Charter: Article VI
Department of Personnel (cont.)

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.


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