(A) Generally.
(1) There is hereby created a Civil Service Commission to carry out the duties assigned it by Neb. RS 19-1825 et seq., also known as the Civil Service Act.
(2) The Civil Service Act shall apply only to full-time police officers of the city, including any paid full-time Police Chief of the department, and future appointees to the full-time positions. Full-time police officers shall mean police officers in positions which require certification by the Nebraska Law Enforcement Training Center, who have the power of arrest, who are paid regularly by the city, and for whom law enforcement is a full-time career, but shall not include clerical, custodial, or maintenance personnel.
(B) Position, creation, and elimination. All positions subject to the Civil Service Act shall be created or eliminated by the Mayor and Council.
(C) Establishment of salaries and compensation. The Civil Service Act shall not be construed to infringe upon the power and authority of the Mayor and Council to establish salaries and compensation of all employees within the compensation schedule or ranges established by the Mayor and Council for the positions.
(D) Payment of compensation for services. No treasurer, auditor, comptroller, or other officer or employee of the city shall, subject to the Civil Service Act, approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of the Civil Service Act unless the person to receive the salary, wage, or other compensation has been appointed or employed in compliance with the Act.
(E) City’s duty to Commission. The Mayor and Council shall provide the Commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the Commission and with the clerical assistance as may be necessary. It shall be the duty of the city to appropriate each fiscal year, from the general funds of the city, a sum of money sufficient to pay the necessary expenses involved in carrying out the purposes of the Act, including, but not limited to, reasonable fees for any special counsel appointed by the Commission when the City Attorney is not authorized by the Mayor to represent the Commission. The Mayor may establish the hourly or monthly rate of pay of the special counsel. The city shall afford the Commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents, and accounts applying or in any way appertaining to any and all positions and employments subject to civil service and shall produce the books, papers, documents, and accounts. All city officers and employees shall attend and testify whenever required to do so by the Commission, the accused, or the Mayor.
(F) Political fund contribution and political service. No person holding any position subject to civil service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in position or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service, or promise or threaten to do so for giving, withholding, or neglecting to make any contribution of money, services, or any valuable thing for any political purposes.
(G) Obstructing examinations. No Commissioner or any other person shall by himself or herself or in cooperation with one or more persons:
(1) Defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regulations made pursuant to the Civil Service Act;
(2) Falsely make, grade, estimate, or report upon the examination and standing of any person examined or certified in accordance with the Act or aid in so doing;
(3) Make any false representation concerning the same or concerning the persons examined;
(4) Furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined or certified to be examined or certified; or
(5) Persuade any other person or permit or aid in manner any other person to impersonate him or her in connection with any examination, application, or request to be so examined.
(1972 Code, § 2-401) (Ord. 962, passed 7-16-2002)