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HomeMy WebLinkAboutOrdinance 1940 ORDINANCE NO. 1940 WHEREAS, the civil Service commission has recommended certain changes in the civil Service Rules and Regulations which the Commission has already adopted subj ect to approval by the City Council; and WHEREAS, Exhibit "A" (Sec. 5.05) and "B" (Sec. 7.04) have been adopted because of changes in the charter approved by the voters in August, 1992; and WHEREAS, Exhibit "c" (Sec. 9.03) has been adopted by reason of changes in the State law dealing with vacations for police and fire personnel; and Exhibit "D" (Sec. 11.03) was adopted by the Commission to provide a guide for procedure in contested appeal before the Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The amendments to the civil Service Rules and Regulations as shown on Exhibit "A", "B", "c" and "D", attached hereto and made a part hereof, are hereby approved. PASSED AND APPROVED this 11th day of October, 1993. APPROVED: ATTEST: ~(_..../~ ~ Mayor r7' C1~ ~~.(~~) c1-y Secretary APPROVED TO FORM AND LEGALITY: 5.05 WRITTEN EXAMINATIONS/ASSESSMENT CENTER EXERCISE A qualifying written examination shall be administered to all eligible applicants for a promotional position in the classified service, as defined in Rule 5.01 (c), when an Assessment Center Exercise is a method to be used to establish a list from which appointments to the promotional position are to be made. Applicants must answer correctly seventy percent of the questions to pass the written examination and to be eligible for the Assessment Center. The eight highest scorers passing the written exam shall be permitted to participate in the Assessment Center Exercise. In the event the written examination results in a tie among two or more persons for the eighth highest score, the individual's seniority in the department shall be the tie-breaker in determining the applicant who will be permitted to continue to the Assessment Center Exercise. The maximum achievable score for the written examination shall be equal to but not exceed the maximum achievable score for each of the remaining exercises. An Assessment Center Board, comprised of members approved by the department head, shall administer the Assessment Center Exercise. The Board members shall award points based on each applicant's performance for each phase of the exercise. The grade which shall be placed on the eligibility list for each applicant shall be the sum of all points awarded by an Assessment Center Board plus written test score, and applicable seniority points. Department heads will be responsible for the development of the Assessment Center process for their department which shall be forwarded to the Personnel Director for approval. £%ft, .~., 7.04 PROBATIONARY PERIOD An employee, upon original appointment to a position in the classified service, shall serve a probationary period of twelve months. The twelve month probation shall begin with the first workday following the completion of all formalized basic training required by the department. The employee shall not have Civil Service rights until successfully completing such probationary period. £~h., I~" 9.03 VACATION LEAVE a. Each regular full-time employee in the classified service, shall receive vacation leave credit annually as follows: After 1 year of service: two weeks * After 3 years of service: three weeks After 8 years of service: four weeks After 20 years of service: five weeks * Sworn Police and Fire personnel will earn 3 weeks paid vacation starting with the completion of one year of service. The balance of their vacation schedule remains the same as other employees. For the purpose of this section, a week shall be defined as a normal workweek for all employees in each of the designated classifications. b. Regular part-time employees who are budgeted at least twenty hours a week shall receive pro-rated vacation leave credit on the basis of hours actually budgeted. Example: A 20-hour /week employee will earn vacation leave at 1/2 the rate established for full- time employees. c. Fire fighting personnel assigned to a 56-hour workweek shall receive vacation leave credit annually as follows: After 1 years of service: 7 shifts After 8 years of service: 10 shifts After 20 years of service: 12 shifts d. Employees may accrue vacation leave credit to a total of two consecutive years total upon the written recommendation of the department head and approved by the City Manager. £%ft, jC" 11.03 PROCEDURE FOR CONTESTED HEARINGS Prior to presentation of the testimony, either party may invoke "the rule", which shall be treated the same as in other civil trials. By invoking the rule, all witnesses will remain in a room separate from the hearing until called to testify, and there will be no discussion of the hearing among them. a. Burden of Proof The burden of proof before the Commission will be "by a preponderance of the evidence". If any party alludes to the burden being "beyond reasonable doubt" the presiding officer shall correct the party and remind the Commission of the true burden. The Department Head shall have the burden of proof to sustain the action. The Department Head shall have the right to open and close. b. Opening The opening party may make an opening statement and then present their case. Following the opening statement, the other party will have the option of making an opening statement or waiting until that party's case is ready to present. c. Response The responding party may make an opening statement (if the decision was made to not make such statement earlier), and then shall present the case. d. Rebuttal Each party shall be entitled to enter rebuttal testimony in the order of the original presentation. e. Final Arguments The person with burden of proof will be entitled to open and close. The other party will present argument after the original final argument. f. Evidence 1. Pre-filed Any party may pre-file sworn written testimony at least 7 days before hearing. Such pre-filed written testimony may be considered only if the party giving the testimony is present at the hearing for cross-examination. This limitation on pre-filed testimony shall not apply to pre-filed documents, such as deeds, certified copies of tx-&., :t';.1.~ documents, personnel records, etc. 2. Live Witnesses Live witnesses shall be questioned and cross- examined as in ordinary civil trials. The strict rules of evidence shall not apply, but the presiding officer shall have discretion in receiving or excluding testimony so as to insure a fair hearing to both sides. g. Deliberation The deliberations of the Commission shall be private. However, the decision must be announced in public. £~~, oI~;;olt