Appointments and promotions in the administrative service of the City shall be made according to merit and fitness, to be ascertained, so far as practicable, by competitive examination.
All persons shall have equal opportunity to obtain and hold employment, and to advance therein, from or under any board, department, officer or agency in this Charter enumerated or provided for, without discrimination prohibited by state or federal law.
The right of Association and Petition. All employees of the City are to be free from interference, coercion, and restraint in associating themselves together for their mutual benefit in connection with their public employment. They may designate representatives of their own choosing and collectively or individually they may exercise their right of petition to the City Council or to the board, officer or commission having jurisdiction of such matters concerning wages, hours or conditions of employment.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977)
The Civil Service of the City shall be divided into the Unclassified and the Classified Service.
(a) 
The Unclassified Service shall comprise the following officers and positions:
1. 
Members of the City Council;
2. 
City Manager and the entire staff of the immediate office;
3. 
City Attorney and the entire staff;
4. 
Except for City Clerk, directors of all City departments, including the Chief of Police and the Chief of the Fire Department;
5. 
All members of Boards and Commissions; and
6. 
Persons employed to render professional, scientific, technical or expert service or temporary and unskilled labor of an occasional and exceptional character, or during times of emergency involving the public safety and so declared by the City Council, a person employed as a civil defense coordinator, or other coordinator appointed by reason of such emergency.
7. 
The position of Assistant City Clerk and all other positions within the department other than the position of City Clerk, unless the City Council by resolution determines otherwise.
(b) 
The Classified Service shall comprise all permanent positions not specifically included by this section in the Unclassified Service.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977; amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
In the event an officer or employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should subsequently be removed therefrom, the officer or employee shall revert to his or her former position in the Classified Service without loss of any rights or privileges and upon the same terms and conditions as if the officer or employee had remained in said position continuously. Should such person be eligible for retirement under the retirement system at the time of such subsequent removal, upon recommendation of the City Manager the officer or employee shall be retired in lieu of being restored to his or her former position. This section shall not apply to any person who is appointed to a position of departmental director.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS; amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS)
The Personnel Director shall make periodic studies of the classification and grading of positions and shall submit to the City Manager for approval any changes which the Director deems desirable to better classify positions, according to similarity of authority, duties and responsibilities.
Upon approval by the City Manager, such proposed changes shall be referred to the Personnel Board for the holding of a public hearing thereon at which officers and employees affected thereby and others interested and desiring to be heard shall be given an opportunity to do so. Upon approval by the Personnel Board, they shall be referred to the City Council for final consideration and adoption.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
Examinations of applicants for positions in the Classified Service shall be practical and relate to those matters which fairly test the relative capacity of the applicants to discharge the duties of the position to which they seek to be appointed.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977)
A system of compulsory, periodic, at least annually, efficiency ratings shall be established by the Personnel Director for all employees in the Classified Service, subject to the approval of the Personnel Board.
Special rating forms shall be designed for such classification as require them in order that the quality of performance, by each person rated, of the required functions of the positions may be accurately reflected through their use.
The City Manager or his or her designee shall be required to evaluate all departmental directors and subordinate officers. The departmental directors shall evaluate all officers and employees in their respective departments.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977; amended at General Municipal Election, November 7, 2006, certified by Res. No. 10187CCS; amended by Ord. No. 2664CCS, 11/3/20)
Whenever it becomes necessary, in the opinion of the City Council, to abolish a position or to reduce the number of employes in a given class in the Classified Service and to discharge the employee or employees holding such position, or positions, the City Council may do so by stating in its proceedings its reasons therefor. Should such position, or positions, be reinstated or any position, or positions, involving substantially the same duties be created or filled within one year, the employee or employees discharged shall be appointed thereto.
All lay-offs shall be governed by seniority in service and shall be in the reverse order of employment. Re-employment shall be in the reverse order of the lay-offs.
The City Council and all officers having appointive authority are vested with the right to exercise the disciplinary and removal powers hereinafter provided.
An employee serving a probationary period in an office, position or employment, shall be subject to removal therefrom without right of appeal.
An employee, other than one serving a probationary period, holding a position in the Classified Service shall be subject 1) to suspension without pay for a period of not exceeding thirty (30) days in any one calendar year, 2) to demotion, or removal from his/her position for misconduct, incompetency, inefficiency or for failure to observe the rules or regulations of the department, office or agency, or to cooperate reasonably with his/her superior or fellow employees but subject to the right of the employee to appeal to the Personnel Board in the manner set forth herein.
Such employee shall be entitled to receive upon request, at the office of the board or officer taking such action, not later than the tenth calendar day thereafter, a written statement in which shall be stated separately each of the charges against the employee upon which such suspension, demotion or removal is based, a copy of which statement shall be furnished the Secretary of the Personnel Board. The employee shall have ten calendar days after the receipt of such statement of charges to file an answer to such charges should he or she desire to do so.
The answer shall be filed in the office of the City Clerk and with the Secretary of the Personnel Board. In the answer, such employee may request a hearing by the Personnel Board to review such suspension, demotion or removal which shall be called and held as provided for in the rules and regulations. Hearings may be conducted informally and the rules of evidence need not apply. The Personnel Board shall make written findings, conclusions and recommendations which shall state for each charge whether or not such charge is sustained and whether just cause exists for discipline.
If, with respect to a demotion, such Personnel Board shall conclude that such demotion or removal was without just cause, a recommendation by it of reinstatement without loss of pay shall be binding upon the appointing power who forthwith shall order such reinstatement and in such event the conclusions and recommendation of the Personnel Board shall be final and no appeal may be taken therefrom. If the Personnel Board concludes that such demotion or removal was with just cause, any recommendation by it shall be advisory only and shall not be binding on the appointing power and in such instance and in the instance of a suspension the decision of the appointing power shall be final and no appeal may be taken therefrom. Vacancies created under this section may be filled by the appointing authority by temporary appointment pending the completion of any proceedings taken hereunder.
A reduction in pay shall be a demotion, under this section, unless it is a part of a plan to reduce salaries and wages in connection with a general economy or curtailment program. A failure to grant an increase to an individual at a time when increases are granted generally as a part of a plan to increase salaries and wages throughout the City service shall likewise be a demotion.
(Amended at General Municipal Election April 10, 1979, certified by Res. No. 5283CCS)
All employees in the Classified Service shall be subject to current state and federal laws regulating political activities of said employees.
(Amended by Ord. No. 1051CCS, adopted April 12, 1977)
No person shall wilfully or corruptly make any false statement, certificate, mark, rating or report in regard to any application, test, certification, or appointment held or made under the personnel provision of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of such personnel provisions or rules and regulations made hereunder.
Any person who by himself or herself or with others wilfully or corruptly violates any of the provisions of this Article shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any person convicted hereunder shall be ineligible for a period of five years for employment in the City service and shall, if the person is an officer or employee of the City, immediately forfeit his or her office or position.
(Amended at General Municipal Election, November 3, 1992, certified by Res. No. 8503CCS)
The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city, or county within this state, or with any state department or other agency for the preparation or conducting of competitive examinations for positions in the City service or for the performance of any other personnel administration service.