SEC. 1. PREPARATION FOR APPOINTMENT:
Insofar as practicable, vacancies should be anticipated sufficiently in advance to permit the Commission to determine who may be available for appointment, whether or not the position involved is properly classified, and, if necessary, to prepare a class specification and to proceed to establish a list of eligibles.
SEC. 2. TYPES OF APPOINTMENT:
(a) All vacancies in the classified service shall be filled by reemployment, reinstatement, promotion, original, or conditional appointment. Emergency or provisional appointments may be made as provided in Article XXV, Section 2512 of the City Charter.
(b) No time spent under provisional, or emergency appointment shall be given credit in evaluating experience in any examination, or be credited to a probationary period, or used for computing any privileges accruing under the Civil Service Act and these rules.
(Amended by Resolution CS 04-051, 05-06-04) (Amended by Resolution CS02-099, 9/19/02) (Amended by Resolution CS98-074, 10/1/98) (Amended by Resolution No. CS87-26, 3/19/87)
SEC. 3. METHOD OF APPOINTMENT:
In the event of a vacancy, persons eligible for reemployment shall be given preference. If no persons are available for reemployment, the Commission shall certify names from the appropriate eligible list after successful completion of a background investigation. Lateral entry and academy graduate persons shall be certified in addition to and in the same manner as persons on the original eligible list
(Amended by Resolution CS02-099, 9/19/02) (Amended by Resolution No. CS87-26, 3/19/87)
SEC. 4. REEMPLOYMENT:
The name of each employee who is laid off in accordance with these rules shall be placed on the reemployment eligible list for the class of position which he held, and he shall be given preference in filling vacancies in that class in the manner prescribed in Section 1, Rule XIV, of these rules.
SEC. 5. CERTIFICATION FOR ORIGINAL APPOINTMENT OR PROMOTIONAL APPOINTMENT:
(a) Original Appointment. When an appointing authority desires to fill a vacancy by original appointment, the Commission shall certify two (2) more names than the number of vacancies of those individuals standing highest on the existing eligible list. The appointing authority shall appoint such persons to such vacant positions on probation in accordance with rule VIII, section 1, of these rules.
(b) Lateral Entry/Academy Graduate Appointments. In addition to the eligible list for candidates for original appointments, lateral entry persons and academy graduates shall be certified for appointment by the Commission upon the successful completion of a background investigation.
(1) Lateral Entry - The appointing authority may select any one of the eligibles so certified to fill the vacancy. The appointing authority shall appoint such persons to such vacant positions on probation in accordance with rule VIII, section 1, of these rules.
(2) Academy Graduate – In addition to the Lateral Entry candidates, the Commission may certify candidates from the Academy Graduate list to fill vacant positions in the manner set forth in subsection (a) above. Such persons shall be appointed to vacant positions on probation in accordance with rule VIII, section 1 of these rules.
[(b) Amended adding (1), (2); Resolution CS05-056, 04/21/05]
(c) Promotional Appointment. When an appointing authority desires to fill a promotional vacancy, the Commission shall certify the name at the top of the eligible list for that class, or, in the event of two (2) or more vacancies in one class, they shall certify the same number of names as the number of vacancies.
(d) Police Officer Trainee/Police Officer Recruit/Fire Fighter Trainee. An employee who successfully completes a Peace Officer Standards and Training Academy, or who is currently enrolled in and attending a Peace Officer Standards and Training Academy and has successfully completed a Mid-Course Proficiency Test, or who has successfully completed the Stockton Fire Academy, shall be certified by the Civil Service Commission two (2) weeks prior to completion of the Academy and sworn in as a probationary Police Officer or a probationary Fire Fighter.
[(d) Amended by Resolution CS06-030, 02/09/06); Amended by Resolution CS05-155, 11/17/05]
(e) Assistant Fire Chief. Whenever a position of Assistant Fire Chief becomes vacant, the appointive officer, if he desires to fill the vacancy, shall make requisition upon the Commission for the names of persons eligible for appointment thereto. The Commission shall certify the three (3) names at the top of the eligible list for such class or, in the event of two (2) or more vacancies in the same class, the Commission shall certify two (2) names more than the number of vacancies. They shall certify, in addition, the name next in order on the eligible list to replace that of each certified eligible who is unwilling to accept appointment. If insufficient names are available to meet this requirement, the appointing authority may request additional certification, whereupon the
Commission shall schedule and conduct an examination to provide the number of eligibles required. Any one of the names so certified may be appointed to the vacancy regardless of standing on the eligible list and not on probation. (Amended by Resolution CS02-099, 9/19/02 (Amended by Resolution CS01-077 7/19/01)
(Amended by Resolution CS97-057, 5/17/97) (Amended by Resolution No. 5762, 1/15/81;
paragraph 5(a) amended by Resolution No. CS87-26, 3/19/87)
SEC. 6. PROMOTION:
In the event the appointing authority desires to fill a vacancy by promotion and no valid eligible list exists, the examination shall be given to those eligible employees holding positions in the lower class, and the examination shall be conducted in accordance with Rule VI, of these rules and regulations.
In the event the next eligible on the eligible list has joined the Armed Forces of the United States and has left his office or position as described in Section 2513 of Article XXV of the City Charter, a temporary appointment can be made as provided in Article XXV, Section 2513 of the City Charter.
(Amended by Resolution CS98-074, 10/1/98)
SEC. 7. REINSTATEMENT, TRANSFER, AND VOLUNTARY DEMOTION OF PROBATIONARY EMPLOYEES
(a) Reinstatement After Resignation. A regular employee who has resigned in good standing may, with the recommendation of the Chief of the department and the City Manager, and the consent of the Civil Service Commission, be reinstated to a vacant position of the same class as his or her previous position within a period of one (1) year from the effective date of resignation.
(b) Transfer, Reinstatement, or Voluntary Demotion to Miscellaneous Classified Service. A regular status employee or a probationary employee who has successfully completed six (6) months of probation may be transferred, reinstated, or voluntarily demoted to a position in the Miscellaneous Classified Service upon the recommendation of the affected department heads and approval of the employee, with notice provided to the Commission; provided, however, that the employee is qualified to fill the Miscellaneous class, as determined by the Human Resources Director or the Chief Examiner. In making such a determination, the Human Resources Director or Chief Examiner must assure that the salary ranges for the classes are comparable, as determined by the Human Resources Director. The Human Resources Director or the Chief Examiner shall determine whether the employee possesses the minimum qualifications for the class and is able to demonstrate through education, experience, training, or successful completion of relevant tests that he/she is qualified for the transfer.
(c) Filling Vacancies. Probationary employees requesting transfer, reinstatement, or voluntary demotion, upon approval of the Personnel Officer, shall first fill vacancies in the originating department. If there are no vacant positions in the originating department, employees may fill positions in other departments as set forth in subsection (b), above.
(d) All employees transferred, reinstated, or demoted from the Sworn Classified Service to the Miscellaneous Classified Service in accordance with this provision shall be subject to a new probationary period designated for that class beginning on the first day of reinstatement or transfer or demotion.
(e) Appeal. Any probationary employee who has not successfully completed the minimum requirement of six (6) months probation in the Miscellaneous Classified Service and who is subsequently certified to the Sworn Classified Service, is not eligible for reinstatement or transfer or demotion to the Miscellaneous Service under these Rules and has no vested right of appeal, absent non-merit discrimination or an abuse of discretion by the appointing authority.
[Amended by CS05-065, 05/19/05, adding (a,b,c,d,e)]
SEC. 8. APPOINTMENT:
The appointing authority shall make the appointment from those persons certified, and shall immediately notify the Commission. The Personnel Officer shall notify the person appointed. If an appointee does not report for duty within the time prescribed by the appointing authority, he shall be deemed to have refused appointment.
SEC. 9. EMERGENCY APPOINTMENT:
In the event of an emergency threatening public life and property, such as could not be reasonably foreseen and anticipated by the appointing authority, the appointing authority may appoint such persons as are required to meet the needs of the situation as provided in Article XXV, Section 2512 of the City Charter. Such appointments shall not exceed thirty (30) days, nor shall successive emergency appointments be made. Emergency appointments shall be reported promptly to the Commission.
(Amended by Resolution CS98-074, 10/1/98)
SEC. 10. METHOD OF FILLING TEMPORARY VACANCIES
(a) Conditional Appointment. If the appointing authority desires to fill a vacancy in the upper ranks of the Police or Fire Department caused when a regularly appointed classified employee is unable to perform assigned duties as set forth in subsection (b), below, a conditional promotional appointment may be made from an established eligible list to fill the temporary vacancy. The Commission shall certify the name at the top of the eligible list for conditional appointment in the particular classification.
(Amended by Resolution CS 05-046, 03-17-05)
(b) Use of Conditional Appointment.
(1) Military Leave. When a regularly appointed employee in the upper ranks of the Police or Fire Department is called to active military duty, a conditional appointment may be made as set forth in this Rule for an indefinite period of time or until the previous holder of the position returns to regular duty.
(2) Extended Illness or Injury. When the declaration of the City Physician shows that the illness or injury of a regularly appointed employee will incapacitate such employee from performing normal work for thirty (30) days or more, a conditional appointment may be made as set forth in this Rule for an indefinite period of time or until the previous holder of the position is able to return to regular duty.
(3) Special Assignments and Other Extended Leaves. When a regularly appointed employee in the upper ranks is unable to perform assigned duties for sixty (60) days or more due to any type of special assignment or other approved leave, a conditional appointment may be made as set forth in this Rule; except that, no person shall serve more than four (4) months in any one fiscal year under this subsection.
(c) Restrictions. Except as otherwise provided in this Rule, conditional appointments are subject to the return of previous holders of regular positions. Eligibles appointed to fill temporary vacancies pursuant to this Rule shall be placed back into their previously held positions upon the return to duty of previous holders of regular positions. Eligibles shall be placed back into their previously held positions based on inverse order of conditional appointment.
No service credit shall be allowed for service rendered under a conditional appointment in accordance with City Charter article XXV, section 2507(d).
(Amended by Resolution CS 05-046, 03/17/05)
(d) Effect of Conditional Appointment. Acceptance or refusal of a conditional appointment shall not affect the standing of any person on a current and active eligible list for regular appointment. Regular appointments shall be made in accordance with these Rules, except that, the Commission shall first certify persons in conditional appointments to fill regular vacancies, in accordance with the conditional appointee’s rank order on the eligible list from which the employee received conditional appointment, even if expired.
(Amended by Resolution CS 05-046, 03/17/05)
(Amended by CS 04-051, 05/06/04 (Repealed by Commission on 04/03/03)
(Amended by Resolution CS01-077 7/19/01)
SEC. 11. WAIVER OF APPOINTMENT:
Any person whose name appears upon an eligible list after being certified for appointment may be granted a waiver of appointment upon giving reasons satisfactory to the Commission in writing. Such a waiver shall be for a period of time stated in the written request to the Commission, not to exceed the life of the list. In the event the list of eligibles is exhausted prior to the expiration date for said list, an eligible with a waiver shall be afforded the opportunity to accept appointment to the next vacant position or have his or her name dropped from the eligible list in accordance with Rule V, Section 16 of these Rules and Regulations. A second waiver shall not be granted. This rule shall not apply to temporary appointments nor shall it apply to waivers granted for military service.
(Amended by Resolution No. 4877, 12/4/75) |
Stockton,
CA 
