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Civil service commission.

Quorum.

Mayor may remove.

Offices to be classified.

Rules.

Rules to be printed.

ing the inhabitants of the city with water, and of any indebtedness that has been or may hereafter be incurred for the purpose of constructing sewers, for the collection and disposition of the sewage of the city, and of any indebtedness that has been or may hereafter be incurred for the purpose of constructing sewers for the collection and disposition of storm waters in the city. For any or all of these purposes a further indebtedness may be incurred by the issue of bonds under the provisions and subject only to the limitations of the Constitution and general laws.

That a new article be added to the charter, to be known as Article XXIII, to read as follows:

ARTICLE XXIII.

Section 229. Immediately upon the adoption of this article, the mayor shall appoint, subject to confirmation by the council, five persons known by him to be devoted to the principles of civil-service reform, who shall constitute and be known as the board of civil service commissioners. They shall serve for the term of four years and without compensation. They shall so classify themselves by lot that one of them shall go out of office at the end of one year; one at the end of two years; one at the end of three years, and two at the end of four years. Three commissioners shall constitute a quorum. All appointments to said commission, both original and to fill vacancies, shall be made by the mayor, subject to confirmation by the council, and shall be so made that not more than three members shall at the same time be members of the same political party. Said commissioners shall hold no other office or public employment.

Section 230. The mayor, with the consent of the council, may remove any commissioner for incompetency, neglect of duty, or malfeasance in office.

Section 231. Said commission shall classify all the offices and places of employment mentioned in section two hundred and thirty-nine of this article with reference to the examination herein provided for. The offices and places so classified by the commission shall constitute the classified civil service of said city; and no appointment to any such offices or places shall be made, except under and according to the rules hereinafter mentioned.

Section 232. Said commission shall make rules to carry out the purposes of this article and for the examinations and appointments in accordance with its provisions, and the commission may, from time to time, make changes in such rules.

Section 233. All rules made as herein before provided, and all changes therein, shall be printed for distribution by said commission. The commission shall give notice by publication in the official paper of the place or places where said rules may be obtained, and in such publication shall be specified the date, not less than thirty days subsequent to the date of such publication, when said rules shall go into operation.

tions to be

Section 234. All applicants for office, places, or employ- Examinaments in said classified civil service, shall be subject to exam- competiination, which shall be public, competitive, and free to all tive. citizens of the United States, with specified limitations as to residence, age, sex, health, habits, and moral character. Such examinations shall be practical in their character, and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed, and when appropriate shall include tests of physical qualifications, health, and manual skill. No question in any examination shall relate to political or religious opinions or affiliations. The commission shall control all examinations, and may, whenever an examination is to take place, obtain the assistance of a suitable person or number of persons to aid it in preparing for and conducting such examinations.

examina

Section 235. Notice of time, place, and general scope of Notice of every examination shall be given by the commission by publi- tion. cation, for two weeks preceding such examination, in the official paper, and such notice shall also be posted by said commission in a conspicuous place at the city hall, and in its office, two weeks before such examination. Such further notice of examination shall be given as it may prescribe.

grading.

Section 236. From the examinations made by the commis- Order of sion, the commission shall prepare a register in each grade or class of position in the classified civil service of the city, of the persons whose general average standing upon examination for such grade or class is not less than the minimum fixed by the rule of said commission, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in order of their relative excellence as determined by examination, without reference to priority of the date of examination.

Section 237. The commission shall by its rules provide for Rules for the promotion in such classified civil service on the basis of promotion. ascertained merit and seniority in service and examination, and shall provide in all cases where it is practicable that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank as desire to submit themselves to such examination; and it shall be the duty of the commission to submit to the appointing power the names of not more than three applicants for each promotion having the highest rating; but in fixing said rating a uniform allowance of credits, to be stated at the time of the announcement of said examination, shall be made for each year of past service. The method of examination and the rules governing the same, and the method of certifying, shall be the same as provided for applicants for original appointment.

dates, how selected.

Section 238. The head of the department in which a posi- Candition classified under this article is to be filled shall notify said commission of that fact, and said commission shall certify to such officer the name and address of one or more candidates,

Sex to
be disre-

garded.

Civil service

appointments.

Exemp tions.

not exceeding three, standing highest on the register for the class or grade to which said position belongs. In making such certification sex shall be disregarded, except when some statute, the rules of said commission, or the appointing power specify sex. Said appointing officer or department shall notify said commission of each position to be filled separately, and shall fill such place from the names certified to him or it by said commission therefor. One of the candidates thus certified shall thereupon be appointed by said head of such department or officer and be employed on probation for a period to be fixed by said rules, but said rules shall not fix such date at exceeding six months. Each candidate, unless he shall be sooner appointed, or otherwise lawfully cease to be a candidate, shall be certified for appointment in the grade or class for which he is eligible not less than three times, and no candidate shall lose his place on the register by certification or rejection, except that said commission may strike off names of candidates from the register after they have remained thereon more than two years. At or before the expiration of the period of probation, the head of a department or office in which the candidate is employed, may discharge him upon assigning in writing his reasons therefor to said commission. If he is not thus discharged during the period of probation, his appointment shall be deemed complete. To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department, or any officer or board may, under such regulations as the commission may by its rules prescribe, make temporary appointments in the classified civil service, to remain in force not exceeding sixty days, and only until regular appointment, under the provisions of this article, can be made.

Section 239. The provisions of this article shall apply to the following departments of the city, to wit:

The department of the city clerk,

The department of electricity,
The fire department,

The treasurer's department,

The tax collector's department,

The police department,

The auditor's department,

The assessor's department,

The health department,

The department of building,

The waterworks department,

The public library,

The park department,

The city engineer's department,

The street department,

All departments of public utilities,

All other employés of the city,

Provided, that the following shall be exempt therefrom, to wit:
All officers elected by the people,

All members of the different boards and commissions,

The mayor's clerk,

The chief of police and his secretary,

The chief deputy of the treasurer,

The chief deputy and cashier of the tax collector,

The chief deputy of the city engineer,

The chief deputy of the auditor,

The city superintendent of schools and his deputies and teachers,

The assistants and stenographers of the city attorney,
The city prosecutor and the assistant city prosecutor,
The librarian,

The superintendent of parks,

The secretary of the park commission,

The secretary of the police commission,
The superintendent of buildings,

The humane officer,

The chief engineer of fire department,

The superintendent, water overseer, auditor, and cashier of the waterworks department,

All physicians appointed on or by the board of health,
All officers of election,

The police surgeon,

And all unskilled laborers employed by the day.

force.

only for

Section 240. The members of the police force shall be subject Police to removal and discharge as provided elsewhere in this charter. Section 241. The members of the fire force shall be subject Fire force. to removal and discharge as provided elsewhere in this charter. Section 242. No officer or employé in the classified civil Removal service of this city other than one belonging to the police force cause. or fire force, who shall have been appointed under said rules, and after said examination, shall be removed or discharged except for cause upon written charges, and after an opportunity to be heard in his own defense. Such charges shall be publicly investigated by the civil service commission. The finding and decision of such commission shall be final and shall be certified to the appointing officer, and shall be forthwith enforced by such officer. Nothing in this article shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding thirty days. In the course of an investigation of charges each member of the commission shall have power to administer oaths, and shall have the power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation for any cause. Nothing in this section shall be construed to require such charges or investigation in case of unskilled laborers.

tion of

Section 243. Immediate notice in writing shall be given by Notificathe appointing powers, to said commission, of all appointments, appointpermanent or temporary, made in such classified civil service, ments. and of all transfers, promotions, resignations, or vacancies from any cause in such service and of the date thereof, and a record of the same shall be kept by said commission. When any office or place of employment is created or abolished, or the

Investigate conduct of

Annual report.

compensation attached thereto altered, the officer or board making such change shall immediately report in writing to said commission.

Section 244. The commission shall investigate the enforcement of this article and its rules, and the conduct and action appointees of the appointees in the classified civil service in this city. Section 245. Said commission shall make an annual report to the mayor for transmission to the council. The mayor may require a special report from said commission at any time. Section 246. Said commission shall appoint a secretary, whose duty it shall be to keep minutes of its proceedings and a record of all examinations held under its direction, and perform such other duties as the commission may prescribe.

Secretary.

Officers to aid commission.

Offices to

be furnished.

Obstruct

tion.

Section 247. All officers of said city shall aid the commission in all proper ways in carrying out the provisions of this article.

Section 248. The council shall furnish said commissioners with suitable offices and shall provide furniture, books, stationery, blanks, heat and light, and is authorized and required to pay such other expenses as may be necessarily incurred by said commissioners in carrying out the provisions of this article. Section 249. No officer or other person shall willfully or ing right of corruptly, by himself or in coöperation with one or more other persons, defeat, deceive, or obstruct any person in respect to his or her right of examination, or corruptly or falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined, of being employed, appointed, or promoted.

Applicant

for ap

Section 250. No applicant for appointment in said classinot to pay fied civil service, either directly or indirectly, shall pay or pointment. promise to pay any money or other valuable thing to any person whatever for or on account of his appointment, or proposed appointment, and no other officer or employé shall pay, or promise to pay, either directly or indirectly, any money or other valuable thing whatever, for or on account of his promotion.

Vacancies.

Auditor's duties.

Section 251. The commission shall certify to the auditor all appointments to offices or places in the classified civil service, or vacancies occurring therein, whether by dismissal, resignation, or death, and all findings that a person shall be discharged from the classified civil service.

Section 252. The auditor shall not, nor shall any auditing or accounting officer of the city, approve any demand for the salary or wages of any person subject to the provisions of this article, for services as an officer or employé of such city, before the appointment of such person to the classified civil service has been certified, nor after the commission shall have certified to the auditor a finding made or approved by it under the provisions of this article, that such person be discharged from the classified civil service.

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