responsibilities'of the department or office which he is employ-
ed. The employment, activities, enterprises,'or conduct which are
inconsistent, incompatible or in conflict with the dutities of such
personnel include but are not limited to matters which:
a. Involve the use of private gain or advantage of City
time, facilities, equipment and supplies or the 'prestige
or influence of one's City office or employment.
b. Involve receipt or acceptance by the department head,
officer or employee of any money or other consideration
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from anyone other than the City for the performance of
an act which the department head, officer or employee,
if not performing such act, would be required or ex-
pected to render in the regular course or hours of
his City employment or as part of his duties as a
department head, officer or employee.
c. Involve in the performance of an act in other than'his
capacity as a department head, officer or employee,
which act may later be subject directly or indirectly
to the control, inspection, review; audit or enforce-
ment by such department head, officer or employee, or
the department by which he is employed, or by the Board
or Commission having authority or responSibility in-
volving his duties or employment.
Rule 518. Residence. All classified employees of the City are re-
quired to be residents of the City. If at the effective date of
his appointment any person appointed to a permanent position in the
City service is not a resident of the City, he shall establish such
residence within six months after the date of his appointment. The
residence required by this rule shall be within the corporate limits
of the City of San Bernardino or within the boundaries of an area
for'which formal proceedings for annexation to the City are under-
way, and such residence shall be evidenced by the regular and con-
tinuous occupancy of a place of habitation within such limits by the
employee and his immediate family, if any.
CHAPTER VI
GENERAL RULES
Rule 600. Cooperation b* Others. Every officer and employee of the
City shall cooperate ~t the Board and the Chief Examiner in order
to fulfill completely the objectives and purposes of the Charter and
these rules. In particular the Chief Examiner may call on officers
and employees to assist in the preparation and conduct of examina-
tions without additional compensation.
Rule 601. Investigation: Subpoena Power. Wherever deemed neces-
sary by the Board or the Chief Examiner in order to obtain the facts
necessary to the determination of any matter arising under the
Charter or these rules, the Board or the Chief Examiner may question
such persons and review such records as are relevant to the proce-
edings. The Board and the Chief Examiner in the performance of
their duties shall have the power of subpoena over persons and
records, _and such power shall be enforceable by the courts.
Rule 602. Payroll Certification. No payment shall be made for
service rendered by any officer or employee in the classified serv.ke
of the City except after certification by the Chief Examiner'that
the appointment has been made in accordance with the Charter, all
appropriate ordinances and these rules. In the event of any ap-
pointment or employment contrary to such prOVisions, the appointing
power shall be personally responsible for amounts earned by the
employee.
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Rule 603. Enforcement: Penalty for Violation. Any officer or
employee of th~ c~ty who shall ml.lf'ully do any of the acts proh:lh!.t-
ed or who shall fail to do any of. the acts required, or in any
other way violate any of the provisions of Sections 246 through 261
of the Charter or of these rules; or any order relating to personnel
duly made by the Board, shall be subject to disciplinary action
appropriate to his status.
Rule 604. Meanin~ of Headings. The headings of chapter~ and rules
are for illustrat~on only, and in the interpretation of any rules
shall not be considered to be a part thereof.
Rule 605. Validity and Separability. Should any part of these r~s
be declared contrary to the Charter or any other law, the Board and
the Mayor and Council declare that each would have adopted or ap-
proved all of the other provisions notwithstanding the finding of a
defect in any rule or provision thereof, and all remaining rules and
provisions thereof shall remain in effect.
. .
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Rule 606. ~eal of Conflicting Rules. The rules and regulations
of the Boara-heretofore in effect are hereby expressly repealed
upon the taking effect of these rules.
Rule 607. Amendment. These rules may be amended by majority vote
of all members of the Board after public notice and opportunity to
be heard, and such amendments shall become effective after approval
by the Council and Mayor.
Rule 608. Effective Date. These rules shall be effective upon
approval by the Council and Mayor.
.
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