[R.O. 2011 Charter Art. VII § 49; Ord. No. 4962, § 5]
The department of personnel shall consist of a personnel director
and a civil service board of five members.
[R.O. 2011 Charter Art. VII § 50; Ord. No. 4962, § 5]
Members of the board shall be appointed by the council, which
shall designate one of the five as chairman; and they shall serve
without compensation. They shall be appointed for a term of three
years except that of the members appointed as the result of the increase
from three to five members, one shall be appointed to serve for two
years and one for three years. Vacancies shall be filled by the council
by appointment for the remainder of the term. A member of the board
may be removed by the council for cause, after being given a written
statement of the charges against him after a public hearing thereon,
if requested by him. A certified copy of the charges and a transcript
of the record of any hearing thereon shall be filed with the city
clerk.
[R.O. 2011 Charter Art. VII § 51]
Members of the board shall be residents of the city and shall
have resided therein for at least two years immediately prior to their
appointment. Members of official political party committees shall
be ineligible to serve as members of the board. They shall be required
to take the oath of office hereinafter prescribed for city officers,
including a statement therein that they are firm believers in the
merit system for city employment.
[R.O. 2011 Charter Art. VII § 52]
The board shall have power and shall be required to:
(1)
Advise the council and the director on problems concerning personnel
administration;
(2)
Make any investigation which it may consider desirable concerning
the administration of personnel in the municipal service and report
to the council at least once a year its findings, conclusions and
recommendations;
(3)
Approve civil service rules;
(4)
Hear appeals from disciplinary action;
(5)
Perform such other duties with reference to personnel administration,
not inconsistent with this Charter, as the council may require by
ordinance.
[R.O. 2011 Charter Art. VII § 53]
It shall be the duty of the personnel director to:
(1)
Hold competitive examinations for all appointments in the classified
service;
(2)
Give publicity to all announcements of competitive examinations;
(3)
Establish training and educational programs for municipal employment;
(4)
Report annually to the civil service board regarding the operation
of the personnel provisions;
(5)
Prepare and recommend to the civil service board such rules as he
may consider appropriate to carry out the provisions of this article.
[R.O. 2011 Charter Art. VII § 54]
The administrative service of the city is hereby divided into
the classified and unclassified service as follows:
(1)
The unclassified service shall include the city manager, all directors
of departments, members of advisory boards, city court judge, city
clerk and secretary to the city manager.
(2)
The classified service shall comprise all positions not specifically
included by this Charter in the unclassified service.
[R.O. 2011 Charter Art. VII § 55]
The board shall hold a public hearing upon the rules recommended
by the personnel director at which all persons interested may be heard.
After such hearing, the board shall approve or reject the rules wholly
or in part, or may modify them and approve them as so modified. The
rules approved by the board shall then be submitted to the council
and shall become effective when approved by the council. The rules
shall include provisions for:
(1)
Open competitive tests to ascertain the relative fitness of all applicants
for appointments in the classified service, which tests required shall
be practical, shall relate to matters which fairly measure the relative
fitness of applicants to discharge the duties of the positions which
they seek, and must take account of their character, training and
experience, and no question in any test shall relate to political
or religious opinion, affiliations or service.
(2)
Standardization and classification of all positions in the classified
service of the city, which classification into groups and subdivisions
shall be made on the basis of duties and responsibilities and so arranged
as to promote the filling of the higher grades, so far as practicable,
through promotion.
(3)
Certification to the appointing authority of the three names standing
highest on the appropriate eligible list for the purpose of filling
a vacancy.
(4)
Temporary appointments to meet emergencies, in the absence of an
eligible list.
[R.O. 2011 Charter Art. VII § 56]
There shall be kept in the office of the civil service board
an application register in which shall be entered the names and addresses
and the order and date of application of all applicants for the civil
service tests and the offices or employments which they seek. All
applications shall be upon forms prescribed by the civil service board.
[R.O. 2011 Charter Art. VII § 57]
Pension systems may be established as provided by law.
[R.O. 2011 Charter Art. VII § 58]
All persons who, at the time this Charter takes effect, are
holding positions hereby placed in the classified service of the city
shall be deemed to hold such positions as though appointed in accordance
with the provisions hereof. Any vacancies thereafter occurring shall
be filled from eligible lists in the manner herein provided.
[R.O. 2011 Charter Art. VII § 59]
Any employee under the classified service who shall be discharged
or reduced in rank or compensation shall be presented with written
reasons for such discharge or reduction within five days after such
discharge or reduction. The employee shall have the privilege of a
public hearing before the civil service board. The board shall submit
its recommendations to the city manager, who may at his discretion
reinstate the employee or restore him to his former rank or compensation.
[R.O. 2011 Charter Art. VII § 60; Ord. No. 5736, Prop. No. 15, 4-3-1990]
No person in the classified service of the city or seeking admission
thereto shall be appointed, promoted, reduced, removed, or in any
other way favored or discriminated against because of race, sex, religion,
national origin, age, ancestry, political opinions or affiliations,
or qualified handicapped status as provided, or may be provided, by
local, state or federal law, or such other areas of discrimination
which may be prohibited by local, state or federal law. No person
shall willfully or corruptly make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
held or made under the personnel provisions of this Charter, or in
any manner commit or attempt to commit any fraud preventing the impartial
execution of such personnel provisions or of the rules and regulations
made thereunder. No appointed salaried officer or employee of the
city shall continue in such position after becoming a candidate for
nomination of election to the positions of councilmember or mayor
of the city.
No person seeking appointment to or promotion in the classified
or unclassified service of the city shall either directly or indirectly
give, render or pay any money, service or other valuable thing to
any person for or on account of or in connection with his or her test,
appointment, proposed appointment, promotion or proposed promotion.
No appointive salaried officer or employee of the city shall make
any contribution, direct or indirect, to any candidate for councilmember
or mayor of the city or take part in the political campaign of any
candidate for councilmember or mayor of the city. Nothing in this
section shall prohibit an individual from exercising the right as
a citizen to express his or her opinion or to vote.
Any person who shall willfully or through culpable negligence
violate or conspire to violate any provisions of this article, or
of any ordinance made pursuant thereto for which no punishment is
provided therein, shall be guilty of a misdemeanor, and upon conviction
thereof in any court of competent jurisdiction, shall be punished
by a fine of not less than one hundred dollars and not more than five
hundred dollars. The conviction of any employee of any such offense
shall operate automatically to terminate his service and to vacate
his position; any employee so removed from the service shall not be
reinstated, re-employed, or reappointed, or in any manner re-enter
the service of the city.
