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ORDINANCE NO. A3n
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 2449 ENTITLED IN PART "AN ORDINANCE . . . APPROVING THE CIVIL
SERVICE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD . . .";
AND APPROVING RULES 118,204.2, 205(c), 316, 317, 401.1, 401.4,
403, 411, 501, 510, 511, 513 and 515 CONCERNING PROVISIONS RELAT-
ING TO THE APPOINTING POWER, THE EXEMPTION OF TEMPORARY EMPLOYEES
I IN THE POLICE AND FIRE DEPARTMENTS FROM SPECIFIED QUALIFYING PRO-
CEDURES, NOTIFICATION OF EXAMINATION RESULTS, QUALIFICATIONS FOR
OTHER GOVERNMENT EMPLOYEES, DESIGNATING PERMANENT EMPLOYEES AS
REGULAR EMPLOYEES, THE CERTIFICATION OF ALL SUCCESSFUL APPLICANTS
FOR APPOINTMENT, ELIMINATING DISQUALIFICATIONS FOR BEING PASSED
OVER THREE TIMES, AND REMOVING THE DISCIPLINARY IMPLICATION FROM
DISMISSAL PROCEEDINGS FOR DISABILITY; AND REPEALING CIVIL SERVICE
RULE 309 CONCERNING WAIVER OF DISABILITY.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
10 DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 2449 Section One is hereby amende
12 to read as follows:
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"Section One: The Civil Service Rules and Regulations of
14 the civil Service Board of the City of San Bernardino duly adopted
15 by said Board on the 20th day of November, 1959, being Rules 100-
16 608, inclusive, and amendments adopted subsequent thereto, each
17 and every Rule and Regulation being on file in the Office of the
18 City Clerk of the City of San Bernardino, are hereby approved."
19 I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common
the City of San
by the fOllowing vote,
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Bernardino at a
on the ~-5r::/ day 0
meeting thereof, held
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~kh~~~'~973'
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Councilmen /_-
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to wit:
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AYES:
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NAYS:
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ABSENT:
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The foregoing ordinance
of If'-U/1-!uJ 1973.
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is hereby approved this
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APprove;7as to form:
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NQV 1 2 1973
~'JCIL' :OFORTH, Ci\.d' -",
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7dday
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of San Bernardlno
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RESOLUTION NO.
r:C)J2,
2 RESOLUTION OF THE CIVIL SERVICE BOARD OF THE CITY OF SAN
BE~NARDINO ~~NDING CIVIL SERVICE RULES 118,204.2, 205(c), 316,
3 317, 401.1, 401.4, 403, 411, 501, 510, 511, 513 and 515 CONCERN-
ING PROVISIONS RELATING TO THE APPOINTING POWER, THE EXEMPTION
4 OF TEMPORARY El1PLOYEES IN THE POLICE AND FIRE DEPARTMENTS FROM
SPECIFIED QUALIFYING PROCEDUP~S, NOTIFICATION OF E~lINATION
5 RESULTS, QUALIFICATIONS FOR OTHER GOVE&~MENT EMPLOYEES, DESIGNAT-
ING PERMANENT EMPLOYEES AS REGULAR EMPLOYEES, THE CERTIFICATION
6 OF ALL SUCCESSFUL APPLICANTS FOR APPOINTMENT, ELIMINATING
DISQUALIFICATIONS FOR BEING PASSED OVER THREE TIMES, AND R&'10VL,G
7 THE DISCIPLINARY IMPLICATION FROM DISMISSAL PROCEEDINGS FOR
DISABILITY;, AND REPEALING CIVIL SERVICE RULE 309 CONCERNING
8 WAIVER' OF DISABILITY.
9 BE IT RESOLVED BY THE CIVIL SERVICE BOARD OF THE CITY OF
Sh~ BERNARDINO AS FOLLOWS:
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SECTION 1. The Civil Service Rules and Regulations for
the Classified Service of the City of San Bernardino, Rules 118,
204.2, 205(c), 316, 317, 401.1,401.4,403, 411, 501, 510,511,
513 and 515 are hereby amended to read as follows:
"Rule 118. 'Permanent position' means any position in the
classified service which re~uires or is likely to require ~~e
service of an incumbent without interruption for an indefinite
period exceeding six months. 'Permanent appointment' shall mean
appointment to a permanent position. 'Permanent employee' means
any employe~ holding a permanent position."
"Rule 204.2. Reports of Changes. The Chief Examiner
shall prescribe methods by which he will be informed of every
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appointment, transfer, promotion, demotion, and other temporary
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or permanent 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. II
"Pule 205. The Competitive Class.
(c) The Civil Service
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1 Board may require an examination in order to qualify any full
2 time temporary employee, whose position is funded pursuant to
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subrule (b) of this Rule, for a permanent position in the same or
comparable class or for a permanent promotional position. Such
examinations may be closed to said temporary employees, to a
department, or to a class. Applicants who successfully pass th?
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r examination and are qualified may be appointed or transferred in
. preference to eligibles on any other list, except the re-employ-
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9 ment list. Such qualifying examinations may be used for creating
I eligibility or promotional lists or for transfers."
I "Rule 316. Notification of Results. Each candidate taking
I an examination shall be given written notice of the pass or fail
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1~ results of his examination or test. Each failing candidate may
14 inspect his scoring sheet, beginning on the second business day
15 following the mailing of notice of test results, and continuing
16 for five business days thereafter. During this periOd, appeals
17 in writing will be accepted challenging the scoring of his answers
18 on the grounds of fraud or mistake, but a further appeal shall not
19 be made challenging the keyed test material, the content of the
20 examination or the answers. The Chief Examiner shall rule upon
such appeals and the final score of the examinee shall be made to
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conform to his decision, subject to a right of appeal to the Board
within three days after notification to the candidate of such
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decision."
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"Rule 317. Qualifications for other Government Employees.
26 Notwithstanding any provision in these Rules to the contrary, a
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I civil service employee
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of the united States of America, a state
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be exempted by the Civil Service Board from
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,'competitive written and physical examinations for a comparable
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Ilposition and be made eligible for employment with the City and
IIPlaccd on an eligible list subject to the following conditions.
!i 1. He was duly qualified for his position under Civil
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<iService requirements of the United States of America, the state,
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II or public agency.
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'comparable
class in its classified civil service.
The City has a vacancy in a comparable position in a
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3.
He shall possess specialized training and experience
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!relating to the duties of the position in which he is to be
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j:employed.
II 4. The Department Head, Civil Service Board, City Admin-
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listrator, Mayor and Common Council approve the qualifications of
qsuch person for the comparable position.
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,may impose."
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Ishall be established for a class whenever any regular or permanent
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l~mPIOyee has been laid off for lack of work or lack of funds, or
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Ibpon the abolishment of a position for any reason not involving
~he fault or delinquency of the employee, and may also include the
bames of permanent employees who have resigned and who have been
bermitted to withdraw their resignation on the recommendation of
~he department head and approval of the Chief Examiner. Names
thall be arranged on a re-employment list in the order of relative
I otal length of probationary and regular service in the class.
IVherever a re-employment list exists for a class, it shall take
I~recedence over the promotional list and the eligible list."
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5.
Any further conditions which the Civil Service Board
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"Rule 401.1.
A re-employment list
Re-employment Lists.
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Ii "Rule 401.4. Transfer Lists. The Chief Examiner may
maintain lists of employees who wish transfers to another depart-
Iment. When a vacancy occurs to which any regular or probationarI
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employee has asked for transfer, the Chief Examiner may, with the
consent or the two department heads concerned, arrange for such
I transfer in preference to certification from any eligible lisr.."
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"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 head for his recommendation for appointment the names
of eligibles from existing lists for the class. In the event of
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certification from a re~employment list, promotional list or
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eligible list, the Chief Examiner shall certify the names of all
successful applicants for each vacancy. No certification from
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of the follovTing:
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a. Inability to communicate by mail within a reasonable
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time
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with the eligible at his last reported address.
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b. Conviction of a felony or of a misdemeanor involving
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moral turpitude.
c. Proof of fraud or false statements in the application,
or proof of fraudulent conduct in connection with an examination.
d. Permanent appqintment 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. separation from the service for any cause of an eligible
on a promotional list.
f. 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.
g. Declination of appointment without reasons satisfactory
to the Chief Examiner.
h. Waiver of certification for a reason unsatisfactory to
the Chief Examiner."
"Rule 501. Regular Appointments. Upon the satisfactory
completion of the probationary period the appointee shall be
deemed to have a regular appointment and thereafter shall be sub-
ject t9 removal only by the procedures established in the Charter
or these rules."
"Rule 510. Voluntary Demotion. An employee may at any til
request a voluntarJ demotion to a lower class, provided he has th
qualifications which would be required of an original appointee t
that class. Such demotion shall be effective on approval by the
appointing power and the Board."
"Rule 511. Reduction in Force. When it becomes necessar<,
through lade of work or lack of funds or for other reasons to
reduce the number of employees within a given class, the appoint:
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power shall present evidence to the Chief Examiner that every
2 effort has been made to transfer, demote, temporarily appoint or
3 undertake other action to retain permanent employees in lieu of a
4 lay-off.
5 The department head shall give at least two weeks advance
6 notice to the Chief Examiner of the titles, classes and number )f
7 positions involved. The Chief Examiner shall thereupon designate
8 the order of lay-off in accordance with this rule and the depart-
9 ment head shall process the necessary personnel actions. Emergency
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/temporary and provisional employees shall be laid off in that
order prior to the lay-off of permanent ~~ployees in the same
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12 class. The order of lay-offs shall thereafter be determined by
13 seniority. Seniority of employees for purposes of reduction in
force or transfers and demotion brought about by said reduction
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in force shall be based on seniority in class with the department
so that the employee with the shortest term of service within the
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department shall be the first to be transferred, demoted or laid
off. However, any employee who has or shall be transferred
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involuntarily or who was or shall be transferred upon written
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initiating notice to ~~e Chief Examiner by, or at the nehest or
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initiation of, an appointing power or department head for the
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benefit of the City to a position in another department shall re-
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tain the seniority earned and accrued in the class in the depart-
ment from which he was or shall be transferred. In the event more
than one employee is transferred, demoted or laid off, such
transfers, demotions or lay-offs shall be in inverse order to the
length of service in the class, provided, however, no employee
shall be transferred or demoted to a class, title or position for
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I:which he does not possess the minimum requirements of knm~ledge,
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skill and experience.
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In a department where there is more than one class having
equal rates of compensation, any probationary or regular employee
I subject to lay-off under this rule shall, in lieu thereof, be
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I allowed a transfer to a position in one of the other classes ,f
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lequal compensation, for which he possesses the minimum require-
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Iments of knowledge, skill and experience, provided that the
il employee subject to lay-off has longer service in his class than
~the employee he would displace has i~ his class. To be considered
II for said transfer in lieu of lay-off, an employee must notify his
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iapPointing power in writing of such election not later than ten
'1(10) calendar days after receiving written notice of said lay-off.
I Any probationary or regular employee subject to lay-off
lunder this rule shall in lieu thereof be allowed a demotion to the
lnext lower class of his department in which the employee subject
jfto lay-off possesses the minimum requirements of knowledge, skill
and experience, and shall become the senior employee in that class
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for the purposes of this rule; provided, however, that in the
first grade or lowest class within a department, total ~ime in
serVice shall be the only criteria to be considered in determining!
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demotion in lieu of lay-off, an employee must notify his appoint-
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ing power in writing of such election not later than ten (10) I
t calendar days after receiving wri tten notice of said lay-off. j!
I If an employee subject to layoff displaces another employe
,in an equal or lower class in a position in which said employee
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Isubject to lay-off has never served, but for which class he
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1 I, possesses the minimum requirements of knm"ledge, skill and
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2 I! experience, such appointment shall be on a probationary basis and
3 isection'254 of the City Charter shall apply. Not later than the
4 iiend of the probationary period, said employee shall either become
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5 Iregular in this position or be allowed to displace an employee in
6 the next lower class in which the employee subject to lay-off
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Iposse~ses the minimum requirements of knowledge, skill
exper~ence.
and
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Any employee displaced hereunder shall have the same right
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'to displace employees in equal or lower classes as does an
lemPlOyee subject to lay-off.
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I Any employee laid off or demoted to a lower class or trans-
ferred to an equal class un~er this rule shall have the right for
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re-employed, transferred or promoted to his
Itwo (2) years to be
IjfOrmer class or any
in any such class in
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lower class upon the first vacancy occurring
the department provided he possesses the
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requirements of knowledge, skill and experience for such
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and such right shall take precedence over the regular
19 ployment or promotion lists. In the event more than one employee
,as so laid off, demoted or transferred from su~~ class the rights
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ore-employment, transfer or promotion to such class shall be in
~~e order of seniority in said class before lay-off, transfer or
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emotion. "
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"Rule 513. Disciplinary Actions. A regular employee may
25 be disciplined by dismissal, demotion, transfer or suspension, as
26 provided in Sections 254 or 256 of the Charter and in accordance
27 with Rules 513.1 through 513.5. Disciplinary actions inVOlving
28 disability or like causes shall be denominated by the specific
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: actions sought to be undertaken, and an employee who has been
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idismissed or suspended hereunder due to a physical or mental
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jdisability shall not be referred to as having been disciplined."
I "Rule 515. Reinstatement.
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I!regular employee may be reinstated to a position in the same class
liif there is need for his services wi thin a year after his
I'resignation, or within the same period he may be permitted to
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li;.Ti thdraw his resignation and his name may be placed on an
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!!appropriate eligible list. An employee on leave of absence shall
ilbe entitled to reinstatement on or before the date of the
!lexpiration of his leave."
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i SECTION 2. Rule 309 concerning waiver of disability of
Is aid Civil Service Rules and Regulations is hereby repealed.
A resigned probationary or
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I HEREBY CERTIFY that the foregoing resolution was duly
I adopted by the Civil Service Board of the City of San Bernardino
at
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a meeting thereof held on the cJ<!-/ day of /~ ;:j;?(/f.'
'l~d7,'4~4 / ;f~~.A~' ~
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',19731
AYES:
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NAYS:
'77 #7'L
0f9.7'~'
ABSENT:
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Ch~ef Exam~ner and Secretary
to the Civil Service Board
rliPproved as to
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iCi ty Attorney
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form:
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