§ 2-5004. ADOPTION OF RULES.

Subject to approval of the Board, the Commission shall prescribe, amend, and enforce rules for the classified service to carry out the provisions of this chapter, which rules shall have the force and effect of law, shall keep minutes of its proceedings and records of its examinations, and shall, as a Commission, or any designated part thereof, make investigation concerning the enforcement and effect of this chapter and of the rules and efficiency of the service. It shall make an annual report to the Board.

The rules shall, among other things, provide:

(a)

For the classification of all positions under the Merit System.

(b)

For competitive examinations to test the relative fitness of applicants for entrance to and promotion within the Merit System.

(c)

For the holding of hearings on the adoption and amendment of rules and on other matters.

(d)

For appointment to vacant positions in the classified service from eligible lists resulting from open competitive examinations or promotional examinations or by transfer, demotion, re-employment, or reinstatement.

(e)

For public advertisement of all examinations.

(f)

For the creation of eligible lists on which shall be entered the names of successful applicants in the order of their standing in examination. These lists shall remain in force for at least one (1) year, but shall not exceed three (3) years.

(g)

For the rejections of applications or eligibles who fail to comply with the reasonable requirements of the Commission in regard to residence, citizenship, sex, physical condition, or who have been guilty of crime or infamous or disgraceful conduct or who have attempted any deception or fraud in connection with an examination or application for an examination.

(h)

That Department heads, boards, or officers possessing by virtue of law the power to appoint, shall appoint only those available persons who are legally certified from an appropriate eligible list.

(i)

For a period of probation of one (1) year before the appointment or promotion is made complete, during which period a probationer may be discharged or reduced without right of hearing on the matter and his name may be removed from the eligible list.

(j)

For a procedure based on efficiency and seniority by which employees may be laid off whenever it is necessary to abolish positions because of lack of work or lack of funds or in the interests of economy, and for the establishment of re-employment lists and the determination of priority of names on re-employment lists, and for the priority of re-employment lists over eligible or promotional lists resulting from examination.

(k)

For certificates for eligibles in the following order of priority: re-employment lists, promotional lists, eligible lists.

(l)

For temporary appointment of persons from suitable lists for a period not to exceed nine (9) months. The acceptance or refusal to accept such temporary appointment on the part of the person on the eligible list shall not be a bar to appointment to a permanent position from said eligible list.

(m)

For provisional appointment when there is no available appropriate eligible list and pending an examination.

(n)

For emergency appointment without reference to eligible lists, when the appointments are found necessary to prevent stoppage of public business, loss of life, or damage to persons or property.

(o)

For transfer from one position to a similar position in the same class and for reinstatement within three (3) years of persons who have resigned in good standing.

(p)

For promotion based on competitive examination and records of efficiency, character, conduct, and seniority. The Commission shall allow a uniform credit or percentage to be added to the rating based on length of service. Lists shall be created and promotion made therefrom in the same manner as prescribed for original appointment. Whenever practicable vacancies shall be filled by promotion.

(q)

For suspensions for not longer than thirty (30) days and for leaves of absence without pay, sick leave and vacation with pay. Any employee who leaves or has left the service of the County to enter the Armed Forces of the United States at any time under the Selective Service Act or in times of emergency or during a war shall be on leave of absence until ninety (90) days after termination of his service and shall be returned to the position and status held by him at the time of his induction or enlistment upon his application to the Civil Service Commission before expiration of the leave of absence.

(r)

For the separation from the service of employees through lay-offs, suspension, or dismissal, and for demotions or leaves of absence for incapacity to perform required duties.

(s)

For the dismissal, suspension, or reduction in rank of any permanent officer or employee under the Merit System in accordance with the procedure provided in the County Civil Service Enabling Law.

(t)

That the minimum qualifications or standards prescribed for any class or grade of employment shall not be less than those which have been or may hereafter be prescribed for such County officers and employees by the Legislature.

(Ord. 518 ½; 761; 2113)