CHAPTER 2 RECRUITMENT, EXAMINATION, SELECTION

Chapter 2
RECRUITMENT, EXAMINATION, SELECTION

Article 1 In General.

Article 2 Job Announcements, Applications, and Qualifications.

Article 3 Examinations.

Article 4 Eligible Lists.

Article 5 Vacancies and Certification.

Article 6 Appeals Other Than Disciplinary.

Article 1. IN GENERAL

8200 Purpose.

This Chapter provides for a portion of the implementing rules and standards pertaining to the organization, maintenance, modification, and administration of the Career service.

Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06

History: New 1/2014.

8201 Intent.

It is the intent of these policies that both the Personnel Director and appointing authority make all reasonable efforts to ensure that the recruitment, examination, and selection of persons to fill positions in the Career service are directed at building the highest quality workforce to serve the citizens of the city.

Article 2. JOB ANNOUNCEMENTS, APPLICATIONS AND QUALIFICATIONS

8210 Recruitment Announcements.

The Personnel Director shall publish announcements of examinations which shall state: 1) the class title; 2) salary range; 3) nature of work to be performed; 4) minimum qualifications or typical employment standards required for entrance into the position; 5) closing date and location for filing employment applications; and 6) other pertinent information as deemed appropriate by the Personnel Director.

(a) Employment standards stated in the recruitment announcements shall be those established for the class as approved by the Council as part of the adopted classification plan.

(b) Announcements shall be considered published when they are posted on the bulletin boards maintained for that purpose in City Hall or published on the official website of the City.

(c) The Personnel Director may additionally publish notices of examinations as he deems appropriate in order to recruit the most qualified applicants.

(d) Whenever practicable, all examinations for positions in the Career service should be announced at least fifteen calendar days prior to the last date for filing applications.

Specific Authority: Resolution No. 2015-04.

History: Amended 1/2015.

8211 Qualifications of Applicants.

No person shall hereafter be employed in or appointed to any position requiring full-time or part-time service, which position is included in the classification plan, and for which a class specification establishing minimum qualifications or employment standards exists, unless that person fully possesses the qualifications of education, experience, and physical condition, if applicable, prescribed for that class, except as provided in this Part for trainee classifications.

(a) Applicants for examination must have met the minimum qualification requirements by midnight of the final date for the examination, unless specifically exempted by the Personnel Director.

(b) In the event an applicant entering into the Career service is found to possess qualifications extraordinary for the position under consideration, the City Manager may authorize the employment of such applicant at an advanced rate of pay, in accordance with Chapter 1 of this Part.

8212 Submitting Applications.

Generally, and except as otherwise provided in this section, completed employment applications and related materials must be received in the offices of the Personnel Director not later than the close of business on the final filing date announced for the recruitment; provided, however, that incomplete or defective applications may be cured by the applicant, if done in time to be considered further.

8213 Disqualification.

The Personnel Director may disqualify an applicant, or remove a name from the eligible list, or refuse to refer any person on an eligible list for employment for any of the following reasons:

(a) Required application materials were not received before the closing date established for the examination;

(b) Failure to demonstrate that the requirements or qualifications established for the examination have been met;

(d) Conviction of a felony or misdemeanor which was of such a nature as to have an adverse effect on the candidate’s ability to perform the duties of the position;

(e) False statements of material fact or actual or attempted deception, fraud, or misconduct in connection with the application or examination.

(f) A history of dismissal from public or private employment for any of the above causes, or resignation to avoid such dismissal which, after investigation, is determined to have been of such a nature as to have a clearly adverse effect on the candidate’s ability to perform the duties of the position.

8214 Notice of Rejection.

Whenever an applicant is rejected, he shall be given written notice.

8215 Retention of Application Materials.

Employment applications submitted for positions in the Career service shall not be returned to applicants, but shall remain on file in the offices of the Personnel Director for a period of one (1) year, or for such other term as may be prescribed in state law.

Article 3. EXAMINATIONS

8250 Classes of Examinations.

In establishing eligible lists for positions in the Career service, promotional, open, and continuous examinations shall be used.

8251 Optional Use of Examination.

Where no eligibility list exists, vacancies to be filled in a classification series other than at the entry level may, at the option of the Personnel Director, be filled by promotional examination or open examination or both promotional and open examinations.

8252 Open Examinations.

All examinations except "Promotional Only" examinations shall be open to any applicant who meets the minimum qualification requirements or employment standards included in the class specification.

8253 Promotional Only Examinations.

Competitive promotional only examinations shall be used primarily in classes for which experience in the lower class in a series is required and no alternate pattern of acceptable education or experience is allowed, including, but not limited to, a class series in which an employee is hired as a trainee into a position which is allocated at the first working level.

(a) The Personnel Director may employ "Promotional Only" examinations as an exception to this Rule upon showing evidence that:

(1) The examination is for a class which is clearly designed to provide career advancement opportunity within an occupational field;

(2) No significant group of employees, such as those in the Executive service, would be excluded thereby.

(b) Candidates for promotional only examinations must have completed a probationary period and hold permanent status in the Career service as of the final filing date for the position, unless the Personnel Director first expressly waives the requirements for permanent status for a specific examination, and must possess the minimum qualifications or employment standards included in the class specification.

(c) Should a promotional only examination produce no qualified applicants, an open examination may be called by the Personnel Director.

Specific Authority: Resolution No. 2015-32.

History: Amended 7/2015.

8254 Continuous Examinations.

The Personnel Director may administer continuous open examinations from time-to-time as applicants are available or as candidates are needed to fill vacant positions.

(a) Continuous open examinations for a given class may be announced by publishing periodic announcement bulletins which shall remain in effect no longer than one year.

(b) A single eligible list, based upon the required examinations, shall be maintained by the Personnel Director and names of qualifying candidates shall be merged on that list in the order of their final scores in the examinations.

(c) Names of qualified candidates shall remain on the list for one full year from the date they were entered, unless sooner removed in accordance with applicable sections of this Article.

8255 Types of Examinations.

Examinations may be assembled or unassembled, and shall consist of one, or a combination of the following types, as determined by the Personnel Director: 1) Oral; 2) Written; 3) Performance; 4) Physical agility; 5) Evaluation of training and experience; or 6) any other forms designed to test the qualifications of applicants for suitability to perform in the workplace; provided, however, if a combination of two or more types of tests is used in the same examination, the relative weighted value of each type, expressed as a percentage, shall be included on the announcement for the examination.

(a) Written. Written tests may be used to measure knowledge, abilities, or aptitudes, insofar as such traits are related to ability to perform the work of the position or class.

(b) Oral. Oral qualifications appraisal examinations shall be used to evaluate experience, training or education, and other factors that relate to the knowledge or abilities required to perform the work of the position or class, and may be either structured or unstructured, as the Personnel Director may determine.

(c) Performance. Performance tests may be used to evaluate skill, speed, or accuracy with which principal tasks of the position or class are performed.

(d) Physical Agility. Physical agility tests may be used to measure agility, strength, coordination, or general physical fitness required to perform the duties of the position or class.

(e) Trainee to First Working Level. There are in Career service a number of classes in which it is desirable to allocate a position at the first working level, but employ a person at the training level and promote him to the first working level when his training is completed and he is deemed competent to function at the first working level. Examinations for such promotions shall be subject to the following:

(1) Applicants occupying trainee positions must meet the minimum qualification requirements or employment standards of the working level class as of midnight of the final filing date for the examination, and must submit all required application materials within the prescribed filing period;

(2) For each candidate whose application is accepted, the employing department will complete an employee evaluation and fitness report and submit it to the Personnel Director as part of the examination process;

(3) As needed, an oral board will be assembled, or the Personnel Director may review the application materials and rate the applicants’ qualifications for promotion.

8256 Scheduling.

Examinations shall be scheduled as the current and anticipated needs of the service require; provided, however, that scheduled examinations may be postponed or canceled or the final date for filing applications extended by the Personnel Director by notifying all persons who have filed applications or by posting a notice on the bulletin board.

8257 Test Administration.

The Personnel Director shall be responsible for administering and scoring all tests in connection with the Career service.

8258 Disqualification.

(a) The Personnel Director may disqualify any candidate who attempts to interfere with the fair, equitable, and orderly conduct of any part of the competitive examination process.

(b) Tardiness may be grounds for disqualification in the examination.

(c) Failure to appear for, or failure to achieve a passing score in one test of the examination shall disqualify a candidate in the entire examination.

(d) An applicant who has not certified in writing that he possesses the minimum qualifications for the examination, shall not be admitted to an examination.

(e) An applicant whose application was not either received or postmarked on or before the final filing date established for the examination may be admitted to an examination with prior approval of the Personnel Director.

8259 Preference Points.

(a) Preference points will be awarded to applicants who are eligible military veterans according to state law.

(b) In all cases in which an applicant is entitled to receive veterans’ preference points, no points shall be given unless the applicant has otherwise met the minimum qualifications or employment standards established for the position, and has earned an overall passing rating in the examination in accordance with applicable provisions of this Article.

8260 Qualifying Scores and Rating Tests.

The final score of a candidate shall be based upon all tests and evaluations in the examination, according to the weights established for each test in the examination, and any preference points to which the candidate is entitled; provided, however, that minimum qualifying ratings shall be set in advance for each test in an examination, and all candidates failing to achieve such ratings in any test shall be disqualified from any further participation in the examination.

8261 Method of Rating. Rating Scale.

For all examinations a numerical rating system will be established by the Personnel Director, whenever practicable, to be applied to any combination of factors which will represent the minimum performance or requirement by which eligibility will be determined; provided, however, that ratings shall be expressed in percentages with seventy percent (70%) being the minimum passing score, unless the Personnel Director has set a higher percentage, and one-hundred percent (100%) being the maximum possible score, exclusive of applicable preference points, if any.

(a) In oral qualifications appraisal interviews, the separate ratings assigned by the individual members of a panel to each candidate shall be reduced to an arithmetic mean.

(b) If the mean rating of a candidate pursuant to subsection (a) is below seventy percent (70%), or such higher percentage as was set by the Personnel Director pursuant to this section, but a majority of the members of the panel assign a passing score, the candidate shall be given a score of seventy percent (70%) or such other minimum passing score as was set by the Personnel Director pursuant to this section.

(c) If a majority of the members of a panel assign a failing score, the candidate shall be failed regardless of his mean rating.

(d) Minimum qualifying ratings shall be stated on the examination announcement.

Specific Authority: Resolution No. 2015-04.

History: Amended 1/2015.

8262 Notification.

Each candidate taking an examination shall be given prompt written notice of whether or not he qualified in the examination, his final rating, and his relative position on the eligibility list.

8263 Correction in Rating or Grading Errors.

An error in grading or rating, if called to the attention of the Personnel Director in writing within fourteen (14) calendar days after the mailing of notices of results of an examination shall be corrected; provided, however, that correction shall not affect certification or appointment already made from the eligible list.

8264 Review of Test Materials.

No person may inspect any test materials at any time except with the express prior approval, and under the supervision, of the Personnel Director.

Article 4. ELIGIBILITY LISTS

8300 Eligibility Lists. Preparation of.

(a) After an examination has been completed the Personnel Director shall prepare an eligibility list consisting of the names of persons successfully passing the examination from which future vacancies in the corresponding classification shall be filled, if not otherwise filled by transfer, demotion, or reemployment as provided in this Part.

(b) Names of candidates shall be arranged on the eligibility list in order of final ratings received, from the highest to the lowest qualifying score.

(c) Scores shall be computed in accordance with the relative weighted value, expressed as a percentage, assigned to each part of the examination; provided, however, that the final ratings shall be determined by the total of the scores received by each candidate for all parts of the examination.

(d) Whenever identical ratings are received, names of candidates shall be arranged in order of scores on that part of the examination which was assigned the heaviest relative value.

(e) All candidates achieving the same composite scores shall be considered of equal rank in the certification of eligibles in accordance with Article 5 hereof.

8301 Eligibility Lists. Effective Dates of.

Unless an appeal is received under Article 6 of this Chapter from some action in connection with an examination, eligibility lists shall become effective upon certification by the Personnel Director that the list was legally prepared and represents the candidates’ relative rankings in relation to all other candidates in the same examination.

8302 Eligibility Lists. Life of.

(a) Eligibility lists shall remain in effect one year unless canceled sooner when, in the opinion of the Personnel Director, a list no longer meets the needs of the Career service.

(b) Upon a showing of need a list may be extended by action of the Personnel Director for additional one month periods, but in no event shall a list remain in effect for more than fifteen (15) months, nor shall any names remain on such a list for more than the life of the list.

(c) At any time during the life of an eligibility list the Personnel Director may establish a new eligibility list by holding another examination; provided, however, that the existing eligibility list may have precedence over the new list, or the new list may be merged by final score with the names remaining on the previous list, as the Personnel Director determines.

(d) This section shall have no effect on procedures detailed in Section 8254 hereof regarding administration of continuous examinations.

8303 Disqualification and Removal From List.

Names of eligible persons may be withheld from certification from an eligibility list or be placed in inactive status on the list by the Personnel Director for any of the following reasons:

(a) At the request of the eligible, pursuant to Section 8304 hereof;

(b) Inability of postal authorities to deliver mail to the applicant within reasonable time;

(c) Conviction of a felony or misdemeanor which is of such a nature as to have an adverse effect on the candidate’s ability to perform the duties and responsibilities of the job;

(d) Proof of fraud or false representation in the employment application, or proof of fraudulent conduct in connection with an examination;

(e) Permanent appointment to a position in the class for which the eligibility list was established, or for which the list is deemed suitable by the Personnel Director.

(f) Upon separation from the Career service of an eligible person on a promotional eligibility list;

(g) Refusal of an offer of appointment, except as provided under Sections 8403 and 8404 hereof;

(h) Failure to appear for an interview with the appointing authority or employing department within a reasonable time after notification of certification, or failure to appear for work after acceptance of an offer of appointment;

(i) Death of the eligible.

8304 Waiver of Certification.

Eligible persons may waive certification upon giving satisfactory reason in writing to the Personnel Director.

(a) A waiver under this section must be filed within five (5) days from the date of certification and, if approved, the name of the candidate shall not be considered for appointment until such waiver has expired or has been withdrawn.

(b) A waiver, whether continuous or otherwise, shall not be approved for a period of time which exceeds the life of the corresponding eligibility list.

8305 Restoration of Names to Eligibility Lists.

Names which have been removed from eligibility lists may be restored by the Personnel Director for the duration of the lists for any of the following reasons:

(a) Acceptance of the reason for waiver of certification;

(b) Acceptance of the reason for non-appearance for interview with the appointing authority or employing department after certification.

8306 Transfer of Eligibility Status.

At any time during the life of an eligibility list, an eligible person whose name appears thereon may request the Personnel Director to transfer eligibility to another eligibility list for a lower level in the same classification series or occupational group.

(a) No transfer hereunder shall be authorized to any class of position for which the requesting person does not fully posses the qualifications of education, experience, and physical condition, if applicable, prescribed for that class, except as provided in Chapter 2 of this Part for trainee classifications.

(b) The name of any person whose eligibility is transferred from one list to another pursuant to this Section shall be unranked on the new list, unless the Personnel Director first administers the same examination administered to all other eligibles on the new list, in which case the name of the transferee shall be ranked according to the final score achieved.

Article 5. VACANCIES AND CERTIFICATION

8350 Filling a Vacancy.

Vacancies in the Career service shall be filled by transfer, reemployment, demotion, or from an eligibility list established for the class to which the position belongs.

8351 Request for Certification.

Whenever a vacancy is to be filled from an eligibility list or by reemployment as herein provided, the appointing authority shall make requisition to the Personnel Director for eligibles available for appointment to the class of position in which the vacancy exists.

(a) All requisitions for the filling of vacancies shall be made on a form designated for that purpose by the Personnel Director.

8352 Eligibility List Not Available.

If an eligibility list is not available for the class to which the position belongs, the recruitment process shall be initiated; provided, however, that as an alternative to recruitment, an appointment may be made from an eligibility list considered by the Personnel Director to be suitable, or a provisional appointment may be made in accordance with applicable provisions of this Part.

8353 Eligibility List Available.

For filling each vacancy in the Career service an appointment shall be made from among all eligible persons receiving passing scores in the examination at the time of certification to the appointing authority.

(a) For each vacancy, if less than five eligibles are available at the time of certification, at the appointing authority’s option:

(1) An appointment may be made from among those eligibles available;

(2) A provisional appointment or any other appointment permitted by these Rules may be made in accordance with applicable provisions of this Part;

(3) The incomplete certification may be rejected and the recruitment repeated so that a minimum of five eligibles can be certified;

(4) The Personnel Director may be requested to extend the final filing date.

8354 Selective Certification for Special Skills.

Notwithstanding any other provision of this Part, selective certification lists may be established and selective certification initiated by the Personnel Director as provided in this section.

(a) If the Personnel Director determines that special skills are needed for less than all positions in a class, such tests as may measure these special skills may be administered on a pass-or-fail basis as a part of the examination for the class.

(b) If the special skills have been tested as provided in this section, an appointment to a vacancy in a position in the class which requires the special skill shall be made from among the eligible persons possessing the special skills who are available for appointment.

Article 6. APPEALS OTHER THAN DISCIPLINARY

8380 Selection Process Appeals.

An applicant may appeal a disqualification in any phase of the selection process when he has reason to believe improper criteria were used to evaluate his qualifications or interpret his test results.

(a) An appeal under this section may be initiated for any of the following reasons:

(1) Erroneous interpretation or application of the minimum qualifications or employment standards prescribed for the class;

(2) Improper procedure in the administration of the test;

(3) Discrimination based upon race, color, religion, national origin, political belief, age, disability, or gender.

(b) Appeals hereunder shall be made to the Personnel Director and shall be submitted in writing, setting forth: 1) the nature of the appeal, with reference to subsection (a) hereof; 2) an elaboration on the circumstances surrounding the appeal; and 3) the relief which is sought from the Personnel Director.

(d) Decisions of the Personnel Director under this section shall be final.

(e) Appellants shall be notified in writing of the decision of the Director; provided, however, that appellants will not be informed of their relative strengths and weaknesses in any specific element of the rating.

8381 Reviewing Rejected Applications.

Persons who believe that their applications have been improperly rejected may request the Personnel Director to review the decision to submit additional experience information or any other information that would be useful in evaluating job-related qualifications; provided, however, that such request must be received prior to the scheduled date of the relevant examination.

(a) If the additional information is received within the prescribed time and is deemed acceptable by the Personnel Director, the applicant shall thereupon be admitted to the examination.

(b) Decisions of the Personnel Director under this section shall be final.