Chapter 4 Civil Service
[Charter 1903, sections 306 - 327; 1914 sections 306 - 327 revised, sections 97 - 121; 1928 published, sections 97 - 121; November 6, 1934 amended, section 97; 1942 sections 97 - 121 recodified, sections 4-101 to 4-126; sections 4-101 to 4-126 amended and revised at subsequent elections; November 2, 1982 amended, section 4-101; November 4, 1986, effective July 1, 1987 repealed sections 4-102 to 4-129 and enacted in lieu sections 4-102 to 4-701; November 7, 2000 amended section 4-101; May 15, 2007, effective January 1, 2008, repealed sections 4-101 to 4-701 and enacted in lieu sections 4-101 to 4-601.]
Article 1 Merit Principle
Section 4-101 Merit Principle.
All appointments and promotions to positions in the classified service shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other objective evidence of competence. Such appointments and promotions shall provide fair and equal opportunity without regard to race, religion, gender, marital and family status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income, and such other criteria as determined by the City Council by ordinance. The goal of the merit system is a workforce that reflects the aspirations and values of the City it serves.
Article 2 Merit System
Section 4-201 Merit System.
Consistent with all applicable federal and state laws, the City Council shall provide by ordinance for the establishment, regulation, and maintenance of a merit system governing personnel policies and rules necessary for effective administration of the employees of the City’s offices, bureaus, and agencies, other than the Office of the Auditor, including but not limited to classification and pay plans, recruitment, examinations, disciplinary actions, types of appointments, relationships with employee organizations, and appeals and hearings. Such ordinances shall be consistent with the merit principles in Article 1. Employees in the Office of the Auditor shall be subject to the policies and rules established by the City Auditor under Chapter 2, Article 5 of this Charter. [Amended May 16, 2017, effective June 14, 2017.]
Article 3 Classified Service
Section 4-301 Classified Service.
The classified service in the City shall consist of all positions in the government of the City except all officers chosen by popular election or by appointment by the City Council, all administrative staff of each City Council member, employees in the Office of the Auditor, the deputies of the City Attorney, members of all boards and commissions, and all bureau directors hired after December 31, 2000. In addition, at the recommendation of the person responsible for administration of personnel issues, and with approval of Council by ordinance, employees may be excluded from classified service if they are in a classification with a major role in the formulation of policy that requires the exercise of independent judgment and are hired after the effective date of such ordinance.
The Mayor shall appoint and may remove the Chief of Police. [Amended May 16, 2017, effective June 14, 2017.]
Article 4 Civil Service Board
Section 4-401 Civil Service Board.
There shall be a Civil Service Board consisting of three members appointed by the Mayor and confirmed by Council. The appointments shall ensure that the perspectives of labor, management and the general public are reflected. Members of the board shall act impartially. The Mayor may remove any Civil Service Commissioner at any time and shall within five days of the removal notify Council of the reasons for dismissal. The term of office of each member of the Board shall be three years with the term of one Board member expiring every year. Board members may be reappointed for up to two additional terms. Each member of the board shall be a resident of the City.
Section 4-402 The Duties of the Board.
The Board shall:
1. Review classification actions alleged by employees in the classified service to have been made without rational basis, contrary to law or rule or taken for political reason(s) and as necessary, remand back to the person responsible for the administration of personnel issues for further review and action.
2. Review suspension, demotion or discharge of permanent employees in the classified service when employees allege discipline was not for cause. If an employee's allegations are found to be correct, reinstatement may be ordered under terms and conditions as may be deemed appropriate by the Board.
3. Review appeals of candidates for appointment or promotion to positions within the classified service when applicants allege that rules promulgated under this Chapter were not followed, were contrary to law or made for political reasons. If the Board finds an allegation to be correct, it shall order such actions necessary to fulfill the purpose and principles of this Chapter.
4. An appeal to Board of any of the actions listed in this subsection must be filed with the Board, in writing, within 21 days of the action or decision being appealed.
5. On at least an annual basis, the Board shall review any administrative rules and policies being considered or adopted by City Council or other City officials concerning the duties of the Board as listed in this section, and provide input to City Council and the person responsible for the administration of personnel issues.
6. The Board shall meet at least quarterly and shall report annually to City Council on its activities for the prior year.
Section 4-403 Judicial Review.
The final decision of the Board or any appeal to the Board shall be subject to review by a court of competent jurisdiction in the manner provided by statute for review of quasi-judicial decisions of lower tribunals.
Article 5 Right to Bargain Collectively
Section 4-501 Right to Bargain Collectively.
The right of City employees to bargain collectively, through representatives of their own choosing, shall not be abrogated by the City, provided that no provision of a collective bargaining agreement shall abrogate the provisions of this Charter.
Article 6 Effective Date and Rules
Section 4-601 Effective Dates and Rules.
These amendments shall take effect on January 1, 2008. All Civil Service Rules and Human Resources Administrative Rules in effect on the effective date of this Chapter 4 will remain in force until such rules are changed by the appropriate official or officials.
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