Section § 45000

Explanation

This law allows city governments to create a personnel or civil service system that fits the size and needs of their city. This system could be as simple as setting basic job requirements or as detailed as a full civil service program. The decision on the type of system is based on what serves the public best.

It is the intent of this chapter to enable the legislative body of any city to adopt such a personnel system, merit system, or civil service system as is adaptable to the size and type of the city. The system may consist of the mere establishment of minimum standards of employment and qualifications for the various classes of employment, or of a comprehensive civil service system, as the legislative body determines for the best interests of the public service.

Section § 45001

Explanation

This law allows any city government to create systems to manage city jobs. This includes creating rules about how workers are hired, promoted, disciplined, or retired. Cities can set up these systems by passing a local law, also known as an ordinance.

By ordinance, the legislative body of any city may establish a personnel system, merit system, or civil service system for the selection, employment, classification, advancement, suspension, discharge, and retirement of appointive officers and employees.

Section § 45002

Explanation

This law allows public libraries to hire various staff members, such as librarians, secretaries, and other officers and employees. However, it specifies that members of the board of trustees are not included in this group of hirable employees.

The system may include the librarian, secretary, and other officers and employees, except members of the board of trustees, of the public library established pursuant to Chapter 5 (commencing with Section 18900) of Part 11 of the Education Code.

Section § 45003

Explanation

This section states that if any class of officers and employees was included in the system before September 19, 1947, their inclusion is effective from the very start of the system.

The inclusion of any class of officers and employees made prior to September 19, 1947, is operative from the inception of the system.

Section § 45004

Explanation

This law allows a legislative body to appoint a civil service commission or a personnel officer. They can give these appointees certain powers and responsibilities related to managing the civil service system.

The legislative body may provide for the appointment of a civil service commission or personnel officer, to which it may delegate such powers and duties in relation to the system as it deems advisable.

Section § 45004.1

Explanation

This section explains that if an audio or written record of a civil service hearing is allowed, the employee appealing the case can request a copy of the recording. If a transcript of the hearing is made, the city must inform the employee within three days and provide a copy if the employee asks for it. The city can charge for the cost of making duplicates of the recordings or transcripts.

(a)CA Government Code § 45004.1(a) Where a hearing is held before a civil service commission or personnel officer pursuant to Section 45004 and where the commission or officer permits an audio or stenographic recording of the hearing, a copy of the recording shall be provided, upon request, to the employee bringing the appeal before the commission or officer.
(b)CA Government Code § 45004.1(b) If a city or its civil service commission or officer orders or makes a transcript of the recording pursuant to subdivision (a), the city shall also do both of the following:
(1)CA Government Code § 45004.1(b)(1) Notify the employee bringing the appeal of the transcription and of the employee’s right to obtain a copy of the transcript. The city shall notify the employee within three days of ordering or making the transcript.
(2)CA Government Code § 45004.1(b)(2) Provide a copy of the transcript promptly to the employee at the employee’s request.
(c)CA Government Code § 45004.1(c) Notwithstanding any other provision of law, the city may charge fees covering direct duplication costs for recordings or transcripts provided pursuant to this section.

Section § 45005

Explanation

This law requires that an ordinance specify which departments, appointed officers, and employees are covered by the merit or civil service system. Essentially, it sets the rules for who gets to be part of these systems.

The ordinance shall designate the departments, and the appointive officers and employees who shall be included in the merit system or civil service system.

Section § 45006

Explanation

This law allows the legislative body to expand the government structure by creating more departments and hiring additional officers and employees through future ordinances.

By subsequent ordinances, the legislative body may add additional departments and appointive officers, and employees to the original list.

Section § 45007

Explanation

This law says that once a department, officer, or employee is part of the civil service system in a city, they can't be removed just by repealing the ordinance. Such a removal requires a vote by the city's voters during an election, and at least two-thirds must agree. However, regular full-time city department heads can be removed with a simple majority vote by the city council.

After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service ordinance or otherwise, unless the withdrawal has been submitted to the city electors at a special or regular municipal election and approved by two-thirds of those voting on the proposition, except that regular full-time city department heads, may be withdrawn by a majority vote of the city council.

Section § 45008

Explanation

This law allows a city or county's legislative body to create contracts with other cities, counties, state departments, or private entities. These contracts can be for conducting competitive exams to assess job candidates or for other services related to hiring and managing staff in city jobs.

The legislative body may contract with the legislative body of any city or county in the State, any state department, or any private person, corporation, association or partnership, for:
(a)CA Government Code § 45008(a) The conducting of competitive examinations to ascertain the fitness of applicants for positions and employment in the city service.
(b)CA Government Code § 45008(b) The performance of any other service in connection with personnel selection and administration.

Section § 45010

Explanation

This law states that if an employee has to take time off work because of an injury or disease that qualifies for workers' compensation, it won't be counted as a break in their service record. This means that their eligibility for things like salary raises, sick leave, vacation, or seniority won't be affected by the time they are absent due to such injury or disease.

The ordinance shall provide that any period of time during which an employee is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation under the provisions of Division 4 (commencing with Section 3201) of the Labor Code is not a break in his continuous service for the purpose of his right to salary adjustments, sick leave, vacation, or seniority.