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ORDINANCE NO. 866
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH RELAT-
ING TO CIVIL SERVICE.
The people of the City of New.
port Beach do ordain as follows:
SECTION 1. DEFINITIONS.
The following terms, whenever
used in this ordinance shall be
construed as follows:
"Acting appointment ". The
temporary appointment of a per-
son to a position in a class for
which there is no employment
list; to a position occupied by a
regular employee on suspension
as provided in Section 7(e) of
this ordinance; or to a position
occupied by a probationary or
regular employee who is on a
leave of absence.
"Allocation ". The assignment
of a single position to the proper
class in accordance with the spe-
cifications for that class.
"Applicant ". 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 Civil Service
Board established pursuant to
this ordinance and the Newport
Beach City Charter.
"Candidate ". An applicant who
is participating in the selection
procedure for a class.
"Certification ". The act of noti-
fying a department head of the
candidates whose names appear
on employment lists as set forth
in Section 9(f) of this ordinance.
"City." The City of Newport
Beach.
"City Charter ". The City Char-
ter of the City of Newport Beach.
"City Council ". The City Coun-
cil of the City of Newport Beach.
"Class ". A group of positions
sufficiently similar in duties, re-
sponsibilities, a u t h o r i t y, and
minimum qualifications for em-
ployment to permit combining
them under a common title and
the equitable application of com-
mon standards of selection and
compensation.
"Class Specifications ". A writ-
ten description of a class, setting
forth factors and conditions
which are essential characteris-
tics of positions in the class.
"Continuous service ". The serv-
ice without break or interruption
of an employee having a proba.
tionary or regular appointment.
"Copyrighted or standardized
tests ". Written examinations
which are used by agencies other
than the City of Newport Beach.
"Demotion ". The reduction of
an employee from a position In
one class to a position in an-
other class which has a lower
maximum rate of compensation.
"Department head ". An em-
ployee who is the head of an
established office or department.
"Discharge ". The termination
of a regular employee pursuant
to Section 14 of this ordinance.
"Eligible ". A person whose
name appears on an employment
list.
"Employee ". A person legally
occupying a position.
"Employment lists ". As de-
scribed in Section 9 of this or-
dinance, a list of the names of
candidates who are eligible for
probationary appointments to
positions in a particular class.
"Entrance -level position ". 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 ". Those posi-
tions which either are specifical-
ly excluded by the City Charter
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from the Civil Service System or
which are not included in the
system in accordance with Sec-
tion 2 of this ordinance.
"Layoff ". As an economy meas-
ure, the separation of an employ-
ee because of lack of work or
lack of funds.
"Open recruitment ". A recruit-
ment that is not restricted to City
employees.
"Original appointment ". A per-
son's first appointment as an em-
ployee of the City of Newport
Beach.
"Permanent position ". A posi-
tion that is expected to exist in-
definitely.
"Position ". A combination of
current duties and responsibili-
ties assigned to a single employ-
ee and performed on either a
full -time or part-time basis.
"Probationary status ". The sta-
tus of a person who has acquired
a probationary appointment.
"Probation period ". 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.
"Promotion ". The advancement
of an employee from a position
in one class to a position in an.
other class which has a higher
maximum rate of compensation.
"Promotional recruitment". A
recruitment that is restricted to
City employees.
"Reallocation ". The reassign-
ment of a single position in a
class to a different class on the
basis of a change in the duties
and responsibilities of the posi-
tion.
"Reassignment ". The change of
an employee by a department
head from a position in a class
to another position in the same
class.
"Recruitment ". The process of
attracting qualified persons to
participate in a selection process
for a class.
"Regular employee ". An em-
ployee who has successfully com-
pleted his probationary period in
a position.
(2)
"Regular status ". The status
of an employee who has acquired
a regular appointment.
"Reinstatement ". The re -em-
ployment of a former employee.
"Rejection ". T h e separation
from the City service of an em-
ployee who does not successfully
complete his probation period in
a position and who does not have
regular status in another posi-
tion 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 ". An employee's
voluntary separation.
"Rules and Regulations ". The
Civil Service Rules and Regula-
tions adopted pursuant to this
ordinance.
"Selection ". The process of
evaluating the qualifications of
candidates through one or more
techniques.
"Separation ". The termination
of an employee's service with the
City.
"Suspension ". The temporary
separation of an employee as a
disciplinary action.
"System ". The Civil Service
System created in accordance
with this ordinance and the New-
port Beach City Charter and in-
cluding only those positions to
which the provisions of this or-
dinance apply.
"Temporary position ". A posi-
tion of limited duration.
"Transfer ". A change of an em.
ployee from one position to an-
other position in the same class
or in another class having the
same maximum salary rate, in-
volving the performance of basic-
ally similar duties, and requiring
substantially the same minimum
qualifications.
"Vacancy ". A position that is
not occupied by an employee
having either a probationary or
regular appointment.
SECTION 2. ESTABLISHMENT
OF CIVIL SERVICE SYSTEM.
Pursuant to Article VIII of the
City Charter, all full -time regu-
lar, and permanent positions and
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employment in the Police and
Fire Departments are included
in the System, except those posi-
tions excluded by Section 802 of
the City Charter. The City Coun-
cil by ordinance may include in
the System positions in other de-
partments.
SECTION 3. PURPOSE OF
SYSTEM.
The purpose of the System is to
establish an equitable and uni-
form procedure for dealing with
personnel matters; to attract to
the City service the most compe-
tent persons available; to assure
that the appointment and promo-
tion of employees will be based
on merit and fitness; and to pro-
vide reasonable security for em.
ployees.
SECTION 4. CREATION OF A
CIVIL SERVICE BOARD.
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, pro-
fession or occupation and known
to support civil service principles
in the public service. -
SECTION 5. RESPONSIBILI.
TIES AND AUTHORITY OF
BOARD.
The functions of the Board
shall be:
(a) Meetings. To determine
the order of business for the con-
duct 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 Coun-
cil, 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 ordinance.
After adoption by motion of the
City Council, such Rules and
(3)
Regulations shall have the force
and effect of law.
(c) Appeals. To receive and
hear appeals submitted by any
person or any applicant or can-
didate for a position in the City
employment relative to original
appointment, promotion, dismis-
sal, demotion, suspension and
other disciplinary actions; the al-
leged violation of this ordinance
or the Rules and Regulations;
and to certify its findings and
recommendations as provided in
this Ordinance.
(d) Advisory role. To act in
an advisory capacity to the City
Council on personnel administra.
tion in the City service.
(e) Recruitment and selec-
tion. Subject to the provisions
of this ordinance and the Rules
and Regulations, to establish pol-
icies and approve procedures for
the recruitment and selection of
Civil Service personnel, includ-
ing, but not limited to, the post-
ing of recruitment notices, the
preparation and scoring of ex.
aminations, and the establish-
ment and certification of em-
ployment lists.
(f) Investigations. To make
any investigation concerning the
administration of personnel in
the City service and report its
findings to the City Council and
City Manager when requested to
do so by the City Council, the
City Manager or by any organ-
ized City employees' association.
In any investigation or hear.
ing it conducts the Board shall
have the authority to examine
witnesses under oath and to com-
pel their attendance or the pro-
duction 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 re-
fusal of a person to attend or to
testify in answer to such sub-
poenas shall subject said person
to prosecution in the same man-
ner 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.
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SECTION 6. RESPONSIBILI-
TIES AND AUTHORITY OF CITY
MANAGER.
The City Manager shall be re-
sponsible'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. Sub-
ject to approval by the Board, the
preparation and revision of class
specifications for positions in-
cluded in the System.
(c) Personnel procedures. Ad.
ministration of Board policies
and procedures within the frame-
work of* this ordinance and the
Rules and Regulations, Includ-
ing:
1. Public announcement of
vacancies and examinations and
the review of applications for
employment
2. Preparation and conduct of
examinations and the establish-
ment and use of employment
lists.
3. Certification and appoint-
ment of eligibles.
4. Evaluation of employees
during probation periods and
periodically thereafter.
5. Appointment, transfer, pro-
motion, demotion, rejection, lay-
off, dismissal and re- instatement
of employees.
6. Allocation of positions to
classes on the basis of duties,
responsibilities an d minimum
qualifications.
7. Maintenance and use of
personnel records.
8. Maintenance of effective
communications b e t w e e n em-
ployees and their supervisors;
between employees and the City
Manager; and between employ-
ees and the Board relative to con-
ditions of employment
SECTION 7. APPOINTMENTS.
(a) General policy. Appoint•
ments shall be based on merit
and fitness to be ascertained so
(4)
far as practicable by competitive
examination. Appointments shall
be made from employment lists
by the department head on ap-
proval of the City Manager.
(b) Employment lists. Subject
to the provisions of this ordi-
nance with respect to re- employ-
ment lists and the selection of
the Police and Fire Chiefs, when
an appointment is to be made
the names of the highest three
eligibles willing to accept ap-
pointment shall be certified to
the department head in the order
in which they appear on the ap.
propriate employment list and
the appointment shall be limited
to these eligibles.
(c) Acting appointments. In
the absence of an employment
list for a class, a vacant position
in that class may be filled by an
acting appointment No credit
shall be allowed in any examina-
tion or the establishment of any
employment list for service ren-
dered under an acting appoint-
ment
(d) Temporary positions. Ap-
pointments to temporary posi-
tions need not be made from em-
ployment lists.
(e) Appointment during sus-
pension. During the period of
suspension of a regular employee
from a position or pending final
action on proceedings to review
the suspension, demotion, or dis.
missal of a regular employee, the
position may be filled only by an
acting appointment.
(f) Transfers. With the ap-
proval 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 privi-
leges of an employee under this
ordinance.
(g) Reinstatements. Provisions
governing the reinstatement of a
former employee shall be provid.
ed in the Rules and Regulations.
SECTION 8. RECRUITMENT
AND SELECTION.
(a) Recruitment. Recruitment
shall be specified by the Board
as promotional or as open. Inso-
far as practicable and consistent
with the best interests of the City
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service, all vacancies shall be
filled by promotion.
(b) Selection.
1. The scope of an examina.
tion for a class shall be approved
by the Board and stated in the
examination announcement. It
may consist of any one or a
combination of the following
techniques: - written, oral, and
demonstration tests; an apprais.
al of education and experience;
and any test of manual skills or
physical fitness which fairly
evaluates the candidates.
2. A probation period as es-
tablished in the Rules and Reg-
ulations shall apply to all ap.
pointments to positions included
in the System except acting ap-
pointments. Successive proba-
tion periods in a position shall
not be allowed. In the event of
promotion to a position in a high-
er class and at any time within
his probation period in that posi-
tion, an employee may be re-
jected 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.
SECTION 9. EMPLOYMENT
LISTS.
(a) Priorities. Priority for con-
sideration for employment shall
be given to employment lists in
the following order: re- employ-
ment lists, promotional employ-
ment lists, and open employment
lists.
(b) Re- employment lists. The
re- employment list for a class
shall consist of the names of the
following:
(1) Layoff. Regular employ-
ees who have been laid off for
lack of work or lack of funds.
(2) Position reallocation. Reg-
ular 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 lay-
(5)
off or position reallocation. The
order of layoff or position real-
location shall be on the basis of
inverse employee seniority in the
class.
(c) Promotional employment
lists. Promotional employment
lists shall consist of the names
of City employees who have been
successful in a promotional re-
cruitment and examination.
(d) Open employment 11 s t s.
Open employment lists shall con-
sist of the names of all candi-
dates who have been successful
in an open recruitment and ex-
amination.
(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 pro.
motional or open employment
list from which the original ap-
pointment 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 re- employment list ex-
ists for the class, the highest
name on such list shall be cer-
tified for each vacancy to be
filled. Names on promotional or
open employment lists shall not
be certified if a re-employment
list for the class exists.
2. Except for acting appoint-
ments, no person may be ap-
pointed or transferred to any po-
sition in the System unless he
possesses the minimum qualifi-
cations set forth in the class
specifications for that position.
(g) Duration of employment
lists. The duration of employ-
ment lists shall be as prescribed
in the Rules and Regulations.
SECTION 10. SELECTION OF
POLICE AND FIRE CHIEFS.
(a) Intent. It is the intent of
this section that vacancies in the
positions of Police Chief and Fire
Chief be filled by the best quali.
fied persons available as deter-
mined by competitive examina.
tion. Qualifications being sub-
stantially equal, preference shall
be given to candidates in the
Newport Beach Fire and Police
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Departments who qualify under
the selection process herein de-
scribed.
This section shall not be con-
strued to include the positions of
Police Chief and Fire Chief in
the System.
(b) Selection process. The se-
lection of the Police Chief and
Fire Chief shall be made by the
City Manager from among the
candidates whose names appear
on an open employment list for
the class. Such list shall be cre-
ated as a result of an examina-
tion consisting of a written test
weighted at 50 percent and a
qualifications appraisal weighted
at 50 percent. The minimum
qualifying score on each phase
of the examination shall be 70
percent.
The written test shall be pre-
pared by a professional person.
nel agency designated by the City
Manager with the approval of
the Civil Service Board.
T h e qualifications appraisal
board which interviews candi-
dates successful on the written
test shall consist of the follow-
ing:
(1) The Chairman and one
other Board member selected by
the Board.
(2) Two chiefs selected by the
Board from other police or fire
departments in cities with popu-
lations comparable to Newport
Beach.
(3) One person selected by the
City Manager.
The scope of the written test
and the factors to be rated by
the qualifications appraisal
board shall be jointly established
by the City Manager and the
Board.
In order to be eligible to com-
pete in the selection process for
Police Chief or Fire Chief, all
candidates must possess the min.
imum qualifications set forth in
the class specifications. Such
class specifications shall be pre-
pared by the City Manager with
the approval of the Board.
SECTION 11. EXAMINATION
ANNOUNCEMENTS. Examina-
tion announcements shall be
posted not less than two weeks
(6)
prior to the final date for sub.
mitting applications. Such post.
ing shall be in a conspicuous
place at the City Hall, at the of-
fice of the appropriate depart-
ment, and at such other places
as the Board deems appropriate.
SECTION 12. INSPECTION OF
EXAMINATION PAPERS.
(a) In general. The examina-
tion papers of candidates are not
subject to inspection by the pub-
lic. 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 copy.
righted or standardized tests. On
copyrighted or standardized tests
the candidate may review the ac-
curacy of scoring and computa-
tions by comparing his answer
sheet with the key answer sheet.
The written comments of a quali-
fications appraisal board and
the written evaluation of a psy-
chiatrist, if any, shall not be
reviewed by the candidate; on
request of the candidate, his rat-
ing by the qualifications apprais-
al 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 giv-
en to him he may within twelve
days after the mailing of exam-
ination results make written ap.
plication to the Board for a re-
view; provided, however, that in
such application he must state
specifically and particularly
wherein he believes an error has
been made.
Upon receipt of such applica.
tion and in no case later than
its next regular meeting, the
Board shall examine the candi.
date's papers and grades. Any er-
ror or injustice shall be correct-
ed, and any change in the order
of standing of candidates as a
result thereof shall be made by
the Board. No appointments shall
be made from the employment
lists until the Board has acted
upon such application. The
Board's decision shall be final.
(9 Y,
SECTION 13. EMPLOYMENT
CONDITIONS.
(a) Applications. The Board
shall have the right to require
all applicants to submit applica-
tions, agreements, or statements
pertinent to their employment.
(b) Exempt positions. Where
there is no actual break in con-
tinuous service, an employee
having probationary or regular
status in a position in the Sys-
tem who is appointed to an ex-
empt position shall retain such
status in the Civil Service posi-
tion. Upon vacating the exempt
position, the employee shall on
his request be restored to his
former status in the position un-
less the reason for such vacating
is sufficient grounds for dis-
charge from the City service as
described in this ordinance.
This provision shall not apply
to an employee who resigns from
a position in the System and,
without a break in his continu-
ous service with the City, is ap-
pointed to an exempt position.
SECTION 14. EMPLOYEE AP-
PEALS. The Board shall con-
vene in regular or special meet-
ings for the purpose of reviewing
appeals of regular employees as
follows: Any regular employee
in the System who has been sus-
pended, demoted, or discharged
may, within a period of five days
after such action, request of the
department head a written state-
ment of the reasons for such ac-
tion. The department head shall
furnish such statement within
five days thereafter. The employ-
ee may, within ten days there-
after, file a written answer to
such reasons with the Board. The
Board shall within fifteen days
investigate the case and shall
schedule a hearing. The hearing
shall be a closed hearing at the
request of the employee.
SECTION 15. DEMOTION,
SUSPENSION AND DISCHARGE.
Employees in the System may be
demoted, suspended, or dis-
charged only on the following
grounds: Incompetency; ineffici-
ency; dishonesty; misconduct;
insubordination; or failure to ob-
(7)
serve departmental or City rules
and regulations.
SECTION 16. HEARINGS.
(a) In general. Board hear-
ings need not be conducted ac-
cording to technical rules relat-
ing to evidence and witnesses.
(b) Right of counsel. The em-
ployee may be represented by
counsel and shall have the right
to produce witnesses to testify
in his behalf. The Board shall is-
sue subpoenas and compel the
attendance of all witnesses.
(c) Modification of department
head's action. The Board may
modify or revoke a disciplinary
action only on the following
grounds:
1. The facts do not justify the
action taken.
2. A substantive violation or
omission of procedure was made.
3. The action taken was un-
reasonable, capricious or arbi-
trary in view of the offense, the
circumstances surrounding the
offense, and the past record of
the employee.
(d) Reimbursement for loss of
pay. An employee shall be re-
imbursed for a loss of pay aris-
ing from a disciplinary action
against him to the extent that it
is subsequently revoked or modi-
fied by the Board. Reimburse-
ment shall be confined to the
period of time between the date
of such disciplinary action and
the date of the Board's final de.
cision as set forth in Section
16 (e) hereafter.
(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 decision shall be final.
SECTION 17. POLITICAL AC-
TIVITIES.
(a) Political activities prohib-
ited. Any person occupying a
position included in the System
shall not:
1. Take an active part in a
County of Orange or City political
campaign.
2. Act as a worker at the polls
or distribute badges, pamphlets,
dodgers, or handbills of any kind
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favoring or opposing any candi-
date for election or nomination to
a County of Orange or City office.
(b) Activities not affected.
This ordinance does not prohibit
any person occupying a position
included in the System from:
. 1. Becoming or continuing to
be a member of a political club
or organization.
2. Attending a political meet-
ing.
3. Enjoying complete freedom
from interference of any kind in
casting his vote.
4. Seeking or accepting elec-
tion or appointment to a public
office while on leave of absence.
5. Seeking signatures to any
Initiative or referendum petition
directly affecting his rates of
compensation, hours of work, re-
tirement, or other conditions of
employment ,
6. Distributing badges, pam.
phlets, dodgers or handbills, or
other activities in connection
with such petition if not carried
on during his hours of work or
when he is dressed in the uni-
form required in his City depart-
ment.
SECTION 18. STATUS OF
PRESENT EMPLOYEES. Any
employee who, prior to the ef.
fective date of this ordinance, at-
tained probationary or regular
status in the System shall retain
such status. Employees in per-
manent positions in the Police
and Fire Departments on such
date who had not previously
been considered as being in the
System shall on such date be
presumed to have completed
their probation periods and shall
acquire regular status in the Sys-
tem.
SECTION 19. SEVERABILITY.
If any provision of this ordinance
is for any reason held to be un-
constitutional, such decision
shall not affect the validity of
the remaining provisions.
(e)
SECTION 20. CONFLICTING
LEGISLATION.
(a) Conflicts with City Charter.
In the event of any conflict be-
tween this ordinance and the
City Charter, the provisions of
the City Charter shall prevail.
(b) Conflicting ordinances. Or-
dinance No. 511 is hereby re-
pealed.
SECTION 21. CODIFICATION
AMENDMENT. This ordinance
may be codified by the City
Council in a single chapter of the
Newport Beach Municipal Code,
but may not be repealed or
amended except by a majority
vote of the electors voting there-
on at any general or special mu-
nicipal election. A majority of
two- thirds of the electors voting
thereon is necessary for the ap-
proval of any amendment or re-
peal that withdraws any depart-
ment, officer or employee from
the System.
SECTION 22. PENALTY FOR
VIOLATION. Any person who
violates any of the provisions of
this ordinance shall be deemed
guilty of a misdemeanor, and
upon conviction thereof shall be
punished as provided in the New-
port Beach Municipal Code for
violations of said code.
SECTION 23. EFFECTIVE
DATE. This ordinance shall be
effective ten days after the can-
vassing board determines that it
was adopted by a majority vote
of the electors voting thereon at
the special municipal election
called for November 4, 1958."
The Canvassing Board deter-
mined by adoption of a Resolu-
tion on Nov. 19, 1958, that this
Ordinance was adopted by a ma-
jority vote of the electors voting
thereon on Nov. 4, 1955. Ordi-
nance No. 866 will become effec.
tive Nov. 29, 1958.
Dated Nov. 24, 1958.
Margery Schrouder, City Clerk
City of Newport Beach, Calif.
0
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
I
Margery Schrouder
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City Clerk of the City of Newport
2-of
Beach, California, do hereby certify that the foregoing .Ordinance
---- ---------- -- -- -- ------------------
adopted by a majority vote o lo lectors
No..-- -- - --.$66 was eluly-and- regularly adop4ed- passed r and -arpproved- 6rAu-Cif7�Govncif-
°af Fljo-Q efrNewporto ach,-Beach,- kzj- �f- safd°Cf4� CoBncq°heFd °at °ffie°
hereon
r¢gufarmEetingpfae- fhSr 'daf °°n Ae--- ----�g� - -- .....day, of-... - -.....November 19-5.8
by the following vote:
AYES: COUNC
NOES: COUNCILMEN-- ---------------------------------------------------°--- -------------------------------------------- ----- ------ -----------------
ABSENT: COUNC
Dated this...31St........day of .............��cember
NB 130 -500 12/56
In
City Clork and Fx- ffitio lark of the City Council,
City of Newport Boac , State of California