HomeMy WebLinkAbout1083 08-25-1992ORDINANCE NO. 1083
AN ORDINANCE AMENDING ORDINANCE NO. 498; RESTATING
IN ITS ENTIRETY THE AMENDED RULES AND REGULATIONS OF
THE CIVIL SERVICE SYSTEM FOR CERTAIN EMPLOYEES OF
THE CITY OF EULESS: PROVIDING A SEVERABIIITY CLAUSE,
A PENALTY FOR VIOLATION AND AN EFFECTIVE DATE.
WHEREAS, the Euless City Council, in conjunction with the Office of the
City Manager of the City of Euless, is primarily charged with the
responsibility of employing an adequate, responsive and properly trained work
force for the discharge and performance of the municipal functions of such
City, and
WHEREAS, it is the desire of the City Council of the City of Euless to
effect and retain the employment of those persons most suited and qualified
for the discharge of such functions, and
WHEREAS, the Euless City Council did, in furtherance of such purpose,
adopt on the 27th day of January, 1976, Ordinance Number 498, establishing the
Euless Civil Service System, and
WHEREAS, the Euless City Council did subsequently authorize the conduct
of a study and inquiry under the direction and guidance of the City Manager to
review, evaluate and recommend any necessary or desirable changes in such
System, and
WHEREAS, such study has been completed and certain revisions,
modifications and amendments to the enabling Ordinance establishing the Euless
Civil Service System have been recommended by the City Manager and the Euless
Civil Service Commission and considered by the Council, and
WHEREAS, following such consideration and review, the City Council of the
City of Euless is of the opinion that certain revisions, modifications and
amendments to the Euless Civil Service System should be made in the best
interests of the City and its employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, that Ordinance Number 498 of the City of Euless, Texas, be and the same
is herewith revised in its entirety to hereafter read and be as follows:
Title. This Ordinance shall be known as the "Revised and Restated Civil
Service Ordinance of the City of Euless, Texas."
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Definitions. The following, when used in this ordinance, shall have the
meaning respectively ascribed to them:
"Commission ": The Euless Civil Service Commission as established by
Article III hereof.
"Commissioners ": A quorum of the members of the Euless Civil Service
Commission.
"Employee ": All regular, full -time employees of the City of Euless,
Texas, other than the Euless City Manager.
"Council ": A quorum of the duly elected and qualified members of the
Citv Council of the Citv of Euless. Texas.
"Personnel and Civil Service officer ": A City employee or official
appointed by the City Manager to be responsible to the City Manager for
the day - today maintenance of the City's Personnel and Civil Service
System.
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Euless Civil Service Commission. There is hereby established a Euless
Civil Service Commission to be comprised of three (3) permanent members and as
many alternate members as the Euless City Council shall appoint. Alternate
members shall serve in the absence of
serve in the order of their seni
alternate members shall have the
members. The members of the Commiss
Euless and shall be appointed by the
(3) years. The initial members of the
of one (1) , two (2) and three (3 )
appointees shall be appointed for a ful
such Commission shall be appointed in
have the authority to remove any
time, without cause. The Euless Ci
unexpired term thereof, any vacancies
membership of such Commission. The
compensation other than travel
discharge of their duties. A major
quorum.
permanent members and shall be called to
ority. When sitting as Commissioners,
same power and authority as permanent
ion shall be residents of the City of
Euless City Council for a term of three
Commission shall be appointed for terms
years, respectively, and all subsequent
1 three -year term so that one member of
each year. The Euless City Council shall
member of the Civil Service Commission at any
ty Council shall also fill, for the
which may arise for any reason in the
Commission members shall receive no
expenses and other expenses incurred in the
rty of the members shall constitute a
'1GOgM�i-`L!
Chairman
of the Euless Civil Service
Commission.
Upon creation of the
Euless Civil Service Commission, the Euless
City Council
will designate one of
such original
appointees as Chairman of the
Euless Civil
Service Commission.
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Such Chairman shall serve for a term of one (1) year in such capacity.
Annually and thereafter on the anniversary of such appointment, a Chairman
shall be elected among the members of such Commission. It shall be the
function of such Chairman to preside over meetings of the Euless Civil Service
Commission and to report periodically to the Euless City Council.
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Rules and Regulations of the Euless Civil Service Commission. Upon its
creation, the Euless Civil Service Commission with the advice and counsel of
the Euless City Attorney and the Euless City Manager, shall request the City
Manager to prepare rules and regulations consistent with this ordinance for
the administration of the Euless Civil Service System as established hereby
which rules and regulations shall become final upon approval of the Euless
City Council. The Commission and /or the City Manager shall, from time to time,
review such rules and regulations and recommend modifications, amendments and
changes thereto with the advice of the other to the Euless City Council, which
modifications, amendments and changes shall become final upon approval of the
Euless City Council. Such rules and regulations shall establish procedures
for: the proper conduct of the business of the Commission; a system for the
testing, examination and qualification of applicants for employment with the
City of Euless; certification to the appointing authority of those applicants
qualified pursuant to the rules and regulations of such Commission; the
establishment of rules and regulations constituting cause for removal or
suspension of employees; establishing a system of job descriptions and
salary classifications, providing for vacations, sick leave, promotion,
demotion, seniority, tenure, cutbacks, leaves of absence, dismissals,
suspensions and disciplinary action; and procedures for the filing and
determination of employee grievances and appeals.
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Employment Requisites. No person making application for entrance into the
Civil Service System of the City of Euless or seeking advancement therein,
shall be discriminated against as a result of age, race, color, sex, creed,
national origin, disability, or political affiliation or persuasion.
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Status of Present Employees. This ordinance shall in no wise invalidate,
modify nor affect any prior act or ruling of the Euless Civil Service
Commission nor any act or ruling of City officials pursuant to prior rules and
regulations of the Euless Civil Service System, it being the intention of the
Euless City Council not to effect retroactively the amendment effected hereby,
so as to adversely affect the existing status of any employee of the City.
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Rules and Regulations. The rules and regulations established for the
Euless Civil Service System shall exempt from their application the following:
A. The requirements of competitive examinations, certifications and
retention in the capacity so employed of the following:
1)
The
City Manager
2)
The
Assistant City Manager
3)
The
Euless City Secretary
4)
The
Euless City Attorney
5)
The
Euless City Engineer
6)
The
Euless Municipal Judge
7)
All
Directors and their Assistants
8)
Interns
Such employees, if otherwise qualified, however, shall be entitled to all
other rights, privileges and benefits afforded all other employees under
the Euless Civil Service System.
B. Persons employed to make or conduct a temporary or special inquiry
or study, investigation, survey or examination on behalf of the
Euless Civil Service Commission, the Euless City Council, or the
Euless City Manager.
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Political Activity of Employees. No person under the Euless Civil Service
System shall be under any obligation to contribute to any political fund or to
render any political service while in such employ. No employee shall directly
or indirectly solicit or receive or be in any manner concerned in soliciting
or receiving any assessment, subscription or contribution for any political
purpose whatsoever involving election to office with the City of Euless, nor
shall any employee take part in political management of affairs or campaigns
involving election to office with the City of Euless other than to cast his
vote or express privately his opinion. This section shall not apply to an
employee signing a petition for or endorsing for publication the election or
recall of an elective official of the City of Euless, providing such employee
does not circulate such petition or endorsement instrument.
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Prohibited Acts. No person, firm or corporation shall make any false
statement, certificate, mark, rating or report with regard to any test,
certification or appointment made under any provision of the Euless Civil
Service ordinance or in any manner, commit or attempt to commit any fraud
preventing the impartial application of such System nor shall any person,
directly or indirectly, give, render, pay, offer, solicit, or accept any
money, service or other valuable consideration for any appointment, proposed
appointment, promotion or proposed promotion to, or any advantage in, a
position of employment with the City of Euless, Texas. No person, firm or
corporation shall further defeat, deceive or obstruct any person in his right
to examination, eligibility, certification or appointment under the Euless
Civil Service System or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects of any person
with respect to employment in the Euless Civil Service System.
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Penalty for Violation. Any person, firm or corporation violating the
terms and provisions of this chapter shall be deemed guilty of a misdemeanor,
and shall be punished as provided in Section 1 -6 of this Code of ordinances,
and each day that such violation continues shall be a separate offense; this
penalty shall be cumulative of all other remedies.
Severability. It is hereby declared to be the intention of the City
Council of the City of Euless that the sections, paragraphs, sentences,
clauses, and phrases of this ordinance are severable and if any phrase,
clause, sentence, paragraph, or section of this ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase.
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Effective Date. This ordinance shall be in full force and effect from
and after its passage and publication as provided by the Euless City Charter
and the laws of the State of Texas.
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PRESENTED AND PASSED ON FIRST' AND FINAL READING at a regular meeting of
the Euless City Council on the 25th day of August, 1992, by a vote of 7
ayes and 0 nays, and 0 absentions.
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Harold Samuels /
Mayor
mAffi,�IIIII III �a `n
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