A personnel board consisting of five (5) resident and qualified
voters shall be appointed by the council for four (4) year overlapping
terms of office. Vacancies shall be filled by council appointment
for the expired portion of the term. A member of the personnel board
shall be removed from office by the council only for malfeasance,
misfeasance or nonfeasance and after charges have been filed and such
member has been given a reasonable opportunity to defend themselves
in an open public hearing before the council. In the event of a vacancy
on the personnel board, other than vacancies caused by expiration
of the terms of members, the city council shall appoint a person to
fill the unexpired term. Such an appointment to fill an unexpired
term shall not be considered as one of the two term limit. The board
shall provide for its own organization and rules for conduct of meetings;
provided, that all meetings shall comply with the public meeting requirements
of state law. Three (3) members shall constitute a quorum. Members
of the board shall serve without pay, but shall be entitled to actual
and reasonable expenses incurred outside of the City in the performance
of their duties.
No member of the personnel board shall serve more than two (2)
consecutive terms.
Reappointment of incumbents to the personnel board shall be
for four-year (4) terms in accordance with this section.
(Res. No. 240; amended by General Municipal Election on November 7, 2000; amended by General Municipal Election on November 2, 2010; Amended by General Municipal
Election on November 3, 2020)
The personnel board shall have the power and shall be required:
a. To advise
the council and administrative officials on all matters relating to
personnel administration in the City service.
b. To investigate
and pass upon the complaint of an employee or group of employees alleging
unfair treatment resulting from a management decision, or lack of
decision; concerning the interpretation of City rules or regulations
governing personnel practices or working conditions within the control
of the department head; in which case, the decision of the board,
with regard to the interpretation of said rules or regulations, shall
be binding upon the appointing authority.
c. To investigate
and pass upon the claim of any person that their application for employment
or promotion has not been processed and considered pursuant to the
provisions of this charter and the personnel rules governing the classified
service; in which case, the decision of the board shall be binding
on the appointing authority.
d. To hear
appeals from any action of suspension, reduction in rank or pay, or
discharge of any employee in the classified service and to report
its findings and decisions in writing to the appointing authority;
such findings and decisions shall be final and binding on the appointing
authority.
e. To subpoena
witnesses and administer oaths.
(Res. No. 240; amended by General Municipal Election on November 7, 2000; Amended by General Municipal Election on November 2, 2010)
The human resources director shall be appointed by the City
manager. The human resources director shall be responsible for directing
the personnel program of the City in accordance with the provisions
of this charter and ordinances supplemental thereto.
(April 11, 1972; Amended by General Municipal Election on November 2, 2010)
It is the intention of this article to provide for a merit system
of employment in City service. The council shall enact by ordinance
a set of rules governing classified municipal employment which shall,
among other things, provide:
a. For
the classification of all positions in the classified service.
b. For
open, free and competitive examinations to test the relative fitness
of applicants for such positions, and or reasonable publication and
public advertisement of all examinations and for promotion based upon
competitive examinations or records of efficiency, character, conduct
and seniority, or upon examination and record.
c. For
the creation of eligible lists upon which shall be entered the names
of successful candidates in the order of their standing on the examination,
except if waived or modified in the personnel rules, and for the certifications
of those on the appropriate list to the manager or department heads
for appointment to fill vacancies and for the manner in which appointments
shall be made from such list.
d. For
the period of time in which eligible lists shall continue in effect.
e. For
a period of probation not to exceed one (1) year, both on original
and promotional appointments, before the appointment is made permanent,
during which time, in the case of an original appointment, the probationer
may be discharged or, in the case of a promotion, returned to a position
of their former classification by the head of the department of office
in which employed. Provided, however, that no period of absence from
work, leave, or limited duty assignment shall be credited toward completion
of the probationary period, nor shall any overtime or additional work
beyond normal working hours be credited towards completion of the
probationary period.
f. For
the rejection of candidates of eligibility who fail to comply with
a bona fide occupational qualification in regard to age or sex or
who fail to comply with a qualification standard which is job-related
and consistent with business necessity; or who have been convicted
of a crime which adversely affects their qualification for the position
applied for; or who have attempted any deception or fraud in connection
with an examination for employment by the City.
g. For
the employment with examination of provisional employees, in cases
of emergency pending appointment from an eligible list, but no such
provisional employment shall continue for more than thirty (30) days
after the establishment of an eligible list for the position held,
and in no event for more than (90) days.
h. For
transfer from one (1) position to a similar position in the same class
and grade, for reinstatement after resignation, layoff or reduction
in class or grade.
i. For
the discipline of employees by suspension, demotion, discharge or
other actions not inconsistent with the provisions of this article.
j. For
the certification to the chief finance officer of the City of names
and classifications of all persons legally employed in the City service,
without which certifications this officer shall not authorize the
issuance of salary paychecks.
(April 11, 1972; amended by General Municipal Election on November 2, 2010; Amended by General Municipal Election on November 3, 2020)
All examinations shall be impartial and shall deal with the
duties and requirements of the positions to be filled. They may be
oral, written or based on observed performance or educational and
experience record, or any combination thereof. Unskilled laborers
may be appointed in the order of priority of application after passing
such tests of fitness as the human resources director may prescribe.
The human resources director may develop an apprenticeship program
for the recruitment and promotion of employees in the skilled trades.
(April 11, 1972; Amended by General Municipal Election on November 2, 2010)
The council, upon recommendation of the City manager may contract
with other political subdivisions of the state, or with any state
department, or with an experienced private agency for the furnishing
of personnel, fiscal or other consultative services.
(April 11, 1972; amended by General Municipal Election on November 7, 2000; Amended by General Municipal Election on November 2, 2010)
The employments in the City service are hereby divided into
the classified and unclassified service. The unclassified service
shall consist of (a) officers elected by the people and persons appointed
to fill vacancies in elective offices; (b) the members of boards and
commissions as provided by this charter; (c) the City manager, assistant
City manager, City attorney, deputy, associate or assistant attorneys,
the heads of one or more departments, and all persons holding an assistant
department head position who were hired or promoted to that position
after March 5, 2014, as provided for in this charter; (d) persons
employed in a professional or scientific capacity to conduct or complete
a special inquiry, investigation, examination or project, not to exceed
thirty-six (36) months full-time employment or equivalent without
a break of at least three (3) months; (e) persons employed for a temporary,
seasonal or special purpose for a period not to exceed fifteen hundred
(1,500) hours employment or the equivalent thereof in any twelve (12)
month period; (f) reserve firefighters and reserve police officers;
and (g) disaster service workers whether recruited or conscripted.
The classified service shall comprise all positions not specifically
included in the unclassified service.
(April 11, 1972; amended by General Municipal Election on November 7, 2000; amended by General Municipal Election on November 2, 2010; Amended by General Municipal
Election on November 3, 2020)
(Repealed by Referendum April 11, 1972)