(A) The Commission shall adopt and promulgate procedural rules and regulations which shall provide in detail the manner in which examinations may be held and any other matters assigned to it by the City Administrator. At least one copy of the rules and regulations, and any amendments, shall be made available for examination and reproduction by members of the public. One copy of the rules and regulations and any amendments shall be given to each full-time firefighter and full-time police officer.
(B) The Commission shall provide that all tests shall be practical and consist only of subjects which will fairly determine the capacity of person who are to be examined to perform the duties of the position to which an appointment is to be made and may include, but not be limited to, tests of physical fitness and of manual skill and psychological testing.
(C) The Commission shall provide, by the rules and regulations, for a credit of 10% in favor of all applicants for an appointment to an entry level position, as defined by the City Administrator, under civil service who in time of war or in any expedition of the Armed Forces of the United States, have served in and been honorably discharged from the Armed Forces of the United States and who have equaled or exceeded the minimum qualifying standards established by the City Administrator.
(D) The Commission may conduct an investigation concerning and report upon all matters regarding the enforcement and effect of the Civil Service Act, being Neb. RS 19-1825 to 19-1848, and the rules and regulations prescribed.
(E) The Commission may inspect all institutions, departments, positions and employments affected by such Act to determine whether such act and all such rules and regulations are being obeyed. Such investigations may be conducted by the Commission or by any Commissioner designated by the Commission for that purpose. The Commission shall also make a like investigation on the written petition of a citizen, duly verified, stating that irregularities or abuses exist or setting forth, in concise language, the necessity for such an investigation. The Commission may be represented in such investigations by the City Attorney, if authorized by the City Administrator. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission in any such investigation. In the course of such an investigation, the Commission, designated Commissioner or chief examiner shall have the power to administer oaths, issue subpoenas to require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and to cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for like depositions in civil actions in the courts of the state. The oaths administered and subpoenas issued shall have the same force and effect as the oaths administered by a District Judge in a judicial capacity and subpoenas issued by the District Courts of the state. The failure of any person so subpoenaed to comply shall be deemed a violation of the Civil Service Act, being Neb. RS 19-1825 to 19-1848, and shall be punished as such. No investigation shall be made pursuant to this section if there is a written accusation concerning the same subject matter against a person in the Civil Service. Such accusation shall be handled pursuant to § 12-305 of this chapter.
(F) (1) The Commission shall provide that all hearings and investigations before the Commission, designated Commissioner or chief examiner shall be governed by the Civil Service Act, being Neb. RS 19-1825 to 19-1848, and the rules of practice and procedure to be adopted by the Commission. In the conduct thereof, they shall not be bound by the technical rules of evidence.
(2) No informality in any proceedings or hearing or in the manner of taking testimony shall invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission; except that, no order, decision, rule or regulation made by any designated Commissioner conducting any hearing or investigation alone shall be of any force or effect unless it is concurred in by a majority of the appointed members of the Commission, including the vote of any Commissioner making the investigation.
(G) The Commission shall establish and maintain a roster of officers and employees.
(H) The Commission shall provide for, establish and hold competitive tests to determine the relative qualifications of persons who seek employment in any position and, as a result thereof, establish eligible lists for the various positions.
(I) The Commission shall make recommendations concerning a reduction in force policy to the Mayor and Council.
(J) The Commission shall keep such records as may be necessary for the proper administration of the Civil Service Act, being Neb. RS 19-1825 to 19-1848.
(K) The Commission, upon request of the City Administrator, shall establish and maintain a list of names and addresses, for a period of time established by the City Administrator, of those eligible for appointment to or promotion within the department.
(L) The Commission, upon request of the City Administrator, shall certify the name of the persons who are the three highest on the eligible list, following the most recent examination and whose qualifications have been validated by the Commission for a vacant position.
(M) The Commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of the Civil Service Act, being Neb. RS 19-1825 to 19-1848, and the rules of the Commission. The Commission may be represented in such suits and all investigations pursuant to the Act by the City Attorney if authorized by the City Administrator. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by it in any particular case.
(2005 Code, § 12-210)