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HomeMy WebLinkAbout021971 ORD - 06/21/1994AN ORDINANCE REPEALING ORDINANCES 17258, 17400, 17929, 18233, 18811, 18812, 18813, AND 18838 INCORPORATED INTO THE PRESENT CIVIL SERVICE BOARD RULES AND REGULATIONS AND ADOPTING NEW RULES AND REGULATIONS, AS RECOMMENDED BY THE CIVIL SERVICE BOARD IN THEIR MEETING OF APRIL 28, 1994; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the existing Civil Service Board Rules and Regulations adopted by the Board and approved by the City Council through Ordinance 17258 dated September 15, 1982, as subsequently amended by Ordinance 17400 on December 15, 1982; Ordinance 17929 on November 9, 1983; Ordinance 18233 on May 16, 1984, Ordinances 18811, 18812, 18813 on April 30, 1985, and Ordinance 18838 on May 21, 1985, be repealed and new Civil Service Board Rules and Regulations be adopted as recommended by the Civil Service Board in their meeting on April 28, 1994, a copy of which rules and regulations is attached hereto and made a part hereof marked Exhibit "A." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. i ce.1971 EXHIBIT A COMPLETE COPY OF CIVIL SERVICE BOARD RULES AND REGULATIONS WITH REVISIONS IN LEGISLATIVE STYLE ADOPTED BY THE CIVIL SERVICE BOARD APRIL 28, 1994 ARTICLE I: NOTIFICATION AND ADVERTISING OF POSITIONS, APPLICATIONS AND JOB QUALIFICATIONS 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 Pcraonncl Director of Human Resources who shall certify in writing the title, class, duties and compensation for such position. SECTION 2. ADVERTISING FOR POSITIONS Advertising for applicants shall be conducted in conformance with the law and as directed by the City Manager. SECTION 3. PREFERENCES A. Among equally qualified applicants, preference shall be given to City employees utilizing the following order: a. City employees currently unemployed as a result of City lay-off. b. City employees with greater seniority, and satisfactory performance. 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; c. not be otherwise barred by the rules and regulations of this Board, as set forth herein. B. RESIDENCE. Civil Service Rules and Regulations April 28, 1994 Page 2 Any person applying for City employment must residence must-hc established with the City of Corpus Christ, Q3 hao bccn approved by the City Manager. Exceptions to the City Manager. Any person applying for City employment or employed by the City shall meet all residency requirements established by Ordinance by the City Council. Exceptions to such requirements may be granted by the City Manager, as provided by Ordinance. C. PHYSICAL FITNESS OF APPLICANTS. Every job applicant must be examined by thc City Physician unless such cxam is -specifically deferred, and be certified to be phyaictialll apable of safely €trlly performing thc duties of the position for which application is being made. Upon a bona fide job offer, each applicant for a City position must be examined by a Physician designated by the City, and must be certified to be physically and mentally capable of safely and fully performing all of the essential functions of the iob being offered• if the applicant is covered by the Americans With Disabilities Act he/she must be physically and mentally capable of safely and fully performing the essential functions of the job offered with a reasonable accommodation if such a reasonable accommodation is required. D. DISQUALIFICATION: An Applicants may be disqualified who: (1) is ate found to lack any of the established requirements for the position for which thcy he/she applyies; (2) arc is determined by the City Physician designated by the City to be physically unable to safely and fully perform the essential functions saes of the position for which thcy he/she applyies, and if covered by the Americans With Disabilities Act, is determined to be unable to safely and fully perform the essential functions of the position with a reasonable accommodation and does not pose a direct threat of significant current risk of substantial harm to self or others; (3) is arc found to have been guilty of any crime reasonably likely to have an adverse job related impact; (4) have has been dismissed from employment with the City for inefficiency, misconduct, or violation of the rules and regulations of this Board or of the Civil Service Commission; (5) have has made a false statement of any fact or have has practiced or attempted to practice any deception or fraud in their his/her Civil Service Rules and Regulations April 28, 1994 Page 3 application, examination, e* in establishing thcir his/her eligibility for appointment, promotion or transfer, or inaccurately and incompletely provideding responses to post - offer medical history information requests; (6) have has documented past conduct which indicates an unreasonable risk that the applicant will be an unsatisfactory employee; or (7) any combination of the above. Disqualifications shall be certified by the Pcroonncl Director of Human Resources or the Director's designee. Any of the foregoing disqualification may be cause for striking the individual's name from an eligibility register and for voiding that person's appointment during or after the probationary period. E. There shall be no right to a hearing on the qualification of an applicant. ARTICLE II: EXAMINATION SECTION 1. EXAMINATION GENERALLY Examinationa shall be designed to €a4r1y tC3t the applic-ant' a gcncral knewledgc and j-eb knewlcdge and qua{ ieations opccific t cxaminati n shall relate to peiiticel r rcligi u3 c nvictions r affiliations of the applicant. Examinations shall be designed to fairly test the applicant's ability to safely and fully perform the essential functions of the position for which application has been made, or to perform them with reasonable accommodation if required by the Americans With Disabilities Act. Such examinations shall test both general knowledge and job knowledge and qualifications specific to the position for which application is made. Applicants requesting reasonable accommodation to take an examination shall receive such reasonable accommodation as the City is able to provide if it does not cause undue hardship as provided for in the Americans With Disabilities Act. No question on any exam shall relate to political or religious convictions or affiliations of the applicant, or to any other issue which could be the basis for unlawful discrimination. Civil Service Rules and Regulations April 28, 1994 Page 4 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 by a department head and approved by the Director of Human Resources„ shall be designed to show the familiarity of the applicants with the knowledge needed to perform the essential functions of 4t± the position to which they seek appointment. B. ORAL INTERVIEW. This part, when required by City Policy and approved by the Director of Human Resources„ shall be to determine an applicant's include a personal interview with for pooitione—..tom ability to deal with others, ee meet the public, or personal qualifications required to perform the essential functions of the position for which he/she applied. `o dotcrmincd. An oral examination may also be used, in cxaminationa either where a written test is unnecessary or impracticable, or as a reasonable accommodation. C. PERFORMANCE TEST. This part, when required by the department head and approved by the Director of Human Resources„ shall include such tests of performance as will determine the ability and skill of applicants to perform the essential functions work involved in the position to which they seek employment. D. PHYSICAL AND HEALTH TESTS. This part shall consist of the furnishing et in€snmatien by the applicant rcgarding his health and physicai cend-itiee. 1-t shall also consist of an examination of thc applicant by thc City Physician or a epccial expertise is eccdcd, any Such examination to be rcportcd n -an approved €erm. ( Gee Art. 1, Cccti n 4.C.) After an offer of employment has been made, and as a condition of employment, each applicant shall be examined by physician(s) designated by the City to determine the applicant's ability to safely and fully perform the essential functions of the lob for which he/she has applied, or to perform them with reasonable accommodation if required by the Americans With Disabilities Act, and to determine whether a direct threat of significant current risk of substantial harm to himself, herself or others exists. Results of such examination shall be reported to the Department of Human Resources on its approved form. As part of the medical examination an applicant may be required to see a specialist Civil Service Rules and Regulations April 28, 1994 Page 5 and participate in functional capacities tests as deemed necessary by the Director of Human Resources. If the applicant is accepted for employment related medical information shall be kept in a confidential file separate from the employee's employment record. 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. DIRECTION OF EXAMINATIONS Preparation, conduct and evaluation of all written examinations shall be under the general authority and direction of the Personnel Department Director of Human Resources Department, 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 atatcmcnt iob analysis questionnaire on 04 the physical and mental reouirements of each classified position in their department which identifies the essential functions of that specific position. It shall be the responsibility of the Pcrsonncl Human Resources Department to finalize and approve job descriptions for all Classified positions within the City from ouch statcmcnta lob analysis questionnaires prior to the position being advertised. Civil Service Rules and Regulations April 28, 1994 Page 6 SECTION 5. REVIEW The Civil Service Board, or Civil Service Board designee, may hear and inquire into any material violation of the provisions of this Article which is brought to its attention through the Director of Human Resources within 33 10 days of the examination. Where a violation is proven to the satisfaction of the Civil Service Board or Civil Service Board designee, the Civil Service Board or Civil Service Board designee may: 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. Aftcr 15 days thc rcault of thc cxaminatioa 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 Pcroonncl Director of Human Resources, or h4e designee, shall refer a sufficient number of qualified applicants for classified positions to the appointing authority for consideration. Appointment to positions shall be made pursuant to standard instruction issued by the City Manager. The Pcraonncl Director of Human Resources, or hip designee, shall determine that the appointing authority has given due consideration to such factors as job related qualifications, employment history, applicable affirmative action policies, and preferences, and reasonable accommodation. The Pcroonncl Director of Human Resources, or hip designee, shall certify all appointments to the Director of Finance in order that the appointee may be placed on the payroll. Civil Service Rules and Regulations April 28, 1994 Page 7 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 providcd shall be six calendar months of full-time service for full-time employees, except that full-time employees in the Police and Fire Dispatcher job classification shall have a probationary period of twelve (12) calendar months. 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 oix month requirement probationary period. In the situation where the cumulative number of days of breaks in service exceeds 45 cumulative working days, calculation of the oix month probationary period shall begin anew as of the first day of return to work after the 45th working day missed. In any instance where an employee's pix month probationary period is unsatisfactory, the department head and the employee may agree, with the written approval of the Pcr3onncl Director of Human Resources, 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, INVOLUNTARY 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 Subsection I, of this section, abovc, to the disciplinary authority; and Civil Service Rules and Regulations April 28, 1994 Page 8 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 p.._rnn' file in the Human Resources Department. SECTION 2. DISCIPLINARY SUSPENSIONS AND DEMOTIONS Temporary disciplinary 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 classified 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 4 3, below. SECTION 3. APPEAL A. NOTICE: t—isee4—aAppeal of disciplinary suspension, termination or demotion must be given in writing by the employee or the employee's designee to the Director of Human Resources within 10 calendar days after such written notice of suspension, termination or demotion is given to the employee. If the 10th calendar day falls on a Saturday, Sunday, or designated City holiday, the notice of appeal may be filed with the Director of Human Resources on the next day following the weekend or City designated holiday. Requests of the employee, or the employee's designee, to subpoena witnesses or documents for the hearing must be received with the appeal notice or be provided within 5 working days following the date of the notice. Failure to make such requests in a timely manner may result in witnesses or documents not being present at the hearing. B. HEARING. If the Pcroonncl Director of Human Resources determines that an appeal notice of the appeal has been timely filed, the Board shall commcncc the Director of Human Resources shall schedule a hearing within 44 20 working days thereafter. - °hall havc waived surd- time limit in writing. The disciplinary action will not be voided by a failure to commence the hearing by a particular date unless otherwise determined at the discretion of the Civil Service Board. Hearings may be recessed and continued from time to time. Civil Service Rules and Regulations April 28, 1994 Page 9 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. Wethie 19 calendar days Concluded thc Board shall endeav thc appeal. Such decia e still dctetmine the truth f each aftcr thc hearing is hearing. Upon a tic vete, the appeal shall be conoidcrcd denied grantcd. DECISION. The Board's decision will determine the truth of each charge and the remedy decided upon. Decisions shall be based upon maioritv vote of the Board members present at the hearing. After the hearing is concluded, the Board shall announce a decision on the appeal. Upon a tie vote, the appeal shall be considered granted. E. FINALITY. In decision of the City Council if ordinance. all appeals of disciplinary actions, the Board shall be final unless appealed to the expressly permitted by the City Charter or 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 of mitigation shall be heard separately after the reinstatement decision. H. REMEDIES. The Board may uphold, modify or nullify the action imposed by the disciplinary 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 suspension, a demotion or a written reprimand. 3. reduce a demotion to a temporary suspension or a written reprimand. Civil Service Rules and Regulations April 28, 1994 Page 10 SECTION 4. CONDUCT OF HEARINGS A. TINE 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 BION. The action appealed the approp-riaccncss of the actiren taken shall be upon the B. BURDEN OF PROOF AND ORDER OF APPEARANCE AND PRESENTATION. The City shall have the burden to prove the truth of the misconduct. The burden to prove collateral defenses, such as excessive discipline, discrimination or procedural error, shall be on the appellant. The burden of proof is a preponderance of the evidence presented at the hearing. With the burden of proof goes the right to open and close arguments to the 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 requested, the procedure of "invoking the rule" is to be followed and witnesses will be excluded from the hearing during testimony of other witnesses with instructions not to discuss the case except with attorneys for each side. Violation causes automatic exclusion of that witness. 3. RULING. The Commicsion 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, Civil Service Rules and Regulations April 28, 1994 Page 11 inexpensively and speedily, while preserving the substantial rights of the parties to the proceeding. Technical rules of legal and court procedure do not apply. The presiding officer rules on the admissibility of evidence. If any other member of the CommiSaion or Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made hc makco or before making the ruling and a majority vote will resolve any 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 Commiasion or Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made hc makcs 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 sufficient if the party at the time the ruling is made or sought makes known to the presiding officer the actiona he dcoirca actions desired. E. REPORTING THE HEARING 1. HEARING BEFORE THE BOARD. Tcstimony adduccd to &The hearing bcforc 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 transcribed and the original transcript filed with the papers in the Civil Service Rules and Regulations April 28, 1994 Page 12 proceeding. Copies of the transcript of testimony of any hearing thus reported may be purchased from the reporter. 3. AVAILABILITY OF ELECTRONIC RECORDING. The Board does not prepare transcriptions for the public of hearings recorded electronically on Board equipment, but will arrange for a party in interest to have access to the electronic recording. 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 8 1/2 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 marking. One copy of the exhibit shall be furnished for use of the opposing counsel or parties. If the exhibit is admitted into evidence, 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 has 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 preserving 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 specifically identified at the Civil Service Rules and Regulations April 28, 1994 Page 13 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 and may require the abstracting of relevant data from the documents and the presentation 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 interested 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 request of the parties in interest, the Board authorize the presentation of briefs. H. ACTION AFTER HEARING CONCLUDED 1. At the conclusion of testimony and other offered at a hearing before the Board, ordered closed. The Board may then close keep it open for the submission of briefs upon may oral argument a hearing is the record or and exhibits. 2. In conformity with the Texas Open Meetings 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. Civil Service Rules and Regulations April 28, 1994 Page 14 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 Articic VI of the City the City's code of ethics or these Rules and Regulations; 5 has been guilty of public conduct such as to bring discredit on the public service; 6. has violated any City Policy, 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 reasonable 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 abocntccism or tardiness or excessive unexcused absences; Civil Service Rules and Regulations April 28, 1994 Page 15 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 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 an order of direction by a superior officer; 19. has been absent from duty without leave, or has failed to call or notify his/her supervisor 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, singularly or in cooperation with others, wrongfully instructed another in 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 the hearing before the proper tribunal of the City; Civil Service Rules and Regulations April 28, 1994 Page 16 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; 32. fails to report to the City's designated Physician or other medical practitioner at the time required by written instruction from a Department Head or failurc to rcport to another mcdi al practitioncr or as directed in writing by the City's designated Physician; 33. violation of any published safety rule promulgated or approved by the Department of Safcty and Risk Management. employment will be ,.utomatically terminated from _mpleymc t c_ plus 15 days -er other leave has been emhausecd. Thereafter, for a c y may cmpl ymcnt, after proper mc_' a3 confirmation -of ability t w rk thanh_,. paoocd oincc termini.tion of employment, such Civil Service Rules and Regulations April 28, 1994 Page 17 SECTION 7. EXICENT SUEPENEIONG GENERALLY. An cmpleyce whe has engaged in mioconduct ouch that of Personnel, -er his designee, and shall net exceed (3) calendar implemented. employee to be sent home ether with or without pay or, aa 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, has no Civil Service status under the Civil Service Board Rules and Regulations and may be terminated at will at any time during the temporary period of employment. shall be treated in the same rcgulati ns EXCEPT that aach cmpIeyee's pesitien and employment hircd to perform. Civil Service Rules and Regulations April 28, 1994 Page 18 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 C month probationary period, as provided for in Article III, Section 3, must be accumulated by the part-time employee. For the purposes of this Section, 177.33 hours are equal to one month of work. ARTICLE VI: PROMOTIONS, VOLUNTARY REASSIGNMENTS, LEAVES OF ABSENCE, RESIGNATIONS AND GRIEVANCES SECTION 1. PROMOTION Promotions within the City shall be based on efficiency, job- related knowledge and experience, job performance, character, conduct and seniority. Vacancies that are not filled by reasonable accommodation, alternate assignment, transfer, reinstatement or reduction in force 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 the person promoted has demonstrated fitness by oatiafactory satisfactorily completing the probationary period in the new position as set out in Article III, Section 3., in the new poaition. SECTION 2. VOLUNTARY REASSIGNMENT The voluntary reassignment of an employee to a lower graded position with or without a corresponding reduction in pay as a reasonable accommodation under the Americans With Disabilities Act is not a demotion and is not appealable to the Civil Service Board. SECTION 2. 3. 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; Civil Service Rules and Regulations April 28, 1994 Page 19 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 Divisions 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 cntrancc minimum lob qualifications for the position to which transfer is being considered and cannot safely and fully perform the essential functions of the position, even with reasonable accommodation if required by the Americans With Disabilities Act. SECTION 3-4. LEAVES OF ABSENCE The Department Head shall Pcrsonncl Director of absence granted _ give notice upon termination failure to return. to activc Human immediately Resources of of leave and duty SECTION 4-: 5. REINSTATEMENT AFTER LEAVE file notice with the any authorized leave of , and shall again the employee's return or dayo or less, an cmpleyce whe has returned for duty shall bo An employee who returns to duty from an authorized leave shall be returned to City employment pursuant to City Policy. SECTION 5-6. REDUCTION IN FORCE Whenever it becomes necessary within any major operational division, as set forth in the organizational chart within the annual budget 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, character, conduct, seniority and other appropriate considerations within the classification. Preferential consideration shall be given to employees affected by lay-offs in the filling of vacancies. Civil Service Rules and Regulations April 28, 1994 Page 20 SECTION 6 7. RESIGNATION A. VOLUNTARY. Notice of voluntary resignation of a classified employee shall be filed with the Director of Pcr3onncl Human Resources, with a copy of the resignation, if in writing, signed by the employee and approved by the Department Head and City Manager, or the City Manager's designee. B. AUTOMATIC. Employees who are absent for three (3) consecutive working days without prior to rccciving approval to take leave, or when leave has been denied, or without contacting their supervisor regarding that absence, will be considered 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 personncl Human Resources' records. SECTION-- 8. GRIEVANCES s and regulations giving the Board jurisdiction evcr the gricvancc. The City Manager shall establish an in-house grievance process concerning wages hours of employment or conditions of work which includes, but is not limited to appointment and promotion, transfer, voluntary demotion leave of absence, reinstatement after leave, reduction -in -force voluntary and automatic resignations, performance ratings, reasonable accommodations made pursuant to the Americans With Disabilities Act, and classification and compensation. Such grievances are not subject to appeal and review of the Civil Service Board. ARTICLE VII: PERFORMANCE RATINGS SECTION 1. SCHEDULING AND PROCEDURE 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 Pcr3onncl Human Resources Civil Service Rules and Regulations April 28, 1994 Page 21 Department Offiee which will be returned to that Department office immediately upon completion no later than one (1) pay period thereafter. Additional ratings shall be made and filed at the end of any probationary 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 which shall be and may have these commcnta noted in their personnel files maintained in the Human Resources Department. A copy of the rating shall be provided to each employee for his/her personal records. SECTION 2. INSPECTION Performance ratings shall be subject Board, City Manager, or the City Department, Department Head and/or immediate supervisor and the employee SECTION 3. USE OF PERFORMANCE RATINGS to inspection only by the Manager's designee, Legal Division Head concerned, or the employee's designee. A. DISCIPLINE: Failure of a classified employee to maintain a satisfactory performance rating shall be cause for such disciplinary action as the disciplinary authority may deem appropriate. B. OTHER: Performance ratings may be used to in- fluence decisions on salary increases, promotions, demotions, re-employment, reinstatement, transfer and reduction in work force. ARTICLE VIII: DUTIES OF THE PERSONNEL HUMAN RESOURCES DIRECTOR SECTION 1. DUTIES It shall be the duty of the Personnel Director of Human Resources, 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. Civil Service Rules and Regulations April 28, 1994 Page 22 SECTION 2, REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO PERSONNEL HUMAN RESOURCES DIRECTOR Appointing authorities shall make prompt and complete reports to the Pcrsonncl Director of Human Resources on the following matters, upon thc forms prescribed by thc Hoard, or by lcttcra a. Appointments, whether temporary, emergency 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 office or place of employment. i. Any material changes in the duties of an officer or employee, or in the organization of departments. All other information found needful by the Civil Service Board in the performance of its duties and completion of any of its various records. J• Every record 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 classifi- cations gathered by the City for statistical and Affirmative Action purposes will not be considered or used except as authorized by law. Civil Service Rules and Regulations April 28, 1994 Page 23 SECTION 2. RECORDS All names of applicants, examination papers and questions, and certificates must be filed in the office Human Resources Department of the Pcroonncl Dircctor and kept not less than three years, unless otherwise required. Medical information shall be kept in confidential files separate from employee Human Resources records. 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 lease 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 subpoena 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 established by authority provided through the City Compensation and Classification Plan. Prepared by the Human Resources Department April 28, 1994 Civil Service Rules and Regulations April 28, 1994 Page 24 APPEND -1-31E--1 SECTION I. That thc Carpus Christi City Codc, Chaptcr 39, Personnel, is hereby amended by adding a new Scction 39 19, o = • mploycc3, to road ao followo. ohall, however, reside in such a 1 cation ao t be able t (b) Thc City Manager is ar-theris-cd to permit cxccptiono to the residency requirements in this section pursuant to writtcn ahall include but not be limited t con3idcrati no f the rcqu thc applicant than upon city cmpleyccs gcncrally, and the importance of thc panticu1ar applicant's job t thc public during a civil emergency. i all ter hardahi (c) Thc City Managcr 3ha11 c3liah a time period not exceeding Six (6-) months within which thc requirements of newly prom tcd offiecrs, cmpIoycce and officcro whooe otatuo brings them under this section. (d) As uscd in this ;ectien, "reside" means r utinc bodily tcmporary dcpantu-res a}ich as vacation or businc3a trips, and night prcccding a workday. (c) As uscd in this 3cction, " rdina traffic on weekdays, excluding holidays, based up n the employee's arrival at City hall at 8:00 a.m. In caoc of diaputc ovcr a particular r-csidcnec, thc City Managcr Shall That the foregoing ordinance was rg d for the first time and passed to its second reading on this the JLf day of CJ41K/, 19 �t , by the following vote: IT Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinance s passed finally on this the (l 19 vl4 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty l�lr CL11, Jean Longoria CW PASSED AND APPROVED, this the 19 (14 . City Secretary APPROVED: JAMES R. By 21 DAY OF "—I Cvu,_. Edward A. Martin CtAr Dr. David McNichols David Noyola Clif Moss read day apt --C for the second time and of 3Llili Edward A. Martin Dr. David McNichols David Noyola Clif Moss ehrti— day of MAYOR THE CIIiTYI OF , 19 1 `i BRAY, JR., CITY ATTORNEY stant City Attorney \forme\044 0 1971 RPUS CHRISTI