(A) Generally. There is hereby created in the city a Civil Service Commission which shall have three members who shall each be a citizen of the United States, a resident of the city for at least three years immediately preceding the appointment, and an elector of the county wherein the person resides.
(B) Appointment of members. Three members of the Civil Service Commission shall be appointed by the Mayor, with the approval of the Council. At the time of any appointment, not more than two members of the Civil Service Commission, including the one or ones to be appointed, shall be registered electors of the same political party.
(C) Members’ term of office. The first persons appointed to the Civil Service Commission shall be for terms of two years, four years, and six years respectively. Thereafter, all appointments shall be for six years.
(D) Removal from office. Any member of the Civil Service Commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the Mayor, with the approval of the Council, except that no member of the Civil Service Commission shall be removed until written charges have been preferred, due notice given the member and a full hearing had before the Mayor.
(E) Compensation of members. Members of the Civil Service Commission shall serve without compensation.
(F) Meetings. The Civil Service Commission shall hold meetings as may be required for the proper discharge of its duties.
(G) Chairperson. The Civil Service Commission shall annually elect one of its members as Chairperson.
(H) Secretary and Chief Examiner. The Civil Service Commission shall appoint a Secretary and Chief Examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction and perform the other duties as the Commission may prescribe. The Commission may merge the positions of Secretary and Chief Examiner and appoint one person to perform the duties of both positions. The Commission shall appoint the city’s Personnel Officer as Secretary and Chief Examiner, if requested to do so by the Mayor. The Secretary and Chief Examiner shall be subject to suspension or discharge upon the vote of a majority of the appointed members of the Commission.
(I) Quorum. Two members shall constitute a quorum for the transaction of business.
(J) Powers and duties.
(1) 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 Mayor. 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 police officer.
(2) The Commission shall provide that all tests shall be practical and consist only of subjects which will fairly determine the capacity of persons 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.
(3) The Commission shall provide, by the rules and regulations, for a credit of 10% in favor of all applicants for an appointment to any entry level position, as defined by the Mayor, 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 Mayor.
(4) The Commission may conduct an investigation concerning and report upon all matters regarding the enforcement and effect of the Civil Service Act and the rules and regulations prescribed.
(5) The Commission may inspect all institutions, departments, positions, and employments affected by the Act to determine whether the Act and all the rules and regulations are being obeyed. The investigations may be conducted by the Commission or 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 the investigation. The Commission may be represented in the investigations by the City Attorney, if authorized by the Mayor. 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 the 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 to 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 this 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 Nebraska. The failure of any person so subpoenaed to comply shall be deemed a violation of the Civil Service Act and 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. The accusation shall be handled pursuant to § 32.074.
(6) 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 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. 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 regulations 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 investigations.
(7) The Commission shall establish and maintain a roster of officers and employees.
(8) 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.
(9) The Commission shall make recommendations concerning a reduction in force policy to the Mayor and Council.
(10) The Commission shall keep the records as may be necessary for the proper administration of the Civil Service Act.
(11) The Commission, upon request of the Mayor, shall establish and maintain a list of names and addresses, for a period of time established by the Mayor, of those eligible for appointment or promotion within the Department.
(12) The Commission, upon request of the Mayor, shall certify the names 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 the vacant position.
(13) The Commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of the Civil Service Act and of the rules of the Commission. The Commission may be represented in the suits and all investigations pursuant to the Act by the City Attorney if authorized by the Mayor. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by it in any particular case.
(1972 Code, § 2-402) (Ord. 962, passed 7-16-2002)