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The Commission may make investigations concerning any matter pertaining to the enforcement of the Rules affecting the merit system, the City Charter or City ordinances relating thereto. Should a violation be uncovered, the Appointing Authority and the Mayor shall be notified and/or other appropriate action taken.
Any Commission member or the executive head of the Commission Staff shall have power to administer oaths and affirmations to witnesses and to take testimony concerning any matter which the Commission has authority to investigate.
The Commission shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation.
Hearings before the Commission shall be conducted in an orderly manner. The object of the hearing shall be to ascertain the truth concerning the matters to which such hearing relates and the Commission need not strictly follow the rules of evidence usually applied by the courts in civil cases. Where the subject matter of the hearing is an appeal from a demotion, suspension, or removal, the following procedure shall be followed:
a. Hearings may be public except when the nature of the charge may be offensive to public morality and decency, in which case the Commission may order the hearing closed to the general public.
b. Each party may call witnesses to testify in his behalf. The Commission, on its own initiative, may call witnesses other than those called by either party if, in its judgment, the merits of the case so require. Subpoenas shall be issued for witnesses when requested by either party or by the Commission. In no instance shall more than five (5) witnesses be called by each party without consent of the Commission.
c. Hearings shall commence with a reading of the written statement of charges certified to the Commission. If the appellant has replied in writing to the charges, such reply shall next be read. If the appellant has not made a reply to the charges, he or his counsel may next make an oral statement of his objections to the charges. The removing officer shall begin the introduction of evidence and shall have the final rebuttal. Closing arguments will be permitted only with the permission of the Commission.
d. After notice of appeal is filed with the Commission, no material amendment may be made to the statement of the charges made at the time of demotion, suspension or dismissal. If the appellant files with the removing officer a written reply to the charges, such reply may not be materially amended. In all cases, the issues involved shall be confined to the truth or falsity of the allegations in the statement of charges.
e. In appeals from the order of the Director of Public Safety or Appointing Authority demoting, suspending or removing any classified employee, the complete transcript of testimony taken at the hearing before the Director of Public Safety or Appointing Authority, and filed with the Commission, may be heard as transcript of the testimony, in lieu of an oral hearing.
f. Upon the completion of all evidence introduced, the Commission may render its decision immediately, or may take the matter under advisement and render its decision within a reasonable time thereafter.
g. A copy of the decision shall be transmitted to the Appointing Authority and the appellant.
h. If the appellant shall fail to appear at the time fixed for the hearing, the Commission may hear the evidence and render judgment thereon. If the Appointing Authority or his authorized representative fails to appear at the time fixed for the hearing, and if no evidence be offered in support of his charges, the Commission may render judgment as by default or may hear evidence offered by the appellant and render judgment thereon.
The Commission shall establish suitable eligible lists for appointments in the unskilled labor classifications. These lists shall be maintained on a continuous basis.
The eligible lists shall consist of the names of those persons who meet the minimum requirements as established by the Commission and will be arranged in order by date of filing. Any person whose name is on an unskilled labor eligible list shall be continued for six (6) months and certified for vacancies that occur during that six (6) month period. After the six (6) month period a person must reapply if he/she is still interested in being considered for an unskilled labor position. When a certification is requested to fill an unskilled labor position the entire list shall be certified.
When a certification is issued by the Commission to fill an unskilled labor position the Appointing Authority or his designated representative shall review the applications of people certified, interview those suitable for the specific job or jobs to be filled, and select the person or persons found to be most suitable. Before appointment, the person or persons selected must pass a medical examination required for employment in an unskilled labor position.
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