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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