Sections 162 and 197 of the Charter are hereby
implemented as provided in this article.
[Amended 9-26-1994 by Ord. No. 1580]
The following terms, when used in this article,
shall have the following meanings, unless the context clearly requires
otherwise:
DIRECTORS OF DEPARTMENTS
The appointive authorities in charge of departments as now
established in § 44 of the Charter or which hereafter may
be created by the City Commission in accordance with the authority
vested in it by § 46 of the Charter.
POSITION
Any office or place of employment in the City classified
service, such that the duties and responsibilities appertaining thereto
are exercised by one person.
PROBATIONARY PERIOD
A trial working period, as set in the rules, which is made
a part of the selective process, during which the work and conduct
of the employee shall be noted by the department head or his authorized
representative and reported upon to determine whether such employee
merits regular employment.
[Amended 9-7-1982 by Ord. No. 1268; 3-26-1990 by Ord. No.
1488; 6-6-1994 by Ord. No. 1578; 9-9-2002 by Ord. No. 1743]
The City Commission, either by ordinance or
resolution, shall at least on an annual basis approve a list of positions
that are exempt from the provisions of this article. Unless otherwise
provided, the City Manager may designate newly created positions as
exempt on an interim basis from the provisions of this article. The
City Manager or his/her designee shall maintain a complete and current
list of all positions covered by the provisions of this article or
by any future ordinance or resolution exempting any position from
the provisions of this article, and shall annually prepare a proposed
list of positions exempt from the provisions of this article for consideration
by the City Commission.
Under and pursuant to Charter § 162,
a Civil Service Board, consisting of three members appointed by the
City Commission, is hereby reestablished. All members shall be residents
of the City, shall not hold other public office, shall serve without
pay and shall believe in the merit system of City employment.
Those members of the previously constituted
Civil Service Board are hereby reappointed to serve for the remainder
of the term for which last appointed. In February of each odd-numbered
year, a board member shall be appointed or reappointed for a term
of six years and until a successor has been appointed and takes office.
Vacancies in the board shall be filled in the same manner as regular
appointments for the unexpired term. The City Commission may remove
any member as provided by the City Commission's rules.
After a hearing, as provided for in §
2-155, on a timely appeal from a finding and decision of the City Manager rendered in accordance with the provisions of Division 3 of this article, and in accordance with its own findings and decision, the Civil Service Board may direct the reinstatement of the employee as of the date of the suspension, demotion or discharge with no, partial or full compensation, as the board may deem appropriate.
Either party may appeal a decision of the Civil
Service Board to the Kalamazoo County Circuit Court, in the manner
provided by law.
The records of the Civil Service Board shall
be open to inspection and copying to the extent permitted by the Michigan
Freedom of Information Act.
The following definitions of terms shall apply
in this article.
CITY MANAGER
Includes an officer of the City who has had no prior connection
with the pending matter designated in writing by the City Manager
to exercise the powers of the Manager with regard to a specific matter
or appeal.
EMPLOYEE
Includes a person employed by the City who has passed his or her probationary period, is not a member of a collective bargaining unit, and who is not otherwise exempt from the provisions of the City's civil service system pursuant to §
2-139 of the City Code.
INVESTIGATION
An inquiry conducted by an individual or individuals assigned
by the City Manager or the City Manager's designee and the individual
assigned by the City Attorney or the City Attorney's designee to investigate
an appeal of a disciplinary action taken against an employee. The
City Manager and City Attorney may agree to appoint a single individual
to conduct the investigation.
Before any disciplinary or punitive action is
imposed upon an employee covered by this article, the employee shall,
during working hours, be given an opportunity to explain the circumstances
of the incident to the officer or supervisor having the authority
and the power to impose disciplinary or punitive action.