As used in this division, the following terms shall have the
respective meanings ascribed to them:
The officer of the city having the final authority to make
the appointment to the position to be filled, being the city manager.
Chapter 325, Acts of Texas Legislature, Regular Session,
1947, as amended and codified as chapter 143 of the Local Government
Code, Vernon’s Annotated Civil Statutes.
The members of the fire department and the police department
as defined under “firefighter” and “police officer”
herein; provided, the chief or head of the fire department and the
chief or head of the police department shall not be included in the
classified service, and other police officer or firefighter as permitted
by chapter 143.
The firefighters’ and police officers’ civil
service commission of the city.
The chief or head of the fire department and/or the chief
or head of the police department.
The director of the firefighters’ and police officers’
civil service designated by the firefighters’ and police officers’
civil service commission to act in the capacity of secretary to the
commission and director of civil service.
Any member of the fire department who draws compensation
for his or her services as a member of said department.
Any member of the police department who draws compensation
for his or her services as a member of said department.
An opportunity given after public notice of at least five
(5) days for any citizen or party interested to appeal and be heard
at reasonable length on the matter involved.
(1990 Code, sec. 7.501)
In accordance with the civil service law which was adopted by
the qualified voters of this city, there is hereby established a civil
service system for firefighters and police officers, and pursuant
thereto there is hereby established a fire officers’ and police
officers’ civil service commission which shall consist of three
(3) members sympathetic to the principles of the merit system.
(1990 Code, sec. 7.503)
Members of the commission shall be appointed by the chief executive
of the city, and such appointments shall be confirmed by the governing
body before they shall be effective. Any vacancies in the 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 hereinabove specified, and such appointment shall be
for the unexpired term of the retiring commissioner or the appointee
failing to qualify.
(1990 Code, sec. 7.504)
All such commissioners shall be of good moral character, citizens
of the United States, 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.
(1990 Code, sec. 7.505; Ordinance
adopting Code)
(a)
Of
the first three (3) commissioners so selected to comprise the commission,
one shall be appointed for a term of one (1) 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.
(b)
Members
of the commission shall serve without compensation.
(1990 Code, sec. 7.506)
Any member of the commission may be removed in accordance with
the provisions of section 143.007 of the Local Government Code.
(1990 Code, sec. 7.507)
(a)
The
members of the firefighters’ and police officers’ civil
service commission shall, at a date, hour and place set by the commission,
hold regular meetings as may be required in the proper discharge of
their duties. Two (2) members of said commission shall constitute
a quorum to transact business.
(b)
It
shall be the duty of the firefighters’ and police officers’
civil service commission as a body to:
(1)
Approve such rules for the proper conduct of its business as it shall
find necessary and expedient. No rule or any amendment or repeal thereof
shall be effective until approved by the governing body.
(2)
Adopt, modify or reject such classification and compensation plans
for firefighters and police officers, 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. No such plans or any amendments
thereof shall be effective until adopted by the governing body.
(3)
Formulate minimum standards and qualifications for each class or
position in the classified service.
(4)
Make provisions for open, competitive, and free examinations for
persons making proper application and meeting the requirements as
prescribed in the civil service law, this division, and the rules
of the commission.
(5)
Authorize temporary appointments to the classified service in the
event no eligible list has been prepared for the position in accordance
with civil service law.
(6)
Make rules governing promotions, allowing credit for seniority, and
providing for promotional examinations.
(7)
Require compliance by department heads with the provisions of the
civil service law governing suspensions, both disciplinary and indefinite.
(8)
Investigate disciplinary suspensions to see whether there is just
cause for such suspension.
(9)
Make rules regarding leaves of absence, regular and sick, with and
without pay. Such rules shall conform to state laws and city regulations
on such subject.
(10)
Make investigations either on petition of a citizen or of its own
motion concerning the enforcement and effect of this division and
require observance of its provisions and the rules made thereunder.
In such investigations, the commission shall have the power to subpoena
witnesses and papers relevant to such investigation.
(11)
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
commission by the director.
(12)
Make such investigations as may be requested by the chief executive
and/or the governing body and report thereon.
(13)
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.
(c)
No
rule shall ever be adopted by the 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.
(1990 Code, sec. 7.508)
There is hereby established the office of director of firefighters’
and police officers’ civil service, which shall be filled by
the appointment by the commission with some person meeting the same
requirements as hereinabove provided for members of the commission,
except the director is not required to meet the three-year residency
requirement. Said director may be either a member of the commission,
another employee of the city, or some other person. The governing
body shall determine what salary, if any, shall be paid to such director.
The commission may remove the director at any time, with or without
cause or notice.
(1990 Code, sec. 7.509)
It shall be the duty of the director of the firefighters’
and police officers’ civil service to:
(1)
Attend
the regular and special meetings of the commission, act as its secretary
and record its official actions.
(2)
Prepare
and recommend rules for the administration of this division, which
shall become effective after approval by the civil service commission
and the governing body as provided in this division; administer such
rules; propose amendments thereto.
(3)
Establish
and maintain in card or other suitable form a roster of officers and
employees in the classified service of the city. Such roster shall
include items specified by the commission in its rules.
(4)
Recommend,
with such outside assistance as may be authorized, a classification
plan, which when adopted by the governing body of the city shall become
the official classification plan for the city.
(5)
Make
a study of the rates of compensation being paid for each class of
position in the classified service and prepare a compensation plan
for submission to the commission when called upon. No such plan shall
be effective until it is approved by the governing body of the city.
(6)
Formulate
and hold competitive examinations to determine the relative qualifications
of persons who seek employment and as a result thereof establish eligibility
lists for the various classes of positions.
(7)
When
a vacant position is to be filled, certify to the appointing authority
on written request the name of the three (3) persons highest on the
reinstatement list or eligibility list for the class.
(8)
Submit
to the governing body of the city recommendations as to uniform standards
in respect to attendance and leave regulations, employee training
and welfare, duties and salary classification, and other personnel
matters.
(9)
Keep
such records as may be necessary for the proper administration of
this division and the rules.
(10)
Make investigations concerning the administration and effect of this
division and the rules made thereunder and report his or her findings
and recommendations to the commission.
(11)
Make an annual report to the commission.
(12)
Perform such other work relevant to the civil service system as may
be required by the commission.
(13)
Provide a system of checking payrolls, estimates, and accounts for
payment of salaries to employees and certify that the persons whose
names appear thereon have been regularly employed in the performance
of the duties indicated at the compensation rates and for the periods
for which compensation is claimed or are on authorized leave before
payment may be lawfully made to such employees.
(1990 Code, sec. 7.510)
Any person holding a position in the classified service at the
time of the adoption of the civil service law by the voters of this
city, who shall have served in the service of the city continuously
for at least six (6) months, shall enjoy civil service status without
competitive examinations but shall thereafter be subject in all other
respects to the provisions of this division and the rules of the commission.
Any other person in the classified service shall be regarded as holding
his or her position under temporary appointment.
(1990 Code, sec. 7.511)
It shall be the duty of the commission to begin and conduct
all civil suits which may be necessary for the proper enforcement
of this division 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 said
commission may in any case, with the approval of the governing body,
be represented by special counsel appointed by the commission.
(1990 Code, sec. 7.512)
While in uniform or on duty employees in the classified service
shall not be permitted to take an active part in any political campaign
of another for an elective position of the city. The term “active
part” includes making political speeches, passing out cards
or other political literature, writing letters, signing petitions,
actively and openly soliciting votes and making public derogatory
remarks about candidates for such elective positions. In addition
to a fine or imprisonment as provided under the civil service law,
any willful violation of this prohibition shall be sufficient grounds
to authorize the discharge of any employee in the classified service.
(1990 Code, sec. 7.514)
It shall be unlawful for any employee in the classified service
of the city to engage in any strike against the city. In addition
to such fine or imprisonment provided under the civil service law,
any employee who has been convicted of the violation of the provisions
of this division shall thereby be automatically released and discharged
from such classified service and shall thereafter be ineligible to
receive any pay or compensation out of any public funds provided for
the support of such classified service.
(1990 Code, sec. 7.515)
(a)
The
chief of police may make or prescribe such standard operation procedures
as he or she shall deem advisable not inconsistent with the civil
service laws; such rules shall be binding on such members. Such rules
may include, but not be limited to: the conduct of the members; uniforms
and equipment to be worn or carried; hours of service; vacations;
and all other similar matters necessary or desirable for better efficiency
of the department.
(b)
The
chief of police may institute any such rule or policy which otherwise
would be approved by the civil service commission on an emergency
basis, and the rule will be binding upon the members until the next
regular scheduled meeting of the civil service commission, who must
review, modify if necessary, and approve the rule for it to continue
to be in effect. However, such meeting shall be held within forty-five
(45) days after the rule is implemented.
Editor’s note–Because this rule has been the accepted practice of the police department since October 20, 1988, when the existing rules and regulations were approved by the civil service commission, section 2.03.124 shall be retroactive to that date.
(1990 Code, sec. 7.516)
