Loading...
HomeMy WebLinkAbout443 04-10-1973ORDINANCE NO. 443 AN ORDINANCE ESTABLISHING A CIVIL SERVICE SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF EULESS; CREATING A CIVIL SERVICE COmmISSION FOR THE PROMULGATION OF RULES AND REGULATIONS AND THE ADMINISTRATION THEREOF; PROVIDING A PENALTY FOR CERTAIN VIOLATIONS THEREOF; PROVIDING A SEVER- ABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING 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 has determined that a plan of Civil Service would be a desirable means to better effectuate and achieve such purpose, NOW, THEREFORE, be it ordained by the City Council of the City of Euless, Texas: ARTICLE I Title. This Ordinance shall be known as the "Civil Service 0—r ance of the City of Euless, Texas." ARTICLE II Definitions. The following, when used in this Ordinance, s a ave the meaning respectively prescribed 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 permanent, 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 City Council of the City of Euless, Texas. ARTICLE III Euless Civil Service Commission. There is hereby established a Euless Civil Service Commission to be comprised of three (3) members. The members of the Commission shall be residents of the City of Euless and shall be appointed by the Euless City Council for a term of three (3) years. The initial members of the Commission shall be appointed for terms of one (1) , two (2) and three (3) year terms, respectively, and all subsequent appointees shall be appointed for a full three -year term so that one members of such Commission shall be appointed in each year. The Euless City Council shall have the authority to remove any member of the Civil Service Commission at any time, without cause. The Euless City Council shall also fill, for the unexpired term thereof, any vacancies which may arise for any reason in the membership of such Commission. The Commission members shall receive no compensation other than travel expenses and other expenses incurred in the discharge of their duties. A majority of the members shall constitute a quorum. ARTICLE IV Chairman of the Euless Civil Service Commission. Upon creation of the Euless Civil Service Commission, t e Euless City Council will designate one of such original appointees as Chairman of the Euless Civil Service Commission. Such Chair- man 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 meet- ings of the Euless Civil Service Commission and to report periodically to the Euless City Council. ARTICLE V Rules and Regulations of the Euless Civil Service Commission. Upon its creation, the Euless Civil Service Commis- sion w— ith the advice and counsel of the Euless City Attorney and the Euless City Manager, shall prepare rules and regulations consistent with this Ordinance for the administration of the Euless Civil Service System as established hereby which rules -2- and regulations shall become final upon approval of the Euless City Council. The Commission shall, from time to time, review such rules and regulations and make modifications, amendments and changes thereto upon the advice and with the consent of the Euless City Council. Such rules and regulations shall estab- lish procedures for: the proper conduct of the business of the Commission; a system for the testing, examination and qualifica- tion 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 consti- tuting cause for removal or suspension of employees; establishing a system of job descriptions and salary classifications, pro- viding for vacations, sick leave, promotion, demotion, seniority, tenure, layoffs, leaves of absence, dismissals, suspensions and disciplinary action; and to serve as a review board for all appeals to the Commission affecting the proper application and determination of such rules and regulations. ARTICLE VI 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 race, color, creed, sex or political affiliation or persuasion. ARTICLE VII Status of Present Employees. Any person who is an em- ployee on the effective date of this Ordinance shall not be required to take any competitive examination or perform any other act or fulfill any additional requirements to maintain his present enrollment or position. ARTICLE VIII Rules and Regulations. The rules and regulations estab- lished by the Euless Civi ervice Commission shall exempt from their application the following: A) The requirements of competitive examination, certification and retention in the capacity so employed of the following: 1) All Department Heads, including, without limitation, the Director of Public Safety and the Director of Public Works. 2) The Euless City Secretary. 3) The Euless City Attorney. 4) The Euless City Engineer. =M 5) The Euless Municipal Judge. 6) Staff and Administrative Assistants. 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. ARTICLE IX Political Activity of Employees. No person under the Euless Civil Service System shall be under any obligation to con- tribute 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, provided such employee does not circulate such petition or endorsement instrument. ARTICLE X 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. N ARTICLE XI Penalty 'for Violation. Any person, firm or corporation violating any of the terms and provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $200. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. ARTICLE XII Severability. The provisions of this Ordinance shall be, and they are, declared to be severable, and should any por- tion thereof be declared to be invalid for any reason by a Court of competent jurisdiction, such holding shall not effect the remaining portions hereof. ARTICLE XIII Declaring An Emergency. The fact that the enactment of a Civil Service System for the City of Euless, Texas is necessary to preserve and continue the public business, health, safety and general welfare of the employees of the City of Euless, creates an urgency and an emergency in the immediate preservation of the same, and requires that this Ordinance shall take effect immedi- ately from and after its passage, and it is accordingly so ordained. ARTICLE XIV Effective Date. This Ordinance shall be in full force and effect from and aft r its passage and publication as pro- vided by the Euless City Charter and the laws of the State of Texas. PASSED AND APPROVED by the City Council of the City of Euless, Texas, on this the 10th day of Apri 1 , 1973. ATTEST: -5- Mayor