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Appointments and promotions in the classified service of the City shall be made according to merit, which will be ascertained, insofar as practicable, by competitive examination. The classified service of the City shall include all offices and positions of the City except the following, which shall constitute unclassified offices and positions:
A. Members of Council,
B. The Clerk of Council,
C. The Mayor and Vice Mayor,
D. The Manager,
E. The Law Director, Assistant Law Directors, Prosecutors or special legal counsel,
F. All heads of departments and heads of divisions within departments,
G. A position or office requiring and held by a person possessing professional, technical or scientific skills, knowledge or experience who holds such position by contract,
H. Members of boards and commissions established by this Charter or by ordinance of Council,
I. Volunteer members of the Division of Fire, members of the auxiliary police unit within the Division of Police, and part-time employees of the Division of Police and Fire,
J. The secretary of each board and commission established by this Charter or by ordinance, provided that if such secretary holds other employment within the classified service of the City, this section shall not exempt such person from the requirement of competitive examination to hold such other employment,
K. Unskilled laborers for whom no test can be devised, as determined by the head of the Department of Personnel, and approved by the Personnel Board of Review,
L. One personal secretary to the Manager, Mayor and each head of any department created by this Charter or the Council; provided that it shall be necessary for such positions to have been created by the Council, and
M. Any temporary or part-time office or position requiring the qualifications of an expert, as determined by the Personnel Director and as approved by the Personnel Board of Review.
Employees of the City who have worked at least six months immediately preceding the effective date of the civil service provisions of this Charter in positions not exempted from the classified service shall 1) be included within the classified service, 2) be continued in their then current positions, and 3) have the benefit and protection of the civil service provisions of this Charter with respect to such positions.
(Amended November 5, 1996)
Persons in the unclassified service of the City other than members of Council, the Mayor and Vice Mayor, members of boards and commissions, the City Manager, Law Director, Assistant Law Director, Prosecutors or persons possessing professional, technical or scientific skills, knowledge or experience employed by Council by contract may be suspended, demoted or removed from office or employment for incompetency, dishonesty, drunkenness, discourteousness to the public, gross neglect of duty, insubordination, or conduct contrary to the best interests of the City or any other reasonable or just cause by:
(1) Summary action taken by the Manager subject to a hearing and review by Council if such hearing and review is requested in writing by the officer or employee within ten days of the Manager’s decision. After conducting the hearing and review at which the employee shall have the opportunity to be heard and present evidence on his/her behalf, the Council may affirm, modify or reverse the decision of the Manager and in taking such action, may impose lesser penalties than imposed by the Manager. Prior to any reduction, suspension or removal for any of the above stated reasons or in any case where allegations are made that may seriously damage the employee’s reputation and which would be likely to place a stigma upon said employee in seeking future employment, including allegations of fraud, theft, dishonesty in financial affairs, untruthfulness, mental illness, racism, felonious conduct, moral unfitness or any similar accusation, the Manager shall provide oral or written notice of the charges or allegations, including an explanation of the evidence against the employee and provide an opportunity for the employee to present his/her side of the story.
(2) Resolution of Council after investigation of charges presented to Council by any citizen, officer or employee. If Council determines after an investigation that such charges are meritorious, it shall give the employee or officer notice of the charge and the date for a hearing at which hearing the employee or officer shall have the opportunity to answer the charges and present evidence upon his/her behalf. After such hearing, Council shall make its determination, by resolution, as to the charges presented and impose such disciplinary measures as they may deem warranted.
(Amended November 5, 1996)
The Personnel Review Board shall have the power to hear appeals from administrative determinations made pursuant to the rules promulgated by the head of the Department of Personnel under Section 6.11 of this Charter, as may be authorized by said rules, and may have such other powers and duties as may from time to time be given to it by ordinance of Council.
The Council may create such other boards and commissions as it determines necessary and proper, subject to the limitations set forth in Section 3.07 F. of this Charter; and the composition, term of office of members and their method of appointment, as well as the powers, duties and functions of such other boards and commissions shall be as determined by Council.
At the first meeting of each new year of each of the Planning Commission, Zoning, Housing and Building Appeals Board, Personnel Review Board, Park and Recreation Board, and other boards and commissions created under this Charter by the Council, the members of such boards and commissions shall elect a chairman, vice chairman and a secretary by a majority vote of the members appointed to such board or commission. The chairman, vice chairman, and secretary of each board or commission shall serve at the pleasure of such board or commission and until successors are elected by such board or commission. The chairman and vice chairman of each such board or commission shall be a member of such board or commission, but in no event shall the chairman or vice chairman of any such board or commission, in his dual capacity as a member and presiding officer, cast more than one vote on any action. The secretary of each such board or commission may be elected from within or without the membership of such board or commission, and may hold other office or employment with the Municipality. The secretary of each such board or commission shall keep an accurate record of the proceedings of such board or commission. The Council shall, upon the request of any board or commission appropriate an adequate sum of money to secure the services of a competent secretary. All records of proceedings of boards and commissions shall be maintained at the Municipal Building.
A majority of the members of each of the boards and commissions hereinabove referred to shall constitute a quorum for meetings of such board or commission; and a majority vote of the members appointed to each such board or commission shall be necessary to take any action and for the passage of motions by such board or commission. Rules providing for the number and manner of calling regular and special meetings, and to provide for the conduct and government of meetings of each such board or commission, may be adopted by a majority vote of the members of each such board or commission; however, such rules shall not conflict with the provisions of this Charter or any ordinance passed by the Council. The Planning Commission, Zoning, Housing and Building Appeals Board, and the Park and Recreation Board shall meet at least once a month, unless such board or commission shall determine at a previous meeting that meetings shall not be held in any month or unless the Chairman of such board or commission shall determine that a meeting shall not be held due to a lack of business to be conducted. The Personnel Review Board shall meet at least once a year in the month of January; upon notice of appeals as provided for under the rules promulgated by the head of the Department of Personnel under Section 6.11 of this Charter; and at such other times as it shall determine to be necessary or advisable. Other boards and commissions shall meet at such frequency as they shall determine to be necessary or advisable.
Members of all boards and commissions created under this Charter, except the Park and Recreation Board, shall have been electors of the Municipality for at least two continuous years immediately prior to their appointment, and shall continue to be qualified electors of the Municipality during their respective terms of office. All members of the Park and Recreation Board shall be electors of the Municipality at the time of their appointment, and shall continue to be qualified electors of the Municipality during their respective terms of office. Members of all boards and commissions shall serve until their successors are selected and qualified.
(Amended November 3, 1987)
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