Sec. 10-11. Use of class titles.

Following the adoption of the classification plan and the allocation of positions in the classified service to classes therein, the class titles so set forth shall be used to designate all positions included in the respective classes in all official records and payrolls. No person shall be appointed or employed in the classified service under a class title which has not been approved by the human resources director, subject to the prior approval of the city manager, as appropriate to the duties to be performed.

(1953 Code, ch. 10, § 9; Ord. No. 7369, § 9, 3-12-90; Ord. No. 9675, § 1, 2-25-02)

   Editors Note: It should be noted that the provisions of Ord. No. 9675 become effective June 30, 2002.

Sec. 10-12. Commission rules authorized.

The commission shall adopt and from time to time amend rules and regulations for the administration of the Charter provisions and the ordinances of the mayor and council governing entry into the classified service, promotion, transfer, demotion, layoff, suspension without pay exceeding ten (10) days and termination of persons within the classified service. Such rules and regulations and all amendments thereto shall be adopted at a public hearing only after affording a reasonable opportunity to city officers and employees for consultation, and after due notice to the public by posting notice in three (3) public places. Amendments may be initiated by the commission, or proposed by the director, city officers, employees or citizens of the city. Rules and regulations adopted under this section shall have the force and effect of law. Among other things, such rules and regulations shall provide:

   Sec. 10-12(1). Conduct of examinations. For the conducting of both entrance and promotional examinations, including the manner in which notice thereof shall be given; the requirements for filing applications therefor; the requirements as to residence and age of persons to be admitted thereto, including the requirements established in section 2-4 of this Code; the bases and methods to be used in qualifying and disqualifying applicants for admission to examinations; the character of examinations; the method of conducting, rating and providing notice of the results thereof; conditions under which special examinations may be given applicants who are unable or who fail to appear for an examination at the announced time and place; and such other matters as may be deemed necessary and pertinent thereto.

   Sec. 10-12(2). Establishment of lists. For the establishment of departmental reemployment, servicewide reemployment, promotional and entrance lists of names of persons eligible for appointment to the several classes in the classified service, including the order in which names shall appear thereon; their duration; the conditions under which they may be canceled, extended or consolidated with new lists; the causes for and the procedure to be followed in removing names therefrom; and the manner in which persons whose names appear thereon may waive appointments.

   Sec. 10-12(3). Certification of lists. For the certification of eligibles to appointing officers upon their request for appointment to positions in the classified service, including the order in which names shall be certified from the departmental reemployment, servicewide reemployment, promotional and entrance lists, and the number of names to be certified therefrom for each appointment to be made.

   Sec. 10-12(4). Making appointments. For the making of appointments to positions in the classified service, including the conditions under which probationary, permanent, non-permanent, temporary, and emergency appointments may be made, and the imposition of limitations as to the duration and other necessary restrictions upon non- permanent, temporary, and emergency appointments.

   Sec. 10-12(5). Probationary period. For a probationary period, not to exceed eighteen (18) months, applicable to all appointments, other than temporary, to permanent positions made from entrance or promotional lists, including a statement of the duration, nature and purposes of such period; the conditions preliminary to the attainment of the status of a permanent employee of any person so appointed; the conditions under which an employee may receive a promotion during such period; the procedure to be followed by appointing officers in making discharges of probationary employees; and the rights of such employees when so discharged.

   Sec. 10-12(6). Transfer of employees. For the transfer of employees from one position to another position in the same class or from a position in one class to a position in another class; however, a transfer from a position in one class to a position in another class which, in accordance with the compensation plan carries a higher salary range of pay, shall be deemed a promotion and shall be accomplished only in the manner provided in the rules and regulations of the commission for making promotions. Further, a transfer from one class to a position in another class which has a lower salary range shall be deemed a demotion which shall be accomplished only in the manner provided in the rules and regulations of the commission for making demotions.

   Sec. 10-12(7). Lay-off of employees. For the procedure to be followed by appointing officers in effecting the lay-off of employees in a given class required because of a shortage of work or funds, the abolition of a position or other material change in duties or organization. In all such lay-offs, emergency, temporary, and probationary employees in the classes affected shall be laid off in such order before permanent employees; and, within such categories, the order shall be inverse to length of service. The names of all permanent employees so laid off shall be placed on appropriate departmental or servicewide reemployment lists for their respective classes in the order of their length of service, the name of the employee with the longest service in a particular department heading the departmental list, if one is established, and the name of the employee with the longest service on a servicewide basis heading the servicewide list for a given class.

   Sec. 10-12(8). Procedure for disciplinary suspensions exceeding ten days, etc. For the procedure to be followed by appointing officers in making suspensions without pay for periods in excess of ten (10) days or for periods totaling more than ten (10) days in any period of one (1) year, demotions, reductions in pay, or discharges of employees for just cause and providing for appeals therefrom to the commission, a fair and impartial hearing and the rendering of a decision thereon in accordance with chapter XXII, section 3, paragraph (c) of the Charter.

   Sec. 10-12(9). Other incidents of employment. For any and all other incidents relating to entry into the classified service, promotion, transfer, demotion, lay-off, suspension without pay exceeding ten (10) days and termination of persons within the classified service, not inconsistent with the Charter and the ordinances and resolutions of the mayor and council, deemed necessary and expedient by the commission.

(1953 Code, ch. 10, § 11; Ord. No. 5000, § 8, 6-25-79; Ord. No. 7369, § 10, 3-12-90; Ord. No. 9047, § 1, 4-20-98; Ord. No. 9675, § 2, 2-25-02; Ord. No. 10088, § 1, 11-22-04; Ord. No. 10302, § 2, 8-8-06; Ord. No. 10536, § 2, 5-20-08, eff. 6-28-08)

   Cross References: Terms and conditions of membership on boards, committees and commissions and filing of rules, § 10A-133 et seq.

Sec. 10-13. Payrolls to be certified.

No disbursing or auditing officer of the city shall make or approve or take any part in making or approving any payment for personal services to any person holding or purporting to hold a position in the classified service unless the payroll voucher or account therefor bears the certification of the commission, or its authorized agent, that the persons named therein have been appointed and employed in accordance with the provisions of the Charter, the ordinances of the mayor and council, and the rules and regulations of the commission.

(1953 Code, ch. 10, § 12; Ord. No. 9675, § 2, 2-25-02)

   Editors Note: It should be noted that the provisions of Ord. No. 9675 become effective June 30, 2002.

Sec. 10-14. Recovery of money improperly paid out.

Any sum paid contrary to this chapter or in excess of the amount legally due for services rendered may be recovered in an action maintained by the city or by any taxpayer of the city from an officer who made, approved or authorized such payment, whoever is culpable, or from the sureties of the official bond of any such officer. All moneys recovered in any such action shall be paid into the city treasury and credited to the fund from which they were disbursed.

(1953 Code, ch. 10, § 12; Ord. No. 7369, § 11, 3-12-90; Ord. No. 9675, § 2, 2-25-02)

   Editors Note: It should be noted that the provisions of Ord. No. 9675 become effective June 30, 2002.

Sec. 10-15. Retirement ages.

The services of all persons holding positions in the classified civil service shall be terminated as of the end of the day preceding the date they attain the compulsory superannuation retirement age for the class of positions in which they are then employed. Such compulsory superannuation retirement ages shall be as follows:

   (a)   Age sixty-five (65) for all classes of commissioned personnel positions in the police department; however, the services of any person employed in the police department may be extended from year to year by the mayor and council of the city for five (5) successive years and no more, if such person files a written request for each such extension.

   (b)   Age for all classes of commissioned personnel positions in the fire department are:

   1.   For all commissioned personnel engaged in fire suppression, continued employment beyond the age of sixty (60) years shall be subject to all of the following: (a) a written request for extension submitted by the fire chief to the city manager no later than sixty (60) days prior to the sixtieth birthday; (b) certification by the city physician that the applicant is mentally and physically capable of performance; and (c) subsequent approval by the city manager. Medical certification shall be in compliance with all local and national established standards for professional firefighters. An approved extension shall be for a period of one (1) year only. A subsequent annual extension may be granted in the same manner, but shall not, except as provided in section 10-15(b)(2) below, be for a period which will exceed the age of sixty-five (65) years. Failure to be so certified by the city physician or disapproval by the city manager shall result in mandatory retirement from the commissioned personnel.

   2.   For all commissioned fire personnel permanently assigned to non- suppression positions, continued employment beyond the age of sixty-five (65) years shall be subject to all of the following: (a) a written request for extension submitted by the fire chief to the city manager no later than sixty (60) days prior to the sixty-fifth birthday; (b) certification by the city physician that the applicant is mentally and physically capable of performance; and (c) subsequent approval by the city manager. Medical certification shall be in compliance with all local and national established standards for professional firefighters. An approved extension shall be for a period of one (1) year only. A subsequent annual extension may be granted in the same manner, but shall not be for a period which will exceed the age of seventy (70) years. Failure to be so certified by the city physician or disapproval by the city manager shall result in mandatory retirement from the commissioned personnel. Any person who extends service beyond the age of sixty-five (65) years under this subsection shall not be assigned or allowed to perform fire suppression duties.

   (c)   Retirement for all other classes of positions shall be governed by the provisions of chapter 22 of the Tucson Code.

(1953 Code, ch. 9, § 13; Ord. No. 4751, § 2, 1-23-78; Ord. No. 6060, § 1, 8-6-84; Ord. No. 7369, § 12, 3-12-90; Ord. No. 9675, § 2, 2-25-02; Ord. No. 10538, § 3, 6-3-08; Ord. No. 10653, § 1, 4-21-09)

   Cross References: Pensions and retirement, ch. 22.

Sec. 10-16. Officers and employees to comply with, carry out civil service provisions.

All officers and employees of the city shall comply with and aid in all proper ways in carrying out the civil service provisions of the Charter, the provisions of this chapter, and the rules and regulations thereunder. All officers and employees shall furnish or allow access to any records or information which the director or commission may request for any purpose consistent therewith.

(1953 Code, ch. 10, § 14; Ord. No. 9675, § 2, 2-25-02)

   Editors Note: It should be noted that the provisions of Ord. No. 9675 become effective June 30, 2002.

Sec. 10-17. Commission to cooperate with other governmental and private agencies.

The commission may cooperate with other governmental agencies and private associations or organizations concerned with human resources administration. It may announce and conduct joint examinations and establish joint eligible lists with either federal, state or other local civil service or merit system agencies and the lists so established shall be given recognition under this chapter and the rules and regulations thereunder.

(1953 Code, ch. 10, § 15; Ord. No. 7369, § 13, 3-12-90; Ord. No. 9675, § 2, 2-25-02)

   Editors Note: It should be noted that the provisions of Ord. No. 9675 become effective June 30, 2002.