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:
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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.
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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.
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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.
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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
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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.
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