Piedmont Municipal Code Art. V Civil Service SYSTEM2

As used in this article, the word "commission" shall be deemed to be the civil service commission created by this article. (Ord. No. 129 N.S., 3/49)

PERSONNEL MATTERS

The Council and any other officer in whom is vested by law the authority to make transfers, promotions, demotions, reinstatements, lay-offs and to suspend or dismiss employees shall retain such authority, subject to the provisions of this article and subject to the provisions of Article V of the Charter of the City, it being the intent and spirit of this article to provide a fair and just

1 For state law as to special gas tax street improvement fund, see Sts. and H.C.A., ∋196; see also, generally, Sts. & H.C.A., ∋∋180 to 207.
2 For charter provisions as to personnel system, see Char., Art. V. For state law authorizing city to establish a personnel system, see Gov. C.A., ∋45001. As to military leaves of absence, see ∋∋2.1, 2.2 of this Code.

Administration

approach to municipal employment in order that City employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (Ord. No. 129 N.S., 3/49)

A civil service system is hereby adopted and provisions are hereby made for the establishment, maintenance and regulation of such system, for the selection, tenure, promotion, suspension and removal of appointive officers and employees of the City, and for the appointment and promotion of those in the classified service of the city to be made according to merit and fitness to be ascertained by competitive examination. (Ord. No. 129, N.S., 3/49)

The civil service system of the City shall govern the employment and personnel management of all appointive officers and employees of the City except members of boards and commissions, the city attorney, the city administrator, the city engineer, the city clerk, the director of finance, the director of planning, the director of recreation, the director of public words, the chief of police, the fire chief, all part-time and temporary employees, and those persons rendering professional, technical or expert services of any occasional or exceptional character. All of the officers and employees excepted from the civil service system shall serve at the pleasure of the City Council. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

All appointive officers or employees of the City, other than the employees who have temporary or probationary appointments, who, under the provisions of Article V of the Charter of the City are placed under the civil service system, and who shall have served in such position continuously for a period of at least six months prior to the time Article V shall have become effective, and all such officers or employees who are on leaves of absence at the time Article V became effective, are thereby automatically inducted into such office or employment, under civil

3 For state law as to which officers and employees may be included in a personnel system, see Gov. C.A., ∋45002. service and inducted into such office or employment, under civil service and without examina- tion or investigation, as completely and effectively as if such person had been permanently appointed thereto under civil service, after examination and investigation. (Ord. No. 129 N.S., 3/49; Ord. No. 452, N.S., 12/83)

In addition to such others matters as may be necessary and proper to carry out the intent and purposes of this article, rules shall be formulated by the civil service commission and shall be adopted by the City Council in the form as submitted or as changed by the City Council. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

Administration

LATIONS

The rules required by the preceding section shall establish specific procedures and regulations governing the following phases of the personnel system:

(a) The preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified service.

(b) The formulation of minimum standards and qualifications for each class of position.

(c) The public announcement of vacancies and examinations and the acceptance of applications for employment.

(d) The preparation and conduct of examinations and the establishment an use of employment lists containing names of persons eligible for appointment.

(e) The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments.

(f) The evaluation of employees during the probationary period.

(g) The transfer, promotion, demotion and reinstatement of persons in the classified service.

(h) The maintenance and use of necessary records and forms. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The City Council may contract for any competent governmental or other agency for the performance by such agency of such technical service in connection with the establishment of the civil service system or with its operation, as may be desired. The contract may include the delegation to such agency of the responsibility for the performance of the duties imposed in this article upon the civil service commission and the personnel clerk, but shall not include the delegation to such agency of the powers and duties vested in the City Council; provided, however, that there shall be no derogation of the powers of authority vested in the civil service commission by the terms of this article. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

4 For authority of City to contract for the conducting of competitive examinations and any other service in connection with personnel selection and administration, see Gov. C. ∋45008.

Administration

The City Council shall appropriate such funds as are necessary to carry out the provisions of this article. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

Division 2. Civil Service Commission

The civil service commission shall consist of five members, each residing in Piedmont, who shall be appointed by the City Council. The commission shall be organized and function in accordance with the provisions of Chapter 25.10 through 25.16 of this Code and Article VI of the Piedmont City Charter. (Ord. No. 129 N.S., 3/49; Ord. No. 417 N.S., 3/81; Ord. No. 452 N.S., 12/83)

No person shall be appointed to the commission who holds any other public office or employment of the City. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The functions of the commission shall be:

(a) To consider and recommend to the Council rules and amendments of rules, not contrary to any provisions in the Charter, to provide for the examination, appointment, promotion, supervision and control of those within the classified service; for the administration of the civil service system; a position classification plan; and other rules to carry out the provisions of this article, revisions and amendments hereto, and the provisions of the Charter.

(b) To act in an advisory capacity to the Council on problems concerning civil service administration.

(c) As provided by this article and by the rules adopted pursuant thereto, to hear appeals submitted by any person in the classified service relative to his employment status, or condition of employment, or any situation connected therewith.

(d) to make investigations concerning any matter relating to the civil service system or its administration. In any investigation or hearing conducted by the commission, it shall have the power to examine its witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the civil service commission shall have the power to administer oaths to witnesses.

Administration

(e) To perform such other duties with reference to administration of the civil service system not inconsistent with the provisions of the Charter as the Council may require by ordinance.

(f) To hold hearings and make recommendations to the Council on the adoption or revision of the position classification plan and class specifications and revisions thereof, allocate and reallocate positions in the classified service to classes. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

SUBJECT TO COUNCIL APPROVAL

The commission shall provide for the standardization and classification of all positions and employments in the classified service of the City. Such classification may be in groups and subdivisions and may be based upon and graded according to duties and responsibilities and so arranged as to promote the filling of the higher grades so far as practicable through promotion.
The classification plan, either as submitted by the commission or as changed by the Council, shall be adopted by the Council. Changes in the classification plan which the Council deems desirable may be recommended and adopted from time to time in the manner as herein provided for the original adoption of the classification plan. The council shall have the authority to withdraw the position of an appointive officer or employee from the operation of the civil service system if the Council finds the existence of a shortage of funds or a material change in duties or in the organization of the delivery of city services. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

Division 3. Personnel Clerk

The Council may appoint a personnel officer who shall be responsible for supervising the administration of the civil service system. The personnel officer shall perform the following duties:

The personnel officer shall act in the capacity of clerk for the civil service system. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The personnel officer shall attend all meetings of the civil service commission. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The personnel officer shall administer all the provisions of this article and the rules established hereunder not specifically reserved to the Council or the commission. (Ord.

5 For state law authorizing City to provide for appointment of a personnel officer and delegate his powers relative to the personnel system, see Gov. C. ∋45004.

Administration

No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The personnel officer shall, under the direction of the commission, prepare rules, and revisions and amendments thereof, for the consideration of the commission. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

The personnel officer shall, under the direction of the commission, prepare a position classification plan an class specifications and revision thereof, for the consideration of the commission. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

Appointments to vacant positions in the classified service shall be made in accordance with the rules established under this article. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)

Division 4. Suspensions and Other Similar Official Actions

Disciplinary actions against persons in the civil service shall be taken in accordance with the rules established under this article. (Ord. No. 452 N.S., 12/83)

No officer, agent, clerk or employee of the City, and no candidate for any city office shall, directly or indirectly, engage in any form of political activity during working hours on the premises of city property, nor while in uniform. (Ord. No. 129 N.S., 3/49; Ord. No. 452 N.S., 12/83)