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(A) Commission established. There is hereby constituted a commission, to be known as the “Firefighters’ and Police Officers’ Civil Service Commission”, in compliance with applicable state law.
(B) Director. The Director of the Commission shall be appointed by the Commission and shall meet the same requirements as provided for members of the Commission. The Director may either be a member of the Commission, another employee of the city or some other person. The duties of the Director shall be in accordance with Tex. Local Gov’t Code § 143.012 and the City of Texas City Civil Service Commission Rules and Regulations, as adopted, including, but not limited to, the following:
(1) The Director shall serve as secretary to the Commission, attending the regular and special meetings of the Commission, and recording its official actions.
(2) Supervise all examinations, including the preparation, scheduling, scoring, and security of test materials;
(3) Classifying of Fire and Police Department positions;
(4) Other such matters as may be deemed reasonably necessary in regard to the efficient and effective administration of the Civil Service System for the city.
(C) Members. The Commission shall consist of three members, who shall each be appointed by the City Commission upon the recommendation of the Chief Executive Officer. Initially, two members shall be appointed for a term of three years and one for a term of two years. Thereafter, all appointments to such Civil Service Commission shall be for terms of three years. A Commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all the members of the municipality's governing body.
(Tex. Local Gov’t Code § 143.006)
(D) Chairperson; vice-chairperson. Each January, the members shall elect a chairperson and a vice-chairperson.
(Tex. Local Gov’t Code §143.006(e))
(E) Vacancies. In case of a vacancy in the Commission, a person shall be appointed by the the Chief Executive Officer to serve for the remainder of the unexpired term in the same manner as the original appointment.
(F) Qualifications. The Director and all Commissioners shall be of good moral character, shall be resident citizens of the city, shall have resided in the city for a period of more than three years, shall each be over the age of 25 years and shall not have held any public office within the preceding three years.
(G) Removal of Director; members.
(1) The Director or members of the Commission may be removed by a two-third vote of the City Commission for any act contrary to the best interest of the service or failure to act in a manner to promote the best interest of the service, having first given to the member a copy of the charges against him or her.
(2) The Director or member so charged shall have the right of a public hearing and the right of appeal to the District Court as allowed employees of the classified service under the Civil Service Law.
(H) Compensation of Director; members. The Director and members of the Commission shall serve without compensation.
(1998 Code, § 90-61)
(A) The Commission shall, as a body, have the following powers and duties:
(1) After public hearing, approve such rules and regulations for the proper conduct of its business as it shall find necessary and expedient;
(2) After public hearing, adopt, modify or reject such classification and compensation plans for firefighters and police officers, together with rules for their administration, as may be recommended by the Director after a thorough survey of the personnel and departmental organization of the Fire Department and Police Department. No such plans or any amendments thereof shall be effective until adopted by ordinance of the City Commission;
(3) Formulate minimum standards and qualifications for each class of position in the classified service;
(4) Make provisions for open, competitive and free examinations for persons making proper application and meeting the requirements as prescribed in the Civil Service Law, this subchapter and the rules and regulations of the Commission;
(5) Authorize temporary appointments to the classified service if no eligible list has been prepared for the position, and limit temporary appointments to a maximum period of three continuous months;
(6) Make rules and regulations governing promotions, allowing credit for efficiency and credit for seniority, and providing for promotion examinations;
(7) Require compliance by department heads with the provisions of the Civil Service Law governing suspensions, both disciplinary and indefinite;
(8) Investigate disciplinary suspensions to see whether there is just cause for suspension;
(9) Render a decision, within 30 days from the date of any indefinite suspension, as to the status of the suspended employee;
(10) Make rules and regulations providing for a system of service or efficiency ratings for all employees in the classified service, which ratings shall be used for purposes of promotion, demotion, layoff and reinstatement;
(11) Make rules and regulations regarding leaves of absence, regular and sick, with and without pay. These rules shall conform to state laws and city ordinances on the subject;
(12) Make investigations either on petition of a citizen or of its own motion concerning the enforcement and effect of this subchapter, and require observance of the rules and regulations made under the provisions of this subchapter. In these investigations, the Commission shall have the power to subpoena witnesses and papers relevant to the investigation;
(13) Hear and determine appeal of complaints respecting the administrative work of the Director, the rejection of an applicant for admission to an examination, and such other matters as may be referred to the Commission by the Director;
(14) Make such investigations as may be requested by the Mayor and the City Commission and report thereon; and
(15) Contract or arrange, within its budget allowance, for such technical services in connection with personnel selection and administration as may be necessary, including the preparation and conduct of examinations.
(B) No rule or regulation shall ever be adopted by the Commission which will permit the appointment or employment of any person without good moral character, or any person unfit mentally or physically, or any person incompetent to discharge the duties of the appointment or employment.
(1998 Code, § 90-64)
It shall be the duty of the Commission to begin and conduct all suits which may be necessary for the proper enforcement of this subchapter and of the rules of the Commission and to defend all civil suits which may be brought against the Commission. The Commission shall be represented in these suits by the City Attorney, but the Commission may in any case, with the approval of the City Commission, be represented by special counsel appointed by the Commission.
(1998 Code, § 90-65)
The Commission shall cause to be published in printed, mimeographed or similar form all rules and regulations which may be promulgated by it, and shall so publish classification and seniority lists for each department in the classified service, and these rules and regulations shall be made available upon demand.
(1998 Code, § 90-66)