A.
The City Manager may, for reasons of economy, for
more efficient administration, or for lack of sufficient appropriation
of funds, abolish positions in a department and lay off employees.
The following procedures shall be followed in any such case:
(1)
Temporary employees in the affected job classifications
shall be laid off first.
(2)
Probationary employees in the affected job classifications
shall be laid off next.
(3)
Permanent employees shall be laid off next, in the
order of their seniority in the job classifications affected by the
lay off, the person with the least seniority in the job classification
being laid off first and the person with the greatest seniority in
the job classification being laid off last.
B.
Provided that any permanent employee who is laid off
or occupies an abolished position and who has longer seniority in
his job classification than another employee has in a lesser classification
(paywise) having similar job requirements shall be entitled to the
position in the lesser classification held by such other employee
who has less seniority. In like manner and under the same conditions,
any permanent employee displaced form his position by an employee
having greater seniority in classification may displace any other
employee with lesser seniority in classification.
C.
The Civil Service Board shall determine whether or
not given job descriptions have similar job requirements, and its
decision shall be final.
D.
Provided, further, that any such laid off permanent
employee or employee occupying an abolished position may, with his
consent and with the approval of the Civil Service Board, be placed
in any job classification held by a probationary employee, provided
that such job classification is not entitled to more pay than the
job classification held by the laid off employee. In the case of displacement
of a probationary employee, such probationary employee shall be placed
in any other vacant position having job requirements which the probationary
employee is capable of performing, but if no such vacant position
exists, his employment shall be terminated.
E.
Further, provided that any such laid off permanent
employee or employee occupying an abolished position may, with his
consent and with the approval of the Civil Service Board, be placed
in any vacant and unfilled job classifications, provided that such
job classification is not entitled to more pay than the job classification
held by the laid off employee. Such action may be taken without the
holding of a competitive examination, even though the laid off employee
or employee occupying an abolished position is not immediately capable
of performing the work required for such unfilled job classification.
In such event, such employee shall be on probation for a six-month
period, during which time he shall be trained to perform the work
required in such job classification. At the end of such six-month
probationary period, his department head shall advise the Civil Service
Board whether the employee can then perform the work required for
such job classification. The Civil Service Board shall then determine
whether the employee shall be given permanent status in the new position,
and the decision of the Board shall be final. If the employee is not
given permanent status in the new position, he may still exercise
his seniority rights as herein provided or may be transferred to any
other vacant and unfilled position, in like manner and under the above
stated conditions.
F.
In the event of multiple layoffs or position abolishments
in a department, seniority in classification shall be followed in
allowing the employees involved to exercise the seniority privileges
detailed herein, and the employee shall be allowed 10 days within
which to make his election. Any employee exercising such privileges
shall be credited in his new job classification with the seniority
in classification that such employee had in his old job classification.
In every instance in which an employee loses his job classification
either by layoff or position abolishment, he shall retain his right
to occupy such job classification in case it later should become available,
and he shall also retain his seniority in such job classification
from which he was released either through layoff or position abolishment,
he shall then return to such job classification or forfeit his seniority
therein and his right to return to such job classification.
G.
In the event that any employee is removed from City employment as a result of layoff or position abolishment, his name shall be placed upon the reemployment list and he shall be eligible for future reemployment as provided in Article IV of this chapter. The name of such person shall remain on the reemployment list until such person is reemployed, requests the removal of his name from the list, or refuses appointment to a position in the job classification formerly held by such person.
H.
The Civil Service Board shall interpret and construe
the provisions of this section in all cases in which doubt may arise
concerning the intent and meaning thereof.
A.
The appointing officer shall have the authority to
demote an employee from an exempt position to any position in the
classified service which such employee has formerly held without the
necessity of competitive examination, provided that such position
is open and unfilled at the time of such demotion.
B.
The City Manager, or any appointing authority, may
demote, suspend or dismiss any person in his department for cause,
but no person shall be reduced in pay or position, laid off, suspended
for religious or political reasons or affiliations or because of bias
or prejudice. In all cases of reduction, demotion, layoff, suspension
or dismissal of any employee in the classified service, the appointing
officer shall, within three days of the effective date thereof, furnish
such employee and the Civil Service Board with a copy of the reason
or reasons for such reduction, layoff, suspensions or dismissal by
registered mail, return receipt requested. Such employee shall have
an opportunity to make and to file a written answer in like manner.
Such answer, if any, together with the explanation, if any, shall
be filed with the Civil Service Board within six says from said effective
date. All notices and charges shall be sent by registered mail, return
receipt requested. Nothing herein contained shall limit the power
of an appointing officer to suspend without pay for purposes of discipline,
or the good of the service, any person under his supervision for a
reasonable period of time not to exceed 10 working days or 80 working
hours, and the Board shall not have jurisdiction to review any such
suspension; provided, however, that repeated suspensions within any
thirty-day period shall be subject to review by the Civil Service
Board.
The tenure of everyone holding office, place,
position or employment in the City's service shall be only during
good behavior and efficient service, and any such person may be removed
or discharged, suspended without pay, deprived of vacation privileges
or other special privileges for inefficiency, incompetency, insubordination,
dishonesty, drunkenness, immoral conduct, discourteous treatment of
the public, neglect of duty, violations of the provisions of this
chapter of the rules of the Civil Service Board, or any other act
or omission detrimental to the good of the City service. The Civil
Service Board shall have the power to review all dismissals and all
suspensions imposed for more than 10 working days or 80 working hours.
Any charge preferred by a citizen against any
person under the merit system employed by the City shall be made in
writing and under oath and filed with the City Clerk. All communications
to the Civil Service Board or any member thereof touching their duties
as such shall be made in writing and filed with the City Clerk.
In case of discharge or removal, or suspension
for more than 10 working days or 80 working hours, any officer or
employee in the classified service, feeling himself aggrieved thereby,
shall have a right to file a petition with the Civil Service Board
within six days from the effective date of such discharge, removal
or suspension, asking for reinstatement in the service or other relief
and giving reasons therefor. The Civil Service Board shall grant the
petitioner a hearing, which shall be either private or public at the
option of the petitioner. In the case of dismissal from the City service,
the petitioner shall be considered suspended without pay pending the
period between the making of the charges as a basis for removal and
the decision thereon by the Board.
The Civil Service Board shall conduct such hearing
within 10 days after the petition is filed. At such hearing the burden
shall be upon the appointing officer to justify his action. The hearing
shall be deemed an investigation and not a trial, and the Board shall
not be bound by technical rules of evidence and procedure. It shall,
however, conduct the hearing in an orderly manner, confine the scope
thereof to matters set forth in the reasons for dismissal, and secure
both to the petitioner and the dismissing officer, a full and impartial
hearing in regard thereto. Both parties shall be permitted to be represented
by counsel and to produce witnesses or any other testimony they may
have pertinent to the matter. The petitioner shall be entitled to
first hear the testimony against him and to face his accuser. He and
his witnesses shall then be permitted to be heard in his own defense.
Hearsay evidence, as the term is commonly understood, excepting declarations
against interest, shall not be deemed sufficient proof to warrant
removal, demotion or suspension. A written record of all testimony
taken at such hearing shall be kept and preserved by the Board, which
record shall be sealed and not be available for public inspection,
in event that no appeal shall be taken from the action of the Board.
The Board shall make its decision on an appeal
within five days after the hearing. It shall have the power to pass
upon the discharge or removal, suspension for more than 10 working
days or 80 working hours, or other action from which the appeal has
been taken, and may confirm, modify, or reverse such action. If reinstated
without discipline in the position from which he was removed, the
employee shall be entitled to compensation from the time of his demotion
or discharge until the time his reinstatement was ordered. The dismissing
authority, the petitioner and the Human Resource Director shall be
entitled to a copy of the findings of the Board upon request. In the
event that the Board shall sustain the action of the removing officer,
the person removed shall have an immediate right of appeal to the
Circuit Court, by writ of certiorari. Any such appeal shall be taken
within 30 days from the entry of the Board's order. The Circuit Court
shall hear any such appeal upon the original record taken therein,
and no additional proof shall be permitted to be introduced.
A.
No member of the Civil Service Board or employee of
the City of Royal Oak shall become a candidate for any elective City
office, or shall actively further the candidacy of any person for
any elective City office, or shall otherwise become actively interested
in any political campaign for any elective City office, without first
resigning from his position. This provision shall not be construed
to interfere with the right of a person to sign a petition or cast
his vote as an individual.
B.
No City employee shall directly or indirectly solicit,
receive from or give to any other City employee any money, property
or other thing of value for any political party, political candidate,
or political purpose whatsoever.
C.
Any violation of the provisions of this section by
any City employee shall be cause for dismissal.
