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Rule 5: Certification and Appointments

5.1: Filling of Vacancies
5.2: Waiver of Certification
5.3: Selective Certification
5.4: Accepting Other Employment
5.5: Medical Exam
5.6: Class of Appointments
5.7: Oaths
5.8: Residency Requirements
5.9: Alternate Hire Promotions

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5.1: Filling of Vacancies
All vacancies in the classified service, except as provided for in Rule 7, shall be filled from eligibles certified by the Director of Personnel to the appointing authority. The Director of Personnel shall make the final determination as to which list will be used to fill the vacancy in accordance with Rule 4.3.

5.2: Waiver of Certification
Eligibles may waive certification upon giving reasons satisfactory to the Director of Personnel. If the reasons assigned are not approved by the Director of Personnel, then the eligibles names shall be removed from the eligible list from which they were certified. Waivers must be filed in writing with the Human Resources Director. Eligibles may request waivers in accordance with the following provisions:

  1. Waiver. Eligibles may waive certification upon giving written notification to the Director. Eligibles shall be entitled to three (3) waivers, each of which shall count as a certification; the accumulation of three waivers is cause for removal.

  2. Certification Preference. Eligibles who make written request to be considered only for specified positions shall not be considered to have waived other positions.

  3. If a single certification is made for more than one (1) position, any waivers or passovers shall be counted only once against an eligible.

  4. Waivers, whether continuous or otherwise, shall not extend beyond the expiration date of the eligible list.

5.3: Selective Certification

  1. If a vacancy exists within a classification, the appointing authority may request a selective certification of eligibles having the specialized qualifications required from the eligible list for that classification.

  2. When selective certification is indicated, the Director of Personnel shall determine which eligibles, in order of ranking on the applicable list, have the required special qualifications.

  3. The special qualification may be tested for as part of the examination for the classification. Applicants must be notified of their opportunity to be tested for the special qualification.

5.4: Accepting Other Employment
An employee who leaves a position to accept employment by certification from another eligible list, except from a promotional eligible list, shall be permanently separated from the position formerly held by him or her; provided, however, that any such employee, at the discretion of the Human Resources Director, within six months, upon request and with approval of the department or departments concerned, may be reinstated in any vacancy in the same division and class from which he or she was separated.

5.5: Medical Exam
Offers of employment are contingent upon the results of a job related pre-employment medical evaluation.

5.6: Class of Appointments
Employment status in the City shall be divided into the following categories:

  1. Regular

    1. Full-time: appointment to an authorized position budgeted on a full-time, 40 hours-a-week basis (or a full-time schedule equivalent).

      Employees appointed on this basis shall be included in the classified service of City employment and shall receive all rights and benefits outlined in the personnel policy documents and appropriate memoranda of understanding.

    2. Part-time: appointment to an authorized position budgeted and regularly scheduled for 20 hours or more per week (or a half-time or more schedule equivalent), but for less than 40 hours per week (or a full-time schedule equivalent).

      Employees appointed on this basis shall be included in the classified service of the City and shall receive benefits in accordance with their appropriate Memorandum of Understanding.

    3. Limited Term: appointment to an authorized position budgeted for a period of thirty-nine (39) weeks or more, but less than fifty-two (52) weeks.

      Employees appointed on this basis shall be included in the classified service of other City and shall receive benefits in accordance with their appropriate Memorandum of Understanding.

  2. Temporary

    Appointments are limited to 999 hours in a fiscal year. Employees appointed on this basis shall be included in the unclassified service of the City and shall receive no retirement, insurance or leave benefits.

  3. Special

    Special appointments are those part-time or full-time positions budgeted under a special grant or funding source that are separate from the City's base budget. Continued employment is dependent, in addition to the limitations set forth in other sections of the personnel resolution (concerning performance standards), on the continuation of the special funding for the position.

    Employees appointed on this basis shall be included in the unclassified service of the City. Unless otherwise specified by the funding source of the position, benefits shall be paid on the following basis: special employees appointed for a period of twelve months or less shall receive the same benefits as temporary employees, while employees appointed for a period of more than twelve months shall receive the same benefits as regular employees.

  4. Multiple Positions

    Individuals are permitted to be employed in more than one position simultaneously, provided the total schedule of hours does not exceed 40 per week and 999 hours per fiscal year.

5.7: Oaths
Each person appointed to a position must, before he or she commences his or her duties, take the oath set forth in Section 3 of Article XX of the Constitution of California. Refusal to such oath will invalidate any appointment and cause the person's name to be stricken from any eligible list.

5.8: Residency Requirements

  1. Residency Requirement. Except as otherwise provided in the City Charter, the City shall not require that its employees be residents of the City; except that the appointing authority may require designated employees to reside within a reasonable and specific distance of their place of employment or other designated location when such requirements are, in the opinion of the appointing authority, necessary in order to meet response time, on-call responsibilities, or other job related requirements.

  2. Review and Appeal of Residency Requirements. The findings and determination of the appointing authority that the residence of any permanent employee of the classified service of the City of Santa Cruz shall be restricted to a reasonable and specific distance of his/her place of employment or other designated location shall be conclusive, subject to the grievance procedure established pursuant in these rules.

  3. Failure to Comply. Failure of an employee to comply with the rules as to residence provided in this Chapter shall require his or her discharge from the classified service of the City.

5.9 Alternate Hire Promotions

Unless otherwise specified in the applicable Memorandum of Understanding, if an employee is hired at the lower-level of an alternately staffed position, that employee may promote to the higher-level classification after successful completion of the probationary period and at such time as the employee meets the minimum qualifications of the higher-level classification, as determined by the Director of Human Resources.

Upon promotion from the lower-level classification to the higher-level classification in an alternately staffed position the employee's salary placement and probationary status shall be in accordance with applicable memorandum of understanding.

June 2002

Last updated: 9/14/2009 11:31:55 AM