[HISTORY: Adopted by the City Council of the City of Seward
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 2, Art. 11, §§ 1103 through
1107, of the 1976 Code]
(Neb. RS 19-1825 et seq.)
A.
All appointments to and promotions in the Police Department shall
be made solely on merit, efficiency, and fitness, which shall be ascertained
by open competitive examinations and impartial investigation by the
Civil Service Commission ("Commission").
B.
APPOINTMENT
POSITION
PROMOTION OR DEMOTION
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
All means of selecting, appointing, or employing any person
to hold any position or employment subject to civil service.
An individual job which is designated by an official title
indicative of the nature of the work.
Changing from one position to another, accompanied by a corresponding
change in current rate of pay.
C.
Requirements for civil service position applicants. An applicant
for a position of any kind under civil service shall be able to read
and write the English language, meet the minimum job qualifications
of the position as established by the Mayor, and be of good moral
character. An applicant shall be required to disclose his or her past
employment history and his or her criminal record, if any, and submit
a full set of his or her fingerprints and a written statement of permission
authorizing the appointing authority to forward the fingerprints for
identification. Prior to certifying to the Mayor the names of the
persons eligible for the position or positions, the Commission shall
validate the qualifications of such persons.[1]
(1)
The
Mayor shall require an applicant, as part of the application process,
to submit a full set of his or her fingerprints along with written
permission authorizing the appointing authority to forward the fingerprints
to the Federal Bureau of Investigation through the Nebraska State
Patrol, for identification. The fingerprint identification shall be
solely for the purpose of confirming information provided by the applicant.
(2)
Any fingerprints received by the Commission or Mayor pursuant to a request made under Subsection C(1) of this section and any information in the custody of the Commission or Mayor resulting from inquiries or investigations made with regard to those fingerprints initiated by the Commission or Mayor shall not be a public record within the meaning of Neb. RS 84-712 to 84-712.09 and shall be withheld from the public by the lawful custodians of such fingerprints and information and shall only be released to those lawfully entitled to the possession of such fingerprints and information. Any member, officer, agent, or employee of the municipality who comes into possession of fingerprints and information gathered pursuant to Subsection C(1) of this section shall be an official within the meaning of Neb. RS 84-712.09.
D.
Filling of a vacant position.
(1)
Considerations. If the Mayor, with the approval of the Council, fills
a vacancy in a position subject to the Civil Service Act (Neb. RS
19-1825 et seq.), he or she shall consider factors including, but
not limited to:
(a)
The multiple job skills recently or currently being performed
by the applicant which are necessary for the position;
(b)
The knowledge, skills, and abilities of the applicant which
are necessary for the position;
(c)
The performance appraisals of any applicant who is already employed
in the department, including any recent or pending disciplinary actions
involving the employee;
(d)
The employment policies and staffing needs of the department,
together with contracts, ordinances, and statutes related thereto;
(e)
Required federal, state, or local certifications or licenses
necessary for the position; and
(f)
The qualifications of the applicants who are already employed
in the department and have successfully completed all parts of the
examination for the position. No person shall be reinstated in or
transferred, suspended, or discharged from any such position or employment
contrary to the Civil Service Act.
(2)
Procedure for filling vacant positions. Whenever a position subject
to the Civil Service Act becomes vacant, the Mayor shall make requisition
upon the Commission for the names and addresses of the persons eligible
for appointment and may decline to fill such vacancy for an indefinite
period. If the Commission certifies fewer than three names for each
vacancy to the Mayor, the Mayor may, with approval of the Council,
appoint one of such persons to fill the vacancy, may decline to fill
the vacancy, or may order that another examination be held by the
Civil Service Commission.
(3)
Temporary appointments. If a vacancy occurs and there is no eligible
list for the position or if the Commission has not certified the eligible
list, a temporary appointment may be made by the Mayor. Such temporary
appointment shall not continue for a period longer than four months.
No person shall receive more than one temporary appointment or serve
more than four months as a temporary appointee in any one fiscal year.
To enable the Mayor to exercise the choice in the filling of
positions, no appointment, employment, or promotion in any position
in the service shall be deemed complete until after the expiration
of a period of six months from the date of employment and successful
completion of certification by the Nebraska Law Enforcement Training
Center for Police Officers, as may be provided in the rules of the
Civil Service Commission, during which time the Mayor, with the approval
of the Council, may terminate the employment of the person appointed
by him or her if, during the performance test this afforded and upon
an observation or consideration of the performance of duty, the Mayor
deems such person unfit or unsatisfactory for service in the department.
The Mayor, with the approval of the Council, may appoint one of the
other persons certified by the Commission and such person shall likewise
enter upon such duties until some person is found who is fit for appointment,
employment or promotion for the probationary period provided and then
the appointment, employment, or promotion shall be complete.
A.
Tenure of employment. The tenure of a person holding a position of
employment under the Civil Service Act shall be only during good behavior.
B.
Causes for disciplinary action. Any such person may be removed or
discharged, suspended with or without pay, demoted, reduced in rank,
or deprived of vacation, benefits, compensation, or other privileges,
except pension benefits, for any of the following reasons:
(1)
Incompetency, inefficiency, or inattention to or dereliction of duty;
(2)
Dishonesty, prejudicial conduct, immoral conduct, insubordination,
discourteous treatment of the public or a fellow employee, any act
of omission or commission tending to injure the public service, any
willful failure on the part of the employee to properly conduct himself
or herself, or any willful violation of the Civil Service Act or the
rules and regulations adopted pursuant to such Act;
(3)
Mental or physical unfitness for the position which the employee
holds;
(4)
Drunkenness or the use of intoxicating liquors, narcotics, or any
other habit-forming drug, liquid or preparation to such an extent
that the use interferes with the efficiency or mental or physical
fitness of the employee or precludes the employee from properly performing
the functions and duties of his or her position;
(5)
Conviction of a felony or misdemeanor tending to injure the employee's
ability to effectively perform the duties of his or her position;
or
(6)
Any other act or failure to act which, in the judgment of the Civil
Service Commissioners, is sufficient to justify the offender to be
an unsuitable and unfit person to be employed in the public service.
C.
Disciplinary action procedure.
(1)
No employee in the civil service who shall have been permanently
appointed or inducted into civil service shall be removed, suspended,
demoted, or discharged, except for cause and then only upon the written
accusation of the Police Chief, Mayor, or any citizen or taxpayer.
(2)
The written accusation shall set forth the alleged misconduct, charges,
or grounds for investigation against the employee. The written accusation
shall be filed by the complainant with the Secretary of the Commission,
who shall cause a copy of such written accusation to be delivered
within 72 hours after the filing to a) the Police Chief, b) the Mayor,
and c) the employee personally or by certified mail, addressed to
the employee at the residence address of the employee shown in the
personnel records. The Secretary of the Commission shall cause a return
showing such delivery or mailing to be executed and filed in the Secretary's
office.
(3)
The Police Chief shall have the authority to immediately suspend,
with pay, an employee against whom such written accusation has been
filed, pending the confirmation of the suspension, or a decision of
the Mayor to reinstate the employee, remove, demote, discharge, or
suspend the employee, with or without pay.
(4)
Prior to the decision of the Mayor to reinstate the employee or remove,
demote, discharge, or suspend the employee, with or without pay, the
Police Chief shall, within a reasonable period of time, investigate
the alleged misconduct, charges, or grounds against the employee and
explain the basis of the employer's evidence to the employee
and provide the employee an opportunity to present his or her version
of the circumstances which resulted in the filing of the written accusation.
If the Chief's investigation reveals other misconduct, charges,
or grounds, the Chief shall amend the written accusation to include
the other misconduct, charges, or grounds by filing an amendment to
the written accusation with the Secretary of the Commission, who shall
cause a copy of such amended accusation to be delivered within 72
hours after the filing to a) the Police Chief, b) the Mayor, and c)
the employee personally or by certified mail, addressed to the employee
at the residence address of the employee shown in the personnel records.
The Secretary of the Commission shall cause a return showing such
delivery or mailing to be executed and filed in the Secretary's
office. In the event that a Police Chief is being disciplined, the
Mayor shall follow the same procedures as are followed by the Police
Chief in disciplining employees under the Act. Upon completion of
this procedure within a reasonable period of time, the Police Chief
shall recommend in writing to the Mayor that the alleged misconduct,
charges, or grounds set forth in the written accusation be deemed
1) to be without merit; 2) to not warrant disciplinary action, 3)
to warrant disciplinary action less severe than removal, demotion,
discharge, or suspension, with or without pay, such as an oral or
written reprimand, or 4) to warrant removal, demotion, discharge,
or suspension with or without pay.
(5)
Within 20 calendar days after receiving the written recommendation
of the Police Chief, the Mayor shall decide to accept the recommendation
of the Police Chief, or shall decide that the alleged misconduct,
charges, or grounds for investigation against the employee set forth
in the written accusation be deemed: a) to be without merit, b) to
not warrant disciplinary action, c) to warrant disciplinary action
less severe than removal, demotion, discharge, or suspension, with
or without pay, such as an oral or written reprimand, or d) to warrant
removal, demotion, discharge, or suspension, with or without pay.
If a discharge is being recommended, Council approval shall be required.
The Mayor shall file a copy of his or her decision, within 25 calendar
days after receiving the written recommendation of the Police Chief,
with the Secretary of the Commission, who shall cause a copy of such
decision to be filed within 72 hours after the filing to 1) the Police
Chief, and 2) the employee, personally or by certified mail, addressed
to the employee at the residence address of the employee shown in
the personnel records. The Secretary of the Commission shall cause
a return showing such delivery or mailing to be executed and filed
in the Secretary's office.
(6)
Any employee so removed, suspended, demoted or discharged may, within
10 calendar days after receiving written notice of the Mayor's
decision, file a written demand for an investigation and public hearing
by the Civil Service Commission. The employee shall file the request
for the hearing with the Secretary of the Commission and simultaneously
send a copy of the request to the Mayor. The failure to file such
request with the Secretary of the Commission within 10 calendar days
of receipt of notice of the action by the Mayor shall constitute a
waiver of the employee's right to review by the Civil Service
Commission and the Mayor's decision shall become final.
(7)
Within 10 calendar days of receipt of the employee's notice
of appeal, the Mayor shall cause to be mailed or delivered the following
notice to the employee and Secretary of the Civil Service Commission:
(8)
Within 10 calendar days of the filing of the written demand for an
investigation and public hearing by the Commission, the employee shall
mail or deliver the following upon the Mayor and Commission:
(9)
Upon receipt of a written demand, the Commission shall conduct an
investigation. The Commission may be represented in such investigation
and public hearing 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
for any such investigation and hearing. The investigation shall consist
solely of a review of the written submissions of the Mayor and employee
to determine whether any individuals or documents should be subpoenaed
by the Commission for the subsequent public hearing before the Commission
ultimately to determine whether the Mayor acted in good faith for
cause. "Good faith for cause" shall mean that the action was not arbitrary
or capricious and was not made for political or religious reasons.
(10)
The Commission shall schedule a public hearing no less than
10 calendar days nor more than 20 calendar days from the date of filing
of the employee's written demand for an investigation. The Commission
shall notify the Mayor and employee of the date, time and place of
the hearing, in writing, at least five calendar days prior to the
date of the hearing.
(11)
The Mayor shall be permitted to appear in person and by counsel
and to present his or her case. The Mayor may present evidence by
testimony and documents and shall be permitted to cross-examine the
employee's witnesses. At the hearing, the employee shall be permitted
to appear in person and by counsel and to present his or her defense.
The employee may present evidence by testimony and documents and shall
be permitted to cross-examine the witnesses called by the Mayor.
(12)
The Commission may affirm the action taken by the Mayor if such
action is supported by a preponderance of the evidence. If the Commission
finds that the removal, suspension, demotion or discharge was made
for political or religious reasons or was not made in good faith for
cause, it shall order the immediate reinstatement or reemployment
of such employee in the position or employment from which such employee
was removed, suspended, demoted, or discharged, which reinstatement
shall, if the Commission in its discretion so provides, be retroactive
and entitle such person to compensation and restoration of benefits
and privileges from the time of such removal, suspension, demotion,
or discharge.
(13)
After the hearing, in lieu of affirming the removal, suspension,
demotion, or discharge, the Commission may modify the order of removal,
suspension, demotion, or discharge by directing a suspension, with
or without pay, for a given period and the subsequent restoration
to duty or demotion in position or pay. No later than 10 calendar
days after the hearing, the Commission shall certify its findings
in writing to the employee and the Mayor, who shall enforce them.
A.
Establishment. In establishing a reduction in force policy, the Mayor
and Council shall consider recommendations from the Civil Service
Commission, but shall not be bound by them. Prior to the adoption
of a reduction in force policy, the Mayor and Council shall, after
giving reasonable notice to each police officer by first class mail,
conduct a public hearing.
B.
Factors. The Mayor and Council shall adopt a reduction in force policy
which shall consider factors including, but not limited to:
(1)
The multiple job skills recently or currently being performed by
the employee;
(2)
The knowledge, skills, and abilities of the employees;
(3)
The performance appraisal of the employee, including any recent or
pending disciplinary actions involving the employee;
(4)
The employment policies and staffing needs of the department, together
with contracts, ordinances, and statutes related thereto;
(5)
Required federal, state, or local certifications or licenses; and
(6)
Seniority.
A leave of absence with or without pay may be granted by the
Mayor to any person under civil service. The Mayor shall give notice
of such leave to the Commission. all appointments for temporary employment
resulting from such leaves of absence shall be made from the eligible
list, if any, of the civil service.
[Adopted 12-15-1981 by Ord. No. 49-81 (Ch. 2, Art. 13, of the 1976 Code)]
In matters of employee salary benefits and administrative personnel
actions and policies, the Library Board, the Board of Parks and Recreation
Commissioners, the Municipal Cemetery, and the Civic Center Commission
shall comply with the uniform policies as outlined in the current
wage and benefit survey and personnel manual of the City of Seward,
Nebraska, and ensure that personnel forms required on all City personnel
in their employ and under their supervision are filed with the City
Clerk-Treasurer.
