The council, by motion, resolution or ordinance, may regulate the number and classes of offices and positions of employment in the various departments, offices and agencies of the city government, and may determine or regulate the compensation to be paid to officers and employees.

(Code 1977, § 2.52.010)

(a)

Before entering upon their official duties, the following personnel of the city government shall provide bonds for the faithful performance of their official duties, payable to the city, with a surety company authorized to operate within the state, in the amounts and form determined by the council by motion or resolution:

(1)

City manager;

(2)

City clerk;

(3)

City treasurer.

(b)

The council, by motion or resolution, may require other officers and employees in such positions as it may designate to be bonded; and also by motion or resolution may increase the amount of the bonds for the personnel listed in subsection (a) of this section. The city may also provide for a blanket bond to cover any or all of its officers and employees.

(c)

The city shall pay the premiums on such bonds.

(Code 1977, § 2.52.020)

The following words, terms and phrases shall prevail when interpreting the personnel board sections of this article and when interpreting section 2-4(e) of the Charter:

Board means the personnel board, and it shall not be construed to mean any other board, commission or committee.

Classified service personnel includes all permanent full-time employees of the city, but shall not include the following:

(1)

Part-time employees.

(2)

Temporary employees.

(3)

Department heads.

(4)

Council appointees.

Demotion means the act of reducing an employee to a lower step or grade in the city's position classification pay plan.

Discharge means the release or dismissal by the city manager, for cause, of any employee of the city.

Employee includes only the classified service personnel, as defined in this section, who are regularly employed by the city.

For cause means the judgment of the city manager in evaluating the work efficiency or in evaluating a particular issue involving any city employee when it is necessary and justified for the good of the city that the city manager dismiss or reduce in step or grade that employee because of that employee's work record and/or his misconduct.

Personnel board affected personnel includes all those employees who are classified service personnel as prescribed in this section, and except for certain supervisory personnel with special provisions as described in this article, and except for the city manager, it shall include all those classified service personnel who come under the jurisdiction of the Charter.

Reduction in grade means the demotion of any employee by decreasing his salary or wage in the position classification pay plan by reclassifying him to a lower position in another classification and/or lower step in the classification pay plan.

Suspension means that in the judgment of the city manager, when evaluating the work efficiency or when evaluating a particular issue involving any city employee, it is deemed necessary and justified for the good of the city that the city manager temporarily separate that employee without pay for a fixed period of time as may be more specifically outlined in the personnel rules and regulations.

(Code 1977, § 2.52.005)

Cross reference— Definitions generally, § 1-2.

(a)

The layoff, suspension without pay for more than ten days, or demotion or removal after serving a probationary period of six months, by the city manager, of any classified service personnel shall not become effective until a notice of action taken has first been served and a written statement of the reasons has been delivered or mailed by registered, certified or similar special mail to the employee.

(b)

Such notice shall contain one or more reasons for the action and shall be written in such a manner that it can be clearly understood by the employee.

(c)

Such notice shall also contain specifications of facts which will place the employee fairly upon his defense as to the reasons for the action.

(Code 1977, § 2.52.110)

(a)

Filing. Classified service personnel may appeal the actions contemplated in section 86-32 by filing a request for appeal, in writing, with the city clerk. The request must contain the explanation for the appeal.

(1)

The appeal must be made within ten days from the time the employee was served with the written notice of action taken. His appeal must be made in writing and be accompanied with a copy of his notice of action taken.

(2)

If no written appeal is received within the specified time limit, the action and decision of the city manager shall be final and binding.

(3)

No subsequent appeal on the action shall be made or recognized by the board.

(b)

Withdrawal. Any time after the appellant has submitted a written request for appeal, but prior to the hearing of his appeal, he may withdraw his request for appeal by a written statement declaring such withdrawal.

(1)

By submission of such a statement of withdrawal, the employee waives his right of further appeal and the action and decision of the city manager shall be final and binding.

(2)

No subsequent appeal on the action may be made or shall be recognized by the board.

(Code 1977, § 2.52.120)

Department heads shall have no right of appeal under this article inasmuch as department head personnel represent the city manager and hold top-level responsibility directly under the control of the city manager. The actual final disposition of these supervisory personnel shall rest solely with the city manager and may not be overruled by the board.

(Code 1977, § 2.52.130)

Pursuant to the Charter, there is created a personnel board with the duties, rights and powers set forth in this article.

(Code 1977, §§ 2.52.030, 2.52.040)

(a)

Composition; appointment and term of members; alternate member. As provided by section 2-4(e) of the Charter, the board shall be composed of five members appointed by the governing body for overlapping three-year terms, and members shall serve until their successor is appointed and qualified. The terms shall expire on May 1. A citizen of the city shall be appointed by the governing body to serve for a term of three years as an alternate member of the personnel board. The alternate member shall act as a replacement in the absence of disqualification of any of the regular members, and in so doing shall have all the powers and duties of a regular personnel board member.

(b)

Restrictions on membership. No member shall hold any office or position in the city government, nor shall any member be a relative of any city employee, following the same formula as described for nepotism in section 8-2 of the Charter.

(c)

Removal of members. The council, by a vote of a majority of the city council, may remove members of the personnel board for inefficiency, neglect of duty or malfeasance in office, or inability or incapacity to serve and the vote on such removal shall be by roll call and shall be entered in the minutes of the city council, and the council shall thereafter appoint a replacement to fill the unexpired term of the removed board member.

(d)

Nomination for appointment. Nomination for appointment can be made by any councilmember so long as a majority vote of the council is achieved when a personnel board member is selected.

(e)

Compensation of members. All board members shall serve without compensation unless the council provides otherwise. However, funds will be provided for reasonable and necessary expenses as authorized by the city council or city manager.

(f)

Officers. At the time prescribed for the beginning of the term of a newly appointed member, or as soon thereafter as practicable, the board shall elect a chairperson, a vice-chairperson and a secretary. The secretary need not be a member of the board.

(Code 1977, § 2.52.060; Ord. No. 913, § 1, 7-20-2004)

Qualifications for board members and board member candidates are as follows:

(1)

Board members and board member candidates shall not be elected officials of the city, county, state or national government.

(2)

Board members and board member candidates shall not be a candidate for any elective city, county, state or national office.

(3)

Board members and board member candidates shall not be an officer of any partisan political committee or an officer of any such political organization.

(4)

Board members and board member candidates shall not be an officer or shop steward of any labor organization.

(5)

Board member candidates shall be qualified electors of the city.

(6)

Board member candidates shall be chosen for their knowledge of or good judgment in the employment practices of a public or private organization similar in size or scope of operation to that of the city.

(Code 1977, § 2.52.070)

(a)

The board member or board candidate must either resign from that office which he holds and which places him in violation of section 86-53, or he must resign as a board member or a board candidate.

(b)

Failure to comply with the provisions of section 86-53(1) shall result in that board member being automatically recalled by the city council without special action by the council, or it shall result in that board candidate being disqualified from being appointed to a board position as long as the board candidate remains in violation.

(Code 1977, § 2.52.080)

The composition of board members necessary to hold a meeting is as provided in this section. A quorum of four seated board members is necessary for a hearing. If less than four board members are seated for a scheduled hearing, the board shall reschedule the hearing at a time and place when four members can be present.

(Code 1977, § 2.52.090)

(a)

Meetings to be public. The board shall conduct open meetings, except for executive sessions where authorized by the Open Meeting Law.

(b)

Regular and special meetings.

(1)

The personnel board shall hold at least one regular organizational meeting annually at a time and place determined by the personnel officer.

(2)

The board may hold such additional meetings as may be called by the chairperson; provided, however, that each member of the board shall be given at least 24 hours' written notice.

(3)

Special meetings may also be called by the written authority of two board members or by the authority of the city manager in the manner designated in subsection (b)(2) of this section.

(c)

Annual organizational meeting.

(1)

At the time prescribed for the beginning of the term of a newly appointed member, or as soon thereafter as practicable, the personnel officer shall designate the time and place of an organizational meeting.

(2)

The personnel officer shall aid the board in its efforts to elect a chairperson.

(3)

The board shall also elect a vice-chairperson and a secretary. The secretary need not be a member of the board.

(Code 1977, § 2.52.100)

(a)

The personnel board will allow all employees, as defined in this article, who have been laid off, suspended without pay for more than ten days, demoted or removed after a probationary period of six months an opportunity for such action to be more clearly defined to them; or, if such action is understood by them but is felt to be unjust, it will allow those employees recourse to appeal the decision to an impartial board.

(b)

The personnel board shall, therefore, be created for the employees of the city in order to provide the employees with an appellate review board to hear the evidence and the specifications of charges made by the city manager. The procedures described in this article shall apply when such charges have been filed for review with the board by any employee who has been suspended, discharged, or reduced in step or grade by the city manager.

(Code 1977, § 2.52.040)

(a)

The board shall hear appeals only under the following conditions:

(1)

Employees who have been suspended without pay for more than ten days, and only after the employee has served a probationary period of six months.

(2)

Employees who have been demoted, removed or laid off, but only after the employee has served a probationary period of six months.

(b)

Under the following conditions the board shall not hear appeals:

(1)

Employees who are not classified as classified service personnel.

(2)

Employees who have been laid off because their position was abolished by the city council by appropriate action corresponding with the authority provided by the Charter. The layoff may also be extended to include action by the city council for staff reductions due to economic reasons.

(c)

Board members shall serve as arbitrators and must render a decision on all hearings.

(Code 1977, § 2.52.050)

(a)

When the city clerk receives a request for an appeal as outlined in section 86-33, the personnel officer shall be notified and, as soon as practicable thereafter, the personnel officer shall set the date for a hearing on the appeal.

(b)

The hearing shall be scheduled within 15 days after notification has been given to the appellant and to the city manager.

(1)

Written notice of the hearing of the appeal shall be the method of notification for the parties in interest.

(2)

Such notification shall contain all necessary information concerning the hearing, such as the time and place of the hearing, and whether the appellant wants the hearing open to the public or closed to the public and private.

(Code 1977, § 2.52.140)

(a)

The chairperson shall serve as the coordinator and referee for the board at all hearings which the board sets in session.

(b)

The board shall hear the evidence of the charges and the specifications of the charges so filed and stated by the city manager. No material amendment of or addition to the charges or specifications of the charges shall be heard by the board.

(c)

The proceedings shall be as informal as is compatible with justice while still maintaining a court-like approach, with the rules which apply to administrative hearings governing the admission of evidence.

(d)

The chairperson of the board shall have the power to administer oaths and affirmations.

(e)

The board shall have power to subpoena officers and employees of the city and other persons to testify and to produce documents and other effects as evidence.

(f)

The appellant may be represented by counsel (at no cost to the city) and the city manager may be represented by the city attorney.

(g)

The city manager may designate an alternate to represent him, but the board shall have the authority to require the city manager's presence.

(h)

The board, after due consideration, shall render a judgment either affirming or disaffirming the action of the city manager, as further described in this article.

(Code 1977, § 2.52.150)

(a)

The city manager or his authorized representative shall present the evidence in support of the charge.

(b)

The appellant and/or his counsel shall then produce such evidence as either may wish to offer in opposition to the charges.

(c)

The board shall have the right of query after each witness or at any other time any board member deems it necessary, and any board member may examine and ask questions about any other evidence offered either in support of the charges or in opposition to the charges.

(Code 1977, § 2.52.160)

(a)

If the appellant shall fail to appear for no acceptable reason at the time fixed for the hearing, the board shall hear the evidence and render a judgment thereon.

(b)

If the city manager or his authorized representative shall fail to appear at the time fixed for the hearing and if no evidence is offered in support of the charge, the board may render judgment by default or it may hear the evidence as offered by the appellant and render a judgment thereon.

(Code 1977, § 2.52.170)

(a)

The city clerk or an authorized representative shall be present at all hearings of the board.

(b)

All proceedings of hearings shall be recorded on tape.

(c)

Copies of all pertinent documents and evidence, where feasible, shall become a part of the record.

(d)

The tapes, documents and evidence shall be a part of the official record of all hearings, and the tapes, documents and evidence shall be kept by the city clerk for a period of at least 48 months.

(e)

After 48 months, the tapes, documents and evidence may, at the discretion of the city clerk and in accordance with state statutes, be automatically disposed of.

(f)

Portions of the tapes, documents and evidence may be extended into writing only when requested by a majority of the board members.

(g)

At the conclusion of any hearing or at intervals therein, the chairperson of the board will report the board's findings and recommendations to the city manager.

(1)

The chairperson of the board shall render a written public statement regarding the hearing and the outcome thereof.

(2)

Since this board only considers those cases of a particular nature to the individual involved, it is the intent of this section to protect the integrity of the individual involved from misuse.

(3)

Such statements by the chairperson of the board are designed to provide the greatest benefit to the city and the individuals by giving the fullest understanding and explanation possible of the situation, while protecting the integrity of all those concerned with the case.

(4)

The statements shall be filed with the city manager and city clerk and shall become a part of the official record of such cases.

(h)

The city manager shall then make a final decision in writing regarding the appellant's layoff, suspension, demotion or removal, as the case may be.

(i)

The statements shall then be filed with the city clerk as the official public record of such cases.

(Code 1977, § 2.32.180)

The personnel board shall only find a decision as outlined in this section.

(1)

The board may find in favor of the action issued by the city manager, and the action and decision in favor of the city manager shall be final and binding. No subsequent appeal of the action may be made.

(2)

The board may find against the action taken by the city manager.

a.

A two-thirds majority vote of all members of the board shall be necessary to deny the city manager's action.

b.

If the board finds against the action taken by the city manager, it may recommend written modifications outlining the action the board feels should have been taken by the city manager and thereby modify the disciplinary action taken by the city manager.

(3)

Should the board find that the layoff, suspension, demotion or removal was made for a political reason, or for any other reason other than the good of the service, it shall veto the layoff, suspension, demotion or removal, and the action by the city manager or other authority shall be nullified thereby.

a.

The action and decision shall be final and binding.

b.

The action, as outlined by the board, shall take effect immediately.

(Code 1977, § 2.52.190)