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HomeMy WebLinkAbout09251As amended March 26, 2018 ORDINANCE NO. 9251 AN ORDINANCE AMENDING CIVIL SERVICE RULES 15, 18 AND 31 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO ADVERTISEMENT AND IDENTIFICATION REQUIREMENTS FOR EXAMINATIONS AND NOTIFICATION REQUIREMENTS FOR REMOVAL FROM ELIGIBLE LISTS 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. - 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 and, alternatively, in an in at least one newspaper of general circulation within the City advertisement periodical acceptable to the Commission with general distribution 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 (14) calendar days. SECTION 2. 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. Notice of the time and date of an examination shall be given to each applicant by first class mail or by 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 examinations. The foregoing notice requirement shall not, however, be applicable with respect to any examination based on scored evaluations of education and experience. (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. The placement of the applicants into separate 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 \[ examination only on presentation and surrender of the official card of notification sent \] of a valid government-issued photo identification card 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 3. 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) days after the date of mailing of the notice. Notice shall be given by certified mail to the person to be notified at the most , or by electronic mail when the person current address in the Commission's records had submitted their application by and provided to the Commission an electronic mail address. (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 4. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED March 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: April 9, 2018 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 26, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Manuel Alcala, Civil Service Administrator SUBJECT: AN ORDINANCE AMENDING CIVIL SERVICE RULES 15, 18 AND 31 OF CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO ADVERTISEMENT AND IDENTIFICATION REQUIREMENTS FOR EXAMINATIONS AND NOTIFICATION REQUIREMENTS FOR REMOVAL FROM ELIGIBLE LISTS SUMMARY: Attached is an Ordinance making desired changes to Civil Service Rules 15, 18 and 31 relating to advertisement and identification requirements for examinations and notification requirements for removal from Eligible Lists. PREVIOUS COUNCIL ACTION: None BACKGROUND: See attached Civil Service Commission Report. FINANCIAL IMPLICATIONS: The amendment to Civil Service Rule 31 will result in approximately $1500 cost savings per year. BOARD/COMMISSION RECOMMENDATION: See attached Civil Service Commission Report. STAKEHOLDER PROCESS: Civil Service Rules are periodically amended and updated as necessary. The procedure for such amendment is set forth in Civil Service Rule 40 with public hearing before the Civil Service Commission culminating in a Civil Service Commission Report submitted to Council with the proposed amendments. ALTERNATIVES: City Council could elect not to pass the Ordinance, and the Civil Service Rules would continue to be applied without the desired changes. RECOMMENDATION: The Civil Service Commission and staff recommend passage and approval of the proposed Ordinance. ATTACHMENTS: Civil Service Commission Report.