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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