Police and Fire Department Rules and Regulations

Rule XIV - REEMPLOYMENT, PHYSICAL FITNESS, POLITICAL ACTIVITY

SEC. 1. REEMPLOYMENT LISTS:
When an employee in the classified service who has been performing his duties in a satisfactory manner, as shown by the records of the department in which he has been employed, is laid off because of lack of funds or abolition of his position or has been on authorized leave of absence and is ready to report for duty when a position is open the Commission shall cause the name of such employee to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur. A permanent employee who has resigned in good standing may, with the recommendation of the Chief of his department and the City Manager and the consent of the Civil Service Commission, be restored to a reemployment list of the same class as his previous position within a period of one (1) year from the effective date of his resignation.
The order in which names shall be placed on the reemployment list for any class shall be established by resolution from time to time by the Commission. The Commission shall determine this order by impartial investigation based upon consideration of work requirements, the efficiency and conduct of the individual employees, their length of service, and recommendation by the appointing authority and the Chief of the department under whose jurisdiction the individual was previously employed.
In filling vacancies eligibles on the reemployment lists take precedence over eligibles on eligible lists for the same rank in the department for which the lists apply.

SEC. 2. INDEFINITE PERIOD OF SICKNESS:
(Repealed by Resolution CS 04-051, 05/06/04) (Amended by Res. 03-005, 1/16/03)

SEC. 3. PHYSICAL FITNESS:
Any employee in the Fire and Police Departments of the City of Stockton may be required to take a physical examination from the City Physician when. in the opinion of the City Manager, such examination is necessary. Upon warning by the City Physician, it shall be the duty of the employee to correct remediable physical deficiencies or conditions within a reasonable time or incur disciplinary action. If the physical examination discloses that the employee is no longer fit for duty, such employee shall be removed from the department subject, of course, to disability retirement payments if eligible thereto. In the event the City Physician finds either that the employee has a remediable physical deficiency or condition or that the employee is no longer fit for duty, the employee shall have recourse, if he or she so desires, to the Civil Service Commission, provided that the employee must request a hearing from the Commission in writing within fifteen (15) days of the time that written notice of the finding above mentioned is served upon the employee. The Civil Service Commission shall receive medical evidence from the City Physician and from physicians chosen by the employee and from such other physicians as desired by the Commission. The Civil Service Commission shall make a full inquiry into the accuracy of the finding above mentioned and shall make its own findings and decisions thereon. Appeal from such findings and decisions may be taken by the employee to the Superior Court of San Joaquin County.
(Amended by Resolution CS02-019 02/07/02)

SEC. 4. POLITICAL ACTIVITIES:
No person in the classified service or seeking admission thereto shall be appointed, promoted, demoted, suspended or discharged, or in any way favored or discriminated against because of political opinions or affiliations, or because of religious belief. No person holding any office, place, position or employment subject
to Civil Service is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under Civil Service or promise or threaten so to do, for giving or withholding or neglecting to make any contributions of money or service or any other thing of value for any political purpose.
No person employed under Civil Service or registered on the eligible list of the classified service, coming under the provisions of the Civil Service Act and these rules and regulations, shall be a candidate for popular election to any public office, unless such person shall immediately resign from the office, place, position or employment which he then holds under Civil Service, or in the case of persons on the eligible list of the classified service, unless such persons shall immediately have their names stricken from such eligible list. Any person who shall be a candidate for popular election to any public office, contrary to the provisions of this section, shall forfeit all right to the office, place, position or employment which he then holds under Civil Service or may have on the eligible list of the classified service.