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1164 ORD CREATING CIVIL SERVICE SYSTEM FOR FIREMEN AND POLICEMEN IN COPw~ . , 0MIN'AT`'CE NG. 3~` - CI~A''1.I~(`r A CIV1L SI;: VICE SXS`'Lt,: FO:t F1.P-11,Eid A10 FOLT(F- IT IT IK Tn CITY CF Pk.-Cls ; DEFIivI,~G ESTxBLISH- IIuG A FIHE.21' S 411D DOLICEi•~M' S CIVIL S1KRV1CE C01:21<IS3IUTd A1v`D PWVIDIIJG FO~t ITc- PO'~ ZHS AiM DU"1'IES; ESTAbL,:LS?-ill.G A I'iI~',ECTOi=t OF FI1.Ei:E1L ' S P.ND POLICEI:~f11'S CNIL SZ-.VICt~ 1~IZ FTvIDIT~G F'01~. I1IS PO~~E~S :~A?Ti DUTIES; P:~OVIDIP':';r FCi~ TI-L'. STAIL7S OF Ptt~,S-:T ~+T"I.'FLO~ES; PP.O~rIDII:~3 FOt{ 0!'FICE SPaCE r0i3 THE CC,`DUCi OF ThE BUSINESS OF' '1HE COi"ti:TSSlOh'; P'-QVTDIIVG FOR THE 'FII,1hG CF CIVIL SUI"i'S; PiZC7VIDING FOIR' Tf -E, Plii3I,ISI111~is OF Z'I-iE; t2ULFS Ai~D iiECUL:'':lIui~S OF Tk~ COI,2~ISSI01'~; PROHIBII'iP~G CE-~TAII~ POLITICAL AC- TNITIES OF EliPLOYEr;S Ilv TFE, CLASSIFIED Sr,RVICE; PitIJHIBII'IIvG STRIIK- IIVG BY E11TLO~'r~=~S TT~: THE CLASSIFIED SE'_.:VICE; P1.10VIDING FC:~ PETIALTIES FOR. FiilLti _-K, 0=~ IR311SAL `i'0 CAHIRLY JliI' TES P _Xti'ISIOI:S OF THIS ORDIiWXE; P.Ro- VIDIIN-G F`'JR y SAVTR`; CLAUSE; AND P1:0VTDING F'OR THE REPEAL ANO Ai,.ENDPvENT OF Tc:IS GiiDIh'i'livCL ai~D REPEALlN~7 ALI, CGNFLICiI:~G 0hLI~`~ANCES, ~u,D D?.-'`Gi,!:=t.;;k--r ~)hereas, a majority of tize qualified vcters oz the City of Paris on the 25th day of Nove,,iiber ~ 19adopted the pro- visio::s of Vernon's annotated Civil Statutes of ttie State oi iexas, Artrycle 1269 rv`, (House Bil.l No. 34., SUth Legislattxe., 1~eEular Session) now., therefore., BE IT GRDAIIM rY TIiL CITY COU1,1CIL CF T?' CITY 07' PtRIS: AiTICLE I. DEFINIiIGYS SECTIU 1. "Chief Executive'' means the officer of the city having the final authority to make the anpointrnent to the position to be filled, being the iv:ayor . , . SECTION 2. "Civil 5ervice Law" mean s Chanter 325., Acts of Texas LeEislature ;tiegular Session, 1947 , whach is article 1269 i~ of the IZevised Civil Statutes oi the State of Texas, (I;ouse Bi11 No. 34, , 50th ieSislature., i-teSular Sessian). 51"CTIOi1 3, "Classified Service" means the members of the Fire Departrnent and the Police Department as defined under "Fireman" aiid "Po? iceman" below; PitiOVIDED., that the chief or head of the Fire Departnent, and the chief or head of the Police Department shall ~wt be included in the classified service. SECTIGNJ 4. "Cornmission" raeans the Firemenlls and Poli.cernen" s Civil Service Coramission of the city. SECTl:;Pd 5. "Department head" means the chief or head of the Fire Departn:ent and/or the chief or head of the 'Police Department. SECTION 6. "Director" means the Director of Firemenlls and Policemen's Civil Service designated by the Firemen' s and Policemen' s Civil Service Comrrdssion to act in the capacity of Secretary to the Commi.ssian and Director of Civil Service. SECTION 7. "Fireman" means one who ensaf,es in the fightine and extinguishraent of fires. SECTION 8. "Policeman" means one UAio ent;a ;es in the actual en~orement of laws and the maintenance of public order. -1- SECTIGI1 9. "Public hearing" means an opportunity given after public notice af at least fife days for any citizen or partY interested to appeal and be heard at reasonable length on the matter involved. AR,TICLE II. OPERATING OF FIRE;vEN' S AiJD POLICE121P s CIVIL SEfivICE COT;?ISSION SECTIUN 10. Creation. In accordance z^aith the Civil Service Law which was adopted by the qualified voters of this cityi there is hereby established a civil service svstern for firemen and policemen; and pursuant theretop there is hereby established a7Firemen's and Policemen' s Civi7_ Service Commission which shall consist of three menbers. SECTiOi! 11. Appointment and Vacancies. 1,iembers of the Cor_unission shall be appointed by the chief executive of the city, and, such appointments sha11 be confirmed by the governing body of the city before such appointn:ent snall be effective. Any vacancies in said Commission, caused by death resignation, or otherwrise, or by f ailure of a ny appointee to qualify tivithin ten (10 j days after appointment;, shall be f i11ed in the rnanner hereir_abioae specified,, and such appointment shall be for the unexaired terni of the retiring Cotunissioner or the appointee failing to q_ualify. SECTIOPI 12. Qualifications, r'111 such Comcu-ssioners shall be of good moral characte-r, resident citizens of the city, shal.l have resided in the city for a peearso shall than three (3) years~ shall ea~.h be over the age of tvrenty-five (25) y , and not have held any public office tivithin the preceding three (3) yearSe SEC"LIOP; 13. Term. Of the first three (3) Cor.unissioners so selected to comprise the Commission,, one (1) shall be appoirited for a term of one (1) year, one (1) shall be appointed for a term of two (2) years, and one (1) shall be appoznted for a term of three (3) years. Thereafter the terni of office of each Commissioner shall- be for three (3) years, or until a successor is appointed, confirnLed, and qualifi.ed. SEC1ION 14. Removala Any me*ber of the C=li.ssion may be rerloved by three-fi.fths vote of the City Council far any act cantrary to the best interest of t1Le service or failure to act in a manner to proriote t'rie best interest of the service. SLCTTUN" 15e Compensation. i;:embers of the Commission shall serve without compensatior., kRTICLE III. F0:`,~7'3 r1ND DUTIES OI' Ti-IE rEEEI..E10S kh'D POLICE1:EIv IS CNIZI SEitVICE C011tISISION SECTIOiv 16. 2'he members of the Firerlenl s and Policemen' s Civi]. Service Comrnission shall, at a date, hour and place set by the Commission, hold regular meetings at least once each month and may hold additional meetings as may be required in the riensl and consti- proner discharge of ~hsact business. 1wI:tCshallmbertrief dusaid ty CommisFireirision tute a quorum to tr Folicemen's Civil Service Commission as a body: 1. To approve such rules and regulations for the proper conduct of its business as it shall find necebea effective~untelta~~lroved by theeC ty Council,ny ~endment oP repeal tnereof shall -2- 2. To formulate mininium standards and qualifications for each class of position in the classified service. 3. To niake provisions for open, competitive, and free exam.i.nations for persons raaking proper application and meeting the req uirements as prescribed in the Civi1 Service Lativ, this ordinance, and the rules and regulations of the Commission, 1+. To authori?e temporary appointraents to the classi.fied service in the event no eligible list has been prPpared for the position and to lirnit such temporary ap- pointrnents to maximurn period of three continuous months. 5. To make rul.es and regulations governin;; promotions, allo•iaing credit for ef- ficiency ancl credit for seniority, and providing for nromotional exartinations. 6. To require compliance by departmen.t heads witri the provisions of the Civil Service LavJ governing suspensions, bottl discinlinary and indefinite, 7. To investigate disciplinary suspensions to see vJhether there is just cause for such suspensian. 8. To render a decisior, witiiin ten (10) days from date of any indefinite sus- pension, as to status of suspended ernployee, 9. To make rules and regulations providin~,r for a systeri of service or efficienc3T ratings for all employees in the classifi.ed service, ivhich ratings shall be used ;:c;r _~ur1Dcsc:, ct ~~ror~.otion, dernotion., lay-off, and reinstatefiient, 10, To rna.e rules and regulations regardiriS leaves of absence,, reb lar and sick, yvith and wii;riottt pay. Such rules shall con.form to state laivs and city ordinances on such subject. 11. To require observar.ne of the provisions of this Crdinance and the Civil Service Law, and the rules and regulat-ions made thereunder. In any necessary investig 1=~ations, the Conunission shall have the oovier to subpoena .vitnesses and papers relevant to such investigation, 12. To Yiear and determine appeal or coinplaints respecting the adrninistrative :aork of the Director; the rejection of an applicant for admission to an exatnination; and such rnatters as may be referrea to the Coinrcu.ssion by the Director, 13. To make sucn investigations as may be requested by the chief executive and/or the €overninE body of the city and to report thereon, 14. To con+,ract or arrarige, within its budJet allowance,, for such tecnnical seruic0s in connection rvith personnel selection and adnLinistration as may be necessary., includixig the preparation and conduct oi examinations. 15. No rule or regulation shall ever be adopted by the Commission which will permit t he appointment or employrnent of any person without good moral cnaracter; or any person unfit rnentally or physically or any person incompetent to discharge the duties Af such appointment or employment. -3- A'HTICT.,E IV. DIN.ECr!'OR FTRc,i,ENT' S XiJD ?'OLICZ:,U~' S CNIL 5EZV1CE S-JCTIUiv 17. There is hereby established the office of Director of Fire,enT s and Police:nen' s ~;ivil Service, which shall be filled by the appointment by tne Comttlissiori of sor.ie person meeting the same requirea~zents as hereinabave provided for members of the Comm.ission. Said Director may be either a member of the Commission., another emloloyee of the City, or some other person. The City Council sha11 determine what salaryp if any, shall be paid to such Director. Said Director shall at all times, be subject to removal for cause upon vrri.tten charges after a public hearing by the Comnu ssion. AIMCLE V. PO'd."ER5 xED DUTIES OF T IE DIREC`l'OR OF FIRLI,EIv' Sd A111M POZIC711:1EIv' S CIVIL SERVICE S.:CTION 18. It shall be the duty of the Director of Fireffien's and Policemen's Civil Service: 1. To attend the regular and special meetings of the Commission., to act as its secretary and to record its official actions. 2, io prepare and recomrrend rules and regulations for the admi.nistration of this ordinance., tivhich shall becorne effective after approval by the Civil Service Co_mmission and the City Council as provided in this ordinance; to administer such rules and regula- tions; to proposz amendrnents thereto, 3. To establish and maintain in card or other suitable form a roster of officers and etnployees in the classified service of the city. Such roster shall include items specified by the Commission in its rules and re~ulations, 4. To rnake a stuc~y of the rates of compensation being paid for each class of position in the classified service and prepare a compensation plan for submission to the Comnti.ssion when called upon. Tuo such plan shall be effective until it is approved by the City Council. 5. To formulate and hold competitive examinations to determirie the relative qualifications of persons wlio seek employment and as a result thereof establish eligibility lists for the various classes of positions. 6. When a vacant position is to be filled, to certify to the appointing authority on written request the name of the three persons highest on the reinstatement list or eligibility list for the classa 7. To submit to the City council rocommendations as to uniform standards in respect to attendance and leave regulations, ernployee training and auelfareyduties and salary classification, and other personnel matters, if requested by the City Council. 8. To establish records of perforrnance and a system of service rat:ings to be used in deterrnining increases and decreases in salaries, promotions, the order of l.ayoffs, and reinstatement, 9. To keep such records as ruay be necessary for the proper administration of this ordinance and the rules and regul-a.tions. 10. To make investigations concernirig the administration and effect of t his ordinance and the rules made thereunder and report his findin;s and recommendations to the Commission. 11. T o make an annual report to t he Commission. 12. To -oerform such other work relevant to the civil service system as may be re- quired by the Commi-ssion, ARTICLE VI. STATUS OF PRECJXT E1PLOYE~'S SECTION 19. Any Pergon holding a position in the classified service at the tun.e of the adoption of the Civil Service Law by the voters of t!Zi_s city, who shall have served in the service of tYie city continuously for at least six (6) months., shall enjoy civil service status witl.iout cor.ipetitive exaninations out shall thereafter be subject in all other respects to the provis-Lons of this ordinance and tne rules and regulations of the Comnission. Any othf:r nersons in the classified service shall be re;;arded as holdi.ng their positions under temporary appoi.Ztments, A2TTCLE VII, OFFICE SPkC' SECTION 20. `he City Council sha11 provide adeauate and suitable office space for the conduct of the business of the Commissiono ARTICLE VIII. CTVIL SUITS SI;CTICi1 21, It sha7.l be the duty of the Cominission to begin and conduct a11 civil suits which may be necessar-y for the nroper eilforcement of this ordinance and of the rules o£ the Commission and to defend a11 civil suits wriich may be brought against the Commi.ssion, The Cotntnission shall be represented in such suits by the City ~,ttor- ney of the city, but said Commission may in any case, yiith the approval of the .-t be represented by special counsel, 91 ARTICLE IX.. PU3LISt-Ti RUIES SIECTIuN 22, The Commi.ssion shall cause to be published, in nrinted., ziL1eobraphed or sirnilar f orm, all rules and regulations which may be promulgated 'uy it, and shall so publish classification and seniority lists for each Departl.lent in the classified ser- vice., and such rules and reoulations shall be iaade available upon detiiand. ~~T1CLE X. POi.~S.`ZIC~iL iiCTT'v''1i I~~ SECilO1,41 23. Proliibition. ''~nibloyees in the classified service shall not be perr,titted to ta'~e an active part in any political canpaif~r~ of another for w1 elective nosition of the c ity. '1'he ter.n "active part" iricltides mal%ing nolitical sneec?ies~ pass irlg out cards or other political literature) wr•iting letters~ sirning petitions, actively and openly solicitinsr votes and makinr public derogatory reraarks about candidates for such elective nositions9 -5- . . . s~ -ti-`i~. ,)iovision. 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