Rule 413 Certification of Eligibles

Rule 413

Certification of Eligibles

 

 

      

                    Article I:     General Principles

 

        Applicability:      Unless otherwise noted, Article I, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

                   Article II:   Definitions

 

        Applicability:      Unless otherwise noted, Article II, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

                   Article III:  Application of Certification Rules

 

        Applicability:      Unless otherwise noted, Article III, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

                         Article IV:  Personnel Requisitions

 

        Applicability:      Unless otherwise noted, Article IV, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

                         Article V:   Administration of Certifications

 

        Applicability:      Unless otherwise noted, Article V, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

                   Article VI:  Selective Certification of Certified

                                      Temporary Employees

 

        Applicability:      Unless otherwise noted, Article VI, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

 


 

Rule 413

Certification of Eligibles

 

Article I:     General Principles

 

        Applicability:      Unless otherwise noted, Article I, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

 

Sec. 413.1       General Policy

 

         413.1.1        The Civil Service Commission endorses and supports the broadening of the Rules governing certification of eligibles from civil service eligible lists and considers this broadening as an increase in opportunities for appointing officers to select employees who are best suited to perform the duties of specific positions and to provide greater opportunities to maximize multicultural diversity of the work force in the City and County of San Francisco.

 

         413.1.2        Selection of employees from eligible lists shall be based on merit and fitness without regard to relationship, race, religion, gender, national origin, ethnicity, age, disability, gender identity, political affiliation, sexual orientation, ancestry, marital status, color, medical condition or other non-merit factors or otherwise prohibited nepotism or favoritism.  The MTA Director of Transportation/Designee shall be responsible for establishing non-discriminatory selection procedures  which may include by way of example but not limitation, scheduling each interested eligible for interview, reviewing application materials, conducting interviews by a diverse panel, and  asking job-related questions.  The MTA Director of Transportation/Designee shall also be responsible for maintaining documentation of selection criteria.  The MTA Director of Transportation/Designee shall make reports as requested by the Civil Service Commission on merit system issues such as recruitment, examination, and certification and selection procedures.

 

         413.1.3        Implementation of the Rule by the MTA Director of Transportation/Designee

 

                             Implementing this Rule, the MTA Director of Transportation/Designee shall:

1)       adhere to all rules, policies, procedures, and directives of the Civil Service Commission and all relevant Charter provisions of the City and County of San Francisco, and

 

                             2)       take any action necessary to ensure compliance with federal, state and local anti-discrimination laws, ordinances or regulations.

 

Rule 413

Certification of Eligibles

 

Article II:  Definitions

 

        Applicability:      Unless otherwise noted, Article II, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

Sec. 413.2       Certification Rules

 

        413.2.1     Rule of Three Scores

 

The MTA Director of Transportation/Designee shall certify to the appointing officer the names of eligibles with the three (3) highest scores on the list of eligibles for the position who are available for appointment.

 

        413.2.2     Rule of Three or More Scores

 

The names of all eligibles standing at a specified number of scores with a minimum of at least those eligibles with three (3) scores shall be certified to each available position.

 

      413.2.3      Rule of the List

 

The names of all eligibles on the eligible list shall be certified to each available position.

 

Sec. 413.3       Notice of Certification

 

Eligibles on the eligible list shall be simultaneously notified each time that the MTA Director of Transportation/Designee certifies their names to an appointing officer for a position as provided under this Article II.

 

Sec. 413.4       Certification Date

 

The Certification Date is the date on which the MTA Director of Transportation/Designee issues the Notice of Certification to eligibles as provided under this Article II.

 

Sec. 413.5       Notice of Inquiry

 

Upon receipt of the certified list of names of eligbles available for appointment in accordance with the established certification rule, the appointing officer may issue a Notice of Inquiry to those eligibles for the purpose of:

Sec. 413.5       Notice of Inquiry (cont.)

 

  1. Assessing the eligibles’ interest in the specific position in the department; and/or

 

  1. Requesting additional information or submissions from the eligibles as part of the selection process.

 

Sec. 413.6       Exhaustion of the List

 

        413.6.1     Rule of Three Scores

 

An eligible list adopted under the Rule of Three Scores shall in all cases be exhausted when there are fewer than three (3) scores available.  Use of the eligible list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

      413.6.2      Rule of Three or More Scores

 

An eligible list adopted under the Rule of Three or More Scores shall in all cases be exhausted when there are fewer than three (3) scores available.  Use of the eligible list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

      413.6.3      Rule of the List

 

An eligible list adopted under the Rule of the List shall be exhausted when there are fewer than one third of the number of eligibles on the original list still available; provided, however, if the original list had nine (9) or fewer eligibles, at least three (3) eligibles must be available; for original lists with forty five (45) or more names, at least fifteen (15) eligibles must be available.  In the event that application of the one-third formula specified above results in a fraction, the next highest number shall be used.  Use of the list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

 

Rule 413

Certification of Eligibles

 

Article III:  Application of Certification Rules

 

        Applicability:      Unless otherwise noted, Article III, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

 

Sec. 413.7       Certification Rules Applicable to Employees in all classes except Unrepresented, Municipal Executives Association, San Francisco Association of Personnel Professionals (SFAPP) - Local 21, Transport Workers Union - Locals 200 & 250A, and Service Employees International Union - Local 535

 

      413.7.1      Rule of Three Scores

 

                        1)    Unless mutually agreed between the employee organization representing the class and the MTA Director of Transportation/Designee to use a broader Certification Rule, the Rule of Three Scores shall be used exclusively.

 

                        2)    The MTA Director of Transportation/Designee shall certify to the appointing officer the names of eligibles with the three (3) highest scores on the list of eligibles for the position who are available for appointment.

 

                        3)    Except as otherwise provided, when there are two (2) or more approved personnel requisitions on file for the same class, the number of scores certified shall be equal to the number of positions to be filled plus two (2) scores.  An eligible list adopted under the Rule of Three Scores shall in all cases be exhausted when eligibles standing at fewer than three (3) scores are available.  Use of the eligible list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

                        4)    If all eligibles at a score waive appointment or fail to respond within the time limits provided in these Rules, the appointing officer may request supplementary certification(s) from the next highest score(s).

 

     413.7.2        Expansion of Certification Rules

 

                        1)    Notwithstanding any other provisions of these Rules, the MTA Director of Transportation/Designee is authorized to meet and confer with representatives of employee organizations to reach mutual agreement over the Certification Rule applicable to each of the classes covered by this Section. If the parties fail to reach mutual agreement, the Rule of Three Scores shall be used.

 

Sec. 413.7       Certification Rules Applicable to Employees in all classes except Unrepresented, Municipal Executives Association, San Francisco Association of Personnel Professionals (SFAPP) - Local 21, Transport Workers Union - Locals 200 & 250A, and Service Employees International Union - Local 535 (cont.)

 

      413.7.2      Expansion of Certification Rules (cont.)

 

                        2)    The agreed-upon Certification Rule shall be promulgated as a term of the examination announcement and the agreed-upon Certification Rule shall not be appealable to the Civil Service Commission.

 

Sec. 413.8       Certification Rules Applicable to Service Employees International Union – Local 535 and Transport Workers Union – Locals 200 & 250A

 

        413.8.1      Rule of Three Scores - Exclusively

 

                        1)    The Rule of Three Scores shall be used exclusively.

 

                        2)    The MTA Director of Transportation/Designee shall certify to the appointing officer the names of eligibles with the three (3) highest scores on the list of eligibles for the position who are available for appointment.

 

                        3)    Except as otherwise provided, when there are two (2) or more approved personnel requisitions on file for the same class, the number of scores certified shall be equal to the number of positions to be filled plus two (2) scores.  An eligible list adopted under the Rule of Three Scores shall in all cases be exhausted when eligibles standing at fewer than three (3) scores are available.  Use of the eligible list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

                        4)    If all eligibles at a score waive appointment or fail to respond within the time limits provided in these Rules, the appointing officer may request supplementary certification(s) from the next highest score(s).

 

Sec. 413.9       Certification Rules Applicable to Employees in Unrepresented classes and classes represented by Municipal Executives Association and San Francisco Association of Personnel Professionals (SFAPP) - Local 21

 

     413.9.1        Rule of Three or More Scores

 

  1. For a Single (1) Position

 

                        The names of all eligibles standing at a specified number of scores with a minimum of at least those eligibles with three (3) scores shall be certified to each available position.

 

Sec. 413.9       Certification Rules Applicable to Employees in Unrepresented classes and classes represented by Municipal Executives Association and San Francisco Association of Personnel Professionals (SFAPP) - Local 21 (cont.)

 

     413.9.1        Rule of Three or More Scores (cont.)

 

                        2)    When More Than One Position Available

 

                        Except as may otherwise be provided, when there are two or more approved personnel requisitions on file for the same class, the number of scores certified shall be equal to the number of positions to be filled plus the number of scores in the Certification Rule applicable to the eligible list being certified minus one.

 

                        3)    When Eligible List Exhausted

 

                        An eligible list adopted under the Rule of Three or More Scores shall in all cases be exhausted when there are fewer than three (3) scores available.  Use of the eligible list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

                        4)    Supplementary Certification

 

                        If all eligibles at a score waive appointment or fail to respond within the time limits provided in these Rules, the appointing officer may request supplementary certification(s) from the next highest score(s).

 

413.9.2            Rule of the List

 

                        1)    The names of all eligibles on the eligible list shall be certified to each available position.

 

                        2)    When Eligible List is Exhausted

 

                        An eligible list adopted under the Rule of the List shall be exhausted when there are fewer than one third of the number of eligibles on the original list still available provided, however, if the original list had nine (9) or fewer eligibles, at least three (3) eligibles must be available; for original lists with forty five (45) or more names, at least fifteen (15) eligibles must be available.  In the event that application of the one-third formula specified above results in a fraction, the next highest number shall be used.  Use of the list when there is fewer than the minimum certification available shall be at the discretion of the appointing officer.

 

 

Sec. 413.9       Certification Rules Applicable to Employees in Unrepresented classes and classes represented by Municipal Executives Association and San Francisco Association of Personnel Professionals (SFAPP) - Local 21 (cont.)

 

      413.9.3      Establishment of Certification Rule

 

                        1)    The MTA Director of Transportation/Designee shall establish the Certification Rule for each class by specifying the Certification Rule to be used to administer the eligible list in the first examination announcement for the class after the adoption of this section.

 

                        2)    Once established, the Certification Rule shall be used to administer all future eligible lists in the class unless otherwise ordered by the MTA Director of Transportation/Designee.

 

                        3)    In establishing the Certification Rule, the MTA Director of Transportation/Designee may consult with City’s Human Resources Director, representatives of employee organizations and other pertinent parties.

 

Rule 413

Certification of Eligibles

 

Article IV:  Personnel Requisitions

 

     Applicability:      Unless otherwise noted, Article IV, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

 

Sec. 413.10     Personnel Requisitions

 

        413.10.1   Requirement for Personnel Requisitions

 

                        Whenever a position is to be filled, the appointing officer shall issue a personnel requisition on the prescribed form.  Fully approved personnel requisitions shall immediately be time stamped in the order of receipt in the Office of the MTA Director of Transportation/Designee.

 

        413.10.2   Separate or Group Personnel Requisitions

 

                        A separate personnel requisition shall be made for each permanent position to be filled.  Group personnel requisitions may only be made for temporary positions.

 

        413.10.3   Cancellation of Personnel Requisitions

 

                        Upon written request by the appointing officer indicating good cause, cancellation of a personnel requisition may be allowed by the MTA Director of Transportation/Designee.

 

        413.10.4   Priority of Personnel Requisitions

 

                        Except as otherwise provided in these Rules, certification shall be made in accordance with priority of approval of the personnel requisition in the Office of the MTA Director of Transportation/Designee or the date to report to duty, whichever is later.

 

        413.10.5   Tenure of Temporary Appointments

 

                        1)    Temporary employments may be requisitioned for a period not to exceed twelve (12) months.

 

                        2)    Original personnel requisitions for fewer than twelve (12) months may be extended from the date of appointment but may not exceed the maximum allowable personnel requisition time.  Upon completion of the allowable maximum time, the temporary appointment(s) may be extended when funds are available and when the employee continues to have standing on an eligible list for that class.

Sec. 413.10     Personnel Requisitions (cont.)

 

        413.10.5   Tenure of Temporary Appointments (cont.)

 

                        3)    Beginning on the effective date of this Rule, the MTA shall keep records of the number of temporary employments extended as provided in this Rule.  On July 30, 1977, and each July 30 thereafter, a list of extended temporary employments for the past fiscal year shall be made available for public inspection.

 

        413.10.6   Flexible Staffing Personnel Requisitions

 

                        A personnel requisition for a permanent vacancy filled by an appointee in accordance with the flexible staffing authority of the Salary Ordinance shall also be valid for subsequent certification for appointment of the same eligible, when qualified, to the class designated on the personnel requisition.

 

 

Rule 413

Certification of Eligibles

 

Article V:  Administration of Certifications

 

        Applicability:      Unless otherwise noted, Article V, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

Sec. 413.11     Notice of Certification

 

                        For each available position, the MTA Director of Transportation/Designee shall certify to the appointing officer the names of all eligibles who are available for appointment in accordance with the established certification rule as provided under Article II of this Rule.  The MTA Director of Transportation/Designee shall simultaneously notify each eligible of such certification to the hiring department(s).  This Notice of Certification shall be informational only and shall not require a response from the eligibles.

 

Sec. 413.12     Notice of Inquiry

 

      413.12.1    As provided under Article II of this Rule, an appointing officer may issue a Notice of Inquiry to eligibles available for appointment in accordance with the established certification rule for the purpose of assessing interest in a specific position in the department, and/or to obtain additional information or submissions as part of the selection process.

 

     413.12.2      Eligibles are required to respond to a Notice of Inquiry within five (5) business days, unless the response period time limit  is extended by the MTA Director of Transportation/Designee.

 

     413.12.3      If all eligibles at a score waive the opportunity or fail to respond to a Notice of Inquiry within the response period time limit, the hiring department may request supplementary certification from the next highest score(s) in accordance with Article III of this Rule.

 

Sec. 413.13     Certification Results

 

                         MTA departments are required to notify the MTA Director of Transportation/Designee of the results of a certification within sixty (60) calendar days after the date of the Notice of Certification.  This deadline may be extended by the MTA Director of Transportation/Designee.

 

 

 

 

Sec. 413.14     Waivers

 

     413.14.1      General Waivers

 

                        An eligible may be placed on an inactive status under general waiver of certification on an eligible list as follows:

 

                        1)    At the eligible's written request.  Such waivers shall be effective on the next business day.

 

                        2)    A person appointed to a permanent position shall be under general waiver for all appointments on all eligible lists for the same class.  A person appointed to a temporary position shall be under general waiver for temporary appointment on all eligible lists for the same class.  Such waiver may not be withdrawn unless ordered by the MTA Director of Transportation/Designee.

 

                        3)    For reasons prescribed elsewhere in these Rules.

 

                        4)    An eligible under general waiver shall not be certified to any position on the eligible list until the eligible notifies the MTA to withdraw such waiver in writing as prescribed in these Rules.  General waivers imposed by the Commission or MTA Director of Transportation/Designee may not be removed unless ordered by the Civil Service Commission or MTA Director of Transportation/Designee.

 

     413.14.2      Waiver of Part-Time Employment

 

                        Any part-time position may be declared by the MTA Director of Transportation/Designee to be under conditional waiver and eligibles may then waive certification without penalty for appointment to a full-time position.  An eligible who accepts such appointment shall retain eligibility for appointment to a full-time position.

 

     413.14.3      Conditional Waivers

 

                        Except as provided by the examination announcement, waiver of certification to positions with unusual employment circumstances or special conditions of employment may be imposed by:

 

  1. the eligible to be effective the next business day;

 

  1. the Civil Service Commission; or

 

                        3)   the MTA Director of Transportation/Designee.

 

                        Conditional waivers on an eligible list imposed by the eligible shall remain in force until withdrawn in accordance with these Rules.

Sec. 413.14     Waivers (cont.)

 

        413.14.4   Effects of Waivers

 

                        1)    A general or conditional waiver of certification by an eligible having standing on more than one (1) list in the same class shall apply to any existing list for the same class.

 

                        2)    An eligible who waives certification to a position covered by conditional waivers shall not be certified to a position requiring those conditions from that list until such waiver is removed in accordance with the provisions of these Rules.

 

                        3)    Unless otherwise provided in the examination announcement, eligibles may refuse two (2) offers of employment resulting from certification off of the eligible list.  Refusal of a third (3rd) offer of employment shall result in the removal of the eligible's name from that eligible list and all other lists in that class.

                      

        413.14.5   Withdrawal of Waivers

 

                        1)    Withdrawal of general or conditional waivers imposed by the eligible must be filed in writing with the MTA.

   

                        2)    Such requests must be received in the Office of the MTA Director of Transportation/Designee before the close of business on the third (3rd) Friday of the month to be effective the first (1st) business day of the following month.  In the event the third (3rd) Friday is a legal holiday, such requests must be received by the close of business on the next business day.

 

                        3)    Withdrawal of waivers which have been imposed by the Commission or the MTA Director of Transportation/Designee may be authorized at any time and become effective the first (1st) business day of the following month unless specifically ordered otherwise.

 

                        4)    Withdrawal of waivers shall not interfere with nor affect the rights of eligibles whose names have been certified to the appointing officer.

 

                        5)    Immediate withdrawal of waiver may be authorized by the MTA Director of Transportation/Designee, if it is determined that such immediate withdrawal of waiver is in the best interests of the Service.

 

Sec. 413.15     Change of Address

 

                         Eligibles are responsible for notifying the Office of the MTA Director of Transportation/Designee of any change of address.

 


 

Rule 413

Certification of Eligibles

 

Article VI:  Selective Certification of Certified Temporary Employees

 

        Applicability:      Unless otherwise noted, Article VI, Rule 413, shall apply to all Service-Critical classes at the Municipal Transportation Agency (MTA).

 

Sec. 413.14     Selective Certification of Certified Temporary Employees

 

     413.14.1      Notwithstanding anything to the contrary in this or any other section of these Rules, an employee who has been appointed from a regularly adopted eligible list to a non-permanent position shall be entitled to appointment to a permanent position within the same class before the certification of persons standing higher on the list of eligibles subject to a period of six (6) months of service in the class or for the period provided for in the examination announcement in any status and certification by the appointing officer(s) of satisfactory job performance for the period of the required service on the form and in the manner prescribed by the MTA Director of Transportation/Designee.

 

     413.14.2      The MTA Director of Transportation/Designee is authorized to take such administrative action not in conflict with these Rules as is required to make this section operative including imposition and removal of waivers.