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HomeMy WebLinkAboutResolution 1992-017 RESOLUTION NO. 92-17 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. An election is hereby called for the purpose of voting on proposed amendments to the Charter of the City of North Richland Hills. The election shall be held on August 8, 1992 between the hours of 7:00 a.m. and 7:00 p.m. at the following voting precincts: Precinct Nos. Locations 3214, 3333, 3041, 3364, 3366 & 3350 City Hall - 7301 Northeast Loop 820 3215, 3140, 3326, 3289, 3424, 3425 & 3325 City Hall Annex - 6801 Glenview Drive 3209, 3063, 3049, 3177, 3324, 3367 & 3387 Fire Station - 7200-A Dick Fisher Drive No. 2. The following persons shall serve as election officials: Election Judge: Assistant Judge: Assistant Judge: Alternate Asst. Judge: Susan Burk Jane Bell Gerry Cozby Bill Weihs and such clerks as may be needed and appointed by the Election Judge. The following persons are appointed as the Early Voting Ballot Board: Chief Judge: Member: Member: Susan Burk Jeanette Rewis Bill Weihs 3. Early voting shall commence on July 20, 1992 and end at 5:00 p.m. on August 4, 1992. The early voting shall take place in the Office of the City Secretary in the City Hall on Monday through Friday each week from 8:00 a.m. until 5:00 p.m. (The Conference Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting.) Resolution No. 92-17 Page 2 4. The propositions to be voted upon are those shown on Exhibit "A", attached hereto and made a part hereof. 5. The City Secretary is ordered to publish the necessary notice of election. All qualified voters residing within the City are eligible to vote at the election. The election shall conducted pursuant to the laws of the State of Texas and the use of voting machines is hereby adopted as the method for voting. PASSED AND APPROVED the 4th day of May, 1992. APPROVED: , -b-y~ Tommy Brown Mayor A TrEST: APPROVED AS TO FORM AND LEGALITY: Rex FIRST PAGE OF EXHIBIT "A" To Resolution No. 92-17 Proposition 1 Resolved that the third sentence of Section 1, Article V of the Charter shall read as follows: "The pay of the Mayor and City Council shall be limited to fifty dollars per meeting attended, not to exceed two meetings per month, thus, limiting the pay of the Mayor and City Council to one hundred dollars per month in addition to actual expenses supported in writing which shall have been presented to the City Council and received approval." Form on the Ballot: FOR [ ] AGAINST [ ] Proposition 1 limiting the pay of Mayor and City Council to $50.00 per meeting with a maximum pay of $100.00 per month. Proposition 2 Resolved that Section 3 of Article V of the Charter shall read as follows: "The regular municipal elections of the City of North Richland Hills shall be held on the first Saturday of May of each year, and the same shall be conducted and the results canvassed and announced by the election authorities prescribed by the Election Code of the State of Texas, and said Code shall control in all municipal elections except as otherwise herein provided. "The Mayor and Councilperson Places 2, 4, and 6 shall be elected for two (2) year terms at the election in even-numbered years and Councilperson Places 1, 3, 5, and 7 in the general election in odd-numbered years." Form on Ballot FOR AGAINST [ Proposition 2 setting the City general election in May of each year to conform to state law. Proposition 3 Resolved that the following sentence shall be added to Section 5 of Article V of the Charter: 1. "The candidate's application for a place on the ballot for the office of Mayor, Councilperson or Judge shall be accompanied by a filing fee of $150.00 or by a petition in lieu thereof. Said petition must be addressed to the City Secretary seeking the candidate's name to be placed on the ballot and signed by qualified voters of the City in a number equalling 15% of the number of persons voting in the preceding city election or one- hundred-fifty whichever is the smaller number of signatures." Form on Ballot FOR [ AGAINST [ Proposition 3 requ1r1ng a filing fee or signed petition for a candidate's name to be placed on the ballot. Proposition 4 Resolved that Article VI of the City Charter shall be amended by adding a Section 8 which shall read as follows: "No former Mayor or former Councilmember shall hold any compensated appointed office or employment with the City until one year after his or her last day of service as Mayor or councilperson. Nothing in this section shall be construed to prohibit the Council from selecting any current or former Mayor or Councilmember to represent the City on the governing board of any regional or other intergovernmental agency." Form on Ballot FOR [ AGAINST Proposition 4 preventing Mayor and Councilmembers from being appointed to compensated office or employment with the City. Proposition 5 Resolved that Section 3 of Article XVII of the City Charter shall read as follows: "There is hereby established in the City of North Richland Hills a Civil Service Commission. The Commission shall be consist of five (5) members to be appointed by the Mayor of the City of North Richland Hills and such appointment shall be confirmed by a two-thirds (2/3) vote of the City Council of the City of North Richland Hills before such appointments shall be effective. Of these members, Position Two (2) and Position Four 2. (4) shall be appointed from a list or lists of nominees provided to the Mayor of the City of North Richland Hills by the City employee associations. If no list is presented by any association, the Mayor may make the appointment as he deems fit. The terms of the Commissioners shall be as follows: Position One, one (1) year; Position Two, one (1) year; Position Three, two (2) years; Position Four, two (2) years; and Position Five, three (3) years; or in each case until a successor is appointed, confirmed and qualified. If a vacancy occurs or if an appointee fails to qualify within ten days after the date of appointment, the Mayor shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. A person appointed to the Commission must: 1. Be of good moral character, 2. Be a resident of the City of North Richland Hills, and resided in said City for at least one (1) year 3. Be a United States citizen, 4. Be at least twenty-one years of age, 5. Not have held any public office with the City of North Richland Hills within the preceding three (3) years, 6. Not have been a paid employee of the City of North Richland Hills within the preceding three (3) years." Form on Ballot FOR [ AGAINST [ Proposition 5 amending Section 3 of Article XVII of the City Charter to allow employee associations to participate in nomination of two Civil Service Commissioners. Proposition 6 Resolved that Section 5a of Article XVII of the City Charter shall read as follows: "The Commission may make investigations concerning, and report upon all matters touching, the enforcement and effect of the provisions of this Article, and the rules and regulations prescribed hereunder. In the course of such investigation the Commission or designated Commissioner shall have the power to administer oaths, subpoena and require the attendance of 3. witnesses and the producing by them of books, papers, documents, and accounts pertaining to the investigation, and also to cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for the like depositions in civil actions in the court of original and unlimited jurisdictions to civil suits of the Untied States; and the oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a magistrate in his jUdicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this Section shall be deemed a violation of this Article, and punishable as such." Form on Ballot FOR [ AGAINST [ Proposition 6 permitting inspections of the Civil Service Commission. Proposition 7 Resolved the fOllowing language be deleted from Section 5b of Article XVII of the City Charter: "Shall make annual inspections of institutions, departments, offices, places, positions and employments affected by the Civil Service System." Form on Ballot FOR AGAINST [ Proposition 7 repealing the requirement for mandatory inspections. Proposition 8 Resolved the that Section 6 of Article XVII of the City Charter shall read as follows: "The director of Personnel of the City of North Richland Hills shall perform all such work incidental to, and provide all facilities necessary for the conduct of Civil Service business." Form on Ballot FOR [ AGAINST [ 4. Proposition 8 appointing the Director of Personnel to provide support and facilities for the Civil Service Commission. Proposition 9 Resolved that Section 7 of Article XVII of the City Charter be repealed: Form on Ballot FOR [ ] AGAINST [ ] Proposition 9 repealing the requirement to provide separate office space for the Civil Service Commission. Proposition 10 Resolved that the last paragraph of Section 9 of Article XVII of the City Charter shall read as follows: "Appropriate physical examinations shall be required of all applicants for beginning positions. The examinations shall be given by a physician appointed by the City Manager and paid by the City. In the event of rejection by such physician, the applicant may call for further examination by a board of three physicians appointed by the City Manager but at the expense of the applicant and whose findings shall be final." Form on Ballot FOR AGAINST ] Proposition 10 requiring the City exam1n1ng physician to be appointed by the City Manager instead of the Civil Service Commission. Proposition 11 Resolved that Section 10 of Article XVII of the City Charter shall read as follows: "All vacancies in the classified service shall be filled by re-employment, promotion, original appointment, transfer or demotion. 5. "When a vacancy occurs in any department where such vacancy is to be filled from an eligibility list, the head of the department shall request in writing from the Personnel Department the names of the three persons having the highest grades on the eligibility list. Upon receipt of a requisition for an employee, the Personnel Department shall certify the three eligible having the highest ranking on the eligibility list for the class of the vacancy to be filled. In the event there are less than three names remaining on a current eligibility list, then the remaining names shall be certified to the department head. The department head shall appoint the eligible with the highest ranking, except where the department head has a valid reason for not appointing said eligible. In such case he shall, before appointment, file his reasons in writing for rejection of the eligible or eligible with the Personnel Office. All eligibility lists shall remain in existence for one (1) year unless exhausted, and at the expiration of one (1) year they shall expire and new examinations be given." Form on Ballot FOR ] AGAINST Proposition 11 combining Sections 10 and 14e, Article XVII of the Charter and repealing the former Sections 10 and 14e in order to clarify the text of both prior sections. Proposition 12 Resolved that Section 11 of Article XVII of the City Charter be repealed. Form on Ballot FOR AGAINST [ Proposition 12 repealing Section 11 of Article XVII of the Charter in order to prevent duplication with Civil Service Rules and Regulations. Proposition 13 Resolved that Section 12 of Article XVII of the City Charter shall read as follows: "Probationary Employees. "A person who has received appointment to any department 6. hereunder shall serve a probationary period of twelve (12) months. The twelve (12) month probationary period shall begin not on the initial date of hire but shall instead begin on the first working day fOllowing the completion of all basic training required by such department." Form on Ballot FOR AGAINST [ Proposition 13 causing the probationary period to begin on the first working day. Proposition 14 Resolved that Section 13 of Article XVII of the City Charter be repealed. Form on Ballot FOR AGAINST [ Proposition 14 repealing Section 13 of Article XVII of the Charter to prevent duplication with Civil Service Rules and Regulations. Proposition 15 Resolved that Section 14 of Article XVII of the City Charter shall read as follows: "The Commission shall recommend to the City Council for adoption by Ordinance the Rules and Regulations governing promotions. The City Council shall not change, amend, delete, or alter the Civil Service Rules and Regulations without the recommendation of the Civil Service Commission." Form on Ballot FOR [ AGAINST Proposition 15 clarifying powers of the City Council and Civil Service Commission. 7. Proposition 16 Resolved that Section 14a of Article XVII of the City Charter shall read as follows. "Police/Fire Promótions. "All promotional examinations for sworn positions in the Police or Fire Service shall be open to all employees who have held a continuous position for two years or more in the classification immediately below the classification for which the examination is to be held. However, where there are less than three members in the next lower position with two years of service in that position, then all employees in such lower classification shall be eligible to take the examination. If, after extending the examination to all employees in the classification immediately below the position being tested, and there is still an insufficient number to take the examination, then the examination shall be extended to all employees in the second lower classification to that for which the examination is to be held." Form on Ballot FOR AGAINST ] Proposition 16 providing rules governing promotional examination for sworn positions in the police and Fire Service. Proposition 17 Resolved that Section 14b of Article XVII of the City Charter shall read as follows: "All other Promotions. "All promotional examinations, except for sworn police and fire positions, shall be open to all employees who have held a continuous position for one or more years in the classification immediately below the classification for which the examination is to be held. However, where there are less than three members in the next lower position with one year of service in that position, then all employees in such lower classification shall be eligible to take the examination. If, after extending the examination to all employees in the classification immediately below the position being tested, and there is still an insufficient number to take the examination, then the examination shall be extended to all employees in the second lower classification to that for which the examination is to be held. 8. "All applicants for any promotional position as described in Section 14a and Section 14b of this Article shall be given one point for each year of seniority in their department, but never to exceed ten points." Form on Ballot FOR AGAINST [ ] Proposition 17 providing rules governing promotional examinations for employees other than sworn positions with police and fire service and providing for seniority points to be given to all employees. Proposition 18 Resolved that Section 14c of Article XVII of the City Charter shall read as follows: "Efficiency Reports "The Commission shall formulate procedures and rules for semi-annual efficiency reports. In departments where an oral review board has been established and approved by the Commission, the oral interview grade may be substituted for the efficiency report grade." Form on Ballot FOR [ AGAINST [ Proposition 18 providing for use of efficiency reports and oral interview grades. Proposition 19 Resolved that Section 14d of Article XVII of the City Charter shall read as follows: " 14d - Examination of Applicants "1. Method of Examination - when Assessment Center Exercise is not used. "All applicants for a position shall be given an identical examination which may include either a written examination and/or an oral interview by an interview board. Seventy percent of the questions must be answered correctly to pass the written 9. examination. Each applicant must pass any written test used in order to be considered for appointment. All questions in the written examination shall be prepared and composed in such a manner that the grading of the holding of the examination and shall be prepared so as to test the knowledge of the applicants concerning information and facts, and all of said questions shall be based upon material which has been made available to all members of that department involved and shall be based upon the duties of the position sought and upon any study courses given by such departmental schools of instruction and upon the applicant's efficiency. When one of the applicants taking an examination for promotion has completed their written examination, the grading of such examination shall begin, and all of the examination papers shall be graded as they are completed, at the place where the examination is given and in the presence of any applicants who wish to remain during the grading. The grade which shall be placed on the eligibility list for each applicant shall be computed by adding such applicant's points for seniority and their credit based on the average of his last two (2) semi-annual efficiency reports or oral interview to their grade on such written examination. Each applicant shall have the opportunity to examine their examination and their answers thereto together with the grading thereof and if dissatisfied shall, within five (5) days, appeal the same to Commission for review in accordance with the provisions of this Article. All oral examinations shall be recorded "live" and turned in to the Commission, along with the examining board critiques and findings, for transcription and filing. No person shall be eligible for promotion unless they have served in such department for at least two (2) years immediately preceding the day of such promotional examination in the next lower position or other positions specified by the Commission. In the Police and Fire Departments, no person with less than four (4) years actual service in such department shall be eligible for promotion to the rank of Captain. Provided, however, that the requirements of two (2) years service in the department immediately preceding the date of promotional examination shall not be applicable to those persons recalled on active military duty for a period not to exceed twenty-four (24) months. Such persons shall be entitled to have time spent on active military duty considered as duty in the department concerned. However, any person whose absence for active military duty exceeds twelve (12) months, shall be required to serve ninety (90) days upon returning to the department before they shall become eligible to participate in a promotional examination, such period being considered essential for bringing them up to date on equipment and techniques. No person shall be eligible for appointment as Chief of the Fire or Police Department who has not been a bona fide fire fighter in a fire department or a bona fide law enforcement officer for five (5) years in the State of Texas." 10. "2. Method of Examination - when Assessment Center Exercise is used. "An Assessment Center Exercise shall consist of a qualifying written examination and other exercises approved by the Personnel Director. Applicants must answer correctly seventy percent of the questions to pass the written examination and to be eligible for the Assessment Center. If more than eight applicants pass the written examination, only the top eight scorers will be permitted to advance to the remaining exercises of the Assessment Center. 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 in the Assessment Center Exercises. 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. 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. Form on Ballot FOR AGAINST Proposition 19 establishing procedures for examination for promotion and Assessment Center Exercises for promotion. Proposition 20 Resolved that Section 14g of Article XVII of the City Charter be repealed. Form on Ballot FOR AGAINST Proposition 20 repealing Section 14g of Article XVII of the Charter which duplicates another section. Proposition 21 Resolved that Section 15 of Article XVII of the City Charter be repealed. 11. LAST PAGE OF EXHIBIT "A" To Resolution No. 92-17 Form on Ballot FOR [ AGAINST [ ] Proposition 21 repealing Section 15 of Article XVII of the City Charter which conflicts with other sections of the Charter. Proposition 22 Resolved that Section 23 of Article XVII of the City Charter shall read as follows: "Publishing of Civil Service Rules and Regulations. "The Commission shall recommend to the City Council all Civil Service Rules and Regulations for adoption by ordinance. Upon adoption by the City Council, a copy of the Civil Service Rules and Regulations shall be distributed to each department head. The Director of Personnel shall keep on hand copies of said rules and regulation for distribution to all requesting same, and said rules and regulations shall be kept available for inspection by any interested citizen." Form on Ballot FOR [ ] AGAINST [ ] Proposition 22 changing the procedures and requirements for publishing Civil Service Rules and Regulations and requiring them to be passed in Ordinance form. Proposition 23 Resolved that the following language shall become a part of the preamble of the City Charter: "Words in this Charter that are used in the masculine gender shall include the feminine also, unless by reasonable construction, it appears that such was not the intention of the Charter." Form on Ballot FOR AGAINST [ Proposition 23 requ1r1ng masculine words in the charter to include the feminine gender in construction of the Charter. 12.