Section 6.1. Director - Appointment; qualifications
The director of the personnel department shall be selected by the city manager
on the basis of his training, experience, qualifications, and fitness in personnel
administration.
Section 6.2. Same - Powers and duties
The Personnel Director shall have authority and be required to:
(1) Hold competitive examinations for appointments in the classified service.
(2) Give publicity to all announcements of competitive examinations.
(3) Establish training and educational programs for municipal employees.
(4) Report, at least annually, to the personnel board regarding the operation
of the personnel provisions.
(5) Prepare and recommend to the city manager and the personnel board such rules
as he may consider appropriate to carry out the provisions of this article.
(6) Keep or supervise the keeping of such employee records as may be required
by the merit system rules.
(7) Perform such other duties as may be required by this Charter, by ordinance,
or by the city manager.
Section 6.3. Personnel board - Generally
The council shall appoint a personnel board of nine members who shall designate
one member as chairman. Members shall serve without compensation. This board
shall be an independent agency deriving its power from the council. Members
of the board shall be qualified voters of the city and shall have resided in
the city for at least two years immediately prior to their appointment; they
shall be required to take the oath prescribed for city officers, including a
statement therein that they are firm believers in the merit system for city
employment. Official political party committeemen shall be ineligible to serve
as members of the board.
Approved by vote of the people June 11, 1974.
Section 6.4. Same - Powers and duties
The board shall have power and shall be required to:
(1) Advise the council, the city manager, and the director on problems concerning
personnel administration.
(2) Make any investigation which it may consider desirable concerning the administration
of personnel in the municipal service, and report to the council at least once
a year its findings, conclusions and recommendations.
(3) Approve merit system rules.
(4) Hear appeals from disciplinary action.
(5) Perform such other duties with reference to personnel administration not
inconsistent with this Charter, as the council may require by ordinance.
Section 6.5. Classification of personnel
The administrative service of the city is hereby divided into classified and
unclassified services as follows:
(1) The unclassified service shall include the City Manager, administrative
assistants, all directors of departments, members of appointive commissions
and boards, municipal court judge, city attorneys and assistants, City Clerk,
executive assistant to the City Manager, probationary employees, financial,
research, legal, and other technical personnel employed on special occasions
and those who may be employed in an advisory capacity.
(2) The classified service shall comprise all positions not specifically included
by this Charter in the unclassified service. All positions in the classified
service, except for temporary emergency appointments, shall be filled only
in accordance with the merit system rules provided for in this article.
(3) Managerial positions within the classified service immediately beneath
an unclassified department director may be changed to the unclassified service
upon the written petition of all of the employees currently holding such positions
within the department and the agreement of the City Manager. Following such
change, the formerly classified service positions shall thereafter be included
within the unclassified service as to all current and future employees holding
the position. A list of positions so changed from the classified to the unclassified
service shall be kept on file with the City Clerk.
Approved by vote of the people April 5, 2005.
Section 6.6. Merit system rules
The personnel board shall hold a public hearing on the rules recommended by
the personnel director. After such hearing, the board shall approve or reject
the rules wholly or in part, or may modify them and approve them as so modified.
The rules approved by the board shall then be submitted to the council and
shall become effective when approved by the council. The rules shall include
provisions for:
(1) Open competitive tests to ascertain the relative fitness of all applicants
for appointments in the classified service, which tests shall be practical,
shall relate to matters which fairly measure the relative fitness of applicants
to discharge the duties of the positions which they seek, and shall take into
account character, training and experience.
(2) Standardization and classification of all positions in the classified service
made on the basis of duties and responsibility, and so ordered as to promote
the filling of the higher grades, so far as practicable, through promotion.
(3) Certification to the appointing authority of eligible persons in order
or rank for the purpose of filling vacancies.
(4) Temporary appointments to meet emergencies, in the absence of an eligible
list.
(5) Cause of discharge from the city service.
(6) A credit of five points in favor of applicants for appointment to the classified
service who can submit documentary proof of having served in the armed forces
of the United States in time of war, or in any expedition of the armed forces
of the United States, and who have been honorably discharged therefrom. This
credit shall apply to entrance examinations of those applicants who have received
passing grades.
Section 6.7. Application register
There shall be kept in the office of the personnel director an application
register in which shall be entered the names and addresses and the order and
date of application of all applications for the classified service, and the
offices or employments which they seek. All applications shall be upon forms
approved by the personnel board.
Section 6.8. Retirement plans
The scope or extent of pension benefits for city employees shall not be reduced
by action of the City for those vested or receiving payments under a pension
system, or for those who are members of a pension system at the time the reduction
is effective, unless the reduction has been submitted to and adopted by the
voters of the city.
Section 6.9. Present employees continued in office
All persons (other than temporary or emergency employees) who, at the time
this Charter is adopted by vote of the people, are holding positions hereby
placed in the classified service shall, on the basis of qualification, meritorious
service and necessity, continue to hold such positions as though appointed
in accordance with the provisions hereof.
Section 6.10. Rights of employees
Any employee under the classified service who shall be discharged or reduced
in rank or compensation shall be presented with written reasons for such discharge
or reduction within five days thereafter. The employee shall have the privilege
of a public hearing before the personnel board. The board shall submit its
recommendations to the city manager, who may at his discretion reinstate the
employee or restore him to his former rank or compensation provided the decision
of the city manager shall be supported by competent and substantial evidence
which decision shall be reduced to writing stating the reasons therefor. In
the event the city manager shall reverse or modify the recommendation of the
board, the city manager shall file with the board in writing the reasons for
such reversal or modification.
Approved by the vote of the people April 4, 1978.
Section 6.11. Prohibitions
No person in a classified service or seeking admission thereto, shall be appointed,
promoted, reduced, removed, advanced, or retarded on any basis for any reason
other than qualifications, merit, and fitness for the service or lack thereof.
Any such actions shall be taken wholly without favoritism or discrimination
and on no basis other than provided herein. No person shall willingly or corruptly
make any false statement, certificate, mark, rating, or report in regard to
any test, certification, or appointment held or made under the personnel provisions
of this Charter, or in any manner commit or attempt to commit any fraud preventing
the impartial execution of such personnel provisions or other rules and regulations
made thereunder. No appointive salaried officer or employee of the city shall
continue in his position after becoming a candidate for nomination or election
to any public office. No person seeking appointment to, or promotion in, the
classified service shall either directly or indirectly give, promise, render,
or pay any money, service, or other valuable thing to any person for, or on
account of, or in connection with, his test, appointment, proposed appointment,
promotion, or proposed promotion. No appointive salaried officer or employee
of the city shall make any monetary contribution to the campaign of any candidate
for city office. No appointive salaried officer or employee of the city shall
during the hours when he is on duty engage in any form of political activity
calculated to favor or improve the chances of any political party or any person
seeking or attempting to hold political office, nor shall he engage in any
political activity when not on duty to such an extent that his efficiency during
working hours will be impaired or that he will be tardy or absent from his
work. No appointive salaried officer or employee of the city shall directly
or indirectly solicit or receive subscriptions or contributions of money for
any candidate for city office, a campaign committee for any such candidate
or on behalf of any person or committee when there is an election issue which
involves an election to be held by the city or by the county clerk on behalf
of the city. However, the prohibition against the receipt of contributions
shall not apply to any such employee who holds an office in a political organization
and receives money in the course of his duties in said office. No appointive
salaried officer of employee of the city shall solicit any monetary contributions
to the campaign funds of any candidate for office or to the campaign funds
of any political organization when such funds are to be used to support candidates
directly or indirectly. No appointive salaried officer or employee of the city
shall use his official title or job designation in the form of any political
activity calculated to favor or improve the chances of any political candidate
or any person seeking or attempting to hold political office. Nothing in this
section shall be construed to prevent the exercise of the rights of the appointive
salaried officers or employees as citizens to express their opinions and to
cast their votes.
Approved by vote of the people April 4, 1978.
Section 6.12. Violations
Any person who shall willfully or through culpable negligence violate or conspire
to violate any provision of this article or of any ordinance made pursuant
thereto for which no punishment is provided therein, shall be guilty of a misdemeanor,
and upon conviction thereof in any court of competent jurisdiction, shall be
punished by a fine of not less than one hundred dollars and not more than five
hundred dollars. The conviction of any employee of any such offense shall operate
automatically to terminate his service and to vacate his position. Any employee
so removed from the service shall not be reinstated, re-employed, reappointed,
or be permitted to re-enter the service of the city.