HomeMy WebLinkAboutPolice Civil Service Rules & Reg 070622 RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD
FOR THE POLICE DEPARTMENT
CITY OF BAKERSFIELD
07/08/22
Table of Contents
Rule 1 Authority and Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Rule 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Rule 3 Announcement and Advertisement of All Examinations . . . . . . . . . . . . . 7
Rule 4 Applications for Employment (Police Officer and Non-Sworn) . . . . . . . . 9
Rule 4A Police Officer - Lateral Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Rule 4B Police Officer - Continual Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Rule 5 Application for Promotional Examination. . . . . . . . . . . . . . . . . . . . . . . . . 18
Rule 6 Examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Rule 7 Weights and Final Grade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Rule 8 Inspection of Tests and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Rule 9 Review of Civil Service Ratings and Examination Procedures . . . . . . . . 27
Rule 10 Eligible Lists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Rule 11 Appointment From Eligible Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Rule 12 Reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Rule 13 Probation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Rule 14 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Rule 15 Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Rule 16 Civil Service Board as Trial Board - Conduct of Hearing . . . . . . . . . . . . 45
Rule 17 Organization and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Rule 18 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
RULE 1
AUTHORITY AND PURPOSE
1.01 Rules Prescribed. Under the authority of Section (223)3 of the Charter of the City
of Bakersfield, the Civil Service Board for the Police Department does hereby make and
prescribe these Rules and Regulations governing the examination, selection, appointment,
promotion, discharge and removal of members of the Police Department and governing
procedure for hearings before said Board. Whenever in these Rules and Regulations the
masculine gender is used, it shall be deemed to include the feminine gender.
1.02 Purpose. These Rules and Regulations are adopted for the purpose of assuring
the continuance of the Civil Service system for the Police Department, of promoting efficiency
in the dispatch of public business, and of assuring all applicants and employees of the Police
Department fair and impartial treatment.
Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
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RULE 2
DEFINITIONS
2.01 The following words and phrases, as used in these Rules and Regulations, unless
a different meaning is required by content, shall have the following meanings:
1. APPLICANT shall mean a person who has made application to take a
Civil Service examination.
2. APPOINTING OFFICER or APPOINTING POWER shall mean the Chief
of Police or City Manager, as appropriate.
3. APPOINTMENT shall mean the acceptance by a person of a position in
the Department.
4. BOARD shall mean the Board of Civil Service Commissioners for the
Police Department of the City of Bakersfield.
5. BUSINESS DAYS shall mean calendar days exclusive of Saturdays,
Sundays, and legal City holidays.
6. CERTIFICATION shall mean that the Board attests to the fact that those
persons whose names appear on an eligible list have met all legal requirements for the
position indicated on the eligible list, and are approved for appointment at the discretion of the
appointing officer under the rule-of-three.
7. CITY shall mean City of Bakersfield.
8. CITY PHYSICIAN shall mean a medical doctor chosen by the Board.
9. CLASS shall mean a group of positions which are sufficiently alike in
general duties and responsibilities to warrant the use of the same title, class specifications,
and salary range, and the application of common standards of selection, transfer and
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promotion.
10. CLASS SPECIFICATION shall mean a written description of a class or
position which includes title, class number, a general statement of nature of work, duties,
responsibilities, and minimum or desirable qualifications.
11. CLASSIFIED SERVICE shall mean all officers and positions in the Civil
Service as set forth in the Charter of the City of Bakersfield.
12. CONTINUOUS SERVICE shall mean employment by permanent
employees without interruption except for approved leaves of absence. Reinstatement or re-
employment does not make service continuous.
13. DEMOTION shall mean the movement of an employee from one class or
position to another class or position having a lower maximum rate of pay.
14. DEPARTMENT shall mean the Police Department of the City of
Bakersfield.
15. DISCHARGE shall mean termination from City service for cause; the
terms discharge, dismissal and removal shall be synonymous.
16. DIVISION shall mean a separate unit in the Department such as
Investigations, Administration, and Operations, etc.
17. ELIGIBLE shall mean an applicant who receives a final passing rating,
who meets all qualifications, and whose name appears on an eligible list.
18. ELIGIBLE LIST shall mean a list of persons who have been examined
and certified by the Civil Service Board as eligible for appointment or promotion.
19. EXAMINATION shall mean the complete process involved in evaluating,
investigating, and testing the fitness and qualifications of applicants.
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19A. LATERAL TRANSFER shall mean a transfer to the Bakersfield Police
Department of an active duty peace officer employed by a P.O.S.T. approved California
municipal police agency, California county sheriff's office, or California Highway Patrol, or of a
person who had been so employed as stated above within the past 12 months.
20. LAYOFF shall mean separation from a seasonal, part-time, or permanent
position because of work load, economy, lack of funds, or because the position has been
abolished.
21. LIGHT DUTY ASSIGNMENT shall mean the temporary placement or
assignment of a permanent or probationary employee who is recovering from an ailment or
injury to a job function less strenuous than his or her normal duties.
22. NON-SWORN POSITIONS shall mean positions that do not require the
incumbent's oath as a police officer.
23. OPEN EXAMINATION shall mean an examination open to the public and
not limited to applicants in City service.
24. PERMANENT EMPLOYEE shall mean an employee who has successfully
completed his probationary period and has been appointed to permanent Civil Service Status.
25. PERSONNEL DIRECTOR shall mean the City Manager or his authorized
representative.
26. POSITION shall mean a specific office or type of employment as set forth
in the personnel and compensation ordinance, whether occupied or vacant, permanent or
seasonal.
27. P.O.S.T. means the regulations of the Commission on Peace Officer
Standards and Training, adopted in compliance with Section 13506 or 13510 of the Penal
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Code of California, as codified in Title II, Chapter 2, of the Administration Code of California.
28. PROBATIONARY PERIOD shall mean a working test period of one year
for sworn and non-sworn member employees, during which an employee is required to
demonstrate his fitness for the position to which he is appointed, by the actual performance of
the duties of the position. This period is considered to be part of the examination process and
as such may be extended for the amount of time not worked due to illness, injury, suspension,
leaves without pay, or time worked in a light duty status.
29. PROBATIONER shall mean an employee who is serving his probationary
period.
30. PROMOTION shall mean the assignment or reclassification of a
Department employee from one class or position to another having a higher salary range.
31. PROMOTION EXAMINATION means an examination to identify those
persons within the Department best qualified and suited for promotion.
32. RANK shall mean the sequential position attained on an eligible list by an
applicant as determined by the final grade attained by said applicant in a Civil Service
examination.
33. REINSTATEMENT means reappointment of a person, without benefit of
examination, to any class formerly held within the Police Department.
34. RULE-OF-THREE means that the appointing authority must make each
appointment from within the top three positions appearing or remaining on an eligible list,
except that ties in rank appearing within a set of three shall be judged equally.
35. SEPARATION shall mean leaving a position or the Department for any
reason; and where it refers to separation from a particular position to accept another City
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position, it also includes transfer, reassignment, promotion and reduction.
36. SERVICE shall mean employment with the City.
37. SPECIAL EXAMINER shall mean a person designated by the Board to
carry out examinations approved by the Board.
38. SUSPENSION shall mean the temporary removal of an employee from
duty without pay for disciplinary reasons.
39. SWORN POSITION shall mean a police officer of the City of Bakersfield,
as defined by Section 830.1 of the California Penal Code.
40. TERMINATION shall mean the separation of an employee from City
Service. Termination may be by death, discharge, layoff, resignation, retirement, work
completion or by release of a probationary employee during the probationary period.
41. TIME IN SERVICE shall mean the length of time a permanent employee
has served in continuous City police service, beginning with his probationary appointment.
42. TRANSFER shall mean the change of an employee from one division of
the Department to another.
43. UNCLASSIFIED SERVICE shall mean all elected officers, all members of
boards, commissions, and all temporary or seasonal employees.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 11-6-91
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RULE 3
ANNOUNCEMENT AND ADVERTISEMENT OF ALL EXAMINATIONS
3.01 Announcement of Examinations. Upon request by the Chief of Police, the
Chairman of the Civil Service Board may announce examinations to establish eligible lists for
promotion and for employment in the Police Department.
1. In the event that a previously certified eligible list has less than two names
remaining on it, the Personnel Department may, without further delay, issue a notice of
examination consistent with the notice issued from the said previously certified eligible list.
2. A series of open (non-promotional) examinations for the same class of
positions may be announced by a single notice. Such examinations may be administered from
time to time as applicants are available or as the need arises. Number of applications
accepted may be limited not to exceed twenty (20) for testing at one time. The names of all
applicants who qualify in any examination of the series shall be placed on one eligible list in
the order of their final grades. Names shall be removed from such eligible list one year after
the date they were placed thereon.
3.02 Notice of Examination. The Examination announcement shall be printed and shall
contain:
1. The title, nature of work, and maximum and minimum rate of pay for the
position to be filled.
2. The locations where the applications may be obtained and returned.
3. The period during which applications for examinations will be received.
4. The types of examination and their respective weights, if assigned.
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5. Any special physical or medical requirements and examinations, and such
special minimum qualifications as to education, training or experience required of applicants.
6. Notice that the City of Bakersfield is an equal opportunity employer.
7. Notice of the time, place, and general scope of every examination shall be
given by the Commissioners, or by the Personnel Department in the event of an occurrence as
described in Section 3.01(1), by publishing such notice two weeks preceding such examination
in the official newspaper and posting a copy thereof in a conspicuous place in the quarters
occupied by the Police Department in the City of Bakersfield, for two weeks before such
examination.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 9-3-80
Revised & Approved by the Police Civil Service Commission: 3-3-82
Revised & Approved by the Police Civil Service Commission: 6-4-86
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 4
APPLICATIONS FOR EMPLOYMENT
4.01 Who May File. Any qualified applicant shall be admitted to examination who has
personally filed an application as prescribed in the public notices thereof, and upon the form
specified by the Board. The applicant may be required to make application in written form and
subscribe to same under oath.
4.02 Qualifications.
1. Applicants for Police Officer must meet the minimum standards for
employment established by P.O.S.T. and such additional standards as established by the
Board. Applicants for non-sworn positions must meet the requirements set by the Board.
2. Age requirements for original entrance examinations for Police Officers
shall be as follows: Applicant must be at least twenty (20) years and six (6) months of age on
the date of examination. Applicants for non-sworn positions must be at least eighteen (18)
years of age.
3. For each examination process, all applicants for Police Officer,
Telecommunicator, and Police Service Technician must submit to a physical examination by a
licensed physician selected by the Board, must submit to a drug/narcotic testing, and all
applicants for Police Officer must submit to a psychological evaluation administered by the City
of Bakersfield Police Civil Service Psychologist. Applicants failing the psychological evaluation
must wait at least one year before they may be reevaluated. Applicants for other positions
shall submit to a physical examination by a licensed physician selected by the Board. All tests
and examinations prescribed herein shall be at City expense.
4. The Board may establish or cause to be established a physical agility
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examination in order to determine an applicant's physical suitability for the position for which
he has applied. When the position for which the applicant is being tested requires an agility
examination, the applicant will be required to complete the examination at or above the
passing level established by the Board. The physical agility examination shall be so designed
to measure an applicant's capability to perform duties necessary to satisfactorily perform the
job. The Board shall establish the criteria for the physical agility examination and may cause
changes whenever necessary to ensure that all facets of the physical agility examination are
job-related.
4.03 Cause For Rejection. All applicants may be disqualified or removed from any
eligible list who:
1. Fail to establish that they meet the minimum qualifications as stated in the
announcement and in these rules.
2. Fail to meet the medical, physical, or mental standards prescribed by
P.O.S.T., the City, or the City's examiners.
3. Have ever illegally used 'narcotics', or 'restricted dangerous drugs' as
defined in the Health and Safety Code of the State of California as amended from time to time.
4. Have within one year illegally used 'marijuana' as defined in the Health
and Safety Code of the State of California as amended from time to time.
5. Are addicted to, are habitual users of, or are excessive users of alcohol or
any other drug.
6. Have been convicted of a felony or of any crime involving moral turpitude.
7. Have been dismissed from any position, have resigned in lieu of discharge
from or have unsatisfactory records of employment in any position, public or private, for any
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cause which would be a cause for discharge from the Police Department.
8. Have made a false statement of any material fact or have practiced or
attempted to practice any deception or fraud in their application or examination or in securing
eligibility for appointment.
9. Have willfully violated or failed to comply with any of the examination
requirements of the Board, as determined by the Board.
10. Are applicants for positions involving the driving of any vehicle and do not
have a valid driver's license and at least two years driving experience.
11. Have two or more convictions totaling three violation points of the
California Vehicle Code during the prior three years.
12. Failure to meet current recommended, or as amended from time to time,
California Commission on Peace Officer Standards and Training Job Dimensions and/or Pre-
employment Standards established by the Bakersfield Police Department Civil Service
Commission.
Any applicant disqualified or removed from an eligibility list pursuant to this section may
seek a review before the Board by using the procedure set forth in Rule 9 of these rules. At
such review, the Board may waive any of the causes for rejection set forth in this section, but
only if the applicant established that there is good cause therefore and that the applicant is of
good moral character and has not secured a place upon the eligible list by fraud, concealment
of facts, or by violation of these rules. For the purpose of this section, 'good moral character'
shall mean that the applicant possesses honesty, integrity and loyalty, and other ethical
qualities and standards essential for effective police work.
4.04 Notice of Rejection - Defective Applications. Whenever an application is rejected,
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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notice of such rejection shall be mailed to the applicant. Defective applications may be
returned to the applicant with notice to amend same, provided the time limit for receiving
applications has not expired, but defective applications will not be returned a second time.
Failure on the part of the applicant to make prompt return in such cases will be deemed
sufficient cause for rejection.
4.05 Date of Receipt - Failure to Appear. The date of receipt of applications shall be
endorsed thereon. Applications of persons who fail to appear for examination shall not be
used for any later examination.
4.06 Correct Address. All applicants for examination and all persons whose name
appears on the eligible list must file with the Board written notice of current change of address.
Failure to report correct address may be grounds for disqualification. The Board shall not be
bound to certify a person who has not reported a current change of address.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 7-13-77
Revised & Approved by the Police Civil Service Commission: 10-7-81
Revised & Approved by the Police Civil Service Commission: 6-4-86
Revised & Approved by the Police Civil Service Commission: 7-2-86
Revised & Approved by the Police Civil Service Commission: 12-4-91
Revised & Approved by the Police Civil Service Commission: 2-7-92
Revised & Approved by the Police Civil Service Commission: 2-6-98
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 4A
POLICE OFFICER - LATERAL TRANSFER
4.01A Application. An applicant may qualify for a lateral transfer at the entry level for
the position of Police Officer. The applicant must file an application as prescribed in the public
notices thereof, and upon the form specified by the Board. The application shall be in written
form and subscribed under oath. Announcement and advertisement of lateral transfer will be
as specified in Rule 3.
4.02A Qualifications. In addition to the qualifications for entry level police officers found
in Rule 4.02, applicants for Police Officer/Lateral Transfer must possess the following
qualifications:
1. Must have attended a full-time P.O.S.T. approved police academy and
possess a Basic P.O.S.T. Certificate.
2. Must have a minimum of one-year service as a full-time paid peace officer
in a P.O.S.T. approved, California municipal police agency, California County Sheriff's agency
or California Highway Patrol.
4.03A Examinations. Applicants for police officer through lateral transfer shall not be
required to take a written examination, but may be required to take a psychological written
examination. Applicants shall be required to take an oral examination and such other medical
and/or psychological examinations as the Board may require, and, at the discretion of the City
physician, may be required to take a physical agility examination consistent with the entry level
position of a police officer. The oral examination will be weighted at 100 percent and all other
examinations will be rated as pass/fail only. (amended November 5, 1980)
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4.04A Placement on Eligible List. A minimum grade on the oral examination of 70
percent is required for placement on the eligible list. Successful applicants for Police Officer
through lateral transfer shall be placed on the current eligible list for the position of Police
Officer, entry level, in the order of their final earned grade, provided they have passed all the
requirements of the department for the entry level position as provided in the Rules and
Regulations of the Civil Service Board for the Police Department, City of Bakersfield, except as
modified by Rule 4A.
Approved by the Police Civil Service Commission: 2-8-78
Revised & Approved by the Police Civil Service Commission: 11-5-80
Retyped & Approved by the Police Civil Service Commission: 11-6-91
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RULE 4B
POLICE OFFICER - CONTINUAL TESTING
4.01B Continual Testing. The Police Civil Service Commission, through the City
Personnel Office, may conduct continual testing for entry level Police Officers. Such
examinations may be conducted monthly as the need arises.
4.02B Notice of Examination. The Chief of Police will notify the Civil Service
Commission at its regularly scheduled monthly meeting of the need for an examination for the
following month. The Board may authorize such examination at its discretion. If approval is
given, the Notice of Examination will be published and posted, as required by the City Charter,
two weeks prior to said examination.
4.03B Applications for Employment. Applicants for Police Officer examinations shall
make application as outlined in Rule 4.
4.04B Examination Procedure. The City Personnel Office Shall receive applications at
City Hall, 1501 Truxtun Avenue, Bakersfield, California by mail or in person. Up to and
including the first twenty (20) eligible applicants may be tested on the first Thursday of each
month at the City Personnel Office.
1. Written Examination: A written examination consisting of items relating to
reading comprehension, analogies, and writing ability. QUALIFYING ONLY.
2. Physical Agility Examination: Those candidates successfully passing the
written examination will be scheduled for a physical agility examination. QUALIFYING ONLY.
3. Psychological Evaluation: Those candidates successfully passing both
the written and agility examinations will undergo a psychological evaluation.
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4. Background Investigation: Prior to the Oral Examination, candidates will
be required to complete a Personal History Statement, and undergo a thorough background
investigation. Completed Personal History Statements must be returned to the Police
Department within a seven (7) day time span from date received by applicant. If not returned
within the seven day period, applicant will not be considered any further for employment.
5. Oral Examination: An oral appraisal interview to evaluate education,
training, experience, and personal fitness for the position. MINIMUM QUALIFYING SCORE
70% - WEIGHT 100%.
6. Physical Examination: Candidate must be physically capable of
performing all tasks required of a Bakersfield Police Officer as determined by the examining
City physician.
7. Eligible List: Candidates successfully passing all phases of testing will be
ranked on the eligible list, and certified by the Police Department Civil Service Commission,
according to final grade as follows:
Rank
Name
Address & Zip Code
Telephone Number
Date of Certification
Final Grade
Names of candidates not hired by the City of Bakersfield Police Department will be removed
one year from date of certification.
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4.05B Failure to Qualify. If an applicant has failed any portion of the examination
process for the classification of Police Officer with the City of Bakersfield, he or she will not be
allowed to take another examination for said position within a six month period.
Approved by the Police Civil Service Commission: 10-7-81
Revised & Approved by the Police Civil Service Commission: 3-3-82
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 5
APPLICATION FOR PROMOTIONAL EXAMINATION
5.01 Any qualified applicant who has personally filed a written request to take a
promotional examination, as prescribed in the public notice thereof, shall be permitted to do so.
5.02 General Qualifications:
1. All applicants must be permanent employees of the Bakersfield Police
Department.
2. All applicants must have completed the probationary period of their current
classification prior to the date of the examination, except detectives applying for the position of
sergeant and senior police officers applying for the position of detective need not have
completed their probationary period.
3. Any person who has been demoted to a lower classification, as a
disciplinary measure, is not qualified to take any promotional examination for a period of one
year from the date of demotion.
4. Police officers seeking any higher sworn classification must have had
three years of experience as a regular paid police officer, one year of which must have been
served in the Bakersfield Police Department immediately preceding the date of the
examination.
5. Recent physical examinations may be required of all applicants either prior
to the examination or prior to promotion, at the discretion of the Board. If required prior to the
promotional examination, only those persons found to be physically and mentally fit by the
examining physician are qualified to take the promotional examination. If required prior to
promotion, only those persons found to be physically and mentally fit by the examining
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physician may be certified for promotion. At the discretion of the Chief of Police, the applicant
may be required to take a psychological examination prior to promotion.
5.03 Persons desiring to take any promotional examination must meet such additional
qualifications as may be established by the Board. Any such additional qualifications shall be
clearly set forth in the official announcement of the examination.
5.04 Persons who do not meet the minimum qualifications for promotional
examinations may submit an application to participate in the examination process and request
a waiver to such minimum qualifications prior to the testing procedure. The waiver request
must be written and delivered to the secretary of the Civil Service Commission at least five
working days prior to the next scheduled Civil Service Meeting and prior to the start of the
testing process. The person requesting the minimum qualifications waiver should be present
at the Civil Service meeting for a hearing on such waiver. The decision of the Civil Service
Board on waiver requests is final.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 2-8-78
Revised & Approved by the Police Civil Service Commission: 1-4-90
Revised & Approved by the Police Civil Service Commission: 3-7-90
Revised & Approved by the Police Civil Service Commission: 4-4-90
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 6
EXAMINATIONS
6.01 The Board shall establish the scope for all examinations, which may include a
written test, oral examination, background investigation, physical agility test, practical
application test, and other appropriate means for determining the relative fitness of applicants
for employment or promotion.
6.02 The Board is responsible for all segments as well as for the whole examination;
however, the Board may appoint qualified examiners to assist or administer any segment or
segments and my delegate the appropriate authority to them.
1. The Board shall prepare or have prepared under its direction all written
examinations.
a. All examinations shall be impartial and shall deal with the duties
and requirements of the positions to be filled.
b. Each candidate in a competitive written examination shall be
presented with a numbered identification card on which he shall write his name and any other
information requested, after which he shall place it in an envelope, seal and return the
envelope to the examiner, and thereafter he shall make his papers with his identification
number only. No identification envelope shall be opened until after the examination papers of
all the candidates are marked and graded. Any competitor in a written examination who
places any identification marks other than his identification number upon any of his
examination answer sheets may be deemed to have failed the examination. Any answer sheet
bearing any kind of identification mark other than the examination number need not be marked
or graded.
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c. In conducting written examinations, all necessary explanations shall
be made to the whole class and none to any individual separately.
d. Conversation or communication between competitors during written
examinations is prohibited.
e. During written examinations, no competitor shall be allowed to
leave the examining room, except in case of necessity, and after notice to the examiner, and
then only in company with someone selected by the examiner.
f. No help of any kind shall be allowed during examination. Any
written or printed matter that might be of aid in the examination must be handed in to the
examiner before the examination is commenced. Any attempt to cheat or to copy from a
competitor shall render the offender ineligible for further consideration.
g. Any applicant who withdraws from a written examination after filling
out his identification card and receiving copies of the questions shall be considered as having
failed the examination.
h. The limit of time prescribed for each examination shall be
announced at the beginning of each examination and shall begin when all announcements
shall have been made and examinations shall have been distributed.
2. The Board hereby appoints the Chief of Police as a special examiner to
conduct Board-approved examination processes to identify those officers best qualified for
promotion to the classification of Senior Police Officer and Detective.
a. Upon completion of such examination processes, the Chief of
Police will report to the Board the results of each segment and his overall findings as to the
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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relative qualifications of the applicants for the position of Senior Police Officer, Female
Investigator II, Female Investigator III, or Detective.
b. After completion of the examination, the Chief of Police shall submit
the eligible list to the Board for certification.
c. The Board shall then certify the eligible list unless the Board finds
that the examination process approved by the Board was not followed, in which event a new
examination will be conducted by the Chief of Police or by the Board.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 2-8-78
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 7
WEIGHTS AND FINAL GRADE
7.01 Written and Oral Examinations. An examination may consist of several segments.
The Board may set a minimum score or grade to be required in any segment of the entire
examination. Any applicant who fails to attain such minimum score shall be considered as
having failed in the entire examination and shall not be entitled to take any remaining part.
7.02 Weights and Grading. The Board shall have the authority to weigh each segment
and category of the examination. Each segment and category of every examination shall be
graded independently, and the grade obtained shall be multiplied by the weight so assigned.
The sum of the resulting products shall be divided by the total weights of all segments and
categories of the examination other than pass-fail segments, and the resulting quotient shall be
the grade which shall be used in determining whether the name of the applicant shall appear
on the eligible list. The grade shall be rounded off to the nearest hundredth of a point. Unless
otherwise provided in the notice published prior to holding the examination, or unless
otherwise announced, a minimum curved or adjusted grade of seventy percent (70%) is
required for placement on the eligible list.
7.03 Veteran's Preference. In order to qualify for Veteran’s Preference, an applicant
must meet the requirements of Government Code §18973, which defines a veteran as anyone
who has served full time for 30 days or more in the armed forces in war or in peace in a
campaign in which a medal has been authorized by the United States government, or has
served 101 consecutive days since January 31, 1955, and who has been released under
conditions other than dishonorable but does not include any person who served only in
auxiliary or reserve components of the armed forces whose service therein did not exempt him
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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or her from the operation of the Selective Training Service Act of 1940.
1. Veterans who have obtained a passing grade of at least 70% in all
segments of an examination for entrance employment shall be allowed an additional credit of
five (5) points. Current City employees will not receive Veteran’s Preference.
2. In order to receive the Veteran’s Preference credit, an applicant shall have
applied to the Human Resources Division for such credit and have presented evidence of his
or her “veteran” status acceptable to the Human Resources Manager, not later than the filing
deadline for employment application.
3. Applicants who fail to apply for Veteran’s Preference credit, or do not
present the required credentials within the prescribe time allowed, shall be deemed to have
waived such credit.
7.04 Employment Preference. Persons applying for employment in a permanent
position, other than promotional, within the Police Department who have had employment,
previous or current, with the City of Bakersfield, will be granted one additional point for each
year of satisfactory service, up to five points, provided the applicant has obtained a passing
grade in all segments of the examination for employment. To obtain employment credits, the
applicant must present proof of such employment no later than the time of the first segment of
the examination.
1. Employment is defined, for the purpose of this section, as either temporary
employment or permanent employment.
7.05 Maximum Preference Points. In no event shall a person receive more than a total
of five (5) preference points, including veteran's and employment preference.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 4-4-83
Revised & Approved by the Police Civil Service Commission: 11-6-91
Revised & Approved by the Police Civil Service Commission: 9-4-02
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 8
REVIEW AND APPEAL OF TEST RESULTS
8.01 Inspection and Appeal of Written Examination.
1. An applicant competing in a Civil Service examination may, within three
(3) business days from the date of taking the written test, inspect the test questions and
answers. This inspection will be held in the office of the Human Resources Department and
under the supervision of the City Manager's authorized representative.
2. Within five (5) business days from the date of taking the written test, an
applicant may appeal to the Board in writing any test questions they perceived are unfair or
unreasonable. The applicant shall cite the question, page number, and reasons or authority in
support of their contention. Thereafter, no appeals of the test questions will be accepted. Only
appeals to the written test as specified herein are subject to appeal under this section. An
appeal failing to set forth the reason or authority for a contention will be denied. The Board
shall make a final ruling on accepted appeals, after which test answers will be graded
according to the Board’s decision.
8.02 Notice of Written Test Results. After the three (3) business day inspection period,
and after a Board decision on any appeal taken under Section 8.01, each applicant shall be
given written notice of their final written test score, within thirty (30) days of the written test
date.
8.03 Notice of Final Oral Interview Rating. Within five (5) business days after
completion of the oral interview, each applicant shall be notified in writing of either their final
score or rating and their relative standing on the eligible list, or of failure to obtain a place on
such list.
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Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
Revised & Approved by the Police Civil Service Commission: 7-8-22
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 9
REVIEW OF EXAMINATION RATINGS AND PROCEDURES;
APPEAL NOTICE OF MEDICAL AND PSYCHOLOGICAL RESULTS
9.01 Review. Any applicant claiming that their final results in the examination are
erroneous because of clerical error, or error in the application of any rule, or that there was
irregularity, discrimination, or fraud in the conduct of the examination, may file a written request
for review by the Board with the Secretary of the Board postmarked no later than the ten (10)
calendar days after the date of notice of their final examination results. The Board shall take
into consideration and rule on such objections within twenty (20) days after the date of
receiving the written request for review. Appeals to the medical or psychological results shall
occur pursuant to the process set forth in Sections 9.03, 9.04, and 9.05.
9.02 Power of Board. If the consideration by the Board discloses facts which justify it,
the Board may:
1. Affirm the final rating of the applicant as determined after the review.
2. Affirm the results of the examination as not involving any irregularity,
discrimination, or fraud as alleged.
3. Request the final rating of the applicant be corrected by the Human
Resources Department of any error.
4. If the Board finds and rules there was irregularity, discrimination, or fraud
which resulted in prejudice to any applicant, it may declare and nullify the examination,
resulting in the cancellation of the eligible list, or any part of such examination.
5. If the Board restores an applicant to the eligible list, the Board shall
request the Human Resources Department determine the rank of the applicant on the eligible
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list.
9.03 Appeal of Completed Psychological Examination Results. Any applicant who feels
there is an error in their completed psychological examination may file a written request for
review by the Board with the Secretary of the Board date stamped no later than ten (10)
calendar days after the date of notice of their examination results. “Completed Psychological
Examination” shall mean completion of both the written examination and the interview session
administered by a City approved psychologist or psychiatrist.
9.04 Psychological Examination Appeal Process. An applicant who has filed a written
letter requesting review of their completed psychological examination results shall be notified
in writing of the appeal process which is as follows:
1. The applicant will be given the name(s) of POST-approved psychologists
or psychiatrists authorized by the Board to choose from to conduct such examinations.
2. The applicant will be advised that they are initially responsible for the
expense of such examination review, however, the City may reimburse the applicant for
reasonable documented expenses if the appeal is upheld by the Board.
3. The applicant must ensure their examining psychologist or psychiatrist
submits the written results within forty-five (45) days of notification of the appeal process to the
City’s Human Resources Department.
4. Within fourteen (14) days of receiving the written results – pursuant to
9.04 (3), the City appointed psychologist or psychiatrist shall then consult with the applicant’s
examining psychologist or psychiatrist of their findings and submit a written report and
recommendations to the Human Resources Department for the consideration and ruling by the
Board.
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9.05. Medical Appeal. Upon disqualification for not meeting the minimum medical
standards set forth by the City and/or POST Medical Screening Guidelines, an applicant shall
have the right to file a written appeal to the Board no later than ten (10) calendar days after the
date of notice of disqualification.
1. The applicant may elect to gather information from other medical experts or a
personal physician with more extensive health history in support of the appeal.
2. The applicant is responsible for all related expenses of such examination(s).
3. The applicant is responsible for providing POST medical screening guidelines with
the examining provider.
4. The applicant must complete the appeal process and ensure supplemental reports
are provided within forty-five (45) days of notification of the appeal process to the City’s Human
Resources Department.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 10-6-82
Revised & Approved by the Police Civil Service Commission: 1-4-89
Retyped & Approved by the Police Civil Service Commission: 11-6-91
Revised & Approved by the Police Civil Service Commission: 4-5-06
Revised & Approved by the Police Civil Service Commission: 7-8-22
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 10
ELIGIBLE LISTS
10.01 Placement. Candidates obtaining the required grade in an examination shall
have their names placed on an eligible list, providing they meet all requirements for the class
for which they were examined. The placement shall be in the order of their final earned grade
(including veteran or employee preference). Candidates of equal standing at the completion of
all testing shall be certified as a tie score and all such candidates shall have their names
placed on the eligible list as a tie.
10.02 Effective Period - Extension. An eligible list resulting from either an entrance
examination or a promotional examination shall be effective for one year from the date of
certification; provided, however, that the Board may, before the expiration period, extend such
eligible list.
10.03 Termination of Eligible Lists. An eligible list may be terminated by the Board
whenever fewer than three names remain on the list or where a certification of at least two
names is impossible because eligibles on the list have either refused appointment, have
requested that their names be withheld, or have failed within a reasonable time to reply to
written inquiry regarding availability for the position.
1. Persons whose names were on a terminated eligible list shall be treated
as if their names were never on such list. They must compete in a new examination process
to gain a place on a new eligible list.
10.04 Waiver of Appointment. An eligible on any list who has been certified for
appointment may apply in writing to the Board for approval to waive the appointment, stating
the reasons for the requested waiver. If the application is denied, the eligible's name shall be
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31
removed from the list; if approved, the Board shall determine the future placement of the
eligible's name on the list.
10.05 Withholding and Removing Names From Certification. The name of an eligible
may be withheld or removed from certification when:
1. He expresses unwillingness or inability to accept appointment.
2. He fails to respond within seven business days next succeeding the
mailing of written inquiry regarding availability for permanent employment or request to appear
for interview regarding such employment.
3. He fails to present himself for duty at the time agreed upon after having
accepted an appointment.
4. Or for any reason enumerated in Section 4.03 or 5.02.
10.06 Restoration to Certification. When the name of a person has been withheld from
an eligible list or from certification or has been removed from the list, it may be placed on such
list;
1. When restored thereto by the Board on appeal under Rule 9; or
2. Where the withholding or removal was because of the unwillingness or
inability of the eligible to accept an appointment, or failure to respond to an inquiry as to his
availability, to appear for interview, or to present himself for duty, and the applicant presents a
good and valid reason for such unwillingness, inability, or failure and certifies to the Secretary
that he is now willing and able to accept appointment.
10.07 Effect of Removal, Withholding or Restoration. Whenever an eligible is removed
from the eligible list by the Board, notice of such removal shall be mailed to the applicant. The
removal or withholding of a name shall automatically advance all of the names below it on the
eligible list. Restoration of the name of an eligible shall not affect an appointment from any
certification or eligible list made before such name was restored or added.
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Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
Revised & Approved by the Police Civil Service Commission: 6-16-93
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 11
APPOINTMENT FROM ELIGIBLE LISTS
11.01 Certification is subject to appeal. The Board shall certify the eligible lists to the
appointing officer. The lists shall contain the names of all persons, in the order of their rank,
who have successfully completed the testing process for a particular classification. The lists
may be submitted to the appointing officer immediately after certification; however, no
appointment or promotion shall be made from the lists until after the periods of appeal under
Rules 8 and 9 have expired, or until the Board has resolved any such appeal, whichever is
later.
11.02 Rule-of-Three. Although the eligible list contains the names of all persons
qualified for the classification identified on the list, the appointing officer shall make
appointments or promotions by the rule-of-three, as if he had received no more than the
names of the three candidates standing highest upon the eligible list, with the exception of ties
on the first appointment or promotion from the list.
11.03 When there are only two names standing or remaining on an eligible list, the
appointing officer may, at his option, make one or two appointments or promotions or defer
such appointments or promotions pending the creation of a new eligible list.
11.04 When an eligible list contains only one name, no appointment or promotion shall
be made unless there are no reasonable means of obtaining additional qualified candidates
and there is a pressing need to fill the position promptly. Such appointment or promotion must
have prior and specific approval of the Board.
Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 12
REINSTATEMENT
12.01 Lay-Off. Any person having permanent status in the Police Department who is
laid off because of temporary or permanent abolishment of his position, provided his overall
performance evaluation reports have been satisfactory, shall have priority over candidates on
any other list for reinstatement to the position from which he has been laid off. The names of
persons laid off shall be placed on an appropriate reinstatement list in order of seniority as
determined by length of prior service.
12.02 Resignation. Any employee having had previous employment with the Police
Department and who resigned, may make application for reinstatement. Such application will
be made to the Chief of Police.
1. If the Chief of Police believes the reinstatement would be of substantial
benefit to the City, and if the members of the Board concur, the former employee may be
reinstated to fill an existing vacancy.
2. If the Chief of Police does not believe reinstatement would be of
substantial benefit to the City, or if no vacancy exists, the former employee must go through
the examination process in seeking a place on an eligible list.
3. An existing vacancy is defined, for the purpose of this rule, as an unfilled
position for which no one has been informed in writing that he is to fill, or one that he has been
informed of but declined.
Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 13
PROBATION
13.01 Part of Examination Process. The probationary period shall be an essential part
of the examination process and shall be used for the effective adjustment of the employee and
for the elimination of any probationary employee whose performance fails to meet the required
standards of work or conduct.
13.02 Duration of Probation. All appointments from eligible lists shall be subject to a
probationary period of one year.
13.03 Conditions to Permanent Appointment. The permanent appointment of a
probationary employee shall begin on the day following the end of the probationary period
provided he has not been discharged at or before the expiration of the period of probation.
13.04 Termination of Probationer During Probationary Period. A probationary
employee may be discharged at any time during the probationary period by the authority of the
appointing officer without right of appeal or hearing. Promotional appointees may be reduced
to the last previously held rank during the probationary period by the authority of the appointing
officer without right of appeal or hearing.
13.05 Testing and Evaluation. Prior to the end of such probationary period, employees
may be tested in accordance with the rules of the Police Department for the purpose of
evaluating such employee's qualifications, performance, merit, efficiency, fitness, and
responsibility. No formal test is required, unless so required by the Department regulations.
During the probationary period, the employee shall be required to demonstrate his fitness for
the position to which he is appointed by actual performance of the duties of the position.
Approved by the Police Civil Service Commission: 2-11-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 14
MISCELLANEOUS
14.01 Temporary Appointments. After the Board approves that such action is
necessary, the Chief of Police may, at his own discretion, make temporary appointments to
positions within the Department in order to prevent a stoppage of public service or to meet
emergencies. Such appointments will remain in force no longer than sixty (60) days, or until
an eligible list is established, whichever occurs sooner.
14.02 Physical Examination at Request of Appointing Officer. Whenever the appointing
officer, from his personal observations, or from information received from any source
whatsoever, believes than an employee has contracted an ailment or suffered any disability
which may in any substantial degree interfere with the performance of his duties as an
employee of the City of Bakersfield, or endanger the safety and life of fellow employees, said
appointing power may require that such employee pass a physical examination given by the
City physician as provided in Section III, A,B,C, City of Bakersfield Medical Examination
Instruction and Standards, and based upon the duties of his position.
1. Notice to Employee - Physical Examination: Whenever the appointing
power determines that an employee is to be given a physical examination, he shall give written
notice to the Board; said notice to contain the name of the employee, the position held by him,
and the department in which he is working.
2. Charges May Be Based on Medical Report: The report of the City
physician shall be filed with the appointing power. If the employee fails to pass said
examination or if the appointing power determines from the medical report that the employee
suffers from some ailment or disability which may in any substantial degree interfere with the
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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performance of his duties, or endanger the safety and life of fellow employees, the appointing
power may suspend or dismiss the employee and file charges with the Board. The charges
shall contain a copy of the report of the City physician. The employee so suspended or
dismissed shall have the right of appeal, as provided in the City Charter and these Rules.
14.03 Duty Assignment. The assignment of a person to a position or duty from one
division to another within the classification he currently holds is the prerogative of the Chief of
Police. Further, a person may voluntarily be assigned to a position in a higher classification for
training, with a change in classification or a raise in pay.
14.04 Light Duty. All light duty assignments will be made at the direction and within the
discretion of the Chief of Police. No light duty assignments will be considered without a
release from the City physician.
14.05 Transfers from Sworn to Non-Sworn Status. In the event that a sworn officer
becomes disabled due to an off-duty injury which renders him incapable of meeting the
requirements of a sworn officer but otherwise able to perform the duties of a non-sworn
position within the department and upon written request of the employee, the Chief of Police
may, with the prior approval of the Civil Service Commission, change the disabled officer's civil
service status from sworn to non-sworn and assign the officer to the non-sworn position
providing the appointment would not exceed the complement authorized in that position.
Approved by the Police Civil Service Commission: 2-11-76
Revised & Approved by the Police Civil Service Commission: 12-2-87
Retyped & Approved by Police Civil Service Commission: 11-6-91
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
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RULE 15
DISCIPLINARY ACTION
15.01 Authority to Discipline. The Chief of Police has the authority to take disciplinary
action.
15.02 Types of Disciplinary Action. The disciplinary actions, subject to appeal to the
Commission, are discharge, demotion or suspension for a period greater than thirty (30) days.
Any appropriate combination of the preceding may be used. Any other disciplinary action may
be taken by the Chief of Police without the right of appeal to the Civil Service Board.
Disciplinary actions shall be effective immediately upon personal notice to such employee. If
such employee cannot with reasonable diligence be found in the City of Bakersfield, or when
the employee is absent from duty without leave, service of a written statement upon such
employee mailed to his last known address is effective in lieu of personal notice.
15.03 Suspension for Definite Time. As disciplinary measure, the Chief of Police or his
authorized representative may suspend any employee for a period not exceeding thirty (30)
days. Such action shall effect the temporary separation from the municipal service of an
employee without compensation or accrual of employee benefits for the period of time
designated. Such action by the Chief of Police cannot be appealed to the Civil Service
Commission.
15.04 Suspension Pending Investigation. The Chief of Police or his authorized
representative may suspend without compensation any employee who may be subject to
disciplinary action pending further investigation. An employee suspended pending such
investigation may be subject to such suspension for a period not to exceed ten (10) days
unless during that period he is discharged or suspended and served with a written statement of
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
39
such disciplinary action. In the event the investigation develops in employee's favor, and no
such disciplinary action is taken, the employee shall be reinstated to duty with accrued salary
and other accrued benefits.
15.05 Written Charges. For discharge, demotion or suspension for a period greater
than thirty (30) days, the Chief of Police shall prepare or cause to be prepared written charges
which are set forth clearly and with such particularity as shall enable the employee to
understand the charges made against him and to answer the charges. The written charges
shall be prepared with ten (10) days after the employee has been notified of the disciplinary
action initiated by the Chief of Police. The written charges shall be filed with the Civil Service
Board. Any employee against who written charges are filed shall be informed that he has the
right to answer such charges and demand a hearing before the Civil Service Board, and that
he is entitled to be represented at such hearing by an attorney at his own expense.
15.06 Service of Written Charges. The disciplined employee shall be served personally
with a copy of the written charges; provided that if he cannot with reasonable diligence be
found in the City of Bakersfield, or when he is charged with absence from duty without leave,
then a copy thereof may be mailed to his last known address.
15.07 Right to Answer and Demand Hearing. Any employee served with written
charges may file with the Civil Service Board, within ten (10) days of the service upon him of
the written charges, a written Answer to such charges and a Demand For Hearing. Failure to
answer said charges and to demand a hearing within then (10) days from the date of service of
the written charges shall be an admission of the charges and a waiver of hearing, whereupon
the Board shall find the accused employee guilty as charged, and the disciplinary action shall
be upheld and confirmed. Where the employee has been suspended pending investigation,
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
40
the disciplinary
action shall be effective as of the date of his suspension.
15.08 Suspension Pending Hearing. In the event that written charges for discharge are
to be filed against an employee, the Chief of Police or other authorized representative may
suspend the person accused pending the filing of the charges. Within a reasonable time after
such suspension, and in any event within ten (10) days after such suspension, written charges
shall be filed and served as stated in Sections 15.05 and 15.06. In the event that the
employee files an Answer and Demand For Hearing as stated in Section 15.07, such
employee shall continue to be under suspension without compensation until the Civil Service
Board reaches it decision.
15.09 Causes For Disciplinary Action. Each of the following shall constitute grounds for
disciplinary action:
1. Fraud in securing appointment or promotion.
2. Incompetency. Among other things, incompetency shall be deemed to
include, but not limited to: any permanent or chronic physical or mental ailment, affliction, or
defect which incapacitates any employee for the proper, safe and efficient performance of the
duties of his position. Incompetence shall also be deemed to include the use or possession of
any substance, the use or possession of which is a crime under the Health and Safety Code.
Due to public safety considerations, and due to the fact that all personnel in sworn
positions are subject to reporting for duty at any time when a public emergency arises, it shall
be deemed neither a defense nor a mitigating factor that the use or possession of the
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
41
controlled substance for which the individual is charged under this section occurred during a
non-duty period.
3. Inefficiency.
4. Inexcusable neglect of or inattention to duty.
5. Insubordination.
6. Dishonesty.
7. Consumption of alcoholic beverages, except if directed for the
performance of his duties, or intoxication on duty.
8. Habitual intemperance.
9. Inexcusable absence without leave.
10. Conviction of a felony or conviction of any crime involving moral turpitude.
A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a
felony or any offense involving moral turpitude is deemed to be a conviction within the meaning
of this section.
11. Immorality or immoral conduct.
12. Discourteous treatment of the public or other employees.
13. Conduct unbecoming an officer or employee of the City.
14. Improper political activity. See General Orders #47.
15. Willful disobedience.
16. Misuse of City property.
17. Failure to maintain valid driver's license where required.
18. Violation of any provision of the Charter or of any ordinance of the City or
of any resolution adopted by the City Council relating to conduct in office of persons employed
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
42
by the Police Department, or violation of the Peace Officers' Code of Ethnics, or failure to
perform the duties of his position or to observe the Rules and Regulations, General Orders, or
standard operating procedures of the Police Department in relation thereto.
It shall be the duty of every employee of the Police Department to maintain his physical
condition so as to conform to the physical standards established for his position, and failure by
any such employee to so maintain his physical condition shall be deemed a failure to observe
the established Rules and Regulations in relation to his position within the meaning of this rule.
19. Any conduct or behavior of an officer either during or outside of duty hours
which, if known, would undermine the confidence of the community in the Police Department.
15.10 Designation of Parties. The person filing the charges shall be designated as the
complainant, and the employee against whom the charges are filed shall be designated as the
accused or as the defendant.
15.11 Setting Date for Hearing. Within ten (10) days after the written Answer to the
charges and Demand For Hearing have been filed with the Civil Service Board, such Board
shall set a time, date and place for a hearing of such charges. Not less than five (5) days
notice of such hearing shall be given to the complainant and to the accused or to his attorney
at the last known address of each of such persons, and upon the date so fixed, they shall
attend the hearing and may be heard and produce witnesses on their behalf.
15.12 Exchange of Names of Witnesses. At least five (5) days before the time set by
the Board for hearing such charges, the complainant shall furnish to the defendant, the names
and addresses of all witnesses who are to be called to testify against the defendant at such
hearing; and the defendant shall furnish to the complainant, or to the Board for the use of the
complainant, the names and addresses of all witnesses who are to be called to testify in behalf
RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD FOR THE POLICE DEPARTMENT CITY OF BAKERSFIELD
43
of the defendant at such hearing. No witnesses except those whose names are furnished shall
be permitted to testify at such hearing, except that upon a proper showing made, the Board
may permit the testimony of additional witnesses.
15.13 Discovery. After the accused files an Answer and Demand For Hearing, either
party, upon written request to the other party made at least ten (10) days before the hearing, is
entitled to obtain the names and addresses of witnesses five (5) days before the hearing, or as
soon as known thereafter if not known five (5) days before the hearing, such names and
addresses including, but not limited to, those intended to be called to testify at the hearing; and
to inspect and make a copy of any of the following in the possession or custody or under the
control of the other party:
1. Any written statements of witnesses then proposed to be called by the
party and of other persons having personal knowledge of the acts, omissions or events which
are the basis for the disciplinary action.
2. Any written statement, reports or test results which the party then
proposes to offer in evidence.
The Trial Board may, in its discretion and upon showing of good cause, allow either
party to offer matters into evidence when compliance with the above discovery has not been
made or completed.
Interrogatories shall not be permitted.
Depositions will only be permitted upon order of the Trial Board, and only where the
witness lives outside of the county where the hearing is being held, or is in some manner
incapacitated from attending the hearing. Any party requesting such an order must file a
verified petition setting forth the name and address of the witness whose testimony is desired;
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a showing of the materiality of his testimony; and a showing that the witness lives outside of
the county or is incapacitated to such a degree that he cannot attend the trial. The cost of the
deposition shall be borne by the party taking the deposition.
15.14 Failure to Appear at Hearing. If the accused shall fail to appear, either personally
or by his attorney, at the time and place described in the notice for the hearing, or any time
after the commencement of the hearing, and if it shall appear that the notice was duly served,
the Board may dismiss the appeal, and the discharge, suspension, reduction or demotion of
the accused shall thereupon be deemed final.
Approved by the Police Civil Service Commission: 4-14-76
Revised & Approved by the Police Civil Service Commission: 5-11-88
Revised & Approved by the Police Civil Service Commission: 11-6-91
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RULE 16
CIVIL SERVICE BOARD AS TRIAL BOARD - CONDUCT OF HEARING
16.01 Trial Board. For the purpose of hearing and determining the validity of the
charges made against an officer or member of the Police Department, the Trial Board shall be
the Civil Service Board. Such Board shall have the authority to make orders of continuance
and consolidation or severance of hearing.
16.02 Hearing. Unless a public hearing is requested by the accused employee, it shall
be discretionary with the Trial Board whether to hold a public hearing or a closed hearing.
16.03 Hearing Officer Optional. A Hearing Officer may be appointed by the Trial Board
to preside over the proceedings and to rule on matters of procedure, including the admissibility
of evidence. The Hearing Officer shall exercise such control over the proceedings as is
reasonable and necessary. The Hearing Officer will not participate in deliberations on the
charges. The Hearing Officer shall be a member of the State Bar of California.
16.04 Right of Accused. When the Civil Service Board is sitting as the Trial Board, the
defendant shall attend, either personally or by his attorney, all sessions of the hearing unless
excused by the Trial Board, and shall be entitled to:
1. Be represented by counsel at all stages of the hearing at his own
expense.
2. Subpoena witnesses in his behalf and examine such witnesses.
3. Cross-examine all witnesses adverse to him.
4. Present such affidavits, documents, exhibits and other such evidence as
the Trial Board or the Hearing Officer deem pertinent to the charges.
5. Argue his case, either personally or by his counsel.
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6. If the defendant does not testify on his own behalf, he may be called and
examined as if under cross-examination. Refusal of the defendant to submit to examination for
the purpose of answering relevant questions shall be grounds for dismissing the appeal and
finding the accused employee guilty as charged.
16.05 Subpoenas. Before the hearing has commenced, the City Clerk shall issue
subpoenas and subpoenas duces tecum at the request of any party for attendance or
production of documents at the hearing. Subpoenas duces tecum shall be in compliance with
the provisions of Section 1985 of the Code of Civil Procedure. After the hearing has
commenced, the presiding officer of the Trial Board or the Hearing Officer, if one has been
appointed, may issue subpoenas and subpoenas duces tecum.
16.06 Evidence at the Hearing. The hearing need not be conducted according to
technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which might make improper
the admission of such evidence over objection in a court. Oral testimony shall be given only
under oath or affirmation. Copies of reports or records of any governmental agency, division
or bureau shall be accepted as evidence in lieu of the original thereof.
16.07 Exclusion of Witnesses. The Civil Service Board, sitting as a Trial Board, may, in
its discretion, exclude witnesses not under examination. Persons not to be excluded are: the
defendant, his counsel, the complainant or his representative, and the City Attorney or his
representative. When hearing testimony of scandalous, immoral or indecent conduct, the Trial
Board may exclude all persons not having a direct interest in the hearing.
16.08 Burden of Proof. The burden of proof shall be on the complainant in all
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disciplinary hearings.
16.09 Cross-Examination of Defendant. The defendant may be required to testify and
answer any relevant questions, and may be cross-examined as to any matter relevant to the
charge or charges if he takes the stand voluntarily.
16.10 Conduct of Hearing. The Trial Board or Hearing Officer shall regulate the
conduct of hearings so that the same will not be unnecessarily prolonged, and may confine
witnesses in their testimony to the material matters under consideration, may refuse to hear
cumulative testimony, and will administer the oath or affirmation to witnesses.
16.11 Power of Contempt. If any person in proceedings before the Trial Board
disobeys or resists any lawful order, or refuses to respond to a subpoena, or refuses to take
the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of
misconduct during a hearing or so near the place thereof as to obstruct the proceedings, the
Board shall certify the facts to the Superior Court in and for the county where the proceedings
are being held upon an order to show cause why he should not be punished for contempt. The
order and a copy of the certified statement shall be served on the person. Thereafter, the
court shall have jurisdiction of the contempt matter.
16.12 Reinstatement if Charges Not Sustained. If upon hearing of the charges it is the
judgment of the Trial Board that the charges are not supported by the weight of evidence and
by substantial evidence presented before such Board, the Board shall disapprove and reject
the disciplinary action taken. In this event, the employee shall be reinstated and restored, and
shall be entitled to receive compensation during the period of his suspension pending such
hearing and reinstatement.
16.13 Authority of Trial Board if Charges Sustained. If upon such hearing it is the
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judgment of the Trial Board that the charges are supported by the weight of evidence and by
substantial evidence presented before such Board, the Board shall approve and sustain the
disciplinary action or inflict such other disciplinary action upon such employee as in the
judgment of the Board shall be suitable.
16.14 Findings and Decision.
1. Written findings supporting the decision of the Trial Board are required.
The Board may direct the City Attorney to prepare findings, which shall be signed by the
Board. Findings may be waived by consent in writing filed with the Board, or by oral consent in
open hearing, entered in the minutes, and shall be deemed waived by an accused employee
by failure of the accused employee or his counsel to appear at the hearing. Where findings
are required, they shall fairly disclose the Trial Board's determination of all issues of fact in the
case.
2. The decision of the Board shall be rendered within fifteen (15) working
days from the date of closing of the hearing. The decision shall be mailed promptly to the
accused, or delivered to him personally, and shall be delivered to the complainant without
delay. The decision of the Trial Board shall be final, and shall forthwith be enforced by the
appropriate City authorities.
16.15 Appeal and Transcript. Judicial review may be had by filing a petition for a writ of
mandate in accordance with the provisions of the Code of Civil Procedure. Any such petition
shall be filed within thirty (30) days after the preparation of the transcript and record. The
petitioner must request preparation of the transcript and record, and must deposit the
estimated fee with
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the City for such preparation within thirty (30) days after notice of the decision by the Trial
Board. The petitioner shall pay the costs of the preparation of the transcript and record.
Approved by the Police Civil Service Commission: 4-14-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91
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RULE 17
ORGANIZATION AND ADMINISTRATION
17.01 The Board. The Civil Service Board for the Police Department consists of three
Civil Service Commissioners as prescribed in Section (221)1 of the City Charter. The Board
shall have authority and responsibility to:
1. Interpret and enforce these rules and regulations.
2. Have charge of all matters pertaining to the preparation and conduct of
examinations, and with respect to such matters shall:
a. Determine the examination to be conducted.
b. Prepare and post bulletins announcing examinations.
c. Make arrangements for supervision of the examinations, appointing
such experts, special examiners and other persons as it may deem necessary.
3. Make rules to carry out the provisions of the City Charter, and make rules
for examinations, appointments, promotions and discharge, and amend such rules from time to
time.
4. Keep minutes of the proceedings, records of its examinations and such
other records as desirable and necessary to administer the Civil Service System.
The Personnel Director shall assist the Board in performing the above provisions.
17.02 Election of Officers. At the first meeting of each calendar year, the Board shall
elect one of its members as Chairman and another as Secretary, who shall hold office until a
successor shall be elected. The Board may also appoint an Assistant Secretary at any time
from among the secretarial staff of the City of Bakersfield to record the minutes and transcribe
them for the Board.
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1. The Chairman shall preside at all meetings of the Board and act as its
spokesman.
2. The Secretary shall keep the minutes, records and perform other duties as
assigned by the Board. In the absence of the Chairman, the Secretary shall preside at Board
meetings. In the absence of the Secretary, the Commission may appoint a Secretary Pro Tem
to act as Secretary until the return of the Secretary.
17.03 Board Meetings.
1. Regular Meetings. Regular meetings of the Board shall be held on the
first Wednesday of each month at 8:00 a.m., however, if the first Wednesday falls on a
holiday, the meeting will be held at 8:00 a.m. on the second Wednesday of that month, in the
Police Department building or at such other location as may be designated by the Chairman.
2. Adjourned Meetings. The Board may adjourn any regular or adjourned
meeting to a time and place specified in the order of adjournment. When so adjourned, the
adjourned meeting is a regular meeting.
3. Special Meetings. A special meeting may be called at any time by the
Chairman of the Civil Service Board, or by a majority of the members of such Board, by
delivering personally or by mail written notice to each member of the Board and to each local
newspaper of general circulation, radio or television station requesting notice in writing. Such
notice must be delivered personally or by mail at least 24 hours before the time of such
meeting as specified in the notice. The call and notice shall specify the time and place of the
special meeting and the business to be transacted. No other business shall be considered at
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such meetings by the Board.
4. Executive Session. The Board may hold executive session to consider
individual personnel matters in accordance with the Brown Act and the City Charter.
5. Public Meetings. All meetings of the Board shall be open and public,
except as otherwise provided in these Rules.
6. Rules of Order. Except as otherwise provided herein, Robert's Rules of
Order shall guide the Board in its proceedings.
7. Quorum. Two members of the Board shall constitute a quorum for the
transaction of business, including hearings before the Board.
17.04 Communications. All communications and requests to the Board shall be in
writing, insofar as practicable, and shall be addressed to: Chairman of the Police Civil Service
Board, 1601 Truxtun Avenue, Bakersfield, California 93301.
17.05 Minutes. The Board shall keep minutes of all Board meetings, records of its
examinations, and such other records as desirable and necessary to administer the Civil
Service System. The Secretary shall record in the minutes the time and place of each
meeting, the names of the Board members present, all official acts of the Board, and the votes
of the Board members except when the action is unanimous. When requested by him, a
Board member's dissent or approval with his reason shall be recorded. The minutes shall be
written and presented for approval at the next regular meeting. The minutes or a true copy
thereof, certified by the Secretary, shall be open to public inspection, and copies will be made
available to the public and such organizations as shall request the same.
17.06 Public Records. Minutes of the Board meetings and findings of the Trial Board
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shall be considered public records. Other records of the Board shall be confidential by reason
of public policy except as otherwise provided in these Rules and Regulations. All records of
the Board shall be in the custody of the Secretary, and disclosure to the public shall be at the
discretion of the Board.
17.07 Annual Reports. The Board shall make an annual report to the City Council.
Approved by the Police Civil Service Commission: 4-14-76
Revised & Approved by the Police Civil Service Commission: 5-12-76
Revised & Approved by the Police Civil Service Commission: 2-8-88
Revised & Approved by the Police Civil Service Commission: 11-6-89
Revised & Approved by the Police Civil Service Commission: 11-6-91
Revised & Approved by the Police Civil Service Commission: 12-4-91
Revised & Approved by the Police Civil Service Commission: 3-2-92
Revised & Approved by the Police Civil Service Commission: 6-3-92
Revised & Approved by the Police Civil Service Commission: 4-6-94
Revised & Approved by the Police Civil Service Commission: 10-5-94
Revised & Approved by the Police Civil Service Commission: 2-6-95
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RULE 18
RULES AND REGULATIONS
18.01 Amendment of Rules. Amendment of these Rules or any other rules and
regulations adopted by the Civil Service Commission or additions thereto may be proposed at
any meeting of the Commission, and shall become effective upon approval of the Commission
by recorded vote. Any proposed amendment shall be submitted to the Chairman in writing at
least one week prior to such regular meeting.
18.02 General Orders. The Commission may from time to time adopt and ratify
General Orders governing conduct of officers and employees of the Department, and required
procedures and reports. Upon adoption by recorded vote, such General Orders become a part
of the Rules of the Civil Service Commission for the Police Department of the City of
Bakersfield.
Approved by the Police Civil Service Commission; 4-14-76
Retyped & Approved by the Police Civil Service Commission: 11-6-91