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HomeMy WebLinkAbout~Master - Establishing Civil Service Commission i TEMP. ORD. NO. 41 PERMANENT ORD. NO. 793 i AN ORDINANCE ESTABLISHING A CIVIL SERVICE COMMISSION, THE APPOINT- MENT AND COMPENSATION OF ITS MEMBERS, DEFINING ITS POWERS AND DUTIES, PROVIDING FOR JOB CLASSIFICATIONS OF ALL EMPLOYEES UNDER CIVIL SERVICE, THE EXAMINATION AND CERTIFICATION OF ELIGIBLE APPLICANTS FOR EMPLOYMENT AND PROMOTION, THE POWER OF THE COMMISSION TO MAKE RULES, THE DISCHARGE, SUSPENSION AND DEMOTIOI OF EMPLOYEES, PROVIDING FOR HEARING APPEALS FROM SUCH ACTIONS AND FINAL DECISIONS BY THE CIVIL SERVICE COMMISSION AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. General Purpose. The general purpose of this ordinance is to establish for the City of Axnes a system of civil service based on merit principles governing the appointment, promotion, transfer, lay-off, removal and discipline of its employees, and other actions that best contribute to the efficiency of city employment. Appointments and promotions for all positions in the city service now existing or hereinafter established except those excluded by section 365. 6 code of Iowa, 1954, shall be made solely on the basis of merit and fitness, to be ascertained by competitive examinations, except as hereinafter specified. Section 2. Commission Established. Under and by virtue of the authority conferred by chapter 365 code of Iowa, 1954, a civil service commission has heretofore been created and established. Section 3. Membership. The civil Service commission shall consist of three (3) members who shall be persons in sympathy with the application of merit principles to public employment. The members shall be appointed by the mayor and approved by the council, be citizens of Iowa and residents of the city for more than five (5) years next preceding their appointment. No person while on said commission shall hold or be a candidate for any office of public trust. Section 4. Term of Office. A member of the commission shall be appointed on the first Monday in April of each year following a regular municipal election and shall hold office for a term of six (6) Years. I Section 5. Vacancies. If a vacancy shall exist on said commission cause by resignation, or otherwise, the mayor shall appoint a successor for the residue of said term, subject to the approval of the city council. Section 6. Compensation. The members of the commission shall serve without compensation, but may receive their actual expenses incurred in the performance of their duties, which shall be subject to approval by the city council. Section 7. Organization. The chairman of the commission for each biennial period shall be the member whose term first expires. The city clerk shall be clerk of the commission. The commission shall establish rules for the conduct of its meetings. Section 8,- Records. The commission shall keepa record of all its meetings and also a complete individual record of each civil service employee, which record shall be permanent and kept up to date. The city clerk shall be custodian of all permanent records. Section 9. Budget. The commission shall, on or before July first of each year, prepare and file with the city clerk a proposed budget of its funds for the following fiscal yr. Section 10. Annual Report. The commission shall each year make a report to the city council of its proceedings, with a complete statement of its receipts and disbursements, and the progress of its work during the preceding fiscal year. Section 11. General Duties of the Commission. The commission shall represent the public interest in the improvement of civil service in the city. It shall make recommendations to the city council with respect thereto and special reports and recommendations to the mayor and council at their request. Section 12. Job Classification. The commission shall prepare, maintain and revise a classification plan for all positions in the city service except those exempted by the provisions of section 365. 6 code of Iowa, 1954. Said classificati x plan shall be based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for and the same schedule or rate of pay may be equitably applied to all positions in the same class. The job classification plan shall be effective when approved by resolution of ti-ecity council. Amendments to the job classification plan may be made after receiving recommendation fromthe civil service commission and when approved by resolution of the city council. I Section 13. Allocation of Employees. The commission shall allocate the position of every employee in the classified service to one of the positions in the plan. New positions created by the appointing authority shall be classified pur- suant to the provisions of section 12. Section 14. Original Entrance Examinations. The commission shall, during the month of April of each year, and at such other times as shall be found f necessary under such rules, including minimum and maximum age limits, as shall be prescribed and published in advance by the commission and posted in the city hall, hold examinations for the purpose of determining the qualification of applicants for positions under jcivil service other than promotions in the service. The examinations shall be open, competitive, and practical in character and shal relate to such matters as will fairly test the applicants mental and physical abilit to discharge the duties of the position to which he seeks appointment. No question in any form shall be asked as to elicit an answer regarding race or color, political or religious affiliations or opinions. Section 15. Physical Examination of Applicants. Physical examination of applicants for appointment to the positions of policeman, policewoman or fireman shall be held under the direction of and as specified by the boards of trustees of the fire and police retirement systems, and by the utility boards for applicants for positions in the utilities under the retirement system for utility employees. Section 16. Original Appointments to Positions. All appointments to j positions under civil service, other than promotions, shall be conditional upon E a probation period of not to exceed six (6) months, during which time the appointee may be removed or discharged from such position by the appointing person or body witho,a.t the right of appeal to the commission. Continuance in th position after the expiration of such probationary period shall constitute a permaen appointment. Section_17. Promotional Examinations. The commission shall, during the month of April of each second year, and at such other times as shall be found necessary, under such rules as shall be prescribed and published in advance by hall, hold open, competitive promotional the commission and posted in the city examinations for the purpose of determining the qualifications of applicants for ! promotion to a higher grade under civil service. The examinations shall be 1 and shall relate to such matters as will fairly test the practical in character, ability of the applicant to discharge the duties of the position to which he seeks promotion. it All vacancies in the civil service grades above the lowest in each department shall be filled by promotion of subordinates when such subordinates qualify as eligible. When so promoted, they shall hold such position with full civil service rights therein. Section 18. NamesCertified. The commission shall, within ninety (90) days after the beginning of each competitive examination for original appoint- ment or for promotion, certify to the city council a list of names of the ten (10) persons who qualify with the highest standing as a result of each examination for the position they seek to fill, or such number as may have qualified if less than ten (10), in the order of their standing. All newly created offices or other vacancies in positions under civil service which shall occur before the beginning of the next examination for such positions shall be filled by the appointing authority from said lists, or from the preferred list existing as provided for in case of diminution of employees, within thirty (30) days. Preference for tem- porary service in civil service positions shall be given those on such lists. Section 19. Preference for Promotion. Except where such preferred list exists, persons on the certified eligible list for promotion shall hold preference for promotion until the beginning of a new examination, but in no case shall such preference continue longer than one year following the date of certification, after which such lists shall be cancelled and no promotion to such grade shall be made until a new list has been certified eligible for promotion. Section 20. Temporary Appointments. When there is no preferred list or certified eligible list, or when the eligible list shall be exhausted, the person or body having the appointing power may temporarily fill a newly created office or other vacancy only until an examination can be held and the nameslof qualified persons be certified by the commission, and such temporary appointments are hereby limited to ninety (90) days to any one person in the same vacancy, but such limitation shall not apply to persons temporarily acting in positions regularly held by another. Section 21. Report on appointments. All appointments or promotions shall promptly be reported to the clerk of the commission by the appointing officer. Section 22. Veterans Preference. In all appointments or promotions made from the certified civil service lists preference shall be given to citizens and residents of this state who are honorably discharged men and women from the military or naval forces of the United States in any war in which the United States, was or is now engaged, if they are otherwise qualified. Section 23. Experts and Consultants. Experts or consultants temporarily employed within a technical field shall be considered casual employees and the provisions hereof with respect to preference in appointment shall not be applicable thereto. Section 24. Power to Make Rules. The commission shall have the authority and shall make rules to carry out the intent and purpose of this ordinance. The rules shall be in force and effect when approved by resolution of the city council. Said rules shall specifically provide: Section 24. 1. Examination Required. The rules shall provide that for certification on the eligible list for original appointment or promotion the applicant shall pass an examination practical in character of his mental and physical qualifications to discharge the duties of the position to which he seeks employment. Section 24. 2. Rejection of Applicants. Applicants who fail to comply wit. reouirements in regard to such factors of age, physical condition, training and experience, or who have been guilty of crime or of infamous or disgraceful conduct, or who have attempted any deception or fraud in connection with an examination shall be rejected. Section 24. 3. Eligible Lists for Appontments. Eligible lists for appointment shall be established by examination. The names of successful applicants shall be placed on such lists in the order of their relative excellence in respective examinations. The commission may consolidate lists with new lists and may remove the names of candidates remaining on any list after one year. Section 24. 4. Certification of Applicants. A list of less than ten (10) Q persons r ay b —certified when an examination has been advertised or posted for a a period of ten (10) days and ten (10) eligibles have not resulted therefrom. Section 24. 5. Transfer of Positions. Transfer from one position to a similar position in the same class and level of responsibility shall be made with the recommendation and approval of the appointing authority of the departments concerned. Section 24. 6. Resinstatement After .Absence From Service. Persons who resign in good standing, were granted leaves of absence or who are laid off from their positions without fault or delinquency on their part may be reinstated within one (1) year by the appointing authority. Section 24. 7. Posting and advertising. The rule s_shAll pr_o:vide fA�r, the posting and/or advertising of examinations for positions in the classified service. Section 24. 8. Political Activity. Any member in the classified service is prohibited from participating inpolitical activities other than the exercise of the right of suffrage and the right as a citizen to freely express his views. Section 24. 9. .Age Eligibility. The applicant shall be within the age limits specified in the classification for the position sought, for eligibility to original appointment to the classified service unless his appointment is from a list which has been advertised or posted for a period of ten (10) days and no other person under such age is eligible or has qualified for examination. Section 24. 10. Citizen and Resident. The applicant shall be a citizen of the United States and resident of the City of Ames for not less than one (1) year prior to his certification for eligibility to appointment to any position in the classified service unless his appointment is from a list which has been advertised or posted for a period of ten (10) days and no citizens and residents of the city are eligible or have qualified for examinations. Section 24. 11. Other Rules and Regulations. Such other rules and ! administrative regulations not inconsistent with law, as may be proper and necessary for the enforcement of this ordinance maybe issued. Section 25. Removal, Suspension or Demotion of Subordinates. The person having the appointing power, or the chief of police and the chief of the 1 fire department may preemptorily suspend, demote or discharge any subordinate Ithen under his direction, for neglect of duty, disobedience of orders, misconduct or failure to properly perform his duties. The chief of police shall report suspensions, demotions, or discharges made by him to the mayor. The chief of the fire department shall report suspensions, demotions, or discharges made by him to the city manager. Such reports shall be in writing, stating the reasons for such suspension, demotion, or discharge, and a copy thereof shall promptly be given to the clelk of the commission. Section 26. Causes for Removal. Removal from office shall be made only where the good of the city service requires that same be done. The causes for removal shall be substantial and important and must relate directly to the disqualification of the person or to his failure in the performance of his duties, so that he has become an unsatisfactory and improper person to hold the office. The following shall be considered as some of the substantial and important reasons for removal to-wit: Section 26. 1. Physical or Mental Unfitness. Physical or mental unfitness for the position the employee holds shall be grounds for removal. Whe charges and specifications are grounded on the reasons contained in this section, a medical examination by a physician designated -by the commission shall be mad and the findings, in writing, must be attached to the oharges and specifications. Refusal of the employee to submit to such examination, after notification in writing to so do, shall be cause for forfeiture of any rights or privileges contained in this ordinance. §ction 26. 2. Conviction of a Felony. Conviction in a court of competent jurisdiction of a felony or any crime or offense involving moral turpitude, fraud, vicious conduct, or dishonesty shall be cause for removal. Section 26. 3. Dishonesty and Immoral Conduct. Dishonest and notoriously immoral or disgraceful conduct shall be cause for removal. Section 26. 4. Failure to Pay Debts. Incurring or contracting debts, liabilities or obligations which the employee is unable or unwilling to pay, or neglect or refusal to discharge and pay, within a reasonable time, all indebtedness, claims or judgments, and to satisfy all executions that may be held or issued against him shall because for removal. Section 26. 5. Loss of Status as Elector. Loss of status as a qualified elector in the City of Ames shall be cause for removal. Section 26. 6. Excessive Use of Narcotics or Intoxicating Beverages. Habitual use of narcotics or intoxicating beverages to excess shall be cause for removal Section 26. 7. Failure to Report for Duty. Failure to report for duty upon termination of a suspension or leave of absence shall because for removal. Section 26. 8. Other Reasons for Removal. Malfeasance, misfeasance o nonfeasance in the performance of duties, insubordination, bad habits, disagree- able personality, and any other reason which can properly be construed as de- structive to the efficiency of public service shall because for removal. Section 27. Appeal To Commission. If an appeal is taken by the person suspended, demoted, or discharged the person or body making such suspension, demotion, or discharge shall within five (5) days thereafter file with the commission a written specification of the charges and grounds upon which the action was based. If such charges are not so filed, the person suspended, demoted, or discharged may present the matter to the commission by affidavit, setting forth the facts, and the commission shall forthwith enter an order reinstating the person suspended, demoted, or discharged for want of prosecutio . Section 28. Time and Place of Hearing. Within ten (10) days after such specifications are filed, the commission shall fix the time, which shall be not less than five (5) nor more than twenty (20) days thereafter, and shall place for hearing the appeal, and shall notify the parties in writing of the time and place so fixed. The notice shall contain a copy of the specifications so filed. Section 29. Oath-Books and Papers. The presiding officer of the commis— sion shall have power to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction. The commission shall cause subpoenas to be issued for such witnesses and the production of such books and papers as Either party may designate. The subpoenas shall be signed by the chairman of the commission. Section 30. Public Trial. The trial of all appeals shall be public, and the parties maybe represented by counsel. Section 31. Jurisdiction. The commission shall have jurisdiction to hear; and determine all matters involving the rights of employees under civil service and may affirm, modify, or reverse any case on its merits. Section 32. Attorney. The city attorney shall be attorney for the commission and when requested by the commission shall present any matters concerning civil service employees to the commission. Section 33. Reversal of Action. If the appeal is taken by a suspended, demoted or discharged employee and reversed, he shall be reinstated as of the date of his supension, demotion or discharge, and shall be entitled to such compensation as the commission may determine. Section 34. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 35. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 29th day of March, 1955. i J. W. rather, City Clerk J. P. Lawlor, Mayor Moved by Smith and seconded by Bliss that Ordinance No. 793 be passed on its first reading. Voting Aye: Griffith, Judge, Smith, Bolton and Bliss j Voting Nay: None 1 Absent: De Hart rules verning the passage of Moved by Bolton and seconded by lth that and thirdereadingsoom omitted and Ordinance ordinances be suspended, the second No. 793 be placed on its final passage. Voting Aye: Griffith, Judge, Smith, Boltonand Bliss Voting Nay: None Absent: De Hart Moved by Griffith and seconded by Judge that Ordinance No. 793 do now pass. Voting Aye: Griffith, Judge, Smith, Bolton and BIss Voting Nay: None Absent: De Hart Mayor Lawlor Declared Ordinance No. 793 duly adopted. I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that operly the above and foregoing ordinance 2 th da 3 fas duly March,and 195prand published shed by assed at a meeting of the City Council on tY�e 9 y 19 '_'�• c odifying on the _ dayof //fie �- -;= J. W. Prather, City Clerk