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HomeMy WebLinkAbout08386ORDINANCE NO. 8386 AN ORDINANCE AMENDING CIVIL SERVICE RULES 15, 17, 18, 22, 31 AND 39 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO NOTICE REQUIREMENTS INCLUDING NOTICE OF APPLICATION PERIODS, NOTICE OF REJECTION OF APPLICANTS, NOTICE OF EXAMINATION DATES AND RESULTS, NOTICE OF REMOVAL OF ELIGIBLE, AND REQUIREMENTS FOR DIVIDING AND EXAMINATION OF LARGE GROUPS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Civil Service Rule 15 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: [] Rule 15. Application forms; filing.Applications; forms, filing and notice. (a) Applications shall be submitted on such forms and in such manner as the Commission shall determine. (b) Applications shall be filed at the Commission office on or before the deadline date set by the Commission, unless the Commission shall extend such deadline for good cause shown. (c) Applications shall be deemed filed when received in the Commission office, and immediately on receipt shall be marked with the date and time of receipt. (d) The Commission shall give notice of the application period for an examination open to persons other than employees in the classified service of the City by advertising same in at least one newspaper of general circulation within the City, by posting on the Civil Service Department bulletin board, by electronic mail notice to all City employees with an established City electronic mail address, by posting on the City’s website and by any other means deemed appropriate by the Commission. The application period for such an open examination shall be at least twenty-one calendar days. (e) The Commission shall give notice of the application period for an examination limited to employees in the classified service of the City by posting on the Civil Service Department bulletin board, by electronic mail notice to all City employees with an established City electronic mail address, by posting on the City’s website and by any other means deemed appropriate by the Commission. The application period for such a closed examination shall be at least fourteen calendar days. SECTION 2. Civil Service Rule 17 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: Rule 17. Rejection and appeal. (a) Any applicant who is rejected from admission to an examination shall be given written notice specifying the reasons for rejection and advising the applicant that he or she may obtain review of the rejection within ten (10) days [] Notice shall be given by first class after the date of mailing of the notice. mail or by electronic mail when an electronic mail address has been provided by the applicant. (b) The Commission shall review the objections and issue a ruling thereon within ten (10) days after they are filed, provided that the Commission may in its discretion conduct a formal or informal hearing on the objections and issue its ruling within ten (10) days thereafter. (c) Such applicant shall be admitted to the examination unless the Commission rules against the applicant before the examination is given. SECTION 3. Civil Service Rule 18 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: Rule 18. Examinations; general. (a) All appointments and promotions in the classified service shall be made according to merit and fitness to be ascertained, so far as practicable by competitive examination. (b) Examinations shall be practical and shall relate to those matters which will test fairly the capacity and fitness of the candidates to discharge efficiently the duties of the class or classes for which examinations are held. Each applicant shall be treated equally and tested solely on ability. Under all circumstances the Commission or the examiner shall exercise due diligence to prevent collusion, fraud or discrimination throughout the examination process. (c) All examinations shall be given pursuant to procedures to be adopted by the Commission. Examinations may consist of any of the following or any combination of the following which validly serves the need to discover the relative fitness of applicants: (1) Written job-related aptitude or job knowledge tests; (2) Appropriate professional licenses or certificates issued by proper authorized licensing authorities; (3) Scored oral examinations or interviews designed to determine general fitness for the class; (4) Nonwritten performance tests of skills or abilities, required by the class; (5) Scored evaluations of education and experience. Such evaluations shall be objectively and uniformly applied and may be based on such factors as quantity, remoteness in time, quality and relevancy of the education and experience; (6) Physical tests of strength, agility, stamina or dexterity appropriate to the class requirements; or (7) Other forms deemed appropriate depending upon the duties of the class involved. (d) Time of Examinations. Regular promotional examinations for which there are applicants shall be given at least once a year for all ranks in the uniformed police and fire services, except for Deputy Police Chief, Police Captain, Deputy Fire Chief, Assistant Fire Chief and Fire Inspector. Regular promotional examinations for which there are applicants shall be given at least once every two (2) years for Assistant Fire Chief. Such examinations shall be given at times to be determined by the Commission. All other entrance, promotional and special examinations shall be given when necessary as determined by the Commission or at the request of the City Manager, and shall be scheduled at times determined by the Commission, but in no event more than sixty (60) days after a request for such examination has been given by the City Manager. [ (e) Notice. The Commission shall give notice of the time and place for all examinations by posting the same in a conspicuous place in all departments, by notices published in newspapers of 6-63 general circulation in the City, and by giving notice to the Colorado Department of Employment and such other governmental or private not-for-profit employment or referral agency as shall be ] of the time and date of an designated by the Commission. Notice examination to each applicant by first class mail or by shall be given electronic mail when an electronic mail address has been provided by the applicant. Notice shall be mailed at least thirty (30) days prior to any regular promotional examination and at least fifteen (15) days prior to all other The foregoing notice requirement shall not, however, be examinations. applicable with respect to any examination based on scored evaluations of [ education and experience. Each applicant shall be notified by mail by the ] Commission of the time and place of the examination. (f) Time Limits. The time allowed applicants to complete any one (1) subject and the time allowed to complete the entire examination shall be fixed by the Commission, or its designated representative conducting the examination, and shall be stated on the examination and announced prior to the commencement of the examination. Examination time will in no case be extended except upon special direction of the Commission. (g) Large Groups May Be Divided. When the number of applicants is in excess of the number that can conveniently be examined at one (1) time, the Commission may provide for separate examinations at another time and place. [ In such case, the applicants shall be given prior notice within a reasonable time of the time and place for examination, and different but equivalent examinations ] The placement of the applicants into separate shall be given to each group. groups shall be made randomly, and all separate examinations shall be conducted and concluded within a forty-eight hour period. The Commission may adopt additional safeguards deemed appropriate to assure the integrity of the examination process. (h) Applicants Identified by Number Only. Applicants shall be admitted to an examination only on presentation and surrender of the official card of notification sent them by the Commission. Upon entrance, each applicant shall receive an examination number which shall be unknown to the Commission. This number shall be placed by the applicant in a sealed envelope and shall remain unknown to the Commission until all test grades have been completed, at which time the envelopes shall be opened and examination papers identified by name. No applicant shall in any manner attempt to identify his or her paper other than by his or her examination number. (i) Form and Method. The form, manner and method of examining all applicants shall be determined by the Commission in accordance with the provisions hereof. (j) Substance and Preparation. Under the direction and supervision of the Commission, examinations shall be prepared in such manner as to secure the highest possible level of competence among the City's personnel. Toward this end, the Commission staff shall continually make studies to correlate testing procedures and position requirements, and advise the Commission of improvements needed in the examination procedure. (k) Discrimination prohibited. No aspect of any examination shall in any manner relate to the political or religious beliefs or other affiliations of the applicants. Nor shall any appointment, retention, removal or promotion in any manner be influenced by such beliefs or affiliations. (l) Examiner. The Commission staff, and such other persons or agencies as the Commission shall authorize, may act as examiners to conduct all examinations, and shall act under the direction and supervision of the Commission. SECTION 4. Civil Service Rule 22 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: Rule 22. Notice of results. Immediately after completion of grading and scoring of an examination, each candidate shall be given written notice of his or her score, rank, passing or Notice shall be given failing status and right of appeal, if any, under Rule 23. by first class mail or by electronic mail when an electronic mail address has been provided by the candidate. SECTION 5. Civil Service Rule 31 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: Rule 31. Removal and appeal. (a) Any person who is removed from an eligible list shall be given written notice of the reasons for removal, and may obtain review of the removal by filing specific written objection thereto with the Commission within ten (10) Notice shall be given by certified days after the date of mailing of the notice. mail to the person to be notified at the most current address in the Commission's records. (b) The Commission shall rule on such objection within ten (10) days after it is filed, provided that the Commission in its discretion may conduct a hearing on such objection and issue its ruling within ten (10) days thereafter. Until such ruling is issued, no appointment shall be made from the eligible list affected unless eligibility for such appointment would be unaffected by any ruling which the Commission might lawfully issue. SECTION 6. Civil Service Rule 39 of Chapter 13 of Title VI, as amended, is hereby amended to read as follows: Rule 39. Service of notice; change of address. (a) All persons, including City employees, whose names appear on any list maintained by the Commission including without limitation reinstatement, reemployment, transfer, eligible and interest lists, shall notify the Commission in writing of their mailing address, telephone number, any changes thereto and the list on which their name appears. Unless a different manner of service is otherwise specified, (b) [] any Anynotice required by these Rules shall be deemed sufficient if sent by [] first class certified mail to the person to be notified at the most current address in the Commission records. SECTION 7. This Ordinance shall become effective upon final passage and approval. INTRODUCED August 22, 2011 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: September 12, 2011 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # R-3 August 22, 2011 DEPARTMENT: CIVIL SERVICE COMMISSION TONI SELMAN, ADMINISTRATOR TITLE AN ORDINANCE AMENDING CIVIL SERVICE RULES 15, 17, 18, 22, 31 AND 39 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO NOTICE REQUIREMENTS INCLUDING NOTICE OF APPLICATION PERIODS, NOTICE OF REJECTION OF APPLICANTS, NOTICE OF EXAMINATION DATES AND RESULTS, NOTICE OF REMOVAL OF ELIGIBLES, AND REQUIREMENTS FOR DIVISION OF LARGE GROUPS FOR EXAMINATION ISSUE Should the City Council pass and approve an Ordinance to amend Civil Service Rules 15, 17, 18, 22, 31 and 39 of Chapter 13 of Title VI of the Pueblo Municipal Code? RECOMMENDATION The Civil Service Commissioners recommend approval. BACKGROUND On July 12, 2011 the Civil Service Commission held a public hearing for consideration of amendment to Civil Service Rules 15, 17, 18, 22, 31 and 39 of Chapter 13 of Title VI of the Pueblo Municipal Code. If approved, the amendments will modify provisions of the Civil Service Rules that relate to notice of application periods, rejection of applicants, examination dates and results and removal of eligibles from eligibility lists. The modifications are being made at the request of the Civil Service Administrator as current notification methods have become outdated and should be updated including service by electronic mail when possible. The requested changes will benefit administration, employees and applicants. FINANCIAL IMPACT Modification of the rules related to notification methods will result in an annual savings of approximately $500. CIVIL SERVICE COMMISSION OF THE CITY OF PUEBLO In re Proposed Amendment to Civil Service Rules 15, 17, 18, 22, 31 and 39 of Chapter 13 of Title VI of the Pueblo Municipal Code relating to notice requirements including notice of application periods, notice of rejection of applicants, notice of examination dates and results, notice of removal of eligible and requirements for dividing and examination of large groups. Report to the Pueblo City Council Pursuant to the requirements of Civil Service Rule 40, the Civil Service Commission held a public hearing on Tuesday, July 12, 2011 at 5.30 p.m. in the City Council chambers, 301 West B Street, Pueblo, Colorado, for consideration of an amendment to Civil Service Rules 15, 17, 18, 22, 31 and 39 The Commission hereby forwards the proposed amendment to the City Council for its consideration together with this report on the proposal and hearing. Summary of Hearing Toni Selman, Civil Service Administrator, spoke in favor of the amendment and provided testimony as follows with respect to the proposed rule changes and the purpose for the rule changes: Rule 15, Application Forms and Filing: • Two new sections have been added to this rule to provide a process by which classified and non classified postings are to be advertised which shall include the local newspaper, the Civil Service Department bulletin board, email to City employees email addresses and posting on the city's website. • It also sets application periods for open examinations to at least 21 calendar days and for closed examinations to at least 14 calendar days Rule 17, Rejection and Appeal. • The present rule requires that notices of rejection be mailed to applicants. The requested change adds language that allows the staff to give notice by mail or by electronic mail when an email address has been provided by the applicant. Rule 18 Section (e) Notice of Examination. • This requested change eliminates outdated language and provides staff with a process by which to notify candidates of examination by first class mail or by electronic mail when an email address has been provided by the applicant. • A limitation has been added to provide that this notification process is not applicable to those examinations scored using a training and experience evaluation as notice of an examination date would be unnecessary Section (g) Large Groups May be Divided • New language has been added to this section to provide for a process by which large groups of applicants may be divided into separate groups for examination purposes. It also provides for a specific time period for those examinations to be conducted, which is within 48 hours Rule 22, Notice of Results • New language has been added to this rule to allow the staff to notify applicants of the results of their examination by first class mail or by electronic mail when an email address has been provided by the applicant. Rule 31, Removal and Appeal • New language has been added to this rule to clarify that all notices of removal from an eligible list will continue to be sent by certified mail using the most current address noted in the Commission's records. Rule 39, Service of Notice • The language in this rule is modified to allow the staff to send other notices required by the Civil Service rules by first class mail using the most current address noted in the Commission's records rather than by using certified mail. Marisa Walker, Human Resource Director, spoke in favor of the amendment and testified that the rule changes had been reviewed by the City Manager and the administration, and same were in favor of the rule changes. No one appeared to speak in opposition to the proposed amendment. Recommendation The Commission recommends passage of the proposed amendment. The affected rules are outdated and have not, in relevant part, been changed or updated since 1986 The rule changes are a positive and needed change and will benefit the administration, employees and applicants. Signed this G • . of j , 2011 - — 401W ' .14 an Archibeque, Commissi • er • 4 G . en t y, Commissioner I It Sharon Bonner, Commissioner