HomeMy WebLinkAbout20 - Reformatted Civil Service RulesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 20
April 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Human Resources Department
Barbara Ramsey, Human Resources Director
(949) 6443303, bramsey@city.newoort- beach.ca.us
SUBJECT: Reformatted Civil Service Rules
ISSUE:
Should the City Council approve the reformatted Civil Service Rules and Regulations?
RECOMMENDATION:
Approve updated and reformatted Civil Service Rules.
DISCUSSION:
Since I have been serving as Secretary to the Civil Service Board, one of my goals has
been to organize and update the Civil Service Rules. They were originally developed in
1974 with reference to the City Charter and Ordinance #866. Each time a rule is
changed or a new rule approved by the City Council, it is added to an exhibit at the end
of the rules. This has been somewhat confusing when referring to the rules and
therefore we have incorporated all previous changes and additions into the new
reformatted rules and updated the Table of Contents. Included in your packet are the
old rules with notations where we made changes as well as a copy of the final revisions.
Please note that there are no major changes or additions to the rules.
These changes were reviewed and approved by the Civil Service Board at the April 7,
2008 meeting. If City Council approval is obtained, we will remove the existing "Exhibit
A," which documents revisions, and save it for historical purposes. A new Exhibit A will
be started as revisions are made and eventually we will incorporate them into the
document. We will also place the new reformatted rules on the Internet and Intranet for
employees and the public to reference. The City Attorney's Office, Police, Lifeguard
and Fire Associations have reviewed these changes.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Civil Service Rules
April 22, 2008
Page 2
Public Notice: This agenda item has been noticed according to the Brown Act (72
hours in advance of the meeting at which the Council considers the item).
Prepared & Submitted by:
Barbara Ramsey
Human Resources Director
Attachments: Old Civil Service Board Rules & Regulations with change notations
Proposed Reformatted Civil Service Rules & Regulations
CITY OF NEWPORT BEACH
CIVIL SERVICE BOARD
RULES AND REGULATIONS
NOTE:
PROCEDURES AND ANY NEW AMENDMENTS ARE RECORDED IN EXHIBIT A.
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
SECTION I PURPOSE ................................................................. ..............................4
SECTION II ENABLING LEGISLATION ....................................... ..............................4
SECTION III DEFINITIONS ............................................................ ..............................4
SECTION IV CIVIL SERVICE SYSTEM ......................................... ..............................7
400. Establishment ..................................................................................................... ..............................7
401. Positions Included .............................................................................................. ..............................7
402. Purpose ............... _ ....................... _ .................................................................................................... 7
403. Fair Employment ................................................................................................ ............................... 7
SECTION V CIVIL SERVICE BOARD ........................................... ..............................8
500. Creation ......... ...................................................................................................... ..............................8
501. Responsibilities and Authority ............. ........................................................... ...............................
8
501.1 Meetings ..................................................................................................... ..............................8
501.1.1 Types of Meetings ....................................................................... ..............................8
501.1.2 Quorum ........................................................................................ ..............................8
501.1.3 Notice ........................................................................................... ..............................8
501.1.4 Agenda ........................................................................................ ..............................8
501.2 Recruitment, Examination and Selection ................................................ ...............................
9
501.2.1 Recruitment ................................................................................. ..............................9
501.2.2 Examination ................................................................................. ..............................9
501.2.3 Selection ................................................................................... ...............................
12
501.2.3.1 Employment Lists .................................................... ...............................
12
501.2.3.2 Other Appointments and Personnel Actions ..........................................
16
501.2.3.3 Probation Period ..................................................... ...............................
17
501.3 Disciplinary Actions, Appeals, and Hearings .......................................... ...............................
18
501.3.1 Disciplinary Actions ..................................................................... .............................
18
501.3.2 Appeals ..................................................................................... ...............................
18
501.3.3 Hearings ............................................................................................... ...............................
18
501.4 Investigations ......................................................................................... ............................... 19
501.5 Advisory Role ......................................................................................... ............................... 19
501.6 Rules and Regulations ........................................................................... ............................... 19
2
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
SECTION VI CITY MANAGER...,
600. Responsibilities and Authority .....
600.1 Rules and Regulations.........
600.2 Class Specifications .............
600.3 Personnel Procedures..........
.......... .............................20
................ ............................... 20
................ ............................... 20
................ ............................... 20
................ ............................... 20
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS ......... .............................20
700. Intent ................................................................................................................. ............................... 20
701. Selection Process ............................................................................................ ............................... 20
SECTION VIII REPEAL........
SECTION IX SEVERABILITY
3
...... .............................21
..............21
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
SECTION PURPOSE
The purpose of the Rules and Regulations contained herein is to implement the provisions of Ordinance
No. 866, an Ordinance relating to Civil Service.
SECTION II ENABLING LEGISLATION
The establishment of these Rules and Regulations is authorized by Section 5 (b) of Ordinance No. 866.
SECTION III DEFINITIONS
The following terms, whenever used in these Rules and Regulations, shall be construed as follows:
Acting Appointment
The temporary appointment of a person to a position in a class for which there is no employment list; to a
position occupied by a regular employee on suspension as provided in Section 7(e) of Ordinance No. 866;
or to a position occupied by a probationary or regular employee who is on a leave of absence.
Allocation
The assignment of a single position to the proper class in accordance with the specifications for that class.
Applicant
A person whose application for employment has been accepted, but who has not yet taken part in the
selection procedure for a class.
Board
The Civil Service Board established pursuant to Ordinance 866 and the Newport Beach City Charter.
Candidate
An applicant who is participating in the selection procedure for a class.
Certification
The act of notifying a department head of the candidates whose names appear on employment lists as set
forth in Section 9(f) of Ordinance No.866.
Citv
The City of Newport Beach.
City Charter
The City Charter of the City of Newport Beach.
City Council
The City Council of the City of Newport Beach.
Class
A group of positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications for
employment to permit combining them under a common title and the equitable application of common
standards of selection and compensation.
Class Specifications
A written description of a class, setting forth factors and conditions which are essential characteristics of
positions in the class.
Continuous Service
The service without break or interruption of an employee having a probationary or regular appointment.
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
Copyrighted or Standardized Tests
Written examinations which are used by agencies other than the City of Newport Beach.
Demotion
The reduction of an employee from a position in one class to a position in another class which has a lower
maximum rate of compensation.
Department Director
An employee who is the head of an established office or department.
Discharge
The termination of a regular employee pursuant to Section 14 of Ordinance No. 866.
Eligible
A person whose name appears on an employment list.
Employee
A person legally occupying a position.
Employment Lists
As described in Section 9 of Ordinance No. 866, a list of the names of candidates who are eligible for
probationary appointments to positions in a particular class.
Entry Level Position
A position in the first or beginning Gass in a series of classes which have increasingly responsible duties
and progressively higher minimum qualfcations and compensation.
Exempt Position
Those positions which either are specifically excluded by the City Charter from the Civil Service System or
which are not included in the System in accordance with Section 2 of Ordinance No. 866.
Lateral Entry
This is an open list for the hiring of experienced persons in defined classes — as set by the Civil Service
Board — at a level of pay commensurate with the level of experience. In some cases, experience will take
the place of the written exam ----------------------------------------------------- celetep:(CSB: 10/2178)
Layoff
As an economy measure, the separation of an employee because of lack of work or lack of funds.
Open Recruitment
A recruitment that is not restricted to City Employees.
Oral Board
No fewer than three (3) persons, selected by the Department Director or the City Manager or their
designee, qualified to orally examine candidates.
Original Appointment
A person's first appointment as an employee of the City of Newport Beach.
Permanent Position
A positron that is expected to exist indefinitely.
Position
A combination of current duties and responsibilities assigned to a single employee and performed on
either a full -time or part-time basis.
Probationary Status
The status of a person who has acquired a probationary appointment.
Newport Beach Civil Service Board Rules & Regulations Updated March M
Probation Period
A working test period that is part of the selection process and during which an employee is required to
demonstrate his/her fitness for the duties of the position to which he/she has been assigned by actual
performance of such duties.
Promotion
The advancement of an employee from a position in one class to a position in another class which has a
higher maximum rate of compensation.
Promotional Recruitment
A recruitment that is restricted to City employees.
Qualifications Appraisal Board
Unless otherwise designated shall be synonymous with "oral board ".
Reallocation
The reassignment of a single position in a class to be in a different class on the basis of a change in the
duties and responsibilities of the position.
Reassignment
The change of an employee by a Department Director from a position in a class to another position in the
same class.
Recruitment
The process of attracting qualified persons to participate in a selection process for a class.
Regular Employee
An employee who has successfully completed his /her probationary period in a position.
Regular Status
The status of an employee who has acquired a regular appointment.
Reinstatement
The reemployment of a former employee.
Refection
The separation from the City service of an employee who does not successfully complete his/her
probation period in a position and who does not have regular status in another position in a different class;
or, the reduction of an employee who did not successfully complete his/her probation period in a position
to another position in a different class in which he /she has acquired regular status.
Resignation
An employee's voluntary separation.
Rules and Regulations
The Civil Service Rules and Regulations adopted pursuant to Ordinance No. 866.
Selection
The process of evaluating the qualifications of candidates through one or more techniques.
Separation
The termination of an employee's service with the City.
Suspension
The temporary separation of an employee as a disciplinary action.
System
The Civil Service System created in accordance with Ordinance No. 866 and the Newport Beach City
Charter and including only those positions to which the provisions of Ordinance No. 866 apply.
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
Temporary Position
A position of limited duration.
Transfer
A change of an employee from one position to another position in the same class or in another class
having the same maximum salary rate, involving the performance of basically similar duties, and requiring
substantially the same minimum qualifications.
Vacancy
A position that is not occupied by an employee having either a probationary or regular appointment.
SECTION IV CIVIL SERVICE SYSTEM
400. Establishment
The Civil Service System within the City of Newport Beach was established pursuant to Article VIII
of the City Charter.
401. Positions Included
All full -time, regular and permanent positions of employment in the Police and Fire pepa_rtments_ _ - Deleted: & Marine
are included in the System, except those positions excluded by Section 802 of the City Charter.
The City Council by ordinance may include in the System positions in other Departments- _ _ _ _ _ _ - _ _ Deleted; +
402. Purpose
The purpose of the Civil Service System is to establish an equitable and uniform procedure for
dealing with personnel matters; to attract to the City service the most competent persons
available; to assure that the appointment and promotion of employees will be based on merit and
fitness; and to provide reasonable security for employees.
403. FairEmplovment
No appointment to, promotion to, or removal from a position shall be affected or influenced in any
manner by sex, race, color, creed, nationality, age, political or religious opinion or affiliation,
except as provided elsewhere in this or other City resolutions, or under the terms and conditions
of any contractual agreement.
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
SECTION V CIVIL SERVICE BOARD
500. Creation
A Civil Service Board, consisting of five members, is appointed by the City Council in accordance
with the City Charter. lEach of the members shall be a person of good repute in his business,
Profession or occupation and known to support civil service principles in the public service _ - COMMent [all: ar IMW Added
rvor&.gw a:etch Muni Cade.
501 Responsibilities and Authority
501.1 Meetings
The Board shall determine the order of business for the conduct of its meetings; hold
regular meetings at least once a month and such special meetings as are necessary on
call of the Chairman or a majority of the members of the Board, and keep a record of its
proceedings and transactions.
501.1.1 Types of Meetings
A. Regular
Regular meetings of the board shall be held on the first Monday of each
month at 5:00 p.m., in the City Hall Council Chambers. If any such
Monday falls on a City holiday the meeting shall be held on the next
succeeding Wednesday at the same time and place. Any other meeting
of the Board shall be a special meeting— _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4 Deleted:'
B. Special
Special meetings of the Board shall be held on call of the Chairman or
majority of the members of the Board. Such meetings shall be held at
such time and place as are designated in the call.
501.1.2 Quorum
A majority of the members of the Board shall constitute a quorum for the
transaction of business. An affirmative vote of a majority of the members
present shall be necessary to exercise any of the functions or authority of the
Board.
501.1.3 Notice
Under general direction of the Board, a written notice of each regular and special
meeting shall be posted in the City Hall, Police Department, and each Fire
Station. Such notices shall be posted before 2 p.m. of the Thursday next
preceding a regular meeting, and at least 24 hours in advance of the time of a
special meeting. Such notices shall contain the date, time, place of, and an
agenda for, each such meeting. Notices of special meetings shall include the
name or names of Board members calling such meetings.
501.1.4 Agenda
All written communications to the Board, and any matter to be considered by the
Board, where practical, shall be summarized in the Agenda. No matter shall be
considered by the Board at a special meeting unless It appears on the Agenda.
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
501.2 Recruitment. Fxamination and Selection
The Board shall establish policies and approve procedures of the recruitment and
selection of Civil Service personnel, including, but not limited to, the posting of recruitment
notices, the preparation and scoring of examinations, and the establishment and
certification of employment lists.
501.2.1 Recruitment
Recruitments shall be specked by the Board as promotional or as open. Insofar
as practicable and consistent with the best interests of the City service, all
vacancies shall be filled by promotion.
A. Recruitment Notices
Notice of any open or promotional recruitments shall be posted not less
than two weeks prior to the final date for submitting applications. The
information required by paragraph D., below, may be included in the
recruitment notice.
B. Applications
The Board shall have the right to require all applicants to submit
applications, agreements, or statements pertinent to their employment.
C. Rejection of Applications
Applications for employment on the basis of either an open or
promotional recruitment may be rejected for any of the following reasons:
Failure of the applicant to indicate conformity with all of the
announced minimum qualifications.
2. False statements by the applicant on his/her application with
regard to any material fact.
3. Failure of the applicant to submit an application within the time
specified in the examination process.
D. Examination Announcements
Examination announcements shall be posted not less than two weeks
prior to the final date for submitting applications. Such posting shall be in
a conspicuous place at the City Hall, at the Office of the appropriate
Department, and at such other places as the Board deems appropriate.
In addition to a description of the examination scope and the relative
weight of each test to be given, the examination announcement shall
contain information on salary, final date for submitting applications,
working conditions, minimum qualifications, and other information of
interest to a prospective applicant.
501.2.2 Examination
A. Scope
The scope of an examination for a class shall be approved by the Board
and stated in the examination announcement. It may consist of any one
or a combination of the following techniques: written, oral and
demonstration tests; an appraisal of education and experience; and any
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
test of manual skills or physical fitness which fairly evaluates the
candidates.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
_ -
Deleted: Unless otherwise specified
by the Board, examination scopes
Applicants will not be permitted to the examination process if they have
and the relative weights for all phases
participated in a previous examination by the City of Newport Beach for
of an examination will be as specified
in Appendix A.
the same position within the last six month period. On a case by case
basis, the Civil Service Board may waive this rule for promotional testing
only when recommended by the Police or Fire Chief, _ _ - _ -
Lateral candidates may not be required to take a written examination.,_ _ _- - - j Delebed: (CSB: 10!2179)
B. Passing Scores
I . The minimum passing score shall be 70 percent for written and
performance tests and for ratings by Qualifications Appraisal
Boards. For written test such 70 percent need not be the
arithmetical 70 percent of the total possible score but may be an
adjusted score based on a consideration of to what extent, If any,
the test has been validated; the number of competitors; and the
number of existing and contemplated vacancies. Any such
adjusted score shall be established before the candidates' test
papers are identified.
2. The following tests shall be scored on a pass -or -fail basis using
the standards specified:
(a) Typing dictation and other skills tests
Minimum scores as prescribed in the class
specifications.
(b) Physical agility test
Completion of the test prescribed in a policy adopted by
the Board motion within the time limit set forth in such
policy.
(c) Medical examination
Possession of the minimum physical requirements
described in a policy adopted by Board motion and as
determined, in each examination, by the City's Medical
Examiner.
jd�_ _ _ Psychological evaluation ------------------------
Deleted: 4
71
Emotional maturity and stability as determined by the Amendment: e01 ... A (). see
City's Psychologist or Psychiatrist in accordance with Exnib@A.Q
standards established by law.
(e) Inspection of Examination Papers
The examination papers of candidates are not subject to
inspection by the public.
f) Written tests
Upon request made within seven days after the
notices of the examination results have been
mailed, any candidate may inspect his/her own
examination papers, including the questions and
10
Newport Beach Civil Service Board Rules R Regulations Updated March 2008
answers, excepting copyrighted or standardized
tests. On copyrighted or standardized tests the
candidate may review the accuracy of scoring
and computations by comparing his/her answer
sheet with the key answer sheet.
2) Other tests
The written comments of a Qualifications
Appraisal Board and the written evaluation of a
psychiatrist, if any, shall not be reviewed by the
candidate; on request of the candidate, his/her
rating by the Qualifications Appraisal Board shall
be summarized for his/her information. Requests
must be made within seven days after
notification of the results of the Qualifications
Appraisal Board.
(f) Review Procedure
If the candidate believes an error has been made in the
grading of his/her examination or in the credit given to
him, he /she may within twelve days after the mailing of
examination results make written application to the
Board for a review; provided, however, that in such
application he /she must state specifically and particularly
wherein he /she believes an error has been made.
Upon receipt of such application and in no case later
than its next regular meeting, the Board shall examine
the candidate's papers and grades. Any error or injustice
shall be corrected, and any change in the order of
standing of candidates as a result thereof shall be made
by the Board. No appointments shall be made by the
Board. No appointments shall be made from the
employment lists until the Board has acted upon such
application. The Board's decision shall be final.
(g) Discualification of Candidates
A candidate for employment on the basis of either an
open or promotional recruitment may be disqualified for
any of the following reasons:
1) Any fraudulent practice by the candidate in
connection with any phase of the recruitment
and selection procedure.
2) Failure of the candidate to appear as scheduled
for any phase of the selection procedure.
3) Disclosure of an unsatisfactory record in the
background investigation.
4) Failure to attain a satisfactory score on any test
conducted as part of the selection procedure.
11
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
501.2.3 Selection
501.2.3.1 Employment Lists
A. Priorities
Priority for consideration for employment shall be given to
employment lists in the following order. reemployment lists,
promotional employment lists, and open employment lists.
B. Reemployment Lists
1. Defined
A reemployment list for a class shall consist of the
names of the following:
(a) Regular Employees
1) Layoff
Regular employees who have been laid
off for lack of work or lack of funds.
2) Position Reallocation
Regular employees whose positions in a
class have been reallocated to a class
with a lower maximum rate of
compensation.
Such names shall be placed on the list
in the reverse order of layoff or position
reallocation. The order of layoff or
position reallocation shall be on the
basis of inverse employee seniority in
the class.
(b) Probationary Employees
The names of probationary employees who are
laid off or reduced in rank for lack of work or lack
of funds shall be restored to the same
promotional or open employment list from which
the original appointment was made and in the
same order as when the original appointment
was made.
2. Expiration
A reemployment list shall remain in effect until exhausted
by the removal of all names on such list as herein
provided.
3. Removal of Names
A person's name shall be removed from a reemployment
list for any of the following reasons:
12
Newport Beach Civil Service Board Rules & Regulations Updated Maroh 2006
(a) If he /she fails to respond within seven (7)
calendar days to a certified mail, return- receipt-
requested inquiry concerning his/her interest in
being reemployed to a current vacancy.
(b) If he /she declines reemployment to a currently
existing vacancy.
(c) Disclosure of any conduct that would be grounds
for demotion, suspension, or discharge.
(d) If the medical examination, required as a
condition of reemployment, discloses any mental
or physical disability that would be a reason for
demotion or discharge on the grounds of in
competency.
(e) Reemployment of the person.
C. Promotional Employment Lists
1. Defined
Promotional employment lists shall consist of the names
of City employees who have been successful in a
promotional recruitment and examination.
2. Expiration
A promotional employment list shall expire one year after
the date of the employment list unless exhausted sooner
by promotion or termination of all employees whose
names appear on such list or the list is vacated sooner
by the Civil Service Board as provided herein. The fist
may be extended for an additional year on
recommendation of the Department Director and
approval of the Board. Candidates on the promotional
employment list shall receive thirty (30) days advanced
notice of the additional year extensions _ _ _ Deleted; a
Removal of Names
A candidate's name shall be removed from a promotional
employment list for any of the following reasons:
(a) Termination of his /her City employment.
(b) If requested by the candidate.
(c) If the candidate declines an offer of appointment
to three (3) different vacancies.
(d) If subsequent to the establishment of the
employment list, there is evidence that the
candidate does not possess the minimum
qualifications required for appointment at the
time the recruitment was undertaken.
13
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
D. Oven Employment lists
Defined
Open employment lists shall consist of the names of all
candidates who have been successful in an open
recruitment and examination.
2. Expiration
An open employment list shall expire one year after the
date of the employment list or if the list is vacated sooner
by the Civil Service Board as provided herein. The list
may be extended for an additional year on
recommendation of the Department Director and
approval of the Board _ _ _ _ _ _ - _ - 4 Deleted: d
3. Removal of Names
A candidate's name shall be removed from an open
employment list for any of the following reasons:
(a) If the candidate fails to appear as scheduled for
an interview with the Department Director in
response to a written request to do so.
(b) Failure of the candidate to reply within seven (7)
calendar days to a certified mail, return- receipt-
requested Inquiry concerning his/her interest in
remaining on the employment list or in being
considered for a current vacancy.
(c) If subsequent to the establishment of the
employment list, there is evidence that the
candidate does not possess the minimum
qualifications required for appointment at the
time the recruitment was undertaken.
(d) If requested by the candidate.
(e) If the candidate declines an offer of appointment
to a currently existing vacancy.
E. Notification and Appeal of Removal
1. Notification
A candidate or person whose name has been removed
from any employment list, or any applicant whose
application has been rejected, shall be promptly notified
in writing of the reasons for such action and of his/her
right to appeal.
2. Appeal
Within five (5) calendar days after such notification is
mailed to the addresses indicated on his /her application,
the candidate, person, or applicant may appeal such
action to the board, provided he /she states in writing the
14
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
specific reason or reasons he/she believes the action of
removal or rejection to have been in error. Upon receipt
of such statement and appeal, the Board shall promptly
schedule a hearing and the applicant shall be notified of
such hearing.
(a) Reemployment and Promotional Employment
Lists
In the case of an appeal resulting from the
removal of a candidate's name from a
reemployment or promotional employment list,
an existing vacancy shall be maintained for each
appeal until the Board has acted on such appeal.
(b) Open Employment Lists
In the case of an appeal resulting from the
removal of a candidate's name from an open
employment list, an appointment may be made
from such list before the Board acts on the
appeal.
(c) Redaction of Applications
An appeal of the rejection of an application shall
not haft the examination process; if the appeal is
resolved in the applicant's favor he/she shall
participate on an individual basis in those tests, if
any, which occurred during the appeal process
so that the applicant may have an opportunity to
compete on an equal basis with other applicants.
Authority to Vacate Employment Lists
The Civil Service Board may at any time vacate any promotional
or open employment list, and thereafter no person on any list so
vacated shall be appointed unless such person makes a new
application, is examined, and qualifies as if such person had not
been on the list so vacated.
G. Certification of Employment Lists
Subject to the provisions of Ordinance No. 866 and sections of
these rules and regulations with respect to reemployment lists
and the selection of the Police and Fire Chiefs, when an
appointment is to be made the names of the highest three (3)
eligibles willing to accept appointment shall be certified to the
Department Director in the order in which they appear on the
appropriate employment list and the appointment shall be limited
to these eligibles. When a promotional or open employment list
contains fewer than three (3) names, a new employment list shall
be established on written request of the Department Director in
order that the names of three (3) eligibles can be certified to the
Department Director.
is
Newport Beach Civil Service Board Rules & Regulations Updated Maroh 2008
501.2.3.2 Other Appointments and Personnel Actions
A. Acting Appointments
Absence of Employment Lists
In the absence of an employment list for a class, a
vacant position may be filled by an acting appointment.
hi0 cradd shall be allowed in any examination or the
establishment of any employment list for service
rendered under an acting appointment ----------------- C.ormment [a2y snros: Added
wordm8 match Mani Code.
2. Absence of Regular Employee
(a) Suspension
During the period of suspension of a regular
employee from a position or pending final action
on proceedings to review the suspension,
demotion, or dismissal of a regular employee,
the position may be filled by an acting
appointment.
(b) Leave
During the period that a regular or probationary
employee is on a leave of absence, the positron
may be filled by an acting appointment.
3. Limitations
An acting appointment shall be limited to ninety (90)
calendar days in any 12 month period unless extended to
a maximum of an additional ninety (90) calendar days on
written recommendation by the Department Director and
approval by the City Manager.
B. Temporary Positions
Appointments to temporary positions need not be made from
employment lists. Such appointments shall be limited to 120
calendar days in any 12 month period unless extended by the
Department Director and approved by the City Manager.
C. Transfers
With the approval of the City Manager an employee may be
transferred from one position to another. Transfers shall not
affect in any way the status, rights, and privileges of an employee
under Ordinance No. 866.
D. Reinstatements
On recommendation of the Department Director and approval by
the City Manager, a former employee may be reinstated to the
class of position he/she occupied at the time of his/her
termination, irrespective of the existence of an open or
promotional employment list for the class, subject to the following
conditions.
16
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
There must be vacant position in the class and no
reemployment lists for such class.
2. The employee must have completed at least one year of
continuous service in the class immediately prior to
his /her termination.
3. The employee must have terminated his /her City
employment under favorable conditions.
4. The reinstatement must occur within two (2) years of
his /her termination: - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: (csa 1012n8)
5. The employee may be required to serve a probation
period.
6. The employee will be required to take a medical
examination at his/her expense and as prescribed by the
City Manager.
501.2.3.3 Probation Period
A. Defined
A probation period is a working test period that is part of the
selection process and during which an employee is required to
demonstrate his /her fitness for the duties of the position which
he /she has been assigned by actual performance of such duties.
B. Application
A probation period shall apply to all appointments to positions
included in the System except acting appointments.
C. Length
The normal length of a probation period shall be twelve (12)
months. On written recommendation by the Department Director
and approval by the City Manager, however, an employee's
probation period may be extended for a maximum of six (6)
months beyond the normal twelve (12) month period. The
purpose of such extension shall be to allow the Department
Director additional time to evaluate the employee's job
performance.
D. Resection During Probation
Initial Appointment
At any time during which an employee is serving an initial
probationary period, he /she may be discharged without
cause and without the right of appeal to the Civil Service
Board.
2. Promotion
In the event of promotion to a position in a higher class
and at any time within his/her probation period in that
position, an employee may be rejected by the
Department Director and reduced to such position
he/she occupied prior to such promotion without right of
17
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
appeal to the Board, provided he /she had acquired
regular status in such former position. If the employee
had not acquired regular status in the System prior to
such promotion, he /she may be discharged without right
of appeal to the Board.
E. Notification to Employee
After the first twelve (12) months of the probation period have
elapsed, the employee shall be advised in writing whether or not
he /she has successfully completed his/her probation period. If
not, and if an extension of his/her probation period has been
approved, he /she shall be advised in writing of his /her status
when such extension expires.
501.3 Disciplinary Actions. Appeals. and Hearinas
Pursuant to the City Charter and Ordinance No. 866, the Board shall receive and hear
appeals submitted by any employee, or any applicant or candidate for a position, in the
System relative to original appointment, promotion, dismissal, demotion, suspension and
other disciplinary actions; the alleged violation of Ordinance No. 866 or these rules and
regulations; and certify its findings and recommendations. The Board shall also receive
and hear appeals submitted by city employees not included in the System to the extent,
and in the manner, speed by ordinance, resolution or other action of the City Council.
The hearing procedures (Subsection 501.3.3) shall be applicable to all appeals ----------- Deleted: 5
501.3.1 Disciplinary Actions
Employees in the System may be demoted, suspended or discharged only on
the following grounds: incompetency, inefficiency, dishonesty, misconduct,
insubordination, orfailure to observe Departmental or City rules and regulations.
501.3.2 Appeals
The Board shall convene in regular or special meetings for the purpose of
reviewing appeals of regular employees as follows: Any regular employee in the
System who has been suspended, demoted, or discharged may, within a period
of five (5) days after such action, request of the Department Director a written
statement of the reasons for such action. The Department Director shall furnish
such statement within five (5) days thereafter. The employee may, within ten
(10) days thereafter, file a written answer to such reasons with the Board. The
Board shall within fifteen (15) days investigate the case and shall schedule a
hearing. The hearing shall be a closed hearing at the request of the employee.
501.3.3 Hearings
A. In General
The Board hearings need not be conducted according to technical rules
relating to evidence and witnesses.
B. Right of Counsel
The employee may be represented by counsel and shall have the right to
produce witnesses to testify in his/her behalf. The Board shall issue
subpoenas and compel the attendance of all witnesses.
18
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
C. Modification of Department Directors Action
The Board may modify or revoke a disciplinary action only on the
following grounds:
1. The facts do not justify the action taken.
2. A substantive violation or omission of procedure was made.
3. The action taken was unreasonable, capricious or arbitrary in
view of the offense, the circumstances surrounding the offense,
and the past record of the employee.
D. Reimbursement of Loss of Pav
An employee shall be reimbursed for a loss of pay arising from a
disciplinary action against him/her to the extent that it is subsequently
revoked or modified by the Board. Reimbursement shall be confined to
the period of time between the date of such disciplinary action and the
date of the Board's final decision as set forth in section 501.3.3.E.
hereafter.
E. Findings
The Board shall certify copies of its findings and decisions to the City
Manager, the Department Director from whose action the appeal was
made, and the appellant employee. The Board's decision shall be final.
501.4 Investigations
The Board shall make any investigation concerning the administration of personnel in the
City service and report its findings to the City Council and City Manager when requested
to do so by the City Council, the City Manager or by any organized City employees
association.
In any investigation or hearing it conducts, the Board shall have the authority to examine
witnesses under oath and to compel their attendance or the production of evidence before
it by subpoenas issued in the name of the City and attested by the City Clerk. It shall be
the duty of the Police Chief to cause all such subpoenas to be served, and refusal of a
person to attend or to testify in answer to such subpoenas shall subject said person to
prosecution in the same manner set forth by law for a failure to appear before the City
Council. Each member of the Board shall have the power to administer oaths to
witnesses.
501.5 Advisory Role
The Board shall act in an advisory capacity to the City Council on personnel
administration in the City service.
501.6 Rules and Regulations
The Board shall recommend to the City Council, after approval by the City Attorney and
after a public hearing thereof, the adoption, amendment, or repeal of Rules and
Regulations to implement the provisions of Ordinance No. 866. After adoption by motion
of the City Council, such Rules and Regulations shall have the force and effect of law.
19
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
SECTION VI CITY MANAGER
600. Responsibilities and Author
600.1 Rules and Reaulations
The City Manager shall be responsible for preparation of amendments to the Rules and
Regulations for recommendation to the board. The City Attorney shall approve the legality
of such amendments prior to their submission by the Board to the City Council for its
approval. Rules and Regulations shall be adopted by motion of the City Council.
600.2 Class Specifications
The City Manager shall be responsible for, subject to approval by the Board, the
preparation and revision of class specifications for positions included in a system. ------ _ _ Deleted: this
600.3 Personnel Procedures
The City Manger shall be responsible for administration of Board policies and procedures
within the framework of Ordinance No. 866 and these Rules and Regulations, including:
1. Public announcement of vacancies and examinations and the review of
applications for employment.
2. Preparation and conduct of examinations and the establishment and use of
employment lists.
3. Certification and appointment of eligibles.
4. Evaluation of employees during probation periods and periodically thereafter.
5. Appointment, transfer, promotion, demotion, rejection, layoff, dismissal and
reinstatement of employees.
6. Allocation of positions to classes on the basis of duties, responsibilities and
minimum qualifications.
7. Maintenance and use of personnel records.
8. Maintenance of effective communications between employees and their
supervisors; between employees and the City Manager, and between employees
and the Board relative to conditions of employment.
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS
700. Intent
It is the intent of this section that vacancies in the positions of Police Chief and Fire Chief be filled
by the best qualified persons available as determined by competitive examination. Qualifications
being substantially equal, preference shall be given to candidates in the Newport Beach Police
and Fire Departments who qualify under the selection process herein described. This section shall
not be construed to include the positions of Police Chief and Fire Chief in the System.
701. Selection Process
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among
the candidates whose names appear on an open employment list for the class. Such list shall be
created as a result of an examination consisting of a written test weighted at 50 percent and a
0
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
qualifications appraisal weighted at 50 percent. The minimum qualifying score on each phase of
the examination shall be 70 percent.
A. The written test shall be prepared by a professional personnel agency designated by the
City Manager with the approval of the Civil Service Board.
B. The Qualifications Appraisal Board which interviews candidates successful on the written
test shall consist of the following:
1. The Chairman and one other Board member selected by the Board.
2. Two chiefs selected by the Board from other police or fire departments in cities
with populations comparable to Newport Beach.
3. One person selected by the City Manager.
C. The scope of the written test and the factors to be rated by the Qualifications Appraisal
Board shall be jointly established by the City Manager and the Board.
D. In order to be eligible to compete in the selection process for Police Chief or Fire Chief, all
candidates must possess the minimum qualifications set forth in the class specifications.
Such class specifications shall be prepared by the City Manager with approval of the
Board.
SECTION VIII REPEAL
All Civil Service Rules and Regulations operative on the effective date of the Rules and Regulations
contained herein are repealed.
SECTION IX SEVERABILITY
If any section, subsection, sentence, clause, phrase or portions of these Rules and Regulations, or any
additions or amendments there to, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of these Rules and Regulations or their application to other
persons. The City Council hereby declares that it would have adopted these Rules and Regulations and
each section, subsection, clause, phrase or portion, and any additions and amendments thereto,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions, or the application thereof to any person, be declared invalid or unconstitutional.
Rules approved by motion of the City Council effective February 11, 1974.
_ _ _ - - - I Deleted: Amended October 2,19W
Amended June 3, 19981
Amended November 23, 19981
Amended December 7,
1998Amended July 24, 20071
21
Newport Beach Civil Service Board Rules & Regulations Updated March 2008
I-------------------------------------- -- - - -- - -- --------- -- - - --
22
Deleted: EXHIBIT Al
9
Amemlments were adopted m fotows:9
9
October 2,1995 1
9
401. was modified to read "Fire &
Marine Department ", replacing 'Fire
Deparbnenf' due to the merger of the true
departmental
al
9
501.1.1 was modified to read "Regular
meetings of the board shall be held on the
rust Monday of each month at 5:00 p.m:'
since meetings are no longer held at 7:30
p.m.¶
9
9
Juce 3. 1996:9
9
501.2.3. LcA was repealed. It read: "Use
of B.dinu. For promotional
opportunities at the Police Department,
the eligible list will consist of the names
ofthe three top qualifiers in alphabetical
order. No numbers will be used to
distinguish their ranking. The only
individuals to have access to ten scores
for the top three qualifiess are the
Administrative Services Dirsetm, the
Hunan Resources Manager, and the
Chief of Pohce:'¶
9
9
November 23. 1998:9
9
501.2.3. I.c1 was modified to read "The
1¢t may be extended fu an additional
year on recommendation of the
Department Direct. ead the approval of
the Board Candidates on the promotional
employment list shall receive thirty (30)
days advanced notice of the additional
year extension."9
9
501.2.3.IA2 was modified to read "The
list may be extended fet an additional
year on recommendation of the
Department Director and approval of the
Board.-9
9
9
December 7 1998:9
501.3 was modified to read "Pursuant to
the City Chart and Ordinance No. 866,
the Board shall receive and her appeals
submitted by any employee, or any
applicant. candidate far a position, in
the System relative to original
appointment, promotion, dismissal,
demotion, suspension and other
disciplinary actions; the alleged violation
of Ordinance No. 866 or the. rates and
regdations; and certify its findings and
recommendations. The Board shall also
receive and hear appeals submitted by
city employees not included in the
System to the errent, and in the mamrer,
specified by ordinance, resolution our
other action of the City Council. The
hearing procedures (Subsection 501.3.3)
shall be applicable to all appeals.'77T
Page 22: [31 Delebed adminsetup 03/03/2008 9:54:00 AM
EXHIBIT A
Amendments were adopted as follows:
October 2. 1995:
401. was modified to read "Fire & Marine Department', replacing "Fire Department' due
to the merger of the two departments.
501.1.1 was modified to read "Regular meetings of the board shall be held on the first
Monday of each month at 5:00 p.m." since meetings are no longer held at 7:30 p.m.
June 3, 1996:
501.2.3.1.c.4 was repealed. It read: "Use of Banding. For promotional opportunities at
the Police Department, the eligible list will consist of the names of the three top qualifiers
in alphabetical order. No numbers will be used to distinguish their ranking. The only
individuals to have access to test scores for the top three qualifiers are the Administrative
Services Director, the Human Resources Manager, and the Chief of Police."
November 23. 1998:
501.2.3.1.c.2 was modified to read "The list may be extended for an additional year on
recommendation of the Department Director and the approval of the Board. Candidates
on the promotional employment list shall receive thirty (30) days advanced notice of the
additional year extension."
501.2.3.I.d.2 was modified to read "The list may be extended for an additional year on
recommendation of the Department Director and approval of the Board."
December 7, 1998:
501.3 was modified to read "Pursuant to the City Charter and Ordinance No. 866, the
Board shall receive and hear appeals submitted by any employee, or any applicant or
candidate for a position, in the System relative to original appointment, promotion,
dismissal, demotion, suspension and other disciplinary actions; the alleged violation of
Ordinance No. 866 or these rules and regulations; and certify its findings and
recommendations. The Board shall also receive and hear appeals submitted by city
employees not included in the System to the extent, and in the manner, specified by
ordinance, resolution or other action of the City Council. The hearing procedures
(Subsection 501.3.3) shall be applicable to all appeals."
July 24, 2007:
6.501.2.2.A Add wording: On a case -by -case basis, the Civil Service Board may waive
this rule for promotional testing only when recommended by the Police or Fire Chief.
Civil Service Board
Rules &Regulations
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
SECTION PURPOSE
. ..............................1
SECTION II ENABLING LEGISLATION ....................................... ..............................1
SECTION III DEFINITIONS ............................................................ ..............................1
SECTION IV CIVIL SERVICE SYSTEM ......................................... ..............................4
400. Establishment .................................................................................................... ............................... 4
401. Positions Included
4
402. Purpose ................................................................................................................ ..............................4
403. Fair Employment ................................................................................................ ............................... 4
SECTION V CIVIL SERVICE BOARD ........................................... ..............................5
500. Creation ................................................................................................................ ..............................5
501. Responsibilities and Authority ..............
501.1 Meetings .......... ...............................
501.1.1 Types of Meetings ...........
501.1.2 Quorum ............................
501.1.3 Notice ...............................
501 1 4 Agend
a
...................................................... ............................... 5
...................................................... ............................... 5
...................................................... ............................... 5
...................................................... ............................... 5
...................................................... ............................... 5
5
....................................................................................... ...............................
501.2 Recruitment, Examination and Selection ................................................ ...............................
6
501.2.1 Recruitment ................................................................................. ..............................6
501.2.2 Examination ................................................................................. ..............................6
501.2.3 Selection ...................................................................................... ..............................9
501.2.3.1 Employment Lists ...................................................... ...............................
9
501.2.3.2 Other Appointments and Personnel Actions ........... ...............................
12
501.2.3.3 Probation Period ..................................................... ...............................
14
501.3 Disciplinary Actions, Appeals, and Hearings ........................................ ...................`........... 15
501.3.1 Disciplinary Actions ..................................................................... .............................15
501.3.2 Appeals ..................................................................................... ............................... 15
501.3.3 Hearings ................................................................................................. .............................15
501.4 Investigations ......................................................................................... ............................... 16
501.5 Advisory Role ......................................................................................... ............................... 16
501.6 Rules and Regulations ........................................................................... ............................... 16
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
SECTION VI CITY MANAGER ...................................................... .............................17
600. Responsibilities and Authority ....................................................................... ...............................
17
600.1 Rules and Regulations ........................................................................... ...............................
17
600.2 Class Specifications ............................................................................... ...............................
17
600.3 Personnel Procedures ............................................................................ ...............................
17
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS ......... .............................17
700. Intent ................................................................................................................. ............................... 17
701. Selection Process ............................................................................................ ............................... 17
SECTION VIII REPEAL ................................................................... .............................18
SECTION IX SEVERABILITY
I
18
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
SECTION I PURPOSE
The purpose of the Rules and Regulations contained herein is to implement the provisions of Ordinance
No. 866, an Ordinance relating to Civil Service.
SECTION II ENABLING LEGISLATION
The establishment of these Rules and Regulations is authorized by Section 5 (b) of Ordinance No. 866.
SECTION III DEFINITIONS
The following terms, whenever used in these Rules and Regulations, shall be construed as follows:
Acting Appointment
The temporary appointment of a person to a position in a class for which there is no employment list; to a
position occupied by a regular employee on suspension as provided in Section 7(e) of Ordinance No. 866;
or to a position occupied by a probationary or regular employee who is on a leave of absence.
Allocation
The assignment of a single position to the proper class in accordance with the specifications for that class.
Applicant
A person whose application for employment has been accepted, but who has not yet taken part in the
selection procedure for a class.
Board
The Civil Service Board established pursuant to Ordinance 866 and the Newport Beach City Charter
Candidate
An applicant who is participating in the selection procedure for a class.
Certification
The act of notifying a department head of the candidates whose names appear on employment lists as set
forth in Section 9(f) of Ordinance No.866.
Citv
The City of Newport Beach.
City Charter
The City Charter of the City of Newport Beach.
City Council
The City Council of the City of Newport Beach.
Class
A group of positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications for
employment to permit combining them under a common title and the equitable application of common
standards of selection and compensation.
Class Specifications
A written description of a class, setting forth factors and conditions which are essential characteristics of
positions in the class.
Continuous Service
The service without break or interruption of an employee having a probationary or regular appointment.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
Copyrighted or Standardized Tests
Written examinations which are used by agencies other than the City of Newport Beach.
Demotion
The reduction of an employee from a position in one class to a position in another Gass which has a lower
maximum rate of compensation.
Department Director
An employee who is the head of an established office or department.
Discharge
The termination of a regular employee pursuant to Section 14 of Ordinance No. 866.
Eligible
A person whose name appears on an employment list.
Employee
A person legally occupying a position.
Emplovment Lists
As described in Section 9 of Ordinance No. 866, a list of the names of candidates who are eligible for
probationary appointments to positions in a particular Gass.
Entry Level Position
A position in the first or beginning class in a series of Gasses which have increasingly responsible duties
and progressively higher minimum qualifications and compensation.
Exempt Position
Those positions which either are specifically excluded by the City Charter from the Civil Service System or
which are not included in the System in accordance with Section 2 of Ordinance No. 866.
Lateral Entry
This is an open list for the hiring of experienced persons in defined classes — as set by the Civil Service
Board — at a level of pay commensurate with the level of experience. In some cases, experience will take
the place of the written exam.
Layoff
As an economy measure, the separation of an employee because of lack of work or lack of funds.
Open Recruitment
A recruitment that is not restricted to City Employees.
Oral Board
No fewer than three (3) persons, selected by the Department Director or the City Manager or their
designee, qualified to orally examine candidates.
Original Appointment
A person's first appointment as an employee of the City of Newport Beach.
Permanent Position
A position that is expected to exist indefinitely.
Position
A combination of current duties and responsibilities assigned to a single employee and performed on
either a full -time or part-time basis.
Probationary Status
The status of a person who has acquired a probationary appointment.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
Probation Period
A working test period that is part of the selection process and during which an employee is required to
demonstrate his/her fitness for the duties of the position to which he/she has been assigned by actual
performance of such duties.
Promotion
The advancement of an employee from a position in one class to a position in another class which has a
higher maximum rate of compensation.
Promotional Recruitment
A recruitment that is restricted to City employees.
Qualifications Appraisal Board
Unless otherwise designated shall be synonymous with "oral board ".
Reallocation
The reassignment of a single position in a class to be in a different class on the basis of a change in the
duties and. responsibilities of the position.
Reassignment
The change of an employee by a Department Director from a position in a class to another position in the
same class.
Recruitment
The process of attracting qualified persons to participate in a selection process for a class.
Regular—EmDloyee
An employee who has successfully completed his/her probationary period in a position.
Regular Status
The status of an employee who has acquired a regular appointment.
Reinstatement
The reemployment of a former employee.
Resection
The separation from the City service of an employee who does not successfully complete his /her
probation period in a position and who does not have regular status in another position in a different class;
or, the reduction of an employee who did not successfully complete his/her probation period in a position
to another position in a different class in which he/she has acquired regular status.
Resignation
An employee's voluntary separation
Rules and Regulations
The Civil Service Rules and Regulations adopted pursuant to Ordinance No. 866.
Selection
The process of evaluating the qualifications of candidates through one or more techniques
Separation
The termination of an employee's service with the City.
Suspension
The temporary separation of an employee as a disciplinary action.
System
The Civil Service System created in accordance with Ordinance No. 866 and the Newport Beach City
Charter and including only those positions to which the provisions of Ordinance No. 866 apply.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
Temporary Position
A position of limited duration.
Transfer
A change of an employee from one position to another position in the same class or in another class
having the same maximum salary rate, involving the performance of basically similar duties, and requiring
substantially the same minimum qualifications.
Vacancy
A position that is not occupied by an employee having either a probationary or regular appointment.
SECTION IV CIVIL SERVICE SYSTEM
400. Establishment
The Civil Service System within the City of Newport Beach was established pursuant to Article VIII
of the City Charter.
401. Positions Included
All full -time, regular and permanent positions of employment in the Police and Fire Departments
are included in the System, except those positions excluded by Section 802 of the City Charter.
The City Council by ordinance may include in the System positions in other Departments.
402. Purpose
The purpose of the Civil Service System is to establish an equitable and uniform procedure for
dealing with personnel matters; to attract to the City service the most competent persons
available; to assure that the appointment and promotion of employees will be based on merit and
fitness; and to provide reasonable security for employees.
403. Fair EmDlovment
No appointment to, promotion to, or removal from a position shall be affected or influenced in any
manner by sex, race, color, creed, nationality, age, political or religious opinion or affiliation,
except as provided elsewhere in this or other City resolutions, or under the terms and conditions
of any contractual agreement.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
SECTION V CIVIL SERVICE BOARD
500. Creation
A Civil Service Board, consisting of five members, is appointed by the City Council in accordance
with the City Charter. Each of the members shall be a person of good repute in his business,
profession or occupation and known to support civil service principles in the public service.
501. Responsibilities and Authority
501.1 Meetinas
The Board shall determine the order of business for the conduct of its meetings; hold
regular meetings at least once a month and such special meetings as are necessary on
call of the Chairman or a majority of the members of the Board, and keep a record of its
proceedings and transactions.
501.1.1 Types of Meetings
A. Regular
Regular meetings of the board shall be held on the first Monday of each
month at 5:00 p.m., in the City Hall Council Chambers. If any such
Monday falls on a City holiday the meeting shall be held on the next
succeeding Wednesday at the same time and place. Any other meeting
of the Board shall be a special meeting.
B. Special
Special meetings of the Board shall be held on call of the Chairman or
majority of the members of the Board. Such meetings shall be held at
such time and place as are designated in the call.
501.1.2 Quorum
A majority of the members of the Board shall constitute a quorum for the
transaction of business. An affirmative vote of a majority of the members
present shall be necessary to exercise any of the functions or authority of the
Board.
501.1.3 Notice
Under general direction of the Board, a written notice of each regular and special
meeting shall be posted in the City Hall, Police Department, and each Fire
Station. Such notices shall be posted before 2 p.m. of the Thursday next
preceding a regular meeting, and at least 24 hours in advance of the time of a
special meeting. Such notices shall contain the date, time, place of, and an
agenda for, each such meeting. Notices of special meetings shall include the
name or names of Board members calling such meetings.
501.1.4 Agenda
All written communications to the Board, and any matter to be considered by the
Board, where practical, shall be summarized in the Agenda. No matter shall be
considered by the Board at a special meeting unless it appears on the Agenda.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
501.2 Recruitment Examination and Selection
The Board shall establish policies and approve procedures of the recruitment and
selection of Civil Service personnel, including, but not limited to, the posting of recruitment
notices, the preparation and scoring of examinatioris, and the establishment and
certification of employment lists.
501.2.1 Recruitment
Recruitments shall be specked by the Board as promotional or as open. Insofar
as practicable and consistent with the best interests of the City service, all
vacancies shall be filled by promotion.
A. Recruitment Notices
Notice of any open or promotional recruitments shall be posted not less
than two weeks prior to the final date for submitting applications. The
information required by paragraph D., below, may be included in the
recruitment notice.
B. Applications
The Board shall have the right to require all applicants to submit
applications, agreements, or statements pertinent to their employment.
C. Rejection of Applications
Applications for employment on the basis of either an open or
promotional recruitment may be rejected for any of the following reasons:
1. Failure of the applicant to indicate conformity with all of the
announced minimum qualifications.
2. False statements by the applicant on his /her application with
regard to any material fact.
3. Failure of the applicant to submit an application within the time
specified in the examination process.
D. Examination Announcements
Examination announcements shall be posted not less than two weeks
prior to the final date for submitting applications. Such posting shall be in
a conspicuous place at the City Hall, at the Office of the appropriate
Department, and at such other places as the Board deems appropriate.
In addition to a description of the examination scope and the relative
weight of each test to be given, the examination announcement shall
contain information on salary, final date for submitting applications,
working conditions, minimum qualifications, and other information of
interest to a prospective applicant.
501.2.2 Examination
A. Sco e
The scope of an examination for a class shall be approved by the Board
and stated in the examination announcement. It may consist of any one
or a combination of the following techniques: written, oral and
demonstration tests; an appraisal of education and experience; and any
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
test of manual skills or physical fitness which fairly evaluates the
candidates.
Applicants will not be permitted to the examination process if they have
participated in a previous examination by the City of Newport Beach for
the same position within the last six month period. On a case by case
basis, the Civil Service Board may waive this rule for promotional testing
only when recommended by the Police or Fire Chief.
Lateral candidates may not be required to take a written examination.
B. Passing Scores
The minimum passing score shall be 70 percent for written and
performance tests and for ratings by Qualifications Appraisal
Boards. For written test such 70 percent need not be the
arithmetical 70 percent of the total possible score but may be an
adjusted score based on a consideration of to what extent, if any,
the test has been validated; the number of competitors; and the
number of existing and contemplated vacancies. Any such
adjusted score shall be established before the candidates' test
papers are identified.
2. The following tests shall be scored on a pass -or -fail basis using
the standards specified:
(a) Typing. dictation. and other skills tests
Minimum scores as prescribed in the class
specifications.
(b) Physical agility test
Completion of the test prescribed in a policy adopted by
the Board motion within the time limit set forth in such
policy.
(c) Medical examination
Possession of the minimum physical requirements
described in a policy adopted by Board motion and as
determined, in each examination, by the Citys Medical
Examiner.
(d) Psychological evaluation
Emotional maturity and stability as determined by the
City's Psychologist or Psychiatrist in accordance with
standards established by law.
(e) Inspection of Examination Papers
The examination papers of candidates are not subject to
inspection by the public.
1) Written tests
Upon request made within seven days after the
notices of the examination results have been
mailed, any candidate may inspect his/her own
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
examination papers, including the questions and
answers, excepting copyrighted or standardized
tests. On copyrighted or standardized tests the
candidate may review the accuracy of scoring
and computations by comparing his/her answer
sheet with the key answer sheet.
2) Other tests
The written comments of a Qualifications
Appraisal Board and the written evaluation of a
psychiatrist, 9 any, shall not be reviewed by the
candidate; on request of the candidate, his/her
rating by the Qualifications Appraisal Board shall
be summarized for his /her information. Requests
must be made within seven days after
notification of the results of the Qualifications
Appraisal Board.
(f) Review Procedure
If the candidate believes an error has been made in the
grading of his /her examination or in the credit given to
him, he /she may within twelve days after the mailing of
examination results make written application to the
Board for a review; provided, however, that in such
application he /she must state specifically and particularly
wherein he /she believes an error has been made.
Upon receipt of such application and in no case later
than its next regular meeting, the Board shall examine
the candidate's papers and grades. Any error or injustice
shall be corrected, and any change in the order of
standing of candidates as a result thereof shall be made
by the Board. No appointments shall be made by the
Board. No .appointments shall be made from the
employment lists until the Board has acted upon such
application. The Board's decision shall be final.
(g) Disaualification of Candidates
A candidate for employment on the basis of either an
open or promotional recruitment may be disqualified for
any of the following reasons:
1) Any fraudulent practice by the candidate in
connection with any phase of the recruitment
and selection procedure.
2) Failure of the candidate to appear as scheduled
for any phase of the selection procedure.
3) Disclosure of an unsatisfactory record in the
background investigation.
4) Failure to attain a satisfactory score on any test
conducted as part of the selection procedure.
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
501.2.3 Selection
501.2.3.1 Employment Lists
A. Priorities
Priority for consideration for employment shall be given to
employment lists in the following order: reemployment lists,
promotional employment lists, and open employment lists.
B. Reemployment Lists
1. Defined
A reemplo ent list for a class shall consist of the
names of the following:
(a) Re u ar Employees
1) Layoff
Regular employees who have been laid
off for lack of work or lack of funds.
2) Position Reallocation
Regular employees whose positions in a
class have been reallocated to a class
with a lower maximum rate of
compensation.
Such names shall be placed on the list
in the reverse order of layoff or position
reallocation. The order of layoff or
position reallocation shall be on the
basis of inverse employee seniority in
the class.
(b) Probationary Employees
The names of probationary employees who are
laid off or reduced in rank for lack of work or lack
of funds shall be restored to the same
promotional or open employment list from which
the original appointment was made and in the
same order as when the original appointment
was made.
2. Expiration
A reemploym nt list shall remain in effect until exhausted
by th e �tal of all names on such list as herein
provided.
3. Removal of Names
A person's name shall be removed from a reemployment
list for any of the following reasons:
N
Newport Beach Civil Service Board Rules R Regulations Revised March 2008
(a) If he/she fails to respond within seven (7)
calendar days to a certified mail, return- receipt-
requested inquiry concerning his /her interest in
being reemployed to a current vacancy.
(b) If he /she declines reemployment to a currently
existing vacancy.
(c) Disclosure of any conduct that would be grounds
for demotion, suspension, or discharge.
(d) If the medical examination, required as a
condition of reemployment, discloses any mental
or physical disability that would be a reason for
demotion or discharge on the grounds of in
competency.
(e) Reemployment of the person.
C. Promotional Employment Lists
Defined
Promotional employment lists shall consist of the names
of City employees who have been successful in a
promotional recruitment and examination.
2. Expiration
A promotional employment list shall expire one year after
the date of the employment list unless exhausted sooner
by promotion or termination of all employees whose
names appear on such list or the list is vacated sooner
by the Civil Service Board as provided herein. The list
may be extended for an additional year on
recommendation of the Department Director and
approval of the Board. Candidates on the promotional
employment list shall receive thirty (30) days advanced
notice of the additional year extension.
3. Removal of Names
A candidate's name shall be removed from a promotional
employment list for any of the following reasons:
(a) Termination of his/her City employment.
(b) If requested by the candidate.
(c) If the candidate declines an offer of appointment
to three (3) different vacancies.
(d) If subsequent to the establishment of the
employment list, there is evidence that the
candidate does not possess the minimum
qualifications required for appointment at the
time the recruitment was undertaken.
10
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
D. Open Employment Lists
Defined
Open employment lists shall consist of the names of all
candidates who have been successful in an open
recruitment and examination.
2. Expiration
An open employment list shall expire one year after the
date of the employment list or if the list is vacated sooner
by the Civil Service Board as provided herein. The list
may be extended for an additional year on
recommendation of the Department Director and
approval of the Board.
3. Removal of Names
A candidate's name shall be removed from an open
employment list for any of the following reasons:
(a) If the candidate fails to appear as scheduled for
an interview with the Department Director in
response to a written request to do so.
(b) Failure of the candidate to reply within seven (7)
calendar days to a certified mail, return- receipt-
requested inquiry concerning his /her interest in
remaining on the employment list or in being
considered for a current vacancy.
(c) If subsequent to the establishment of the
employment list, there is evidence that the
candidate does not possess the minimum
qualifications required for appointment at the
time the recruitment was undertaken.
(d) If requested by the candidate.
(e) If the candidate declines an offer of appointment
to a currently existing vacancy.
E. Notification and Appeal of Removal
Notification
A candidate or person whose name has been removed
from any employment list, or any applicant whose
application has been rejected, shall be promptly notified
in writing of the reasons for such action and of his /her
right to appeal.
2. Apceal
Within five (5) calendar days after such notification is
mailed to the addresses indicated on his /her application,
the candidate, person, or applicant may appeal such
action to the board, provided he/she states in writing the
specific reason or reasons he/she believes the action of
11
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
removal or rejection to have been in error. Upon receipt
of such statement and appeal, the Board shall promptly
schedule a hearing and the applicant shall be noted of
such hearing.
(a) Reemployment and Promotional Employment
Lists
In the case of an appeal resulting from the
removal of a candidate's name from a
reemployment or promotional employment list,
an existing vacancy shall be maintained for each
appeal until the Board has acted on such appeal.
(b) Open Employment Lists
In the case of an appeal resulting from the
removal of a candidate's name from an open
employment list, an appointment may be made
from such list before the Board acts on the
appeal.
(c) Resection of Applications
An appeal of the rejection of an application shall
not halt the examination process; if the appeal is
resolved in the applicant's favor he/she shall
participate on an individual basis in those tests, if
any, which occurred during the appeal process
so that the applicant may have an opportunity to
compete on an equal basis with other applicants.
F. Authority to Vacate Employment Lists
The Civil Service Board may at any time vacate any promotional
or open employment list, and thereafter no person on any list so
vacated shall be appointed unless such person makes a new
application, is examined, and qualifies as if such person had not
been on the list so vacated.
G. Certification of Employment Lists
Subject to the provisions of Ordinance No. 866 and sections of
these rules and regulations with respect to reemployment lists
and the selection of the Police and Fire Chiefs, when an
appointment is to be made the names of the highest three (3)
eligibles willing to accept appointment shall be certified to the
Department Director in the order in which they appear on the
appropriate employment list and the appointment shall be limited
to these eligibles. When a promotional or open employment list
contains fewer than three (3) names, a new employment list shall
be established on written request of the Department Director in
order that the names of three (3) eligibles can be certified to the
Department Director.
501.2.3.2 Other Appointments and Personnel Actions
A. Acting Appointments
Absence of Employment Lists
12
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
In the absence of an employment list for a class, a
vacant position may be filled by an acting appointment.
No credit shall be allowed in any examination or the
establishment of any employment list for service
rendered under an acting appointment.
2. Absence of Regular Employee
(a) Suspension
During the period of suspension of a regular
employee from a position or pending final action
on proceedings to review the suspension,
demotion, or dismissal of a regular employee,
the position may be filled by an acting
appointment.
(b) Leave
During the period that a regular or probationary
employee is on a leave of absence, the position
may be filled by an acting appointment.
3. Limitations
An acting appointment shall be limited to ninety (90)
calendar days in any 12 month period unless extended to
a maximum of an additional ninety (90) calendar days on
written recommendation by the Department Director and
approval by the City Manager.
B. Temporary Positions
Appointments to temporary positions need not be made from
employment lists. Such appointments shall be limited to 120
calendar days in any 12 month ,period unless extended by the
Department Director and approved by the City Manager.
C. Transfers
With the approval of the City Manager an employee may be
transferred from one position to another. Transfers shall not
affect in any way the status, rights, and privileges of an employee
under Ordinance No. 866.
D. Reinstatements
On recommendation of the Department Director and approval by
the City Manager, a former employee may be reinstated to the
class of position he /she occupied at the time of his /her
termination, irrespective of the existence of an open or
promotional employment list for the class, subject to the following
conditions.
There must be vacant position in the class and no
reemployment lists for such class.
13
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
2. The employee must have completed at least one year of
continuous service in the class immediately prior to
his/her termination.
3. The employee must have terminated his /her City
employment under favorable conditions.
4. The reinstatement must occur within two (2) years of
his /her termination:
5. The employee may be required to serve a probation
period.
6. The employee will be required to take a medical
examination at his /her expense and as prescribed by the
City Manager.
501.2.3.3 Probation Period
A. Defined
A probation period is a working test period that is part of the
selection process and during which an employee is required to
demonstrate his /her fitness for the duties of the position which
he/she has been assigned by actual performance of such duties.
B. Application
A probation period shall apply to all appointments to positions
included in the System except acting appointments.
C. Length
The normal length of a probation period shall be twelve (12)
months. On written recommendation by the Department Director
and approval by the City Manager, however, an employee's
probation period may be extended for a maximum of six (6)
months beyond the normal twelve (12) month period. The
purpose of such extension shall be to allow the Department
Director additional time to evaluate the employee's job
performance.
D. Resection During Probation
Initial Appointment
At any time during which an employee is serving an initial
probationary period, he /she may be discharged without
cause and without the right of appeal to the Civil Service
Board.
2. Promotion
In the event of promotion to a position in a higher class
and at any time within his/her probation period in that
position, an employee may be rejected by the
Department Director and reduced to such position
he/she occupied prior to such promotion without right of
appeal to the Board, provided he/she had acquired
regular status in such former position. If the employee
had not acquired regular status in the System prior to
14
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
such promotion, he /she may be discharged without right
of appeal to the Board.
E. Notification to Employee
After the first twelve (12) months of the probation period have
elapsed, the employee shall be advised in writing whether or not
he /she has successfully completed his /her probation period. If
not, and if an extension of his /her probation period has been
approved, he/she shall be advised in writing of his /her status
when such extension expires.
501.3 Disciplinary Actions. Appeals, and Hearings
Pursuant to the City Charter and Ordinance No. 866, the Board shall receive and hear
appeals submitted by any employee, or any applicant or candidate for a position, in the
System relative to original appointment, promotion, dismissal, demotion, suspension and
other disciplinary actions; the alleged violation of Ordinance No. 866 or these rules and
regulations; and certify its findings and recommendations. The Board shall also receive
and hear appeals submitted by city employees not included in the System to the extent,
and in the manner, specified by ordinance, resolution or other action of the City Council.
The hearing procedures (Subsection 501.3.3) shall be applicable to all appeals.
501.3.1 Disciplinary Actions
Employees in the System may be demoted, suspended or discharged only on
the following grounds: incompetency, inefficiency, dishonesty, misconduct,
insubordination, or failure to observe Departmental or City rules and regulations.
501.3.2 Appeals
The Board shall convene in regular or special meetings for the purpose of
reviewing appeals of regular employees as follows: Any regular employee in the
System who has been suspended, demoted, or discharged may, within a period
of five (5) days after such action, request of the Department Director a written
statement of the reasons for such action. The Department Director shall furnish
such statement within five (5) days thereafter. The employee may, within ten
(10) days thereafter, file a written answer to such reasons with the Board. The
Board shall within fifteen (15) days investigate the case and shall schedule a
hearing. The hearing shall be a closed hearing at the request of the employee.
501.3.3 Hearings
A. In General
The Board hearings need not be conducted according to technical rules
relating to evidence and witnesses.
B. Right of Counsel
The employee may be represented by counsel and shall have the right to
produce witnesses to testify in his /her behalf. The Board shall issue
subpoenas and compel the attendance of all witnesses.
C. Modification of Department Director's Action
The Board may modify or revoke a disciplinary action only on the
following grounds:
1. The facts do not justify the action taken.
15
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
2. A substantive violation or omission of procedure was made.
3. The action taken was unreasonable, capricious or arbitrary in
view of the offense, the circumstances surrounding the offense,
and the past record of the employee.
D. Reimbursement of Loss of Pay
An employee shall be reimbursed for a loss of pay arising from a
disciplinary action against him /her to the extent that it is subsequently
revoked or modified by the Board. Reimbursement shall be confined to
the period of time between the date of such disciplinary action and the
date of the Board's final decision as set forth in section 501.3.3.E.
hereafter.
E. Findings
The Board shall certify copies of its findings and decisions to the City
Manager, the Department Director from whose action the appeal was
made, and the appellant employee. The Board's decision shall be final.
501.4 Investigations
The Board shall make any investigation concerning the administration of personnel in the
City service and report its findings to the City Council and City Manager when requested
to do so by the City Council, the City Manager or by any organized City employees
association.
In any investigation or hearing it conducts, the Board shall have the authority to examine
witnesses under oath and to compel their attendance or the production of evidence before
it by subpoenas issued in the name of the City and attested by the City Clerk. It shall be
the duty of the Police Chief to cause all such subpoenas to be served, and refusal of a
person to attend or to testify in answer to such subpoenas shall subject said person to
prosecution in the same manner set forth by law for a failure to appear before the City
Council. Each member of the Board shall have the power to administer oaths to
witnesses.
501.5 Advisory Role
The Board shall act in an advisory capacity to the City Council on personnel
administration in the City service.
501.6 Rules and Reaulations
The Board shall recommend to the City Council, after approval by the City Attorney and
after a public hearing thereof, the adoption, amendment, or repeal of Rules and
Regulations to implement the provisions of Ordinance No. 866. After adoption by motion
of the City Council, such Rules and Regulations shall have the force and effect of law.
16
Beach Civil Service Board Rules & Regulations Revised March 2008
SECTION VI CITY MANAGER
600. Responsibilities and Authority
600.1 Rules and Regulations
The City Manager shall be responsible for preparation of amendments to the Rules and
Regulations for recommendation to the board. The City Attorney shall approve the legality
of such amendments prior to their submission by the Board to the City Council for its
approval. Rules and Regulations shall be adopted by motion of the City Council.
600.2 Class Specifications
The City Manager shall be responsible for, subject to approval by the Board, the
preparation and revision of class specifications for positions included in the system.
600.3 Personnel Procedures
The City Manger shall be responsible for administration of Board policies and procedures
within the framework of Ordinance No. 866 and these Rules and Regulations, including:
Public announcement of vacancies and examinations and the review of
applications for employment.
2. Preparation and conduct of examinations and the establishment and use of
employment lists.
3. Certification and appointment of eligibles.
4. Evaluation of employees during probation periods and periodically thereafter.
5. Appointment, transfer, promotion, demotion, rejection, layoff, dismissal and
reinstatement of employees.
6. Allocation of positrons to classes on the basis of duties, responsibilities and
minimum qualifications.
7. Maintenance and use of personnel records.
8. Maintenance of effective communications between employees and their
supervisors; between employees and the City Manager; and between employees
and the Board relative to conditions of employment.
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS
700. Intent
It is the intent of this section that vacancies in the positions of Police Chief and Fire Chief be filled
by the best qualified persons available as determined by competitive examination. Qualifications
being substantially equal, preference shall be given to candidates in the Newport Beach Police
and Fire Departments who qualify under the selection process herein described. This section shall
not be construed to include the positions of Police Chief and Fire Chief in the System.
701. Selection Process
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among
the candidates whose names appear on an open employment list for the class. Such list shall be
created as a result of an examination consisting of a written test weighted at 50 percent and a
17
Newport Beach Civil Service Board Rules & Regulations Revised March 2008
qualifications appraisal weighted at 50 percent. The minimum qualifying score on each phase of
the examination shall be 70 percent.
A. The written test shall be prepared by a professional personnel agency designated by the
City Manager with the approval of the Civil Service Board.
B. The Qualifications Appraisal Board which interviews candidates successful on the written
test shall consist of the following:
1. The Chairman and one other Board member selected by the Board.
2. Two chiefs selected by the Board from other police or fire departments in cities
with populations comparable to Newport Beach.
3. One person selected by the City Manager.
C. The scope of the written test and the factors to be rated by the Qualifications Appraisal
Board shall be jointly established by the City Manager and the Board.
D. In order to be eligible to compete in the selection process for Police Chief or Fire Chief, all
candidates must possess the minimum qualifications set forth in the class specifications.
Such class specifications shall be prepared by the City Manager with approval of the
Board.
SECTION VIII REPEAL
All Civil Service Rules and Regulations operative on the effective date of the Rules and Regulations
contained herein are repealed.
SECTION IX SEVERABILITY
If any section, subsection, sentence, clause, phrase or portions of these Rules and Regulations, or any
additions or amendments there to, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of these Rules and Regulations or their application to other
persons. The City Council hereby declares that it would have adopted these Rules and Regulations and
each section, subsection, clause, phrase or portion, and any additions and amendments thereto,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions, or the application thereof to any person, be declared invalid or unconstitutional.
Rules approved by motion of the City Council effective February 11, 1974.
Civil Service Rules are also referred to in Ordinance No. 866 and the City of Newport Beach Municipal
Code Chapter 2.24.
18