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:
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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
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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.
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(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
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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)
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any
Anynotice required by these Rules shall be deemed sufficient if sent by
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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