Ordinance No. 154ORDINANCE NO. 151
AN ORDINANCE CREATING A CIVIL SERVICE SYSTEM FOR FIREMEN AND �
POLICEMEN IN THE CITY OF BAYTOWN, TEXAS; DEFINING TERMS;
ESTABLISHING A FIREMEN'S AND POLICEMEPI'S CIVIL SERVICE C0MMISSION
AND PROVIDING FOR ITS POWERS AND DUTIES; ESTABLISHING A DIRECTOR
OF FIREMEN'S AND POLICEMEN'S CIVIL SERVICE AND PROVIDING FOR
HIS POWERS.AND DUTIES; PROVIDING FOR THE STATUS OF PRESENT
EMPLOYEES; PROVIDING FOR OFFICE SPACE FOR THE CONDUCT OF THE
BUSINESS OF THE COMMISSION; PROVIDING FOR THE FILING OF CIVIL
SUITS; PROVIDING FOR THE PUBLISHING OF THE RULES AND REGULATIONS
OF THE COMMISSION; PROHIBITING CERTAIN POLITICAL ACTIVITIES
OF EMPLOYEES IN THE CLASSIFIED SERVICE; PROHIBITING STRIKING
BY EMPLOYEES IN THE CLASSIFIED SERVICE; PROVIDING FOR PENALTIES
FOR FAILURE OR REFUSAL OF ANY CITY OFFICIAL TO CARRY OUT THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE;
AND PROVIDING FOR THE REPEAT, AND AMENDMENT OF THIS ORDINANCE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
W-HKREAS, a majority of the qualified voters of the City of Baytown, on the lst day
of April, 1952, adopted Chapter 325, Acts of the 50th Legislature -of the State of Texas,
•Regular Session, 1947,.NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
ARTICLE I. DEFINITIONS
SECTION 1: "Chief Executive" means the officer of the city having the final
authority to make the appointments to the position to be filled, being the City Manager.
SECTION 2: "Civil Service Law" means Chapter 325, Acts of Texas Legislature,
Regular Session, 1947.
SECTION 3: "Classified Service" means the members of the Fire Department and the
Police Department as defined under "Fireman" and "Policeman" below; PROVIDED, that the chief
or head of the Fire Department and the chief or head of the Police Department'shall not be
included in the classified service.
SECTION 4: "Commission" means the Firemen's and Policemen's Civil Service Commission
of the City.
SECTION 5: "Department Head" means the chief or head of the Fire Department and/or
the chief or head of the Police Department.
SECTION 6: "Director" means the Director of Firemen's and Policemen's Civil Service
designated by the Firemen's and Policemen's Civil Service Commission to act in the capacity,
of Secretary to the Commission and Director of Civil Service.
SECTION 7: "Fireman" means any one who draws compensation for his services as a
member of the Fire Department, except the Fire Chief.
SECTION 8: "Policeman" means any one who draws compensation for his services as a
ember of the Police Department, except the Police Chief,,
SECTION 9: "Public hearing" means an opportunity given after public notice of at
least five (5) days for any citizen or party interested to appeal and be heard at reasonable
length on the matter involved.
ARTICLE II. CREATING CF
FIREMEN'S AND POLICEMEN'S CIVIL_ SERVICE C0161ISSION
SECTION 10: Creation. In accordance with Chapter 325, Acts of the Texas Legislature,
®Regular Session, 1947, which was adopted by the qualified voters of this city, there is
hereby established a Civil Service system for firemen and policemen; and pursuant thereto,
there is hereby established a Firemen's and Policemen's Civil Service Commission which shall
consist of three members sympathetic to the principles of the merit system.
SECTION 11: Appointment and Vacancies. Members of the Commission shall be appointed
by the City Manager of the city, and such appointments shall be confirmed by the City
Council before such appointment shall be effective. Any vacancies in said Commission, caused
by death, resignation, or otherwise, or by failure of any appointee to qualify within ten
(10) days after appointment, shall be filled in the manner hereinabove specified, and such
appointment shall be for the unexpired term of the retiring Commissioner or the appointee
• failing to qualify.
SECTION 12: Qualifications. All such Commissioners shall be of good moral character,
resident citizens of the city, shall have resided in the city for a period of more than
three (3) years, shall each be over the age of twenty—five (25) years, and shall not have
held any public office within the preceding three (3) years.
SECTION 13: Terms. Of the first three (3) Commissioners so selected to comprise
the Commission, one (1) shall be appointed for a term of one (1) year, one (1) shall be
appointed for a term of two (2) years, and one (1) shall be appointed for a term of three
(3) years. Thereafter the term of office of each Commissioner shall be for Three (3) years,
or until a successor is appointed, confirmed, and qualified.
SECTION 14: Removal. Any member of the Commission may be removed by a majority vote
of the City Council of the City of Baytown for any act contrary to the best interest of the
service or failure to act in a manner to promote the best interest of the service, having
first given to such member a copy of the charges against him. The member so charged shall
have the right of a public hearing and the right of appeal;to the District Court as allowed
employees of the classified service under the Civil Service Law.
SECTION 15: Compensation. Members of the Commission shall serve without compensation.
ARTICLE III. POWERS AND DUTIES CF
THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION
SECTION 16: The members of the Firemen's and Policemen's Civil Service Commission
shall, at a date, hour and place set by the Commission, hold regular meetings at least once
each month and may hold additional meetings as may be required in the proper discharge of
their duties. Two (2� members of said Commission shall constitute a quorum to transact
business. It shall be the duty of the Firemen's and Policemen's Civil Service Commission
as a body to do the following:
—2—
1. After public hearing, to approve such rules and regulations for the proper conduct
of its business as it shall find necessary and expedient. No rules or regulation or arty
emendment'or repeal thereof shall be effective until approved by the City Council.
2. After public hearing to adopt, modify or reject such classification and compen-
sation plans for firemen and policemen, together with rules for their administration, as
may be recommended by the Director after a thorough survey of the personnel and depart-
mental organization of the Fire Department and Police Department. No such plans or any
Amendments thereof shall be effective until adopted by ordinance of the City Council,
3. To formulate minimum standards and qualifications for each class of position in
the classified'service.
4. To make provisions for open, competitive, and free examinations for persons making
proper application and meeting the requirements as prescribed in the Civil Service Iaw,
® this ordinance, and the rules and regulations of the Commission.
5. To authorize temporary appointments to the classified service in the event no
eligible list has been prepared for the position and to limit such temporary appointments
to a maximum period of three continuous months.
6. To make rules and regulations governing promotions, alloying credit for efficiency
and credit for seniority, and providing for promotional examinations.
7. To require compliance by department heads with the provisions of the Civil Service
Jaw governing suspensions, both disciplinary and indefinite.
8; To investigate disciplinary suspensions and to see whether there is just cause
for such suspension.
9. To render a decision, within ten (10) days from date of any indefinite suspension,
• as to status of suspended employee.
10. To make rules and regulations providing for a system of service or efficiency
ratings for all employees in the classified service, which ratings shall be used for
purposes of promotion, demotion, lay-off, and reinstatement.
11. To make rules and regulations regarding leaves of absence, regular and sick,
with and without pay. Such rules shall conform to state laws and city ordinances on such
subject.
12. To make investigations either on petition of a citizen or of its own motion
concerning the enforcement and effect of this ordinance and to require observance of its
provisions and the rules and regulations made thereunder. In such investigations,.the
40 Commission shall have the power to subpoena witnesses and papers relevant to such
investigation.
13. To hear and determine appeal or complaints respecting the administrative work of
the Director; the rejection of an appli¢3aiit for admission to an examination; and such other
matters. as may be referred to the Commission by the Director.
14. To make such investigations as may be requested by the City Manager and/or the
City Council of the City and to report thereon.
15. To contract or arrange, within its budget allowance, for such technical services
in connection with personnel selection and administration as may be necessary, including
the preparation and conduct of examinations.
16. No rule or regulations shall ever be adopted by the Commission which will permit
the appointment or employment of any person without good moral character; or any person
unfit mentally or physically or any person incompetent to discharge the duties of such
appointment or employment.
ARTICLE IV, D=TOR
FIREMEN'S AMID POLICEMEN'S CIVIL SERVICE
• SECTION 17: There is hereby established the office of Director of Firemen's and
Policemen's Civil Service, which shall be filled by appointment by the Commission of some
person meeting the same requirements as hereinabove provided for members of the Commission.
Said Director may be either a member of the Commission, another employee of the city or some
other person. The City Council of the city shall determine what salary, if any, shall be
paid to such Director. Said Director shall at all times, be subject to removal by the
Commission for cause upon written charges after a public hearing by the Commission.
ARTICLE V. POWERS AND DUTIES OF
THE DIRECTOR OF FAN'S AND POLICEMEN'S CIVIL SERVICE
SECTION 1$. It shall be the duty of the Director of Firemen's and Policements
40 Civil Service:
1. To attend the regular and special meetings of the Commission, to act as its
secretary and to record -its official action.
2. To prepare and recommend rules and regulations for the administration of this
ordinance, which shall become effective after approval by the Civil Service Commission
and the City Council of the city as provided in this ordinance; to administer such rules
and regulations; to propose amendments thereto.
3. 'To establish and maintain in card or other suitable form a roster of officers and
employees in the classified service of the city. Such roster shall include items specified
by the Commission in its rules and regulations.
4. To recommend, as soon as practicable after this ordinance takes effect, with such
40 outside a.ssistance.as may be authorized, a classification plan, which when adopted by the
City Council of the city in ordinance form, shall become the official classification plan
for the city.
—4—
5, To make a study of the rates of compensation being paid for each class of
position in the classified service and prepare a compensation plan for submission to the
iCommission when called upon. No such plan shall be effective until it is approved by the
City Council of the city.
6.' To formulate and hold competitive examinations to determine the relative quali—
fications of persons who seek employment as a result thereof establish eligibility lists
for the various classes of positions.
7. When a vacant position is to be filled, to certify to the City Manager on written
request from the Fire or Police Chief, as the case may be, the name of the three persons
highest on the reinstatement list or eligibility list for the class.
8. To submit to the City Council of the city recommendations as to uniform standards
in respect to attendance and leave regulations, employee training and welfare, duties and
IS salary classification, and other personnel matters.
9. To establish records of performance and a system of service ratings to be used in
C7
determining increases and decreases in salaries, promotions, the order of layoffs, and re—
instatements.
10. To keep such records as may be necessary for the proper administration of this
ordinance and the rules and regulations.
11. To make investigations concerning the administration and effect of this ordinance
qnd the rules made thereunder and report his findings and recommendations to the Commission.
12. To make an annual report to,the Commission.
13. To perform such other work relevant to the Civil Service system as may be required
by the Commission.
ARTICLE VI. STATUS OF PRESENT EMPLOYEES
SECTION 19. Any person holding a position in the classified service at the time of
the final passage of this Act, who shall have served in the service of the city continuously
for at least six (6) months, shall enjoy Civil Service status without competitive examinations
but shall thereafter be subject in all other respects to the provisions of this ordinance
and the rules and regulations of the eommission. Any other person in the classified
service shall be regarded as holding their positions under temporary appointments.
ARTICLE VII. OFFICE SPACE
SECTION 20., The City Council of the city shall provide, adequate and suitable office
40 space for the conduce of the business of the Commission.
ARTICLE VIII. CIVIL SUITS
SECTION 21: It shall be the duty of the Commission to begin and conduct all
civil suits which may be necessary for the proper enforcemdnt of this ordinance and of the
-5-
rules of the Commission and to defend all civil suits which may be brought against
the Commission. The Commission shall be represented in such suit by the City Attorney of
• the city, but said Commission may in any case, with the approval of the City Council, be
•
represented by special counsel appointed by the Commission.
ARTICLE IX, PUBLISH RULES
SECTION 22: The Commission shall cause to be published, in printed, mimeographed or
similar form, all rules and regulations which may be promulgated by it, and shall so
publish classifications and seniority lists for such Department in the classified service,
and such rules and regulations shall be made available upon demand.
ARTICLE X. POLITICAL ACTIVITIES
SECTION 23. Prohibition. Employees in the classified service shall not be permitted
to take an active part in any political campaign of another for an elective position of
the city. The term "active part" includes making political speeches, passing out cards or
other political Literature, writing letters, signing petitions, actively and openly
soliciting votes and making public drogatory remarks about candidates for such elective
positions,
SECTION 24. Penalties. In addition to such fine or imprisonment provided under
Section 27, Civil Service Law, any willful violation of this prohibition shall be sufficient
grounds to authorize the discharge of any Va employee in the classified service.
ARTICLE XI. STRIKING
SECTION 25. General Provision. It shall be unlawful from and after the passage of
this ordinance for any employee in the classified service of the city to engage in any
strike against the City of Baytown.
SECTION 26, Discharge. In addition to such fine and/or imprisonment provided under
Section 2 7, Civil Service Late, any employee who has been convicted of the violation of the
provisions of that Section shall thereby be automatically released and discharged from such
classified service and shall thereafter be ineligible to receive any pay or compensation
out of any public funds provided for the support of such classified service.
ARTICLE XII. PENALTIES
SECTION 27: If any official of this city willfully fails or refuses to put this
ordinance into operation, or willfully attempts to obstruct the operation and enforcement
of this ordinance, he shall be guilty of a misdemeanor and shall be fined;not less than
One Hundred ($100) Dollars nor more than Two Hundred ($200) Dollars for each offense.
SECTION 28, Against Employees. Any employee of the classified service who shall
violate any of the provisions of this ordinance or the Civil Service Law, shall be subject
to the penalty provided in Section 27 of the Civil Service Law.
ARTICLE XIII. SAVINGS CLAUSE
SECTION 29. If any provision, exception, section, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person..or set of
® circumstances shall for any reason be held unconstitutional, void orIinvalid, such in-
validity shall not affect the validity of the rEmaining provisions of this ordinance or
their application to other persons or sets -of circumstances and to this end, all provisions
of this ordinance are declared to be severable.
ARTICLE XIV. REPEAT. & AMENDMENT
SECTION 30. After the provisions of this Act have been in effect for a period of two
(2) years, the City Council of Baytown may call an election of the -qualified voters to
determine if they desire the repeal of such provisions. Should a majority of the qualified
voters so vote to repeal the provisions of this Act, then the provisions shall become null
and void as to such City; provided, that this ordinance may be amended by the City Council
. of the city at any time it is deemed advisable to make changes to effectuate this Civil
Service system.
SECTION 31. Repealing Clause. All ordinances or partsof ordinances in conflict with
the provisions of this ordinance shall be and the same are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency, and in all
other respects this ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinances
SECTION 32. Effective Date. This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to give
notice hereof by.c ausing the caption of this ordinance to .be published in the official
newspaper of the City of Baytown at least twice within ten (10) days after the passage of
40 this ordinance.
INTRODUCED,, READ and PASSED by the affirmative vote of a majority of the City Council
of the City of Baytowl on this 28th day of August, 1952.
ATTEST:
Edna 0 'ver, CM Clerk
-7-
Ward, M or/
•
DAILY SUN
BAYTOWN,* TEXAS
DEAR SIRS: SUBJECT: Publication of Ordinance No
Passed August 28, 19 52
Please publish caption of above ordinance two times within 10
days from August 2$ 19 52
This caption reads as follows:
"Ordinance No 154
• - s•1' 1� r ► ! y��� ►!_ '? y4D1u OIX114KO 1;1 DILI*!► :I hI• #I u! 1-.q
"-nIWq 1 ! UN 0-%TFUD X4 10: '4: i Id L/R/� uiC+.►' : 11i
=AlRTI=G A DIMCTOR OF PIREMIS41 ' /! Ih.M" 0177T. MZ11 :141PROVIDING
•,• :M .OMPOMS AND DUTIM PROMING FCR TM,
MUS ll ' • " ==S; PROVIDING
FOR OMCE SPAM M •'• :E =MCT OF THE HUSMSS OF ill, i; lye •:$ . IM IDING
FM J FILINGor cryn sms; FTWIDIM PCH ii•1' RMIMMG OF yil RTM MD '1 1 i i
• ' TM # / •; . PROHIBITIM •E1' 1'. POLITIM ACTIVITIESOF M1'Iu!' ' IN THE
#l -:ti /'= =V=; #t PROMITEG MIXING ; • DOMMS •! - 1 •! !" Inti# yE. r M'
FjNOMING FOR PEMMS FCR FAILM OR EMMSAL OF : ►' ' CITy OFFICIAL7L!CAM NG
:1' PROVISIONS •I "il'! ` #' # 1NAUCE,; PROVIDING F•.' A SAVINGS CLA1 '? 1 " : OVIDING FOR
II:1' • �• ' : P # _ 1� 11 ! �}3 :RIffev1 IP : M' ' '1.7347 'AIL 1
PROVIDING FCR THE PUELICATICH AND EMCTM DATE M=017.
• Please send publisher's affidavit to this office promptly after
publication, along with statement of your charges.
Yours truly,
GITY,�E BAYTOWN
cc: ByCod
City Attorney