[HISTORY: Adopted by the City Council of the City of Farrell 7-22-1976 by Ord. No. O-12-1976. Amendments noted where applicable.]
A. 
Short title. This article shall be known and may be cited as the "Civil Service Ordinance of the City of Farrell."
B. 
Purpose. The purpose of this article is to execute the mandatory orders of the City Charter, Article XI, Administrative Departments, § C11-1103, Personnel System. The general purpose is to establish a system of personnel administration that shall apply the merit principle to recruit, select, develop, and maintain an effective and responsive work force.
C. 
Civil service examination required of all appointees. No person or persons may be appointed or promoted to any position in the administrative service without having first passed all the examinations hereinafter provided for and having been appointed in the manner and according to the terms and provisions of this article.
D. 
Scope of the administrative service.
(1) 
The administrative service shall be a permanent service to which this article shall apply and shall comprise all personnel in the municipal departments of the City of Farrell which are under the authority of the City Manager.
(2) 
The administrative service shall include all positions except the following, which shall be exempt from this article:
(a) 
All elected officials.
(b) 
All members of boards and commissions.
(c) 
All positions appointed by City Council.
(d) 
Volunteer personnel appointed to serve without pay.
(e) 
Consultants rendering temporary professional services by contract.
(f) 
Positions that are seasonal or part-time.
(g) 
Persons employed to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Council in accordance with Article VI of the Home Rule Charter of the City of Farrell.
(3) 
Nothing herein shall be construed as to preclude the appointing authority from filling any exempt position in the manner in which positions in the administrative service are filled.
A. 
Responsibility and duties. The personnel programs established by this article shall be administered under the direction of the City Manager or his designee in accordance with the authority granted him under § C8-804 of the Home Rule Charter of the City of Farrell. The City Manager shall:
(1) 
Direct all administrative and technical activities, administer all provisions of this article and the personnel rules and to perform any other lawful acts which may be necessary or desirable to carry out the purposes and provisions of this article.
(2) 
Attend all meetings of the Personnel Board and/or Civil Service Commission.
(3) 
Advise the Mayor and City Council on manpower utilization.
(4) 
Foster and develop programs for the improvement of employee effectiveness, including training, safety, health, counseling and welfare.
(5) 
Establish and maintain records of all employees in the administrative service, in which there shall be set forth as to each employee the class, title, pay or status, and other relevant data.
B. 
Civil Service Commission.
(1) 
The Civil Service Commission as constituted by Chapter 8, Administrative Code, Article VII, of the Code of the City of Farrell shall:
(a) 
Advise the City Manager, the Mayor and the Council on matters of personnel policy and problems of personnel administration, including the development of personnel rules, a job classification plan and a uniform pay plan.
(b) 
Represent the public interest in the improvement of personnel administration in the City service.
(c) 
Make any inquiry which it may consider desirable concerning personnel administration in the City service, and make recommendations to the City Manager, the Mayor or the Council with respect thereto.
(d) 
Report at least annually to the City Council on its activities, its investigations, findings and recommendations. This report shall include an overall evaluation of the application of the merit principle to the employment practices of the City.
(e) 
Hear employee appeals resulting from adverse employer action. During such review, both the appealing employee and the appointing authority shall have the right to be heard publicly, be represented by a person of their choice and to present evidentiary facts. At the hearing of such appeals or grievances, technical rules of evidence shall not apply. Such hearing shall result in recommendations to the City Manager concerning adverse employer actions.
(2) 
The Commission shall meet regularly at least once every three months at a stated time and place.
(3) 
Members of the Commission shall not while serving become candidates for election to public office; nor shall they be a member of any local, state or national committee of a political party, nor an officer in any organization which actively sponsors and works for the election of candidates to public office.
(4) 
Three members of the Commission shall constitute a quorum for the transaction of business.
A. 
Adoption of rules. The City Manager shall draft such rules as may be necessary to carry out the provisions of this article. The rules shall have the force and effect of law when reviewed and approved in accordance with the procedures set forth below:
(1) 
The Manager shall mail copies of the rules to each Council person, each member of the Civil Service Commission, each employee organization, the City Solicitor and the City Clerk.
(2) 
The Manager shall have copies of the rules posted on a public bulletin board and a conspicuous place in City Hall.
(3) 
The rules shall be so distributed to give the above named officials and employees the opportunity to review such rules.
(4) 
The rules shall become effective one month from the date the rules were ordered by the Manager and were posted, except in the cases below.
(a) 
Any member of Council, any member of the Personnel Board, any union official or any employee may request the Council to consider an alternate resolve. In which case such rules in question will be considered by the Council. If Council approves the resolution or amended resolution, such rules shall become effective one month after such approval.
(b) 
Such rules shall only be effective after the rules have been printed or published for the above officials and employees. A record of such orders shall be kept by the City Clerk.
B. 
Contents of personnel rules. Among other things, the personnel rules shall provide the following:
(1) 
For the preparation, maintenance and revision of a position classification plan for all positions in the administrative service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class.
(2) 
For the annual submission of a pay plan in conjunction with the annual budget to the City Council.
(3) 
For the recruitment of capable persons, the holding of fair open evaluations or competitive examinations to determine the relative fitness of applicants for positions in the administrative service, and the establishment of maintenance, consolidation and cancellation of eligible lists.
(4) 
For the certification to the appropriate appointing authority of the names of persons who have qualified to fill a vacancy.
(5) 
For the establishment of promotional procedures which shall give appropriate consideration to the applicant's qualifications, record of performance and ability.
(6) 
For the establishment of a period of probation upon appointment or promotion prior to permanent appointment.
(7) 
For emergency employment for not more than 120 days and for provisional employment without open evaluation when there is no appropriate eligible list available. No such provisional employment shall continue longer than six months, nor shall successive provisional appointments be allowed except during the first year after the effective date of this law.
(8) 
For the transfer of employees within the classification plan.
(9) 
For the establishment of or the participation in job development programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities among members of disadvantaged groups, handicapped persons and returning veterans.
(10) 
For keeping records of performance of all employees in the administrative service, which performance records shall be considered in determining salary increments or increases for meritorious services; as a factor in promotion; as a factor in determining the order of layoffs because of lack of funds or work and in reinstatement; except where such procedures are regulated by state statute or employee agreement and as a factor in demotions, discharges and transfers.
(11) 
For layoffs by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for reemployment of employees so laid off.
(12) 
For establishment of a plan for resolving employee grievances and complaints.
(13) 
For the establishment of disciplinary measures such as suspension, demotion in rank or grade, or discharge. Such measures shall provide for presentation of charges, hearing rights and appeals for all permanent employees in the administrative service.
(14) 
For establishing hours of work, holidays and attendance regulations in various classes of positions in the administrative service.
(15) 
For establishing and publicizing fringe benefits such as insurance programs, retirement and leave policies.
(16) 
For establishing residency requirements governing all personnel in the administrative service requiring bona fide residence in the City.
(17) 
For development and operation of programs to improve work effectiveness, including training, safety, health, welfare, counseling, recreation and employee relations.
(18) 
For such other policies and rules not inconsistent with this article as may be proper and necessary for its enforcement and the systematic handling of the personnel affairs of the City of Farrell.
The City of Farrell employees shall have the right to organize, join and participate or to refuse to organize, join and participate in any employee organization freely and without fear of penalty or reprisal for the purpose of collective negotiations through representatives of their own choosing in terms and conditions of employment subject to the provisions of state statute. Nothing contained in this section shall preclude the right of an employee from submitting an appeal in accordance with the provisions of this article. Provisions of employee contracts or agreements duly approved by the City Council shall be deemed to have been included in the personnel rules.
A. 
The City Manager shall make or have made an analysis of the duties and responsibilities of all positions in the classified service and he shall recommend to the Council a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualifications requirements, the same test of competence and the same pay scale. A job class may contain one position, or more than one position.
B. 
Within 60 days after the recommendation of the initial classification plan by the City Manager, the Council shall approve a classification plan, and the City Manager shall thereafter allocate each position to its appropriate class.
C. 
The initial classification plan shall be revised from time to time as changing conditions require, upon recommendation of the City Manager and with the approval of the Council. Such revisions may consist of the addition, abolishment, consolidation, division or amendment of existing classes.
D. 
No person shall be appointed to or employed in any position in the administrative service under any class title which has not been approved in the classification plan adopted as prescribed above.
A. 
Appointments based on merit.
(1) 
Original appointments to vacancies occurring after this article becomes effective shall be based on merit as determined by competitive examinations and fair open evaluations.
(2) 
Examinations and evaluations shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and may not include any inquiry into the political or religious affiliations or race of any candidate.
B. 
Vacancies and promotions.
(1) 
Candidates who qualify for employment shall be placed on an eligible list for the appropriate job class in the rank order of the grades they obtained on the examination or evaluation.
(2) 
Vacancies in positions above the entry level shall be filled as far as practicable and in the best interest of the City as determined by the City Manager by promotion, and promotions shall be on a competitive basis except where the City Manager finds that the persons qualified for promotion is insufficient to justify competition. Promotion examinations shall give appropriate consideration to the applicant's qualifications, record of performance and seniority. Open examinations for all positions above the entry level are authorized except where prohibited by state statute.
(3) 
An advancement in rank or grade or an increase in salary beyond the limits defined in the rules for the administration of the pay plan shall constitute a promotion. All examinations for promotions shall be conducted in accordance with the personnel rules, and the qualified candidates shall be certified to the appointing authority and all promotional appointments shall be made from among the persons so certified.
C. 
Provisional appointments. Pending the availability of an eligible list determined by the City Manager to be appropriate for a class, vacancies may be filled by provisional appointment made by the appointing authority. Such appointments shall have a minimum duration of four months and may not continue beyond 12 months.
A. 
Priority of eligible lists. Eligible lists, in the order of their priority, shall be reemployment lists, promotional eligible lists and original appointment eligible lists.
(1) 
Re-employment lists shall contain the names of permanent employees laid off in good standing for lack of funds or work.
(2) 
Promotional eligible lists and original appointment eligible lists shall be created as provided for in this article.
(3) 
Probationary employees laid off for lack of work or lack of funds, and probationary employees who resign and whose resignations are withdrawn within 18 months, with the approval of the appointing authority and the City Manager may have their names restored to the eligible list from which their appointment was originally made.
B. 
Submission of eligible for appointment. When an appointment is to be made to a vacancy the City Manager shall submit to the appointing authority from the appropriate list or combination of lists the names of all persons who have achieved the minimum passing grade and have indicated willingness to accept appointment.
C. 
Procedures. Policies and procedures for administering eligible lists shall be provided in the personnel rules, covering the duration, cancellation, replacement and consolidation of such lists, and the removal or suspension of the names of eligibles therefrom.
A. 
Duration. Employees appointed from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation. The regular period of probation shall be six months, provided that the personnel rules and labor agreements may specify a longer or shorter period of probation for certain designated job classes, or for extension of the probation period in individual cases. No probationary period may extend beyond 12 months.
B. 
Evaluation. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the appointing authority, the appointing authority may remove or demote the probationer at any time during the probationary period. Such removals or demotion shall not be subject to review or appeal.
C. 
Promotion to permanent status. An employee shall be retained beyond the end of the probationary period and granted permanent status only if the appointing authority affirms that the services of the employee have been found to be satisfactory and recommends that the employee be given permanent status.
It shall be the policy of the City to encourage the improvement of service by providing employees with opportunities for training, which need not be limited to training for specific jobs but may include training for advancement and for general fitness for public service.
A. 
Tenure. The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation or dismissal.
B. 
Reduction in force. Whenever there is lack of work or lack of funds requiring reductions in the number of employees in a department or division of the City government, the required reduction shall be made in such job class or classes as the department head may designate; provided, that employees shall be laid off in the inverse order of their relative length and quality of service, as determined by rules governing the evaluation of service. Within each affected job class all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employees.
C. 
Disciplinary dismissal or demotion.
(1) 
A permanent employee may be dismissed or demoted whenever in the judgement of the appointing authority the employee's work or misconduct justifies disciplinary action short of dismissal. The employee may not request a hearing before the Civil Service Commission unless the suspension is for more than 10 working days, or unless the employee has already received a previous suspension within the six months immediately prior thereto. A suspended or dismissed employee who has been disciplined in accordance with procedures of a duly approved labor agreement may not request a hearing unless the employee alleges the dismissal or suspension was based upon political, religious or racial prejudice.
(2) 
Except for employees suspended or dismissed in accordance with procedures of a duly approved labor agreement, when an employee with permanent status is suspended for more than 10 days, reduced in rank or pay or removed, he shall be entitled to notice in writing of the grounds of the disciplinary action. A copy of the notice shall be filed with the Civil Service Commission and the City Manager. If within five working days following the service of such notice an employee shall in writing addressed to the Civil Service Commission request a hearing, the Civil Service Commission shall set a time and place for such hearing, to be held not less than five nor more than 20 working days after the receipt of such request, and notify the employee thereof. At the discretion of the employee the hearing may be private or open to the public. In conducting the hearing proceedings, it shall be informal and it shall be assumed the action of the complained was taken in good faith unless proved otherwise. The recommendations of the Civil Service Commission shall be forwarded to the City Manager for his action.
D. 
Voluntary separation. An employee may resign by filing his reasons with the appointing authority.
The City Manager shall maintain or shall cause to be maintained adequate records of the proceedings of the Civil Service Commission, and of his own official acts, the examination record of every candidate and the employment record of every employee.
During the course of any investigation or hearing the Civil Service Commission may request any employee or officer of the City to attend and give witness. Any employee refusing to do so may be subject to disciplinary action as provided in this article.
A. 
Fraud. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, promotion, reduction, removal or appointment held or made under the provisions of this article, or in any manner commit or attempt to commit fraud preventing the impartial execution thereof or of the personnel rules adopted pursuant to this article.
B. 
Bribery. No person shall either directly or indirectly pay, render or give any money, service or other valuable thing to any person for an account of or in connection with any test, appointment, promotion, reduction or removal in which he is concerned.
C. 
Misinformation. No officer or employee of the City of Farrell shall knowingly defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this article, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the competitive service.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Violations by employees. Willful violation of the provisions of this chapter, the Home Rule Charter or Chapter 8, Administrative Code, of the Code of the City of Farrell by persons in the administrative service shall constitute grounds for dismissal from the City administrative service. In the discretion of the appointing authority, with the concurrence of the Civil Service Commission, a lesser penalty may be imposed under extenuating circumstances, but in no case shall the penalty for willfully engaging in prohibited political activities be established as less than 30 days suspension from duty without pay.
B. 
Violations by nonemployees. Any person not in the administrative service of the City of Farrell as herein defined who by himself or with others willfully violates any provision of this chapter, the Home Rule Charter or Chapter 8, Administrative Code, of the Code of the City of Farrell or of the personnel rules hereunder shall, upon conviction thereof, be sentenced to a fine of not more than $1,000 plus costs, or to a term of imprisonment not to exceed 90 days, or both.
C. 
Ineligibility for appointment. Any person who is convicted under this section shall for a period of five years be ineligible for appointment to or employment in a position in the service of the City of Farrell, and if he be an officer or employee of the City, he shall immediately forfeit the office or position he holds.