The Commission shall adopt, amend, and enforce a code of rules which shall have the force and effect of ordinances providing as to all positions in the classified service for appointment and employment based on merit, efficiency, moral character and industry.
The rules shall provide:
(a) For the classification and standardization of all positions in the classified service.
(b) For open competitive examinations in the competitive class, to test the relative fitness of applicants for such positions. Employees of any public utility taken over by the City, who are in the service of said utility at the time of such acquisition, shall come under the provisions of the merit system without examination; but vacancies thereafter occurring in such service shall be filled from eligible lists in the manner herein provided.
(c) For public notice in the City Journal or otherwise of the time and place of all competitive examinations.
(d) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in such examinations or tests.
(e) For the rejection of applicants or eligibles who fail to comply with reasonable requirements as to age, sex, physical condition, and moral character, or who have attempted deception or fraud in connection with any examination.
(f) For the certification to the appointing authority from the appropriate eligible list to fill a vacancy in the competitive class, of the three persons standing highest on such list, or of the person or persons on such list when it contains three names or less.
(g) For temporary employment without examination, in the absence of an eligible list. But no such temporary employment shall continue after the establishment of a suitable eligible list.
(h) For temporary employment in emergency cases, for periods not to exceed thirty days.
(i) For non-competitive examinations for appointments to positions, requiring peculiar and exceptional qualifications of a scientific, professional, educational, or managerial character.
(j) For promotion based on competitive examinations and records of efficiency, character, conduct and seniority. Lists shall be created and promotions made therefrom of the candidates in the same manner as in case of original appointments. Any advancement in the rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable, vacancies shall be filled by promotion.
(k) For transfer from one position to a similar position in the same class and grade, and for reinstatement on the eligible list or to grade within one year, of persons who, without fault or delinquency on their part, are separated from the service or reduced in grade.
(l) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty days at any one time.
(m) For discharge or reduction in grade or compensation, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in his or her own defense. The reason for such discharge or reduction, and reply in writing thereto by such employee, shall be filed with the Commission.
(n) For investigation and keeping a record of the efficiency of officers and employees in the classified service, and for requiring markings and reports relative thereto from appointing officers.
(o) For the publication of the rules and amendments thereto in the City Journal.
(p) For the establishment of a veterans preference credit for qualified veterans and disabled veterans seeking employment in the competitive class of the civil service of the City.
A veteran as defined herein who receives a passing grade on a competitive recruitment examination shall have five (5) numerical points added to his or her passing score.
A disabled veteran as defined herein who satisfies any physical requirements for the position, and receives a passing grade on a competitive recruitment examination, shall have ten (10) numerical points added to his or her passing score.
Nothing contained herein shall be construed as excepting any applicant from the necessity of fulfilling all job-related requirements specified by the Commission for positions in the competitive class. For the purpose of this provision:
(i) The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Corps, Air Force, Coast Guard, and such other military service or auxiliary corps as is designated by Congress.
(ii) The term "Active duty" means full-time duty in the Armed Forces other than active duty for training.
(iii) The term "active duty for training" means full-time duty in the Armed Forces performed by Reserves for training purposes.
(iv) The term "veteran" means a person who served in the Armed Forces on active duty for a period of more than one hundred eighty (180) consecutive days, and who received an honorable discharge or release or was separated under honorable conditions.
(v) The term "service connected" means, with respect to disability, that such disability was incurred or aggravated in the line of active duty.
(vi) The term "disabled veteran" means a person who has served on active duty in the Armed Forces, has been separated therefrom under honorable conditions, and has established the present existence of a service connected disability rated ten percent (10%) or more.
(Amended by electors 11-4-86)
The Commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of the merit system.
(Amended by electors 11-7-00)