REPORT TO CIVIL SERVICE COMMISSION
SUBJECT
Title
Informational Report on Issues Relating to the Classified Recruitment Process
Report
BACKGROUND
The Civil Service Commission (“Commission”) received an anonymous letter on or about December 11, 2023 regarding numerous concerns, including but not limited to personnel matters and the classified and unclassified recruitment process. The Commission requested that this item be Agendized at a future meeting and that staff provide a response. The purpose of this report is to provide clarifying information to the Commission on the classified recruitment process as articulated in the Civil Service Rules and Regulations (”Rules”).
It should be noted that the purview of the Commission is limited in the Rules to aspects of classified employment including the classified recruitment process. Therefore only matters that are subject to the Civil Service Commission’s jurisdiction are addressed in this report. Where applicable, the City will provide clarifying information on components of the hiring process, which may impact classified employees, that are not covered under the Rules.
The letter cites Section 1.1 of the Rules, entitled “Applicability and Objectives,” and provides that the Rules “are applicable to the Classified Service” to “obtain and retain the best qualified persons for appointment to City service,” and ”assure that appointments and promotions are made according to merit and fitness, to be ascertained, so far as practicable, by competitive examination.”
Although the Rules explicitly govern the classified recruitment process, this tenet is generally applied to the unclassified and as-needed recruitment processes as well, in furtherance of the City’s goals in conducting a fair and transparent recruitment process, and to “obtain and retain the best qualified persons for appointment.” Those candidates which are determined to be the best qualified for the position will move forward in the recruitment process, and the best qualified candidate will be appointed to the position.
DISCUSSION
Recruitment
The first concern raised in the letter was related to the unclassified Management Analyst (Job Code 008) recruitment. Although this recruitment does not fall under the purview of the Commission, the City wants to clarify the screening process for all recruitments. The authors suggest that some internal candidates in this recruitment were, “’filtered’ from the gate,” which staff interprets as an assertion that some candidates were unfairly screened out.
The primary step in the competitive screening process for any applicant pool (classified and unclassified positions) is a screening of each application to determine whether the application was filled out completely (including submission of any required supplemental attachments and responses to supplemental questions), and to confirm the candidate meets the specified minimum qualifications of the position (education, experience, and/or licenses/certifications). The City takes into consideration the applicant’s entire application package in making this determination. If a candidate does not meet the minimum qualifications of the position or if they submit an incomplete application, they are screened out from the recruitment process.
Reclassification
The letter expressed concerns regarding the reclassification of a classified employee. For reclassification requests, the City completes a thorough reclassification study of the employee’s position, which includes but is not limited to the following: a comprehensive questionnaire about the specific position’s duties completed independently by the employee, direct supervisor, and Department Head; interviews with the employee, supervisor, other pertinent staff, and Department Head; review of similar classifications throughout the City; a desk audit which reviews the actual day-to-day responsibilities, job functions, and work completed; a review of sample employee work; and a comparative analysis of the employee’s current classification and classifications that may be a better descriptor of the work performed.
Upon recommendation to approve the reclassification request for such positions by the Director of Human Resources, and City Manager approval, the City must then conduct a competitive recruitment for the position. Per the Section 3.17 of the Rules, entitled - “Reclassification,” the “Reclassification of a position to a higher classification by the City when filled by a qualified incumbent at the time of reclassification shall provide for the promotion of a permanent employee to the reclassified position in the following manner: (a) Examination shall be closed/promotional. (b) If more than one (1) qualified permanent employee candidate should apply, an examination shall be administered.” In other words, if an employee’s request for a reclassification is granted, a competitive internal recruitment process must be held for the higher-level position pursuant to the City’s rules.
The reclassification process cited in the letter was conducted in accordance to the process described above and pursuant to Section 3.17 of the Rules.
Eligible Lists
The letter further mentioned inaccuracies around the publishing and maintenance of eligible lists. Per Section 4.1 of the Rules, entitled “Order of Eligibles,” “Candidates who qualify in an examination for a class shall have their names placed upon the eligible list in the order of their relative final scores;” and Section 4.2 of the Rules, entitled “Promulgation,” states that “An eligible list shall be in effect, posted in the order of placement in the Human Resources Office, from the date on which it is established by the Director of Human Resources.” Eligible lists are publicly available in a binder in the main Human Resources Department lobby. Eligible lists include the candidate NeoGov identification number (instead of the candidate name for purposes of confidentiality), final candidate score, rank on the eligible list, and eligible list expiration date. Candidates who are placed on an eligible list are sent written notification that details their final score, rank, and eligible list expiration date.
The City also follows the guidelines as set forth in Section 4.8 of the Rules, entitled “Abolishing Eligible Lists.” The Rules state that “Eligible lists may be abolished by the Director of Human Resources … If the list contains fewer than five (5) names.” If the eligible list has five (5) or more names remaining on the list, the list abolishment is brought before the Commission for approval. Before abolishing a list, the Human Resources Department requires Departments to interview all candidates on the eligible list.
Furthermore, in accordance with Section 4.12 of the Rules, entitled “Certification of Eligibles,” “The ten (10) highest scores shall be certified for entry level examinations and the five (5) highest scores shall be certified for promotional examinations.” The Rules further articulate in Section 4.15, entitled “Call for Interview and Failure to Appear,” that “Eligibles whose names have been certified as available for appointment … may be given notice by mail or otherwise, to report for an interview.” The Rules do not require Departments to interview all candidates certified; however, Human Resources does require that Departments are consistent in the method in which they interview. Departments may not arbitrarily pick and choose which candidates move forward to the Department interview but must interview candidates in rank order. The City is following the provisions outlined in the Rules as it relates to eligible lists.
Oral Board Panelists
The letter raised concerns about the use of internal panel members. Section 3.6 of the Rules, entitled “Officials and Employees to Assist,” specifies that “City officers and employees may be called upon to draw up, mark, or otherwise assist in examination procedures and it shall be deemed a part of the official duties of such persons to act in such capacity.” Therefore, internal employees may serve as panelists.
To ensure a fair and consistent oral board process for all recruitments, Human Resources conducts thorough briefings with all panelists before all oral board examination administrations. Panelists must also sign a confidentiality statement and are instructed to follow the structured classified process for interviews. This includes asking only the pre-determined interview questions and rating candidates based solely on their responses to the interview questions in relation to pre-determined and explicit rating competencies and criteria. The City does allow and may use external panel members where appropriate, but this often will lead to delays in the recruitment process given the challenges with scheduling interviews to accommodate the schedules of those who work for other agencies.
Nepotism
The City hires employees in accordance with “City Manager Directive 033 - Employment of Relatives.” Although not within the purview of the Commission, the City thinks it is important for the Commission to be aware of the City’s policy when a candidate indicates on their application a family relationship to a City employee. In addition, before a final appointment is made, the City Manager must review and approve the hire.
Additionally, employees are hired at a step that correlates with their education and experience in relation to the minimum qualifications of the position. Departments coordinate with the Human Resources Department to develop an appropriate step recommendation and final approval of hiring salary is approved by the City Manager in accordance with Section 12 of the City’s Personnel and Salary Resolution, entitled “Hiring Above the Entry Level Salary,” which states that “the entry level salary is defined as Step 1 for Classified Employees and the bottom of the salary range for Unclassified Employees. When a candidate recommended for hire to a classified position in City service is found to possess extraordinary qualifications through former training and/or experience, or when the City is unable to recruit qualified candidates at the first step of the appropriate salary range, the City Manager, on recommendation of the Department Head, may approve the hiring of a candidate above Step 1, up to and including Step 5.”
Timeline of Recruitments
The letter expressed concerns regarding the length of time it takes to complete a recruitment. There are seven (7) employees who work on recruitments in the Human Resources Department, which include management staff members. Depending on the complexity of the recruitment and steps involved in the process, recruitments generally take anywhere from three (3) - five (5) months to complete. Some recruitments may take longer if the position is more difficult to fill due to the specialty or if it involves a multi-step evaluation process. We would like to note that in the December 11th letter, the authors call for panelists to be made up of “at least 50% of panelists from other agencies.” If this were the case, the timelines above would be further increased.
As the Commission is aware, the City experienced a hiring freeze due to the COVID-19 Pandemic. Staff would like to note there has been a reduction in the City’s vacancy rate which was at 16.30% at the end of Fiscal Year 2022-2023. The City’s vacancy rate as of January 19, 2024 is 12.88%, which demonstrates the hard work and dedication of the staff in the Human Resources Department to fill positions in the City.
Revamp or Update the Civil Service Rules & Regulations
As articulated above, the City is following the provisions outlined in the Rules. At a future point in time, the City would also recommend revising the Rules to update, modernize, and assist in streamlining components of the recruitment process. This item is being discussed with the City Manager’s Office for prioritization and timing of when a full analysis and updating of the City’s Civil Service Rules and Regulations can occur, without negative impacts to the workload of the Human Resources Department.
Summary
As outlined above, the concerns about the lack of transparency are incorrect. The Human Resources Department follows the rules and procedures outlined in the City’s Civil Service Rules as well as the Personnel & Salary Resolution, which are inherently public processes. Whether for an unclassified or classified position, the City’s aim is to obtain and retain the best qualified persons for appointment to City service, and to follow the rules outlined in the City’s Civil Service Rules as well as the Personnel & Salary Resolution.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Civil Service Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Note and file informational report.
Staff
Reviewed by: Ashley Lancaster, Division Manager Human Resources
Approved by: Aracely Azevedo, Director of Human Resources
Attachments:
1. Letter to the Civil Service Commission Received on December 11, 2023
2. Civil Service Rules and Regulations
3. Personnel and Salary Resolution
4. City Manager Directive 033 - Employment of Relatives