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Ordinance 18838 on May 21, 1985, be repealed and new Civil Service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