HomeMy WebLinkAboutOrdinance - 862-1948 - Creating A Civil Service System For Firemen And Policemen. - 02/26/1948' -
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ORDINANCE N6. 862
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. "'"• . · Firemen'e and Poltcemen 1s CivU Servipe Ordinance :
' I.N CIU>IN~CE bREATING A CI~L SERVICE SYSTEM FOR FIREMEN AND POLIC~MEN IN THE ' :
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C!TI Of LUBBOCK; DEFINili:r TERMS; ESTABLISHI:OO !. FIRE¥EN'S AND POLICEMEN'S CML SER-
VICE COMMISSION AND PROVIDill} FOR ITS POWERS AND DO'l't ES; ESTABLISHING A. D RECTOR OF
FIREMEN'S AND POLICEMEN'S CIVIL SERVICE AND PROVIDING FOR HIS POI'ERS AND ~UTIES;
;. P'ROVIDIW FOR THE STATUS .OF PRESENT EMPLOYEES; PROVIDING FOR OFFICE SPACE FOR THE
CONDUCT OF THE BUSINESS OF THE COMMISSION;· PROVIDI~ 'FOR THE FILillZ OF CI r:IL SUITS;
PROVIDING FOR THE PUBLISRING OF THE RULES AND REXJULlTIONS OF THE COMMISSI NJ PROHIB I •
_ ING CERTAIN POLitiCAL ACTIVITIES OF EliPLOYEES. IN THE ~CLASSIFIED SERVICE; l ROHIBITIN}
STRIKING BY EMPLOYEES IN THE CLASSIFIED SERVICE; PROVIDIOO FOR PENALTIES l'OR FAILURE
OR REFUSAL TO CARRY OUT THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A. SAVING
OLAUSEJ AND PROVIDING FOR THE REPEAL AND AMENDMENT 0~ THIS ORDINANCE AND liEPEALiflZ
ALL CONFLICTIOO ORDINANCES; AND DECIJ.RI.H:i AN EMERGENCY.
WHEREAS, e. llaj'oritT of the qualified voters or the Cit7 ot Lubbock, on the 2nd
de;r of December, 11947, adopted Chapter 3~5 1 .icts of the 50th 'Legislature ct the
State of Texas, Regular Session, 1947, Now, therefore,
; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCl, TEXAS&
ARTICLE I. DEFINITIONS
SECTION 1. 1 Chief Executive• means the officer of the city having the. fin!!.l e.utho.ri
t7 to make the appointment to the position to be filled, being the ~or.
, SECTION 2. •civil Service La.w11 means Chapter 3.25, .icts of Texas Legislatu: e, Regu•
le.r Session, 1947.
SECTION 3. •Classified Service• means the members of the Fire Department . nd the
Police Department as defined under 1 Fire11an• and1 Policeman• belowJ PROVIDE!, that th~
. chief or bead ot the Fire Departlllent and the chief or head of the Police ~ partment
shall not be included in the classitied service.
SECTION 4. •Commission• means the Firemen 1 s and Polieelllen t a CiYil Service Commis-
sion of the city.
SECTION $. •Department head• means the chief or head of the Fire Departme~t an~or
~he chief or head of the Police Department.
SECTION 6. •Director• means the Director of Firemen's and Policemen's Civil Service
designated b7 the Firemen •s and Policemen 1 9 Civil Service Commission to act in the
capacity of Secretary to the Commission and Director of Civil Service.
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SECTION 7.
· fires.
•Fireman• means one who engages .in the fighting and ext~nguishment of
SECTION 8. •Policeman• means one who engages in the actual euf'orcement of
~he maintenance of public order. J ·
SECTION 9.
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r~asonab.le
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•Public h·earing• meane an opportunity g iveh after public notice
d~s for a~ citizen or party interested to appeal and be bea rd
length on the matter involved.
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·-ARTICLE II • CREATION OF
FIREMEN'S AND POLICEMEN'S CML SERVICE COWIJ:SSION
,.-.., SECTION 10. Creation. In accordance with Chapter 325, Acta of the Texas: Leg isla•
ture, Regular Session, 1947, which was adopted by" the qualified voters of this city,
there is hereby established a civil service system for firemen and policemen;; and
pursuant thereto, there is hereb,y established a Firemen's and Policements Civil Ser•
vice Commission which shall consist of three members ~pathetic to the principles
of the merit qatem.
SECTION 11. !ppointment and Vacancies. Members of the Commission shall qe appoint-
ed b,.-the chief executive of the city, and such appointments shall be confirmed by
tpe governing body of the city before such appointment shell be effective. An7
vacancies in said Commission, caused ~ death, resignation, or otherwise, or by
failure of ~ appointee to qualify within ten (10) dBJ"S after appointment, shall be
tilled in the manner hereinabove specified, and such appointment shall be ~or the
unexpired term ot _the retiri:rJ8 Commissioner or the appointee failing to qual.U'y.
SECTION 12. Qualifications. All such Commissioners shall be ot good moral. oharacte ~.
resident citizens or the city, shall have resided in the ci~ for a period at more
than three (3) years, shall each be over the age ot twenty-!ive (25) years,, and
ehe.ll not haTe held any public office within the preceding three (3) years.
SECTION 13. Term. or the first three (3) Commissioners so selected to comprise
the Commission, one (1) shall be appointed for a term of one (1) year, one (1) shall
be appointed for a term of two (2) years, and one (1) shall be appointed tor a term
of three (3) years. Thereafter the term of office of each Commissioner shall be tor
three (3) years, or until a successor is appointed, confirmed, and qualified.
SECTION 14. Removal. ~ member of the Commission may be r~oved by two-thirds y-ot
of the governing b~ ot the city for aqy act contrar,y to the best interest ot 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
eo charged shall have the right of a public hearing and the right of appeal to the
District Court as allowed employees of the classified service under the Civil Ser•
vice law.
SECfiOR 15. Cclllpensation. lfellbera ot the Cclald•eion shall eerve without compensatlo ~·
ARTIClE III. POWERS AND DUTIES OF
THE FIREMEN'S AND POLICEMEN 1S CIVIL SERVICE COMMISSION
SECTION 16. The members of the Firemen's and Policemen's Civil Service Commission
shall, at a date, hour and place set b.1 the Commission, hold regular meetings at
least once each month and m8J hold additional meetings as may be required in the
prOper discharge of their duties. Two (2) members ot said Commission shall consti•
tute a quorum to transact business. It shall be the duty or the Firemen's aDd
Policemen's Civil Service Commission as a bodya
1. Uter public hearing, to approve such rules and regulations for the proper
conduct ot its business as it shall find necessary and expedient. No rule or regu•
lation or a~ amendment or repeal thereof shall be effeotive until approved b,y the
governing body".
2. After public hearing to adopt, modify or reject such classification and
compensation plans for firemen and policemen, together with rules for their adminis•
tration, as may be recommended b,y the·Director after a thorough survey·of the per-
sonnel and departmental organization of the Fire Department and Police Department.
No auch plans or &1:\f amendments thereof shall be effective until adopted by ordin-
ance of the governing body •
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, ). To formulate minimum standards aDd qus.li.tications tor each class, ot posi-
tion iD the classified service.
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4• To make provisions for open, competitive, and free eXaminations ~or per-
sons making proper application and meeting the requirements as presoribed'in the
Civil Service Law1 this ordinance, and the rules and regulations ot the Commission.
5. To authorize temporar.y appointments to the classified service in'the event
no eligible list has been prepared for the position and to.limit such temporar,y ap•
pointments to a maximum period of three continuous months.
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6. To make rules and regulations govei·niDg promotions, allowing credit for ef-
ficiency and credit for seniority, aDd providing for promotional examinat~o~s.
7. To require compliance qy department heads with the provisions ot the Civil
Service Law governing suspensions, both disciplinar,y and indefinite.
8. To investigate disciplinary suspensions to see whether there is just caui!Se
for such suspension.
9. To reDder a decision, within ten (10) dqs fran date of aJV' i.lldefinlte sus-
pension, as to status of suspended empla.yee.
10.· To make rules and regulations proviaing !or a system of service or efti•
ciency ratings for all employees in the classified service, wbich ratings shall be
used for purposes of promotion, demotion, lay-ott, and reinstatement.
~ 11. To make rules and regulations regarding leaves at absence, regular and
sick, with and without PST• Such ruleriball conf'o.nt to state laws and city ordin-
ances on such subject.
12. To make investigations either on petition or a citizen or or its own mct1o
!Concerning the enforcement and effect or this ordinance and to require observance of
its provisions and the rules and regulations made thereunder. In such investigaao
tiona, the Commission shall h~ve the power to subpoena witnesses and papers relevant
to such investigation.
13. To hear aDd determine appeal or complaints respecting the administrative
' work of the DirectorJ the rej action or an applicant fOr admission to an examination;
and such other matters as mq be referred to the Commission b.Y the Director.
14• To make such investigations as may be requested by the chief executive a~
or the governing body of the city and to report thereon. .
15. To contract or arrange, within its ~Udget allowance, for auch tedbnical
services in connection with personnel selection and administration as ~ be neces•
S&T.fl including the preparation and conduct of examinations.
~-16. No rule or regulation shall ever be adopted b,y the Commission which will
permit the appointment or emplqyment of a~ person without good moral characterJ or
aJV' person unfit mentall1 or p~sica!ly or acy person incompetent to discharge the
duties or such appointment or employment.
J.RTICIE IV • DIRECTOR OF
FIREMENIS AND PoLICEMEN'S CML SERVICE
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SECTION 17. There is herebJ' established the office of Director of Firemen's and
Policemen's Civil Service, which shall be tilled b.r th~ appointment b.r the Commis-
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sion or aome person meeting the same requirements as hereinabove provided for mem•
bers of~the Commission. Said Director may be either a member or the Commission,
anGther employee of the city, or some other person. The governing body' or the city
shall determine what salary, if aey, shall be paid to such Director. Saidi Director
shall at all times, be subject to removal for cause upon written charges after a
public hearing by the Commission.
ARTICLE V • POWERS AND DUTIES OF THE
DIRECTOR OF FIREMEN'S AND POLICEMEN'S CIVIL SERVICE
SECTION lS. It shall be the duty or the Director of Firemen's aDd Policemen'• Civil
Service&
1. To atteDd the regular aDd special meetings of the Commission, to act as its
secret~r,y and to record its official actions.
2. To prepare and recommend rules and regulations for the administra~ion ot
rthis ordinance, which shall become effective after approval b7 the Civil Service
Pammission and the governing body ot the cit7 as provided in this ordinanceJ to ad•
~nister such rules and reguJ.ationsJ to propose amendments thereto.
3. 'l'o establish aDd maintain in card or other suitable form a roster :of otfi•
~ers and employees in the claesltied eervice of the city. Sueh roster shall include
items specified b.r the Commission in its rules and regulations. '
4. To recommend, as soon as practicable after this ordinance takes er£ect, with
~uch outside assistance as ~ be authorized, a classification plan; which when
~Opted b,y the governing boQ7 of the city in ordinance form, shall become the otti•
~ial classification plan for the city.
s. To make a study of the rates or compensation being paid for each class of
~osition in the classified service and prepare a compensation plan tor submission to
~e Commission when called upon. . No such plan shall be effective until it is approv•
led 'b7 the goverDing boQ7 or the city.
~· 'l'o·to.rmulate and·hold competitive examiDations to determine the relative
~ualitications ot persons who seek empla,y.ment and as a result thereof-establish eli•
gibility lists ror·the various classes of positions.
7. When a vacant position is to be tilled, to certi£7 to the appointiug author~
ity on written request the name of the three persons highest on the reinstatement
list or eligibility list for the class. ·
8. To aubmit to the governing body or the city recommendations as to lmif'orm
at&lldards in respect to attendance and ·leave regulations, employee training and wel•
rare, duties and salar,r classification, aDd other personnel matters.
"' 9. To establish records of performance and a system ot service ratings to be
~sed in determining increases aDd decreases in salaries, promotions, the order or
~~offs, and reinstateaent.
10. To keep such records as may be necesear,r tor the proper admiDistration o~
~hh ordinanoe and the rules and regulations. ·
11. To make investigations ooncerDing the administration and effect of this
~dinance and the rules llade thet-eunder and rep'ort his findings end recommendations
~o the Commission.
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12. To make an annual report to the Commission.
,-.., 1.3. To perform such other work relevant to the civil service system :as mq be
I required ~ the Commission.
u. (Optional) To provide a system of cheaki11g payrolls, estimates and ac-
counts for payment of salaries to employees so as to 'enable the Commission, upon
satistaotory evidence, to certit,y or cause to be certified that the person whose
names appear thereon have been regularly employed in the performance of the duties
iudicated at the compensation rates and for the periods for which compensation is
claimed or are on authorized leave before payment may be lawfol.l,y made to such em•
ployees.
ARTICLE VI. STATUS OF PRESENT EMPLOIEES
SECTION 19. ~ person holding a position in the classified service at the time of
the adoption of the Civil Service Law by the voters of this city, who shall have ·
served in the service of the cit,y continuous~ for at least six (6) months, shall
enj07 civil service status without competitive examinations but shall thereafter be
subject in all other respects to the provisions of this ordinance'and the rules and
regulations of the Commission. ~.other persons in the classified service shall be
regarded as holding their positions under temporar,y appointments.
ARTICLE VII. OFFICE SPACE
SECTION 20. The governing body of the city$hall provide adequate and suitable attic•
space for the couduct o~the business of the Commission.
ARTICLE VIII. CIVIL SUITS
SECTION ~. It shall be the duty of the Commission to begin and conduct all civil
suits which may be necessaey for the proper enforcement ot this ordinance and o£ the
rules of the Commission am to defend all civil suits which may-be brought against
the Commission. The Commission shall be represented in such suits by the City Attor•
ney of the city, but said Commission may in any case, with the approval of the gover•
ning boqy, be represented by special counsel appointed b.r the Commission.
ARTICLE IX. PUBLISH RULES
SECTION 22. The Commission shall cause to be published, in printed, mimeographed or
similar form, all rules and regulations which m~ be promulgated b,y it, and shall so
publish classification and seniority lists tor each Department in the classified ser~
vice, and such rules and regulations shall be made available upon demand •
.lRTICLE X. POLITICAL ACTIVITIES
SECTION 23. Prohibition. Empl07ees in the classitied service shall DOt ~e permit•
ted to take an active part in ~ political campaign ot another for an elective posi·
tion of the oi~. The term •active part• includes making political speeches, pass-
ing out cards or other political literature, writing letters, signing petitions,
actively and openlf soliciting votes and making public derogator.y remarks about can-
didates for such elective positions.
SECTION 24• Fenalties. In addition to such fine or imprisonment provided under
Section 27, Civil Service Lew, a~ wilful violation of this prohibition 1shall be sur•
£1cient grounds to 1authorize the discharge of a~ employee in the classified service.
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ARTICLE XI. STRIKING
secTION 25. General proviaion. It shall be unlawful from and after the passage of
this ordinance for e~ employee in the classified service of the city to engage in
aey strike against the City of Lubbock.
SECTION 26. Discharge. In addition to such fine anrJ/e~r imprisomaent 'pr~ided under
Section 27, Civil Service Law, any employee who has been convicted of the violation
or the provisions of that Section shall thereby be automatically released and dis•
charged from such classified service and shall thereafter be ineligible to receive
eey pay or compensation out of any public funds provided for the support of such
classified service.
ARTICLE XII. PENALTIES
SECTION 27. Against chief executive. ~ chief executive of this city who shall
willfully fail or refuse to appoint the Civil Service Commissioners provided for in
Article III hereof within sixty (60) days of the passage or this ordinance, shall be
guilty or a misdemeanor and shall ~e fined not less than One Hundred Dollars ($100)
nor more than Two Hundred Dollars ($200). Each day of deliDquency in making said
~ppointment shall constitute a separate offense. ~ chief executive or ~ other
official of this city who willfully fails or refuses to put this ordinance'into oper
ation, o.r who shall willf~ attempt to obstruct the operation and enforcement of
this ordinance, shall be guilty of a misdemeanor and shall be fined not less than Ow
Hundred Dollars ($100) nor more than Two Hundred Dollars ($200) for each offense.
SECTION 28. Against Employees. Any employee of the ~lassified service who shall
violate aD7 of the provisions of this ordinance or the Civil Service Lew, shall be
subject to the penalty provided in Section 27 of the Civil Service Lew.
ARTICLE XIII.· SAVING CLAUSE
SECTION 29. The provisions of this ordinance are declared to be severable and if ~
article, section, sentence, clause, phrase, or word of this ordinance shall for ~
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining articles, sections, sentences, clauses, phrases, and words
of this ordinance, but they shall remain in effect, it being the legislative intent
that this ordinance shall stand notwithstanding the invalidity or ~ part.
ARTICLE XIV • REPEAL AND Amm11ENT
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SECTION 30. Future Repeal and Amendment. After this ordinanae and the \Civil Ser•
vice Law shall have been in effect in this city five (5) years, they ~ be repealed
by~tive action of the people in the following mannera If a petition of ten per-
cent (10%) of the qualified voters of the city shall be presented to the.governing
body of the city to call an election for the repeal of the provisions or this ordin•
anoe and the Law, then and in that event, the governing body of this city shall call
an election of the qualified voters to determine if they desire the repeal of such
ordinance end Law. Should a maJority of the qualified voters so vote to repeal. the
provisions of this ordinance and the Civil Service Law, then the pr~isions ,thereof
shall become null and voidJ provided, that this ordinance may be amended by !the
governing body of the city at any time it is deemed advisable to make change_s to
effectuate this civil service system. ·
SECTION 31. Repeal o+ Conflicting Ordinances. All ordinances or parts of ordinanceE
~n conflict with the provisions of this Ordinance shall be aDd the same e.re hereby
repealed.
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~ The fact that the subject matter of this ordinance deals with nnd relates to
the daily operation of the Police and Fire Departments creates an emergen~ and
all rules and provisions requiring reading on several days are required to be sus•
pended, aDd the same are hereb;y suspended and t.his ordinance shall be in full force
and effect from and after approval and passage.
I PASSED AND APPROVED THIS TEE 26th DAY OF __ F....;e:....;;b;.;;r;..;:u;.:;;ary:;;;...L __ , A.D., 1948.
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