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The civil service commission shall elect a chairman and vice-chairman. The mayor and council may remove any of said civil service commissioners, during their term of office, for cause, by a vote of four (4) members of the mayor and council voting in favor of such removal, and shall fill any vacancy that may occur in said civil service commission for the unexpired term. The mayor and council shall provide suitable accommodations and equipment to enable the civil service commission to properly attend to its business.
(Mo. of 1-20-41, eff. 5-16-41; Ord. No. 7274, § 1, eff. 12-11-89; Prop. 403, eff. 2-2-2016)
Editors Note: Proposition 105 of an election called by Ord. No. 7274 on Nov. 7, 1989, approved by the governor Dec. 11, 1989, removed reference of the civil service commission regarding the department of personnel. See ch. XXX.
(a) All officers, deputies, clerks, and employees subject to the civil service provisions of this Charter shall be in the classified service of the city, and all persons in the classified service shall be under and subject to the rules and regulations of the civil service commission.
(b) Any person holding a position in the classified service prior to this amendment becoming effective shall retain such position, subject to the same rights and conditions applicable to the status which he or she held as of such date under the provisions of this Charter, the civil service ordinance and the rules and regulations of the civil service commission then in effect.
(c) Persons who have served through their probationary period and who have received permanent appointment in the classified service shall not be removed, suspended without pay, discharged, or reduced in pay or position, except for just cause, which shall not be religious or political. Whenever an appointing or employing officer removes, demotes or suspends (except where such suspension is made pending filing of charges of dismissal) without pay for a single period exceeding ten (10) days or for periods totaling more than ten (10) days in any one (1) year from the time the first suspension goes into effect, or for disciplinary reasons reduces in pay or position an employee in the classified service who has received permanent appointment, he shall at the time of such action furnish written notice and reasons therefor to the employee and to the civil service commission before the effective date thereof. The civil service commission shall by rules and regulations provide for an appeal by the employee, a fair and impartial hearing of said appeal, and the rendering of a decision thereon within forty-five (45) days after receipt of such notice and reasons from the employing officers when an appeal is heard. When an appeal is taken by the chief of police or the fire chief, the decision thereon shall be advisory only; in all other cases the decision of the civil service commission shall be binding and final. Both the employee and appointing officer may have representation of their own choosing, and all hearings shall be public unless the employee requests otherwise in writing. Except in cases of discharge for just cause, the pension or seniority rights of any employee shall not be affected through any disciplinary action.
(d) Any taxpayer in the city may maintain an action to recover for the city any sum of money paid, or to enjoin the human resources director from attaching his certificate to a payroll or account for services rendered, in violation of the civil service provisions of the Charter or the ordinances and rules made thereunder; and the rules made under the foregoing provisions shall for this and all other purposes have the force of law.
(Prop. 404, eff. 2-2-2016)
Editors Note: Proposition 105 of an election called by Ord. No. 7274 on Nov. 7, 1959, approved by the governor Dec. 11, 1989, added reference to the human resources director in subsection (c) and changed reference in subsection (d) from the directory personnel to the human resources director.
Cross References: Political or religious discrimination prohibited, ch. XVIII, § 3.
The mayor and council shall by ordinance determine the powers and duties of the civil service commission except that in any event it shall be the duty of the said commission with reference to the classified service:
(a) At a public hearing and after affording a reasonable opportunity to the city officers and employees for consultation with the commission, and after due notice to the public by posting notice in three (3) public places, to adopt and from time to time amend rules and regulations for the administration of the provisions of this Charter and the ordinances of the mayor and council governing the classified service.
(b) To establish, according to merit and fitness determined insofar as practicable by competitive test, lists of eligibles from which all appointments shall be made.
(c) To establish procedures regulating entrance into retentions, promotions, transfers, and layoffs of employees in the classified service.
(d) To certify payrolls to the end that no person shall receive compensation for services rendered in any position who has not been appointed in accordance with the provisions of this Charter, the ordinances of the mayor and council, and the rules and regulations of the civil service commission.
(Mo. of 4-1-41, eff. 5-16-41; Ord. No. 3706, eff. 1126-71; Ord. No. 7274, § 1, eff. 12-11-89)
Editors Note: Ord. No. 3706, § 1, adopted by the mayor and council Aug. 25, 1971, approved by a referendum election Nov. 2, 1971, certified by the mayor Nov. 17, 1971, and approved by the governor Nov. 26, 1971, amended ch. XXII of the Charter by revising § 4 in its entirety pertaining to the same subject matter to read as hereinabove set out.
Proposition 105 of an election called by Ord. No. 7274 on Nov. 7, 1989, approved by the governor Dec. 11, 1989, amended the section in its entirety to remove references to personnel matters now under the jurisdiction of the human resources director in ch. XXX.
The director of the human resources department shall act as secretary to the commission and shall keep its minutes and make a record of all its work. Such minutes, eligible registers and employee roster cards shall be open at all times to the public during office hours, subject to the rules and regulations of the civil service commission; the examination materials and other confidential records and reports shall in like manner be open to the public only if and as provided for by the rules and regulations of the civil service commission. The commission shall never delegate its duty of hearing the appeal of anyone holding a position in the classified service, under the provisions of this Charter.
(Ord. No. 7274, § 1, eff. 12-11-89)
Editors Note: Proposition 105 of an election called by Ord. No. 7274 for Nov. 7, 1989, approved by the governor Dec. 11, 1989, added a new § 5. Former § 5 is now § 6.
The salaries of the civil service commission shall be determined by the mayor and council, and a sufficient sum shall be annually appropriated to carry out the civil service provisions of this Charter.
(Ord. No. 7274, § 1, eff. 12-11-89)
Note: See the editor's note to § 5.
Whenever a reduction of employees is required because of a shortage of funds or work or material changes in duties or organization, employees shall be laid off within specific job classifications in inverse order to total length of continuous service with the city. Any permanent employee laid off from a position shall be permitted to take employment in a lower class in the same class series, or in some other lower class in which the employee has completed probation, each of which must be, or have been under the same appointing officer under which the layoff occurred, provided that the employee is physically fit to perform the duties of the position and the action does not cause the layoff of another employee with greater total length of continuous service with the city.
(Ord. No. 7274, § 1, eff. 12-11-89)
Editors Note: Section 7 was added by Proposition 105 of an election called for Nov. 7, 1989, by Ord. No. 7274, approved by the governor Dec. 11, 1989.