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HomeMy WebLinkAbout498 01-27-1976ORDINANCE NO. 498 AN ORDINANCE REVISING AND RESTATING ORDINANCE NO. 443 ESTABLISHING A CIVIL SERVICE SYSTEM FOR CERTAIN EMPLOYEES OF THE CITY OF EULESS; CREATING A CIVIL SERVICE COMMISSION; DEVELOPMENT AND PROMULGATION OF RULES AND REGULATIONS AND THE ADMINISTRATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; 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 did, in furtherance of such purpose, adopt on the 10th day of April, 1973, Ordinance Number 443, 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, modifica- tions 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 in- terests of the City and its employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, that Ordinance Number 443 of the City of Euless, Texas, be and the same is herewith revised in its entirety to hereafter read and be as follows: ARTICLE I Title. This Ordinance shall be known as the ''Revised and Restated Civil Service Ordinance of the City of Euless, Texas.'' ARTICLE II Definitions. The following, when used in this Ordinance, shall have 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. "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 -to -day maintenance of the City's Personnel and Civil Service System. ARTICLE III 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 permanent members and shall be called to serve in the order of their seniority. When setting as Commissions, alternate members shall have the same power and authority as permanent 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) years, respectively, and all subsequent appointees shall be appointed for a full three -year term so that one member of such Commission shall be ap- pointed 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 va- cancies 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, the Euless City Council will designate one of such original appointees as Chairman of the Euless Civil Service Commission. 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. -2- ARTICLE V 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 su- spension of employees; establishing a system of job descriptions and salary classifications, providing for vacations, sick leave, promotion, demotion, seniority, tenure, layoffs, leaves of absence, dismissals, suspensions and disciplinary action; and procedures for the filing and determination of em- ployee grievances and appeals. 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 employee on the effective date of this Ordinance shall not be required to take any competitive examina- tion or perform any other act or fulfill any additional requirements to maintain his present enrollment or position. This Ordinance shall in nowise 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. ARTICLE VIII 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 re- tention in the capacity so employed of the following: 1) The City Manager 2) The Euless City Secretary -3- 3) The Euless City Attorney 4) The Euless City Engineer 5) The Euless Municipal Judge 6) All Department Heads 7) 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 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. ARTICLE X Prohibited Acts. No person, firm or corporation shall make any false statement, certificate, mark, rating or report with:regard to any test, certi- fication 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, pro- motion 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 . -4- 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 mis- demeanor and upon conviction thereof shall be fined in an amount not to exceed $200.00. 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 portion thereof be declared to be in- valid for any reason by a Court of competent jurisdiction, such holding shall not effect the remaining portions hereof. ARTICLE XIII 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. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 13th day of January , 1976; GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on the 27th day of January , 1976, by a vote of 4 ayes and 0 nays. ATTEST: z - &' ej� A 4� � � City Secretary APPROVED AS TO FO f City Attorney -5- APPROVED: Mayor