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The Mayor shall appoint five electors of the City as Civil Service Commissioners to serve for terms of six years. The Mayor shall designate one of said commissioners as the Secretary of said Commission.
No member of the Commission shall hold any other public office or employment except that of notary public or member of the State militia. Members of the existing Civil Service Commission shall continue in office as though appointed in accordance with the provisions of this section and, as their terms expire, their places shall be filled by the Mayor for terms of six years. Not more than three members of the Civil Service Commission shall be members of the same political party. The Mayor shall fill any vacancy in the Commission for the unexpired term. A member of the Civil Service Commission may be removed by the Mayor for neglect of duty, incapacity, incompetency, or malfeasance in office, but only after opportunity has been given for a public hearing before the Mayor, to be held at least ten days after written charges have been made and notice thereof been given to the accused member. Such member shall be heard in person or by counsel; and such removal shall be final.
(Effective November 21, 1967)
The Civil Service Commission shall designate one of its members as President and shall appoint a Chief Examiner and such other officers and employees as may be necessary. The salaries of the Commission shall be determined by the Council and a sufficient fund shall be appropriated each year to carry out the civil service provisions of this Charter. The salaries of the Chief Examiner and other subordinates shall be fixed by the Commission.
(Effective November 21, 1967)
The civil service of the City is hereby divided into the unclassified and classified service.
1. The unclassified service shall include:
(a) All officers elected by the people.
(b) All directors and assistant directors of departments.
(c) The Clerk of Council.
(d) The Chief of Police, four Deputy Chiefs of Police, and twelve Commanders of Police.
(e) The members of all boards or commissions appointed by the Mayor and of advisory boards appointed by the director of a department.
(f) The secretary to the mayor and one secretary for each director of a department.
(g) Executive Assistants to the Mayor and Special Assistants to the Mayor, provided, however, that there shall be no restrictions as to their duties or assignments.
(h) Temporary employees for a period not to exceed ninety (90) days and seasonal employees for a period not to exceed one hundred and eighty (180) days.
(i) Students enrolled in a recognized educational institution and in a course of training in preparation for an administrative or professional career in the public service and employed upon the recommendation of the official in charge of personnel administration as student aides for training purposes without limitation as to assignment or duties.
(j) School crossing guards.
(k) Members of the auxiliary police force.
2. The classified service shall comprise all positions not specifically included by this charter in the unclassified service. There shall be in the classified service three classes to be known as the competitive class, the noncompetitive class and the general labor class.
(a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive tests.
(b) The noncompetitive class shall include all positions requiring specialized training, or skills requiring certifications or licensure, and qualifications of a scientific, business, managerial, professional or educational character, as may be determined by the Commission. The fitness of applicants in the non- competitive class shall be based on the applicant’s knowledge, skills and abilities relative to the qualifications for the position.
(c) The general labor class shall include semi-skilled and unskilled labor positions for which it is impractical to give competitive tests. The positions shall be filled from a registration list established and maintained by the Commission. The Commission shall register applicants for positions in the general labor class either continuously or at times as there are vacancies to be filled, provided, however, that no registration may be accepted until public notice of the intention to so accept registrations shall be made by the Commission. Priority of registration shall determine an applicant’s place on the registration list, provided the applicant meets required standards as to age, citizenship, physical fitness and residence as established by the Commission.
(Effective November 4, 2008)
The Civil Service Commission shall make, promulgate, and when necessary may amend, rules for the appointment, promotion, transfer, lay-off, reinstatement, suspension and removal of City officials and employees in the classified service. Before any such rules or amendments shall become effective they shall be printed and an opportunity given for a public hearing thereon to be held after reasonable notice thereof has been given by the Commission. The Commission shall report its proceedings to the Mayor upon his request, and shall make a report to the Mayor at the beginning of each fiscal year.
(Effective November 9, 1931)
The rules of the Civil Service Commission shall among other things, provide:
(a) For standardized classifications in the classified service of the City, including officers and employees of the Civil Service Commission and the determination of regular status.
(b) For open competitive tests to ascertain the merit and fitness of all applicants for appointments in the competitive class.
(c) For public notice in the City Record or otherwise of the time and place of all competitive tests.
(d) For establishing eligible lists from competitive tests. The lists will consist of the names of successful candidates in the order of their standing.
(e) For the rejection of candidates or those eligible who fail to comply with reasonable requirements as to moral, psychological, or physical character, or who have attempted deception or fraud in connection with any application or test for a position in the classified service.
(f) For the certification to the appointing authority, from the appropriate eligible list from a competitive test to fill a vacancy in the competitive class, of the ten (10) persons standing highest on the list, or of the person or persons on the list when it contains ten (10) names or less, except when the list is a promotional list in which case Charter Section 133 applies.
(g) For employment without test, in the absence of an eligible list, but the employment shall not continue after the establishment of an eligible list for the classification.
(h) For temporary employment for periods not to exceed ninety (90) days.
(i) For qualifications required for positions in the noncompetitive class.
(j) For promotion based on competitive tests and records of efficiency, character, conduct and seniority.
(k) For the period of probation for each classification, which period shall begin upon appointment and shall not continue beyond six (6) months and for removal or demotion if the service during the probationary period is unsatisfactory.
(l) For transfer from a position to a similar position and for reinstatement on the eligible list within one (1) year of persons who, without fault or delinquency on their part, are separated from the service or reduced in position.
(m) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty (30) days at any one (1) time.
(n) For discharge or demotion in rank or compensation, only after the person has been presented with the reasons specifically stated in writing and has been given an opportunity to be heard in his or her own defense. The reasons for the discharge or demotion and any reply in writing by the employee shall be filed with the Commission.
(o) For investigating and keeping a record of the efficiency of officers and employees in the classification service, and for requiring markings and reports relative to officers and employees in the classification service from appointing officers.
(p) For the publication of the rules and amendments in the City Record.
The Commission shall adopt other rules, not inconsistent with the provisions of this section as may be necessary and proper for the enforcement of the civil service system, and to provide for the procedure of the Commission.
(Effective November 5, 2019)
Tests required by the Civil Service Commission shall be practical and shall relate to matters which fairly measure the relative fitness of the candidates to discharge the duties of the positions to which they seek appointment. No question in any such test shall relate to political or religious opinion, affiliation or service; and no appointment, transfer, lay-off, promotion, reduction, suspension, or removal shall be affected or influenced by such opinion, affiliations or service.
(Effective November 9, 1931)
Eligible lists created by the Commission shall remain in force not longer than two years. In the absence of an appropriate eligible list, any place may be filled temporarily, without test, for the period limited by the civil service rules, but not exceeding one year. During such period the Commission shall hold the necessary tests for filling any such place permanently. With the consent of the Commission, persons may be temporarily employed for transitory work without test, but no such employment shall continue for more than sixty days, or be renewed.
(Effective November 4, 2008)
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