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HomeMy WebLinkAboutCityMgrForm.68.06-15-1966 . , • . ` , , • � � � � J �1 . , ', I CITY MANAGER FORM ORDINANCE NO. �jQ - AN ORDINANCE AUTHORIZING THE ADOPTTQ�T OF A CIVIL SERVICE PROGRAM FOR THE EMPLOYEES OF THE CITY OF CAPE GIRARDEAU, MIS50URI WHEREAS, Chapter 4 of the general ordinance s of the City of Cape Girardeau, Missouri is outmoded and it would be in the best interesta of the employees of such city and the citizens thereQf to revise such chapter as it relates to civil service, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF ' THE CITY OF GAPE GIRARDEAU, MISSOURI, as follows: SECTION 1. Chapter 4 of the general ardinances of the City of Cape Girardeau, Missouri, is hereby repealed, and there is enacted in lieu thereof Sections 4. O1 through Sections 4. 0310, a11 as set out in Exhibit A atta.ched hereto and made a part hereof as though fully incor- porated herein, which Exhibit A conta.ins the repealed cha.pter 4. SECTION 2. This Ordinance ahall be in full force and effect ten day s afte r it s pa s sag e and approval. Passed and approved this 15th day of June, 1966. � Mayor Atte st: � ���� �. ` J �� ` '�c�� City Clerk � - � �� ., •�� ; ,.. �_ • i . . , . . ' � - � . . .. '.i. .. .. . . _ . . T — . . . . . . _ '_ -� � - � � .. � � � . _ . � ` .. , .- ` . __. . - �. . _ _. .. . ,. _ _ . ' _ [ . _ _ C _ C . � . . . _ , - � _. C . . . _.. , � . . ._ -. _ � ; . _ � . . . _ . . � _ . . �. _ . . _ _ C.. _ , _ '. . . . _ . � -- - - - � ' � . I. . . �. . . i � � . _ _ ,I : � - _ . . .. . � - � - ,. .:__ _ _ _ _� . �. : , _ � . � , . _ : � C _ _ , ._ �_ G_. � _ � . . C. _ ' _ _ . __ .. _ �__ . � , _ _ - - __ . - . _ ; __ . _:__ �_ _. � _ _' � . _ _ - , � , _ _ r �' ' ��°s`��� .�a',��-� , , , . . . . . , , 4.0101 CHI�PT.�, 1� CIjIIL SERVICE SECTION L�.Ol CNIL SERVICE COAT7ISSION 4.0101 Created 4..O:i02` Qualifications /�.0103 Appointment t�.OlOI� Rer�oval of Piembers L,.0105 Compensation l�p0106 Organization 4.0107 Duties l�.O108 Record of, Open to Inspection SECTION Li..02 RUL�S REGARDITTG Ei�PIAYEES 4.0201 Unclassified Service and Classified Service /�.0202 Definition of Terms �..0203 Suspension or Release 4.020% Iay-Off s l�.0205 Political Activity /�.0206 Contracts for Personnel Service L�.0207 Aim of Chapter SECTION /�.03 RUL�S AP•?� REGULATIONS l�.0301 Duties Classification Plan L�.0302 Salary Plan l�.0303 Recruitment 4.0304 In-Service Personnel Activities /�.030� Classified E�nployees to Maintain Residence in City, E�ception /�.0306 Employee Separation and Discipline L�.0307 Personnel Records and Forms l�.0308 Certification of Payrolls L�.0309 Procedure in Administration of Ru1es� Who to Determine I�.0310 Changing Rules SECTION 4.01 CNIL SERVICE CONII�IISSION l�.O101 Greated There is hereb� established a Civil 5ervice Corrmiission of three (3) members. 4.0102 Qualifications The members of the Civil Service Corunission shall be citizens l:nown to be sy�pathetic to the systematic appli.cation of the principles of ineri� and fitness to personnel probler�,s in the public service. No person shall be eligi�le to be a member of such Civil Service Com�i.ssion if he is a Member of any local, state, or national political party committee, or is a candidate for or holds any elective public office or if he nas at any time within one (1} year ir:�mediately precedi�g the date of his appo:�ntment to such cor�mi.ssion been a member of any such corunittee or been a candidate for or held any such public office. , � i � 4.0104 4.0103 Appointment The members of the Civil Service Commission shall be appointed by the City Council. The terms of office of the members of the Civil Service Commission first taking office shall expire, as designated by the City Council at the time of their appointment, one (1) after one (1) year of service; one (1) after three (3) years of service; and one (1) after five (5) years of service. Each member of the Civil Service Commission shall before entering upon the discharge of his duties, take and subscribe the oath of office provided for by the Constitution and f ile the same with the City Clerk. At the expiration of the term of each commissioner, a suc- cessor shall be appointed by the City Council for a term of office expir- ing five (5) y�ars from the date of expiration for which his predecessor was appointed; except that a person appointed to fill a vacancy occurring prior to the expiration of such term shall be appointed for the remainder of such term. All vacancies in membership of thE Civil Service Commission shall be filled by the City Council for the unexpired term. 4.0104 Removal of Members Any member of the Commission may be removed by a vote of not less than two-thirds (2/3) of the entire membership of the City Council for any act contrary to the best interest of the service or failure to act in a manner to promote the best interest of the service, having first given to such member a copy of the charges against him. The member shall have ten (10) days from the date on which his removal is effective within which to request that he be given an opportunity to be publicly heard. A statement of the charges, the member's request for a hearing, and the findings of the hearing shall be filed with the City Clerk. 4.0105 Compensation Nembers of the Civil Service Commission shall each be paid five dollars ($5.00) per day for tim� officially devoted to their duties as commissieners but shall not be paid more than one hundred and twenty dollars ($120.00) in any year. In addition each member shall be reim- bursed from the treasury of this City for necessary travel and other prop- er expenses , as authorized by the City Council. 4.0106 Organization The Civil Service Commissioners shall hold not less than one (1) meeting each month and such other meetings as may be called by the Chair- man. The Civil Service Commission shall elect its own chairman, determine his length of term as such and the order of its business for the conduct- of its meeting. Two (2) members of the Civil Service Commission shall con- stitute a quorum for the transaction of official business. 4.0107 Duties The duties of the Commission shall be as follows: (1) To represent the public interest in the improvement of person- nel administration in the City service. (2) To act in an advisory capacity upon the request of the City Council on problems concerning personnel administration. (3) To make annual or special reports to �he City Council on the quality and status of the personnel adarinistration of the City GovErnment and to make recommendations on possible improvements. � 4.0104 (�) To investigate and to hear appeals and com�laints concerning the administrative work of the Apgointing :�uthorities. (5) To prepare and subma.t recommendations to the City Council9 for proposed Civil Service rules and regulations for the carrying out of the provisions of this chapter, and recommendations for the engaging of technical services as provided for under l�.0205. Such rules and regulations may9 subject to like procedure, be ar�ended. (6) To enforce the provisions of this chapter and tlle rules and regulations provided herein. (7) To ascertain and keep written records of the duties, responsi- bilities, and authflrity pertaining to each office and position in the city service and to prepare and recommend to the City Council changes in the classifications set by ordinance together. with rules for its administration. The classification changes ma.y, as good administration may require and subject to like ap- proval, be amended by the City Council to provide for the estab� �'�ishing of new classes or for the dividing� combining, al.tering, �r abolishing existing classes. F�nployees shall be given an obportunity to be heard with regaxd to the allocation of their �ositions before final action is taken. Classification changes recommended to the City Council shall include class titles and class specifications for the various classes of positions. �1:ter approval of the classification changes by the City Coun- cil, the Civil Service Commission shall allocate the positions �o classes. The class titles shall be used in all official pe� sonnel, budget� and iinancial records and, if individual posi- tions are designated in the appropriation ordinance, in desig- nating such position. No person shall be appointed to or em- pioyed in a position in the city classified service under ar:y ciass title not appropriate to the duties to be perfbrmed. The city manager of the city shall promptly report to the Civil Ser- vice Commission the intention to establish new positions and changes in the duties of existing positions in order that they may be classified and allocated. (g) ^o study the salaries paid present employees, salaries being �aid for similar services elsewhere and other information and data pertiaining to salary rates and then prepare and recommend to the City Council a salary plan together with rules for its administration. The salary plan shall be submitted at least sixt,y (60) days before the beginning of each fiscal year to the City Council. The salary plan shall include a proposed schedulr: of pay for each class of positions with minimum, intermediate, and maximum rates. Following the adoption of the appropriation ordinance by the City Council9 the Commission sha�l see that payments to officials and employees who hold positions in the classified service are made in accordance therewith. (9) To establish re-employment lists for the various classes of positions, containing the names of persons who have previou:ly been in the city service whose performance, work habits= an.a conduct have been satisfactory and who are eligible for appoint� ment when vacant positions are to be filled. The order in whic:: names are placed on the re-employment list for any class s�all be prescribed by rule. . � • � � l�.0104 (10) From time to time as ma,y be necessary, to conduct competitive entrance or promotion t�sts to determine the relative qualifi- cations of those considered for promotion to hip�h positions or for entrance to the city classified service, and as the result of such tests, to establish employment lists of eli�nible per- sons in tYie order of their achievement or performance in such tests. The Commission shall �ive public notice of all tests for positions in the city classified service at least fifteen (15) days in advance� by posting an a�propriate notice on the bulletin board maintained in or near the quarters of the Civil Service Commission in a place accessible to the public during business hours, and by publishing a notice at least once in a newspaper of general circulation in the City. The tests may be given other publicity by notices in professional and trade journals and by notice given to colleges, universities� high schools, and schools of special instructions as the Cor.�rnission thinks desirable to attract qualified applicants. Tests as provided in this chapter may be written9 orul9 physical� or in the form of a demonstration of skill or any combination of these, and may take into consideration elements of training� experience, aptitude, knowled�;e, cl�aracter, personality� skill9 phJsical fitness, or other qualifications. The Commission shall provide by rule the period during which the er�ployment lists for the various classes shall remain in force. It shall provide by rule for extension of any enploynent list by action taken before the expiration of such list9 and for the combi�a- tion and cancellation of employy:-!ent lists; �rovided that all such actions shall be entered in the official records of the Civil Service Cor,�mission. Tests shall be statistically ana- lyzed, and other research shall be carried on in connection therewith to the end that reliable and valid tests riay be de- veloped for and applied to recruit?�ent for the city service. (11) To fill vacancies in the following manner: All vacancies in the city classified service shall be filled either by certifi- cation from a reemployr.!ent or an er�ployment list, emergency appointment, transfer� or demotion. Whenever there is a va- cancy in any position in the city classified service which the city manager has decided to fill by certification from a re- eMployment list or from an employment list� the city manager shall submit to the Commi.ssion a statement of the duties of the position, the necessary and desirable qualifications of the person to be appointed and shall reques� the Commission to certify to the names of persons eligible for ap�ointment to the position. Certification of eligibles from re-enplo,yment lists or employ- ment lists �hall be made in the following manner: The names of the three (3) highest persons on the anpropriate list who are willing to accept appointment under the terms of- fered shall be certified to fill one (1) vacancy� and the ei��T manager shall within ten (10) daJs make an appointment from these three (3) . If more than one (1) vacancy is to be fillec an additional name shall be certifiEd for each additional va- cancy, such name to be the next highest ranking person on the list willing to accept appointment. If the list does not con- tain a sufficient number of names of persons willing to accept� L�.O101� appointment to make possible a cert3fication of the number of names to which the City Manager is entitled as herein provided9 all names of persons on the list who are willing to accept appointment shall be certified. The names of persons who have been considered for certification three (3) times and have refused appointment� may at the discretion of the Comnission be removed from the list. The names of persons who have been certified three (3) times but have not been appointed ma.y at the discretion of the Commission be re- moved from the list. In filling vacancies� certification in the manner herewith pre- scribed shall be made as far as practicable from J.ists in the fol- lowing order: (a) From an appropriate re-employment list. (b) From an appropriate employment list established from a promotion test. (c) From an employment list established from an entrance test, Following such certification the City rZanager shall make appointments in the manner prescribed in the rules. The City Manager may reject persons certified from a re-employ-� ment list or from an employznent list established from a promotion test, giving reasons in writing for his rejec�� tions to the Cor.unission' but if there is on either iist a sufficient number of names of persons willing to accept appointment to make possible a certification of the number of names to which the City Mana�er is entitled as herein provided, he may obtain certification from an employment list established from an entrance test only with the ap- proval of the Commission. If there are no appropriate re-employment lists or employ- ment lists or if there are not a sufficient number of name� of persons on such lists willing to accept appointment to make possible a certification of the number of names to which the City Manager is entitled as herein provided to fill vacancies' the Comtni.ssion r�ay authorize the filling of a vacant position by temporary appointment until an appropriate employment list can be establislzed and certi- fication made. Temporar,y appointments shall be �ade: (a) Of persons whose narnes appear on appropriate re-employmen� lists or employment lists. (b) If there are no nar�es remaining on such lists, from avail- able qualified persons in the City Service who are recom- mended by the Cor,imission to the City N�anager. (c) If the first and second methods fail to provide qualified persons� from available persons who have filed application and who are recommended by the Commission as being qualifi� Under this chapter the City ��ianager is hereby authorized to make emergency appointments for a period not exceeding fifteen (15) days without regard to certification or au- thorization from the Commisuion. T10 emergency appointment may be renewed or extended. (12) To establish for each class probationary period of varying duration as may be desirable. No probationary period shall be less than six (6) months. The Commission shall pr�vide by rul;. for periodic rating reports on persons serving such probation- ary period9 for the removal of persons serving such probation- � 4.0104 ary period; and for the manner in which employees shall be given classified service status following the probationary periods provided that no person shall be given classified service status at the end of the probationary period or paid thereafter until the City Manager9 on or before the conclusion of the probationary period' certifies to the Commission that the employee has performed satisfactory service. (13) To establish. by rule a procedure by which any employee may be transferred from a position in a given class to another posi- tion in the same class or to a position in a different class for which he is qualified and for which no higher maximum rate of pay has been established. (].1�,) After consultation with the City Manager, and subject to the approval of the City Council� to recommend hours of work� the manner of checking attendance� making payments for overtir�e and annual, sick, and special leaves of absence with or with- out pay or with reduced pay for employees in the city classi- fied service; and to enforce such rules and regulations as may be approved by the City Council. (15) To establish a system of service ratin�s to reflect the worth of employees to the czty. The Commission is authorized to pro- vide for tlle use of service ratings in making recorrmiendations, salary adjustments, and for other status changes affecting em- plo.yees and as a factor in making lay-offs� disrnissals for in- efficiency� and demotion. Any emplo�jee in the city classified service shall have the opportunity during business hours to inspect his service ratings subject to regulations prescribed by the Corunission. (16) Following consultation with the City Manager, to develop em- ployee training programs to the end that the c�uality of service rendered by employees in the city classif9_ed service may be continually improved; to develop in cooperation with the City Manager, health, safety� recreation9 and welfare programs whict: will improve working conditions in the city service. (17) To establish a procedure in conforr�i.ty with 4,.0203 for making suspensions, demotions� and dismissals of officials and em- ploye�s in the city classified service for misconduct9 ineffi- ciency and other good reasons, and for investigating and hear- ing the appeals of such suspended, demoted and dismissed offi- cials and emplo.yees. (18) To recommend to the City Council measures for co-ordinating the work of the various departments and for increasing the efficiency of the service. (19) At the request of the City Council or on its own initiative to investigate and report on the administration and effect of the personnel provisions of this chapter and of the rules a- dopted hereunder. (20) On or before April lst of each year� to make an annual report to the City Council concerning the work of the Comrai.ssion� in- cluc3ing pertinent information and recommendations. (21) To do any other lawful act or acts necessarv to effect the p�:r pose of this chapter. �..oios /�.0108 Record of� Open to In5pedtion Records of the Civil Service Coririission are hereby declared to be public records and shall be open to public inspection under regula- tions prescribed by the Commission. The individual file, including among other things, examination paper of an applicant� an eligible9 or an employee shall be considered confidential and not open to inspection unless written approval is granted by the Commission. SECTION 4.02 RULES REGARDIDIG ENIPLOYEES l�.0201 Unclassified Service and Classified Service (1) The unclassified service shall comprise offices and positions held by: (a) Members of the City Council, - (b) The City ;�lanager� �ity Clerk, City Assessor & City Treasurc (c) Members of Boards, �o��nittees and Commissions. (d) Part time employees and officials paid on a fee or per diem basis. (e) Common Laborers. (2) The classified service shall conprise all other offi.ces and positions, including offices and positions �n city owned utili- �ies, whether existing or hereafter created, and the provisions of this chapter shall apply to all such offices and positions. 1,..�??�� nefinition of Terms The following terms where used in this chapter shall have the fol- lowing ::ieaning unless the context clearly requires otherwise: (1) Allocation means the process whereby a single position is plac- ed in its proper class in accordance with the duties� authority and responsibilities exercised or inherent therein and by this process assumes the dis�inguishing characteristics of this class such as title, duties perforMed, n�.inimum qualifications requir- ed9 and salary schedules applicable thereto. (2) Appointing Authority means the person or group of persons havin� the power b,y virtue of lawfully delegated authority to make ap- pointments. (3) Class or Class of Positions means a group of one or more posi.- tions in the city classified service, established under this chapter� sufficiently similar in respect to duties, responsi- bilities� and authority thereof, that the same title may be used to designate such positions allocated to the class� that the same requirements as to training, experience, capacity� kr.owledge9 efficiency, ability, and other qualifications should be required of the incumbents, that the same examinations of fitness may be used to choose qualified er�ployees9 and that the same schedule of salary can be made to apply with equity. (4) Classification means the process of studying the duties� author- ity� and responsibilities of each position in the city classi- fied service and� on the basis of an appraisal of the duties� authorit�, and responsibilities, grouping positions which are substantially similar in these respects into classes. (5) Clerk means the clerk of the Civil Service Commission. (6) Commission means the Civil Service Commission. 4.0203 (7) Eligible means a person whose name is on a re-employment or emplo�rnent list for a specified class. ($) Etnployment list means a list of names of persons� arranged in the order of inerit as provided in the ordinances of this city, who have been found qualified through suitable entrance or pro- motion examinations for employment in positions allocated to a specified class. (9) �.trance �amination means an examination held to determine the relative fitness of applicants for positions allocated to a class and open not only to persons employed in the city classi- fied service9 but also to other persons who are not or have not been so employed. ' (10) Induction means the process whereby new appointees are intro- duced to the city service. (11) Position means any office and place of employment in the city classified service such that the duties and responsibilities appertaining thereto are exercised by one person. (12) Probationary Period means a trial working period nade a part of the selection process, during which the work and conduct of the e�ployee shall be noted by the City Manager or his authorized agent and reported upon to determine whether such employee ner- its regular appointment to the classified service. (13) Promotion Examination means an examination held to determine the relative fitness of applicatns for positions allocated to a specified class and open onl�T to employees in the city classi- fied service� who have previously served in specified class for such period as may be prescribed in the ordinances of this city. (71{.) Public Hearings means an opportunit,y given9 after public notice of at least ten (10) days, for any citizen or person in interest to appear and be heard at reasonable length on the matter in- volved. (15) Public Notice means publication by posting in a prominent place in or near the office of the Civil Service Commission and ac- cessible to the public during business hours. (16) Qualifying �ar,iination means an exar.�.nation held to deterriine if an applicant meets a minimum standard of fitness for a spe- cified class but not requiring the applicant to enaage in com- petition with others to determine relative standing on an em- ployment list. l,..Q203 Suspension, Demotion and Dismissal (1) An,y official or emploJee in the city classified service serving a probationar,y period of six months may be released by the City Manager without a hearing at any time before the siY Months probationary period has expired. (2) Any official or e�riployee in the city classified service who has completed the probationary period and is under Civil Service may be suspended, demoted in pa,y or class, or dismissed from the service by the City Manager. A written notice of the sus- pension or demotion s�ating the reasons therefor and when it is effective shall be given to such official or er.iployee or mailed to his usual place of residence. (3) I�To person under Civil Service shall be suspended or discharged except upon adequate reason and cause shown. The City Manager, or any member of the Council Comriittee unc�er which such employee � 4.0203 is employed, may file charges fox the removal of such person or persons froM the employment oi the City of Cape Girardeau with the Civil Service Commission. Tne Civil Service Commission shall not less than three nor more than ten days after the fil- ing of such charges, set the date for the hearin� thereof. The notice of hearing together with a copy of the charges and any order of suspension that may be issued by the City i�anager, shall be served upon the e�plo,yee or official sought to be re- moved or suspended and he shall be permitted to appear beforo the Civil Service Commission and be heard upon the charges and introduce evidence in his behalf im opposition thereto. (4) Upon the date of hearing the Civil Service Commission shallt (a) Proceed to hear the charges against the person sought to be removed. (b) Hear the person sou�ht to be removed in his own behalf. (c) Hear any witnesses of either party. (d) N�ke such further investigation as it thinks proper. The Commission shall ad_�inister oaths and affir�ations to all witnesses prior to adducing testimony. 4Jithin forty- eight hours after the completion of the hearing or such investigation the Commission shall render its decision which shall be certified to the City Manager who has sus- pended or who has filed charges for the dismissal of such employee. Such decision shall forthwith b� enforced by the City I�anager except that the decision of the Commis- sion shall not substitute a greater penalty than that ask- ed for in the charges against the employee sought to be suspended or removed. (5) ��lhere the charges for the removal of any employee or official from the employment of the City of Cape Girardeau have been filed with the Civil Service Commission� the City Manager, if he so desires, may suspend the person against who� such charges have been filed pending the final hearing and deter�ination on such charges and if such charges are not sustained and such em- �loyee or official is not removed, then and in that event he shall be reinstated and shall receive pay during the time for which he was suspended. (6) "he Co�unission shall make findings of fact and conclusions of �aw in any case where a hearing is held9 and in the same in- s'�rument shall thereaft�r reach a decision. (7) The findings and decision of the Civil Service Conunission shall oe final and not subject to reviQw b;� any other court except as �o the jurisdiction and correctness of the procedure followed by the Commission. (�) Ilnployee ratings shall be entered into the records of employee by the City Manager and shall include notifications such as misbehavior, moral conduct� ete. (9) In applying for a position with the City of Cape Girardeau� there shall be required of such applicante !a) A record of emplo5�ment for the preceding three years. (b) Four recommendations. ' In addition� an FBI check shall be made by the City r�anager. Ref�rences of all applicants shall be thoroughly checked. 4.0204 Lay-Offs The City Manager may 1ay-off an official or employee in the class- ified service whenever he deems it necessary because of a material change in duties or organization or shortage of work or funds in accordance with rules prescribed by the Commission. F�aployees who have been laid off for reasons which are certified by the City Man- ager to the Commission and not reflecting discredit on the employees laid off, may, if the employees so request, have their names placed on an appropriate re-employment list. 4.0205 Political Activity (1) No person in the city classified service or seeking admission thereto shall be appointed, promoted, demoted, dismissed, or in any way favored or discriminated against because of his politi- cal or religious opinions or affiliations. (2) No person shall willfully or corruptly make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under the provisions of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this chapter and of the rules established thereunder. (3) No person elected to the City Council shall during the time for which he is elected, be appointed to any offices or positions in the city classified service. (4) No person seeking appointment to or promotion in the city class- ified service shall either directly or indirectly give, render, or pay any money or service or other valuable thing to any per- son for or on account of or in connection with his test, appoint- ment, proposed appointment, promotion, or proposed promotion. (5) No person shall orally, by letter or otherwise, solicit or be in any manner concerned with soliciting any assessment, sub- scription or contribution for any political party or political purpose whatever from any person holding a position in the City Classified Service. (6) No person shall seek or accept election, nomination, or appoint- ment as an officer of a political club or organization, or take an active part in any municipal political campaign, or serve as a member of a committee of such club or organization or seek signatures to any petition provided for by any law, or act as a worker at the polls, or distribute badges, or pamphlets, dod- gers, or handbills of any kind favoring or opposing any candi- date, for election, or for nomination to a municipal public office. (7) Nothing in this chapter shall be construed to prevent any such official or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to public office. 4.0206 Contracts for Personnel Service The City Council shall make adequate annual appropriations to en- able the Civil Service Commission to carry out effectively the pro- visions of this chapter. The City Council is hereby authorized to enter into contracts with the governing boards of other municipal- ities within this state or their authorized agents or representa- 4.0206 tives for the conduct of competitive examinations to ascertain the fitness of applicants for positions and employment in the city ser- vice and for the performance of any other service in connection with personnel selection and administration. The duties to be per- formed by such other municipality or its authorized agents or rep- resentatives shall under the general policy determination of the Civil Service Commission be as followss (1) On request of the Civil Service Comm3.ssion to attend any of its regular and special meetings. (2) To assis� the Commission in preparin� rules and re�ulations re- quiring the carrying out of the provisions of this chapter and subsequent amendments thereto. (3) To assist the Commission in establishing and maintaining a com- plete roster of the officials and employees in the servide of the city� showing the title of the office �r position heldy the salary or wages paid9 every change in titley pay, or status of each such official or employees qLialifications of officials or employees which would fit them for a higher or substantially different class of work than that on which they are now engagedy and such other pertinent data as ma,y be required to produce sig- nificant facts concerning the personnel situation. (�) To assist the Commission in establishing and maintaining re- cords of the rules approved or established under the provisions of this chapter of the classification of positions provided for hereunder9 of salary schedules9 and of recruitMent in service activities� separations� and other personnel practices and pro- cedures of the Commission9 and to assist in the preparation of annual reports and special reports. (5) To assist the clerk of the Civil Service Commission in certify- ing to the proper city disbursing officer, before payment for salary and wage� is made, that the names of persons holding po- sitions in the classified service to whom it is proposed to make payment for personal services were, during the period for which payment is proposed to be made, on the roster of official� and employees5 that such persons were a pointed and were per- forming services in accordance with the provisions of this chap- ter. l,..0207 Aim of Chapter The purpose of this chapter is to increase the efficiency of the City Department Service and to promote the fair treatment of munic- ipal employees by providing a personnel system based on merit prin- ciples. Such a system shall include the development� adoption and administration of a classification plan based on the duties, author-- ity, and responsibilities of the incumbents9 the development� adop- tion and administration of equitable salary schedules for each clas_ of positions9 the recruiting, certification and appointment of qual- ified persons for entrance into and promotion within the city class- ified service9 the development� adoption and use of administrative and technical methods for controlling status changes affecting em- ployees while in the service and the development� adoption� and ad- ministration of effective methods for separating employees from the city classified service. SECTION 4.03 RULES AT1D REGULATIONS 4.0301 Duties Classification Plan (1) Preparation of. The Clerk� subjnct to the supervi�ion of the Commission, shall analyze all positions in the classified ��r- vice and develop a duties classif3.cation plan which groups to- gether all positions with substantially similar dutiss and re- sponsibilities� such groups to be known as classes of positions� For each such class of posa.tionsy a class specifi.cation shall be prepared which contains a descriptive class tit7_e� examples of the work commonly performed in a position in the class9 and a statement of the minirium r,ualifications for s.ppointment to a position in the class. (2) Installation df. FoYlowing consultation with departnent heads and their principal assistants con�erning the grouping of posi- tions in�o classesy the Cammission shall present the prdposed classification plan to the Cit,y Council for their approval. When adopted by the City Council' the plan shall constitute the official duties classification plan for the classified service, and the Commission shall allocate each position to its appro- priate class of positions, Etnployees shall b� nctified of the class to which the position they hold has been allocated and may within five (5) days following such notifications submit in writing to the Clerk of the Commission a request for a review of the allocation. The Commission shall make an invcstigation of the position� and its decision as to the correctness or in- correctness of the allocation shall be final. (3) Maintenance of. The Duties Classification Plan shall be kept current as follows : (a) Whenever the City P�lanager reports, as required by l�.0107 (7), that he intends to create a new position' the Com- mission shall analyze the duties and responsibilities of the proposed position and place it in its appropriate class (b) Whenever the City Manager reports, as required by �..J107 (7), that a change has been r,�ade in the duties and respon- sibilities of an existing posita.on9 the Cor.�mission shall investigate the position and place it in its appropriate class. (c� An employee may at an,y time request in writing to the Clerk " of the Co�nission a revieca of the allocation of his posi- tion. Such request shall give the eMployee�s reasons for the review, and the Commis�ion maf in its own discretion investigate the position. The decision of the Coirmiission based on such investigatior as to the correctness or in- correctness of the allocation sl�all be final. 4.0302 Salary Plan (1) Preparat�on of. After consultation taith the City Council con- cerning question of general wage policy, the Com.r�ission shall annually prepare a proposed salary plan to be applicable to all positions in the classified service during the following fiscal year. In preparing each proposed salary p1an, the Commission shall consider the wages prevailing in business and ir_dustry in Cape Girardeau and vicinity for comparable positions, the pay levels of other municipalities and public units� and the city�s ability to pay, 4.0303 (2) Installation of. Following consultation with department heads and their principal assistants concerning each proposed salary plan9 the Commission shall submit the plan to the City Council for their approval at least sixty (60) days before the begin- ning of the fiscal year. The Commission shall also transmit with the plan regulations governing its installation with r�a�- erence to present salaries below the minimum or above the max- imum rates proposed in the plan for each class of positions. Upon the approval of the City Council, the plan shall consti- tute the officia� salary plan for the classified service for the following fiscal year. 1,...0303 Recru.itment (1) Public DTotice of Tests. The public notice of tests to fill va- cancies in the classified service, as required by l�.0107 (10), shall specify the time, place, and general scope of each exam- inationy the title and salary range of the position and the typ- ical duties performedi the Minimum qualifications required; the final date on which application will be received; and any other pertinent data. (2) Application Procedure. All applications shall be made on forms prescribed by the Commission. On such forms it may require in- formation covering personal characteristics, education, experi- ence, references� and any other information it deems pertinent as well as a photograph and the certificate of one of more ex- amining physicians. The Commission shall establish the procedures for notifying ap- plicants of their rejection for employment or acceptance to par- ticipate in further tests of fitness and i*iay for cause reject any application prior to the date of the tests for which it is filed. The Commission riay refuse to examine an applicant, or after ex- amination remove his name from an eligible list, or refuse to certify for appointment any eligible whom it finds lacks any of the preliminary requirements established for the class of posi-- tion or whom it deems for reasons of physical health or per- sonal character unfit to �ssume the duties and responsibilities of the position to which he seeks appointment. (3) Competitive Examinations. The Commission shall see that all competitive �xaminations for appointment to or promotion within the classified service are administered in a way to give all applicants equal opportunity to demonstrate their fitness. Re- sidence requirements for entrance to examination shall be de- termined by the Commission for each specific examination. (�.) Establishment of E�nployment Lists. On the basis of rating ob- tained in the competitive e��minations� applicants will be ranked in the relative order of their final earned rating or original entrance or promotional lists as the case may be. Al1 applicants shall be notified of their test results and those placed on the eligible list shall be notified of their ranlc on such list. Eligible lists shall remain in force for one (1) year unless extended by the ComMission before that time up to a period not to exceed two (2) years, except that the Commission � 4.0303 may cancel any list before the date of its expiration and sub- stitute a more recently prepared list if it deems such actions advis�ble. �`wo (2) elio�ble lists for the same class of posi- tions may be consolidated by the Commission in a manner fair to eligibles on both lists. (5) Establishment of Re-employment Lists. Any person who has held a permanent position in the classified service from which he ha; been laid off for reasons not disc�'editable to him or from whic�, he has resigned in good standing shall be entitled to have his name placed on a re-employment list for his forr�er class of po- sition, provided he so requests within one (1) year from the date that his lay-off or resignation became effective. The order in which names arran�ed on re-employment lists shall be detes�- Mined by the Commission in accordance with the service ratings obtained by the e�:ployees while in the service and the length of their previous service with the city. Each name placed on a re-employment list shall be stricken therefrom at the expira- tion of two (2) years. (6) Removal of Names from Lists. Any person whose name has been removed from an employment or re-employment list, in accordance with 4.0107 (11), shall be notified in writing by the Cor.unis- sion of such action unless his whereabouts are unknown. The name of any person appearing on any eli�ible list shall like- wise be removed if he fails to respond to a notice of certifi- cation or to give an ace�ptable reason i'or not appearing before the City P�.na�er as requested. Such person shall also be noti- fied in writing by the Corunission of such action ur�less his whereabouts are unknown. (7) Appo�ntments to Positions in the Classified Service. After cer-� tification of eligibles in accordance with 4.0107 (11)� the City 2�anager shall notify the Clerk of the Commission in writ- ing of the person or persons he has appointed and the effective date thereof. It is the purpose of these rules that in the e- vent neither the original entrance9 re-employr�ent, or promotion list for the particular class of position contains a minimum of three (3) names of persons willing to accept appointment and the City Manager wishes to make the appointment only fror� such number of candidates, the Comnission may certify any combina- tion of names from among the first three (3) names on such list:: which will provide the City t�anager with the seleetion to which he is entitled under 4.0107 (11) 0 (g) Temporary Appointments. Ter�porary appointments� as perr�itted by 4.0107 (11), shall be authoriz�d onl;r for a period not ex- ceeding ninety (90) days, and i�.o person shall be eligible to serve as a temporary appointee in any one or more positions for more than an ag�regate period of three (3) months in any one calendar year. No credit shall be allowed in the giving of ex- amirations for service rendered under a ter::porary appointr�ent. (9) Probationary Period. All ori�inal and promotional appointments and re-employnents shall be made for a probationary period of at least six (6) months duration as provided in 4.0107 (12) . As it deems necessary9 the Commission shall provide for pro- b�`�ionary periods of longer duration to apply to all appoint- ments r�ade to particular classes of positions but in no case . . � � � . � - 4.0304 ` exceed one (1) ye<�r. The probationary period shall not include any time served by �n employee under a temporary appointment but shall begin with the dat� of beginning work after original appointment, promotior��' or re-eMployment. At the end of every two (2) months interval during the probationary period, the City Manager shall submit a rutting of the probationary employeets perforr.lance on a report fo,rm prepared by the Commission. Any probationer may be dismis�sed by the City T�anager without the right of a review of any k�nd. Proper notice of such re- lease with the reasons therefor shall immediately be submitted to the Commission which may caus��,the name of such e�ployee to be reinstated to his former positivn on the particular list� or to his former position if in its opinion the best interests of the service are served thereby. No salary or other wage payment shall b� made to any employee after his probationary period is completed, nor shall be be granted classified service status, unless the City Manager has first certified on a prescribed form to the Cornrnission that the employ�e be continued in the service. The Commission shall no=� tify the City Manager at least ten (10) days prior to the expi- ration of the probationary period of such pending expiration. 4.0304 In-Service Personnel Activities (1) Promotions. Udlienever practical and feasible, vacanca.es shall be filled by competitive promotional e�:ar�inations. The same procedures provided in the rules on recruitment slzall apply ex- cept that competition shall be limited to those in the service who possess the minimum qualification requirements. Efficiency of previous service shall constitute a factor in such promo- tional examinations. (2) Transfers. The Co�:iission may authorize the transfer of an employee in the classified service irorr. one position to another position in the same class, provided that the City NIanager ap- proved. The Corlmission may also authorize the transfer of an employee in the classified service to a position in another class for which it deems him qualified and for which no higher maximum rate of pay has been established9 but such transfers shall only be made for a temporary period of not to exceed six (6) months and shall also only be made with the approval of the City Manager. Transfer of employees to positions in classes with lower maximum rates of pay9 or to positions in classes with higher maximum rates of pay, shall be deemed demotions and promotions respectively and made subject only to the pro- visions of these rules governing such changes in employee sta- tus. Transfers shall only be madE within the classified ser- vice. (3) Service Ratings. The Corunission shall prepare, install� and maintain a system of service ratings whereby the City M�nager maJ- periodically report on the performance of all employees in th:� classified service. Such reports shall be made at such t�.���s and in the manner prescribed by the coimriission and bz madc a _�:.rt of the procedures havin� to do with promotion� demotion, s���ry advancement3 and other changes in employee status where pertinent. 4.0304 (4) Employee Health, Safety, Recreation and Welfare. The Commission shall study working conditions in the classified service and inztiate, if possible, programs designated to improve the morale of such employees. (5) Attendance and Leave Regulations. Employees who hold positions in the classified service shall be granted annual , sick and other leaves of absence as follows: (a) Annual Leave with pay shall accrue to each permanent employee at the following rate: (1) First ten (10) years of continuous service at the rate of onc (1) working day of leave for each full month of service. (2) More than ten (10) years, but less than fifteen (15) years of continuous service at the rate of one and one-quarter (1 1/4) days of leave for each full month of service. (3) More than fifteen (15) years of continuous service at the rate of one and one-half (1 1/2) days of leave for each full month of service. Such leave shall not be granted to a new employee until the completion of the probation period. It shall be taken by the employee at such time or times as the head of the department may designate subject to an appeal to the Appointing Authority, whose decision shall be final. Annual leave accrued during the calender year may be carried forward as accumulated leave provided that such accumulated leave shall in no case exceed the following schedule. Ten (10) or less years of service 18 days Over ten (10) but less than rifteen (15) years 21 days Over fifteen (15) years service 24 days Sundays and holidays shall not be counted in the vacation period. As vacation leave is granted employees for a period of recreation, no employee shall waive such leave for the purpose of receiving double compensation. (a-1) That, except and excluding department heads and employees of the City of Cape Girardeau in a managerial or supervisory capacity, each employee, who is required to work on a holiday, as described in sub-section "e" or sub-section 5 of section 4.0305, shall be paid, in addition to his monthly salary, for such day at the regular rate of pay; provided that if he so elects to do, he can agpiy t� the City Manager to have such time added to his vacation with pay and if such application is approved by the City �ianager, such holiday or holidays, so worked, will be added to his annual leave, provided such appli- cation must be made at least ten (10) days before such holiday. (b) Sick Leave with pay shall accrue to each permanent employee at the rate of one (1) working day of leave for each full month oi service. Sick leaves shall be granted as a privilege and not a right, and the claim for such a leave shall be subject to such investigation as the Commission deems necessary. In any event, no sick leave with pay shall be granted for a period longer than three (3) days, unless a certificate from an attending physician is presented to the City Manager who will forward it to the Clerk of the Commission with his approval indicated ther on. Sick leave which has been accrued and not used, may be car� ried forward to the following calendar year, provided that no leave may accumulate to a total of more than sixty (60) days. Sick leave is hereby defined to mean the absence of an employee because of illness, exposure to a contagious disease, or death in the immediate family (Grandparents, Parents, Brothers or Sisters, Spouse or Children) of the employee. " 4.0305 (c) Isave Without Pay may be granted to any permanent employee for any reason considered sufficient by the City Manager and the Co�ission� for a period not exceeding six (6) months. Request for such a leave shall be submitted in writing, stating: (c-1) The reason why such leave should be granted. (c-2) The effective date of the beginning of such leave. (c-3) The probable date of return. Such leave shall be granted only in case it is determined that it will not interfere with normal operation of the cityts business. �nployees failing to return to duty upon completion of a leave of absence without pay� shall be con- sidered as separated from the service without prejudice, Upon application and presentation of an adequate reason for failure to return� the employee m�y be placed on an appropriate re-employznent list. Al1 employees under classified service who are ordered in- to or who valunteer for military, naval, or other national defense may obtain leave without pay upon approval of the City Manager and the Civil Service Commission and shall suffer no loss of position or seniority if honorably dis- charged and if physicall�r and mentally suitable for rein- statement, provided such employee reports for duty within ninety (90) days after discharge wit;�out disability� or within two years of his discharge should he have been in- capacitated during service. Such employee shall be given every reasonable opportunity to take promotional tests; shall be granted vacation and sick leave within the cur- rent year proportionate to the time for which he was actu- ally employed by the City during said year and in all othei respects retain all civil service rights. All appointmenta made to positions vacated as a result of classified em- ployees entering the milita.ry service shall be deemed to be temporary; provided� however� that if any employee who enters the military service shall fail to report for re- instatement within the time specified then the appointment made to fill his vacancy shall become subject to Civil 5er- vice Provisions heretofore in effect. Any applicant for position or promotion under the Civil Service Ordinance� shall, upon showing an honorable ser- vice in the forces of the United States, during a war� a veteran shall have five per cent (5�) added to the rating which he obtains on examination and a disabled veteran with a service connected disability shall have ten per cent (10�) added to his rating so obtained. (d) Absence Recorc3s and Reports. The Clerk of the Commission shall maintain on appropriate cards, a record of the ab- sences for various causes of the employees of each depart- ment. Each absence from duty of an employe� or appointed official shall be reported b y the administrative office of each department to the Clerk on a form to be developed by him. ' , � � . � . ` , 1�.0305 (e) Holidays. For the purpose of calculating annual leave� the following sha11 be considered as official holidays. New Y�ar's Day January 1 ?l�tshington's'�irthday February 22 Memorial Day P�lay 30 Indepander�c�: Day Suly 4 Labor Day September Arr_�istice Day November 11 Thanksgiving Day iVov�tn��r � Christ�as 1?�y Decec�ber 25 l�.0305 Classified �nployees to Maintain Residence in City� Exception All classified employees shall maintain residence within the cor- porate limits of the City of Cape Girardeau or on city owned prop- erty� except persons now employed and now living outside the cor- porate limits of the City of Cape Girardeau. 4.0306 Employee Separation and Discipline (1) Iay-off. In accordance with 4.0204 �he City Manager may lay off an employee in the classified se.rvice for the reasons cited therein. It is the purpose of these rules that the order in which employees are laid off shall be determined by the Commis- sion in accordance with the employeets service ratings and length of service with the city. The City Manager shall inform the Commission of all persons thus separated from the service through no fault of their own� and in accordance with 4.0303 (5) such persons may request that they be placed on re-employ- ment lists. If the City Manager does not certify to the Com- mission that the employees have been laid off through no fault of their own� the separation shall be deemed a dismissal and made subject to the provisions of this chapter and these rules governing dismissals. (2) Resignation. Any person who has served as a permanent employee in the classified service, and who has been separated therefrom by written resignation which is approved by the Co�n.ission con- stituting a separation from the service in good standing� may petition for re-instatement in the aervice. Such employees shall be placed on re-employment lists for their former class of position in the manner provided by 4.0303 (5) . (3) Suspension. The City Manager may suspend a permanent employee without pay up to a period of thirty (30) days within one (1) calendar year. Such action shall be subject to procedure set forth in seetion 4.0203 of this chapter relative to a hearing. (4) Demotion and Dismiasal. The City Manager may demote any em- p�_o;-ee in pay or class or dismiss anf employee. Such demotions a:�c: dismissals shall be �ubject to procedure set forth in sec- ticn 4.,C1203 of this chapt�r relative to a hearing. , • , . � . � �.0307 • �.0307 Personnel Records and Forms In order that proper reports may be made and records maintained concerning the various pers�nnel activities, the Commission shall develop and install appropriate forms and records to be maintained by the Clerk of the Corrmiission. �rery appointment, transfer, pro- motion, demotion, change of salary rate9 and any other temporary or permanent change in status of employees in the classified ser- vice shall be reported to the cl.erk, for revieur of the Commission on such forms as it rLay prescribe. /�.0308 Certification of Payrolls The Clerk of the Commission shall prepare a complete roster of em- ployees in the classified service showing the classification and salary rate of each employee which he shall use in certifying the department payrolls. The Auditor shall require a certificate on all payrolls from the department head that all persons named there- in have complied with the regulations governing uniform hours of work� holidays, and leaves of absence. No city disbursing officer shall pay any salary wages, or other compensation for personal servzces to any person holding a position in the city classified service unl�ss the pavroll or account shall bear t�ie certificate of the Clerk of the Commission that such per- sons were appointed or emplo,yed and were performin� services in ac- cordance with th� provisions of this chapter and the rules estab- lished thereunder. An.y taxpayer may r�aintain an action, in any civil court of record to recover for the city any sum paid contrary to the provisions of this paragraph from the person or persons authorizing payment9 or to enjoin the clerk from attaching his certificate to a payroll ac- count for service rendered in violation of the provisions of this chapter or of the rules establish�d thereunder. If any official shall willfully or negligently approve or make any payment or issua any warrant in violation of this chapter, he or they� and as sure- ties of his or their bond, shall be liable to the city for the a- mount thereof and action may be brought therefor by any taxpayer of the city without r�aking previous request of the city. If the clerk withholds certification of the payroll or account of any city em- ployee entitled to have his pay certified as having been appointed or employed in pursuance with the provisions of this chapter and of the rules thereunder, such employe� may maintain a proceeding by mandamus to compel the certif.ication of the payroll or account pre- sented in his favor. 4.0309 Procedure in Administration of Rules� U7ho to Determine The detailed procedure to be followed in thc administration of these rules shall be determined by the Comriission. 4.0310 Changing Rulcs These rules may be added to, amended or repealed in accordance with the same procedure set up for their original adoption.