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HomeMy WebLinkAboutResolution - 5578 - Approves Adoption-Revised Civil Service Rules-Lubbock Civil Service Commission - 08_14_1997RESOLUTION NO.5578 Item #19 August 14, 1997 RESOLUTION WHEREAS, Section 7-6 of the Code of Ordinances of the City of Lubbock require the City Council to approve amendments and revisions to the Civil Service Rules of the City of Lubbock; and WHEREAS, the Civil Service Commission of the City of Lubbock has heretofore on July 9, 1997, approved and adopted revised Civil Service Rules for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves the adoption of revised Civil Service Rules for the City of Lubbock, which said Rules were approved and adopted by the Lubbock Civil Service Commission on July 9, 1997. A copy of said Civil Service Rules are attached hereto and made a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of August , 1997. ATTEST: AS TO CONTENT: Mary Andreys, Managing Director of Human Resources APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney DGV:da/ccdocs/csrulcs.res August 4, 1997 RESOLUTION NO.5578 Item # 19 August 14, 1997 CITY OF LUBBOCK CIVIL SERVICE COMMISSION RULES AND REGULATIONS ADOPTED BY CIVIL SERVICE COMMISSION JULY 911997 RULE 1 GENERAL PROVISIONS Section 1.01 Repeal of Prior Rules The rules hereinafter set forth represent a complete revision of the original City of Lubbock Civil Service Rules as well as those subsequently issued. These rules completely repeal and replace such earlier rules adopted by the Civil Service Commission and the Lubbock City Council. These rules are promulgated in accordance with the provisions of the Municipal Civil Service Law (Chapter 143 of the Local Government Code) and according to Chapter 7 of the Lubbock Code of Ordinances. Section 1.02 Scope of the Rules The scope and construction of the rules hereinafter set forth are adopted in accordance with Section 143.008, "A commission shall adopt rules necessary for the proper conduct of commission business'. All situations not covered by State Civil Service Law, by City Ordinance or by these Rules shall be resolved in accordance with the City of Lubbock Personnel Policies and Procedures governing non -civil service employees. Section 1.03 Definitions All terms, words, or phrases contained in these rules shall be interpreted in accordance with the definitions contained in Chapter 143, and other applicable law. The term "Civil Service Ordinances" shall mean the ordinances codified in Article VIII, Chapter 2, and Chapter 7 of the Code of Ordinances of the City of Lubbock. The following specific definitions shall also apply: a) "Fire Fighter", "Police Officer", "Commission", "Civil Service Director", - see Chapter 143. "Fire Fighter" and "Police Officer" as referred to in Chapter 143 shall be considered to include both male and female. b) Unless preceded by the term, "the rank of" in these rules the terms "police officer", and "firefighter", shall refer to all members of the Fire or Police Departments subject to the provisions of Chapter 143. c) "Civil Service Position" - any position in the classified service of the Lubbock Fire and Police Departments. d) "Classified Service" - members of the Lubbock Fire Department or the Lubbock Police Department as defined under fire fighter and police officer in Chapter 143. Page 1 , e) "Demotion" - whether voluntary or involuntary is a transfer of an employee from a position in one classification to a position in another classification in accordance with the classification and pay program, for which the maximum rate of pay is lower. A pay program that reduces salaries for all classifications or all salaries for a single classification is not a demotion. f) "Salary" - the designated rate of pay for a classification exclusive of longevity pay, education incentive pay, assignment pay or any other specially authorized additions to salary. g) Whenever the term "he" is found in these rules, it shall be interpreted to mean either he or she. h) "Director" means Director of Civil Service. Section 1.04 Non -Discrimination No person shall be discriminated against based upon race, sex, creed, religion, color, national origin or any non - disqualifying handicap. Page 2 RULE 2 CIVIL SERVICE COMMISSION Section 2.01 Regular Meetings The Commission shall meet once a month at a regularly scheduled meeting. The day of that month will be determined by the Commission. All agenda items shall be submitted to the Director of Civil Service prior to the scheduled meeting date. Items requested to be placed on the agenda should be requested of the Director at least five (5) working days in advance of the meeting date. Section 2.02 Special Meetings Special meetings shall be scheduled by the Director of Civil Service at the direction of the Chairman or at the written request of any two Commissioners. These meetings will be posted as in Section 2.04. Section 2.03 Open Meetings Regular and special meetings of the Commission shall comply with the Texas Open Meetings Act. Section 2.04 Notice of Meetings Announcements and agenda of meetings shall be posted on the open meeting board at the City Municipal Building at least 72 hours prior to a scheduled meeting. The announcement shall contain date, time and place where the meeting will be held. Such posting shall conform to the requirements of the Texas Open Meetings Act. The Director of Civil Service shall be responsible for posting the public notices prior to each meeting and also providing this posting to the Chief of Police and Fire for distribution to various shifts or stations. The Director of Civil Service may for good cause cancel a scheduled Civil Service meeting by writing "Canceled" across the meeting notices posted in all required posting areas. The Director of Civil Service shall report said cause to the Commission. Section 2.05 Procedures of Commission The Commission may, by majority vote, adopt amendments by minuted action for the administration of these rules. Such amendments, as so identified by the Commission and approved by the City Council, shall be published within 60 days on adoption. Section 2.06 Minutes The minutes of the Commission shall record the following matters in summary form: a) adoption of minutes of the prior meeting; b) names placed on or removed from eligibility lists; Page 3 { c) appeal from dismissal, demotion or suspension and the action taken on those matters by the Commission; d) rules and procedures adopted by the Commission; e) any other significant actions taken or reports received by the Commission. The minutes of the Commission shall be signed by the Chairman, Commission Members present and the Director. Section 2.07 Records Records of the Commission shall be governed by the Texas Public Information Act, with regard to information that is protected and information which is public. Section 2.08 Classification and Seniority Lists Classification and Seniority Lists required under Chapter 143 shall consist of all classified members, their grades, titles, dates of hire, and dates of most recent promotion. Said lists shall be published and made available at least annually. The positions in the Fire and Police Departments shall be classified as follows: Fire: Fire Fighter Equipment Operator Lieutenant Captain District Chief Deputy Chief Police: Police Officer Corporal Sergeant Lieutenant Captain Assistant Police Chief Section 2.09 Committee of the Whole In the discharge of their duties, members of the Civil Service Commission act as a Committee of the Whole and not as individuals. An individual Commission member has no legal or moral right to speak for the Commission unless specifically authorized to do so by action of the Commission. Section 2.10 Quorum Two members of the Commission constitute a quorum sufficient to conduct a business meeting and hearing. However, to avoid a deadlock on matters of importance, all three members should be present. Section 2.11 Nepotism A member of the Civil Service Commission cannot be related to a person in a City of Lubbock classified service position, a Department Head of the Police or Fire Department, the Director of Civil Service or the Director's designees, or to the City Manager (refer to the City of Lubbock Page 4 Personnel Policy Guidebook, Section 2.04, Nepotism, for the definition of a relative.) Section 2.12 Conflict of Interest If a commissioner has a direct personal or pecuniary interest on any question or appeal before the commission, the commissioner should make the fact known to the other commissioners and interested parties, and should abstain from voting on the matter at issue or from hearing an appeal under consideration, if the commissioner believes that he or she cannot disregard the relationship or interest so that the same will not affect the deliberations of the commissioner or the commissioner's assessment of the credibility of a witness or the weight to be given to the witness's testimony. For example, if a commissioner is related to an interested party or witness or has a financial relationship with an appellant or witness, or if a witness is also a potential witness in a litigation in which the commissioner is participating the fact should be disclosed to the commission and interested parties. Page 5 RULE 3 ORIGINAL APPOINTMENT AND ENTRANCE EXAMINATIONS Section 3.01 Reappointment After Resignation A police officer who voluntarily resigns, subject to the exception set forth in Section 6.02, from the police department is not required to retake the entrance examination. However, he/she will have to complete all other phases of the recruiting process and therefore can only be rehired by order of the Chief of Police. Section 3.02 Publishing Eligibility Lists Tentative eligibility lists will be published and posted one calendar week after the completion of the entrance examination. These lists will not include the tie breakers and will only contain the raw score, any applicable military credit, and the final score of the applicants. The permanent list will rank order the applicants after the ties have been broken and must be approved by the Civil Service Commission. The eligibility list for Fire Fighters will expire one year after the date of the entrance exam. The eligibility list for Police Officers will expire 6 months after the date of the entrance exam. Section 3.03 Posting of the Notice to Conduct Entrance Examinations a) Application forms for entrance examinations shall be designed and prepared by the Director in cooperation with the Chiefs of the Departments. The application packets must conform to the requirements of Chapter 143, the Civil Service Local Rules and any applicable employment laws. The applications shall enable the Director to determine whether an applicant meets the minimum qualifications for the position, and to provide the Chiefs with all necessary information needed to determine minimum qualifications for entry level positions. b) Each applicant will be provided with a receipt upon return of the application. Each receipt shall be dated and consecutively numbered and shall serve as the applicant's admission ticket to the testing site on the day of the entrance exam. c) After the deadline for acceptance of applications, the Director shall review completed applications to determine if each applicant meets the minimum legal and documentation qualifications for the position. In cases where qualifications and documentation are not met, the Director shall notify the applicant that their application has been rejected and inform them of the reason. Page 6 d) Applicable minimum qualifications shall be those that comply with the statutory requirements and/or minimum standards set by the Civil Service Commission and/or the appropriate State Certification agency. Section 3.04 Entrance Test Administration Procedures a) Smoking shall be prohibited at all times in the testing area. b) Roll Call - Roll shall be taken with appropriate identification and no applicant shall be admitted once test instructions start. Applicants shall be provided a copy of the test instructions sheet to read along with the test proctor. c) Honorable Discharge Credit - Those persons who desire to have discharge credit added to their test scores, must provide proof of an honorable discharge prior to the deadline for acceptance of applications. Any discharge by whatever name known that includes any language other than "Honorable Discharge" is not creditable for the purposes of this section. d) Failure to Appear - The applications of persons who fail to appear for the Entrance Examination shall be voided and shall be disposed of by the Director of Civil Service. e) Cancellation of Entrance Examination - The Commission may cancel a scheduled Entrance Examination for sufficient cause. f) Cheating - Any person taking an Entrance Examination who uses or attempts to use any unfair or deceitful means to pass such examination shall be informed by the examiner and the examiner shall void that person's exam. The examiner shall report his action to the Commission. g) Test Monitors - The Director of Civil Service may select a reasonable number of persons employed by the City of Lubbock or an agency of the State of Texas to assist in the administration, proctoring and grading of Entrance Examinations. h) Personal History Statements - Applicants shall be given a Personal History form to be completed and returned at a time designated by the Chief of the respective department. Failure to complete and return this form at the prescribed time shall constitute reason for removal from the eligibility list. Page 7 Section 3.05 Rejection of an Applicant The Director or the Department Head may reject any application from an applicant for any one or more of the following reasons: a) lack of any of the established minimum qualifications established by the Director of Human Resources and the Department Head; b) any applicant who has a credit history which demonstrates a lack of commitment to pay just debts. Factors which will be considered include the type and number of debts, reasons for any record of bad credit, extenuating circumstances, and any potential for the credit related problems impacting the applicant's judgment and integrity; a poor credit history alone will not disqualify an applicant; however the circumstance surrounding the financial situation which demonstrates lack of commitment to responsibly address the situation would be disqualifying; c) unable to pass a criminal history check, including all applicants who have admitted, pled guilty to, or been found guilty of any felony or who have admitted, pled guilty to, or been found guilty of any Class A or Class B misdemeanor within five (5) years of the date of application; presently under indictment or charges for any criminal offense other than a Class C misdemeanor traffic violation; any indictment or charges for any Class C misdemeanor criminal offense other than traffic violations presented within the last 12 months; any indictment or charges for any misdemeanor criminal offense other than Class C misdemeanor presented within the last two years; any pending indictment or charges; unable to pass drivers license requirements; any drivers' licensing suspension within last 2 years; conviction for 3 moving violations within last 12 months; conviction for 6 moving violations within last 24 months shall also be deemed to fail the criminal history check; d) illegal use of any controlled substance listed in Schedules I through V or Penalty Groups 1 through 3 of the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, including but not limited to cocaine, opiates, hallucinogens, stimulants, depressants, or steroids, more than one time; e) any sale of controlled substances or dangerous drugs as defined in the Texas Controlled Substances Act, Chapter 481, and Dangerous Drugs Act, Chapter 483, Health and Safety Code; f) has intentionally made a false statement in any material fact, intentionally withheld information, practiced or attempted to Page 8 practice any fraud or deception in his or her application process, examination, interview, or appointment shall be disqualified; g) fails to cooperate fully in the employment process by such acts as missing appointments, failing to rerun necessary paperwork, failing to notify the department of current telephone numbers or addresses, failing to cooperate in the background check required of each applicant, or otherwise failing to complete the employment process shall be disqualified; h) unable to pass tests designed to evaluate the mental and physical ability to perform the essential functions of a Fire Fighter or Police Officer. Any applicant who is under the care of a physician during the application, examination, or interview process must provide a written release from that physician in order to participate in any portion of the employment selection process designed or intended to test the applicant's physical ability to perform the essential functions of a Fire Fighter or Police Officer; i) unable to comply with all applicable City of Lubbock Administrative Directives which set forth requirements for applicants seeking employment with the City: j) has an employment history which demonstrates instability unreliability, or unsuitable for duty as determined by the Department Head. Any applicant who has been involuntarily terminated from employment, or who has resigned in lieu of involuntary termination for inefficiency, delinquency, or misconduct within five (5) years of the date of application will be disqualified. Similarly, any applicant who has a history of unstable work, as demonstrated, for example, by short terms of employment over the applicant's history, will be disqualified; k) unable to commit to conditions of employment as designated by the Department Heads 1) any discharge from military service other than Honorable m) cannot intelligently read, write or fluently speak the English language; n) has been dismissed from public service for delinquency or misconduct. Page 9 o) has a personal history which demonstrates inadequate interpersonal skills indicating unsuitability for duty as determined by the applicable department head. Section 3.06 Eligibility Lists for Original Appointments a) "Minimum Passing Grade" - The minimum passing grade on the entrance examination shall be seventy (70). This minimum passing grade must be achieved before any additional credits are added to the applicants final score. b) "Honorable Discharge Credit'- The minimum passing grade shall be 70. Five points for honorable discharge credit shall be added only to those person's scores which meet or exceed the minimum passing grade. In no case shall such points be added to an individual's score to qualify for the minimum passing grade. c) "Honorable Discharge Recipient" - For the purpose of this section, a person who has received a DD Form 214 upon release from active duty in the armed forces of the United States, and said DD Form 214 shows the person is eligible for an "Honorable Discharge", shall receive honorable discharge credit. Any discharge, by whatever name known, that includes any language other than "Honorable Discharge" is not acceptable for the purpose of this section. d) Establishing the Entrance Eligibility Lists - Upon successful completion of the written tests and attainment of a passing score, the applicant's total final grade will be computed by using the score on the written examination plus "Honorable Discharge Credit". e) Tie -Breaking Procedure - In the event that two or more fire or police applicants make identical total final grades under the above sections, then the order of their rank on the eligibility list shall be based upon the examination score of said applicants. Should there still be a tie score, then the order of said applicants shall be decided by the date of birth with the earliest birth date in the calendar year of birth prevailing. Section 3.07 Selection of Persons for Appointment from Eligibility Lists a) Declaration of a Vacancy in the Department - Whenever the Chief of the department determines that a sufficient number of unfilled positions exist in a department, he shall request in writing that the Commission through the Civil Service Director provide a current list for original appointments in that department. Page 10 b) Selection Process - When the Chief of the department receives a current eligibility list for original appointments in his department, he shall begin the selection process to determine the applicant's job qualifications. The following steps may be initiated for appointing Police Officers: 1) Background Investigation Candidates will complete a Personal History Data Sheet, and a thorough background investigation will be conducted by the Police Department. All information will be confirmed. Omissions or falsifications are grounds for rejection. 2) Interview Panel Candidates will be interviewed for the position of Police Officer by an interview panel. Decisions rendered by the panel are final. 3) Medical and Psychological Examination Prior to appointment to the Police Department as a Police Officer, each candidate is required to undergo and pass a thorough medical examination provided by the City of Lubbock. This examination will include testing for drug dependency or illegal drug use. Each candidate must also pass an evaluation by a licensed psychologist. 4) Polygraph A polygraph examination will be given for deception in pertinent areas. 5) Interview with Chief of Police The interview will focus on candidate's background and information provided during the Interview Panel. Page 11 A The following steps may be initiated for appointing Fire Fighters: 1) Background Investigation Candidates will complete a Personal History Data Sheet, and a thorough background investigation will be conducted. All information will be confirmed. Omissions or falsifications are grounds for rejection. 2) Interview Panel Candidates will be interviewed for the position of Fire Fighter by an interview panel. Decisions rendered by the panel are final. 3) Medical Examination Prior to appointment to the Firt each candidate is required to medical examination provided examination will include testing drug use. 4 Interview with Fire Chief Department as a Fire Fighter; undergo and pass a thorough by the City of Lubbock. This for drug dependency or illegal The interview will focus on candidate's background and information provided during the Interview Panel. The Chief of the department shall notify the Commission, in writing, of the names and date of employment of all persons he appoints from an eligibility list. c) Fraudulent Statements - Any false statement knowingly made by any applicant or made at his request or with his knowledge, in any instrument which may accompany his application or any other document required to be completed during the selection process, shall be sufficient cause for the Director to recommend to the Commission to remove the applicant's name from the eligibility list. d) Declining Appointment - The name of any eligible person who has been offered appointment by the Chief of the department and declines the appointment, shall be stricken from the Eligibility List unless the person shall decline for reasons of temporary inability, physical or otherwise, to accept appointment. The person shall state his reasons in writing and shall present them to the Chief of the department who shall forward them to the Commission with his Page 12 recommendation. The Commission may allow the person to remain on the eligibility list for consideration at some future date during the life of that eligibility list. Section 3.08 Beginning of Probationary Period The probationary period shall be one year and begins on the first day of employment. All Fire Fighters and Police Officers shall serve a probationary period of one year beginning on the date of employment with the department as a Fire Fighter or Police Officer or academy trainee. a) During the probationary period, Police Officers and Fire Fighters are employed "at will" and shall be subject to discharge at the discretion of their Department Head, which discharge shall be final and unappealable to the Commission. b) Probationary employees shall only have such rights as designated by the City of Lubbock Personnel Policy Guidebook for probationary employees and departmental rules and regulations. Probationary employees shall not be entitled to: 1) specific charges filed against them; 2) a hearing before the Civil Service Commission or a Third party hearing Examiner; 3) appeal to district court in accordance with rights afforded to civil service employees pursuant to Chapter 143. c) A probationary employee may be afforded an exit interview before the department head. The probationary employee is not protected or covered under civil service. d) A probationary employee who is terminated will be given the same rights as any other non -civil service employee on probation as outlined in the Personnel Policy Guidebook. Page 13 RULE 4 PROMOTIONAL EXAMINATIONS Section 4.01 Frequency of Promotional Examinations The Commission shall cause promotional examinations to be given as often as required to fill vacancies. As soon as the Chief of the department anticipates a vacancy, he shall advise the Director of Civil Service. In those cases where it is not possible to anticipate a vacancy, such as a death or resignation of an incumbent, the Chief of the department shall advise the Director as soon as the vacancy occurs. When the Commission is notified of a vacancy or an anticipated vacancy, it shall proceed to conduct a promotional examination. Section 4.02 Notice of Promotional Examinations Notice of a promotional examination shall be posted by the Commission not less than 31 days prior to the date set for the promotional examination. Section 4.03 Content of Promotional Examination Notices Notices for promotional examinations shall contain the following information: a) Classification to be tested for and its salary. b) Date, time and place of examination. c) Qualifications required to take the examination. d) Dates during which the "Intent to Take Examination" forms can be filed. e) Place where "Intent to Take Examination" forms can be picked up and returned. Section 4.04 Intent to Take Examination Forms This form shall be designed and prepared by the Director of Civil Service. The Commission shall allow not less than 10 working days for eligible candidates to file this form from the date said forms are made available. When said forms are filed, a receipt shall be provided to the applicant. Section 4.05 Eligibility for Police Corporal or Fire Equipment Operators In computing the time -in -grade requirements for the positions of Police Corporal or Fire Equipment Operator, a Police Officer's or Fire Fighter's probationary service shall not be included. Page 14 Section 4.06 Posting of Source Material A list of source materials for which the questions shall be taken shall be posted at least 91 days before the date of the examination. Each source shall be cited in standard bibliographical form, identifying the exact book, pamphlet, statute or any other referenced material. Any chapters or similar major subdivisions of a source which are not considered appropriate for testing for the grade involved may be noted on the source material list. No question shall be taken from deleted chapters or subdivisions. Section 4.07 Insufficient Number of Eligibles to Take Promotional Examinations Whenever a promotional examination is scheduled and fewer than four (4) eligible members file "Intent to Take Examination" forms in the required time, or fewer than four (4) eligible members appear to take the examination, it shall be deemed that an insufficient number of interested members exist in the eligible classification to take the examination, and the Commission may cancel such examination and reschedule said examination after opening eligibility to persons with less than two years' service or persons in the next eligible classification as provided by law. Section 4.08 Smoking During Promotional Examinations Smoking shall be prohibited during promotional examinations. Section 4.09 Conducting Promotional Examinations At the beginning of the promotional examination, roll shall be taken from the "Intent to Take Examination" forms. Any person who has not filed such form shall not be permitted to take the examination. At the posted examination time, all examinees shall be provided with a copy of the test instructions to read along with the test proctor. Such instructions shall also state the time and location where examinations, materials and answer sheets may be reviewed following the examination. No applicant shall be admitted to the examination area after the instructions procedure has started. All materials necessary to take the examination shall be brought to the test site by the Director of Civil Service or designee to include: 1) Test booklets for all eligible applicants 2) Sufficient answer sheets 3) Soft lead pencils 4) Blank scratch paper 5) Instruction sheets Page 15 6) Review of promotional exam instructions Section 4.10 Post Examination Procedures Individuals taking the examination will watch the grading process and will sign the grading sheet. The confirmed score will be final. For five (5) business days immediately following the day of the test, persons who took the test shall be allowed to view their examination, answer sheet, instruction sheet and the source materials from which the test questions were taken. In order to ensure fairness to all and maintain the integrity and security of the tests, the following procedures shall be used: a) Source materials and test folders containing the examination, answer sheet, instruction sheet and scratch paper for each individual tested shall be available for their examination at the test review location. b) Each individual shall be allowed to examine his own test, answer sheet, verify the number of questions missed and fully examine each question missed. c) An individual who desires to protest a question may submit the appeal in writing on an Appeal Form provided by the Director within the five (5) business days immediately following the day of the test. The Appeal Form shall include the following information: 1) The date and classification of the test being appealed. 2) Information shall be provided stating the basis for the appeal and request for a commission hearing. 3) The specific action desired on the part of the Commission (i.e. delete question, change answer, etc.) d) A written notice and a copy of any question protested shall be provided to the department for distribution to all locations where tested individuals work. Individuals, who have taken the exam in question, who desire to appear before the Commission either in support of the accepted answer for a protested question or to join in the protest of this answer, shall be permitted to express their rationale concerning the proper answer. This rule does not exclude individuals or City officials responsible for administering the exam or duly identified representatives of individual examinees. e) Once appeals are received, the Director of Civil Service shall prepare a written response for each appeal filed, which shall be attached to the appeal: Page 16 1) Question number 2) Question and answers as they appeared on the test 3) Correct answer as shown on the scoring key 4) Copy of the page(s) from which the question was pulled or those being referenced by the person appealing to support the appeal 5) Appellant(s) name(s) 6) Staff response to the appeal, including recommended action This information shall be provided to each Commissioner at the scheduled Commission meeting. f) The appeal shall be heard at the next meeting of the Civil Service Commission. At that meeting, testimony, discussion, and/or questioning on the appeal shall be held but shall be limited to issues involved in the written appeal or other items listed on the agenda. g) During the appeal hearing, the following rules will apply: 1) Appealed question(s) will be considered in numerical order. 2) Each appellant shall be given an opportunity to present reasons for appeal. The appellant may designate a representative to present comments. 3) The Chairman will first ask each appellant if he still wishes to appeal. The appellant will then be allowed to make a brief presentation. The Commission may limit the time for each appellant to speak on each question as long as all Commissioners agree to such limitation. 4) After each appellant has spoken on the question, the Commission may ask questions of the appellant. The Chairman will then allow others an opportunity to speak on the question offering differing opinions, if they so desire. The Commission will then make a decision on that question once all discussion has ended. 5) The Commission will then consider the next question being appealed, and so forth, until the Commission has rendered a decision on each of the appealed questions. Page 17 6) After discussing each question, the Commission will vote on their decision on each question. The Commission will decide on one of the following alternatives for each appealed question: a) keep the same answer as on the original key (answer stands); b) change the correct answer; c) delete the question. 7) A majority of the Commission agreeing on a decision will determine the final decision on that question. 8) After announcing their decisions on each question, the Director of Civil Service will re -score all answer sheets and establish a new eligibility list during the hearing. The amended eligibility list shall have the same effective date as the original list. If a question is deleted, the total number of test questions will be reduced and the new eligibility list will be based on the remaining number of questions. For example, if two questions are deleted, this reduces the total number of questions on the test to 98. The value of remaining questions will be changed to equal a total of 100 points. Seniority points will then be added. The new eligibility list will be typed and posted within 24 hours. Section 4.11 Source Materials a) Beginning with the effective date of these procedures, the Chiefs shall appoint Source Materials Review Committees for both Fire and Police Departments. These committees will be appointed annually and will submit recommendations regarding source materials lists to the Chiefs. The Chiefs will make the final source material list. The Commission in a public meeting will approve all source material lists submitted by the Chiefs. Once so approved, they shall go into effect immediately following such approval and will remain in effect until altered by further actions of the Commission. Any list that is changed will note a revision date. b) Any amendments to Source Materials lists must be made ninety (90) days prior to any test date. Section 4.12 Procurement and Maintenance of Source Materials a) Upon receipt of an approved change to the source materials list including the addition of new source materials, the Chiefs shall take steps to insure that those new materials are made available to all Page 18 I interested candidates as soon as possible, but not later than ninety (90) days prior to a promotional examination to which those materials pertain. b) Source material shall be of reasonably current publication and be made reasonably available to each member of the fire or police department. c) Any individual who at any time finds source lists materials to be missing shall be responsible for notifying the Chiefs of the missing materials verbally and in writing immediately upon making such discovery. Section 4.13 Cheating on Examinations Any examinee who uses or attempts to use any unfair or deceitful means to pass an examination shall be informed by the examiner witnessing the act that the examinee's actions shall be reported to the Commission. The examiner shall later make the report to the Commission for its determination. If the Commission determines after a hearing that the charges of cheating are true, such examinee shall be removed from the eligibility list by the Commission, and will be subject to disciplinary action by the Chief. Section 4.14 Frauds and Abuses No person shall deceive or obstruct any person in respect to his rights of examination under the provisions of these rules or falsely mark, grade, estimate or report the examination or standing of any person examined thereunder, or aid in so doing or furnish to any person except in answer to inquiries of the Commission, any special information for the purpose of either improving or injuring the rating of any such person for appointment. No applicant shall deceive the Commission for the purpose of improving his chances for appointment. The Commission shall take appropriate action to maintain or reinstate the integrity of the examination and its results. Such action may include removing an offending person's name from the eligibility list or voiding the entire results of an examination. Section 4.15 Eligibility Lists a) "Minimum Passing Grade" - The minimum passing grade on promotional exams shall be seventy (70). This minimum passing score must be achieved before any additional credits are added to the applicants final score. b) Definitions - For the purposes of this section, the following term shall have the meaning as indicated: "Seniority" - The total time of employment as a police officer or firefighter for the City of Lubbock with the exception of probationary status. Time -off for disciplinary suspension does not constitute a Page 19 loss of seniority time, nor does it constitute a break in service. The time involved in "move -up" is also not included. It does mean all years of service as an officer or firefighter with the City of Lubbock whether interrupted, or uninterrupted and not merely the last continuous period of service. c) Posting of Eligibility List - The Director shall post the tentative promotional eligibility list within 24 hours after the conclusion of the test. The life of the eligibility list begins on the day the test is taken. d) Ranking of persons on Eligibility List - The total final grade of each person on the eligibility list shall be computed, for all persons making at least a minimum passing score, by adding the examination raw score to any seniority credits for years and fractions of year's service based on a 365-day year. Seniority credit shall be figured to three decimal places. e) Tie -Breaking Procedure - In the event two or more examinees make Identical total final scores under the above section, then their order on the eligibility list shall be based upon their examination raw scores only. In the event the examinees are still tied, their order on the eligibility list shall be based upon whomever has the greatest length of time in their present grade or classification. In the event the examinee's are still tied, their order shall be decided by their rank on the preceding eligibility list from which they were promoted. f) Removal from Eligibility List - A person occupying a position on a current eligibility list shall be removed from the eligibility list by the Commission whenever he 1) terminates from the classified service, or 2) voluntarily requests that he be removed, or 3) declines an offered promotion three times, or the head of the department passes over such person and such bypass is not challenged or is upheld by the Commission, or any combination of the two for three times, with written reasons filed thereafter by the head of the department with the Commission and not set aside. g) Exhaustion of Eligibility List - If all candidates on a given promotional eligibility list reject a position, all shall be considered to be removed from the promotional list, the list shall be considered to be exhausted and a new examination shall be posted. New examinations posted following the exhaustion of a promotional eligibility list due to rejection of a position may be dropped to the next lower classification as specified in Chapter 143. Page 20 Section 4.16 Selection Process a) Declination of Promotion - Any individual offered a promotion as the next eligible candidate from a Fire or Police Eligibility List may decline such promotion for reasons which seem to him to be necessary and appropriate. Those reasons shall be furnished in writing to the head of the appropriate department for his consideration and retention in file. If a candidate verbally turns down a position but does not sign a form it will also be valid. Page 21 !1 RULE 5 FIRE FIGHTER AND POLICE OFFICER AGE, PHYSICAL AND EDUCATIONAL REQUIREMENTS FOR APPOINTMENT Section 5.01 Age Requirements a) Fire Fighter - Applicants for original appointment to the Fire Department must be at least 21 years of age and less than 36 years of age at the time of the entrance examination. Applicants must also be less than 36 at the date of hire. b) Police Officer - Applicants for original appointment to the Police Department must be at least 21 years of age at the time of the entrance examination and less than 36 years of age. Applicants must also be less than 36 years of age at the date of hire unless they are eligible under "c" in the section below. c) If a police applicant has at least five (5) years of experience as a police officer or at least five (5) years of military experience they may qualify if they are older than 36 years of age but less than 45 years of age at the date of hire. No person that has passed his 45th birthday may be certified as eligible for hire. Section 5.02 Medical and Physical Requirements for Beginning Positions a) Physical Capabilities - All applicants are required, prior to employment, to pass a medical/physical examination performed by a physician selected by the Commission. The purpose of such examination is to ensure the applicants medical fitness to consistently perform the following physical components: (1) Police Officer: There are, at a minimum, seven (7) physical ability areas that are frequent and critical to the adequate performance of the position of police officer. The applicant must be of a physical condition to adequately perform in these areas. These areas are: Climbing - Requires the ability to climb stairs, ladders and over fences and walls. Pushing - Requires the ability to push such objects as a vehicle, with or without assistance. Page 22 Dragging/Pulling - Requires the ability to drag/pull objects or an unconscious, semi -conscious or passive resisting person. Lifting/Carrying - Requires the ability to lift or carry an object such as a spare tire, small television or stereo set, or assist in lifting an unconscious or disabled person. Running - requires the ability to maneuver, while running, around obstacles such as vehicles and trees or shrubs and maintain balance while negotiating rough terrain and uneven surfaces such as ditches, curbs and walkways. Jumping - Requires the ability to jump obstacles such as narrow ditches, small shrubs and fences. Crawling - Requires the ability to crawl through confined spaces such as storm drains, attics and crawl spaces that are typical in building searches. (2) Firefighter - There are several physical ability areas that are frequent and critical to the adequate performance of the position of firefighter. The applicant must be of physical condition to adequately perform in these areas. These areas are: Climbing - Requires the ability to mount and dismount various pieces of fire equipment while wearing full complement of firefighting safety equipment such as self-contained breathing apparatus (which weighs approximately forty-five pounds), boots, gloves, pants, coat, and helmet. Requires the ability to climb and descend stairs, fences, walls and ladders ranging from eight feet to 100 feet. Dragging/pulling- Requires the ability to drag/pull a variety of fire hoses ranging from 30 pounds to several hundred pounds; requires the ability to drag/pull heavy, bulky items such as personal household items and commonly used fire tools and equipment; requires the ability to drag/pull an unconscious or semi -conscious person to safety. Lifting/Carrying - Requires the ability to lift/carry, with assistance, fire department tools, equipment and hoses, or assist in lifting or carrying an unconscious or disabled person. Forcible Entry - Requires the ability to use heavy sharp or blunt objects to make a safe passage through roofs or doors. Page 23 b) Physical Examination - The physical examination shall include a thorough medical examination including a back x-ray, chest x-ray and laboratory tests as necessary. The physician may administer additional tests and examinations as are deemed necessary and proper to determine whether such applicants are physically capable of performing the duties of the position for which they are being considered. The examination shall include, but not be limited to the following requirements: (1) Medical History: Applicants are required to provide, at the physician's request , a full and accurate medical history. Falsification of such information shall result in rejection. (2) Vision - Police Officers Police officer candidates shall posses uncorrected visual acuity of 20/100 or better in each eye with both eyes correctable, with eye glasses, to at least 20/20 binocular vision, or 20/200 or better vision correctable to at least 20/20 binocular vision with contact lenses. Color Perception - Ability to discriminate between the basic color groups. Vision - Fire Fighters With Glasses or Contacts: minimum uncorrected binocular visual acuity of 20/100 and minimum corrected binocular visual acuity of 20/30. Successful long term soft contact wearers will not be required to meet uncorrected visual acuity standards. Peripheral Vision: minimum uncorrected peripheral vision of 140 degrees In the horizontal median in each eye. Color Perception: Must be able to discriminate between red, green and yellow. 3) Hearing - All applicants shall be able to hear sounds within the normal hearing range. 4) Cardiovascular system - The blood pressure shall be within a normal range, rhythm of the heart shall be strong and regular, and the pulse rate shall be within normal limits. 5) Muscular and Skeletal System - The development of the muscular and skeletal frame shall be within normal limits, Page 24 conditions of the joints, there shall be no ruptures, and the applicant shall be free from chronic strains and spasms. 6) Motor Skills - Applicants shall have normal eye -hand coordination and shall possess the manual dexterity to operate small tools or equipment. 7) Contagious Diseases - Applicants shall be free from contagious diseases which would prevent or limit their performance of the duties for which they are being considered or which would present a health problem for employees of the department 8) Applicants shall be free from chronic diseases that prevent the performance of duties of the position for which they are being considered. 9) Respiratory System - Applicants shall be free from chronic infections and respiratory ailments which would prevent the performance of the duties for which they are being considered. c) Other Requirements - The above physical requirements are not exclusive and other existing physical defects or conditions which exist that would prevent the applicant from acceptably performing the duties of the position for which he is being considered shall be grounds for rejection. Section 5.03 Educational Requirements All Civil Service applicants shall be required to have at least a high school diploma or a GED at the time of application. Section 5.04 Returning Employees Any persons desiring to return to the classified service from any physical or medical condition, shall submit a report from his personal physician stating that the employee has recovered from his temporary disability to the extent necessary to resume his duties. If the Commission or the head of the department questions the report, the procedure found in Chapter 143.081 shall be followed. Page 25 RULE 6 DISCIPLINARY PROCEDURES Section 6.01 Grounds for Temporary Suspension or Indefinite Suspension A classified police officer or firefighter may be permanently removed from employment or temporarily suspended for one or more of the following grounds: a) Conviction of a felony or other crime involving moral turpitude. b) Any violation of the provisions of the Charter of the City of Lubbock. c) Any action of incompetence within the scope of employment. d) Neglect of duty. e) Discourtesy by employee to the public or to fellow employees while employee is in the line of duty. f) Any act of employee showing a lack of good moral character. g) Drinking of intoxicants while on duty, or intoxication while off duty. h) Conduct prejudicial to good order. i) Refusal or neglect to pay just debts. The mere filing of bankruptcy does not necessarily prove refusal or neglect. j) Absence without leave. k) Shirking duty or cowardice at fires. 1) Violation of any of the rules or special orders of the Fire or Police Departments. Section 6.02 Resignation While Disciplinary Action Pending Any police officer or fire fighter who resigns after notice that he is under investigation for any ground enumerated in Chapter 143.051 of the Texas Local Government Code or the Commission Local Rules or who resigns during a period of temporary or indefinite suspension, shall not be eligible for re- employment in any classified position in the fire or police departments. Section 6.03 Scope of Matters Subject to Appeal Suspensions, Indefinite Suspensions, Involuntary Demotions, and Promotional Pass Overs on eligibility lists may be appealed to the Civil Service Commission. Counseling Page 26 and Reprimand letters fall under the provisions of the Personnel Policy Guidebook. An employee who has voluntarily resigned or retired from the Civil Service forfeits all rights to the disciplinary appeal processes, unless the appeal or request for hearing was timely filed prior to retirement or resignation. An employee who has voluntarily accepted an agreement in writing which expressly evidences the intent to finally resolve the Issue(s) of any form of disciplinary action or promotional passover imposed shall also include a statement to the effect that the employee waives all rights to further proceedings in the disciplinary appeal processes for such specific disciplinary action. Section 6.04 Procedure for Appeal It shall be the duty of the Civil Service departments and also of all employees to use every effort to resolve conflict within the department concerned and to minimize resorting to the appeal processes. No matter what the conflict, management and the employee(s) concerned shall make good faith attempts to peacefully resolve the conflict prior to beginning each subsequent step of the appeal process. Should an employee desire to appeal a disciplinary suspension the appeal request will then be considered by the Commission in a public meeting. The employee's notice of appeal must be filed in writing in the Director's office within ten (10) calendar days after the employee receives a copy of the Department Head's written statement of suspension, indefinite suspension, promotional passover, or involuntary demotion. An employee may withdraw his/her appeal by written statement to that effect, delivered to the Director's office at any time thereafter. The statement of withdrawal of the appeal shall operate as a waiver of any and all rights of appeal. The employee's notice of appeal and request for hearing shall set forth the employee's basis for appeal in compliance with Chapter 143.010. Section 6.05 Failure to Timely File an Appeal Failure on the part of an employee to file an appeal of a disciplinary action with the office of the Director within the ten (10) calendar day period allowed in Chapter 143 constitutes a waiver of any and all right to appeal. Section 6.06 Commission Disciplinary Hearings If an employee appeals a disciplinary action to the Commission, the Commission shall hold a hearing and render a decision in writing within thirty (30) days after the date it receives notice of appeal. The employee and the Commission may agree to extend the thirty (30) day period and postpone the hearing or the deadline for the final ruling. Page 27 Section 6.07 Director to Coordinate all Matters The location and accommodations for all hearings and appeals shall be arranged by the Director of Civil Service. All subsequent matters raised by either party regarding attendance, scheduling, requests for subpoenas, request for continuances, etc., shall be coordinated through the Director. All such information shall be provided to the Director who shall then provide copies of same to the opposing party or representatives and also coordinate the appropriate response or action to be taken. Section 6.08 Failure to Attend Scheduled Appeal Hearing The failure of a party to attend a scheduled appeal hearing before the Commission, or to timely file a request for a continuation of the hearing to a later date, shall not in itself prevent the hearing from proceeding as scheduled nor prevent the Commission from proceeding to take such action as may be appropriate. Section 6.09 Employee and Department RepresentativesThe appeal hearing process shall recognize the right of employees as well as the Department to be represented by one or more persons throughout the processing of a disciplinary appeal. However, only one representative shall be allowed to speak or otherwise present evidence on behalf of either party throughout the questioning of a particular witness. Employee and Department representatives shall use their best efforts to help resolve all proceedings smoothly, expediently, and as fairly as possible to all concerned. The function of the representatives shall be to articulate the best interests of the employee or the Department represented and to make same pertinent to the issue(s) being considered. Dissatisfaction with a representative shall not constitute grounds for modification of the final ruling. All representatives or employees who represent themselves shall become familiar with and follow these rules and regulations at all times during the disciplinary appeal process. Any problems or concerns regarding the manner in which the opposing party or their representative is handling a particular disciplinary appeal should be brought to the attention of Director of Civil Service. The difficulty will be expeditiously addressed. Section 6.10 Exchange of Documentation and Identity of Witnesses Documents and witnesses shall be presented and heard according to the Page 28 discretion and rules of the Civil Service Commission and Chapter 143 of the Local Government Code. Parties who request photocopies of documents from the opposing party should be accommodated if such requests are reasonable. Employees and their representatives may obtain copies of matters contained in the employee's own personnel file as maintained by the Director of Civil Service after the employee has signed the appropriate release form(s). All requests for subpoenas to compel the attendance of a witness shall be coordinated through the Director's office. Requests to the Commission for subpoenas shall be filed with the Director at least ten (10) calendar days prior to the scheduled hearing date in order to be processed in time. The Director may issue subpoenas on behalf of the Commission. Section 6.11 Commission Hearing Procedures At the scheduled time and place, the hearing shall be called to order. All parties shall come to the hearing prepared and ready to proceed so as to minimize any disruption of the hearing process. All parties shall bring at least six (6) copies of all documents or exhibits to be considered by the Commission at the hearing. All disciplinary appeal proceedings shall be public hearings. A record of the proceedings, capable of clear and accurate reproduction or transcription, shall be made and maintained by the Director. After being called to order but prior to the beginning of testimony or evidence, consideration shall be made as to any motions, requests or jurisdictional matters as submitted by either party. The participants shall also seek to obtain as many stipulations as possible as to non -contested or non -material maters. The Commission may "carry" such motions until the hearing is completed and all factual evidence has been presented before making its final ruling thereto. Both parties may be allowed to make brief opening statements. Unless waived by the participants, the hearing shall then proceed with the reading into the record the statement of charges and specifications as well as factual summary of the operative events as filed with the Commission by the Department Head and which forms the basis of the disciplinary action imposed on the employee. The hearing shall then proceed to develop the evidence and testimony as to those contested matters. Page 29 The City shall go first in the presentation of evidence and testimony. Thereafter, the responding party shall have the opportunity to respond with its own evidence, witnesses or testimony. Thereafter, the City may come forward with rebuttal evidence or testimony as may be necessary. Presentations by both parties shall be as brief and closely related to the issue(s) as much as is possible. Throughout the proceedings, Commission members may also ask their own questions as needed in order to aid their consideration of the testimony or evidence. Witnesses may be sworn and their testimony taken under oath or affirmation. Witnesses are subject to reasonable and relevant cross-examination by the opposing party. Upon request by either party, the hearing process may utilize what is commonly known as "the Rule" concerning oral testimony, meaning that all persons who shall be expected to testify at the hearing, other than the parties and their representatives, shall not be allowed to observe or listen to any of the proceedings except when they are actually testifying as a witness. "The Rule" may be used to ensure one witness' testimony is not influenced by another's testimony. While under "the Rule", potential witnesses shall not discuss any aspect of the appeal or hearing except with the attorneys or the representative involved. Invoking "the Rule" is not mandatory and may be waived in whole or in party by agreement. The hearing process shall exercise reasonable control over the questioning of witnesses and the presentation of evidence so as to: a) make an effective ascertainment of the truth; b) keep such presentations relevant to the issues to be determined; c) avoid the needless consumption of time and expense; and d) protect the witnesses and employees from harassment or undue embarrassment. The parties and their respective representatives shall cooperate in keeping all presentations as brief and to the point as possible. Long drawn -out sessions shall be discouraged. The Commission shall provide the employee reasonable opportunity to produce objective evidence and/or testimony to develop: a) that the employee did not commit the misconduct as alleged, i.e., "the facts are not true"; or b) that even if the employee committed the acts as alleged, that such activity does not constitute actionable misconduct; or Page 30 c) that even if the employee committed actionable misconduct, that the degree of discipline imposed is too harsh or severe, i.e. the disciplinary action imposed was "unreasonable, arbitrary or capricious"; or d) a combination of any of these matters which would justify or compel modification of the Department Head's action. All hearings must remain business -like and focus upon resolution of factual matters. Hearings shall not be a time for accusations, threats, speeches or arguments. The Commission shall have the discretion to adjourn any meeting which deteriorates into a "shouting match" or where fruitful dialogue ceases. The Commission shall have the discretion to control the length of time of any particular session as well as the amount of time provided for recesses, breaks, lunch hours, etc. After the close of the presentation of evidence and testimony, both parties shall be given an opportunity to make closing summations. Thereafter, the Commission may adjourn to executive session for deliberation. Thereafter, the Commission shall reconvene in open session and shall, upon motion and second, make its decision. Thereafter, a written order containing same shall be prepared and signed by the Commissioners. Section 6.12 Rules of Evidence Technical rules of evidence shall not apply nor control the conduct of any civil service hearing. The scope of evidence to be considered at a disciplinary hearing shall be generally limited to matters relevant to the statement of charges as set forth in the Department's written statement, the employee's notice of appeal as well as the employee's previous employment record with the Department. Either party may offer such relevant evidence as he/she may desire to aid in the determination of material disputed issues. It shall be the province of the Commission to ultimately determine: a) the non -admissibility or non -consideration of any particular evidence or testimony; b) the relevance of non -relevance of any particular evidence or testimony; c) the credibility, or lack thereof, of any particular evidence or testimony; and Page 31 d) the materiality or "weight" to be given to any particular evidence or testimony. Subject to limited exceptions for compelling reasons shown by a party, the Commission shall refuse to hear or consider any testimony or Item of evidence if the hearing has been closed. By agreement of all parties the Commission may receive and consider the evidence of witnesses by affidavit when such witnesses are otherwise unable to attend. The Commission may assign same such weight as it deems proper. When witnesses are not available for the Commission meeting copies of such affidavits shall be given to the opposing party prior to the hearing. On -site inspections shall be discouraged and may be conducted only if the evidence to be considered cannot be otherwise presented via stipulations, photographs, videotapes, maps, diagrams, etc. All evidence and testimony shall be presented and received into the record while in open session. Section 6.13 Issues to be Determined in Disciplinary Appeals The determinative issues to be considered and determined by the disciplinary action appeal process shall be: a) the truth of the charge b) the legal sufficiency of the charge (Refer to 143.051) c) the suitability of the recommended action. The Department is required to establish its factual assertions by a "preponderance of the evidence". A "preponderance of the evidence" means the greater weight and degree of credible testimony or evidence admitted into the record. Section 6.14 Findings and Orders of the Commission As a result of the evidence and testimony presented at the hearing, the Commission shall make a just and fair resolution of the matter via a written statement finding the truth of the specific charge(s) against the employee, or a written statement finding that the specific charge(s) against the employee are not true. This issue shall be addressed in the same final order. In the event that the specific charge(s) of misconduct against the employee are found to be "not true", then the final order and ruling shall be to promptly Page 32 restore the employee to the employee's proper position or status without penalty. In the event that specific charges of misconduct against the employee are found to be "true", then the final order and ruling shall clearly state whether the employee is: a) indefinitely suspended from the fire or police department; or b) temporarily suspended from the department, and shall then set forth the definite time period of suspension which shall be imposed. The final written ruling on all disciplinary appeals shall also include such other matters so as to finally and clearly resolve the issues under consideration, particularly to resolve questions concerning: a) the employee's resulting employment status; b) back pay and other employment benefits; c) mitigation of damages; and d) whether the documents relating to the disciplinary action should be modified or removed from the employee's personnel file per 143.089(c). If modifying the disciplinary action of the Department, the final order shall clearly explain in writing the factors and rationale for doing so. If affirming the disciplinary action of the Department, it shall be presumed for same reasons and facts as presented by the Department unless otherwise indicated. When necessary, the Commission may consider matters involving questions of applying Chapter 143 to facts or events which may arise during the disciplinary appeal process and which are outside the scope of the Department's statement of charges or the employee's notice of appeal. The Commission shall do so only after obtaining an agreement from the parties as to precisely what issue(s) is to be decided. If no such agreement can be reached, then the Commission shall use its best efforts to avoid the dispute issue(s) and proceed to determine only the factual merits of the disciplinary action properly before the Commission. The final ruling and order of the Commission may be made by the majority vote of two of the three Commissioners present. If only two Commissioners are present, the final ruling and order must be made in agreement by both Commissioners present. Page 33 d A copy of the Department's disciplinary action, a copy of the request for appeal, the record of the proceedings, a copy of submitted together with a copy of the final decision shall be Commission record. These records may be cited as reference subsequent determinations by the Commission. Page 34 employee's the exhibits filed in the material in RULE 7 CHANGES AND AMENDMENTS Section 7.01 Procedure for Change In addition to the requirements specified in Civil Service Law, it is hereby stipulated that any changes in the rules may be proposed and tentatively adopted at any regular or special meeting of the Commission, but no change shall be finally adopted except at a regular or special meeting open to the public, and held not sooner that seven (7) days after the date on which the proposal was first considered, and except by majority vote of the Commission. A written notice of the meeting shall be sent to each Commission member in advance of such final consideration, and shall include a copy of any change previously proposed and to be considered at such meeting. Section 7.02 Approval Required the Commission shall be submitted to consideration and approval. Every change in the rules adopted by the governing body of the city for its Section 7.03 Biennial Review The Commission shall review the local rules at least every other year beginning in 1999 and consider any amendments, deletions, or new rules needed at each review. Page 35 RULE 8 SAVING CLAUSE The provisions of these rules are declared to be severable. If any rule, section, sentence, clause, phrase, or word of these rules shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining rules, sections, sentences, clauses, phrases, and words of these rules, but they shall remain in effect, it being the legislative intent that these rules shall stand not withstanding the invalidity of any part. Page 36