For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Employee"
shall include appointive officers.
"Tense."
The present tense shall include the future tense as well as the present tense.
"Writing"
shall include printing, typewriting and word processing.
(§ 20, Ord. 1456, as amended by § 2 (5), Ord. 624-NS, eff. Dec. 15, 1999)
Pursuant to the authority granted to the legislative body of any city within the State under the provisions of the General Laws of the State, the civil service system set forth in this article is hereby adopted for the City in order to carry out the following purposes:
(a) 
To establish an equitable and uniform procedure for dealing with personnel matters;
(b) 
To attract and retain in the municipal service the best and most competent persons available;
(c) 
To assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive tests; and
(d) 
To provide a reasonable degree of security for qualified employees.
(§ 1, Ord. 1456)
There is hereby created a Civil Service Commission composed of five members to be appointed by the Council to serve for six year staggered terms. At the first meeting of the Commission, its members shall determine by lot which one member shall serve for two years, which one member shall serve for three years, which one member shall serve for four years, which one member shall serve for five years, and which one member shall serve for six years. At the end of the respective terms of the original members so decided by lot, a successor shall be appointed for a term of six years; provided, however, vacancies occurring during a member's term shall be filled by appointment for the unexpired portion of the term. Members of the Commission shall serve at the pleasure of the Council and may be removed at any time by a four-fifths (4/5) vote of the Council. At the time of appointment, members of the Commission shall be, and at all times while serving on the Commission shall remain, residents of the City. No person who is a candidate for an elective office of the City or who holds any other public office or employment with the City shall serve on the Commission. No member, while serving on the Commission, shall be eligible for appointment to any office or employment of the City.
(§ 3, Ord. 1456, as amended by § 1, Ord. 855-NS, eff. July 6, 2010)
The Civil Service Commission shall determine the order of business for the conduct of its meetings. The Commission shall meet regularly as required by the personnel rules and regulations or on the call of the Chairman or of a quorum of the Commission. Two members of the Commission shall constitute a quorum for the transaction of business.
(§ 4, Ord. 1456)
With the approval of the Council, the Civil Service Commission may incur obligations to carry out its functions. The functions of the Commission shall be:
(a) 
As provided in this article and the personnel rules and regulations, to hear appeals submitted by any person in the competitive service relative to any dismissal, demotion, or alleged violation of the provisions of this article or the personnel rules and regulations and to certify its findings and recommendations as provided in this article;
(b) 
In any investigation or hearing conducted by the Commission, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before the Commission by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Police Chief to cause all such subpoenas to be served. The refusal or wilful failure of any person to attend or testify in answer to such subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Commission shall have the power to administer oaths to witnesses;
(c) 
As provided in this article, to act in an advisory capacity to the Council on personnel matters in the City service;
(d) 
To publish or post notices of tests for positions in the competitive service, to receive applications for such positions, to conduct and grade tests, and to certify to the appointing power a list of all persons eligible for appointment to positions in the competitive service;
(e) 
To develop, for the approval of the Council, appropriate rules and regulations to carry out the purposes of this article;
(f) 
When requested by the Council, to hold hearings and make recommendations on any matter of personnel administration within the limits of the request of the Council; and
(g) 
To establish and maintain suitable procedures for effective communication between employees and their supervisors, between employees and the Chief Administrative Officer, between employees and the Civil Service Commission, and between employees and the Council relating to conditions of employment in the City service. The Commission shall review such procedures as it deems necessary and may make any comment it deems appropriate for the consideration of the Council.
(§ 4, Ord. 1456)
(a) 
Preparation. The Civil Service Commission shall cause to be prepared appropriate rules and regulations for the administration of the provisions of this article. Such rules and regulations and any subsequent amendment or repeal thereof shall become effective upon the adoption thereof by resolution of the Council.
(b) 
Hearings. Before approving the adoption, amendment, or repeal of the personnel rules and regulations, a public hearing shall be held to permit interested persons to be heard.
(c) 
Hearings: Notices. A written notice shall be given at least 10 calendar days prior to the scheduled hearing to each department head, all representative employee associations, and all boards and commissions. Such notice shall be published at least once prior to the scheduled hearing in a newspaper of general circulation in the City.
(§ 8, Ord. 1456)
The Council shall cause to be prepared a position classification and salary plan, including class specifications and revisions of the plan as required. The plan and any revisions thereof shall be reviewed, and recommendations may be made thereon, by the Civil Service Commission prior to their adoption by the Council. The allocation or reallocation of any position and the organization or reorganization of the respective departments of the City by the Council shall not be considered a demotion or disciplinary action within the meaning of Section 2-3.218 of this article.
(§ 9, Ord. 1456)
Any person holding a position included in the competitive service who, on November 8, 1960, shall possess the minimum qualifications for the position and shall have served continuously in such position for a period equal to the probationary period prescribed in the rules for his or her class shall assume permanent status in the competitive service in the position held on November 8, 1960, without qualifying examinations or working tests. Such person shall thereafter be subject in all respects to the provisions of this article.
Any person holding a probationary position in the competitive service shall be regarded as holding his or her position or employment as a probationer who is serving out the balance of his or her probationary period before obtaining permanent status. The probationary period shall be computed from the date of the probationary appointment.
(§ 10, Ord. 1456)
The Council and any officer in whom is vested the powers of appointment, transfer, promotion, demotion, reinstatement, layoff, suspension, or dismissal of employees shall retain such powers subject to the provisions of this article and the personnel rules and regulations.
(§ 11, Ord. 1456)
The provisions of this article shall apply to all full-time offices, positions, and employments in the service of the City except:
(a) 
Elective officials and their duly authorized deputies;
(b) 
Members of appointive boards, commissions, and committees;
(c) 
The Chief Administrative Officer and all the employees in the office of the Chief Administrative Officer;
(d) 
Persons engaged under contract to supply expert, professional, or technical services for a definite period of time;
(e) 
Volunteer personnel who receive no regular compensation from the City;
(f) 
Limited service personnel, including, but not necessarily limited to, temporary and seasonal employees and employees whose hours of employment are less than the minimum established for the position; and
(g) 
Any managerial or staff level position which, at the time of its creation, is specified as exempt by the Council.
(§ 2, Ord. 1456)
(a) 
Employment lists. Appointments to vacant positions in the competitive service shall be made from persons certified as eligible upon employment lists, which employment lists shall be established by the Civil Service Commission on a basis of merit and fitness to be ascertained as far as practicable by competitive examinations. It is hereby declared to be the policy of the City to fill positions by departmental promotional examinations. Promotional appointments shall be made by the Council or the officers in whom the power to make appointments is vested by law from the three highest ranking persons on the employment lists established pursuant to the personnel rules and regulations adopted pursuant to the authority of this article.
(b) 
Provisional appointments. Provisional appointments of persons not on an employment list may be made by the Council or an appointing officer in the event no employment list is available for the position or during the suspension, demotion, or dismissal of an employee. Except as otherwise specifically provided in this article, such provisional appointments shall not continue for a period longer than six months, and no person shall be eligible to serve as a provisional employee in any position in the competitive service for more than an aggregate period of six months in any calendar year. An employment list shall be established within six months for any position in the competitive service filled by a provisional appointment unless the Council shall find and determine that, despite an active attempt to establish such employment list, sufficient qualified applicants are not available and that a serious interruption in vital municipal services will result unless such provisional appointment is extended. In such event, the Council may extend a provisional appointment for an additional six months.
(§ 5, Ord. 1456)
(a) 
Regular appointments. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months nor more than one year as provided in the personnel rules and regulations except that the probationary period for police officers shall be 18 months. During the probationary period, the employee may be rejected from a position at any time without the right of appeal or hearing. Any employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to the position from which he or she was promoted unless he or she is demoted or dismissed from the City service in the manner provided in this article and the personnel rules and regulations.
(b) 
Exempt provisions. A permanent employee in the competitive service promoted or transferred to an exempt position shall be reinstated to the position from which he or she was promoted or transferred if, within six months after such promotion or transfer, he or she requests such action be taken, or if action is taken to reject or dismiss him, unless he or she is dismissed from the City service in the manner provided in this article and the personnel rules and regulations. If the employee so promoted or transferred is rejected or dismissed at any time thereafter, he or she shall be restored to the reemployment list for the position from which he or she was promoted or transferred unless he or she is dismissed in the manner provided in this article and the personnel rules and regulations.
(§ 6, Ord. 1456, as amended by § 2 (6), Ord. 624-NS, eff. Dec. 15, 1999)
(a) 
Applications, agreements, and statements. Subject to the provisions of Section 2-3.217 of this article, the City shall have the right to require all applicants for employment to complete and submit any applications, agreements, or statements pertinent to their qualifications for employment and such other information as shall be necessary to establish the identity of the applicant.
(b) 
Repealed.
(c) 
Age limits. The Council shall adopt no rule or regulation which establishes minimum or maximum age limits for a position in the competitive service, nor shall age be established as a minimum qualification for employment in the competitive service. Any person possessing the minimum qualifications for a position in the competitive service shall be eligible to take any examination for such position regardless of age, and no appointing power or officer shall adopt any rule prohibiting the employment of persons because of age, which person otherwise qualifies for City employment.
(d) 
Age limits: Police officers. The provisions of subsection (c) of this section shall not prohibit the Council from fixing minimum or maximum age limits for the employment of police officers.
(e) 
Medical examinations. The Council shall have the right to require, at the expense of the City, the examination of any applicant for employment, reemployment, or promotion and any employee returning from leave of absence or sick leave. In addition, the Council shall have the right to require, at the expense of the City, periodic medical examinations of any City employee.
(§ 7, Ord. 1456, as amended by §§ 1, 2 (7), Ord. 624-NS, eff. Dec. 15, 1999)
No person holding a position in the competitive service shall:
(a) 
Engage in political activity during working hours; or
(b) 
Engage in political activities on City premises.
(§ 15, Ord. 1456, as amended by § 2 (8), Ord. 624-NS, eff. Dec. 15, 1999)
No person in the competitive service or seeking admission thereto shall be employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race, religious creed, color, national origin, or ancestry.
(§ 16, Ord. 1456)
(a) 
Statements of charges. Except as provided in Section 2-3.219 of this article, any permanent employee in the competitive service who has been demoted, dismissed, or reduced in pay shall be entitled to request a written statement of the reason for such action. Such request shall be made within five working days following the action. Such request shall include, in addition to the reasons for the disciplinary action, the rights of appeal to which the employee is entitled pursuant to the provisions of this article and the personnel rules and regulations. The Council or officer taking such action shall answer the employee's request within five working days, upon the receipt of which the employee shall have five additional working days within which to answer the charges in writing. In the event the employee requests the statement and prepares his or her written answer, copies of such statement and written answer shall be filed with the Civil Service Commission.
(b) 
Hearings. Within 10 working days from the date such employee files his or her answer to the written charges, or in the event such written charges have not been made available to him or her within the time prescribed, within 10 working days after the action is taken to demote, dismiss, or reduce the pay of such employee, in accordance with the procedures established by the personnel rules and regulations, he or she may file a written demand with the Civil service Commission requesting a hearing. The Civil Service Commission shall then investigate the case and conduct a hearing as provided in this article and the personnel rules and regulations. The hearing need not be conducted according to technical rules relating to evidence and witnesses; provided, however, the employee so accused shall have the right to be represented by counsel, to testify in his or her own behalf, to cross-examine all witnesses appearing against him, and to use the processes set forth in this article to compel the attendance of witnesses.
(c) 
Civil Service Commission action. Within 10 working days after concluding the hearing, the Civil Service Commission shall certify its findings and recommendations to the Council, to any official from whose action the appeal was taken, and to the employee affected.
(d) 
Council action. The Council shall review the findings and recommendations of the Civil Service Commission and may affirm, revoke, or modify the action taken which, in its judgment, seems warranted, and the action taken by the Council shall be final.
(e) 
Exception. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages.
(§ 12, Ord. 1456)
Any person holding a position in the competitive service shall be subject to disciplinary suspension without pay by the appointing authority subject to the right of appeal in accordance with the personnel rules and regulations adopted pursuant to the provisions of this article; provided, however, such suspensions shall not exceed a total of 30 calendar days in any fiscal year.
(§ 13, Ord. 1456)
(a) 
Authority of Council. Whenever, in the judgment of the Council, it becomes necessary in the interests of economy or because the necessity for the position involved no longer exists, the Council may abolish any position in the competitive service and may lay off, demote, or transfer any employee holding any such position without filing written charges and without the right of appeal.
(b) 
Order of layoff: Reemployment lists. In effecting the reduction of personnel, the order of layoff shall be in the reverse of the order of appointment to each position; provided, however, all provisional employees in the affected class shall be laid off prior to the layoff of any probationary or permanent employee. When a permanent employee is laid off because of lack of seniority in a position, he or she shall be entitled to reemployment in the position from which he or she continues to possess the qualifications. Whether or not the employee exercises the rights set forth in this section, his or her name shall be placed on the reemployment list for the position from which he or she was laid off. The names of probationary and permanent employees who were laid off shall be placed on the reemployment lists for the classes which, in the opinion of the Civil Service Commission, require basically the same qualifications, duties, and responsibilities as the class of position from which the layoff was made. The names of the persons who were laid off shall be placed upon the reemployment lists in the reverse order of lay off and shall remain on such lists for a period of two years unless such persons are reemployed sooner.
(§ 14, Ord. 1456)
The Council may contract with any qualified person or agency for the performance of technical services in connection with the development and administration of any phase of the personnel program.
(§ 17, Ord. 1456)