HomeMy WebLinkAbout02475 ORD - 02/15/1949AN ORDIUM ADOPTING AHD AppRovIDG
CIVIL SER7I03 RILE$ Am REGULATIONS
G07.NBAING PIMM AM) PCLIMM Mis
PLOYED MY TEE OPTY OF OaTus OHRIsTI;
PROVIDING BOB. A VI S AM POLIOE-
rZWS CIVIL SERVICE COMMISSION; PM).
SCRIBING DUTIES AND BOHOTIOHS OF SAID
OOMMISSICN; MULIHG ALL OBDINANOES
M PADS CP OBDIAAAOES IN OcmiCT
KITH; OONTAIRMG A SAVMG CT,AUSE
ADD DECLARING AT F OMMOY.
WEMM, at an election held oR Ja=arg 3. 1946, in
the city of corpus Ohristi, a majority of those voting voted
to adopt Piremant a and Pollcomenta Civil Service in eacordance
with Article 1269m of Vernonva Annotated statutes of Taxes,
and,
WHEBW. on Bebrvary 5. 1949, the Piremenls and Po-
licemen's Civil Service Commission met and unanimously adopted
certain rules and regulations for Firemen and policemen in
C=Plieace with Seetioa 5 of Article 1269m end recommended
Council approval and passage of awe:
NCN, THEMORE. 80 IT CHDAIAED BY ME CITY OOUNOIL of
TEE CITY OF OPUS CERISTIi OWt
Section I. That in accordance with the reeomm®dation
of the Piremen.s and Policementa Civil Service Comniseicn the
following rules and regulations are hereby approved and adopted
and shell be Imoan as FWW1S AHD POLICEW6 CIVIL MMCE
BOLES AHD REGULATIONS Cp To CITY Cp CoRBUS CHRISTI:
RDLE$ AND REGULATION'S
FIREOF S AND POLIGHMEN, S CIVIL sEMOB
Article One
creation of Piremente and Policements Civil service
Section 1. By virtue of City Ordinance $2207, which became
effective January 6, 1949. there is established in the city
of Oorpus Christi, Texas, a Piremenls and policemen's Civil
Service.
-Z-¢T5
Section 2. By the tam "Fireman" is meant any member of the
Corpas Christi Fire Divielon. By the term. Upolicemenm is
meant amy member of the Oorpms Christi Police Division. By
the term "Commissions as used herein is meant the Firemen's
and Policemen'a Civil Service commission. The team "Director -
means Director of Pirementa and Policemen's Civil Service.
Section 3. There is hereby established in the City of Corpne
Christi, Tame, a Firemunls and Policemen's Civil Service
Commission which sbalI consist of three (3) members to be
selected as follows: Members of the Commission shall be
appointed by the City Manager of the City and each appoint-
ment shall be confirmed by the City Council before any appoint -
meat shell be effective. It to further provided that the Muni-
elpal Civil Service Board, Laving been duly appointed and qua-
lified, shall serve as the Firemen's and Policemen's Civil Ser-
vice Commission to administer civil service pertaining to these
employees in accordance with the provisions of 4ermonvs 9n2o-
fated Statates of Texas, Article 1269m. It is provided further
that henceforth the members of said.Board shall be appointed
in accordance with this law.
Section 4. Aumially in the month of January, the Commission
shall elect a Obaiman and vice- Chaiman. Two (2) members of
said Commission shall constitute a quorum to transact business.
Article Tso
Powers of Commission
The 0omm1 sales shall idke each ralee and regulations as it
shall find necessary amd expedient for the proper conduct
of its business. These rules shall govern appointments and
employment, removals, suspensions, promotions, demotions,
redaction of fame, reinstatement, sick leaves, injury leaves,
sad whatever else the 00- 1esion deems necessary not incoo-
Sistent or in conflict with the provisions of Vernon's Affix
tated Statutes of Teals, Article 1269m.
Article Three
Director of Civil Service
It is provided that the duly and 1eg111y constituted Secre.
terry end Chief Xzmniner of the Municipal Civil service Board
sbe11 be the Director of the Firemen'. and Policemen'. Civil
Service, and stall administer civil service pertaining to
Firemen and Policemen in accordance with Article 1269m, per -
aosle Annotated Statutes of Texas sad be governed by the ordi-
nances of the City of Corpus Christi, Taxers, and the roles
formulated by the Firemen's and Policemen's Civil Service com-
mission.
Article Four
classification of Fireman and Policaeaa
Section 1. The 000nission sball provide for the classification
of all HYreaen and Policemen; each classification to be con-
firmed by ordinance of the city council. Said City 0ouacil
shall prescribe by ordinance the member of positions of each
classification.
Section 2. Firemen and Policemen shall be classified as above
provided, and all shall be older civil Service protection except
the Fire Chief, or head of the Fire Division, and Police Chief,
or head of the Police Divisisn.
Section 3. Said Chief -, or Division Heads shall be appointed
ere required by Seotioa S. Article 1269. by the City Manager.
Article Five
Application For R— ination
Section 1. Filing Applica.tionsr Any person shall be admit-
ted to examination for the position of Fireman or Policemen
who bas filed an application for each position within the
period prescribed is the —tine thereof, and npon the fpm,
or blank furnished by the Commission, and whose application
has not been barred by the Commission for cease under the pro-
visions of these rates; provided, that any applicant whose
presence in the public service in the opinion of the commission
would likely create friction among the employees thereof, and
thereby impair such service,. shall be excluded therefrom. De-
fective applications may be amended, but all applications and
certificates shall be retained by the Commission. Applicants
will be regcired to Comply with the lave and ordinances in any
way affecting employment in the positions for which they apply.
Any cards or notices filed for future examinations may be can -
celled after one (1) year.
Section 2. Finger Printor Each applicant shall be fingerprint -
ed by the Police Division immediately on filing of —tic. of
their intention to file application for a position as Firemen
or Policemen, which fingerprints shall be ehesked by the Iden-
tification Bureau to ascertain any criminal record of such per-
son.
Section j. Residence: No one may be admitted to examination
who has not been an actual resident of Sauces County, and
preferably the city of Corpus Ohristi, for at least one (1)
year immediately preceding date of examination; provided, how-
ever, that where the Commission dens it to be in the best in-
terest of the Fire Division or Police Division, this role may
'be waived by an order entered in its miactes,
Section 4. Obaracter and Fitness of ipplicantsi Every W11
cast mast furnish satisfactory proof of good character. temp
perate habits, freedom from communicable diseases, and phyai»
Cal. ability to perforc the duties of the position for which he
seeks appointment. Shau7.d the ceamisalos subsequently aeeer-
tai. the feat tbat the applicant doe. not posse...11. or any.
of said qualifications, it may eaolude the applicant from ez-
aniaation or move him from any eligible roster.
Seotim 5. False Statesenta, Fraudulent conduct or false
statements by an applicant, or by others with his connivance.
in any application or am urination, shall be deemed cause for
the exclusion of such applicant from any °'°'1 tion, or for
removal of his name from the eligible meter, or for discbarge
from the service after certification; provided, that the was
of no person shall be removed from an eligible mater, nor
aha11 any person be dismissed from the service under this
section without first having an opportunity to be heard in
bra own bebalf.
section 6. ,unjeoted Lists The G— d..ion -ball regularly re-
ceive from the Director before examinations are conducted, a
list of the applicants rejected, together with the reasons
therefor.
Section 7. The Oosmmi.sslon will not accept for esaffinaticn as
a Fireman or Pollomen the application of any person discharged
from the classified Service of the city of corpus ahristi ua-
til one fall year has elapsed from the date of discharge, and
then only after the Oomdosion has approved said application,
and the reasons therefor shall be recorded in the minutes of
the meeting.
Section S. In addition to, the information required on the
approved forms of application, each applicant sball Submit to
each physical smminations and tests as are outlined elsewhere
In these rules and as arc deemed neceesary by the Oonsission
to determine the phyei.eal fitness of applicants for the poem
tion applied for.
Section 9. Hefereaoe reports shell be required of not lee,
than three (j) reputable citicene, preferably living in or
near 0orpne Ohristi, each stating that he individually has
been personally acgoaluted with the applicant for at least
one (1) year, believes him to be of good moral character, of
tanpemte and industrious habits, and in all respects fit
for the service he desires to enter.
Section 10. No person Shall be admitted to examination who
has ever been convicted of a fel01W or a misdeneaaor invol-
ving moral turpitude.
Section 11. No recommendation or question under the authority
of these roles shall relate to the religions or political
epiniona or affiliations of any person whatsoever; neither
e1a7.1 such Opinions be considered by the Oomaissiou in its
examinations.
Section 12. Time Commission way refuse to examine applicants,
or after examination may refuse to certify ae eligible, or
after certification may remove applicant's name from the
eligible roster, and the reason sbali be endorsed on the app-
lication of any who are found to lack any of the eetabliehed
prolimiaary requirements for which they apply; or who are pby-
siaal y unfit for the perfoamance of the duties of the position
to which they Beek appointment; or who are addicted to the
excessive use of intoxicating beverages, or to the use of
narcotics, or who have been found gailty of am7 felony or of
a misdemeanor involving moral tunitade, or wha have been
dismissed from the public service for inefficiency, insnb.
ordination, delinquency or misconduct, or who have Sntsn�
tionally made a false statement of any material fact, or
have practiced or attempted to practice any deception or fraud
in their applications, examinations, or in securing their
eligibility or appointment; or whoa. ebaracter is, in the
opinion of the Commission, uasatiafaatory. Any of the fore-
going disqualifications shall be good cause for striking the
employee's name from the eligible rooter and voiding his
appointment during or after the probation period, and the
Fire Chief and Police Chief shall immediately discharge any
such employee in his respective Division-for any such aenss,
Article s1s
Patrance 8amina.tions
Section 1. Dntrasce into the Pyre and Police Division shall
by
be /open, competitive and free exuAnatiom for persons making
proper application and meeting the requirements as herein pre-
scribed. vacancies in the Fire Division and Police Division
shall be filled from the eligible rosters resulting from such
examinations.
Section 2. Said examinations shall, in addition to questions
of general knowledge, provide for a thorough inquiry into the
applicaatts knowledge of, and qualifications for, work in the
Fire or the Police Division as the case may be.
Section 3. The examimtions shall coaai.t of three (3) sec►
tious as followa: (1) written teat, (2) Physical Fitness
(strength and endmranoe) and Medical Teat and (3) Personal
ruterview. Failure of an applicant to attain a passing grade
Of 70% on any section of the am aination shall disqualify him.
Section 4. The actual conduct of every written test shall be
under the direction of the 00mmission acting through the
Director or his designated assistants, free from the presence,
participation or influence of any person other than the Direct-
or or his assistants.
Section 5. A medical en.mi.mstlsn shall be conducted by the
Medical M —trier designated by the Qomamissicn and shall be it
complete and thorough eramiration as to general health and
freedom of cammiaicable diseases. We e�ination shall in-
elude testa for venereal diseases, lung Trays for tabor -
colosis and tests for heart ailments. Before being placed an
an eligible roster an applicant most be certified by the Ved-
ical Examiner. upon the form or blank prescribed by the Go
mission, as being eligible for employment without restriction.
Section 6. The pbyaical fitness teat shall be conducted by,
or under the direction of, the Director of the Municipal
Recreation Department or other qualified person. A minnjm
score of 25 shall be considered as 70 %, or a passing score
on this test.
Section 7. !Die personal interview shall be conducted by an
Interviewing Board, consisting of the followings one (1)
member of the Commission, the Director, and the Ohief of the
Division for which the e_y +n..tion is being conducted. Thin
Interview nball be conducted in such a way that it is possible
to determine the applicant's qualifications for fire fighting
and work in the Fire Division, or for police service or work
is the Pollee Division. The factors to be considered shall
be established by the Candssion, and an average of 70% on
this interview shall be the minimum requirement. At any time,
when it to impossible to secure the services of a Otmmdesion
member for said interview. any Attorney of the Legal Department
may serve as an alternate.
Section S. The 4ammissioa shall have the power, whenever in
Its judgment the beet interests of the Biro or Police Division;
require, it, to order a re- esnmiz Lion of applicants, and shall
have the puffer to correct, amend, or revoke any eligible meter
or paper or record where it appears that an error has been
made or as injustice done, or Why any person, whose mums
appears upon the eligible roster bas for any reason become
ineligible for appointment in the public service to strike such
name from said roster. The reason for such action shall be
recorded in full in the minutes of the ammieeion.
Section 9. No additional applicant shall be admitted to any
examination after any candidate taking part in that emmiaation
hue withdrawn or left the place of aseminatlon without consent
of the examiner.
Section 10. An applicaat-who has served in the armed services
of the United States and Who received an honorable discharge
;ball receive five (5) Pointe in addition to his competitive
grade on the written test and personal interview, Applicants
requesting such aveteraas preferenndw shall famish each proof
of eligibility as may be required by the oemmission.
Article Seven
Additroael Requirements
Section 1. All applicants for the position of Fireman shall
be not lose than toenty - one (21) nor more than thirWive
years of age at the date of his initial application for exam-
ination.
Section 2. All applicants for the position of Policemen shall
be not lase than twenty-one (21) nor more than thirty-five (35)
years of age at the data of his initial application for exam-
ination.
section 3. Applicants for the positions of Fireman and polio"
wan stall be not lees than five feet, eight inches (51g") in
height and their w4911t stall eosform to their hsight according
to the fdgurse sheen in the following tables
MUMT
MOST
MIH.
W.
5t6o
141
160
�
501®
150
a
6ltn
i�
6, in
166
225
68 2a
172
230
6`39
177
240
6'
163
245
Section b. All applicants shall be citizens of the United States.
Section 5. Ali applicants stall have a valid Texas Drivers
Eiaedee.
section 6. Polieexo®ans Ail applicants for the positions of
Policawoman shall most all the requirements as set out for
applicants for Polteeman with the saception of the height and
weight requirements.
Article might
Notice of 31- urination
Ten (10) days in advance of any entrance examination, or
examination for promotion, the Commission shall cause to be
posted on a ballatin board located in the main lobby of the
City Nall, and the office of the Comsission, and in plain
view, a notice of each examination, end said notice shall shoe
the position to be filled or for which examination is to be
held. with date, time and place thereof, and la none of ohm-
ination for promotion, copies of such notice al-11 be furnished
in gaantities sufficient for posting in the various stations
or subdepartments in which position is to be filled.
Article Nine
List of Eligibles
section 1. A Roster of Eligibles shall be prepared from time
to time, as the needs of the service may require, for vacancies
in the Piro and Po11oe Divisions from applicants who have been
found duly qualified as hereinbefore prescribed and in order
of the respective aggregate markings- It is provided, however,
that when two or more eligibles eball have the soma average
scores, priority of filing applications sball detemine their
respective standing an the Eligible Roster.
section 2. The term of sn Eligible Roster is fixed at one (1)
year.
Article Tan
Method of Pilling Positions
section 1. Rhea a vacancy occars in the lire Division or Police
Division, the Fire Chief or the Police Chief shell request in
writing from the Commission, up= the forme prescribed by the
commission, the names of suitable persons from the eligible
list, and the Director aball certify to the City Maneger,acting
through the chief of the Divieicn involved. the m ss of three
(3) persona having the bighest grades on the eligible rostert
and the said 01ty Manager, through, the reoommendations of the
Division, shall make an appointment from said three (3) names.
The appointment shall be of the person with the highest grade,
unless there is a valid reason why such appointment should be
given to the one making the second or third highest grade.
section 2. Whenever each appointor ®k is made of one not holding
the highest grade, such reasons shall be reduced to writing and
filed With the 000ieeion and there shall be set forth, plainly
and clearly. good and sufficient reasons wby said appointment
was not made of the pgreon holding the highest grade.
In the went the person holding the highest grade is not certi-
fied for the appointment, he shall be furnished with a copy of
the reasons therefor as filed with the Oommiseion, and in the
event the one Laving the third highest grade is appointed, a
copY of each rencone -hall also be furnished to the one bolding
the awead highs -t glade. This section sba11 be limited by
the other provisions of these rules relating to promotion.
Section 3. No name shall be certified more than three (j)
times accept on written request of the chief of the Division.
section 4. No person whose name is upon an Bligible Boater
mevv waive his right to Certification or eppciatment withcct
being stricken from the Roster of Eligibles, except for temp+
orafy inabilitY, phYslcal or other causes beyond his control,
to accept the position offered, the proof of which -hall be
acceptable to the commission. the 00nonission shall enter upon
Its minates the reasons for its action in each case, and the
waiver Wx11 net connate in effect for a longer period than
ninety days without Special action of the Oommi.seion.
Article Eleven
Certification of Employees
Section 1. Whenever a person is certified and appointed in
the Plre Division or Police Division, the Director shell for-
ward a record of the person so certified and appointed to the
Eyre Chief or Head of the Fire Division, or Police Chief or
Road of the Police Division, forward a similar copy to the
city Manager, and retain a copy in the civil service files.
The record shall short The date notice of exmmination wan
posted, date on which person certified took examination to be
placed on eligible roster, name of person or persons conducting
examination, relative position of person on eligible roster,
date when parson certified took physical examination, name of
pWeician making the examination with leormm,tiou as to whether
or not applicant was accepted or rejected, date on which rMest
for filling vacancy was made, data on which applicant was noti-
fied to report for duty and date on which his pay is to start.
If the Director shall willfully fail to comply with any prow
slows of this section, it shall be the duty of the Commission to
forthwith remove him from office; however, mob failure shall
in no way impair the Civil Service standing of any employee.
Section 2. When an eligible person certified for appointment
shall fail to notify the Director or Division Chief involved
that he will accept an offer of appointment, made by mail or
otherwise, within four days following the date of notice of
appointment, he shall be deemed to have declined the appoint.
ment and his name shell be stricken from the Eligible Boater.
If, however, it shall be made to appear to the satisfaction
Of the Commission, within thirty days after giving such notice,
that the person was unavoidably, and without fault on his part,
Prevented fry accepting appointment. the same may be restored
to its proper position on the Eligible Roster.
Article Twelve
Probation
Appointment as a Fireman or Policeman shall not be deemed com-
plete until a period of six (6) months eball have elapsed.
Ewing sash probation period, probation reports on said Firemen
or Policeman shall be submitted to the Commission, on the forms
prescribed by the Commission, at the end of each two (2) months.
When Piremen or Policeman have served.the fall probationary
period, thq shall automatically become full- fledged Civil Ser-
vice employees, eball have full Civil Service protection, the
regularity of their appointment,a shall be presumed, and is
nay Civil Service hearing involving the removal or suspension of
Bath tmplcyeee, the Bole inquiries shall be as to the tenth or
falsity of the specific charges, and as to what punishment, if '
emy, should be adminietered. The thief of the Fire Division
and the Chief of the Police Division shall have full_righte
of disebarge for cause daring the six (6) months of probation.
Article Thirteen
Promotions
Section 1. Promotions in the Byre and Police Division eba.0
be based upon written competitive examination, records of
efficiency and other each factors as the tcmatesion deems
necessary. Definite weights shall be assigned each factors
to count toward the aggregate score; provided, however, that
a 'A'I— msrking of 70% eball be required on the written
g tion before any other factors are considered.
Section 2. Said examinations shall relate to the knowledge
and gasification of the applicant as to fire fighting sad
to wo3k in the Fire Division, and ae to police service and
work in the Police Division.
station 3. So person dh,11 be eligible to take on exemi.aatioa
for promotion Unless he has served in such Division for at
least two (2) years immediately proceeding the date of ench
Promotional examination, in the neat lower rank to that for
which each examination is to be held.
Section 4. On all promotional examinations fifteen percent
(15%) shall be allowed for efficiency and five percent (5%).
or 113 point for asap complete yeas of service thmngh fif.
teen (15), for seniority toward the aggregate score. weights
to be assigned to other factors, if any, shall be written
into the minutes of the o®vdselec. In figuring efficiency,
an average of the last four.(4) ratings shall be converted
to fifteen percent (15%).
Section 5. &Ligible Rosters gbali be prepared as a result of
Mob. eraminatione, with the names being listed in the order of
the aggregate scores, from which promotions to higher ranke
Shall be made to fill vacancies as they cur. Mee eBslee of
Tbred as eat Perth in Article Tea (10) of these ral— Shall
govern promotional as well as original epp.intmmto.
Section 6. Before a firemen or Policeman receives a promotion
to a higher rang he shall be required to page a medical e2sm-
ination as a basis for determining his fitness for such higher
rank. If he fails to satisfactorily pass this examination,
he eball become disqualified except for limited serdoe,
Section T. The appointment of the chief or the Head of the
Piro Division, or the chief or Head of the pollee Division
sh-11 be made in aocoldasce with Section 14, Article 1269m,
7eraonne Annotated Statutes of Te=s.
Article Fourteen
Indefinite Saspensions or Discharges
Section 1. The Chief or Head of the fire Division or Police
Division of the Oity of Oorpns Christi shall . have the paver
to suspend iffiefinitely, or disebarge, amy officer or employ"
under his supervision or jurisdiction for the violation of
01vi1 Service Rales, but in every anoh case the officer making
such order of suspension shall, within forty -eight (4S) hours
thereafter, flle a written statement with the Commission, giv-
ing the reasons for each suspension or disebarge, and immedi-
ately furnish a copy thereof to the officer or employee affect-
ed by each sot, said copy to be delivered in person to such
suspended officer or employee by the said Division Head. Said
order of suspension, or dlodbarge -, shall inform the employee
that he ban ten (10) days after receipt Of a copy thereof within
which to appeal to the Commieelon. Any officer or employee in
the Sire Division or Police Division so soepeaded, or 81scStirged,
shall have the right to appeal, and the Oomnission sball,with-
in ten (10) daps, hold an inquiry, and within tan (10) days
thereafter shall render a decision stating whether or sot the
suspended, or dieobarged, employes shall be pemmnently or
temporarily dismissed from the Piro or Police Division or be
restored to his former position or status in the classified
service in the Division. In the event that snob suspended,
or dloobarged, employee Is restored to the position or close
Of service from which he was suspemied, or discharged, such
employee shall receive fall compensation at the rate of pay
provided for the position or class of service from which he
was suspended, or discharged, for the actual time lost as a
resalt of such suspension, or discharge, 911 hearings of the
Commission under this section shall be public.
Section Z. The written statement above provided to be filed
by the Division Head with the Oandesion, shall not only point
out the Olvil Service sales, alleged to have been violated by
the suspended, or discharged, employee, but shall contain the
alleged acts of the employee which the Division Head contends
are in violation of Civil Service rules. It shall not be
sufficient for the Division Head merely to refer to the provi-
$lone of the role& alleged to have been violated, and in case
the Division Head does not specifically point out the act, or
acts, complained of on the part of each employee, it shall be
the duty of the Commission promptly to reinstate him. In any
01vil Service hearing hereunder, the Division Head is hereby
restricted to his original written statement and charges, which
shall not be amended, and no act, or acts. may be complained
of by cold Division Head which did not happen or eoecr within
six (6) months immediately preceding the date of suspension or
discharge.
The 00®lesien shell not sustain an Indefinite suspension,
or discharge, Of an employee except for violation of the
Oivil Service rulso upon a finding by the 0ammieelon of the
truth of the epeoifio charges against the employee.
Section 3. (a) In the event the Oomm9seion orders that such
suspended employee be restored to his position as above pro•
vided it shall he the duty of the Division Heed to immediately
reinstate him as ordered, end in the event the Division Head
feils to do so the employee shall be entitled to his salary
just as though he had been regalarly reinstated. (b) In
event such Division Head willfully refuses to obey the orders
of reinstatement of the 0cmmisslan, and mach refusal permists
for a period of ten (10) days, it sbedl be the duty of the
City tanager to discharge such Division Head from hie employ -
mant with the City in accordance with paragraph 4, Section 16,
Article 1269m, Vernon's Annotated. Statutes of 'Texas.
Section b. The Commission miy punish for contempt any xv+
ision Head who willfully refuses to obey say loslel order of
reinstatement of the Commission, and such Commission shall
have the same authority herein to punish for Contempt as
has a Justice of the Peace.
Section 5. The fallowing are declared to be cause for dis-
charge or suspension from the Fire or Police Division, vin.,
that a Fireman or Policemen
(a) ]ins been convicted of a felony or other crime involving
moral turpitude; or
(b) Bas been silty of an immoral or criminal act, however,
If anoh set ie, at the time the die-bag- is before the ooc•
mission for hearing, involved in a criminal proceeding before
the 07and Tory or the Courts, the Officer or employee so sae -
pended, or discharged, may request that the hearing on his
appeal be postponed or continued until Such time as the crim-
inal proceedings are terminated and such request shall be
Mated; end provided that the employee .ball bave the hear-
ing or inquiry proceed before the on—I .Sion at any time on
ten (10) days notice in writing; or
(e) Has willfully, wantonly, or through culpable negligence
been guilty of brutality or cruelty to an mate or prisoner
of a City Institution or to a person in custody; provided,
the act aommitted was not necessarily or lawfully done in
self defense, or to protect the lives of others, or to pre-
vent the escape of a person lawfully in custody; or
(d) Na. willfully violated any of the provision. of the
civil Service law or of the rules of the oommieaion; or
(a) Hue violated aqy Of the rules and regulations of the
Fire or Police Division, or Any Special Orders; or
(f) Sae been guilty of drjn"m intoxicants while on duty,
or of intOXidation while on or off duty; or
(g) Zia been guilty of acts which amount to an act, or acts,
of insubordination, whether such acts were committed whiles on
or off duty; or
(h) Has violated any lawful and reasonable regulation or
order, or failed to obey any lawful or reasonable direction
made and given by his superior officer, where such violation
or failure to obey amounts to an act of insubordination or
a serious breach of proper discipline, or resulted, or reasona-
bly might be expected to result, in lose or injury to the City
of carpus Christi, or to the public, or to the prisoners or
wards of the city of Corpse Christi; or
(i) Sao been gailty of an act, or acts, shaving a lack of
good moral character, or
r (f) Hue been guilty of acts of discourtesy to the public, or
to fellow employees, while in line of duty; or
(k) Bad been wantonly offensive in his conduct or language
towards the public, or towards City Officials or employees; or
has been profane or vulgar toward any tersons in acy public
Place; or
(1) Has been gailty of violations of the provisions of the
Charter of the Oity of Corpus Christi; or
(m) That he le 7nceew tant or inefficient ffi the Perfarmanoe
of the duties of his position; or
(1) That he is so incompetent, or inefficient, in the per-
formance of the duties of his position that his final effi-
cloney average, . kept in accordance with the rules of the Qom -
mission, is lose than 65$, per cent, and the facts on which
marks contributing to such average are found by the Commission
from the evidence upon the investigation of hearing of such
charges to be substantially time and, to justify such average;
Or
(o) Has been guilty of neglect of duty; or
(p) Has been guilty of condnot prejudicial to good order, or
(q) Has failed or neglected to pay,. or make reasonable pro-
visions for the future payment, of his just debts; or
(r) Hue been absent from duty without leave, or has failed
to report after leave of absence has expired or after leave
of absence has been revoked or cancelled by the Division Head;
provided, however, tbat if such absence ar failure to report
is excusable the Division Head or the Commission may cancel
each discharge; or
(s) Has been guilty of shirking his duty; or
(t) Hae been guilty of cowardice while on duty; or
(u) Has been gouty of taking an active part in the polar
tical cempaiga of another for has elective position of the City
In violation of Section 22, Article 1269m, vernsmIs Annotated
Statutes of Texas and of these rules.
(v) Has taken an active part in municipal, prae inct, County
or State politics Sa violation of Section 10. Article 5-a of
the City Charter, However nothing in this paragraph, or the
preceding paragraph, stall be construed as limiting an employ
W a right to vote and express bis private opinion=
(w) Has willfully or corruptly, by himself or in cooperation
with any other person, or persons, defeated, deceived, or
obstructed any person in respect to his right of examination{
or has willfully or corruptly furnished to any person eo ex-
mined any special or secret information for the purpose of
either improving or injuring the prospects or chances of
persons so examined, or to be examined, being examined, am-
'Ploy-d. or promoted.
(x) she been gail=y of engaging in a strike or agitation
of a strike against the Oity or any Department or Division
thereof.
(y) sae contracted some infections disease or physical, ail-
ment or defect which ireapacitatea him for the proper perforar
race of the duties of his position.
Article Fifteen
Procedure Before Ocamission
Section 1. In order for a Rromnn or Policeman to appeal to
the 0omcdesion, it eball only be necessary for him to file
with the O— ASeiOn within tan (10) days a statement denying
the trath of the charge as made, or a statement taking except-
ion to the legal enfficiency of ouch charges and asking for
a hearing by the 0ommission.
Section 2. !Upon the filing of such an appeal, the Commission
shall thereupon set a date for hearing such appeal within ten
(10) days of acid filing. shall notify such employee in writing
of the time and place of such hearing, and shall, within tan
(10) days after such iagaiiy, render a decision.
section j. Ia all hearings, of every kind and cbaracter, the
employee shall have the right to be represented by counsel,
the witnesses may be placed under the role. All such hearings
shall be pablio. The Commission dta].l have the authority to
iseie subpoenas for the, attendance of witnesses and the pre-
duction thereby of books and papers partineat to the iavae-
tigation and to administer oaths to such witnesses.
Section 4. In the event any Pire an or Policeman is dig-
satisfied with the decision of the Oomidesion, he may, with.
in tan. (10) days after the rendition of sash final decision,
file a petition in the District C=rt, aaklAg that his order
of suspension or dismissal be set aside, that he be rein-
stated in the Pire Division or Police Division, and each case
shall be tried de novo.
Article Sixteen
Demotions
Section 1. Whenever the Piro or Police Ohief may desire the
demotion to a loser rank of an officer er employee under his
sapervlslon or jurisdiction, each Division Head may recommend
In writing to the 0— doeion that each employee be so demoted,
giving his reasons therefore, and regneeting that the Commission
make such order of danotion,foraishing a time Copy of each
reccffiedation immediately, in person, to the employee to be
affected by sooh demotion.
Section 2. Said Ooemiission shall have the authority to refuse
to giant said request for demotion. If, however, the 0ommieeiou
feels that probable cause exists for said demotion,they shall
give mach employee ten (10) days advanee written notice to
appear before them at a time and place specified in said notice,
and said employee al-11 have the right to a fall and complete
public hearing upon such proposed demotion. The Ocandesioa
shall not demote any employee without such hearing.
Article Seventeen
Disciplina29 Suspensions
Section 1. Ike fire or Police Chief shall have the power
to suapend without pay any officer or employee under his
supervision or Jurisdiction for disciplinary purposes. for
reasonable.peniod"Ot to exceed fifteen (15) days, pro-
vided, that in every such case, the Division Head shall file
with the Oammiesion within forty -eight (118) hours, a written
statement of action. and the commission shall have the entb-
orrty to investigate and to determine whether just cause
exists therefor.
Head
Section Z. In the event the Division/falls to file said
statement with the Comaission within the prescribed forty -
eight (48) hoary, the suspension shall be void and the
employee shall be entitled to his fall salary. The Oo-1 -
sion shall have the power to reverse the decision of the
Division Head and to instract him ivmediately to restore
such employee to his position.
Section 3. In the event each Division Head refuses to obey
the orders of As 0oumiesion, Section 3 and 4, Article 14 of
these rules shall apply.
Article Eighteen
Reduction of force
Section 1. T. tow event that any position is the Piro of
Police Division 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 positions
of equal rank are so vacated or abolished, the employee or
employees with the least seniority In the said rank shall be
the.ones who are denoted.
Bastion 2. In the event positions in the lowest classifications
are abolished or vacated, and it thereby become neeeseary to ,
dismiss employees from the nivision, the employees with the
least seniority shall be dismissed, but each employees as are
involuntarily separated from the Division without obarges
having been filed aghast them for violation of Oivil Service
roles, shall be placed on a reinstatement list in order of
their seniority. The reinstatement list shall be exhausted
before appointments are made from the eligible roster and
appointment- from the reinstatement list -ball be in the order
of seniority. Those who shall have been on any such rein-
statement list for a period of three (j) years abail be
dropped from such list but shall be reinstated upon request
from (of) the Oomminsion.
article Rinsteen
Reinstatements
T= addition to re ustatements as provided is Article 16,
reinstatements may be allowed of Firemen and Policemen who
left their employment in good standing; provided, any each
perm desiring reinstatement in each Division where pre-
viously employed -bell be required to quality through
entrance examination the same as though he had never been
previously employed, and shall wait his tern on the Migible
Hooter establiebed as the result of such en.mi..etion. All
each persona reinstated in this manner shall serve the pre-
scribed probation period, but shall be given credit for pre-
vious service toward eligibility for longevity M.
Article Twenty
Transfers, Leaves of Absence Without Pay,
Resignations and Vacations
Section. 1. Leave. of absence without pay may be authorised,
at the option of the Fire or Police Chief, with the City
Manager's approval, for a period not to exceed thirty (30)
days in me year for ordinary purposes, upon written re-
gaest of the employee; provided, that leaves without pay
for periods of not more than ninety (94) days in one year.
may be authorized at the discretion of said Division Heads,
with the city Menegerle approval, for reasons of health upon
the written request of the employee. A7.1 such . requests and
notices of all such leaves of absence granted shall immAr
lately be filed with the commission. It is further provided
that before each leave may be granted for health reasons
by the Division Head, said Division Head shall investigate
each request and satisfy himself that good reason exists
therefor.
Section 2. Upon the expiration, or termination, of a leave
of absence the employee shall be returned to his position
providing he has fulfilled the conditions under which the
leave was granted, and the Division Head shall forthwith
notify the Commission of eneh expiration or termination.
section 3, ffhe resignation of a Fireman or Policeman shall
be filed with the commission by the Division Head receiving
same, together with the reason or reasons therefor.
Section b. All Firemen and Policemen shall be allowed a
total of vacation leave with pay computed upon a basis of
one full woTuA day allowed for each full calendar month
employed, with one extra day added for each four (4) months.
so as to total fifteen (15) working days to an employeels
credit each twelve months. A vacation leave shall not be
amnal.ative beyond a total of 15 days.
section 5. No transfer of any P'laeman into the Police Division.
or vice versa. Shall be authorised unless the Said Fireman
or Policemen passee the prescribed examination of the
Oaomdseion for the service he desires to transfer into.
Article ftentyilne
Sick and Injury LeaTes of Absence
Section 1. Persanent and tem3poraly employees in the class-
ified eervioe 03-31 be allowed a total. of Sick leave with
Pay computed upon a basis of one full working day allowed
for each fall month employed In a calendar year, with an
extra day added for each four (4) months, so as to total
fifteen (15) working days to an employeele credit each
twelve months. Said sick leave with pay shall be aomalative
at the rate of fifteen, (15) volig days per calmWar year
to a total not exceeding ninety (90) days, with the privilege
Of an extension in cane of exhaustion of time, providing
that said employee can conclusively prove that each illness
was incurred while in the performance of his duties.
Section P. In the event a Fireman or Policeman for anv reason
leaves the classified service, he Shall remain on the payroll
until his aocamelated Sick leave is all used.
Section 3. Firemen and Policemen shall be allowed iajury leaves
of absence with full pay for periods of time comnenearate with
the nature of injuries received while in line of duty for at
least cue (1) year. At the expiration of said one (1) year
period, the 01ty Ocanail, or governing body, may extend snob
injury leave at full or reduced pay; provided, that in the
ease of a Fireman if the injured employeale salary should be
reduced below, sixty Per Cent (60%) of hie regular monthly
salary, said employee shall be retired on pension until able to
ratura to duty.
Article Twouiy -3vo
Efficiency
Section 1. The Commission shell ascertain the efficiency z—
tinge of all Fireman and Policemen who have completed the re-
quired probation period as determined by quarterly reports
prescribed by the commission and submitted by the Fire and
Police Ohiafe end Immediate —parlors of said employees and
aball keep a record of such rating. The highest standard of
efficiency shall be indicated by a grade of 100%. Any grade
below 65% shall be regarded as unsatisfactory.
Section 2. The Oommission eball, by written order recorded
In its minates, prescribe subjeots to be used in determining
efficiency makings;, provide a schedule of merits end de-
merits based vpon attendanes, disclpline. quality of service
and initiative and ®ball aesiga weights to such factors.
Section j. (a) The commission eba11 retSU =to itself the
authority to water markings on efficiency records and may
review and amend any efficiency ratings submitted.
(b) The efficiency rating records .ball be eub-
jest to investigation only by the Oommission, the city Mena»
gar, the Oity Legal Department, the Division Head concerned,
the immediate superior, and the employee or hie representative
duly appointed in writing.
Section 4. AW case of failure of a Firemen or Policeman
to maintain a eatisfaatory efficiency rating abed be ant
fictent gaouads for dismissal of that employee. Whoa an
average grade of lase tban 65% on the last two efficiency
ratings bas been recorded for said employee, the Oommisstan
.ball call him before it and give him an opportunity to er
plain his low grade. If no satisfactory eapleaation is made,
the Cmlmdoeton may recomamtd that each employee be dio-
charged, euspaaed or demoted, and if the Oity Manager of
the city disagree. with the recto —and tion he shall promptly
furnish the 0o®iesion with a written memorandan setting out
his reasons therefor, in light of which the matter shall be
reoansidered by the Commission and its decision shall be
than final. Before resorting to-the steps necessary for
-discharge, or demotion, the Commission shall request the
Director, in cooperation with the City Manager, to omke an
investigation to ascertain the cause of the continued low
rating, end, if it to possible to correct the low ratings
by one or several adjustments or changes In working condi-
tions, these recommendations shall be included in the Di-
recter4a report to the Oomniunion which shall proceed in such
mariner as it deems beet for the carries. The ratings may
also be used to influence decisions on promotional exami-
nations and reinstatement.
Article Twenty –Three
Training Courses and Merit Pay
Training coureea pertaining to the science of fire fighting
for PYremsa and polio. work for Policemen sha11 be provided
In the Byre and Police Divisions and shall be under the general
direction of the Head of the Division, and each coarse eaccess-
Pally completed by a Fireman or Policeman shall bring him
appropriate compensation colds from hie base pay, each amounts
to be termed "merit We and be prescribed by the City !tanager
after recommendation by the Heads of the Divisiona. such
amounts "ball be earned for a period of one year, making
qualification in each subject, or coarse, necessary anaoally
in oiler for the employee to retain said "merit pay".
Article Treaty -Boar
A—I Mausel. M vInations
Every year on, or near, the annivereaxg date of his c.gPloy-
ment, saeh Fireman and Policeman eball beve a. complete meth
cal emminatian, eonducted by the Medical D —finer, such $aam-
ination to include tests for venereal diseases, toberaslosis,
and heart ailments, and a report of such Ons tuation, ca the
forms prescribed by the Oommission, shall be immediately fil-
ed with the Commission.
Article Twenty -Five
Oivil Service Sights of Division Head
When the dervices of the Chief or Head of the Fire Division
or Police Division are teminated as such and he is rsmeved
ae each Division Head, he shall be reinstated in the Division
and placed in a position no lower than the rank he held at
time of appointment, end he shell retain all rights of aenior-
ity in the ffi.visIon; provided, that shaaid such Division Head
becherge8 with an offense in violation of Civil Service roles,
and be dismissed from the public service, or be discharged from
his position, he shall have the some rights and privileges of
a hearing before the Commiesioa, end in the same manner and
under the same conditions as may classified employees, and if
the Oc®ission should find such charges to be untrue, or
Unfounded, said employee shall thersopon io¢aediately be re-
stored to the Division as above provided, and add employee
shall enjoy all the rights and privileges thereunder according
to seniority, and shall be paid his full salary for the time
of suspension. This role is in accordance with Section 15,
Article 1269m, 9ernonta Annotated Statutes of Toms.
Article Twenty -Six
Political Activities
Section 1. 3oployess in the Eire or Polio$ Mvision aball not
be permitted to take an active part in any political oem-
paign. The team "active part" means making political
speeches, passing oat cards, or other political literature,
writing letters, signing petitions, soliciting votes, and
making public derogatory remarks about candidates for elective
positions.
Section 2. Ma Oommiseion will require Pittman and Policemen
who are candidates for office to resign their positions
immediately upon making public announcement. There will be
no exceptions to this rala. The Oommission will terminate
the services of any employee violating this regalation.
Article Twenty -Seven
Strikes
It shell be unlawful for any Pireman or Policeman coming
under the provisions of these Tales to engage art any strike
against the Division in which fie is employed by the Oity of
corpus Ohristi.
Article Twenty-Eight
Papers -The Property of The 0®ission
All original papers, applications, a— ination papers ani
questions, certificates, ate., are the property of the
Oomaission and mast be filed in its office and kept not less
than two (2) years, excepting the examination papers of those
failing to pees, which may be destroyed after sixty (60)
days.
Article 34enty -Sine
Publishing of Rules
The Commission shall cause to be published all rules and
regalations promulgated by it, and shall publish classlfica-
tion and seniority lists for each Division, and each roles
and regalationa and lists shall be made availbble upon demand.
Section II. All ordinances or parts of Ordinenaee
In conflict herewith are hereby repealed.
Section III. If any motion, paragraph, sub-
division, clause, phrase or provision of this Ordinance shall
be adjudged invalid or held =constitutional. the same shall
not affect the validity of this Ordinance as a whole or any
part or provision tbareof other than the part so decided to
be invalid or mconstitutional.
Section I9. The fact that it is necessary by law
to adopt the civil service regulations set oat in this Cr-
d1nance, and the fact that further delay would be detrimen-
tal to the citizens of the City, creates a. public emergency
and imperative necessity requiring the suspension of the
Charter rule that no Ordinance or Resolution shall be passed
finally on the date it 1e introduced and that such Ordinance
or Resolution abell be reed at three several meeting of the
City Council, and the Mayor having declared that each public
emergency and imperative necessity exists, and having re--
quested that such Charter rule be suspended. and that thin
ordinance be passed finally on the date of its introduction
and take effect and be in full force and effect from and after
Its passage, IT IS ACCOMIAaLY OBDADM.
PASSED AND APPROVED this _ZCdayy of rebuwary, 1949.
Y0R
ATTMM City of Corpse Christi, Texas
Corpus Christi, Taxes
&ebmez915. 1949 -
TO THE 9 OR M CITY OCOSCLL
00rpne 0haisti, Tess.
eentlesenf
For the reasons set forth in the emergency clause of the
foregoing Ordinance, a public emergency and an lVerative necessity
exist for the suspension of the Charter role or requirement that
no Ordinance or Resolution ahe11 be passed finally an the date it
ie introduced, and that such Ordinance or Resolution sball be read
at three award meetings of the City 0ocrosil, I, therefore, hereby
request that you suspend said Charter rule or requirement and page
this Ordinance finally on the date it is introduced, or at the
present meeting of the Oily Ooancil.
Respectfully.
Ox
city of Corpcs Christi, Terns
The charter rate was Suspended by the following vote:
Wesley H. Seale
George R. 01a3k. Jr.
John A. Perri.
R. IL $envy
J. T. Dawson
The above Ordinance was passed
by the following voter
Wesley B. Seale
George R. Clark, Jr.
/ /%lrsliCi /V�
John A. Ferris
a R. assay
s. T. Laaeoa
Q
2-'{75