HomeMy WebLinkAbout18233 ORD - 05/16/1984AN ORDINANCE
AMENDING CIVIL SERVICE BOARD RULES AND REGULATIONS TO
PROVIDE FOR IMPROVEMENT IN THE RECRUITMENT AND SELECTION
PROCEDURES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Civil Service Board Rules and Regulations be
amended to provide for improvement in the recruitment and selection procedures
according to the revisions attached hereto and made a part hereof, marked
Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the immediate
need for efficient and effective administration of City affairs by amending the
Civil Service Board Rules and Regulations as aforementioned at the earliest
possible date, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this resolution is passed and
shall take effect upon first reading as an emergency measure this the lir day
of 4444 984. !G
ATTEST:
APPROVED: 2_5te DAY OF APRIL, 1984:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CI j" OF CORPUS CHRISTI, TEXAS:
18233
MICROFILMED
SEP 2 81984
Rules & Regulations
of the
' Civil Service Board
Adopted September 15, 1982
With Revisions December, 1982
Proposed Revisions March, 1984
CIVIL SERVICE BOARD
CODE OF RULES AND REGULATIONS
PREAMBLE: The Civil Service Board exists by authority of Article
VI, Personnel and Civil Service, of the -Charter of the City of Corpus
Christi. This code of Rules and Regulations is specifically authorized
in Section 4 of Article -VI. If any conflict exists between this code
and the provision of Article VI of the City Charter, Article VI is to be
followed.
-ADOPTED EFFECTIVE SEPTEMBER 15, 1982
*Revised December, 1982
ARTICLE ONE:
TABLE OF CONTENTS
NOTIFICATION AND ADVERTISING OF POSITIONS: APPLICATIONS
AND JOB QUALIFICATIONS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
Notification of Position
Advertising of Available Positions
Preferences
Qualifications
ARTICLE TWO: EXAMINATION
SECTION 1:
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
ARTICLE THREE:
SECTION 1:
SECTION 2:
SECTION 3:
Examination Generally
.Content of Examinations
Board Direction of Examinations
Specification of Job Requirements
Review
APPOINTMENT
Referral of Qualified Applicants
Automatic Decline of Appointment
Probationary Period
ARTICLE FOUR: DISCIPLINARY SUSPENSION, TERMINATIONS, DEMOTIONS AND
APPEALS THEREFROM
SECTION 1: Generally
SECTION 2: Disciplinary Suspensions and Demotions
SECTION 3: Appeal
SECTION 4: Conduct of Hearings
SECTION 5: Causes for Discipline
SECTION 6: Disability Termination
SECTION 7: Exigent Suspensions
SECTION 8: Ready, Willing and Able
ARTICLE FIVE: TEMPORARY AND PART-TIME EMPLOYEES
SECTION 1:
SECTION 2:
Temporary Employees Generally
Part -Time Employees
ARTICLE SIX: PROMOTIONS, LEAVES OF ABSENCE, RESIGNATIONS AND
GRIEVANCES
SECTION 1:
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
Promotions
Transfers
Leaves of Absence
Reinstatement After Leave
Reduction in Force
SECTION 6: Resignation
SECTION 7: Grievances
ARTICLE SEVEN: PERFORMANCE RATINGS
SECTION 1: Scheduling and Procedure
SECTION 2: Inspection
' SECTION 3: Use of Performance Ratings
ARTICLE EIGHT: DUTIES OF THE SECRETARY -EXAMINER --PERSONNEL DIRECTOR
SECTION 1: Duties
SECTION 2: Reports required from appointing authorities to
Secretary-Examiner/Personnel Director
ARTICLE NINE: MISCELLANEOUS PROVISIONS
SECTION 1: Discrimination
SECTION 2: Records
SECTION 3: Change of Rules
SECTION 4: Meeting
SECTION 5: Classification and Compensation
ARTICLE I
NOTIFICATIONS AND ADVERTISING OF POSITIONS
APPLICATIONS AND JOB QUALIFICATION
SECTION 1. NOTIFICATION OF POSITION
The appointing authority who desires the City to
hire an employee shall direct a request for
filling any position to the office of the Person-
nel Director, who shall certify in writing the
title, class, duties and compensation for such
position.
SECTION 2. ADVERTISING OF AVMLABEE POSITIONS
Advertising for applicants shall be conducted in
conformance with the law and as directed by the
City Manager.
Brreeter-- 1---therea£ter
advertise- --iR+r--eppiieente--- e---�,14dr--seek
pesitiene--nsingT--et--his--epinieni--ane--er
more-ef-the-feIieving-metkede-
1. BNTERNAR. -The Pee -_.rl- erireeter- map
advertise-for--e:rf -imm idMexr- for --which
eppiieents--ere--desired-4rr -distributing
periedie -dieted went• ieetises- to
ail -divisions -arid -departments -within -the
6itp-
fE---EMPBRNALT---The---P manna---Si•reetot--may
advertise--fer--ferir- pesi tuner-£et--irhieh
epplieents--ere-- dezircd
trade--publi-em lex a-y---newpeperm: --hire
seereh-firms-er-ether-generally-eeeepted
reereitment umie- b2'perning 4,n- the
Beard--effieeT--et--eitp--Beii;--end--es
deserihed-in-57-ebeve7
B----TEMB-6P-ABVBRTESEN6---Pesitiens-shell-be
advertised--and--applieetiens-shell=-he
accepted-far-ne-less-than-two-weekeT-end
far --so- lung-thereafter-errthe-Bireeter
ef--Personnel--may--designete7--with--en
eetematie-maxi:mem-time-of-99-days-unless
e-- pee-extensi:en-4s--greeted- -the
Bireeter-e£-Persennei-
SECTION 3. PREFERENCES
. A. Among__ equally qualified applicants
preference shall be given to City
employees utilizing the following order:
ii
NOTE: This amendment coincides
with' the recent centralization of
the recruitment and selection
function of the Personnel Depart-
ment. Although internal and
external advertisement methods
would still be utilized, the
following more flexible alter-
natives could improve the quality
of selection and increase oppor-
tunities.for career development:
(1) Establishment of specialized
job posting, advertisement
plans, and subsequent
applicant eligibility pools
which match particular job
needs, i.e., laborer,
technical skills, profes-
sional, etc.
(2) Allowing for internal promo-
tions without advertising
where career ladders have been
specifically created for the
purpose of staff development.
(3) Enabling internal advertise-
ment to be confined to a large
department or between a
specified number of depart-
ments that share common
functional responsibilities
i.e., utilities, street
maintenance, etc.
a. City employees currently unemployed
as a result of City lay-off.
b. City employees with greater senior-
ity, and satisfactory performance.
B----Ameng-egeei}y-ganiified-appiieants-ether
than amity --1oyeeer .veterens- e£ the
Armed--Pe_r! e£ die --united- &_& ee -whe
present esr4enerabherc -she�I be
granted-eneh--prefe_re ee es -is- required
by-iaw:
B. Veterans of the armed forces of the
United States as defined by law who
present an honorable discharge shall be
granted such preference as is required
by law.
SECTION 4. QUALIFICATIONS
A. Generally, in order to be considered a
qualified applicant, the individual
must:
a. timely file application;
b. meet the minimum qualifications as
set forth in the job specifications
for the position;
c. not be otherwise barred by the
rules and regulations of_ this
board, as set forth herein.
B. RESIDENCE: Any person applying for City
employment must either reside within the
city limits of Corpus Christi or resi-
dence must be established with the City
of Corpus Christi, if accepted for
employment, in such reasonable period of
time as has been approved by the City
Manager. Exceptions to the residence
requirements set forth herein may be
granted by the City Manager.
C. PHYSICAL FITNESS OF APPLICANTS
Every job applicant must be examined by
the City Physician unless such exam is
specifically deferred, and be certified
to be physically capable of safely and
fully performing the duties of the
position for which application is made,
NOTE: This change allows the
Personnel Department to establish
legal veterans' preference criteria
for selected positions in the City
workforce. Where applicable,
special on-the-job training may be
limited to eligible veterans who
qualify under the federal Emergency
Veterans' Job Training Act of 1983
(EVJTAf.
D.. BEARB DISQUALIFICATION
The -Board} -may- —te ee— to- examine,: er
,after exemiaetdcm- tater er
applieaat-whet-
estebltshed--regerireaterR=t ---the
peeitien-fer-which-they-apply?
B----is-determined-by-the-eitp-Physician
to aaairie--tcr safely
- end-faiIy-perform-the-duties-ef-the
pesitien-fer-which-they-apply?
3v---hes-been- iltri3 t --cm -aftr-crime
reeeenehIy-- tke}r---tet---bene- en
adverse-eb-related-impact;
47---has-*den-t _ maki--fraena-empieymeet
with--the--city--far--ineffieienep7
miseenduet7--er--vielatien--eft--the
rales-end-reseletiene-eft-this-Beard
er-the-civil-Servide-eemmissien7
67---has-a;adt e-false--stateme:rt--oE-emy
feet ez`-hes- ed•,er attempted
to praetiee-- -- e p - n—r freed
in-tigeio— deet-lour-exeminatien7
er isr----�ste3rliskring ----their
e&igibilitp-fer-appeintment7
6----where---deeemented---pest---eendnet
indicates-en-eareeseneb&e-risk-that
the -appleandr -vier be- an
ansatisfaetery-empleyee7-er
�----anp-eembinatien-eft-the-ebevev
Applicants may be disqualified who: 1)
are found to lack any of the established
requirements for the positions for which
they apply; 2) are determined by the
City physician to be physically unable
to safely and fully perform the duties
of the position for which they apply; 3)
are found—to have been guilty of any
crime reasonably likely to have an
adverse job related impact; 4) have been
dismissed from employment with the City
for inefficiency, misconduct, or viola-
tion of the rules and regulations of
this Board or of the Civil Service
Commission; 5) have made a false state-
ment of any fact or have practiced or
attempted to practice any deception or
fraud. in their application, examination,
or in establishing their eligibility for
appointment; 6) have documented past
NOTE: This change enables the
Personnel Department to immediately
advise an applicant of their
ineligibility for City employment
resulting from one or more of the
reasons listed.
conduct which indicates an
risk that the applicant
unsatisfactory employee;
combination of the above.
unreasonable
will be an
or 7) any
Disqualification shall be certified by
the Personnel Director or the Director's
designee.
Any of the foregoing disqualification
may be cause for striking the indivi-
dual's name from an eligibility register
and for voiding that person's appoint-
ment during or after the probationary
period.
E. There shall be no right to a hearing on
the qualification of an applicant.
P7---Any-vda34.44ed- ii -For--a -generally
advertised-pesitiea-shad-be-admitted-te
review--mid--eeasideratien-4oe--interview
andfer exemiixatierr-fwrifiite--resi*itm-fer
whish-appiieatiea-is-mede-
NOTE: This change will coincide
with the development of new person-
nel procedures establishing eligi-
bility lists for unskilled, semi-
skilled, and technical positions.
From three to five qualified
applicants will then be referred
from the lists as vacancies in
these positions occur.
ARTICLE II
EXAMINATION
SECTION 1. EXAMINATION GENERALLY
Examinations shall be designed to fairly test the
applicant's fitness and capacity to discharge the
duties of the position for which application has
been made. Such examinations shall test both
general knowledge and job knowledge and qualifica-
tions specific to the position for which applica-
tion is made. No question on any examination
shall relate to political or religious convictions'
or affiliations of the applicant.
SECTION 2. CONTENT OF EXAMINATIONS
Examination for entrance into the service and
promotion within the service shall consist of one
or more of the following parts as considered
appropriate for the various classifications of
positions.
A. WRITTEN TEST. This part, when required,
shall be designed to show the familiar-
ity of the applicants with the knowledge
needed in the position to which they
seek appointment.
B. ORAL INTERVIEW. This part, when re
quired, shall include a personal inter- -
view with applicants for positions where -
ability to deal with others, to meet the
public, or personal qualifications are
to be determined. An oral examination
may also be used in examinations where a
written test is unnecessary or impracti-
cable.
C. PERFORMANCE TEST. This part, when
required, shall include such tests of
performance as will determine the
ability and skill of applicants to
perform the work involved in the posi-
tion to which they seek employment.
D. PHYSICAL AND HEALTH TESTS. This part
shall consist of the furnishing of
information by the applicant regarding
his health and physical condition. It
shall also consist of an examination of
the applicant by the City Physician or a
physician designated by the City Physi-
cian or the Board where special exper-
tise is needed, any such examination to
be reported on an.approved form. (See
Art. 1, Sec. 4.C.)
E. ADAPTABILITY AND APTITUDE TESTS. This
part, when required,•shall include tests
to determine general adaptability or to
ascertain special traits and aptitudes.
F. TRAINING AND EXPERIENCE. This part
shall consist of questions on education
and experience in the application form
and of such supplementary data as may be
needed for certification and proof of
statements made in the application,*or
it may consist of questions on training
and experience asked at the time the
written tests are given.
SECTION 3. BARB DIRECTION OF EXAMINATIONS
Preparation, conduct and evaluation of all written
examinations shall be under the general authority
and direction of the Sivil Ferri -Bear&
designee Personnel Department. Preparation of
examinations shall be the responsibility of the
Seeretery-Examiner Personnel Director or his or
her designee. Such preparations would include and
allow for the purchasing of tests from a third
party qualified to construct job knowledge or
aptitude tests. Examinations shall be free from
the presence, participation or influence of any
person other than the authorized• examiner or
proctor.
SECTION 4. SPECIFICATION OF JOB REQUIREMENTS
Department Heads shall furnish a specific and
comprehensive written statement of the require-
ments of each classified position in their depart-
ment. It shall be the responsibility of the
Personnel Department to finalize and approve job
descriptions for all positions within the City
from such statements.
SECTION 5. REVIEW
The Civil Service Board may hear and inquire into
any material violation of the provisions of this
Article which is brought to its attention within
15 days of the examination. Where a violation is
proven to the satisfaction of the Board, the Board
may:
NOTE: "This change formally desig-
nates the Personnel Director and
the Personnel Department as admin-
istrator for all examinations. The
procedure has been a long-standing
informal practice..
1. order a re-examination of applicants for
any position; or
2. correct, amend or revoke any schedule or
register or other document relating to
such examination.
Any such action and the reasons therefore shall be
recorded in the minutes of the Board. After 15
days the results of examinations are final and may
be altered only upon a finding by the Board of
pernicious preparation or administration of the
examination.
ARTICLE III
APPOINTMENT
SECTION 1. REFERRAL OF QUALIFIED APPLICANTS
After proper evaluation and due consideration of
other appropriate factors including but not
limited to affirmative action policies and
qualified personnel within the City, the Seeretary
Examiner—Personnel Director or his designee shall
refer a sufficient number of qualified applicants
for classified positions to the appointing autho-
rity fpr consideration. Appointment to positions
shall be made pursuant to standard instruction
issued by the City Manager. 'Phe--appeiatiag
antheritp-may- 3ect--L 4mm3,t sk red-eppiieent
fen -epperrr r --and-shall repent thra to
the 1- -Di-re-atm,: The
Seeretery-Examiner--Personnel Director or his
designee shall determine that the appointing
authority has given due consideration to such
factors as job related qualifications, employment
history, and .effissteti'e- ,aetiel:rT ie4.ea- -es
appIieableT applicable affirmative action
policies, and preferences. and -ice -shell
thereafter The Personnel Director or his designee
shall certify all appointments the -c eiee to the
Director. of. Finance,. in order that the appointee
may be placed on the payroll.
SECTION 2. AUTOMATIC DECLINE OF APPOINTMENT .
When an applicant recommended for appointment
fails to notify the appointing authority of
acceptance of the appointment, whether by mail or
otherwise, within four business days after the
offer is made, they may be deemed to have declined
the appointment, and their name may be stricken
from the ranking of applicants.
*SECTION 3. PROBATIONARY PERIOD
The probationary period provided for by Section 5.
Article VI of the City Charter shall be six
calendar months of full-time service for full-time
employee. For purposes of this provision only,
any break in service other than the use of accrued
sick leave shall not be included in calculating
the six-month requirement. In the situation where
the cumulative number of days of break in service
exceeds 45 working days, calculation of the
six-month probationary period shall begin anew as
NOTE: This change continues to
coordinate Board rules with the
centralization of the recruitment
and selection activity including
application of the Affirmative
Action Plan.
of the first day of return to work after the 45th
working day missed. In any instance where an
employee's six-month probationary period is
unsatisfactory, the department head and the
employee may agree, with the approval of the
Personnel Director, to an extension for an
additional period of up to six months. The
probationary employee may be evaluated at any time
during the six-month extension.
ARTICLE IV
DISCIPLINARY SUSPENSION, TERMINATIONS, DEMOTIONS
AND APPEALS THEREFROM
SECTION 1. GENERALLY
Whenever a disciplinary suspension, demotion or
termination against a classified employee who has
completed the probationary period is completed the
following steps shall be taken:
I. The employee shall be informed in writing
that the disciplinary suspension, demotion or
termination is being contemplated, and the
reasons therefore; and
II. The employee shall be given an effective
opportunity to respond to the charges set
forth in I, above, to the disciplinary
authority; and
III. Notice of suspension shall be personally
delivered to the employee or the employee's
designee or shall be mailed by certified
mail, return receipt requested, to the
employee's last known address as noted in the
employee's personnel file.
SECTION 2. DISCIPLINARY SUSPENSIONS AND DEMOTIONS
Temporary suspensions without pay, termination and
demotions may be imposed, for cause, by Department
Heads with the approval of the City Manager or the -
Manager's designee, or by the City Manager's
designee independently, upon subordinate classi-
fied employees. Notice of such suspension,
termination, or demotion, setting out the action
taken, the effective date of such action, and the
reason therefor, shall be promptly given in
writing to the Board and to the employee. The
employee may appeal such action as set out in
Section 2, below.
SECTION 3. APPEAL
A. NOTICE: Notice of appeal of disciplinary
suspension, termination or demotion must be
given by the employee or the employee's
designee within 10 calendar days after such
written notice of suspension is given to the
employee.
B. HEARING: If the Secretary -Examiner --
Personnel Director determines that notice of
appeal has been timely filed, the Board shall
commence a hearing within 10 days thereafter,
unless the -employee or the employee's desig-
nee shall have waived such time limit in
writing. Hearings may be recessed and
continued from time to time.
C. NOTICE OF SETTING: Notice of setting shall
be posted publicly as required by state law
and given to the employee or the employee's
designee, the .City Manager, the Board, and
the appropriate disciplinary authority.
D. DECISION: Within 10 calendar days after the
hearing is concluded the Board shall announce
a decision upon the appeal. Such decision
will determine the truth of each charge and
the remedy agreed upon. Decisions shall be
based upon majority vote of the Board present
at the hearing. Upon a tie vote the appeal
shall be.considered denied.
E. FINALITY: In all appeals of disciplinary
actions,- the decision of the Board shall be
final, unless appealed to the City Council if
expressly permitted by the City Charter or
ordinance.
F. REINSTATEMENT: In all decisions requiring
reinstatement, the Board shall be authorized -
to determine the effective date for such
reinstatement, and the amount of back pay,.if
any.
G. MITIGATION: It is the duty of the employee
to mitigate damages, if any, and failure to
do so will be considered_in determining what
back pay, if any, is due. In -appeals, -where ,
a decision of reinstatement with back pay is
made, evidence on the issue or mitigation -
shall be heard separately after the reinstate-
ment decision.
H. REMEDIES: The Board may uphold, modify or
nullify the action imposed by the discipli-
nary authority. In decisions to modify the
discipline imposed, the Board may elect to:
1. reduce a termination to a suspension,
demotion or written reprimand,
2. reduce a suspension to a lesser suspen-
sion, a demotion or a written reprimand,
3. reduce a demotion to a temporary suspen-
sion or a written reprimand.
SECTION 4: CONDUCT OF HEARINGS
A. TIME OF HEARING: Hearings may be recessed
upon motion of a party or a member of the
Board with the approval of the majority of
the Board --present. No hearing shall be
conducted, in any part, between the hours of
midnight and 8 a.m.
B. ORDER OF APPEARANCE AND PRESENTATION: THe
action appealed shall be presumed to be
correct and the burden of disproving the
appropriateness of the action taken shall be
upon the person bringing the appeal. With
the burden of proof goes the right to open
and close argument to the Commission or
Board.
•
C. GENERAL PROCEDURE:
1. OATHS: All testimony or statements of
any type shall be presented'under oath.
The oath may be administered by the
presiding officer, or any notary public.
In conformity with administrative law
generally it will be necessary for
attorneys who wish to make statements to
also take the oath.
2. THE EXCLUSION OF WITNESSES: If request-
ed the procedure of "invoking the rule"
is to be followed and witnesses will be
excluded from the hearing during testi-
mony of other witnesses with instruc-
tions not to discuss the case except
with attorneys for each side. Violation
causes automatic exclusion of that
witness.
3. RULING: The Commission or Board if
requested shall deliberate in open
meeting in accordance with the open
meeting law and take action by motion
and second as in other matters.
D. EVIDENCE OF PARTIES:
1. Evidence will be admitted if it is of
that quality which responsible persons
are accustomed to rely on in the conduct
of serious affairs. It is intended that
needful and proper evidence shall be
produced conveniently, inexpensively and
speedily, while preserving the substan-
tial rights of the parties to the
proceeding. Technical rules of legal
and court procedure do not apply. The
presiding officer rules on the admissi-
bility of evidence. If any other member
of the Commission or Board conducting
the hearing so requests, the presiding
officer shall consult with the other
members on any ruling he makes or before
making the ruling and a majority vote
will resolve an disputed evidence. '
2. STIPULATION: Evidence may be stipulated
by agreement of all parties in interest
appearing at the hearing.
3. TESTIMONY SHALL BE PERTINENT: .The
testimony shall be confined to the
subject matter contained in the appeal;
in the event that any party pursues a
line of interrogation of a witness that
is clearly irrelevant, incompetent or
immaterial, the presiding officer may
terminate that line of interrogation.
If any other member of the Commission or
Board conducting the hearing so
requests, the presiding officer shall
consult with the other members on any
ruling he makes or before making the
ruling and a majority vote will resolve
any disputed evidence.
4. LIMITING NUMBER OF WITNESSES: The
presiding officer may limit the number
of witnesses appearing at' the hearing
when the testimony will be merely
cumulative. _
5. OBJECTIONS AND EXCEPTIONS: Formal
exception to the ruling of the presiding
officer is not necessary. It is suffi-
cient if the party at the time the
ruling is made or sought makes known to
the presiding officer the actions he
desires.
E. REPORTING THE HEARING
1. HEARING BEFORE THE BOARD: Testimony
adduced to the hearing before the Board
shall be recorded by tape unless the
Board determines in its discretion that
recording of the hearing by a reporter
and preparation are needed. In this
event, the testimony shall be recorded
by a reporter.
2. TRANSCRIPT: If a hearing is recorded by
a reporter engaged in or appointed by
the Board, and a copy of the transcript
or testimony is ordered by the Board or
a party, the testimony shall be trans-
cribed and the original transcript filed
with the papers in the proceeding.
Copies of the transcript of testimony of
any hearing thus reported may be pur-
chased from the reporter.
3. AVAILABILITY OF ELECTRONIC RECORDING:
The Board does not prepare transcrip-
tions for the public- of hearings record-
ed electronically on Board equipment,
but will arrange'for a party in interest
to have access to the electronic record-
ing.
4. RECORDING BY A PARTY: Subject to
availability of space, any party in
interest, at his own expense, may
arrange for a reporter to report the
hearing from an electronic recording of
the hearing.
F. EXHIBIT
1. REQUIREMENT FOR EXHIBITS: Exhibits of
documentary character shall be of a size
which does not unduly encumber the files
and records of the Commission or Board.
Except for maps and drawings, the sheets
of each exhibit shall not be more than
81 inches by 14 inches and numbered.
Exhibits shall be limited to facts which
are relevant and material to the issue _.
involved in the particular proceeding.
2. INTRODUCTION OF EXHIBITS: The original
exhibit or a certified copy of each
exhibit offered shall be tendered to the
presiding officer for making. One copy
of the exhibit shall be furnished for
use of the opposing counsel or parties.
If the exhibit is admitted into evi-='
dence, the original or certified copy.
shall be made a part of the record of
the proceeding, but leave may be granted
to withdraw and substitute a copy
therefor.
3. EXCLUDING EXHIBITS: In the event an
exhibit had been identified, objected
to, and excluded, the presiding officer
shall determine whether the party
offering the exhibit desires to withdraw
the offer, and if so, shall permit the
return of the exhibit to him. If the
excluded exhibit is not withdrawn, it
shall be given an exhibit number of
identification and be included in the
record for the purposes only of preserv-
ing the exception, together with the
ruling thereon.
4. DOCUMENTS IN CITY FILES: Any matter of
official record in the City's files and
records, if material and relevant, may
be incorporated by reference by parties
in interest, if the matter is specifi-
cally identified at the hearing so as to
put all parties on notice and if no
party in interest is deprived of the
material right of cross-examination.
5. ABSTRACTS OF DOCUMENTS: When documents
are numerous, the presiding officer may
elect to receive in evidence only those
which are typical and representative; he
may require the abstracting of relevant
data from the documents and the presen-
tation of the abstracts in the form of
an exhibit. However, before making this
requirement, this presiding officer
shall see that all parties in interest
who have made an appearance are given
the right, upon request, to examine the
documents from which the abstracts were
made..
6. EXHIBITS OFFERED AFTER HEARING CLOSED:
Unless authorized by the Board, a party
may not file an exhibit as part of the
proceeding after the hearing has been
closed. The presiding officer" shall
provide the opportunity for interest
parties to view any exhibit authorized
to be filed by a party after the hearing
has closed.
G. ARGUMENTS AND BRIEFS
1. ORAL ARGUMENTS: Oral arguments may be
allowed by the Board upon request by a,.
party, but a reasonable time limit shall
be fixed by the Board, with equal time
given to each side.
2. BRIEFS: Prior to the closing of the
hearing and upon request of the parties
in interest the Board may authorize the
presentation of briefs.
H. ACTION AFTER HEARING CONCLUDED
1. At the conclusion of testimony and other
oral argument offered at a hearing
before the Board, a hearing is ordered
closed. The Board may then close the
record or keep it open for the submis-
sion of briefs or exhibits.
2. In conformity with the Texas open
meeting law, the Board and members
thereof, in the event a decision is
postponed for the submission of briefs,
or otherwise, will only discuss and
consider this matter in open meeting
after posting notice in conformity with
State law.
3. DECISION: The decision of the Board
will be based on findings on the
evidence presented:
SECTION 5: CAUSES FOR DISCIPLINE
The following shall be cause for disciplinary
suspension, demotion or discharge against a
classified employee, if, in the opinion of the
disciplinary authority the employee:
1. has been convicted of a' felony or
misdemeanor involving moral turpitude;
2. has committed a felony or a misdemeanor
involving moral turpitude whether the
employee has been indicted or found
guilty in a criminal proceeding or not;
3. has willfully, wantonly, or through
culpable negligence, been guilty of
brutality or cruelty to an inmate or
prisoner of a City institution or to a
person in custody;
4. has violated any of the provisions of
Article VI of the City Charter or of
this Code of Rules and Regulations;
5. has been guilty of public conduct such
as to bring discredit on the public
service;
6. has violated any departmental rule or
regulation, or failed to obey any order
or direction made or given by an officer
superior to or in a supervisory capacity"
over the employee. • •
7. has been insubordinate;
8. has been under the influence of alcohol
or other intoxicating substance while on
duty;
9. is offensive in conduct or language
toward the public or City officials,
officers, or employees, which
interferes with or might reasonably be
expected to interfere with the proper
and orderly conduct of the City's
business or brings or might reasonably
be expected to bring discredit on the
public service.
10. has made a false statement or report in
order to obtain leave;
11. is incompetent or inefficient in the
performance of the duties of his/her
position;
12. has excessive absenteeism or tardiness;
13. is so inefficient in the performance of'
the duties of his/her position that
his/her performance rating, kept in
accordance with the rules of the Board,
is unsatisfactory;
14. steals, or is careless or negligent
with, property of the City;
15. bribes, or attempts to bribe any officer
or employee of the City; .
16. threatens, harasses, assaults or batters
any officer or employee of the City;
17. takes any fee, gift or other thing of
value in the course of or in connection
with his/her work for his/her personal
use from any citizens;
18. has been induced, has induced, or has
attempted to induce an officer or
employee of the City to commit an
unlawful act, or to violate any
departmental or Board rule or
regulation, or to disobey or fail to
obey any order or direction by a
superior officer;
19. has been absent from duty without"leave,
or has failed to call or notify his/her
supervisory when unable to report for
duty unless such failure to call or
report is due to no fault of the
employee, or has failed to report upon
expiration or revocation of leave or
when reason for leave has -ended;
20. has been involved in any political. -
activity prohibited by City Charter,
Ordinance or published personnel policy.
21. has knowingly, singly or in cooperation
with others, wrongfully instructed
another with respect to that person's
right of examination.
22. has knowingly furnished any. person being
examined any special or secret
information for the purpose of improving
or injuring that person's performance on
the examination.
23. has made any false report, oral or
written, with respect to his/her
employment, or has knowingly falsified
any government record, or aided another
in doing so;
24. has falsely maligned any other employee
of the City, provided that this clause
does not apply where the employee, in
good faith, prefers charges against
another employee with the view of having
the other employee brought up for
hearing before the proper tribunal of
the City.
25. has threatened to suspend, discharge, or
demote, or adversely affect another
employee for having filed a grievance,
complaint or suggestion, or for having
failed to take part in a voluntary
program or benefit.
26. has used racially discriminatory or
offensive language while on duty;
27. has been guilty of neglect of duty.
28. has misrepresented his/her physical
condition, capacity, or disability;
29. has acquired an interest in any contract
with the City;
30. has been discovered to have been
disqualified at the time of appointment;
31. has engaged in any activity or refrained
from any action so as to bring discredit
upon the City or the public service.
*SECTION 6. DISABILITY TERMINATION
Any employee who remains mentally or physically
disabled from fully and safely performing the
duties of his/her position for a total of 65
working days within a twelve-month. period is
automatically terminated from his/her employment
unless the employee shall demonstrate to the
satisfaction of the City "Physician that in
reasonable medical probability he/she will be,,
released to full duties within six calendar months
of his/her automatic disability termination date.
The City Physician's finding on the matter shall
be initially approved or rejected by the City
Manager or the Manager's designee, with final
appeal to the Civil Service Board within 30
calendar days of the Manager's or the Manager
designee's final decision.
SECTION 7. EXIGENT SUSPENSIONS
GENERALLY: An employee who has engaged in
misconduct such that his/her continued presence at
work will constitute a danger may be placed on
leave without pay immediately and without the
requirement that the disciplinary authority first
comply with Section I of this Article, such leave
without pay must be approved by the Director of
Personnel or his designee and shall not exceed (3)
calendar days without the due procedures of Sec.•I
of this Article being implemented.
SECTION 8. READY, WILLING, AND ABLE
It is the duty of each employee to promptly report
for duty ready, willing and able to safely and
fully perform the duties of his/her position.
Failure to do so shall be cause for the employee
to be sent home either with or without pay as
circumstances demand, or to the City Physician,
and may subject the employee to disciplinary
action.
ARTICLE V
TEMPORARY AND PART-TIME EMPLOYEES
SECTION 1. TEMPORARY EMPLOYEES GENERALLY
An employee hired for a fixed term or to perform a
specific task shall be treated in the same manner
as a regular employee for purposes of these rules
and regulations EXCEPT that such employee's
position and employment shall cease upon the date
designed when the appointment was made or upon
completion of the specific task which the employee
was hired to perform. The cessation of such
employment shall be automatic and unappealable.
SECTION 2. PART-TIME EMPLOYEES
Part-time employees shall be treated in the same
manner as regular employees for purposes of these
rules and regulations except that in calculating
the probationary period, actual hours of work
equal to the hours required of full-time employees
to fulfill the 6 -month probationary period must be
accumulated by the part-time employee.
r
ARTICLE VI
PROMOTIONS, LEAVES OF ABSENCE,
RESIGNATIONS AND GRIEVANCES
SECTION 1. PROMOTIONS: Promotion within the City
shall be based on efficiency, job-related knowl-
edge and experience, job performance, character,
conduct, and seniority. Vacancies that are not
filled by transfer, reinstatement, or reduction
inforce shall be filled on the basis of -merit and
other appropriate factors. No promotion from one
position to a higher one or to a position paying a
higher salary shall become final until after the
person promoted ' has demonstrated fitness by
satisfactory service for a 6 -month probationary
period as set out in Article III, Section 3 in the
new position.
SECTION 2. TRANSFERS: Transfers may be made as
follows:
A. from one position to a similar position
of the same class, grade and character
of work within a Department.
B. from a position in one Department or
Division to a similar position of the
same class or grade or lower, in another
Department or Division, providing the
Heads of the two Departments or Divi-
sions and the employees shall concur,
or, in case of conflict, by decision of
the City Manager.
C. transfers shall not be allowed where the
employee does not meet the entrance
qualifications for the position to which
transfer is being considered.
SECTION 3. LEAVES OF ABSENCE: The Department
Head shall immediately file notice with the
Secretary -Examiner --Personnel Director of any
authorized leave of absence granted for a period
in excess of 30 days, and shall again give notice
upon termination of leave and the employee's
return or failure to return to active duty.
SECTION 4. REINSTATEMENT AFTER LEAVE: Upon
expiration of an authorized leave of absence
without pay of 30 days or less, an employee who
has returned for duty shall be reinstated in his
original position.
SECTION 5. REDUCTION IN FORCE: Whenever it
becomes necessary within any major operational
division, as set forth in the organizational chart
within the annual budget ad as amended,•to reduce
the work force by specific classification within
that major operational division, lay-offs shall be
based on records of efficiency, job-related
knowledge and experience, job performance, charac-
ter, conduct, seniority and other appropriate
considerations within the classification. Prefer-
ential consideration shall be given to employees
affected by lay-offs in the filling of -vacancies.
SECTION 6. RESIGNATION
A. VOLUNTARY: Notice of voluntary resigna-
tion of a classified employee shall be
filed with the Director of Personnel,
with a copy of the resignation, if in
writing, signed by the employee and
approved by the Department Head.
B. AUTOMATIC: Employees who are absent for
3 consecutive working days prior to
receiving approval to take leave, or
when leave has been denied, or without
contacting their immediate supervisor
regarding that absence, will be consi-
dered by the City and the Board to have
resigned. The employee shall be given
written notice of such by certified mail
to his/her last address as shown in
personnel records.
SECTION'7. GRIEVANCES: A grievance appeal may be
taken on any matter which falls within the juris-
diction of the Board when, and only when, the
in-house grievance process has been followed
through final appeal to the City Manager and a
Manager's decision has been rendered. All such
appeals shall be submitted in writing to the
Secretary -Examiner --Personnel Director of the
Board and shall state the time, place and nature
of the complaint, the grievance process followed,
and the rules and regulations giving the Board
jurisdiction over the grievance.
ARTICLE VII
PERFORMANCE RATINGS
SECTION 1. The City Manager shall require each
Department and/or Division Head having classified
employees to make annual performance ratings for
each such employee on his/her anniversary date.
Such reports will be made on forms provided by the
Personnel office which will be returned to that
office immediately upon completion no later than
(1) pay period thereafter. Additional ratings
shall be made -and filed at the end of any proba-
tionary period or Board. Performance ratings
shall be filled out in their entirety before being
signed by the rated employee. Employees may make
comments on their performance ratings and may have
those comments noted in their personnel files. A
copy of the rating shall be provided to each
employee for his/her personal records.
SECTION 2. INSPECTION: Performance ratings shall
be subject to inspection only by the Board, City
Manager, or the City Manager's designee," Legal
Department, Department Head and/or Division Head
concerned, immediate supervisor and the employee
or the employee's designee.
SECTION 3. USE OF PERFORMANCE RATINGS:
A. DISCIPLINE: Failure of a classified
employee to maintain a satisfactorily".
performance rating shall be cause .for
such disciplinary action as the disci-
plinary authority may deem appropriate.
B. OTHER: Performance ratings may be used
to influence decisions on salary in-
creases, promotions, demotions. re-emp-
loyment, reinstatement, transfer and
reduction in work force.
ARTICLE VIII
DUTIES OF THE SECRETARY -EXAMINER --
PERSONNEL DIRECTOR
SECTION 1. It shall be the duty of the Secretary -
Examiner --Personnel Director, who is secretary of
the Civil Service Board, to keep the Minutes of
all proceedings of the Civil Service Board and
have charge of and be responsible for the safe
keeping of the books, records, and papers in its
office, making such certification' for those
eligible for appointment or employment as the
Civil Service Board may direct, maintain efficient
records, prepare or supervise the preparation of
all examinations and such other duties as the
Civil Service Board may. designate or as may be
necessary, not inconsistent with the Charter of
the City of Corpus Christi.
SECTION 2. Appointing authorities shall make
prompt and complete reports to the Secretary -Exam-
iner --Personnel Director of the following matters,
upon the forms prescribed by the Board, or by
letters where no form is prescribed:
A. Appointments, whether temporary, emer-
gency or permanent. -
B. Reinstatement appointments.
C. Transfers.
D. Leaves of absence.
E. Suspensions.
F. Removal from the service, and the cause
of such removal, whether resignation,
discharge or reduction in force.
G. Change in compensation.
H. Creation or abolition of any officer or
place of employment.
I. Any material changes in the duties of an
officer or employee, or in the organi-
zation of departments.
J. All other information found needful by
the Civil Service Board in the perfor-
mance of its duties and completion of
any of its various records.
Every report shall contain the name and address of
the employee affected, together with the date upon
which the action takes effect, and such other
facts and information as will make it possible for
the Civil Service Board to maintain a complete and
correct record.--
ARTICLE IX
MISCELLANEOUS PROVISIONS
SECTION 1. DISCRIMINATION: THE City shall not
engage in unconstitutionally discriminatory
employment practices. Information regarding
suspect classifications gathered by the City for
statistical and Affirmative Action purposes will
not be considered or used except as authorized by
law.
SECTION 2. RECORDS: All names of.applicants,
examination papers and questions, and certificates
must be filed in the office of the Secretary -
Examiner --Personnel Director and kept not less
than three years, unless otherwise required.
SECTION 3. CHANGE OF RULES: These rules may be
amended, repealed, or supplemented by the Civil
Service Board at any time and new rules adopted by
majority vote of the Board. Such changes shall
not become operative until approved by the City
Council.
SECTION 4. MEETING
A. The Civil Service Board shall meet as often
as necessary and/or upon call of two members,
giving notice at least seventy-two hours in
advance to the third member. Notice of
meetings shall be posted' in conformity .with
state law.
B. In any investigation or hearing conducted by
the Board, it shall have the power to sub-
poena and require the attendance of witnesses
and the production of documents pertinent to
the investigation, and to administer oaths to
such witnesses.
SECTION 5. CLASSIFICATION AND COMPENSATION:
Classification and Compensation shall be estab-
lished by authority provided through the City
Compensation and Classification Plan.
Cor/pus Christi, Texas
%ID day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 19
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY
CORPUS CHRISTI, TEXAS
The above ordinance was passed the following vote:
Luther Jones
Betty N. Turner t/
David Berlanga, Sr. 1,
Welder Brown
Leo Guerrero 1
Dr. Charles W. Kennedy /,
Joe McComb le
Frank Mendez
Mary Pat Sl avi k
18233