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HomeMy WebLinkAbout03152 ORD - 11/01/1951imsinger /-aer •10.24 -51 AN ORDINANCE AMENDING ARTICLE VII OF THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI, TEXAS BY ADDING SECTION 7 SO AS TO PRO- VIDE FOR EMPLOYMENT AS TEMPORARY FIREMEN OR TEM- PORARY POLICEMEN MEN OVER THE AGE OF THIRTY -FIVE (35) YEARS AND UNDER THE AGE OF FORTY FIVE (45) YEARS AND PROVIDING RULES GOVERNING SUCH EMPLOY - MENT; AMENDING ARTICLE;,XIV, SECTION 1, OF SAID RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI SO AS TO PROVIDE FOR THE HEARING OF APPEALS WITHIN THIRTY (30) DAYS; AMENDING ARTICLE XX, SECTION lb OF THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS- CHRISTI BY ADDING A PARAGRAPH PROVIDING FOR THE METHOD OF FILLING VACANCIES OF PERSONS ABSENT ON MILITARY LEAVE; AMENDING ARTICLE XXIX OF THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD BY THE ADDITION OF A PARAGRAPH SETTING FORTH PROCEDURES FOR THE PUBLISHING AND PROMUL- GATION OF RULES AND REGULATIONS; AND DECLARING AN EMERGENCY. WHEREAS, the Civil Service Board has unanimously recommended that the Council approve an amendment to the Civil Service Rules and Regulations so as to provide for employment as temporary firemen or temporary policeman over the age of thirty -five (35) years and under the age of forty --five (45) years and providing rules governing such employment; and WHEREAS, the Civil Service Board has unanimously recommended that the City Council approve an amendment to the Civil Service Rules and Regu- lations so as to provide for the hearing of appeals within thirty (30) days; and WHEREAS, The Civil Service Board has unanimously recommended that the Council approve an amendment to the Civil Service Rules and Regulations providing for the method of filling vacancies of persons absent on military leave; and WHEREAS, the Civil Service Board has unanimously recommended that the Council approve an amendment to the Civil Service Rules and Regulations setting forth procedures for the publishing and promulgation of rules and regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That, in accordance with the recommendation of the Civil Service Board, Article VII of the Rules and Regulations of the Civil Service Board be amended by the addition of Section 7 as follows: "Section 7. At such times as it is impossible to re- cruit qualified employees who do not exceed the maxi- mum age limit of thirty -five (35) years to fill the positions of firemen and policemen and the City Council finds that such condition constitutes an emergency, applications shall be accepted from applicants who otherwise meet the foregoing qualifications for such positions but who are not more than forty -five (45) years of age at the date of application for examina- tion. "Such employees in addition to meeting all qualifica- tions as set out above with the exception of age shall be bound by the same rules and regulations as regularly employed firemen and policemen and shall be further bound by the following restrictions; (a) They shall be designated as temporary firemen or temporary-policemen; (b) They shall be ineligible for pension benefits; (c) They shall be ineligible for appoint- ment or promotion when one or more permanent applicants or employees are available;. (d) They shall be ineligible to become full - fledged Civil Service employees; and (e) Their employment shall be terminated before the employment of any permanent Civil Service employee is terminated under Article XVIII of these rules and regula- tions which governs reduction of force." SECTION 2. That, in accordance with the recommendation of the Civil Service Board, Section 1 of Article XIV of the Rules and Regulations of the Civil Service Board be amended to read as follows: "Section 1. The Chief or Head of the Fire Division or Police Division of the City of Corpus Christi shall have the power to suspend indefinitely, or discharge, any officer or employee under his supervision or jurisdiction for the violation of Civil Service rules, but in every such case the officer making such order of suspension shall, within forty -eight (48) hours thereafter, file a written statement with the Commission, giving the reasons for such suspension or discharge, and immediately - 2 - furnish a copy thereof toRthe officer or employee affected by such act, said copy to be delivered in person to such suspended officer or employee by the said Division Head. Said order of suspension, or discharge, shall inform the employee that he has ten (10) days after receipt of a copy thereof within which to file _a written appeal with the Commission. Any officer or employee in the Fire Division or Police Division so suspended, or discharged, shall have the right to appeal, and the Commission shall, within thirty (30) days after it receives said notice of appeal, hold a hearing and render a decision in writing stating whether or not the suspended, or discharged, officer or employee shall be permanently or temporarily dismissed from the Fire or Police Division or be restored to his former position or status in the classified service in the Division. Zn the event that such suspended. or dis- charged, employee is restored to the position or class of service from which he was suspended, or discharged, such employee shall receive full 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 result of such suspension, or discharge, All Hearings of the Commission under this section shall be public." SECTION 3. That, in accordance with the recommendation of the Civil Service Board, Section lb of Article XX of the Rules and Regulations of the Civil Service Board, be amended by adding the follwing paragraph: "During the absence from the Fire or Police Division of any member to whom Military Leave of Absence shall have been granted, the position in such Division held by such member may-be filled in the regular manner subject to the person filling such position being replaced by the member to whom Military Leave of Absence has been granted upon his return to active duty with the Division. Any person so replaced and remaining with the Division, and by rea- son of such'replacement, being returned to a position lower in grade or compensation, shall have a preferential right for subsequent appointment or promotion to the same or similar position of that from which he has been replaced over any eligibility list for such position, provided he remains physically and mentally fit to discharge the duties of such position." SECTION 4. That, in accordance with the recommendation of the Civil Service Board, Article XXIX of the Rules and Regulations of the Civil Service Board, be amended by the addition of the following paragraph: "Whenever the Commission shall have adopted such rules and regulations by majority vote, they shall be deemed to be sufficiently published and promulgated, and shall be valid and binding upon the Commission doing, or causing to be done, the following: -- 3— (1) By mailing a copy „of such rules and regu- lations to the City Manager, the Chief of the Police Division and the Fire Division, (2) By posting all such rules and regulations at a conspicuous place for a period of seven (T) days in the Police Station and for the same period in the Central Fire Station. (3) By mailing a copy of all such rules and regulations to each branch Fire Station. (4) No additional publication by way of insertion in a newspaper shall be required, and no action need be taken by the City Council with reference to publication of said rules and regulations.” SECTION 5. The fact that the authority granted herein to the Civil Service Board is immediately necessary for the efficient adninistration of the classified civil service system of this City creates a public emer- gency and imperative necessity requiring the suspension of the Charter Rule providing 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 several meetings of the City Council, and the Mayor having de- clared that such public emergency and public necessity exist, and having requested that said Charter Rule be suspended, and that this Ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY ORDAINED. PASSED AND APPROVED this the le�-day of 41�. 1951. MAYOR CITY OF CORPUS CHRISTI, TEXAS A ST: City Secretary APP VED AS TO LEGAL FORM: City Attorney � b ' Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL 'Corpus Christig Texas Gentlemens For the reasons set forth in the emergency clause of the fore - r.=-' .- -- 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, _'� MAYOR City of Corpus Christi, Texas - The Charter rule Tms suspended by the following votes Leslie Wasse e -man 0 Jack DeForrest Barney Cott Sydr_ey E. Hs: ^ndcn George Lo Lre:n°n The above ordinance was passed by the following votes - Leslie Wasserman Jack lleForrest / ( P L O ` Barney Cott Sydney E. Herndon George Lo Lowman