For the purposes of this division, “the commission”
shall mean the firemen’s and policemen’s civil service
commission.
(Ordinance 862, secs. 2, 5, 9, adopted 2/26/1948; 1959 Code, sec. 8-12; 1983 Code, sec. 2-210)
Pursuant to the civil service law there is hereby established
a firemen’s and policemen’s civil service commission,
which shall consist of three (3) members.
(Ordinance 862, sec. 10, adopted 2/26/1948; 1959 Code, sec. 8-12; 1983 Code, sec. 2-211)
Members of the firemen’s and policemen’s civil service
commission shall be appointed by the chief executive of the municipality,
and such appointment shall be confirmed by the city council before
such appointment shall be effective. Any vacancies in the firemen’s
and policemen’s civil service commission, caused by death, resignation
or otherwise, or by failure of any appointee to qualify within ten
(10) days after appointment, shall be filled in the manner specified
in this section, and such appointment shall be for the unexpired term
of the retiring commissioner or the appointee failing to qualify.
(Ordinance 862, sec. 11, adopted 2/26/1948; 1959 Code, sec. 8-13; 1983 Code, sec. 2-212; Ordinance
9770, sec. 1, adopted 1/12/1995)
All commissioners shall be sympathetic to the principles of
the merit system, of good moral character, resident citizens of the
city, shall have resided in the city for a period of more than three
(3) years, shall each be over the age of twenty-five (25) years, and
shall not have held any public office within the preceding three (3)
years.
(Ordinance 862, secs. 10, 12, adopted 2/26/1948; 1959 Code, sec. 8-14; 1983 Code, sec. 2-213)
The city council shall provide adequate and suitable office
space for the conduct of the business of the firemen’s and policemen’s
civil service commission.
(Ordinance 862, sec. 20, adopted 2/26/1948; 1959 Code, sec. 8-21; 1983 Code, sec. 2-214)
The members of the firemen’s and policemen’s civil
service commission shall, at a date, hour and place set by the commission,
hold regular meetings at least once each month and may hold additional
meetings as may be required in the proper discharge of their duties.
Two (2) members of the commission shall constitute a quorum to transact
business.
(Ordinance 862, sec. 16, adopted 2/26/1948; 1959 Code, sec. 8-17; 1983 Code, sec. 2-215)
It shall be the duty of the firemen’s and policemen’s
civil service commission as a body:
(1)
Rules and regulations as to conduct of business.
After
public hearing, to approve such rules and regulations for the proper
conduct of its business as it shall find necessary and expedient.
(2)
Adoption, modification or rejection of classification and compensation
plans.
After public hearing to adopt, modify or reject
such classification and compensation plans for firemen and policemen,
together with rules for their administration, as may be recommended
by the director after a thorough survey of the personnel and departmental
organization of the fire department and police department.
(3)
Minimum standards for classes.
To formulate minimum
standards and qualifications for each class of position in the classified
service.
(4)
Examination of applicants.
To make provisions for open, competitive and free examinations for persons making proper application and meeting the requirements as prescribed in the civil service law, article 2.06, and the rules and regulations of the commission.
(5)
Temporary appointments.
To authorize temporary appointments
to the classified service in the event no eligible list has been prepared
for the position and to limit such temporary appointments to a maximum
period of three (3) continuous months.
(6)
Promotions.
To make rules and regulations governing
promotions, allowing credit for efficiency and credit for seniority,
and providing for promotional examinations.
(7)
Suspensions–Compliance with law by department heads.
To require compliance by department heads with the provisions
of the civil service law governing suspensions, both disciplinary
and indefinite.
(8)
Same–Investigations.
To investigate disciplinary
suspensions to see whether there is just cause for such suspension.
(9)
Same–Decision.
To hold a hearing and render a
decision in writing within thirty (30) days after it receives a notice
of appeal from any indefinite suspension, as to status of the suspended
employee.
(10)
Employee ratings.
To make rules and regulations providing
for a system of service or efficiency ratings for all employees in
the classified service, which ratings shall be used for purposes of
promotion, demotion, layoff and reinstatement.
(11)
Leaves of absence.
To make rules and regulations regarding
leaves of absence, regular and sick, with and without pay. Such rules
shall conform to state laws and city ordinances on such subject.
(12)
Investigations on petition of citizen or on its own motion.
To make investigations, either on petition of a citizen or of its own motion, concerning the enforcement and effect of article 2.06 and to require observance of its provisions and the rules and regulations made thereunder. In such investigations, the firemen’s and policemen’s civil service commission shall have the power to subpoena witnesses and papers relevant to such investigation.
(13)
Hearing of appeals or complaints.
To hear and determine
appeals or complaints respecting the administrative work of the director,
the rejection of an applicant for admission to an examination and
such other matters as may be referred to the firemen’s and policemen’s
civil service commission by the director.
(14)
Investigations requested by mayor or city council.
To
make such investigations as may be requested by the mayor or the city
council and to report thereon.
(15)
Technical services.
To contract or arrange, within its
budget allowance, for such technical services in connection with personnel
selection and administration as may be necessary, including the preparation
and conduct of examinations.
(16)
Regulations not to permit employment of unfit person.
No rule or regulation shall ever be adopted by the firemen’s
and policemen’s civil service commission which will permit the
appointment or employment of any person without good moral character,
or any person unfit mentally or physically, or any person incompetent
to discharge the duties of such appointment or employment.
(Ordinance 862, sec. 16, adopted 2/26/1948; 1959 Code, sec. 8-18; 1983 Code, sec. 2-216; Ordinance
2000-O0003, secs. 1, 2, adopted 2/24/2000)
(a)
The
firemen’s and policemen’s civil service commission shall
cause to be published all rules and regulations which may be promulgated
by it, and shall publish classification and seniority lists for each
department in the classified service, and such rules and regulations
and lists shall be made available upon demand.
(b)
Whenever
the commission shall have adopted any such rules or regulations by
a majority vote, and shall have caused same to be reduced to writing,
typewriting or printing, such rules and regulations shall thereupon
be deemed to be sufficiently published and promulgated within the
meaning of this section and shall be valid and binding, upon the commission
doing or causing to be done the following:
(1)
By mailing a copy of such rules and regulations to the commissioner
of fire and police, if any, the chief of the police department and
the chief of the fire department.
(2)
By posting all such rules and regulations at a conspicuous place
for a period of seven (7) days in the central police station and for
the same period in the central fire station.
(3)
By mailing a copy of all such rules and regulations to each branch
fire station.
(c)
The
director of civil service shall keep on hand copies of such rules
and regulations for free distribution to members of the fire and police
departments requesting same, and the rules and regulations shall be
kept available for inspection by any interested citizen.
(d)
No
additional publication by way of insertion in a newspaper shall be
required and no action need be taken by the city council with reference
to publication of the rules or regulations.
(Ordinance 862, sec. 22, adopted 2/26/1948; 1959 Code, sec. 8-19; 1983 Code, sec. 2-217)
It shall be the duty of the firemen’s and policemen’s civil service commission to begin and conduct all civil suits which may be necessary for the proper enforcement of article 2.06 and of the rules of the commission and to defend all civil suits which may be brought against the commission. The commission shall be represented in such suits by the city attorney, but the commission may, in any case, with the approval of the city council, be represented by special counsel appointed by the commission.
(Ordinance 862, sec. 21, adopted 2/26/1948; 1959 Code, sec. 8-20; 1983 Code, sec. 2-218)
Any member of the commission may be removed by a two-thirds
(2/3) vote of the city council for any act contrary to the best interest
of the service or failure to act in a manner to promote the best interest
of the service, having first given to such member a copy of the charges
against him. The member so charged shall have the right of a public
hearing and the right of appeal to the district court as allowed employees
of the classified service under the civil service law.
(Ordinance 862, sec. 14, adopted 2/26/1948; 1959 Code, sec. 8-16; 1983 Code, sec. 2-219)
Of the first three (3) commissioners selected to comprise the
commission, one shall be appointed for a term of one year, one shall
be appointed for a term of two (2) years and one shall be appointed
for a term of three (3) years. Thereafter, the term of office of each
commissioner shall be for three (3) years, or until a successor is
appointed, confirmed and qualified.
(Ordinance 862, sec. 13, adopted 2/26/1948; 1959 Code, sec. 8-15; 1983 Code, sec. 2-220)
