Loading...
HomeMy WebLinkAbout08246ORDINANCE NO. 8246 AN ORDINANCE AMENDING CIVIL SERVICE RULE 21 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO REAPPLICATION AND LIMITING THE OPTION TO BE PLACED ON A SUBSEQUENT ELIGIBLE LIST BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Civil Service Rule 21 of Chapter 13 of Title VI is hereby amended to read as follows: Rule 21. Reapplication. (a) No person who has failed an examination for any class shall be allowed to take any subsequent examination for that class nor be allowed to reapply for that class for a period of six (6) months after the date of the prior examination, except with the approval of the Commission for good cause shown. a (b) If an existing eligible list is cancelled or withdrawn pursuant to Rule 32, and date the new eligible list is to be certified before the former list would have expired, any , subject to the eligible on the former list, in lieu of reapplication for the class, may limitations herein contained, elect to be placed on the subsequent eligible list and remain thereon until the expiration date of the former list on the basis of the score An eligible shall not, however, have any achieved on the previous examination. such right of election where the examination administered in scoring and ranking the existing eligible list was a scored evaluation of education and experience. (c) No person who has been discharged or resigned in lieu of discharge from any position in the classified service shall be allowed to apply for any class therein for two (2) years following the date of discharge, nor thereafter except with the approval of the Commission and the City Manager INTRODUCED: July 26, 2010 BY: Vera Ortegon /COUNCILPERSON PASSED AND APPROVED:August 9, 2010 Background Paper for Proposed ORDINANCE DATE: JULY 26, 2010AGENDA ITEM # R-1 DEPARTMENT: CIVIL SERVICE COMMISSION ADMINISTRATOR – TONI SELMAN TITLE AN ORDINANCE AMENDING CIVIL SERVICE RULE 21 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO REAPPLICATION AND LIMITING THE OPTION TO BE PLACED ON A SUBSEQUENT ELIGIBLE LIST ISSUE Should the City Council pass and approve the proposed Ordinance? RECOMMENDATION The Commission recommends that the City Council pass and approve the proposed Ordinance. Without the amendment contained within the proposed Ordinance and in the situation below described, the Commission is subject to potential claims that a candidate whose score is based upon a T&E Evaluation was not examined competitively with candidates whose scores were based upon a written examination. BACKGROUND Unless sooner exhausted, cancelled or withdrawn, a Civil Service eligible list has a life of either one year or two years depending upon the classification for which the eligible list was created (herein the “Expiration Date”). An existing eligible list may be cancelled or withdrawn at a date prior to the Expiration Date when the eligible list contains fewer eligibles than required to be certified. Depending on the classification involved, generally three or five of the highest ranked eligibles are required to be certified with respect to a vacancy. Appointments made from an eligible list must be made only from the eligibles certified. When a list is cancelled prior to the Expiration Date, Civil Service Rule 21 provides to an eligible on the cancelled list the option, in lieu of reapplication, to be placed on the subsequently created eligible list based upon the score achieved on the previous examination. The proposed Ordinance eliminates this option where the examination administered in scoring and ranking the eligibles on the cancelled list was a scored evaluation of education and experience. Although competitive, this type of evaluation is not an assembled test wherein the applicants must appear and be examined in writing, but is an objective evaluation of a candidate’s education and experience based upon specific categories of information requested by the Commission and submitted by the candidate. This type of examination is more commonly known as training and experience evaluation (“T&E Evaluation”). The proposed Ordinance is meant to address the potential problem which could arise when the cancelled list was scored based upon a T&E Evaluation and the new list is to be scored based upon a significantly different examination which would generally be a written examination. If the option is not removed in this situation, there exists a potential claim that the candidate whose score is based upon a T&E Evaluation was not examined competitively with the candidate whose scores were based upon a written examination. By City Charter and Ordinance, the examinations must be competitive. Section 8-4(e), City Charter, and Civil Service Rule 18(a). Please see attached Report to City Council submitted with the proposed Ordinance pursuant to the requirements of Civil Service Rule 40. FINANCIAL IMPACT None.