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HomeMy WebLinkAboutORDINANCES-1982-123-O-8211/17/82 • 123-0-82 AN ORDINANCE Amending Civil Service Commission Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 2-3-5 of the City Code of the City of Evanston, 1979, as amended, is hereby.further amended to read as follows: 2-3-5: CIVIL SERVICE: The Evanston Civil Service shall include all positions in the City service except the following: - (A) Elected officials. (B) Administrative heads of City departments. (C) Members of boards, commissions, councils and public bodies, whose appointment is subject to confirmation by the City Council and citizen members of commissions and task forces appointed by the Mayor, City Council or by boards, commissions or councils. (D) Employees of the City Manager's office, the Law Department and • the Personnel Department. (E) Police officers above the rank of Captain, and firefighters above the rank of Assistant Fire Chief. (F) Employees whose work is seasonal and does not exceed one hundred eighty (180) days in any calendar year, part-time employees and temporary employees. (G) A secretary for any elected official. (H) Any additional position exempted pursuant to the approval of the City Manager; these additional exemptions must be based on the need for flexibility in appointment to positions which (1) involve the determination of policy, or (2) are required to direct or manage the implementation of policy, or (3) require per- formance with a high degree of confidentiality, or (4) are necessary to administer, manage or participate in those programs which, by their nature, should not be subject to Civil Service requirements. (I) •Nothing in this Section shallprohibit a department head or the City Manager from assigning a Civil Service employee, with the agreement of the employee, on a temporary basis, to perform an assignment, project or special task. Such assignments are temporary in nature not to exceed one year but renewable annually, they may be given with additional compensation, and are exempt from Civil Service for the duration of the assignment. Upon com- pletion or termination of such assignment, project or special task, the employee will return to his/her Civil Service position. SECTION II: That Section 2-3-9 of the City Code of the City of Evanston, 1979, as amended, be and is hereby further amended to read as follows: 123-0-82 2-3-9: DISCIPLINARY ACTIONS: (A) The department head or his/her designee shall have the power to suspend, demote for cause or discharge for abandonment of posi- tion. However, an employee may file with the Civil Service Com- mission an appeal of the following: (a) Suspension of six (6) • or more working days (sworn Fire Department employees may appeal a suspension of any period lasti.ng more than seven (7) calendar days); (b) a second suspension of any length occurring within a six (6) month period; (c) a demotion; or (d) discharge for abandonment of position; provided such appeal is filed within fourteen (14) calendar days of notice of such action. Appeals to the Civil Service Commission shall be conducted by a hearing officer within thirty (30) days of receipt of the appeal except where a continuance is granted upon good cause shown. Such appeals shall not stay a suspension, demotion or discharge due to abandonment of position. The hearing officer appointed by the Commission may administer oaths and secure by subpoena both the physical evidence and wit- nesses and cause the production of relevant books and papers. A record shall be made and retained of all proceedings before the hearing officer. The hearing officer shall make a finding of fact and decision in each case. The hearing officer may uphold, modify or overturn a disciplinary action covered in this Ordinance. The hearing officer's finding of fact and decision shall, in all cases, be advisory to the Civil Service Commission, and shall be transmitted within sixty days from the close of the hearing to the Commission and to affected parties. The Commission will review • the complete record including transcripts of testimony, exhibits and briefs, if any. The employee and the department head may present final oral arguments to the Commission if requested by either party. The Commission shall then make its decision which may uphold, modify or overturn the disciplinary action of a department head covered in this ordinance, or the Commission may remand the matter to the hearing officer for further hearing or reconsideration, or, for good cause shown, to a new hearing officer, for a hearing, ab initio. The Commission shall then certify its decision to the Director of Personnel who shall then notify the parties of the Commission's decision and take appropriate action. (B) In the case of a discharge action for other than abandonment of position, 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 thirty (30) days of receipt of charges except where a continuance is granted upon good cause shown. The hearing officer appointed by the Commission 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. The hearing officer shall make a finding of fact and decision in each case. The hearing officer may uphold, modify or overturn the action requested. The hearing officer's finding of fact and decision shall, in all -2- ,� • 123-0-82 cases, be advisory to the Civil Service Commission, and shall be transmitted within sixty days from the close of the hearing to the Commission and to affected parties. The Commission will review the complete record including transcripts of testimony, exhibits and briefs, if any. The employee and the department head may present final oral arguments to the Commission if requested by either party. The Commission shall then make its decision which may uphold, modify or overturn the action requested, or the Commission may remand the matter to the hearing officer for further hearing or reconsideration, or, for good cause shown, to a new hearing officer for a hearing ab initio. The Commission shall then certify its decision to the Director of Personnel who shallthen notify the parties of the Commission's decision and take appropriate action. (C) Any portion of this Section which is in conflict with a negotiated contract shall be governed by,said provisions of the negotiated contract. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: c1 ;- 1982. Adopted: !P 1982. Approve-. , 1982. Le - Mayor' ATTEST: City Clerk Approved,4s to for i T��„'� Cororation Counsel -3-