Ordinance No. 2,296F;
ORDINANCE NO. 2296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AMENDMENT OF THE CIVIL SERVICE RULES
OF THE CITY OF HAYTOWN, T8XA8, BY THE CIVIL SERVICE
COMMISSION•, AMENDING C$APTER 8, "CITY CIVIL SERVICE FOR
FIREMEN AND POLICEMEN," OF THS CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCON-
SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, the Firemen's and Policemen's Civil Service
Commission of the City of Baytown, Texas, has recommended to
this Council that these new rules and regulations for the
• proper conduct of its business be adopted; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, approves the amendment of the Civil Service Rules for
the Firemen's and Policemen's Civil Service System by repeal
of the rules as they presently exist.
Section 2: Those certain rules entitled "Civil Service
t Rules ", dated August 9, 1977, prescribing rules, policies,
and procedures concerning classified employees of fire and
police departments of the City of Baytown, of which no less
than three (3) copies have been and are now on file in the
offices of the City Clerk and Civil Service Director of the
City of Baytown are hereby adopted. A copy of said rules is
attached hereto, marked Exhibit "A," and incorporated as
fully as if set forth at length herein.
Section 3: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 8,
"City Civil Service for Firemen and Policemen," by the
repeal of the provisions of Section 8 as they presently
' exist, and by substituting in its place a new Section 8,
which shall read as follows, to -wit:
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• Sec. 8 -8. Meetings.
The members of the commission shall hold regular quarterly
meetings as may be required in the proper discharge of their
duties.
Section 4: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 8,
"City Civil Service for Firemen and Policemen," by the
repeal of the provisions of Section 9, paragraph one, as it
presently exists, and by substituting in its place a new
paragraph one, which shall read as follows, to -wit:
Sec. 8 -9. Powers and duties.
(1) after public hearing, to approve such rules and
regulations for the proper conduct of its business as it
shall find necessary and expedient.
Section 5: Repealing Clause: All ordinances or parts
of ordinances inconsistent with the terms of this ordinance
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 ordinance.
Section 6: Savings Clause: 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 uncon-
stitutional, void or invalid, such invalidity 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.
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is Section 7: Effective Date: This ordinance shall take
effect from and after ten (10) days after its passage by the
City Council. The City Clerk is hereby directed to give
notice hereof by causing 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 its passage,
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this
a5day
of , 1977.
G Y, ay0r
ATTEST:
EILE P. er
APPROVED;
NE -T.
F 16, C ty ttorney
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RULE 1
Cam= of BUenwe
Section 1. Meetings
The Civil Service Commission snail hold re0dar quarterly wetia and
such special meetia as
n be necessary for the transaction of the
business of the Commissio
all meetings of the Commission. Director shall give proper notice of
S
Section 2. g^rnm
Two members of the Commission shay, constitute a quorum for the trans-
action of business.
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RULE 2
AMWCATIOHS AND PHYSICAL RBQUIIiH Ww
Section 1. Applications
Applications for initial employment and promotion shall be submitted as
prescribed by the Civil Service Director. Only applications officially
received in the prescribed manner shall be considered.
Section 2. Age Requirement
A. All applicants for the position of Patrol officer must have
reached their twenty -first birthday before receiving the oath
of office and must not have reached their thirty -sixth birthday
before receiving the oath of office.
B. All applicants for the position of Pirefighter =at have
reached their nineteenth birthday before receiving the oath
of office and must not have reached their thirty -sixth
birthday before receiving the oath of office.
• Section 3. Height and height Requirements
All applicants seeking an entry position in the Police Department or Fire,
Department shall not be less than 5'T" in height. The applicant's weight
must be proportionate to his or her height and in no instance shall be
greater than 20% of the standard for their height as indicated:
blUM M ACCEPTABLE WEIGHTS FOR CIVIL SERVICE EMPLOYEES
Z EH
HEIGHT FROM
Small Medium Large
5'T"
164
176
193
518"
169
182
199
519"
174
187
204
5110"
180
192
209
5.11"
185
198
215
610"
190
204
221
611"
194
210
227
6'2"
200
216
233
603"
205
222
239
614"
210
228
245
Eel,
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— IdHT FRADD;
Small Medium
517" 152 167 180
1" 162 i76 185
519"
" 7 1,90
5110" 168 181 196
5121" 173 186, 202
610" 178 1,91 208
Section 4. Disaualifvinrc Defects
Special consideration can be given with respect to a specific defect in
a particular job situation. The areas of consideration Which may be
deemed disqualifying because of health include, but are not limited to:
I. Any contagious disease.
2. Distance vision of less than 20/40 With correction.
Inability to distinguish basic colors of red, green,
and amber.
3. Demonstrable hearing loss.
4. Absence or malfunction of any body parts.
5. Any kidney or renal disorder.
6. Diabetes.
7. Alcoholism.
8. Drug Addiction.
9. Epilepsy.
10. Hernia.
11. Hypertension.
12. Symptomatic hemorrhoids or rectal disease.
13. Amy heart or lung disease.
14. Arteriosclerosis.
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MME 3
M(AWATrMS
Section 1. Conduct of Examinations
A. The actual conduct of every examination shall be under the
direction of the Director, or his designated examiners, free
from the presence, participation or influence of any person
other than the Director or experts employed by the Commission.
B. Examinations for a specific position trill be held in the same
room at the same time, and these examinations will follow the
Instruction or each specific test.
C. The identity of applicants in all competitive written examinstiens
for the purpose of establishing eligibility lists shall be con-
cealed. The Director shall make the necessary provisions in con-
nection with the conduct of such examinations for such concealment.
D. An applicant who in aey examination uses or attempts to use say
unfair or deceitful means to pass such examination shall be in-
formed by the examiner witnessing the act that the applicant's
actions trill be reported to the Commission with a recommendation
that the applicant be excluded from further consideration. The
examiner ahall later malts the report to the Commission for its
determination.
Section 2. Passing Score on Entrance Examinations end Police Promotional
Examinations
A. The Commission shell place the passing grade at any figure or
percentage deemed equitable in each test but, unless a definite
figure is set before the exam is given, the passing grade shall
be seventy, based upon a total weight of one hundred for the
entire examination.
Section 3. Veteran's Preference on Entrance Examinations
An applicant who has served in the armed services of the United States and
who received an honorable discharge shall receive five (5) percentage points
In addition to his competitive grade, provided such competitive grade is
equal to or above the passing grade.
Section 4. Postponement or Cancellation of Examination
i A. Awl examination may be postponed to a later date because of the
small number of applicants for any position, or because of any
other good and sufficient reason.
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• RULE 4.
FFFMIENCY REPORTS
IF Section 1. Evaluation Factors
The following factors will be the areas of consideration which comprise
the semi - annual efficiency report for police and fire personnel:
1. Quality of work
2. Quantity of work
3. Judgment and common sense
b. initiative and self - reliance
5. Ability to learn new duties
6. Knowledge
T. Attitude and loyalty
.. • 8. Dependabdlity
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9• Personality
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10. Maintenance and care of departmental equipment
11. Personal appearance
12. Supervisory ability or leadership
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RULE 5
SUSPENSION
AEW of the following acts my Constitute grounds for removal.-
1. Conviction of a felony or other crime involving moral turpitude;
2. Violation of the provisions of the Charter of said City;
3. Acts of incompetency;
4. Neglect of duty-,
5. Discourtesy b5('sedd employee to the public or to follow employees
while said employee Is in the Line of duty;
6. Acts of said employees showing a lack of good moral character;
7. Drinking Of intoxicants while on duty, or intoxication while
off duty;
8. Conduct which is prejudicial to good order;
Refusal or neglect to pay just debts,
10. Absence without leave;
11. Shirking duty, or cowardice at fires-,
12. Violation of azW of the rules and regulations of the Fire
Department or Police Department or of special orders, or
City of Baytown Personnel Rules, as applicable.
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RF7 MW AND REPMTS
Section 1. Records
All proceedings of the Commission, the classification and compensation
Plans, and the roster of employees in the classified service and all
eligible to appointment to such service sbaU be public records, and
subject to reasonable regulation, be open to public inspection. Appli-
cations, examinations, recommendations from former employees, and the
names and identity of special examiners who may be temporarily employed
IV the City and whose usefulness xould be impaired if their identity
were disclosed, are bald confidential.
Section 2. Destruction of Records
Roster cards, minutes of meetings, and records of receipt and disbursements
of Director and Commission funds shall be kept permanently. Records per-
tinent to any examination; ineluding correspondence, applications, and
examination papers may be destroyed after the expiration of the eligible
list or lists based upon the examination. All other non permanent records
pertaining to personnel may be destroyed after five (5) years.
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RM 7
FROCFD'M OF CONMBS2C1 REVIEW
• Section 1.
Pleadings
A.
All g
Pleadings and briefs shall be clear and legible, and shell be
delivered to the Civil Service Director.
B. An pleadings shell contain:
1. the name of the party;
2* the phone number and address of the party and his authorized
representative, if any;
3. signature in ink.
C• a case of discip1 inary suspensions, the suspended employes has
period of ten (10) days in which to file an appeal with the
Commission.
Section 2. Hotice of Hearings
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A. In cases of disciplinary s
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'Where the epartment Head is a correcctone,oOr where the pleasdings do the
May rt issue Of Just cause to be investigated, the Commission
� refuse the application for hearing.
B. In all other cases and where otherwise required, notice of the time
place, and nature of the hearing shall be given to all '
and posted in compliance vith the open meeti ngs law. parties
Secticn 3. rings
A. Appearances are to be entered on the record by all parties, their
attorneys or representatives and any persons vho may testily during
under cathding. All persona vho may testify Will then be placed
8. At the request of either party, the Witnesses may be removed from
the hearing room to some place 'whereIthey cannot hear the testa-
• mony as delivered by azW other Witness in the hearing. This is
termed placing the witness under the rule. No party to the action
shall be placed under the rule. Witnesses, when placed under the
rule, shall be instructed not to converse with each other or vith
any other person about the action other than the attorneys in the
action.
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C. All parties may make opening statements. Following opening state -
t. . ments, if any, by all parties, the department head shall be allowed
to proceed with his direct case.
D. Following presentation of the direct case of the department head,
the opposing party shall be allowed to proceed with his direct
case.
E• After each witness, opportunity for cross examination shall be
afforded all parties of record. After all parties have presented
their direct case, the parties may then be• allowed to present
rebuttal testimony on each side.
F. After all parties have rested, closing statements will be allowed.
The Department Head shall be entitled to open and close.
Seca tion 4. Reporters and Tranecrints
In all proceedings an official reporter may make and prepare a transcript
or stenograpbic record of the hearing.
• Section 5. Rules of Evidence
Irrelevant, immaterial, or unduly repititious evidence ray be excluded,
The rules of privilege recognized by law may be effective. No evidence
will be admissible in a proceeding if it is beyond the scope of the nce
meat of action.
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Section 6. Subpoenas
Following written request by a party, or on its own motion, the Commission
msy issue subpoenas addressed to the sheriff or constable or warrant officer
or Chief of Police to require the attendance of witnesses and the production
of books, records, papers, or other objects as may be necessary and proper
for the purposes of the proceeding. Subpoenas shall be issued only after a
showing of good cause and deposit
expenses incident to the subpoenas of soma sufficient to insure payment of
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AHWMWT
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Amendments to the rules herein adopted for the establishment, adminis-
trations and maintenance of the merit system in the Fire and Police
Departments may be made from time to time by the Commission
that the proposed amendments) or ohan ' Vr vi ded
recorded in the ervIc in the rules shall be
minutes a the civil Service Commission's meetings.
Any and all amendments shall receive tvo readings not leas than thirty
days (30) apart prior to approval,