Chapter 2.24
CIVIL SERVICE SYSTEM
Sections:
2.24.050 Responsibilities and Authority of Board.
2.24.060 Responsibilities and Authority of City Manager.
2.24.080 Recruitment and Selection.
2.24.100 Selection of Fire and Police Chiefs.
2.24.120 Inspection of Examination Papers.
2.24.130 Conditions for Employment.
2.24.150 Grounds for Demotion, Suspension or Dismissal.
2.24.190 Conflicts with City Charter.
2.24.010 Definitions.
The following terms, whenever used in this chapter shall be construed as follows:
Acting Appointment. The term “acting appointment” shall mean the temporary appointment of a person to a position in a class for which there is no eligibility list; to a position occupied by a regular employee on suspension as provided in Section 2.24.070; or to a position occupied by a probationary or regular employee who is on a leave of absence.
Allocation. The term “allocation” shall mean the assignment of a single position to the proper class in accordance with the specifications for that class.
Applicant. The term “applicant” shall mean 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 term “Board” shall mean the Civil Service Board established pursuant to this chapter and the Newport Beach City Charter.
Candidate. The term “candidate” shall mean an applicant who is participating in the selection procedure for a class.
Certification. The term “certification” shall mean the act of notifying a department head of the candidates whose names appear on eligibility lists as set forth in Section 2.24.090.
Class. The term “class” shall mean 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. The term “class specifications” shall mean a written description of a class, setting forth factors and conditions which are essential characteristics of positions in the class.
Continuous Service. The term “continuous service” shall mean the service without break or interruption of an employee having a probationary or regular appointment.
Copyrighted or Standardized Tests. The phrase “copyrighted or standardized tests” shall mean written examinations which are used by agencies other than the City of Newport Beach.
Demotion. The term “demotion” shall mean 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 Head. The term “department head” shall mean an employee who is the head of an established office or department.
Dismissal. The term “dismissal” shall mean the termination of a regular employee pursuant to Section 2.24.150.
Eligibility Lists. The term “eligibility lists” as described in Section 2.24.090 shall mean a list of the names of candidates who are eligible for probationary appointments to positions in a particular class.
Eligible. The term “eligible” shall mean a person whose name appears on an eligibility list.
Employee. The term “employee” shall mean a person legally occupying a position.
Entrance-Level Position. The term “entrance-level position” shall mean a position in the first or beginning class in a series of classes which have increasingly responsible duties and progressively higher minimum qualifications and compensation.
Exempt Position. The term “exempt position” shall mean 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 2.24.020.
He/His/Him. The terms “he,” “his,” and “him” shall include the feminine and thus shall be gender neutral.
Lateral Entry. This is an open list for the hiring of experienced persons in defined classes at a level of pay commensurate with the level of experience. In some cases, experience will take the place of the written exam.
Layoff. The term “layoff” shall mean, as an economy measure, the separation of an employee because of lack of work or lack of funds.
Open Recruitment. The term “open recruitment” shall mean a recruitment that is not restricted to City employees.
Original Appointment. The term “original appointment” shall mean a person’s first appointment as an employee of the City of Newport Beach.
Permanent Position. The term “permanent position” shall mean a position that is expected to exist indefinitely.
Position. The term “position” shall mean a combination of current duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis.
Probation Period. The term “probation period” shall mean a working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the position to which he has been assigned by actual performance of such duties.
Probationary Status. The term “probationary status” shall mean the status of a person who has acquired a probationary appointment.
Promotion. The term “promotion” shall mean 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. The term “promotional recruitment” shall mean a recruitment that is restricted to City employees.
Qualifications Appraisal Board. Unless otherwise designated, shall be synonymous with “oral board.”
Reallocation. The term “reallocation” shall mean the reassignment of a single position in a class to a different class on the basis of a change in the duties and responsibilities of the position.
Reassignment. The term “reassignment” shall mean the change of an employee by a department head from a position in a class to another position in the same class.
Recruitment. The term “recruitment” shall mean the process of attracting qualified persons to participate in a selection process for a class.
Regular Employee. The term “regular employee” shall mean an employee who has successfully completed his probationary period in a position.
Regular Status. The term “regular status” shall mean the status of an employee who has acquired a regular appointment.
Reinstatement. The term “reinstatement” shall mean the reemployment of a former employee.
Rejection. The term “rejection” shall mean separation from the City service of an employee who does not successfully complete his 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 probation period in a position to another position in a different class in which he has acquired regular status.
Resignation. The term “resignation” shall mean an employee’s voluntary separation.
Rules and Regulations. The term “rules and regulations” shall mean the Civil Service rules and regulations adopted pursuant to this chapter.
Selection. The term “selection” shall mean the process of evaluating the qualifications of candidates through one or more techniques.
Separation. The term “separation” shall mean the termination of an employee’s service with the City.
Suspension. The term “suspension” shall mean the temporary separation of an employee as a disciplinary action.
System. The term “system” shall mean the Civil Service System created in accordance with this chapter and the Newport Beach City Charter, and including only those positions to which the provisions of this chapter apply.
Temporary Position. The term “temporary position” shall mean a position of limited duration.
Transfer. The term “transfer” shall mean 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. The term “vacancy” shall mean a position that is not occupied by an employee having either a probationary or regular appointment. (Ord. 2023-22 § 67, 2023; Ord. 2010-20 § 2 (part), 2010)
2.24.020 Inclusion in System.
Pursuant to Article VIII of the City Charter, all full-time, regular, and permanent positions or employment on the Police and Fire Departments are included in the system, except those positions excluded by Section 801 of the City Charter. The City Council, by ordinance, may include in the system positions in other departments. (Ord. 2010-20 § 2 (part), 2010)
2.24.030 Purpose of System.
The purpose of the system is to establish an equitable and uniform procedure for handling 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. (Ord. 2010-20 § 2 (part), 2010)
2.24.031 Fair Employment.
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. (Ord. 2010-20 § 2 (part), 2010)
2.24.040 Board Established.
There is hereby established a Civil Service Board consisting of five members to be 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. (Ord. 2010-20 § 2 (part), 2010)
2.24.050 Responsibilities and Authority of Board.
The functions of the Board shall be:
A. Meetings. To determine the order of business for the conduct of its meetings; to 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 to keep a record of its proceedings and transactions. A majority of the members of the Board shall constitute a quorum for the transaction of business.
B. Rules and Regulations. To recommend to the City Council, after approval by the City Attorney and after a public hearing thereon, the adoption, amendment, or repeal of rules and regulations to implement the provisions of this chapter. After adoption by motion of the City Council, such rules and regulations shall have the force and effect of law.
C. Appeals. To receive and hear appeals submitted by any person employed by the City relative to any appointment, promotion, suspension, demotion, dismissal or other disciplinary action, the alleged violation of this chapter or the rules and regulations, and to certify its finding and recommendations as provided in this chapter.
D. Advisory Role. To act in an advisory capacity to the City Council on personnel administration in the City service.
E. Investigations. To make any investigation concerning the administration of personnel in the municipal service and report its finding to the City Council and City Manager when requested to do so by the City Council, the City Manager or by any organized City Employee’s 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 failure to appear before the City Council. Each member of the Board shall have the power to administer oaths to witnesses. (Ord. 2010-20 § 2 (part), 2010)
2.24.060 Responsibilities and Authority of City Manager.
The City Manager shall be responsible for the following:
A. Rules and Regulations. 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.
B. Class Specifications. The preparation and revision of class specifications for positions included in the system.
C. Personnel Procedures. Administration of Board policies and procedures within the framework of this chapter and the 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, certification, extension or vacation, and use of eligibility 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. (Ord. 2023-22 § 68, 2023; Ord. 2010-20 § 2 (part), 2010)
2.24.070 Appointments.
A. General Policy. Appointments shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Appointments shall be made from eligibility lists by the department head on approval of the City Manager.
B. Eligibility Lists. Subject to the provisions of this chapter with respect to reemployment eligibility lists, when an appointment is to be made the names of the eligibles with the highest three scores willing to accept appointment shall be certified to the department head in the order which they appear on the appropriate eligibility list and the appointment shall be limited to these eligibles.
C. Acting Appointments. In the absence of an eligibility list for a class, a vacant position in that class may be filled by an acting appointment. No credit shall be allowed in any examination or the establishment of any eligibility list for service rendered under an acting appointment.
D. Temporary Positions. Appointments to temporary positions need not be made from eligibility lists.
E. During 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 only by an acting appointment.
F. 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 this chapter.
G. Reinstatement. Provisions governing the reinstatement of a former employee shall be provided in the rules and regulations. (Ord. 2010-20 § 2 (part), 2010)
2.24.080 Recruitment and Selection.
A. Recruitment. Recruitment shall be specified as promotional or as open. Insofar as practical and consistent with the best interests of the City service, all vacancies shall be filled by promotion.
B. Selection.
1. The scope of an examination for a class shall be stated in the examination announcement. It may consist of any one or a combination of the following techniques: written, oral, and demonstration tests; and appraisal of education and experience; and any test of manual skills or physical fitness which fairly evaluates the candidates;
2. A probation period as established in the rules and regulations shall apply to all appointments to positions included in the system, except acting appointments. Successive probation periods in a position shall not be allowed. In the event of promotion to a position in a higher class and at any time within his probation period in that position, an employee may be rejected by the department head and reduced to the position he occupied prior to such promotion without right of appeal to the Board, provided he had acquired regular status in such former position. If the employee had not acquired regular status in the system prior to such promotion, he may be discharged without right of appeal to the Board. (Ord. 2010-20 § 2 (part), 2010)
2.24.090 Eligibility Lists.
A. Priorities. Priority for consideration for employment shall be given to eligibility lists in the following order: reemployment eligibility lists, promotional eligibility lists, and open eligibility lists.
B. Reemployment Eligibility Lists. The reemployment eligibility list for a class shall consist of the names of the following:
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 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.
C. Promotional Eligibility Lists. Promotional eligibility lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination.
D. Open Eligibility Lists. Open eligibility lists shall consist of the names of all candidates who have been successful in an open recruitment and examination.
E. Layoffs. 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 eligibility list from which the original appointment was made and in the same order as when the original appointment was made.
F. Certification. Certification shall be made in conformance with the following provisions:
1. If a reemployment eligibility list exists for the class, the highest name on such list shall be certified for each vacancy to be filled. Names on promotional or open eligibility lists shall not be certified if a reemployment eligibility list for the class exists.
2. Except for acting appointments, no person may be appointed or transferred to any position in the system unless he possesses the minimum qualifications set forth in the class specifications for that position.
G. Duration. The duration of employment lists shall be as prescribed in the rules and regulations. (Ord. 2010-20 § 2 (part), 2010)
2.24.100 Selection of Fire and Police Chiefs.
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the candidates who meet the minimum qualifications for the class after completion of a qualifications appraisal process. The City Manager shall screen applicants for the minimum qualifications for the class. The top candidates who meet the minimum qualifications shall be examined in a qualifications appraisal process established by the City Manager. The City Manager shall appoint a member, or members, of the Board to serve on a qualifications appraisal panel within the qualifications appraisal process. The City Manager shall choose a candidate from the eligibility list for the class compiled after completion of the qualifications appraisal process. (Ord. 2023-22 § 69, 2023; Ord. 2010-20 § 2 (part), 2010)
2.24.120 Inspection of Examination Papers.
A. In General. The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect his own examination papers, including the questions and his answers, excepting copyrighted or standardized tests. On copyrighted or standardized tests the candidate may review the accuracy of scoring and computations by comparing his answer sheet with the key answer sheet. 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 rating by the qualifications appraisal board shall be summarized for his information.
B. Review Procedure. If the candidate believes an error has been made in the grading of his examination or in the credit given to him, he may, within twelve (12) days after the mailing of examination results, make written application to the Board for a review; provided, however, that in such application he must state specifically and particularly wherein he believes an error has been made. All such appeals shall be conducted in a manner consistent with the rules and regulations. (Ord. 2010-20 § 2 (part), 2010)
2.24.130 Conditions for Employment.
A. Applications. The City Manager shall have the right to require all applicants to submit applications, agreements, or statements pertinent to their employment.
B. Exempt Positions. Where there is no actual break in continuous service, an employee having probationary or regular status in a position in the system who is appointed to an exempt position shall retain such status in the Civil Service position. Upon vacating the exempt position, the employee shall on his request be restored to his former status in the position unless the reason for such vacating is sufficient grounds for discharge from the City service as described in this chapter.
This provision shall not apply to an employee who resigns from a position in the system and, without a break in his continuous service with the City, is appointed to an exempt position. (Ord. 2010-20 § 2 (part), 2010)
2.24.140 Employee Appeals.
The Board shall convene in regular or special meetings for the purpose of reviewing appeals of regular employees in the system who have been suspended, demoted, or dismissed. The procedures and timelines for handling of appeals are set out in the Board rules. (Ord. 2010-20 § 2 (part), 2010)
2.24.150 Grounds for Demotion, Suspension or Dismissal.
Employees in the system may be demoted, suspended, or dismissed only on the following grounds: incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to observe departmental or City rules and regulations. (Ord. 2010-20 § 2 (part), 2010)
2.24.160 Board Hearings.
A. In General. Board hearings need not be conducted according to technical rules relating to evidence and witnesses.
B. Right to Counsel. The employee may be represented by counsel and shall have the right to produce witnesses to testify in his behalf. The Board shall issue subpoenas and compel the attendance of all witnesses.
C. Modification of Disciplinary Action. The Board may modify or revoke a disciplinary action only on the following three grounds:
1. The facts do not justify the action taken, the action taken is unlawful or the action taken is superseded by local, state or federal law; or
2. Substantive violation or omission of procedure was made; or
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. An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him 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 this section.
E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board’s determinations shall be final for persons included in the system. (Ord. 2010-20 § 2 (part), 2010)
2.24.190 Conflicts with City Charter.
In the event of any conflict between this chapter and the City Charter, the provisions of the City Charter shall prevail. (Ord. 2010-20 § 2 (part), 2010)