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REQUEST A PUBLIC HEARING TO AMEND RULE VI, SECTIONS 1 AND 2 OF THE CIVIL SERVICE RULES AND REGULATIONS FOR POLICE AND FIRE EMPLOYEES TO CONFORM WITH THE CHARTER OF THE CITY OF STOCKTON REGARDING THE RANKS AND GENERAL PROMOTIONAL PROVISIONS OF THE POLICE AND FIRE DEPARTMENTS
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RECOMMENDATION
Move to schedule a public hearing for August 18, 2016, to amend the Civil Service Rules and Regulations for Police and Fire Employees to conform with the Charter of the City of Stockton as to the ranks and general promotional provisions of the Police and Fire Departments.
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SUMMARY
Human Resources is tasked with reviewing Civil Service rules on an on-going basis. The analysis that follows is regarding rules that do not align with the City’s primary governing legal document, the Charter of the City of Stockton. The City Charter defines the organization, powers, functions, and essential procedures of City government. It is the City Charter that grants Civil Service Commission its authority, and Civil Service rules must align accordingly.
At issue are proposed amendments to Rule VI, sections 1 and 2 of the Civil Services Rules and Regulations for Police and Fire Employees. Various sections of the Charter of the City of Stockton define and regulate the appointment of the Chiefs and Deputy Chiefs of the Police and Fire Departments. Specifically:
Article XXV, section 2501, Employees Subject to Civil Service, of the Stockton City Charter defines the employees who are part of the classified service within the Police and Fire Departments. The Charter excludes the appointment of Chief of Police and Deputy Chief of Police, and the Fire Chief and Deputy Fire Chief from civil service. This leaves all remaining ranks in both departments subject to competitive examination for promotion.
Article XVII, section 1702, Chief of Police Appointment, states, “The Chief [of Police] shall be appointed by and shall hold office at the pleasure of the City Manager. Appointment to the position of Police Chief can be made from qualified applicants within the Stockton Police Department or from qualified applicants who are not members of the Stockton Police Department. Such applicants must have peace officer status above the rank of police sergeant….”
Article XVII, section 1704, Deputy Chief of Police, states, “Subject to the approval of the City Manager, the Chief of Police shall have the power to appoint, without competitive examination, Deputy Chiefs of Police from among the members of the Department from the rank of Ssergeant and above. After appointment, a Deputy Chief of Police shall hold said rank at the pleasure of the Chief of Police, subject to the approval of the City Manager….”
Article XVI, section 1602, Fire Chief, states, “…The Fire Chief shall be appointed by the City Manager and shall hold that position at the pleasure of the City Manager.”
Article XVI, section 1604, Deputy Fire Chief, states, “The Fire Chief shall have the power to appoint at his or her discretion, without competitive examination, one or more Deputy Fire Chiefs. After appointment, the Deputy Fire Chief shall hold said position at the pleasure of the Fire Chief….”
Rule VI, section 1 of the Civil Service Rules and Regulations for Police and Fire Employees addresses the Police Department ranks and general promotional provisions. Proposed amendments clarify the classifications subject to competitive examination, delete the qualifying criteria for positions outside classified service, and make minor updates of terms.
Rule VI, section 2 of the Civil Service Rules and Regulations for Police and Fire Employees addresses the Fire Department ranks and general promotional provisions. Proposed amendments clarify the classifications subject to competitive examination, delete the qualifying criteria for positions outside classified service, and make a minor grammar correction and update of a term.
CONCLUSION
City Charter Article XXV, section 2501, grants authority to the Civil Service Commission over positions which are contained within classified service. City Charter Article XVII, section 1702; Article XVII, section 1704; Article XVI, section 1602; and Article XVI, section 1604; explicitly removes the Chief of Police, Deputy Chief of Police, Fire Chief, and Deputy Fire Chief, respectively, from classified service. Therefore, the Civil Service Commission Rules and Regulations cannot contain language which attempts to define, restrict, or govern these positions.
The proposed amendments to the Civil Service Rules VI, sections 1 and 2 bring the rules into conformance with current Charter articles by identifying which ranks in the Police and Fire Departments are in classified service and thereby subject to competitive examinations.