HomeMy WebLinkAbout03781ORDINANCE NO. 3781 AN ORDINANCE AMENDING TITLE VI OF THE 1971 CODE OF ORDINANCES BY ENACTING CHAPTER 13, CIVIL SERVICE RULES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material to be deleted; underscoring indicates new material added.) SECTION Title VI of the 1971 Code of Ordinances is hereby amended by enactment of Chapter 13 as follows: 1. CHAPTER 13 CIVIL SERVICE RULES ARTICLE I - CIVIL SERVICE COMMISSION RULE 1 - MEETINGS Regular meetings of the Commission shall be held no less than once per month at a time to be established by the Commission. Special meetings may be called at any time by the Chairman or two (2) members of the Commission, upon twenty -four (24) hours written notice to the other members or member of the Commission. The Commission shall cause to be posted, in a consp icuous location in the City Hall, a notice of su ch special meeting. Commission meet- ings shall be open to the public. RULE 2 - QUORUM; RULES OF ORDER Two (2) members of the Commission shal constitute a quorum for the transaction of business, and the concurring vote o two (2) members of the Commission is necessary to constitute an action or decide an issue. Unless otherwise specified, Roberts Rules of Order will be followed in the conduct of the business of the Commission. Rule 3 - OFFICE HOURS The office of Civil Service shall be open during the same hours as the office of City Manager. RULE 4 - COMMISSION STAFF, DUTIES The staff of the Civil Service Commission shall consist of such positions as determined by the Commission and approved by the Council. Duties of the staff shall consist of maintaining appropriate personnel records of the Commission, serving as secre- tary to the Commission, processing of applications, and designing, conducting and scoring examinations and other duties as dete by the Commission. The Commission staff shall be procured in the same manner as all other clerical employees in the classified serv RULE 5 - PERSONNEL RECORDS Records concerning application examination and eligib of applicants and candidates shall be maintained in the office of the Commission and shall be kept current for two (2) years after which time they may be destroyed or stored. All other personnel records will be maintained in the office of the Department of Per- sonnel Individual employees may examine their personnel record at any reasonable time. No personnel records or parts thereof shall be removed from the Personnel Office except with permission of the Director. ARTICLE II - APPLICATIONS; REGULATIONS RULE 6 - SUSPENSION OF APPLICATION REQUIREMENTS Any application requirement set forth in this Ar may be suspended by the Commission for the good of the serv if a vacancy exists or if a vacancy is imminent and in the opinion of the Commission there is not a sufficient numb of otherwise quali- fied applicants. RULE 7 - GENERAL QUALIFICATION (a) Applicants for original appointment in the clas sified service must be citizens of the United States, and furnish satis- factory proof thereof. (b) Applicants must be able to speak, read and write the English language when specified in the class specification for whi application is made. - 2 - (c) Applicants must furnish proof of good moral character satisfactory to the Commission. RULE 8 - RESIDENCE Residence shall not be a requirement for admittance to an examination. RULE 9 - EDUCATION Applicants for the Police and Fire Departments must have a high school education or its equivalent. approval of the City Manager may establish ments for any other class of positions as the interest of procuring the most capable quirements shall be specified in the class RULE 10 - MORAL CHARACTER The Director, with such educational require are deemed desirable in candidates. Such re- specifications. It shall be the duty of the Commission to investigate as fully as possible the moral character of all candidates, either for original examination or promotion. In case the Co mmission shall determine that the candidate is not of suitable character to fill the position applied for, the candidate shall be denied the right of examination or if already examined, the candidate's name shall be removed from the eligibility list. Pursuant to Rule 17, the candidate shall be notified and given an opportunity to be heard. The decision of the Commission shall be final and binding upon the candidate. RULE 11 - ELIGIBILITY FOR PROMOTIONAL EXAMINATIONS Applicants for promotional examinations shall meet t rements established for the class. Service qualifi shall be in conformance with the class specifications for the class applied for RULE 12 - OTHER REQUIREMENTS The Director, with the approval of the City Manager, may establish such other requirements as are necessary for the procure ment of the most capable personnel for the vario positions. - 3 - RULE 13 - ADDITIONAL REQUIREMENTS In addition to the requirements set forth above the Direc tor, with the approval of the City Manager, may establish such other service, experience and education requirements as are necessary to insure the qualifications of applicants for supervisory and skilled positions; provided, any such requirements shall not be arbitrary or discriminatory but shall be uniform and reasonably applied RULE 14 - DISCIPLINARY ACTION BAR TO ELIGIBILITY Promotional service requirements shall be computed as out- lined in Rule 25 of these Rules and such service must be clear of any suspension for a period of two years prior to the date of exami- nation; provided, however, in the case of a suspension of thirty days or less the Commission may declare that such suspension shall not ba the applicant from taking an examination; and provided, further, should any other disciplinary action have been taken against the applicant, the Commission may declare that such disciplinary action has barred the applicant from taking an examination. RULE 15 - FORMS, RECEIPT, FILING (a) Applications for original appointment shall be made on the forms furnished by the Commission in the manner directed thereon. (b) Applications shall be filed in the Civil Service Office and the Commissioner's secretary shall mark thereon the date and time of receipt of the application. (c) Applications shall be filed in the Civil Service Office at least ten (10) days prior to the date of the examina- tion, unless specific exemption is made by the Commission._ RULE 16 - REJECTION OF APPLICANTS Whether an applicant is qualified to be given an examina- tion shall be solely a matter for determination by the Commission. The following are declared to be causes for rejection of an appli- cant by the Commission, although rejection may be based upon causes other than those enumerated: - 4 - (a) The applicant is found to lack any of the minimum fications as stated in the class specifications or in these rules. (b) The applicant has made a false statement in his appli- cation or has practiced or attempted to practice deception or fraud in connection with such applica- tion. icant has solicited favors from the Director or Commissioners in connection with his search for employment or someone else has done so in his behalf. (d) The applicant has violated any of the provisions of these rules or directive of the Commission, Director of Personnel or examiner. (e) The applicant has contracted some infectious disease or has some physical ailment or defect which incapaci- tates him for the proper performance of the duties of the position to which he seeks employment. (f) The applicant has been previously discharged fro the classified service or removed from an eligible list for cause, or has resigned from the City service under charges. (g) The applicant is addicted to the habitual or excess- ive use of narcotics or intoxicating beverages (h) The applicant has a record of service in previou employment, including prior service with the City, which in the opinion of the Commission would warrant his rejection. (i) The Commission may, for the good of the service, re- ject any applicant who is immediately subject to call to military service or who could reasonably be called within the ensuing year. (j) The applicant has a record of failure to make reason- able payment of just debts, as may be evidenced by a - 5 - poor credit rating, or a history of repeated garnish- ments. (k) Any candidate or eligible may be eliminated by the Commission upon discovery by the Commission of any information about, or activity of, a candidate or eligible which would have permitted his rejection under the provisions of these rules. RULE 17 - NOTICE OF REJECTION AND APPEAL FROM REJECTION An applicant who is rejected from admission to an examina- tion shall be given written notice stating the reason for said rejec- tion and advising the applicant of his right to request a hearing within seven (7) days of receipt of notice of rejection. The Commission upon determination that the applicant has reasonable grounds for an appeal shall grant a hearing within ten (10) days of receipt of such request. A rejected applicant requesting a hearing shall be admitted to an examination pending decision of his appeal. The Commission shall render a decision within five (5) days after completion of the hearing, and said decision shall be final and binding upon the applicant. ARTICLE III - EXAMINATIONS RULE 18 - EXAMINATIONS -- GENERAL (a) All appointments and promotions in the classified service shall be made according to merit and fitness to be asc tained 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 his ability. Under all cir- cumstances the Commission or the examiner shall exercise due dili- gence to prevent collusion fraud or discrimination throughout the examination process. - 6 - (c) Examinations shall consist of the follow Written test or equivalent license issued the State of Colorado, which test shall n constitute more than 50 points, and Evaluation of education and experience as on the applica tute more than An oral examination or interview desi determine general fitness for the class, and Physical tests of strength, stamina or dex- terity, or Other forms deemed appropriate ass in In addition, promotional examinations shall take into con- sideration the quality of performance and length of employment in the service. Oral examinations shall be given pursuant to procedure to be adopted by the Commission. (d) Simplified examination procedures. For positions involving unskilled labor or domestic, attendant or custodial work, when the character or conditions of employment make it unneces to supply the needs of the service by appointments made in acco ance with the procedures described above, the Commission may, at the request of the City Manager, utilize such other procedures as it determines to be appropriate in order to meet the needs o t service while assuring the selection of such employees on th basis of merit and fitness. Examinations so given shall conform with and utilize such methods forms and techniques as approved by t City Manager. (e) Time of examinations. Regular promotional examina- tions for which there are applicants shall be given at least once a year for Fire and Police Departments and as vacancies o ccur or as the Commission shall direct in other departments. Such examinations shall be given at times to be determined by the Commission. En- trance 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 - 7 - no event more than sixty (60) days after a request for such exami- nation has been given by the City Ma nager. (f) Notice. The Commission shall give notice of the time and place for all examinations by posting same in a conspicuous place in all departments by notices published in newspapers of general circulation in the City, and by giving notice to the Colo- rado Department of Employment and such other governmental or pri- vate not for profit employment or referral agency as shall be desig- nated by the Commission. Notice shall be given at least sixty (60) days prior to any regular promotional examination and at least f teen (15) days prior to all other examinations. Each applicant shall be notified by mail by the Commission of the time and place of the examination. (g) Time limits. The time allowed applicants to com- plete any one 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. (h) Large groups may be divided. When the number of applicants is in excess of the number that can amined at one time, the Commission may provide tions at another time and place. In such case be given prior notice within a reasonable time for examination, and different but equivalent given to each group. conveniently be ex- for separate examina- the applicants shall of the time and place _ xaminations shall be (i) Applicants identified by number only. Applicant 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 - 8 - placed by the applicant in a sealed envelope and shall remain un- known 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 paper other than by his examination number. (j) Form and method. The form, manner, and method of examining all applicants shall be determined by the Commission in accordance with the provisions hereof. (k) Substa and preparation. Under the direction and supervision of the Commission, examinations s hall 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. (1 Discrimination prohibited. No aspect of any exami- nation 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 in- fluenced by such beliefs or affiliations. (m) Examiner. The Commission staff, and such other per- sons or agencies as the Commission shall authorize, may act as ex- aminers to conduct all examinations, and shall act under the direc- tion and supervision of the Commission. RULE 19 - CONDUCT OF WRITTEN EXAMINATION The examiner shall see that all examinations are carried out in accordance with the following rule and any special directives of the Commission: (a) Examinations shall b held in the presence of one (1) or more examiners. (b) Time limits for tests or complete examinations shall be announced to the candidates at the begin- ning of the examination. - 9 - (c) Writing paper furnished by the Commission shall be used exclusively by the candidates. Unless other- wise specified in the announcement, pens, pencils, shall be furnished by the candidates. (d) Books or reference or data of any kind shall not be brought into the examination room or used by any candidate unless otherwise specified in the announce ment. (e) Written tests shall be done with pen and ink unless otherwise directed by the Commission or the examiner. Mathematical work shall be shown in full. (f) All papers pertaining to a given test shall be dis- tributed at the same time. (g) Individual explanations to candidates are prohibited. (h) Communication between candidates is prohibited. (i) Candidates shall not leave the examination room with- out permission from an examiner. (j) All examination papers shall be taken up upon ex- piration of the time limit set. (k) Should a candidate withdraw from an e xamination he shall turn in all papers he has received. (1) In case of irregularity in an examination, the examiners shall make a written report thereof, to be filed with the working papers of the examination and submitted to the Commission. RULE 20 - EXAMINATION PAPERS CONFIDENTIAL No examination papers or questions shall be carried a way the applicant. All such ial shall be returned to the exami- ner upon completion of the test. No material relating to, or a part of, any examination shall be copied, reproduced, carried off or displayed to anyone with- out the permission of the Commission. No applicant shall offer or solicit aid from any other son during the course of an examination. - 10 - RULE 21 - RE- APPLICATION No person who has been examined for any class of positions and failed shall be allowed to re -apply for the same class of posi- tions for a period of six (6) months, except under extenuating cir- cumstances and within the discretion of the Commission. Applicants who have successfully passed an examination but who have not been appointed, may re -apply and be given the next examination for the purpose of increasing their grade. The highest grade currently posted and in effect on the eligibility list shal determine the applicants standing thereon. Any employee who has been discharged shall not be per- mitted to re -apply for any position to the City within two (2) years thereafter, and then only with the permission of the Commis- sion and the City Manager. RULE 22 - NOTICE OF RESULTS Immediately upon completion of grading and scoring, each applicant shall be given written notice of his final score and ran Those who failed shall be given notice of the part(s) of the examin tion on which they were disqualified and their right of appeal. RULE 23 - REVIEW AND APPEAL Applicants shall be granted seven (7) days from the date of receipt of notice of examination results to review the conduct of any promotional examination the examination, and applicants score and rank If, after review of the examination and its process, an applicant believes such examination was not conducted in accord- ance with the procedures required by these Rule or Ordinance, he may, within the same seven (7) days, request a review by the Commis- sion The request shall be written and specify the grounds upon which the review is requested. The Commission shall conduct a hear- ing within ten (10) days after receipt of such request. The Com mis- sion shall render a decision within five (5) days after the hearing, which decision shall be final and binding upon the applicant. Pend- ing the outcome of any review by the Commission no certified appo - 11 - ment may be made from the eligible list established by the exami- nation for which a review has been requested. ARTICLE IV - GRADING PROCEDURE RULE 24 - RATING a) General rating required. Examinations shall be rated on the basis of one hundred (100) points for all entrance examinations and for promotional examinations unless otherwise speci- fied by the Commission. The scores on each part of an examination shall be determined by applying recognized testing procedures. The passing point of an examination may be applied to each part of an examination - -or the combined scores on the total examination. Any such specified requirement shall be announced prior to the examination. For purposes of determining passing grades, computa- tions shall be made without credit for veteran's or seniority pre- ferences such preference being utilized only to determine relative status among those declared to be eligible General rating computation. General ratings shall be computed by the examiner and such other persons as the Commission may direct before submission to the Commission for correction and approval. The weights to be given each test and other matters affecting the computation of general ratings shall be determined the Commission. RULE 25 - SENIORITY PREFERENCE For all promotional examinations employee candidates shall receive preference in the determination of general ratings to the extent of one -half (1/2) of one (1) per cent for each complete year of service with the City. RULE 26 - VETERAN'S PREFERENCE In accordance with Article XII of the Constitution of Colorado: (a) Five points shall be added to the passing grade of each candidate on each competitive examination, ex- cept any promotional examination, who is separated - 12 - under honorable conditions, and who, other than for training purposes, (1) served in any branch of the armed forces of the United States during any period of any declared war or any undeclared war or other armed hostilities against an armed foreign enemy, or (2) served on active duty in any branch in any cam- paign or expedition for which a campaign badge is authorized. (b) Ten points shall be added to the passing grade of any candidate of each competitive examination, ex- cept promotional examination who has so served, other than for training purposes, and who, becaus of disability incurred in the line of duty, is re- ceiving monetary compensation or disability ret ired benefits by reason of public laws administered by the De artment of Defense or the Veterans Adminis- tration or any successor thereto. (c) Five points shall be added to the passing grade of any candidate of each competitive examination, ex- cept any promotional examination, who is the unre- married widow of any person who was or woul have been entitled to additional points under paragraph (a) or (b) of this Rule, or of any person who died during such service or as a result of service - connected cause while on active duty in any such branch, other than for training purpose (d) No more than a total of ten points shall be added to the passing grade of any such candidate pursuant to this Rule. (e) The certificate of the Department of Defense or of the Veterans Administration, or any successor thereto, shall be conclusive proof of service under honorable conditions or of disability or death incurred in the line of duty during such service. - 13 - (f) Any examination which is a promotional examination, but which is also open to persons other than employees for whom such appointment would be a promotion, shall be considered a promotional examination for the pur- poses of this Rule. (g) Any other provision of this Rule to the contrary not- withstanding, no person shall be entitled to the addition of points under this Rule for more than one appointment or employment with the City of Pueblo. (h) This Rule shall be in full force and effect on and after Julv 1, 1971, and shall grant veterans preference to all persons who have served in the armed forces of the United States from the Spanish- American War as of April 21, 1898, and any other declared or undeclared war, conflict, engagement, expedition, or campaign for which a campaign badge has been authorized, and who meet the requirements of service disability, or both, as provided in this Rule. This Rule shall apply to all competitive employ- ment examinations, except promotional examinations, conducted on or after such date, and it shall be in all respects self- executing. ARTICLE V - ELIGIBLE LISTS RULE 27 - ELIGIBLE REGISTER The Commission shall keep an "eligible register ". It shall contain the names, addresses, dates of examination and ratings of the candidates who have become qualified for a class of position in the Civil Service. RULE 28 - PLACEMENT ON ELIGIBLE LIST The names of successful candidates shall be placed on the eligible list for the class of positions for which they were examined in order of their ratings, the highest coming first. - 14 - RULE 29 - ELIGIBLE LISTS, DATE EFFECTIVE, EXPIRATION Eligible lists shall become effective upon certification by the Commission. Eligibles names shall be removed from the lists after two (2) years. An eligible list shall remain effective until a new eligible list is certified. Following a subsequent examination, the ratings of new eligibles shall be integrated, based upon sco with those of former eligibles whose eligibility has not expired, on a new eligible list to be certified by the Commission. Appoint- ments shall be made from the most recent certified eligible list. In the case of Police and Fire employees the eligible lists shall expire at the end of one (1) year and promotional te shall be given at least once each year. RULE 30 - REMOVAL FROM ELIGIBLE LISTS The Commission may remove any person from an eligible list for anv of the reasons listed in these Rules or for any of the following causes: (a) When the person is appointed from the list; (b) When the person is appointed to a position with a pay grade higher than that of the eligible list class of positions unless the person requests and the Commission approves retention for good and sufficient cause; (c) When the person, without valid reason, fails to report as directed for an employment interview or for an additional part or phase of an examination; (d) When the person, without valid reason, fails to comply with written instructions from the Commiss or the Director. (e) When the person, without valid reason, declines appointment to a position he previously indicated he would accept; (f) When a person, without valid reason, fails to report for dutv within two (2) weeks after referral or - 15 - upon the date agreed to by the eligible and appoint- ing authority; (g) On the expiration of the person's term on an eligible list; Upon failure without valid reason to maintain record of current address with the Commission as evidenced of mail sent to the last known address (i) From promotional lists, upon transfer of the person to another department to which the eligible list is not applicable; (j) From promotional eligible lists, upon termination of the person's employment, except by lay -off; (k) From all eligible lists, upon the person reaching mandatory retirement age. RULE 31 - APPEAL FROM REMOVAL The Commission shall advise each eligible who is removed from an eligible list, in writing, of the action specifying the reasons for such removal. Such eligible shall be allowed seven (7) days from the date of mailing the notice, to request, in writing, a review of his removal. The request shall include speci- fic grounds upon which the review is requested. The Commission shall conduct a hearing within ten (10) days after receipt of such request and shall render a decision within five (5) days after the hearing. The decision of the Commission shall be final and bind- ing upon the eligible. RULE 32 - CERTIFICATION OF ELIGIBLES, NUMBER CERTIFIED Upon receipt of a personnel requisition from the Director, the Commission shall certify in writing the name of the highest ranking eligible on the appropriate list as being qualified and competent to perform the work of the vacant position. RULE 33 - TYPES OF APPOINTMENT All vacancies in the classified service, shall be filled from lists in the order of their priority as follows: by reinstatement; - 16 - or from the following lists at the discretion of the department head; re- employment, transfer, demotion, or lists certified by the Commission. RULE 34 - REINSTATEMENT LISTS Employees in the classified service, with a satisfactory employment record, who are separated from the municipal service through no fault of their own shall be placed by the Commission on an appropriate reinstatement list in the order of their years of continuous service with the City. The computation of years of ser- vice shall be in accordance with the provisions of these Rules. The eligibility of all candidates on reinstatement lists shall expire two (2) years from the date of their separation from the municipal service. RULE 35 - RE- EMPLOYMENT LISTS Employees in the classified service with a satisfactory employment record who are voluntarily separated from the municipal service through no action of the City may be, at the request of the employee, placed by the Commission on an appropriate re- employment list for a period not to exceed two (2) years. RULE 36 - DURATION OF REINSTATEMENT LISTS The name of an employee which has been placed on a rein- statement list and has continuously remained thereon for a period of two (2) years shall, at the expiration of such period, be removed therefrom and such employee shall cease to have any civil service standing in such class; provided, the names of employees still serv- ing with the City after being replaced from a higher position shall remain on the reinstatement list indefinitely. RULE 37 - COMPUTATION OF SERVICE Wherever in these Rules, reference is made to this parti- cular Rule or wherever reference is made in general to length of service or seniority, computation of such service shall include time the employee has been on military leave, sick leave, or time off with pay due to injury in line of duty, but shall not include time the employee was on special leave without pay or absence without leave or time off for disciplinary purposes - 17 - RULE 38 - REFUSAL OF APPOINTMENT Whenever an eligible certified for appointment shall fail to accept an offer of appointment sent to him by mail to his last known address within seven days following the mailing of such appointment, he shall be deemed to have refused such appointment and his name shall be striken from the eligible list, unless he shall immediately furnish the Commission and Director with reasons satisfactory to them for his failure to Following refusal of appointment, the Commission shall certify the next highest can- didate to the department head for appointment. RULE 39 - NOTICE OF CHA14GE OF ADDRESS All persons employed by the City and all persons whose names appear on reinstatement or eligible lists shall notify the Director in writing of any change of address and telephone numbers. Any notice sent by mail to the last address of record shall be deemed sufficient legal notice. ARTICLE VI - REVISIONS; REPRESENTATIVE RULE 40 - REVISION OF RULES Any employee, group of employees, or their employee repre- sentative, officer or department head, commissioner, City Council, Director or the City Manager shall have the right to submit to the Commission a proposed revision of any part or all of this Chapte Civil Service Rules. The Commission shall, within thirty (30) days after receipt of such proposed revisions, hold a hearing and inves- tigation thereon and within a reasonable time, not to exceed sixty (60) days after said hearing, submit such proposed revision to the Council for consideration, together with such recommendations as the Commission may deem proper." SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED November 12 , 1973 BY MELVIN TAKAKI Councilman APPROVED \ C President of the Coun 'i- ATTEST: iT Clerk - 19 -