[1]
Editor’s note–Ord. No. 1995, § 1, adopted May 28, 2013, amended in its entirety the former Art. II, §§ 58-26-58-36, and enacted a new Art. II as set out herein. The former Art. II pertained to the civil service system and derived from the Code of 1974, §§ 2-51-2-61; Ord. No. 1083, §§ 1-11, 8-25-92; and Ord. No. 1077, adopted § II, 5-12-92.
There is established a civil service commission to be comprised of three permanent members and as many alternate members as the city council shall appoint. Alternate members shall serve in the absence of permanent members and shall be called to serve in the order of their seniority. When sitting as commissioners, alternate members shall have the same power and authority as permanent members. The members of the commission shall be residents of the city and shall be appointed by the city council for a term of three years. The initial members of the commission shall be appointed for terms of one, two and three years, respectively, and all subsequent appointees shall be appointed for a full three-year term so that one member of the commission shall be appointed in each year. The city council shall have the authority to remove any member of the civil service commission at any time, without cause. The city council shall also fill, for the unexpired term thereof, any vacancies which may arise for any reason in the membership of the commission. The commission members shall receive no compensation other than travel expenses and other expenses incurred in the discharge of their duties. A majority of the members shall constitute a quorum.
(Ordinance 1995, § 1, 5-28-13)
Annually a chairman shall be elected among the members of the commission. It shall be the function of the chairman to preside over meetings of the civil service commission and to report periodically to the city council.
(Ordinance 1995, § 1, 5-28-13)
The civil service commission, with the advice and counsel of the city attorney and the city manager, shall prepare provisions consistent with this article for the administration of the civil service system as established hereby, which provisions shall become final upon approval of the city council. The commission and/or the city manager shall, from time to time, review such provisions and recommend modifications, amendments and changes thereto with the advice of the other to the city council, which modifications, amendments and changes shall become final upon approval of the city council. Such provisions shall establish procedures for:
(1) 
The proper conduct of the business of the commission;
(2) 
A system for the testing, examination and qualification of applicants for positions within the city;
(3) 
Certification to the appointing authority of those applicants qualified pursuant to the provisions of such commission;
(4) 
The establishment of provisions constituting cause for demotion, suspension or discharge of employees;
(5) 
Establishing a system of job descriptions and salary classifications, providing for vacations, sick leave, promotion, demotion, seniority, tenure, cutbacks, leaves of absence, discharge, suspensions and disciplinary action; and
(6) 
Procedures for the filing and determination of employee grievances and appeals.
(Ordinance 1995, § 1, 5-28-13)
No person making application for entrance into the civil service system of the city or seeking advancement therein shall be discriminated against as a result of religion, age, race, color, sex, national origin, disability, genetic information or veteran status.
(Ordinance 1995, § 1, 5-28-13)
This article shall in no way invalidate, modify or affect any prior act or ruling of the civil service commission nor any act or ruling of city officials pursuant to prior provisions of the civil service system.
(Ordinance 1995, § 1, 5-28-13)
The provisions established for the civil service system shall exempt from their application the following:
(1) 
City manager, deputy city manager, assistant city manager;
(2) 
Assistants to the city manager;
(3) 
City secretary, deputy city secretary;
(4) 
City attorney;
(5) 
City engineer, assistant city engineer;
(6) 
Municipal judge;
(7) 
Directors, assistant directors, deputy directors;
(8) 
Police chief, assistant/deputy police chief, police captains;
(9) 
Fire chief, assistant/deputy fire chief, fire division chiefs;
(10) 
Administrators;
(11) 
General managers;
(12) 
Texas Star Golf Course and Conference Centre employees;
(13) 
Part-time and temporary employees; and
(14) 
Interns.
(Ordinance 1995, § 1, 5-28-13)
No person under the civil service system shall be under any obligation to contribute to any political fund or to render any political service while in such employ. No employee shall seek or accept nomination or election to any office of the city nor shall any employee directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political purpose whatsoever involving election to office with the city; nor shall any employee take part in political management or affairs or campaigns involving election to office with the city other than to cast his vote or express privately his opinion. No political activity shall be conducted in violation of the civil service provisions. The civil service provisions shall not prevent an employee from signing a petition for or endorsing for publication the election or recall of an elective official of the city, provided such employee does not circulate such petition or endorsement instrument.
(Ordinance 1995, § 1, 5-28-13)
No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of the civil service provisions, or in any manner commit or attempt to commit any fraud preventing the impartial application of such system; nor shall any person, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position of employment with the city. No person shall further defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under the civil service system 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 civil service system.
(Ordinance 1995, § 1, 5-28-13)