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City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
Code
Zoning Map New Laws (0) Index Notes (8)
[Adopted 9-27-1976 by Ord. No. 1099]
DIVISION 1
Generally
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.
[1]
Editor's Note: Sections 2-140—2-144, relative to the Personnel Department, Director and rules and regulations, were repealed by Ord. No. 1268, adopted 9-7-1982. Said former sections derived from Ord. No. 1099, § 2, (A401.1, A401.2), adopted 9-27-1976.
[1]
Editor's Note: Sections 2-140—2-144, relative to the Personnel Department, Director and rules and regulations, were repealed by Ord. No. 1268, adopted 9-7-1982. Said former sections derived from Ord. No. 1099, § 2, (A401.1, A401.2), adopted 9-27-1976.
[1]
Editor's Note: Sections 2-140—2-144, relative to the Personnel Department, Director and rules and regulations, were repealed by Ord. No. 1268, adopted 9-7-1982. Said former sections derived from Ord. No. 1099, § 2, (A401.1, A401.2), adopted 9-27-1976.
[1]
Editor's Note: Sections 2-140—2-144, relative to the Personnel Department, Director and rules and regulations, were repealed by Ord. No. 1268, adopted 9-7-1982. Said former sections derived from Ord. No. 1099, § 2, (A401.1, A401.2), adopted 9-27-1976.
[1]
Editor's Note: Sections 2-140—2-144, relative to the Personnel Department, Director and rules and regulations, were repealed by Ord. No. 1268, adopted 9-7-1982. Said former sections derived from Ord. No. 1099, § 2, (A401.1, A401.2), adopted 9-27-1976.
DIVISION 2
Civil Service Board
[Amended 3-8-1993 by Ord. No. 1553; 5-1-2006 by Ord. No. 1801]
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.
A. 
The duties of the Civil Service Board shall include:
(1) 
Electing a chairman and such other officers from its own members as it may desire;
(2) 
Adopting rules and make regulations for its own activities; and
(3) 
Hearing and deciding appeals of City employees who are not members of collective bargaining units, and who are not otherwise exempt from the provisions of the City's civil service system pursuant to § 2-139 of the City Code, from findings and decisions of the City Manager made pursuant to § 2-166.
A. 
The Civil Service Board shall have the following powers and authority necessary to perform its functions:
(1) 
To employ a qualified reporter to prepare a record of proceedings for the hearing of those appeals or complaints deemed by the board to be serious enough to warrant such expenditure. The City Manager shall furnish the necessary funds.
(2) 
To direct that the City Manager make available, during normal duty hours, such City employees as the board may deem necessary to testify as witnesses with regard to an appeal.
(3) 
To request the attendance of non-City employees to testify with regard to any appeal. The record of the hearing shall include a copy of any requests to appear which were unheeded by the addressee.
(4) 
To report its findings and recommendations to the City Manager.
A. 
An appeal from the finding and/or a decision of the City Manager shall be made in writing, addressed to the Civil Service Board in care of the office of the City Clerk, within 10 business days of the receipt of the finding and decision of the City Manager.
B. 
Upon receipt of an appeal, either for a review of the record or for an evidentiary-type hearing, if requested by the employee and granted by the board, the board shall set a date and notify the City Manager, the employee, the City Attorney and the City Clerk of the time and place and whether to bring witnesses. The employee shall be advised of the continued right of private counsel at his or her discretion and personal expense. Notice shall be sent to the employee's attorney if the attorney has filed an appearance with the City Clerk, with a copy to the City Attorney.
C. 
Following a hearing, the Civil Service Board shall render a written findings of fact and its decision. The original shall be filed in the office of the City Clerk, with a copy forwarded to the City Manager, the City Attorney, and the employee.
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.[1]
[1]
Editor's Note: See MCLA § 15.231 et seq.
DIVISION 3
Disciplinary Procedures
[Amended 5-1-2006 by Ord. No. 1801]
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.
HUMAN RESOURCES DEPARTMENT
That department or division responsible for human resources and personnel for the City.
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.
A. 
Unless the employee is covered by a collective bargaining agreement, which provides an appeals procedure, or unless the employee is not otherwise exempt from the provisions of the City's civil service system pursuant to § 2-139 of the City Code, the employee may, within five business days, file a written appeal of any discipline imposed, provided that such discipline results in an unpaid suspension, demotion, or other loss of benefits. All appeals shall be filed with the City Manager, with a copy delivered to the Human Resources Department. All written appeals should identify those witnesses the employee believes can provide relevant information.
B. 
Upon receipt of such an appeal, the City Manager shall, within five business days, advise the employee in writing that the employee will meet with the individual(s) conducting the investigation within two weeks of receipt of the written notice of appeal. The appeal letter should identify all witnesses that the employee wants to be interviewed during the investigation.
C. 
The employee may bring legal counsel at his or her desire and personal expense to this meeting. The City Manager and City Attorney shall, within five business days of the date an appeal is received, consult and appoint the individual(s) who shall conduct the investigation.
D. 
The investigative team conducting the investigation shall interview the employee, any witnesses identified by the employee, any witnesses that it feels might have relevant information, and review any documentary records presented by the employee, and shall also have the right to interview other City employees and review City records. The investigative team may also reinterview any witnesses, including the employee.
E. 
The investigative team shall prepare a report of its findings and recommended decision, and forward it to the City Manager. The City Manager may either accept the report or ask that certain matters be reconsidered or reinvestigated. The investigation of the complaint shall be completed when the City Manager signs the final report prepared by the investigative team.
F. 
This report shall be placed in the employee's personnel file with additional copies sent to the employee, his or her attorney as applicable, and to his or her department head. Included in the report shall be instructions as to the right of appeal to the Civil Service Board pursuant to § 2-155 regarding the finding and decision.