SECTIONS 45000-45010 - California Statutes

GOVERNMENT CODE

SECTION 45000-45010

45000. 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.

45001. 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.

45002. 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.

45003. The inclusion of any class of officers and employees made
prior to September 19, 1947, is operative from the inception of the
system.

45004. 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.

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) 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) 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) Provide a copy of the transcript promptly to the employee at
the employee's request.
(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.

45005. The ordinance shall designate the departments, and the
appointive officers and employees who shall be included in the merit
system or civil service system.

45006. By subsequent ordinances, the legislative body may add
additional departments and appointive officers, and employees to the
original list.

45007. 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.

45008. 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) The conducting of competitive examinations to ascertain the
fitness of applicants for positions and employment in the city
service.
(b) The performance of any other service in connection with
personnel selection and administration.

45010. 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.