All positions in the municipal service shall be filled pursuant to the preceding section except the following:
Members of the Council and the Mayor
Members of Boards and Commissions
Manager
Directors of Departments
Clerk of Council
Secretary to the Manager
Auxiliary Police
Police Lieutenant
Assistant Manager
Temporary employees of exceptional professional or scientific qualifications engaged as consultants for limited periods of time.
Such unskilled labor as the Personnel Advisory and Appeals Board finds impracticable to hire and employ in accordance with Section 8.01.
(Amended November 6, 1984)
The Manager shall appoint a Director of Personnel, to serve part or full-time; the appointee may have another position with the municipal administration, or the Manager may, with the consent of Council, appoint himself. The Director of Personnel shall:
(a) Conduct recruitment of qualified persons for positions;
(b) Prepare, schedule, and hold examinations; but nothing in this section shall prevent him from cooperating with other merit system agencies with regard to any phase of examination;
(c) Create eligible lists from results of examination;
(d) Certify eligibles to appointing authorities for appointment or promotion;
(e) Establish a job classification plan and allocate the various positions to classes within said plan;
(f) Certify payrolls to assure that all appointments have been within the provisions of this article;
(g) Develop and conduct training programs;
(h) Perform such other duties relating to personnel as the Manager may direct;
(i) Act as secretary to the Personnel Advisory and Appeals Board.
There shall be a Personnel Advisory and Appeals Board of three members, appointed by the Mayor with the Consent of the Council, for staggered terms of three (3) years. Any vacancy within a term shall be filled for the unexpired portion thereof. Any appointee shall continue to serve until a successor has been qualified. Each member of the Board shall be a resident of the municipality.
The Board shall serve without compensation and shall (1) hear appeals from any nonexempt employee who has been suspended longer than five days, dismissed from the municipal service, or demoted to a lower grade and salary; (2) hear appeals concerning rejection of applications for employment and the conduct of examinations; (3) establish its own rules and procedures governing the conduct of the Board's business; and (4) make such investigations of municipal personnel practices as it deems necessary to carry out its responsibilities.
Whenever an employee, whose position is not exempt from merit system requirements, and who has passed his probationary period as set forth in the rules of the Manager, is disciplined by dismissal, suspension of longer than five working days within any six month period, or demotion to a lower grade and salary, employee may appeal to the Board, under rules set forth by the Board; and if their appeal meets the conditions of said rules, the Board shall hear their appeal within thirty days of the effective date of the disciplinary action. After hearing the evidence on which disciplinary action was based, and the employee explanation, the Board shall render a judgment, either to affirm, reverse, or modify the decision of the appointing authority; and such judgment shall be final. In hearing any appeal, the Board shall have the power to subpoena witnesses and require the production of records. The Board may also promulgate such additional rules as may be required to carry out the provisions of this section.
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