The City of Burbank and the Burbank City Employee's Association(BCEA) agree to the following provisions relating to employment examinations and employment lists. This Agreement shall apply to all recruitments commenced from December 1, 1993.

1. Examinations Impartial - All examinations shall be competitive, impartial, and suitable, as determined by the Management Services Director, for testing fairly the relative merit and fitness of the person examined to perform the duties of the positions to which they seek appointment.

2. Ordering of Examinations - The Management Services Director shall schedule examinations whenever necessary. The Department Managers shall anticipate future personnel needs of their departments as far as possible.

3. Public Announcement - Notice announcing an examination, setting forth the title of the position, the period of submitting applications, and other descriptive material as deemed necessary by the Management Services Director, shall be posted on the official bulletin board in the Management Services Director in the City Hall, and other conspicuous places. Public notice shall be given at least five (5) working days prior to final filing date.

4. Competitive Examinations

   All examinations shall be competitive and examinations shall be deemed to be competitive when applicants are tested as to their relative qualifications and abilities, or when a single applicant is scored against a fixed standard.

   All competitive examinations shall consist of one or more parts carrying a specific or numerical percentage weight as announced at the time of the examination. Such weights are designed to qualify an applicant in terms of the relative fitness to perform the duties of the position for which the examination was ordered. Any part of an examination may be deemed as qualifying.

   Any recruitment posted as Open Competitive shall also be posted as Interdepartmental and Department Promotional. Any recruitment posted as interdepartmental shall also be posted as Departmental Promotional. Current employees competing in Interdepartmental Promotional or Departmental Promotional recruitment, meeting the minimum qualifications as posted in the bulletin, shall be admitted to the next level of the competitive process beyond application screening.

5. Promotional Examinations
   

   Promotional examination means an examination given for the purpose of establishing priority among applicants who have status as permanent employees and for exempt Utility Workers, Clerical Workers, Recreational Leaders, and Pipefitter Apprentices who have completed at least one full year of service.

   Any promotion to a vacant position shall be based on competitive examinations, an evaluation of records of efficiency, merit, character, seniority in service, or such other measures of merit and fitness as may be necessary.

   The method of examination, the rules governing the same, and the method of certifying shall be the same as provided for applicants for original appointment. The Management Services Director shall provide the Civil Service Board with a report each month of the promotional competitions which have been scheduled for fewer than four (4) eligible employees and the reasons therefor.

6. Method Examining - Examinations may consist of one or more of the following parts, to which weights shall be assigned according to their relative value in ascertaining the fitness of candidates:
   

   Written Tests;

   Oral test of knowledge or ability;

   Performance tests, including physical tests of strength, training, or experience;

   Interviews covering general qualifications, education, training, or experience;

   Evaluation of education, training, experience, or other qualifications as shown by the application, or by other information submitted, including questionnaires submitted to references; and any other measure of fitness as deemed appropriate.

7. Continuous Examination
   

   For classes of positions for which the Management Services Director finds it difficult to maintain adequate eligible lists, he may receive applications, conduct examinations, and create eligible lists continuously. (The Management Services Director shall prepare a list of these titles and send it to the Civil Service Board).

   The names of eligible candidates who took the same or a comparable examination on different dates may be ranked for purposes of certification in the order of final earned ratings, except as such order may be modified by the applications of veterans' preferences. Eligibility from a continuous examination may be deemed to be established as of the date of the examination.

   No unsuccessful applicant taking a continuous type of examination may reapply for the same position within (90) days, unless the position is removed from open continuous examination.

8. Postponement or Cancellation of Examinations - Any examination or any part thereof may be postponed or canceled at any time. Notice of such postponement or cancellation shall be posted on the official bulletin board in the Management Services Department in the City Hall, and mailed or telephoned to the applicants. In an emergency, when time does not permit such notice, and examination may be postponed or canceled, or the place of examination changed, by posting a notice on the official bulletin board in the City Hall, in the Personnel location at the place where the examination was to be held originally.

9. Preparation - The Management Services Department shall prepare, or have prepared under his direction, all examinations. He may call upon other persons to draw up, conduct, or grade examinations.

1. Subjects, Weights, and General Averages - An examination shall consist of one or more parts. Each part is to be weighted to represent its relative value in the whole examination. The method of obtaining the average percentage of the examination is as follows: Multiply the rating obtained in each part by the relative weight of that part, add the products, and divide the sums of the products by the relative weights. The results thus obtained will be the average percentage for the examination. The final average scores will be calculated and rounded up or down to the nearest whole score. The scores will be rounded up or down if below .5 and rounded if .5 or above. Normally the general average passing score shall be seventy percent (70%) in any part of an examination.

   Any portion of an examination may be deemed as qualifying. When an examination consists of two or more parts, the Management Services Director shall determine whether all applicants who have received grades below seventy percent (70%) on one part will or will not be allowed to proceed to the next part of the examination. This decision is to be based on a consideration of the difficulty of the examination, the quality of the competition, and the needs of the service. Such determination is to be made before the identification of the competitor's examination papers.

   In attempts to improve the competitive process for selection, where an open and promotional examination is given, the Management Services Director may require a higher general average score for those in the promotional category. This minimum shall in no case exceed seventy-seven percent (77%).

   In written tests, the seventy percent (70%) used to represent the minimum score need not be the arithmetic seventy percent (70%) of the total possible score. It can be an adjusted score based on consideration of the difficulty of the test, the quality of the competition, and the needs of the service.

   However, if an applicant fails in a part of the examination with a weight sufficiently great to make it impossible for him to attain a general average of seventy percent (70%) or more, he shall be excluded from further examination and shall be considered as having failed in the entire examination.

2. Veteran's Preference

When and if a veteran earns a passing grade in an Open Competitive examination, an additional one and one-half percent (1-1/2%) of such grade scored shall be added to his grade for each six (6) months of active service, up to a maximum of six percent (6%).

A veteran entitled to a disability pension who has been honorably discharged because of wounds or other service incurred disabilities shall be entitled the full six percent (6%) regardless of length of service. Wives of veterans who were wounded, crippled, or otherwise physically or mentally incapacitated to an extent preventing them from engaging in any remunerative occupation, and widows of veterans who died while in such service, shall be accorded the same preference credit as provided for veterans.

The veteran should submit with his application his original discharge (or certificate of active service) or a photostatic copy or certified thereof, or, if this is not possible, an official record of his military or naval service based upon records of the Department of Defense. Such document must show the period of active service.

3. Promotability - When and if an employee earns a passing grade in a Promotional examination, there shall be added to his grade a credit for promotability determined by a special rating sheet filed by the Department Manager immediately prior to the competition, in accordance with the following point scheduled:

A copy of the rating sheet shall be made available to the employee at the time notification of test results is made.

4. Seniority - When and if an applicant earns a passing grade in a Promotional examination there shall be added to his grade a seniority credit. Credit for seniority shall be determined from the record of the employee's service. For the completion of six (6) months of service, there shall be given a credit of one fourth (1/4) point, and a like amount shall be added to each additional six (6) months of service thereafter, provided, however, that the total credit for the seniority shall not exceed five (5) points.

5. Inspection of Examination

Any applicant in an examination may inspect a copy of the question booklet and the correct answers in the Management Services Department during the five (5) working days immediately following a written test. Standardized tests shall not be subject to review, and continuous tests, if not standardized, shall be open to review only after the end of the testing period.

Examination papers of applicants are not subject to inspection by the public nor by other applicants and the references and oral rating sheets shall be deemed confidential and shall not be open to inspection by the applicant nor by the public.

6. Preservation of Examination Papers - Application forms and examination papers for each examination shall be preserved for a period of not less than forty days after the date of the establishment of the resulting employment list. The examination papers written by an applicant certified for an appointment shall be open to the inspection of the appointing officer during this period.

After the requirements of this section have been fulfilled, all papers relating to an examination must be destroyed, except as provided elsewhere in these rules.

7. Retaking of Examinations - Any person who has been disqualified in any part of an examination may take the next scheduled examination for the same classification under either of the following conditions:

When at least three (3) months have elapsed since the date of the part of the previous examination in which the applicant was disqualified.

When less than three (3) months have elapsed since the date of the part of the previous examination in which the applicant was disqualified, but that part has since then been substantially revised or charged.

8. Reuse of Test Scores - Test scores of applicants are considered in effect for a period of three (3) months. If an applicant takes a test for an examination for one (1) classification and then is accepted within three (3) months for another examination in which the same test is to be used, either as part or all of the current examination, his previous raw score on that test will be used in computing his converted score on that portion of the current examination.

9. Results of Examination and Establishment of Employment List

No examination shall be deemed to have been completed until the markings and results thereof have been determined and an employment list has been established there from.

The employment list may be promulgated by the City Manager and shall set forth in writing the names of the successful applicants in the numerical order in which they have been rated, giving their ratings and other data deemed to be pertinent for the purpose.

After reviewing the results of the examination and before establishing a list, the City Manager may reject the examination and notify the Civil Service Board at their next meeting, giving the reasons therefor. If the examination is rejected, no employment list shall be established therefrom.

No person taking an examination shall acquire any rights by reason of the outcome thereof until an employment list has been established therefrom. Such employment list, however, may be revised or canceled as the result of any appeal involving the examination or the employment list. See Rule III, 4 below.

1. Examination Appeals - Any applicant who has competed in an examination may appeal any part of the examination according to the following provisions:

   1. Written Part: Appeals on a written test may be made only on the basis of the following:
      1. Clerical or machine error
      2. Ambiguity
      3. Factual error

   2. Other Parts: Appeals on other parts of an examination, including but not limited to performance, physical, or oral examinations or application review or rating from records, may be made only on the basis of any of the following:
      1. Mechanical errors in rating or scoring
      2. Fraud
      3. Prejudice
      4. Unfair or unreasonable conduct of examination

   3. All appeals on any part of an examination must be submitted within five (5) working days of the test date and prior to the issuance of the scores. All appeals must state specific reasons and supporting evidence for the appeal. The Management Services Director may deny consideration to appeals that do not meet the requirements described above.

   4. Appeals on the written test meeting the requirements described above may be referred for consideration to an Appeal Review Board consisting of at least two members. The Board shall be appointed by the Management Services Director. Evidence submitted in appeals may be summarized before presentation to the Appeal Review Board. The results of decisions made by the Appeal Review Board will either be posted in a conspicuous place or will be sent to appellants by mail.

   5. Appeals on parts of the examination other than the written test will be referred to the Management Services Director for consideration and decision. The results of these decisions will be sent to appellants by mail.

   6. Appellants who are not satisfied with the decisions made by the Appeal Review Board or the Management Services Director may notify the Management Services Director in writing within five days of the date on the Notice of Results of Appeal (exclusive of Saturdays, Sundays, and holidays). The Management Services Director will then make arrangements for the appellant to present his appeal in person to the Civil Service Board. The Board, after hearing the appellant, will make their recommendations to the City Manager and his decision shall be final. Results of such will be mailed to the applicant.

1. Employment List Created - The Management Services Director shall, when necessary, prepare in accordance with this Agreement and the Civil Services Rules, employment lists for classifications.

2. Order of Names on Employment Lists - The names of applicants who received a passing score shall be placed on an employment list within whole score ranks and in alphabetical order with the ranks. Candidates will be listed on the employment list in descending order of the whole score ranks, from highest to lowest.

3. Disclosure of Names of Eligible Candidates - The employment list, including the names and final scores of all those who passed the examination shall be open to public inspection.

4. Termination of Employment Lists - An employment list may be terminated by the City Manager whenever fewer than three (3) names remain on the list or when a certification of at least three (3) names is impossible because the eligible candidates on the list have either refused appointment or failed to reply to a written inquiry regarding availability.

5. Duration of Employment Lists - An employment list shall be in effect for one (1) year from the date of the establishment, except for Promotional lists for safety members (Fire and Police) which shall be in effect for two (2) years from the date of establishment. The Civil Service Board, at its discretion, may designate a shorter period of time for the duration of an employment list.

   An employment list may be extended by the City Manager for an addition year. A person eligible for certification may retain such rights beyond the life of the employment list as provided in III, 9 and 10 below.

6. Automatic Cancellation of Employment List - An employment list which has been in effect for six (6) months shall be canceled upon promulgation of a new employment list for the same position or group of positions, unless otherwise ordered by the Board.

7. Employment List, Several Departments - If an employment list is used for several departments, a refusal to accept a position in one department shall not preclude certification to a similar position in another department.

8. Effect of Appointment from Employment List - Whenever a person accepts a permanent appointment for a full-time position, his name shall be removed from the employment list for such a position. If he is appointed to a permanent part-time position, his name shall remain on such list. If he is appointed to a lower level position from an employment list pertaining to a higher position, his name shall remain on such list. (Any person declining to accept a full-time appointment on account of salary shall be removed from the list.)

9. Restoration of Probationers to Employment List - Upon the expiration of a military vacancy, any person having been appointed to fill such vacancy from an employment list shall have his name restored to the current and succeeding lists like the one on which his name previously appeared and in the place corresponding to his general average in the examination, to remain for the balance of the time that his name would have appeared on the original list until it expired, except were he has voluntarily resigned from the City service or been dismissed therefrom for cause.

10. Veterans - Upon written request, any person entitled to a veteran's preference with respect to any position and (1) not physically incapacitated to hold such position, or (2) who was prevented from accepting a prior appointment by such military service, may have his name restored to the same employment list on which his name previously appeared, or on the current list, in the same corresponding to his general average plus his veteran's preference.

1. Requisition for Appointment - Upon receipt of a signed and authorized requisition to fill one vacancy, the Personnel Division will certify the names of all eligible candidates whose scores, at the time of certification, represent the three (3) highest whole percentage score ranks on the employment list. If more than one vacancy exists, the Personnel Division will provide two (2) ranks more than the number of vacancies. All eligible candidates certified to the department will be considered equally qualified and the appointing authority may appoint any eligible candidate from the certified list of names. The department shall be required to interview all eligible candidates. Whenever an employment list from which certification is to be made contains fewer than three (3) ranks, the appointing authority may make an appointment from such list or may make a temporary appointment until at least three (3) ranks of eligible candidates are certified.

2. Canvas of Employment List - Whenever the Management Services Director is notified that proficiency in a special subject is need in the position to be filled, he may ascertain the names of all those on the list who possess such qualifications, and shall certify them, with the approval of the City Manager, in order of standing, or shall, in his discretion, conduct a new examination.

3. Appointments - The appointing power may, with the approval of the City Manager and in accordance with the provisions of the Municipal Code and Civil Service Rules as to certification and appointment, fill a vacancy by making an appointment from an employment list established for a comparable or higher level position provided:

   The duties or qualifications of the comparable or higher level classification include those of the position being filled; and

   No employment list exists for the position being filled; and

   There are not sufficient persons eligible for and wanting promotion to give a promotional examination for the position being filled.

4. Priority of Lists - When Open, Interdepartmental, or Departmental Competitive lists exist in some combination, the top three (3) ranks of each list shall be provided to the department from the Personnel Division. The department shall interview all candidates submitted from the Personnel Division. The department may select a candidate from any of the certified lists.

5. Withholding Names & Certification or Removal from the Employment List - The name of an eligible may be withheld from certification or removed from the employment list for any of the reasons set forth in Civil Service Rule II, 4 or for any of the following:

   He expresses unwillingness or inability to accept appointment.

   He fails to respond within five (5) working days next succeeding the mailing of written inquiry regarding availability for permanent employment or request to appear for interview regarding such employment;

   He fails to present himself for duty at the time agreed upon after having accepted the appointment;

   He fails to present his license, registration, certificate, or any other credential required of the position.

6. Temporary Appointments - The acceptance or declination of an appointment for less than six (6) months shall not effect the certification of an eligible's name for permanent appointment. The name of an eligible that accepts a temporary appointment shall remain on the employment list.

7. Objections and Substitutions - If a person has been certified three times from an Open Competitive List or five (5) times from a Departmental or Interdepartmental List without receiving an appointment, his name shall be removed from the employment list, unless the City Manager approves the retention. The Department Manager may object to any person certified on any of the grounds herein above set forth or under Rule II, 4 as disqualifications for applicants. If such person's name shall be struck from the employment lists, the Management Services Director shall certify the next name on the employment list.

8. Appointment to a Season Position - Appointees to seasonal positions shall be by temporary appointment only.