§ 35.014 ELIGIBLE LIST.

   (A)   Eligible lists, in the order of their priority shall be re-employment lists, promotional eligible lists and original appointment eligible lists.

      (1)   Re-employment lists shall contain the names of permanent employees laid off in good standing for lack of funds or work.

      (2)   Promotional eligible lists and original appointment eligible lists shall be created as provided in Art. 8 and Art. 9.

      (3)   Probationary employees laid off for lack of work or lack of funds, and probationary employees who resign and whose resignations are withdrawn within one year, with the approval of the appointing authority, may have their names restored to the eligible list from which their appointment was originally made.

   (B)   When an appointment is to be made to fill a vacancy, the City Manager shall make the selection from the names of three persons ranked highest on the appropriate list who have indicated willingness to accept appointment (“rule of three”). When more than one vacancy is to be filled, the number of names submitted shall equal the number of vacancies, plus two.

   (C)   Policies and procedures for administering eligible lists shall be provided in the personnel rules, covering the duration, cancellation, replacement and consolidation of such lists and the removal or suspension of the names of eligibles therefrom.

(1994 Code, § 4-214) (Ord. 407, passed 11-25-1985)

§ 35.015 DEMOTIONS, SUSPENSIONS AND DISMISSALS.

   (A)   The City Manager, or a department head with the City Manager concurrence, may suspend an employee without pay for disciplinary purposes. No employee shall be suspended for more than 30 days in any calendar year; except that, extensions may be made pending any investigation and hearing. The City Manager or a department head with City Manager concurrence may suspend, demote or dismiss an employee whose work is unsatisfactory and for any reason listed in the personnel rules and regulations.

   (B)   Written notice of the action shall be served upon the employee affected and filed in the personnel file before it shall become effective subject to appeal action, if any.

(1994 Code, § 4-215) (Ord. 407, passed 11-25-1985)

§ 35.016 APPEALS.

   (A)   Any regular employee in the classified service who is suspended, demoted or dismissed may appeal to the City Manager within 30 days after such action is taken.

   (B)   The personnel rules and regulations shall establish the appeal procedure.

(1994 Code, § 4-216) (Ord. 407, passed 11-25-1985)

§ 35.017 DISCRIMINATION.

   No person in the classified service or seeking admission thereto shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of political opinions or affiliations or because of race, religion, national origin, sex or age.

(1994 Code, § 4-217) (Ord. 407, passed 11-25-1985)

§ 35.018 ABSENCES, HOURS OF WORK.

   Personnel rules and regulations will prescribe the hours of work and the conditions and length of time for which leaves of absence, with and without pay, may be granted. These shall cover, among others, holidays, vacations, sick leaves and leaves for military service.

(1994 Code, § 4-218) (Ord. 407, passed 11-25-1985)

§ 35.019 POLITICAL ACTIVITY.

   Persons holding a position in the classified service shall not:

   (A)   Seek or accept election, nomination or appointment as an officer of any county or municipal political club or organization;

   (B)   Take an active part in, or make any contribution or donation to, any county or municipal political campaign, or serve as a member of a committee of any county or municipal organization; or

   (C)   Seek signatures to any petition provided for by any law, or act as a worker at the polls, or distribute badges, pamphlets or handbills of any kind favoring or opposing any candidate for election, or for nomination to a local public office, whether county or municipal. Nothing in this subchapter, however, shall be construed to prevent any such employee from becoming and/or continuing to be a member of a political organization, or from attending any political meeting, or from enjoying entire freedom from all interference in casting his or her vote. Any employee who wishes to accept or seek election or appointment to political office shall resign from the service upon indicating such intention by formal declaration or other evidence of candidacy. Any willful violation, or violation through culpable negligence, of any of the above prohibitions shall be sufficient grounds for the discharge of any employee guilty of such violation.

(1994 Code, § 4-219) (Ord. 407, passed 11-25-1985)

§ 35.020 STATUS OF PRESENT EMPLOYEES.

   Any person holding a position included in the classified service who, on the date that this subchapter becomes operational, shall have served continuously in such position, or in some other position in the classified service, for a period of six months (uniformed police and fire personnel shall serve one year) shall assume regular status in the classified service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this subchapter and the personnel rules and regulations. Other persons holding positions in the classified service shall be regarded as probationers and may be certified in the same manner when they satisfactorily complete the regular work test period from the date of original appointment.

(1994 Code, § 4-220) (Ord. 407, passed 11-25-1985)