Any full-time employee, who is a sworn peace officer in the Police department, below the rank of Police Captain or equivalent rank, or a fire fighter in the Fire department, below the rank of Fire Battalion Chief or equivalent rank, or a sworn peace officer in the service of the City Marshal’s Office, who has completed the required one-year probationary period is entitled to Civil Service coverage under this Article. Such employee is hereafter referred to as a “Civil Service Employee.”
There is hereby established in the City of North Richland Hills a Civil Service Commission. The Commission shall consist of five (5) members, and alternate members who shall serve in the absence or disability of any member, with all members and alternates to be appointed by the Mayor of the City of North Richland Hills and such appointment shall be confirmed by a majority vote of the City Council of the City of North Richland Hills before such appointments shall be effective. Of these members, Position Two (2) and Position Four (4) shall be appointed from a list or lists of nominees provided to the Mayor of the City of North Richland Hills by the City employee associations. If no list is presented by any association, the Mayor may make the appointment as he deems fit.
The terms of the Commissioners shall be as follows: Position One, one (1) year; Position Two, one (1) year; Position Three, two (2) years; Position Four, two (2) years; and Position Five, three (3) years; or in each case until a successor is appointed, confirmed and qualified.
If a vacancy occurs or if an appointee fails to qualify within ten days after the date of appointment, the Mayor shall appoint an alternate member to serve for the remainder of the unexpired term in the same manner as the original appointment.
A member, or any alternate, appointed to the Commission must:
(1) 
Be of good moral character;
(2) 
Be a resident of the City of North Richland Hills, and resided in said City for at least one (1) year;
(3) 
Be a United States citizen;
(4) 
Be at least twenty-one years of age;
(5) 
Not have held any public office with the City of North Richland Hills within the preceding three (3) years;
(6) 
Not have been a paid employee of the City of North Richland Hills within the preceding three (3) years; and
(7) 
Comply with the attendance requirements established by the City Council for City Boards and Commissions.
Civil Service Commission members may be removed by a majority vote of the City Council for failure to remain qualified under the provisions of Section 3 of this Article.
The Civil Service Commission shall have the following duties and responsibilities:
(1) 
Recommend civil service rules governing the initial employment of Civil Service Employees, the promotional processes, and the disciplinary appeals process for Civil Service Employees to the City Council for approval.
(2) 
Operate within the bounds of the City Charter, the Constitution and the laws of the State of Texas and the Constitution of the United States.
(3) 
The Commission shall have the authority to report on all matters deemed by the Commission to be appropriate to the enforcement of this Article and to determine compliance herewith. Any three (3) Commission members may request that an item be placed on the Commission’s meeting agenda for discussion and action by the Commission.
(4) 
Hear Civil Service Employee appeals of disciplinary terminations, disciplinary suspensions, and disciplinary demotions.
(5) 
Shall not interfere with or provide instructions regarding the operation of any City department or provide any direction to any member of the City Staff outside of the formal responsibilities of the Commission.
The Commission may make inquiries and enforce the provisions of this article, and the Civil Service Rules and Regulations (“Civil Service Rules”) prescribed hereunder. The commission shall have the power to administer oaths, subpoena and require the attendance of witnesses and the producing by them of books, papers, documents, and accounts pertaining to the investigation, and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in the court of original and unlimited jurisdictions to civil suits of the United States; and the oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a magistrate in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this article, and punishable as such. The Commission may adopt rules and regulations to specify the processes and procedures for conducting its investigations or exercising its subpoena power.
The Director of the Human Resources Department (or its named successor) of the City of North Richland Hills shall perform all such work incidental to, and provide all facilities necessary for the conduct of Civil Service business.
The Commission shall recommend to the City Council for adoption by Ordinance, the Rules and Regulations governing the filling of all Civil Service positions, promotions, original appointments, transfers or demotions, including method of examination and eligibility lists. The City Council shall make the final determination on the adoption of such rules.
Upon initial employment, all Civil Service Employees shall serve a probationary period of twelve (12) months. The twelve (12) month probationary period will begin not on the initial date of hire but will instead begin on the first working day following the completion of all basic training required by such department.
The Head of the Department shall have the power to suspend indefinitely any Civil Service Employee under his supervision or jurisdiction for the violation of Civil Service Rules. The Department Head making such order of suspension shall file a written statement within five (5) days with the Commission, giving the reasons for such suspension, and furnish a copy thereof to the Civil Service Employee affected by such act, said copy to be delivered in person to such suspended officer or Civil Service Employee by said Department Head. Said order of suspension shall inform the Civil Service Employee that he or she has ten (10) days after receipt of a copy thereof within which to file a written appeal with the Commission. The Commission shall hold a hearing and render a decision in writing within forty-five (45) days after it received said notice of appeal. Said decision shall state whether or not the suspended Civil Service Employee shall be permanently or temporarily dismissed from the department or be restored to his or her former position or status in the classified service in the department. In the event that such suspended Civil Service Employee is restored to the position or class of service from which he or she was suspended, the Commission may determine if such Civil Service Employee shall receive full compensation at the rate of pay provided for the position or class of service from which he or she was suspended, for the actual time lost as a result of such suspension. All hearings of the Commission in case of such suspension shall be public.
In the event of an appeal by the suspended Civil Service Employee, a written statement shall be filed by the Department Head with the Commission, pointing out the Civil Service rule alleged to have been violated by the suspended Civil Service Employee, and the alleged acts of the Civil Service Employee which the Department Head contends are in violation of the Civil Service Rules. It shall not be sufficient for the Department Head merely to refer to the provisions of the rules alleged to have been violated. No Civil Service Employee shall be suspended or dismissed by the Commission except upon a finding by the Commission of the truth of the specific charges against such Civil Service Employee.
In the event the Commission orders that such suspended Civil Service Employee be restored to his or her position as above provided, the Civil Service Employee shall be reinstated within ten (10) days of the date of the Commission’s order of reinstatement and shall be entitled to full compensation for the actual time lost as a result of the suspension at the rate of pay provided for the position or class of service from which he or she was suspended. The Civil Service Employee shall also be entitled to restoration of, or credit for, any other benefits lost (i.e. sick leave, vacation, etc.) to which he or she would have been entitled to as a result of the suspension.
The Commission may not order a Civil Service Employee to be reinstated if the charges against the Civil Service employee include any criminal charges or violations of any local, federal or state laws (except minor traffic citations), unless such charges have reached final disposition and the Civil Service employee has been found not to have engaged in criminal conduct.
The purpose of the Civil Service law set forth in this Charter is to ensure that Civil Service Employees are capable of performing their duties, remain free from political influence and enjoy permanent tenure of employment as public servants.
The members of the Civil Service Commission are hereby directed to administer the Civil Service law in accordance with this purpose; and when sitting as a Board of Appeals for a suspended or aggrieved Civil Service Employee, they are to conduct such hearing fairly and impartially under the provisions of this law, and are to render a fair and just decision, considering only the evidence presented before them in such hearing.
In order for an employee to appeal to the Commission, it shall only be necessary for him to file within ten (10) days with the Commission a written statement denying the truth of the charge as made, or a written statement taking exception to the legal sufficiency of such charges and asking for a hearing by the Commission. In all hearings, of every kind and character, the employee shall have the right to be represented by counsel, and the witnesses may be placed under the rule. All such hearings shall be public. The Commission shall have the authority to issue subpoenas for the attendance of witnesses.
In the event any Civil Service Employee is dissatisfied with the decision of the Commission, he or she may, within ten (10) days after the rendition of such final decision, file a petition in District Court in Tarrant County asking that his or her order of suspension, dismissal, or demotion be set aside, reversed, or modified. Such cases shall be tried under the Substantial Evidence Rule, or any applicable rules of evidence or procedure which govern the filing of an action in District Court.
The Department Head shall have the right to demote any Civil Service Employee under his or her jurisdiction. Any Civil Service Employee, so demoted, has the right to appeal to the Commission for reversal of such demotion.
The Department Head shall have the power to suspend any Civil Service Employee under his or her jurisdiction or supervision for disciplinary purposes, for reasonable periods, not to exceed fifteen (15) days. The Civil Service Employee shall have the same rights of appeal granted him under Section 16.
In the event that any position in any Department is vacated or abolished by ordinance of the City Council, the employee holding such position shall be demoted to the position next below the rank of the position so vacated or abolished; provided that when any position or positions of equal rank may be abolished or vacated, the employee or employees with the least seniority in the said rank shall be the one or ones who are demoted.
In the event that it thereby becomes necessary to demote an employee or employees to the position next below the rank of the position so vacated or abolished, such employee or employees as are involuntarily demoted without charges having been filed against them for violation of Civil Service rules shall be placed on a position reinstatement list in order of their seniority. If any such position so vacated or abolished is filled or recreated within one (1) year, the position reinstatement list for such position shall be exhausted before any employee not on such list is promoted to such position. Promotions from the position reinstatement list shall be in the order of seniority.
In the event positions in the lower classification are abolished or vacated, and it thereby becomes necessary to dismiss employees from the department, the employee with the least seniority shall be dismissed, but such employees as are involuntarily separated from the department without charges having been filed against them for violation of Civil Service Rules, shall be placed on the reinstatement list in order of their seniority. The reinstatement list shall be exhausted before appointments are made from the eligibility lists. In the event that said employee refuses reinstatement, that employee's name shall be removed from the reinstatement list. Appointments from reinstatement list shall be in order of seniority. Those who shall have been on any such reinstatement list for a period of three (3) years shall be dropped from such list but shall be reinstated upon request from the Commission.
The Commission shall recommend to the City Council all Civil Service Rules and Regulations for adoption by ordinance. Upon adoption by the City Council, a copy of the Civil Service Rules and Regulations shall be made available for all Civil Service Employees. The Director of Human Resources shall keep on hand copies of said Rules and Regulations for review to all requesting same.
Any full-time employee of the City of North Richland Hills who is a sworn peace officer in the Police department below the rank of Police Captain or equivalent rank, any fire fighter in the Fire department below the rank of Fire Battalion Chief or equivalent rank, or a sworn peace officer in the service of the City Marshal’s Office, at the time of passage of this Article is entitled to Civil Service classification, without having to take any competitive examinations for the position currently occupied.
Civil Service Employees shall be allowed a total of sick leave with full pay computed upon a basis of ten (10) working hours allowed for each full month employed in a calendar year, so as to total one hundred (120) working hours to an employee's credit each twelve (12) months.
Civil Service Employees shall be allowed to accumulate one hundred twenty (120) working hours of sick leave with pay in one (1) calendar year.
Sick leave with pay may be accumulated without limit and may be used while a Civil Service Employee is unable to work because of any bona fide illness.
Further, the City Council of the City of North Richland Hills may provide injury leaves of absence with full pay for Civil Service Employees for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council may extend such injury leave, at full or reduced pay.
Those employees having completed one (1) but less than three (3) years of consecutive service with the City shall be entitled to two (2) weeks vacation with pay each year; those employees having completed three (3) but less than eight (8) years of consecutive service with the City shall be entitled to three (3) weeks vacation with pay each year; those employees having completed eight (8) but less than twenty (20) years of consecutive service with the City shall be entitled to four (4) weeks vacation with pay each year; and those employees having completed twenty (20) or more years of consecutive service with the City shall be entitled to five (5) weeks vacation with pay each year.
For the purposes of this Section, a week shall be defined as a normal work week for all employees in each of the designated classifications.
Nothing in this Chapter shall prevent the City Manager from increasing vacation accruals on either a temporary or permanent basis as is deemed appropriate.
It shall be unlawful from and after the passage of this Article for any employee coming under the provisions of this Article to engage in any strike against the City of North Richland Hills.
All disciplinary actions for violations of this Article shall be in accordance with the North Richland Hills Personnel Policy Manual and Civil Service Rules and Regulations.