HomeMy WebLinkAboutORDINANCES-2011-015-O-11•
1 /28/2011
15-0-11
AN ORDINANCE
Adopting Civil Service Commission Rules of the
Evanston Civil Service Commission to Incorporate an Amendment
Pertaining to Residency Credits, Age Restrictions and Application Fees
for Civil Service Candidates
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 2-3-6 of the Evanston City Code of 1979, (the
"City Code"), is hereby amended as follows: the Evanston Civil Service Commission
Rules in Appendix A are hereby redacted in full and replaced by the amended Civil
Service Commission Rules which are attached to this ordinance as Exhibit "A".
• SECTION .2: the City amends the Civil Service Commission Rules as
provided in Section 2-3-6 of the City Code (the "Rules"), in order to provide two (2)
preference points to City of Evanston Fire Department candidates for entrance
examinations.
SECTION 3: The Rules were also amended to permit City of Evanston
Police and Fire Department candidates over the age of twenty (20) to submit
applications for civil service positions and if appointed, would acquire the position after
the age of twenty-one (21).
SECTION 4: Lastly, the Rules were amended to provide for the City of
Evanston Police and Fire Departments to charge any associated reasonable fee
• required for the entrance application.
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SECTION 5: That all ordinances or parts of ordinances in conflict •
herewith are hereby repealed.
SECTION 6: That if any provision of this ordinance or application thereof
to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this ordinance is severable.
SECTION 7: That this ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
IntroducedA-6t0-6 1,— , 2011 Approved:
Adopted: ACbU I .t.t R , 2011 2011
'-ZL
Eliz th B. Tisdahl, Mayor
Attest: Approved as to form:
'v.�4�X-
y �eene, City Clerk W. Grant Farrar, City Attorney
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EXHIBIT A
Appendix A
City of Evanston Civil Service Commission Rules
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15-0-11
Appendix A
CITY OF EVANSTON
CIVIL SERVICE COMMISSION
RULES
TABLE OF CONTENTS
Rule I.
Statement of Merit Principles
Rule II.
Equal Employment Opportunity
Rule III.
Recruitment
Rule IV.
Selection and Testing
Rule V.
Employment Lists
Rule VI.
Appointment
Rule VII.
Probation
Rule VIII.
Job Performance Appraisals
Rule IX.
Promotion
Rule X.
Transfer and Voluntary Reduction
Rule XI.
Discipline
Rule II.
Demotion
Rule XIII.
Discharge
Rule XIV.
Re -instatement and Re-employment
Rule XV.
Retirement •
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Rule I. Statement of Merit Principles •
The City of Evanston, through the Civil Service Commission, adheres to a
merit system in the operation and administration of all policies, procedures
and action relating to its employees.
These Rules contain the policies and guidelines for operating a system of
personnel administration. They include criteria for establishing and
maintaining a systematic approach to employing, advancing and retaining
employees: for assuring compliance with equal employment opportunity
requirements; and for assuring effective employee -management relations.
Rule II. Equal Emplovment Opportunity
It is the policy of this City to take affirmative action to correct
underutilization of minorities and women throughout the organization. In
addition, personnel actions such as promotion, benefits, transfers, layoffs and
training shall be administered according to U.S. Office of Personnel
• Management, EEO Executive Ofder and State EEO Guidelines. Such
personnel actions shall not be administered to act adversely against employees
due to their race, color, religion, sex, national origin, sexual preference,
handicap or age.
Discrimination against any person in recruitment, examination,
appointment, training, promotion, retention, or any other personnel action,
because of religious opinions or affiliations, or because of race, color, national
origin, or sexual preference is prohibited. Discrimination because of handicap,
age, sex, except where determined to be a bona fide occupational qualification,
is prohibited.
Any applicant or employee who feels adversely affected in the opportunity
for employment or advancement because of such discrimination shall have the
right to appeal in writing to the Director of Personnel within thirty (30) days of
• the alleged act. Any employee who feels adversely affected in his/her status as
an employee or in his/her condition of employment because of such
discrimination shall have the right to appeal through the EEO grievance
procedure, as stated in the City's Affirmative Action Plan. Appropriate .
corrective action will be taken in those cases found to be in violation of this
prohibition.
Rule III. Recruitment
It shall be the policy and practice of the City of Evanston to recruit
employees based on ability, knowledge and skills.
All internal and external recruitment for positions will be conducted on
an open and competitive basis and in accordance with Affirmative Action and
Equal Employment Opportunity° guidelines.
Rule IV. Selection and Testing
A. Application Process
All candidates for employment with the City of Evanston shall file
applications on forms provided by the City Department of Personnel, and
shall pay any associated reasonable fee required for such application. •
The screening and evaluation of all candidates is the responsibility of the
Department of Personnel.
B. General Oualifications
Applicants for positions in the Civil Service shall satisfy reasonable
requirements established by the Director of Personnel as may be
appropriate for the proper and competent performance of the duties and
responsibilities involved. General qualifications may include, but are not
limited to, physical condition, character and criminal conviction record.
Specifications as to age or sex may be identified as requirements
provided they are a bona fide occupational requirement.
Citizenship may be required for certain full-time positions where it is
deemed to be a valid pre -requisite.
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• C. Reiection of Applications
The Director of Personnel may reject any application for the following
reasons:
1. The applicant does not possess one of more of the requirements
specified in the announcement of the examination.
2. The applicant was not received on the prescribed form or before the
closing date for receiving applications.
3. The applicant falsified or failed to complete the application form, or
otherwise made a false statement of a material fact of practiced fraud
or attempted deception in the application, in the test, or in attempting
to secure appointment.
4. The applicant is found unfit to perform the required duties of the
positions for physical, medical, or psychological reasons.
5. The applicant, at the time of appointment, is addicted to the use of
• narcotics or hallucinatory drugs, or the excessive use or abuse of
intoxicating beverages or drugs.
6. The applicant has been convicted of a misdemeanor or felony related
to the employment sought. Persons who have engaged in any act of
conduct prohibited by State of Federal statutes or municipal
ordinance will be subject to review of such record by the Director of
Personnel or his/her designated representative and may be subject to
disqualification. In making such review, extenuating circumstances
such as the person's record since the incident, the nature of the
conduct, length of time since the incident, and the like shall be taken
into consideration.
7. The applicant was previously employed by the City and was dismissed
for cause, or resigned not in good standing, and is not currently
• eligible for re-employment by the City, or the applicant was dismissed
for relevant cause by another employer.
8. The applicant for Police Officer or Firefighter position, who is less
•
than 20 (twenty) years of age. However, at the end of the
examination, if the applicant is appointed to a civil service position,
he/she will not be formally appointed until the age of 21 (twenty-one)
years old.
9. The applicant for Police Officer of Firefighter, in addition to the
general limitations contained in paragraph 6 above, has a record of
any felony conviction or has a record of misdemeanor conviction(s) in
the following areas:
a. Contribution to the delinquency of a child
b. Indecent solicitation of a child
c. Adultery
d. Public indecency
e. Prostitution
f. Soliciting for a prostitute
g. Keeping*a place of prostitution
•
h. Patronizing a prostitute
i. Pimping
j. Aggravated assault
k. Intimidation
1. Penalty eavesdropping
m. Theft
n. Penalty storage of weapons
o. Unlawful possession of firearms and firearm ammunition
p. Defacing identification marks on firearms
q. Mob action
r. Keeping a gambling place
s. Resisting or obstructing a police officer
t. Obstructing justice
•
u. Escape
v. Aiding escape
• w. Compounding a crime
x. Subordination of perjury
y. Communicating with jurors and witnesses
z. Tampering with public records
aa. Unlawful use of weapons
bb. Battery
cc. Possession of or sale of controlled substances
dd. Deviate sexual assault may be disqualified from taking such
examination on grounds of habits of moral character, and
the conviction may be considered as a factor in determining
the person's habits or moral character.
10. The applicant for civilian, non -uniform positions in the Police
Department, in addition to the general limitations contained in
paragraph 6 above, has a record of misdemeanor conviction(s) in the
areas as listed in paragraph 9 above, may be disqualified from
• taking such examination on grounds of habits of moral character,
and the conviction may be considered as a factor in determining the
person's habits or moral character.
D. Examinations
1. Woes:
The Director of Personnel shall conduct examinations to determine the
fitness of all applicants, except in those instances where the Civil Service
commission may determine to conduct the examination. Examinations
may include an evaluation of such factors as age (Police and Fire),
education, training, capacity, knowledge, manual dexterity, character
and physical and psychological fitness. Tests may be written, oral,
physical, demonstration of skill, or an evaluation of training and
experience. Examinations may consist of one or more tests in any
• combination. The applicants shall not be questioned in any manner
regarding matters of race, religion or political affiliation.
2. WeiRhtiniz and Scoriniz of Examinations:
The Director of Personnel shall establish minimum standards for each
component of each examination, and may provide with respect to any •
such component that all applicants who fail to meet such minimum
standards shall be deemed to have failed the examination and shall not
be permitted to take any further component of the examination. Each
component of .the examination shall be given such weight as the Director
of Personnel shall determine, and each applicant's standing in each
component shall be compiled according to such weights.
3. Announcements:
Public announcements of an open, competitive examination shall be
made at least one (1) week prior to the date the examination is to be
conducted. Announcements will be made internally to all departments,
and also posted on the bulletin board in the Personnel Office.
Announcements may also be circulated through the press, radio,
television and other forms of public communication. Announcements
shall specify the date, place and manner in which an application for •
examination shall be made. Announcements of examinations in the Fire
and Police departments shall be posted for thirty (30) days.
Examinations shall be conducted by the Director of Personnel, or by
persons so designated, at such times and places deemed to be practical,
convenient and in the best interests of the City of Evanston.
4. Admission:
Admission to competitive examinations shall be granted only to
applicants whose qualifications satisfy the standards established by the
Director of Personnel and who meet such requirements at the closing
date listed on the examination announcement.
5. Credits for Applicants:
a. Military Credits: Qualified persons who have passed all phases of an
examination, and who have been members of the Armed Forces of the United
States, and have served on active duty for a period of more than 180 0
consecutive days any part of which occurred before October 15, 1976 will be
• granted preference in entrance examinations, when a part of the examination
posting, as follows, upon written request: two points shall be added to the
entrance examination grade, provided that:
1. he/she has not been dishonorable discharged
2. he/she is otherwise qualified, and entitled to appear on the
list of those provisionally eligible for appointment.
b. Residency Credits for Fire Department Candidates: Qualified persons
who have passed all phases of an examination, and who have resided in the
City of Evanston for continuous twelve-month period prior to testing shall be
granted preference in entrance examinations, when such preference is a
component in the examination posting, as follows: two (2) points shall be added
to the entrance examination grade, prior to the final grade on the examination.
The numerical result thus attained shall be applied by the Civil Service
Commission in determining whether such person shall meet the minimum
qualifications for placement on the register of eligible candidates for the City of
Evanston Fire Department. Persons who are competing in promotional
examinations under Civil Service for the City of Evanston Fire Department
shall not be eligible for the residency preference credit.
6. Applicant Background Investigation:
The Director of Personnel may make such investigation of the
background of applicants, including criminal conviction records and
verification of claimed experience and training of applicants, as he or she
determines is necessary to establish the fitness, moral character and
qualifications of applicants.
7. Confidential Nature of the Examination Process and Material:
It is the responsibility of every employee and representative of the
Department of Personnel to treat as confidential any information
available to them concerning examination materials and ratings earned
• by competitors. Any employee engaging in corrupt or negligent practices
in connection with examinations shall be subject to dismissal. In order
to protect the security of test material and to protect the rights and
privacy of applicants, all applications, examinations and test material
shall be regarded as privileged and confidential and not available for •
public inspection.
8. Responsibilities of Applicants:
All applicants are responsible for reporting to and participating in all
tests or parts of an examination, and furnishing all information or
materials that are requested, in accordance with the examination
announcement and such instructions as are furnished by the
Department of Personnel. Candidates who fail to follow such
instructions shall be disqualified. Applicants and persons whose names
are placed upon an employment list must notify the Department of
Personnel immediately in writing of any change of address or change of
name.
9. Cancellation or Postponement:
The Director of Personnel may cancel or postpone any examination when
there is an insufficient number of qualified candidates. Suitable notice
shall be given of such action. The Director of Personnel may discontinue
offering any examination in the City when there is a sufficient number of
names on the provisional eligible list to meet the needs of the City.
10. Notice of Examination Results: Creation of Emolovment List:
Final grading of examinations shall be completed as quickly as is
reasonably practical. Following final grading of an examination, the
names of applicants who have passed the examination shall be placed on
a provisional employment list or provisional promotional list.
Each applicant will be notified of the result he/she has obtained on the
examination. If he/she has failed to pass the examination, the notice
will read to that effect. If he/she has passed the examination, he/she
will receive notice that hes/her name has been placed on the appropriate •
employment list.
Ties in final examination score shall be resolved when necessary in
20 original entrance examinations by priority in time of filing applications,
and in promotional examination by seniority in current rank.
11. Appeal of Examination Grade:
Whenever an applicant shall receive notice of results of an examination,
he/she may appeal to the Director of Personnel, within 30 days from the
date such notice was sent, for reconsideration of his grade. However, no
alteration in the order of standing upon an employment list resulting
from such appeal shall affect the status of any person who has, in the
meantime, been appointed to any position from such list.
Rule V. Emplovment Lists
A. Emplovment Lists
Persons may be certified for appointment to positions from
five types of employment lists:
1. Lay-off lists, which contain the names of persons who
have been laid off from the Civil Service and are
available to be returned to employment in their class
of positions.
2. Re-employment lists, which contain the names of
persons who have completed and are returning from
leaves of absence and are available for re-employment
in their class of positions, provided that their leave of
absence was in accord with provisions specified in the
Personnel rules.
3. Re -instatement lists, which contain the names of
persons who had resigned from the Civil service, but
have withdrawn their resignation and are awaiting re-
instatement, provided that their resignation was in
accord with provisions specified in the Personnel rules.
In
4. Provisional promotional lists, which contain the names
of persons who are provisionally qualified for a class of
positions as a result of promotional examinations.
5. Provisional employment lists, which contain the names
of persons who are provisionally qualified as a result of
open competitive examinations for original
appointment to a class of positions covered by .the
lists.
General Conditions
1. Departmental Needs:
The Director of Personnel may establish employment
lists for particular departments or agencies and/or for
classes of positions in the Civil Service as a whole.
The Director of Personnel may develop the employment
lists to account for department needs on the basis of
location or area of employment, when satisfied that
such action will assist in the administration of
certifications and appointments.
2. MerRer of Lists:
Employment lists may be merged (a) whenever two or
more classes of positions have been consolidated, or
(b) whenever separate lists exist for the same class
resulting from successive examinations. Such merger
may be made if the Director of Personnel determines
the merger helpful in the administration of the
selection process.
3. Availability for Emplovment:
It shall be the responsibility of all persons whose
names appear on employment lists to advise the
Department Personnel
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of of their continuing
availability for employment upon request of the
• Director of Personnel. Failure to respond to the
request shall be grounds for removal from a list.
4. Causes for Removal:
Names of eligible persons may be removed from
employment lists by the Director of Personnel, for any
of the following reasons:
a. appointment of an eligible from an employment
lists.
b. death of an eligible.
C. notice by postal authorities that they are unable
to locate the eligible at the last known address.
d. attempt by an eligible to practice any deception
or fraud in completion of an application or in
connection with an examination.
e. information that the eligible lacks any of the
• qualifications required for the class for which
he/she was erroneously declared eligible.
f. request from an eligible that his/her name be
removed.
g. failure of an eligible, upon referral, to reply or to
report for an interview.
h. after accepting employment, failure without good
cause to report to work within the time
prescribed by the employing department.
i. failure of an eligible upon request to furnish
written evidence of his/her availability for
employment.
j . refusal of an eligible to accept one (1) offer of
• employment, without good cause.
k. when the eligible is a former City employee who
was dismissed from the Civil Service.
1. unfavorable background information as it relates
to the position. •
M. failure to complete and pass any pre-
employment conditions, such as, but not limited
to, medical or psychological examinations.
n. expiration or cancellation of the eligible list upon
which his/her name appears.
C Provisional Emplovment Lists
1. Ranking of Persons Provisionallv Eligible:
Based on the characteristics of the position and the
methods of examination, the Director of Personnel may
rank persons on Provisional Employment Lists:
a. numerically by final examination score
b. categorically by groups of relative excellence,
where the category may be based on groupings
of numerical rankings, oral board ratings or •
evaluation of education and work experience,
assessment center procedures of other
appropriate basis.
C. categorically by groups of relative excellence,
where the category may be based on groupings
of numerical rankings, oral board ratings or
evaluation of education and work experience,
assessment center procedures or other
appropriate basis.
2. Life of Lists:
All Provisional Employment Lists shall have a
maximum life of two years, except as otherwise pre-
determined by the Director of Personnel. The Director •
may extend the life of a list when in his/her judgment,
•
the list is still viable and such extension is for the good
of the service.
3. Cancellation of Lists:
A list may be cancelled by the Director of Personnel at
any time when a change in either classification or
testing standards or other changes requires such
action.
D. Provisional Promotional Lists:
Provisional promotional lists shall be maintained identically
to provisional Employment lists, section C, (1) - (3) .
E. Appbintments From Provisional Lists:
When an appointment to a position at the entry level is made
from a Provisional employment list, such appointment shall
be made from among the persons with the five highest
grades or from those persons standing in the highest
•
category grouping available, provided that such employee
satisfies qualifying requirements, if any are determined
necessary for said position.
Promotional appointments are made of the person standing
among those who are available within the five highest grades
or who are in the highest category groupings available,
provided that such employee satisfies qualifying
requirements, if any are determined necessary for said
position.
When an appointment is to be made from a category -grouped
provisional list, the Department Head, as appointing
authority, may request that an eligible be appointed through
a lottery system containing the names of all eligibles within
the highest category available. The Director of Personnel
(Human Resources) will supervise the conducting of such a
lottery.
F. Reinstatement of Names to Provisional Employment Lists:
The Director of Personnel ) may Resources) restore a •
( Y
name to the same provisional employment list, when in
his/her opinion, such action is in the best interest of the
City. Names of employees laid off due to budget restrictions
or work curtailments during their probationary period shall
be returned to the provisional list at the original position for
the class in which the lay-off occurred.
G. Re -instatement and Re-emplovment Lists:
Names of candidates eligible for reinstatement or re-
employment shall be recorded and retained for the duration
of the period in which they are eligible to return, as specified
in the Personnel Rules.
Rule VI. Appointments
Whenever a vacancy in the Civil Service is to be filled, the •
Department Head shall complete a requisition, upon a form
prescribed by the Department of Personnel (Human Resources), for
the certification of an eligible candidate. A separate requisition
shall be made for each position to be filled.
The filling of vacant positions in the Civil Service shall be based on
merit which may include past performance, and may be made in
any of the following ways:
1. By re -instatement of a former Civil Service employee
2. By inter -department or intra- department transfer
3. By accepting any employee's request for a voluntary reduction
4. By demoting a Civil Service employee
5. By promotion of an employee who has been selected through
the appropriate Civil Service promotional process
• 6. By appointment from an open competitive provisional
employment list
A. Types of Appointments
Any appointment to a position in the Civil Service shall be
made only as one of the following:
1. Ememencv appointment:
Whenever a serious emergency exists in which
substantial impairment, harm or loss to the citizens,
the result, and which makes it impractical to fill a
position in the Civil Service by the normal procedure, a
Department Head with the consent of the Director of
Personnel (Human Resources) may appoint any
qualified person to such position under an emergency
appointment. Such person shall be employed only
during such emergency and for a period not to exceed
• ninety (90) calendar days, and shall not have Civil
Service statues for the duration of such appointment.
2. Temporary Appointment:
Whenever there are urgent reasons, certified by a
Department Head, for filling a Civil Service position in
a class for which either an appropriate employment
list or the required number of provisional eligibles is
not then available, and pending the establishment of
an employment list, the Director of Personnel (Human
Resources) may authorize the vacancy to be filled by a
temporary appointment, for a period not to exceed
nine (9) months. There will be no renewals of such
temporary appointment. Should the need for a
• temporary appointment continue beyond the nine (9)
month time period, a new temporary appointment
shall be made. The person holding such temporary
3.
a
F7
appointment shall not have Civil Service status while
in
•
such'temporary position.
Probationary Appointment:
When a person is initially employed to fill a position in
the Civil Service as a result of selection from a
provisional employment list, provisional promotional
list or other employment list, he/she shall be given a
probationary appointment and shall serve under the
probationary appointment, for the duration of the
probationary period, unless otherwise directed by the
Director of Personnel (Human Resources).
Civil Service Appointment:
An employee shall be given a Civil Service appointment
upon satisfactory completion of the probationary
period, and shall acquire Civil Service status. Upon
promotion, an employee shall be given a Civil Service
•
appointment and shall have Civil Service status in the
new position upon completion of the promotional
probationary period, which shall be of the same length
of time as prescribed for probationary appointments.
Transfer Appointment - Police and Fire Only:
A person who has served a minimum of one (1) year as
a Police Officer, Firefighter or Communications
Operator in a municipality with similar duties and
responsibilities as a Police Officer, Firefighter or
Communications Operator in the City of Evanston may
apply for the position of Police Officer, Firefighter or
Communications Operator on a transfer. Such
requests from applicants will take precedence over
•
those candidates on any existing provisional
employment list, and may be required to take all parts
• of an examination, or only qualifying portions, as
determined by the Director of Personnel (Human
Resources).
B. Appointments to Civil Service Positions:
As the appointing authority, the Department Head shall make
appointments to Civil Service positions from among qualified
persons certified to the Department Head by the Director of
Personnel (Human Resources). The Department Head shall
make an appointment after receiving the certification.
In the case of certifications from lay-off, re -instatement or re-
employment lists, the Department Head shall appoint the
person or persons certified, unless he/she shows, in writing to
the Director of Personnel (Human Resources), good job -related
cause for not appointing such persons. In the latter
circumstance, and with the approval of the Director of
• Personnel (Human Resources) the Department Head shall
request and the Director of Personnel shall furnish a new
certification.
In the event that an employment list is not available from which
a certification can be made, the Director of Personnel (Human
Resources) may authorize a temporary appointment, as
described in Rule IV A 2.
1. Types of Certifications:
In certifying persons from lay-off, re -instatement or re-
employment lists, the Director of Personnel (Human
Resources) shall certify the number of persons, in sequence
from the lists which corresponds with the number of
vacancies to be filled.
• In certifying persons from provisional employment and
promotional lists, the Director of Personnel (Human
Resources) shall certify the number of persons, as follows:
a. When provisional eligibles are ranked and listed
numerically by examination score, the five persons having •
the highest passing scores for each position to be filled. If
fewer than five persons are on the list, the total number
on the list shall be certified.
b. When eligible persons are ranked the listed by category,
all persons in the highest ranking category available shall
be certified, provided that:
i. Each such categorical certification shall contain the
names of at least five (5) persons, if such number is
available; or otherwise include all persons in that
.category.
ii. Upon request of the Department Head and at the
determination of the Director of Personnel (Human
Resources), categorical certifications may include fewer
than the total number of persons in the category in •
order to provide the Department Head a reasonable
and manageable selection.
Rule VII. Probation:
A. Probationary Period:
All persons appointed to Civil Service positions from provisional
employment or promoted from provisional promotional lists
shall serve a probationary period as follows: one year of on-the-
job performance for sworn members of the Fire and Police
Departments; six months of on-the-job performance for all other
employees. However, upon agreement of the Department Head
and employee involved and the Director of Personnel (Human
Resources), the probationary period may be extended for up to •
six (6) additional months. Completion of the probationary
period will be based on time on on-the-job performance.
isA probationary period of from one to six months (one to twelve
(12) for sworn members of the Fire and Police Departments)
may be served, in the cases listed below, at the discretion of the
Director of Personnel (Human Resources). The Director of
Personnel (Human Resources) will determine the length of
probationary period, if any, to be served by:
1. An employee who has an interruption in continuous service;
2. An employee who is reinstated;
3. An employee who is demoted or who accepts a voluntary
reduction.
B. Attainment of Civil Service Status:
If the conduct and performance of the person appointed has
been satisfactory during the probationary period, appointment
shall be considered complete at the end of this period, and the
employee shall attain Civil Service status in this classification.
• An employee's annual merit review date is the date of successful
completion of the probationary period. Notice of certification
will be sent to the employee and department by the Department
of Personnel (Human Resources).
C. Promotions Duriniz Probationary Period:
A probationary employee who is promoted during the initial
probationary period shall complete the original probationary
period, if the promotion and original position are in the same
series of classifications, as well as completing the promotional
probationary period. The result of this rule is to insure an
employee Civil Service status in his/her previous classification
should his/her performance in the promoted position be less
than satisfactory.
• D. Demotions During Probationary Period:
A probationary employee who is demoted shall begin a new
probationary period of one to six months at the discretion of the
Director of Personnel (Human Resources), unless he/she
previously held Civil Service status in the class to which •
demoted in which case the employee shall attain Civil Service
status immediately after the demotion.
E. Transfers during Probationary Period:
A probationary employee who has been transferred shall serve
only that portion of the probationary period not completed.
F. Discharge durinLy Probationary Period:
If a probationary, employee shall be found un-satisfactory or not
qualified for the performance of the duties of his/her position,
the Department Head may request a meeting with the Director
of Personnel (Human Resources) to review his/her reasons for
requesting discharge.
An employee may not be discharged during the probationary
period without the approval of the Director of Personnel (Human
Resources). •
Rule VIII. Job Performance Appraisals:
The Director of Personnel (Human Resources), in cooperation with
Department Heads, will administer a system of rating employee
performance. The standards of performance recommended as a
basis of such rating will have reference to the quality and quantity of
work done, the manner in which the work is done, the conduct of
employees, and faithfulness to their duties, and other characteristics
which measure the value of the employee.
Job Performance Appraisals shall be used as an aid in staff
development to substantiate current recommendations and to be
available as needed in considering future personnel transactions.
Performance reviews and Job Performance Appraisals will be •
prepared to substantiate recommendations for granting withholding,
reducing and restoring performance increases.
• Rule IX. Promotion:
A. Promotion:
A promotion shall mean an advancement in pay grade and job
classification from a lower grade to a higher grade.
B. Promotional Policv:
The Director of Personnel (Human Resources) shall develop
regulations and examination methods for promotions that will
assure promotional process which gives appropriate consideration
to the applicant's qualifications, record of performance and ability.
C. Eligibility for Promotion:
The Director of Personnel (Human Recourses) shall determine the
eligibility or entrance requirements for each promotional
examination. Such requirements shall be determined in
accordance with the following criteria:
1. Eligibility for promotional examination shall include persons
• who occupy a lower class of position in the same or related
occupational series, or otherwise meet the qualification
requirements as determined by the Director of Personnel
(Human Resources).
2. Eligibility for a promotional examination may be limited to
persons within a department when the experience required for
the promotional position can be obtained only within the
department.
D. Promotional Announcements:
Announcements for promotional examinations shall be sent by the
Personnel Department (Human Resources Department) to all
departments.
E. Police Promotions:
• Only City of Evanston Police Officers shall be eligible for the
examination for Sergeant of Police.
F. Fire Promotions:
Only City of Evanston Firefighters shall be eligible for the
examination for Captain in the Fire Department. •
Rule X. Transfer and Voluntary Reduction
A. Transfer:
A transfer is the assignment of an employee to a vacant position
whose classification has the same maximum permissible salary or
rate. In determining whether or not to approve the transfer of an
employee, the Director of Personnel (Human Resources) shall
consider the education, experience and character of the employee.
B. Voluntary Reduction:
A Civil Service employee may voluntarily request or accept
assignment to a position in a class having a lower maximum
permissible salary or rate. All requests for or acceptance of such
voluntary reductions shall be in writing, submitted to the Director
of Personnel (Human Resources) and shall be signed by the •
employee. A Civil Service employee who accepts a voluntary
reduction in grade may serve a probationary period of one to six
months, at the discretion of the Director of Personnel (Human
Resources), and shall be awarded Civil Service status in the lower
class at the completion of the probationary period. No reduction
shall become effective without the written approval of the Director
of Personnel (Human Resources) and the Department Head.
A probationary employee may voluntarily request or accept
assignment to a position in a class having a lower maximum
permissible salary or rate, and must follow the same procedure for
submitting such requests as Civil Service employees. A
probationary employee so assigned shall serve a new probationary
period as prescribed by Rule VII, unless the probationary period •
being served prior to the reduction was the result of a promotion,
in which case the reduction shall be with Civil Service status if the
• return is to the same or similar title in which Civil Service status
has been held during the current period of continuous service.
Temporary or emergency employees shall not be granted a request
for a voluntary reduction. In the event of a pending layoff, Civil
Service employees shall be given preference according to seniority
and merit over probationary employees in appointments to vacant
positions in classes -having lower maximum permissible salaries or
rates if the Civil Service employee requests voluntary reduction
before such appointments have been made.
Rule XI. Discipline
A. Policy
The art of discipline is intended to be a positive in nature and
attempts to correct unacceptable employee actions. This attempt
includes counseling sessions, Employee's Assistance, and other
• help with the purpose of improving the behavior of an employee
that may be detrimental and disruptive to the effective operations
of a department and/or work program.
In the process of trying to assist the employee to resolve problems
and improve behavior, corrective action may be necessary. This
corrective action may include discipline.
The Personnel Department (Human Resources Department) shall
establish procedures for fair, reasonable and equitable disciplinary
measures, including suspension, demotion and discharge.
B. Internal Review
The Director of Personnel (Human Resources), through the Personnel
Rules, shall establish a uniform, equitable and formalized system of
internal administrative review of all proposed disciplinary action, to
• insure that the discipline system is utilized in a uniform and
equitable manner.
C. Riahts of Emplovees
Before any Civil Service employee may be questioned or examined by
or before any disciplinary board, or departmental agent, the results of •
which interrogation or examination may be the basis for discharge,
he/she will be advised in writing as to what specific improper or
illegal act he/she is alleged to have committed; he/she will be advised
in writing that admissions made in the course of such investigation
may be used as the basis for discharge; and he/she must be advised
in writing of his/her right to counsel of his/her own choosing present
to advise him/ her at any disciplinary proceedings; and a complete
record of any such meeting shall be made a complete transcript
thereof made available to the employee without charge and without
delay.
A Civil Service employee who has been: (1) suspended for more than
six (6) working days, or suspended a second time for any period
within a six-month period except for sworn Fire Department
employees who have been suspended for any period lasting more than •
seven (7) consecutive calendar days, or suspended a second time for
any period within a six-month period; (2) demoted as a result of
disciplinary action; or (3) discharged as a result of abandonment of
position; may appeal these actions to the Civil Service Commission.
Such appeal shall be filed with the Director of Personnel (Human
Resources) within fourteen (14) calendar days of notice of such
action.
The decision of the Hearing Officer shall, in all cases, be advisory to
the Civil Service Commission.
The employee may be represented for such appeal by legal counsel or
other person of his/her choosing.
D. Hearing Officer
Upon receipt of such appeal, the Civil Service Commission shall have •
a Hearing Officer appointed according to the procedures set by the
Commission. This Hearing Officer shall conduct the. appeal hearing.
• Appeals to the Civil Service Commission shall be conducted by a
Hearing Officer within 30 days of the appeal, except where a
continuance has been granted upon good cause shown. Such
appeals shall not stay a suspension, demotion or discharge due to
abandonment of position while the appeal is pending.
The Hearing Officer may administer oaths, and secure by subpoena
both the physical evidence and witnesses, and cause the production
of relevant books and papers. A record shall be made and retained of
all proceedings before the Hearing Officer.
In such appeals, the burden of proof shall be upon the City.
The Hearing Officer shall make a finding of fact and decision in each
case. The Hearing Officer may uphold, modify or overturn the
disciplinary action of a Department Head.
The Hearing Officer shall transmit his/her advisory decision to the
Civil Service Commission.
• E. Civil Service Commission Role:
The Civil Service Commission will review the complete record
including transcripts and testimony, exhibits or briefs, if any, and
then make its decision which may uphold, modify or overturn the
disciplinary action or request for action of a Department Head. The
Commission shall certify its decision to the Director of Personnel
(Human Resources) who shall then notify the parties of the
Commission's decision, and take appropriate action.
Rule XII. Demotion:
A demotion is the assignment of an employee, for cause, to a vacant
position in a class having a lower maximum permissible salary or
rate than the class from which the demotion was made.
• The Department of Personnel (Human Resources) shall establish
procedures for Department Heads initiating demotions for cause.
Demotions of a Civil Service employee are appealable to the Civil •
Service Commission, under the rules as set forth in Rule XI. Should
an employee choose to appeal such demotion, he/she must do so, in
writing, within fourteen (14 calendar days of notice of such
demotion. This appeal should be filed with the Director of Personnel
(Human Resources).
Rule XIII. Discharge:
Civil Service employees may be discharged from the City's
employment for cause.
The Department of Personnel (Human Resources) shall set
procedures to insure adherence to this policy.
The Department Head shall file charges for discharge with the Civil
Service Commission. No discharge will become effective before a
hearing on such charges is held. The employee may be suspended
pending such hearing. Discharge hearings shall be conducted by a •
Hearing Officer within 30 days of receipt of charges, except where a
continuance is granted upon good cause shown. Such discharge
hearings shall be conducted in accordance with the rules as set
forth in Rule XI.
An employee who absents himself/herself from duty for a period of
three (3) consecutive days without permission of or contact with
his/her supervisor or Department Head shall be considered as
having abandoned his/her employment and as having separated
himself/herself from the service of the City. Abandonment of
position is appealable to the Civil Service Commission in accordance
with Rule XI.
Rule XIV. Re -instatement and Re-emplovment:
A. Re -instatement:
•
• On request of a Department Head, the Director of Personnel
(Human Resources) may re -instate a former employee who
resigned in good standing. This request must be made in writing
within 30 days of the resignation.
B. Re-emplovment: '
The Department of Personnel (Human Resources) shall establish
and maintain a re-employment list by class and department.
A Civil Service employee who has been laid off, who has been on
a permanent leave of absence, or whose position has been
allocated to another class and who has not been awarded Civil
Service status in such new class shall be placed on a re-
employment list for the first available assignment to a position in
the class and department in which he/she was assigned prior to
being placed on the re-employment list.
A Civil Service employee whose name appears on a re-
employment list may be appointed to a position other than the
position to which he/she is eligible for re-employment. If the
position is in the same or higher level, such appointment, upon
satisfactory completion of the probationary period resulting there
from, would remove the employee's name from the re-
employment list. If the position is on a lower level, upon
employee's acceptance, it would have no effect on re-employment.
Such employees would retain benefits derived there from and
may serve a one to six month probationary period at the
discretion of the Director of Personnel (Human Resources).
Names shall be removed from the re-employment list when:
1. The employee is appointed from the re-employment list.
2. The employee waives an offer of employment.
• 3. The employee's name has remained on the re-
employment list for twelve months.
Rule XV. Retirement: •
The mandatory retirement age for all City employees shall be 70 years
of age, exclusive of sworn members of the Police and Fire
Departments covered by these Rules, whose mandatory retirement
age shall be 60 years of age, except that sworn members of the Police
and Fire Departments may continue to work at age 65 upon
successful completion of an examination of physical abilities
beginning at age 60, a procedure for which shall be set forth in the
Personnel Rules. Age is here determined to be a bona fide
occupational qualification reasonably necessary to the normal
operation of the Police and Fire Departments.
All those sworn personnel of the Fire and Police Departments covered
by these Rules who are 55 years of age or older at the date of passage
of these Evanston Civil Service Commission Rules shall have a
retirement age of 65 years of age. •
The Director of Personnel (Human Resources), through the Personnel
Rules, shall establish procedures for granting temporary extensions of
such retirement age based on program needs or in the case of Police
and Fire personnel based upon physical qualifications as provided for
above.
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