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HomeMy WebLinkAbout02734 ORD - 03/28/1950AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDIN- ANCE ADOPTING AND APPROVING CIVIL SERVICE RULE AND REGULATIONS GOVERNING FIREMEN AND POLICEMEN EMPLOYED BY THE CITY OF CORPUS CHRISTI; PROVIDING FOR A FIREMEN'S AND POLICE - MEN'S CIVIL SERVICE COMMISSION; PRESCRIBING DUTIES AND FUNCTIONS OF SAID COMMISSION; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVING CLAUSE AND DECLARING AN EMERGENCY ", AND BE- ING ORDINANCE NO. 2175, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 15TH DAY OF FEBRUARY, 1949, BY RIMMING ARTICLE FOUR BY ADDING SEC- TION is THERETO; BY AMENDING ARTICLE SIX BY ADDING SECTION 5a THERETOj BY AMENDING ARTICLE SEVEN BY ADDING SECTION la THERETO; AMENDING SECTION 3 OF ARTICLE TEN;BY AMENDING ARTICLE THIRTEEN BY ADDING SECTION 2a THERETO; BY AMENDING SECTION 3 OF ARTICLE THIRTEEN; By AMENDING SECTION 4 OF ARTICLE THIRTEEN; BY AMENDING ARTICLE THIRTEEN BY TIM ADDING TO SECTION 5& THERETO; BY ADDING SECTION 8 TD ARTICLE THIRTEEN; BY AMENDING PARAGRAPH (n) OF SECTION 5 OF ARTICLE FOURTEEN; BY AMEND- ING ARTICLE ZXENTY BY THE ADDING'OF SECTION la: BY AMENDING SECTIONS 1, 2, 3, and 4 OF ARTICLE Tr,rGTPTY -TWO; AND DECLARING AN EMERGENCY. WHEREAS, some changes regarding the Firemen and Policemen's Civil Service Act were made by the recent act of the Texas Legis]a tore; and VMREAS, On March 16, 1950, the Firemen and Policemen's Civil Service Commission made and unanimously adopted certain amendments to tho rules and regulations for Firemen and Policemen's Civil Ser- vice in compliance with the said recent act of the legislature, and reconmiended Council approval and passage of the same; NOW, THEREFORE, BE IT ORDAINED BY TIE; CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TUE&S: SECTION I. That Ordinance No. 2475s entitled: "An Ordinance Adopting and Approving Civil Service Rules and Regulations Governing Firemen and Policemen Employed by the City of Corpus Christi; Providing for A Firemen's and Policemen's Civil Service Conmidssion; Prescriting Duties and Functions of said Commission, Repealing All Ordinances or Parts of Ordinances in Conflict Herewith; Containing a Saving Clause and Declaring an E1mergenoy." passed and approved by the City Council on the 15th day of February, 1919, be amended in the following respects: Z73� A. That Article Four be amended by the adding to said Article Four of a section to be designated as Section la, reading as follows: "Article Four, Section la: No classification now in existence or that may be hereafter created, either by name or by increase of salary, shall ever be filled except by competitive examinationso All persons in each classifica- tion shall be paid the same salary, and, in addition there- to, be paid any longevity (seniority) pay and merit pay to which he may be entitled. All vacancies shall be filled by permanent appointment from eligibility lists furnished by the Commission within ninety (90) days after such vacancy occurs." B. That Article Six be amended by the adding to said Article Six of a section to be designated as Section 5a, reading as follows: "Article Six, Section 5a: The Medical Examiner desig- nated by the Commission shall be paid by the City. In the event of a rejection by said Medical Examiner the applicant may call for further examination by a board of three physi- cians appointed by the Commission, but at the expense of the applicant, and whose findings shall be final." C. That Article Seven be amended by the adding to said Article Seven of a section to be designated as Section la, reading as follows: °Article Seven, Section la: No person shall be_aerti- fied as eligible for a beginning position in the Fire or Po- lice Division who is over the age of thirty -five (35)." D. That Section 3, Article Ton be amended to read and it shall hereafter read as follows: "Article Ten, Section 3: The name of each person on the eligibility lists shall be submitted to the chief of the Divi- sion three (3) times. If passed over three (3) times with written reasons filed thereafter, which reasons are not set aside by the Commission, he shall be dropped from the eligi- bility list." E. That Article Thirteen be amended by the adding to said Article Thirteen of a section to be designated as Section 2a, reading as follows: "Article Thirteen, Section 2a: The questions asked therein shall be based upon the duties of the position sought and any study courses given by such departmental schools of instruction. Each applicant shall, at his request made in writing within five (5) days after notification of his grade on such examination, have the opportunity to examine same, together with the grading thereof, and if dissatisfied, shall within five (5) days, appeal the same to the Commission for hearing." F. That Section 3, Article Thirteen be amended and it shall here- after read as follows: "Article Thirteen, Section 3; A21 promotional examina- tions are open to all policemen and firemen who have held a position for two (2) years or more in a classification immedi- ately below in salary of that classification for which the examination is to be held. When there is not a sufficient number of members in the next lower position with at least two (2) years service in that position to provide an adequate number of persons to take the examination, the Commission may extend the examination to the members in the second louver position in salary for which the examination is to be held." G. That Section 4, Article Thirteen be amended and it shall here- after read as follows: "Article Thirteen, Section 4: On all promotional ex- aminations the gra a on the written examination shall be con- verted to sixty (60) per cent. Each candidate shall then be allowed a maximum of thirty (30) points for efficiency and ten (10) points, or one (1) point for each complete year of service through ten (10), for seniority tmvard the ag r ate_ score. Weights to be assigned to other factors, if any, shall be written into the Minutes of the Commission. in figuring efficiency, the efficiency ratings filed with the Commission from the effective date of the Firemen's and Policemen's Civil Service Act shall be averaged; however, no efficiency rating filed more than two (2) years prior to the time of examina- tion shall be considered." H. That Article Thirteen be amended by the adding to said Article Thirteen of a section to be designated as Section 5a, reading as follows: "Article Thirteen Section 5a: YTithin ninety (90) days after a vacancy in any classi ioation occurs, or new positions are created, the Commission shall hold examina- tions to create eligibility lists if none exists." I. That Article Thirteen be amended by the adding to said Article Thirteen a section to be designated as Section 8, reading as follows: "Article Thirteen, Section 8: The fact that each position must be filled by compe hive examination shall not prevent the Fire or Police Chief from designating some person from the next lower classification to temporarily fill a position in a higher classification. Any such per- son so designated shall receive the base salary of such higher position, plus his longevity and merit pay, during the time he performs.the duties thereof. This shall not be considered a promotion." J. That paragraph (n), Section 5 of Article Fourteen be amend- ed and shall hereafter read as follows: "Article Fourteen, Section 5, paragra h (n): That he is so incompetent, or ine ficient, in the performance of "the duties of his position that his final efficiency average, kept in accordance with the rules of the Commission, is less than 1965, 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 true and to justify such average, or ". K. That Article Twenty be amended by the adding to said Article Twenty of a section to be designated as Section la, reading as follows: "Article Twenty, Section la: No fireman or police- man shall b® refused reasonable leave of absence without pay for the purpose of attending any fire or police school, conventions, or meetings, the purpose of which is to se- cure more efficient departments and better working condi- tions for the personnel thereof. 'tReasonabla leave' shall be determined as to each fireman or policeman by his immedi- ate superior, department head, and City Manager. Upon re- quest of either such superior, department head, or City Manager, the reason for such request for leave shall be stat- ed in writing, and the determination of reasonableness shall be made from such statement. Before any fireman or policeman is granted any such leave of absence, the same shall first be approved as to reasonableness by his superior, department Head, and City Manager. ". L. That Section 1 of Article Twenty -two be amended and shall hereafter read as follows: "Article Twenty -two, Section 1: Semi - annual effi- ciency reports sha 1 be made on esoli member of the Fire and Police Divisions by his immediate superior. Additional in- terith efficiency reports may be filed by the immediate super- ior at any time when deemed advisable. The immediate super- ior officer of each member, after completing such reports, shall deliver the original and two copies with suggestions for improvement and reasons for grade to his immediate super- ior officer, who shall correct and approve the same and for- ward one copy to the member reported on and forward the original and one copy to the Chief of the division who shall retain one copy and forward the original to the Commission for filing. The highest standard of efficiency shall be in- dicated by a grade of thirty (30) points. Any grade below 19.5 points shall be regarded as unsatisfactory." M. That Section 2 of Article Twenty -two be amended and shall hereafter read as follows: "Article Twenty -two, Section 2: The Commission shall, by written order recorded in its Minutes, prescribe subjects to be used in determining efficiency markings." N. That Section 3 of Article Twenty -two be amended and shall hereafter read as follows: "Article Twenty -two, Section 3: The efficiency rat- ing records shall be subject to investigation only by the Commission, the City Manager, the City Legal Department, the Division and concerned, the immediate superior and the amployes or his representative duly appointed in writing." 0. That Section 4 of Article Twenty -two be amended in the following particulars: 1.By amending the second sentence in said section and article to hereafter read as follows: "When an unsatisfactory efficiency rating has been recorded for said employee, the Commission shall call him before it and give him an opportunity to explain his low grade." 2. By amending the fourth sentence in said section and article to hereafter read as follows: "Before resorting to the steps necessary for discharge, or demotion, the Commission shall request the Director, in cooperation with the City 11anager, to make an investigation to ascertain the cause of the low rating, and, if it is possible to correct the low rating by one or several ad- justments or changes in working conditions, these recommendations shall be included in the Directorts report to the Commission which shall proceed in such manner as it deems best for the service." SECTION II. The need to make and adopt said amendments relative to said Firemen and rolicements Civil Service rules and regu- lations to conform with the recent changes in the Firemen and Police- men's Civil Service Act made by act of the Texas Legislature creates a public emergency and imperative public necessity requiring the suspen- sion of that certain Charter rule that no ordinance or resolution shall be passed finally on the day it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity exist, request- ing that such Charter rule be suspended and that this ordinance be passed finally on the date it is introduced, and take effect and be in full force and effect from and. after its passa;e, IT IS ACCORDI -NGLY SO ORDAIN- ED. PASSED AND APPROVED, This the i�g�eday of Iularah, A.D. 1950- L T : PAYOR PRO •TWn. J The City of Corpus Christi City Secretary AF" ROVLD AS TO S GAL FORPB: City Atto ey 273�- Corpus Christi, Texas �� .-�-P , 19si) TO THE IMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest C Barney Cott 0 T� —nv Sydney E. Herndon City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest T Barney Cott Sydney E. Herndon George L. Lowman