City of Seward, NE Article X Civil Service Commission

[Adopted as Ch. 2, Art. 11, §§ 2-1101 and 2-1102, of the 1976 Code; amended in its entirety 2-18-1986 by Ord. No. 1-86]

§ 12-10.1 Scope of authority; limitations.

The Civil Service Act (Neb. RS 19-1825 et seq.) shall apply only to full-time police officers of the City, including any paid full-time Police Chief of such department, and future appointees to such full-time positions. "Full-time police officers" shall mean police officers in positions which require certification by the Nebraska Law Enforcement Training Center, who have the power of arrest, who are paid regularly by the City, and for whom law enforcement is a full-time career, but shall not include clerical, custodial, or maintenance personnel.

A. Position creation and elimination. All positions subject to the Civil Service Act shall be created or eliminated by the Mayor and Council.

B. Establishment of salaries and compensation. The Civil Service Act shall not be construed to infringe upon the power and authority of the Mayor and Council to establish salaries and compensation of all employees within the compensation schedule or ranges established by the Mayor and Council for the positions.

C. Payment of compensation for services. No treasurer, auditor, comptroller, or other officer or employee of the City shall, subject to the Civil Service Act, approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of the Civil Service Act unless the person to receive such salary, wage, or other compensation has been appointed or employed in compliance with such Act.

D. City's duty to Commission. The Mayor and Council shall provide the Commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the Commission and with such clerical assistance as may be necessary. It shall be the duty of the City to appropriate each fiscal year, from the general funds of the City, a sum of money sufficient to pay the necessary expenses involved in carrying out the purposes of such Act, including, but not limited to, reasonable fees for any special counsel appointed by the Commission when the City Attorney is not authorized by the Mayor to represent the Commission. The Mayor may establish the hourly or monthly rate of pay of such special counsel. The City shall afford the Commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents, and accounts applying or in any way appertaining to any and all positions and employments subject to civil service and shall produce such books, papers, documents and accounts. All City officers and employees shall attend and testify whenever required to do so by the Commission, the accused, or the Mayor.

E. Political fund contribution and political service. No person holding any position subject to civil service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in position or salary or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service, or promise or threaten to do so for giving, withholding, or neglecting to make any contribution of money, services, or any valuable thing for any political purposes.

F. Obstructing examinations. No Commissioner or any other person shall by himself or herself or in cooperation with one or more persons:

(1) Defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regulations made pursuant to the Civil Service Act;

(2) Falsely make, grade, estimate, or report upon the examination and standing of any person examined or certified in accordance with such Act or aid in so doing;

(3) Make any false representation concerning the same or concerning the persons examined;

(4) Furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined or certified to be examined or certified; or

(5) Persuade any other person or permit or aid in manner any other person to impersonate him or her in connection with any examination, application, or request to be so examined.

§ 12-10.2 Membership, operation and duties.

[Amended 7-7-1998 by Ord. No. 23-98; 2-17-2009 by Ord. No. 1-09]

There is hereby created in the City a Civil Service Commission which shall have five members who shall each be a citizen of the United States, a resident of such City for at least three years immediately preceding such appointment, and an elector of the county wherein such person resides.

A. Appointment of members. The members of the Civil Service Commission shall be appointed by the Mayor, with the approval of the Council. At the time of any appointment, not more than three members of the Civil Service Commission, including the one or ones to be appointed, shall be registered electors of the same political party.

B. Members' terms of office. The first persons appointed to the Civil Service Commission shall be for terms of two years, four years, and five years respectively. Thereafter, all appointments shall be for five years.

C. Removal from office. Any member of the Civil Service Commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the Mayor, with the approval of the Council, except that no member of the Civil Service Commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the Mayor.

D. Compensation of members. Members of the Civil Service Commission shall serve without compensation.

E. Meetings. The Civil Service Commission shall hold meetings as may be required for the proper discharge of its duties. At the first meeting in June of each year, the Board shall organize by selecting from its membership a Chairman, and he/she shall review his/her duties as a member of the Commission.

F. Chairperson. The Civil Service Commission shall annually elect one of its members as Chairperson.

G. Secretary and Chief Examiner. The Civil Service Commission shall appoint a Secretary and a Chief Examiner, who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe. The Commission may merge the positions of Secretary and Chief Examiner and appoint one person to perform the duties of both positions. The Commission shall appoint the City's Personnel Officer as Secretary and Chief Examiner, if requested to do so by the Mayor. The Secretary and Chief Examiner shall be subject to suspension or discharge upon the vote of a majority of the appointed members of the Commission. The Secretary/Chief Examiner shall keep the full and correct minutes and records of all meetings and file the same with the Municipal Clerk within 10 working days, or prior to the next convened meeting, whichever occurs earlier. An additional 10 days shall be allowed for providing the minutes in the event of the Secretary/Chief Examiner's serious illness or an emergency which prevents him/her from writing such minutes.

H. Quorum. Three members shall constitute a quorum for the transaction of business.

I. Powers and duties.

(1) The Commission shall adopt and promulgate procedural rules and regulations which shall provide in detail the manner in which examinations may be held and any other matters assigned to it by the Mayor. At least one copy of the rules and regulations, and any amendments, shall be made available for examination and reproduction by members of the public. One copy of the rules and regulations and any amendments shall be given to each full-time police officer.

(2) The Commission shall provide that all tests shall be practical and consist only of subjects which will fairly determine the capacity of persons who are to be examined to perform the duties of the position to which an appointment is to be made and may include, but not be limited to, tests of physical fitness and of manual skill and psychological testing.

(3) The Commission shall provide, by the rules and regulations, for a credit of 10% in favor of all applicants for an appointment to any entry-level position, as defined by the Mayor, under civil service who, in time of war or in any expedition of the Armed Forces of the United States, have served in and been honorably discharged from the Armed Forces of the United States and who have equaled or exceeded the minimum qualifying standards established by the Mayor.

(4) The Commission may conduct an investigation concerning and report upon all matters regarding the enforcement and effect of the Civil Service Act and the rules and regulations prescribed.

(5) The Commission may inspect all institutions, departments, positions, and employments affected by such Act to determine whether such Act and all such rules and regulations are being obeyed. Such investigations may be conducted by the Commission or by any Commissioner designated by the Commission for that purpose. The Commission shall also make a like investigation on the written petition of a citizen, duly verified, stating that irregularities or abuses exist or setting forth, in concise language, the necessity for such investigation. The Commission may be represented in such investigations by the City Attorney, if authorized by the Mayor. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission in any such investigation. In the course of the investigation, the Commission, designated Commissioner, or chief examiner shall have the power to administer oaths, issue subpoenas to require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation, and to cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for like depositions in civil actions in the courts of this state. The oaths administered and subpoenas issued shall have the same force and effect as the oaths administered by a District Judge in a judicial capacity and subpoenas issued by the District Courts of Nebraska. The failure of any person so subpoenaed to comply shall be deemed a violation of the Civil Service Act and be punished as such. No investigation shall be made pursuant to this section if there is a written accusation concerning the same subject matter against a person in the civil service. Such accusation shall be handled pursuant to Chapter 95, Article I, Civil Service Rules, § 95-1.3.

(6) The Commission shall provide that all hearings and investigations before the Commission, designated Commissioner, or Chief Examiner shall be governed by the Civil Service Act and the rules of practice and procedure to be adopted by the Commission. In the conduct thereof, they shall not be bound by the technical rules of evidence. No informality in any proceedings or hearing or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the Commission, except that no order, decision, rule or regulations made by any designated Commissioner conducting any hearing or investigation alone shall be of any force or effect unless it is concurred in by a majority of the appointed members of the Commission, including the vote of any Commissioner making the investigations.

(7) The Commission shall establish and maintain a roster of officers and employees.

(8) The Commission shall provide for, establish, and hold competitive tests to determine the relative qualifications of persons who seek employment in any position and, as a result thereof, establish eligible lists for the various positions.

(9) The Commission shall make recommendations concerning a reduction-in-force policy to the Mayor and Council.

(10) The Commission shall keep such records as may be necessary for the proper administration of the Civil Service Act.

(11) The Commission, upon request of the Mayor, shall establish and maintain a list of names and addresses, for a period of time established by the Mayor, of those eligible for appointment to or promotion within the Department.

(12) The Commission, upon request of the Mayor, shall certify the names of the persons who are the three highest on the eligible list, following the most recent examination, and whose qualifications have been validated by the Commission for the vacant position.

(13) The Commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of the Civil Service Act and of the rules of the Commission. The Commission may be represented in such suits and all investigations pursuant to the Act by the City Attorney if authorized by the Mayor. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by it in any particular case.