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HomeMy WebLinkAboutORDINANCES-1980-068-O-808/14/80 68-0-80 AN ORDINANCE Amending Chapter 3 of Title 2 and Repealing Section 1-9-8 of Title 1 i WHEREAS, the City of Evanston is a have rule unit within the meaning of the Illinois Constitution of 1970; and WHEREAS, the City of Evanston, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; i and WHEREAS, the creation of an effective personnel system is vital to the proper functioning of the City and is directly related to its govern- J ment and its affairs; • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I i EVANSTON, COOK COUNTY, ILLINOIS: is SECTION 1: Chapter 3 of Title 2 of the Municipal Code of the City of Evanston, 1979 is hereby amended to read as follows: SECTION: 2-3-1: 2-3-2: 2-3-3: 2-3-3-1: 2-3-3-2: 2-3-4: 2-3-5: 2-3-6: 2-3-7: 2-3-8: 2-3-9: Purpose Creation of Evanston Civil Service Commission and Department of Personnel Civil Service Commission Appointment; Term; Quorum; Qualifications; Oath; Removal Powers and Duties Department of Personnel Civil Service Civil Service Rules Personnel Rules Hearing Officers Disciplinary Actions 68-0-80 2-3-10: Discrimination 2-3-11: False Statements; Acceptance of Money for Appointment; Penalties • 2-3-12: Political Activity 2-3-13: Probationary Period 2-3-14: Retirement 2-3-15: Reciprocal Agreements 2-3-16: Review Under Administrative Review 2-3-17: Severability 2-3-1 PURPOSE: It is the general purpose of this ordinance, and it is necessary in the public interest to establish a system of personnel administration that provides for a professional and progressive system for employment and to ensure a viable Civil Service within the City of Evanston by amending the Civil Service System now operating within the City of Evanston, and establishing the system contained in this ordinance. This ordinance shall supersede all or- dinances and state statutes on the subject, except as herein provided. 2-3-2: CREATION OF EVANSTON CIVIL SERVICE COMMISSION AND DEPARTMENT OF PERSONNEL: The following agencies are hereby created, • to wit: (A) The Evanston Civil Service Commission, consisting of three (3) citizens appointed in such manner and for such terms as herein- after described in Section 2-3-3-1. (B) A Department of Personnel consisting of a Director of Personnel and such other personnel as may be employed and assigned thereto. 2-3-3: CIVIL SERVICE COMMISSION 2-3-3-1: APPOINTMENT; TERM; QUORUM; QUALIFICATIONS; OATH; REMOVAL: (A) The Mayor, with the approval of the City Council, shall appoint three (3) persons who shall constitute and be known as the Evanston Civil Service Commission. (B) Said Commission members shall serve for three years and until their respective successors are appointed and qualify. Those holding office at the time of the effective date of this or- dinance shall continue in office until the expiration of the terms to which they have been appointed. In every year there- after the Mayor shall, in like manner, appoint one person as the successor of the Commissioner whose term shall expire that year to serve as such Commissioner for three (3) years and until his/her successor is appointed and qualified. The Mayor • shall designate one Commissioner as Chairman, for such term as the Mayor shall determine, but the term of chairman shall in no event exceed the term for which the chairman was appointed as a Commissioner. +' -2- • • • (C) Two (2) Commissioners shall constitute a quorum. (D) The Commissioners shall hold no office which may create a conflict with the duties to be performed by such Commissioner. (E) Each Commissioner, before entering upon the duties of his/her office, shall take the oath prescribed by Section 1-9-2(B) of Title 1. (F) Removal of any Commissioner shall be in accordance with the provisions of Title I, Chapter 6, Section 5 of the Evanston City Code 1979. Any vacancy in the office of Commissioner 3; shall be filled by appointment by the Mayor with the approval of the City Council. 2-3-3-2: POWERS AND DUTIES: (A) The Evanston Civil Service Commission shall have the responsi- bility of overseeing the operation of the Civil Service System. (B) The Evanston Civil Service Commission shall be responsible for practical and reasonable examinations to determine the fitness of applicants for positions in the classified service of the City, and may delegate the conduct of such examinations to the Director of Personnel. (C) The Evanston Civil Service Commission shall establish and publish, an approved list of Hearing Officers, including biographical data, to perform such duties described in Sections 2-3-8 and 2-3-9. 2-3-4: DEPARTMENT OF PERSONNEL: The Director of Personnel shall be Chief Administrative Officer of the Department of Per- sonnel and shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. The Director of Personnel shall be responsible for the general management and control of the Department of Personnel in a manner consistent with the ordinances of the City, the applicable laws of the State, and the United States, and the rules of the Department. The Director of Personnel shall have the power and responsibility to: (A) Encourage and exercise leadership in the development of effective I personnel administration within the several departments of the City, and to make available the facilities of the Department of Personnel to this end. (B) Advise the City Manager on utilization of employees. (C) Foster and develop programs for the improvement of employee effectiveness including but not limited to position classification, salary administration, recruitment, selection, promotion, per- formance ratings, probationary periods and training. Said programs shall ensure equal employment opportunity for all applicants and employees; including the establishment and maintenance of an affirmative action plan. (D) Investigate from time to time the operation and effect of this l ordinance and the rules made hereunder and to report his/her findings and recommendations to the City Manager. I •: 1 SI (E) Establish and maintain records of all employees in the City service, in which there shall be set forth as to each employee the classification title, pay and status, and other relevant data. • (F) Make an annual report to the City Manager of the work of the Department. • (G) Certify that persons named on each payroll have been appointed and employed in accordance with the provisions of this ordinance and the rules adopted thereunder. No City disbursing or auditing officer shall make, approve, or take any part in making or approving any payment for personal services to any person holding a position in the City service, unless said payroll voucher or account of such payment bears the certification of the Director of Personnel or his/her authorized agent. (H) Act as Chief Examiner, under the direction of the Evanston Civil Service Commission. As such he/she shall supervise all examina- tions. The Chief Examiner shall be ex-officio Secretary to the Commission and shall keep the minutes of its proceedings, preserve all reports made to it, keep a record of all examina- tions held under its direction and perform such other duties as the Commission shall prescribe. (I) Certify eligible candidates to the appointing authority who shall be the Department Head or his/her designee. 1, (J) Apply and carry out this ordinance and the rules thereunder, and to perform any other lawful act, which may be necessary or desirable to carry out the purposes and provisions of this ordinance. 2-3-5: CIVIL SERVICE: The Evanston Civil Service shall include all positions in the City service except the following: 1. Elected officials. 2. Administrative heads of City departments. 3. Members of Boards, Commissions, Councils and public bodies, i 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. I 4. Employees of the City Manager's office and the Law Department. 5. Police Officers above the rank of Captain, and Firefighters above the rank of Assistant Fire Chief. 6. Employees whose work is seasonal and does not exceed 180 days in any calendar year, part time employees and temporary employees. 7. A secretary for any elected official. 8. Any additional position exempted pursuant to the approval of the City Manager; these additional exemptions muse be bases: or the need ear flexibility in appointment to positions which • (a) involve the determination of policy, or (b) are required to direct or manage the implementation of policy, or (c) require per- formance with a high degree of confidentiality, or (d) are necessary to administer, manage or participate in those programs which, by their nature, should not be subject to Civil Service requirements. -4- 9. Nothing in this section shall prohibit 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 assign- ments are temporary in nature not to exceed one year but re- newable annually, they may be given with additional compensation, and are exempt from Civil Service for the duration of the assign- ment. Upon completion or termination of such assignment, project or special task, the employee will return to his/her Civil Service position. 2-3-6: CIVIL SERVICE RULES: The revised Evanston Civil Service Commission Rules in Appendix A attached hereto and hereby adopted shall be in full force and effect from the effective date of this ordinance. Any future amendments, additions or deletions to these Evanston Civil Service Commission Rules shall be with the majority approval of the members of the Evanston Civil Service Commission. Prior to the effective date of such rules, the Commission shall give notice by posting said notice throughout the City departments, and shall transmit said notice to the City Counc11i1, and in no case shall such posting and said transmittal be less tLn 30 days before the effective date of the proposed rule change or amendment. Such notice shall include information concerning where the rules may be reviewed and where comments may be made. 2-3-7: PERSONNEL RULES: The Director of Personnel shall promulgate • Personnel Rules, with the approval of the City Manager, to administer and implement this ordinance and such policy guidelines as set by the Evanston Civil Service Commission, and for the day-to-day operation of the Personnel system. Prior to the effective date of such rules, the Director of Personnel shall give notice by posting said notice throughout the departments, and shall transmit said notice to the City Council, and in no case shall such posting and said transmittal be less than fifteen (15) days before the effective date of the proposed rule change or amendment. Such notice shall include information con- cerning where the rules may be reviewed and where comments may be made. All rules made as herein provided and all changes therein shall forth- with be printed and made available to all employees. 2-3-8: HEARING OFFICER: Hearing Officers shall be appointed by the Evanston Civil Service Commission to conduct hearings into any appeal brought by a Civil Service employee as a result of disci- plinary action covered in this ordinance.or the filing of charges for discharge for other than abandonment of position. No Hearing Officer shall be an employee of the City. The Civil Service Commission, upon publication of the list of Hearing Officers described in Section 2-3-3-2, shall provide an opportunity for interested em- ployees to make comments and/or suggestions regarding the list. The k. finalized list of Hearing Officers will be used, as the need arises, in the order as published. The Commission shall submit a panel of three (3) Hearing Officers. The employee shall strike one name and the City shall strike one name; the person whose name remains shall be the Hearing Officer. • Any portion of this Section which is in conflict with a negotiated contract shall be governed by said provisions of the negotiated contract. -5- 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 position. • However, an employee may file with the Civil Service Commission 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 lasting more than seven (7) calendar days); (b) a ' second suspension of any length occurring within a six-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 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 abandon- ment of position. 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'a disciplinary action covered in this ordinance. The employee will choose, when the appeal is filed, whether the decision of the Hearing Officer is final, or whether the decision • of the Hearing Officer is advisory to the Civil Service Commission. In those cases where the decision of the Hearing Officer is final, he/she shall certify the decision to the Director of Personnel who shall then notify the parties of the Hearing Officer's decision, and take appropriate action. In such cases, the Hearing Officer's decision shall be considered the final administrative decision of ' the Civil Service Commission. In those cases where the employee chooses that the Hearing Officer's decision be advisory to the Civil Service Commission, the Hearing Officer will transmit his/ her decision to the Commission. The Commission will review tran- scripts of testimony and other evidence heard by the Hearing Officer. No additional evidence may be presented. The Commission shall then 1 make its decision which may uphold, modify or overturn the disci- plinary action of a Department Head covered in this ordinance. The Commission shall 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 such hearing. pending 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. • The Bearing Officer appointed by the Commission may administer oaths li and secure by subpoena both the physical evidence and witnesses and ' cause the production of relevant books and papers. A record shall 11 be made and retained of all proceedings before the Hearing Officer. 1 The Hearing Officer shall make a finding of fact and decision in I each case. The Hearing Officer may uphold, modify or overturn the action requested. M The employee will choose, when notified that the charges have been filed, whether the decision of the Hearing Officer is final, or whether the decision of the Hearing Officer is advisory to the Civil Service Commission. In those cases where the decision of • the Hearing Officer is final, he/she shall certify the decision to the Director of Personnel who shall then notify the parties of the Hearing Officer's decision, and take appropriate action. In such cases, the Hearing Officer's decision shall be considered the final administrative decision of the Civil Service Commission. In those cases where the employee chooses that the Hearing Officer's decision be advisory to the Civil Service Commission, the Hearing Officer will transmit his/her decision to the Commission. The Commission will review transcripts of testimony and other evidence heard by the Hearing Officer. No additional evidence may be presented. The Commission shall then make its decision which may uphold, modify or overturn the action requested. The Commission shall certify its decision to the Director of Personnel who shall then 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. ` 2-3-10: DISCRIMINATION: Discrimination against any person in re- cruitment, examination, appointment, promotion, retention or any other personnel action, because of religious opinions or affilia- tions, or because of race, color, national origin, or sexual preference is prohibited. Discrimination because of age, handicap or sex, except where determined to be a bona fide occupational qualification, is prohibited. • 2-3-11: FALSE STATEMENTS; ACCEPTANCE OF MONEY FOR APPOINTMENT: i PENALTIES: (A) No person shall directly or indirectly coerce or command any employee in the Civil Service to pay, lend or contribute anything of value to a party, committee, organization, agency or person for any purpose. No employee in the Civil Service may use his or her official authority or influence in the Civil Service for the purpose of affecting or interfering with the result of an election or nomination for a political office. (B) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this ordinance or in any manner, commit or attempt to commit any fraud, or prevent the impartial execution of this ordinance and any rules issued thereunder. (C) No person shall directly or indirectly give, render, pay, offer, solicit, or accept any money, service or other i valuable consideration for any appointment, promotion or proposed promotion, or any advantage in a position in the i; Civil Service. is (D) No person shall defeat, deceive, or obstruct any person in his/ ! her right to examination, eligibility, certification or appoint- ment under this ordinance, or furnish to any person any special or secret information for the purpose of affecting the right of any person with respect to employment in the Civil Service. EVA 0 • • moofflul (E) Any person who willfully or knowingly violates this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) per violation or shall be imprisoned for not more than six (6) months. Any person who is convicted of a violation in this section shall, for a period of five (5) years, be ineligible for appointment to a position in the Civil Service, and if he/she is an officer or employee of the City shall forfeit his/her office or position. 2-3-12: POLITICAL ACTIVITY: No person shall directly or indirectly coerce or command any City employee to pay, lend or contri- bute anything of value to a political party, committee, organization, agency or person for any purpose. No employee shall be an officer of a political party or hold political office during his/her employment. No employee may use his/her official authority or influence in the Civil Service for the purpose of affecting or interfering with the result of an election or nomination for a political office. Nothing herein contained shall affect the right of the employee to hold membership in and support a political party, to vote as he/she chooses, to express his/her opinion on all political subjects and candidates, to maintain political neutrality, and to attend political meetings. No employee of the City shall engage in political activity during working hours or while on City premises in any City -connected funtion, or use their official City office or title while engaging in political activities after working hours. In respect to employees whose salaries are paid in whole or in part by federal funds and whose employment is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in- aid programs, the applicable quidelines shall be in effect. Violation of this prohibition by any such employee shall subject him to discharge in accordance with the procedures controlling his position. Nor shall this ordinance be deemed to authorize conduct prohibited by the Federal Hatch Act by employees subject to said Act. 2-3-13: PROBATIONARY PERIOD: Probationary periods on original appointments and promotions shall be one year of on-the-job performance for sworn members of the Fire and Police Departments. For all other employees, the probationary period on original appointments and promotions shall be six (6) months. However, upon agreement of the Department Head and employee involved and the Director of Personnel, the probationary period may be extended for up to six (6) additional months. Employees holding positions in the Civil Service herein for six (6) months or more immediately prior to the adoption of this ordinance, unless exempted pursuant to this Chapter, shall be granted automatic Civil Service status and continued in their respective positions without further examination until separation from their posi- tions as provided by ordinance or rule. Those holding their positions less than six (6) months immediately prior to the adoption of this or- dinance shall complete their six (6) months probationary period. 2-3-14: RETIREMENT: The mandatory retirement age for all City em- ployees shall be 70 years of age, exclusive of sworn members of the Fire and Police Departments covered by this ordinance, whose mandatory retirement age shall be 60 years of age except that a system shall be provided for in the Civil Service Commission Rules to allow that sworn members of the Police and Fire Departments may continue to work to age 65 upon successful completion of a physical testing process after age 60. All those sworn personnel of the Fire and Police Depart- ments covered by this ordinance who are 55 years of age or older at the • • date of passage of this ordinance shall have a retirement age of 65 years of age. Age is here determined to be a bona fide occupational quali- fication reasonably necessary to the normal operation of the Fire and Police Departments. The Civil Service Commission, through its Rules, may provide for a policy for temporary extension of such retirement age based on program needs. 2-3-15: RECIPROCAL AGREEMENTS: The Department of Personnel is authorized and empowered, with the approval of the City Manager, to enter into reciprocal agreements, upon such terms as may be agreed upon, for the use of equipment, materials, facilities, and services with any public agency or body for purposes deemed of benefit to the Civil Service. 2-3-16: REVIEW UNDER ADMINISTRATIVE REVIEW: The provisions of the Administrative Review Act approved May 8, 1945, and all i amendments and modifications thereof, and the rules adopted pursuant thereto shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Civil Service Commission. 2-3-17: SEVERABILITY: If any provision, clause, sentence, paragraph, section or part of this ordinance shall, for any reason, be adjudged unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance. It is hereby declared to be the legislative intent of the City Council of the City of Evanston that this ordinance would have been adopted had such un- constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. SECTION 2: Section 1-9-8 of Title 1 of the Municipal Code of the City of Evanston, 1979, be and is hereby repealed. 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 0j,,e,4 1980. U Adopted J4&J&,,1- 1980. -9- I ATTEST: City Clerk Approved as to form: /Corporation Counsel E s Approved / , 1980 -10-