Sec. 2. Rules and powers of commission.
The civil service commission, with the approval of the city council, shall
make such rules and regulations for the proper conduct of its business as it
shall find necessary and expedient; but all rules made by the commission
may be changed or amended by the city council; provided, that no rules or
regulations shall ever be adopted which will permit the appointment or
employment of persons without good character or unfit and incompetent to
discharge the duties thereof or prevent the removal or discharge of any
appointee or employee for want of fitness, moral character, or competency,
or the failure or refusal to properly discharge the duties of his appointment
or employment.
The civil service commission among other things, shall provide for the
classification of all employees eligible to civil service hereunder upon the
successful completion of their probationary period as applicable. All
employees are eligible to classification under the civil service system created
by this article unless an employee is placed by operation of the general laws
of the state in a different civil service system or unless an employee is
excepted from eligibility to the civil service system by or pursuant to the
provisions of this section.
The following described categories of employees are excepted from
eligibility to civil service classification:
(a) Appointive officials, that is, those employees and officials who are
required or authorized to be appointed by the mayor and whose
appointment is subject to the confirmation of city council including, but not
limited to, all of the department heads of the various city departments;
(b) Assistant city attorneys and all professional non-clerical staff of the
legal department;
(c) Part-time employees, that is, those employees who work less than the
regular work week prescribed for city employees;
(d) Temporary employees, that is, those employees who are retained for
seasonal work, work of fixed duration or other work which does not have a
reasonable expectancy to continue indefinitely;
(e) Emergency employees, that is, those employees who are hired on an
extraordinary basis for the duration of and as a result of an emergency
situation which may result in loss of public property or serious
inconvenience to the public; and
(f) Executive level employees, that is, those employees whose duties
require them to determine and publicly advocate substantive program
policy, to provide legal counsel, or to maintain a direct, confidential
relationship with an appointive official of the City, as that term is used in this
section or with an elected officer of the City. No position may be designated
as an executive level employee position for purposes of this section except
by ordinance adopted by city council. The total number of positions of
employment designated as executive level employee positions for purposes
of this section may not at any time exceed a number equal to two percent of
the total number of all the employees of the City, whether eligible to civil
service classification under this article or not.
The civil service commission shall also make provision for open,
competitive and free examination as to the fitness in regard to classified
services, for an eligibility list from which vacancies shall be filled, for a
probationary period of not less than 12 months which appointees shall serve
before they receive classified status and for promotion on the basis of merit,
experience and record with probationary service of promoted employees
prior to permanent classification in their new positions.
The city council may by ordinance confer upon the commission such further
and additional rights and duties as may be deemed necessary to enforce and
carry out the principles of this article.
Neither the adoption of this section as amended, nor any ordinance adopted
by city council from time to time hereunder, which may designate any
position formerly subject to civil service classification as not thereafter
being eligible thereto shall be construed to divest any incumbent thereof of
any vested right.
Laborers who may on the effective date of this amendment be employed by
the City shall be eligible to receive classified status upon service of the
probationary period for appointees; such probationary period for laborers
shall commence on the effective date of this amendment. (Added by
amendment October 15, 1913; amended August 14, 1982)
The civil service commission, with the approval of the city council, shall
make such rules and regulations for the proper conduct of its business as it
shall find necessary and expedient; but all rules made by the commission
may be changed or amended by the city council; provided, that no rules or
regulations shall ever be adopted which will permit the appointment or
employment of persons without good character or unfit and incompetent to
discharge the duties thereof or prevent the removal or discharge of any
appointee or employee for want of fitness, moral character, or competency,
or the failure or refusal to properly discharge the duties of his appointment
or employment.
The civil service commission among other things, shall provide for the
classification of all employees eligible to civil service hereunder upon the
successful completion of their probationary period as applicable. All
employees are eligible to classification under the civil service system created
by this article unless an employee is placed by operation of the general laws
of the state in a different civil service system or unless an employee is
excepted from eligibility to the civil service system by or pursuant to the
provisions of this section.
The following described categories of employees are excepted from
eligibility to civil service classification:
(a) Appointive officials, that is, those employees and officials who are
required or authorized to be appointed by the mayor and whose
appointment is subject to the confirmation of city council including, but not
limited to, all of the department heads of the various city departments;
(b) Assistant city attorneys and all professional non-clerical staff of the
legal department;
(c) Part-time employees, that is, those employees who work less than the
regular work week prescribed for city employees;
(d) Temporary employees, that is, those employees who are retained for
seasonal work, work of fixed duration or other work which does not have a
reasonable expectancy to continue indefinitely;
(e) Emergency employees, that is, those employees who are hired on an
extraordinary basis for the duration of and as a result of an emergency
situation which may result in loss of public property or serious
inconvenience to the public; and
(f) Executive level employees, that is, those employees whose duties
require them to determine and publicly advocate substantive program
policy, to provide legal counsel, or to maintain a direct, confidential
relationship with an appointive official of the City, as that term is used in this
section or with an elected officer of the City. No position may be designated
as an executive level employee position for purposes of this section except
by ordinance adopted by city council. The total number of positions of
employment designated as executive level employee positions for purposes
of this section may not at any time exceed a number equal to two percent of
the total number of all the employees of the City, whether eligible to civil
service classification under this article or not.
The civil service commission shall also make provision for open,
competitive and free examination as to the fitness in regard to classified
services, for an eligibility list from which vacancies shall be filled, for a
probationary period of not less than 12 months which appointees shall serve
before they receive classified status and for promotion on the basis of merit,
experience and record with probationary service of promoted employees
prior to permanent classification in their new positions.
The city council may by ordinance confer upon the commission such further
and additional rights and duties as may be deemed necessary to enforce and
carry out the principles of this article.
Neither the adoption of this section as amended, nor any ordinance adopted
by city council from time to time hereunder, which may designate any
position formerly subject to civil service classification as not thereafter
being eligible thereto shall be construed to divest any incumbent thereof of
any vested right.
Laborers who may on the effective date of this amendment be employed by
the City shall be eligible to receive classified status upon service of the
probationary period for appointees; such probationary period for laborers
shall commence on the effective date of this amendment. (Added by
amendment October 15, 1913; amended August 14, 1982)
| . |
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