2017-04-19 Civil Service Rules and Regulations
RR
ULES AND EGULATIONS
OF THE
CSC
IVIL ERVICE OMMISSION
CB,N
ITY OF LAIR EBRASKA
Revised on the on the 19th day of April 2017
Civil Service Rules and Regulations
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS………………………………………………………………… 2
ARTICLE II. ORGANIZATION AND JURISDICTION OF COMMISSION…………… 4
ARTICLE III. CITY ADMINISTRATOR ………...………………………………………… 6
ARTICLE IV. APPOINTMENTS TO ENTRY LEVEL POSITIONS ……………………. 7
ARTICLE V. PROMOTIONS ………………………………………………………………. 14
ARTICLE VI. DISCIPLINARY ACTIONS ………………………………………………… 17
ARTICLE VII. ADDITIONAL POWERS AND DUTIES OF COMMISSION ………….... 23
ARTICLE VIII. MISCELLANEOUS …….…………………………………………….……. 25
APPENDIX A. BACKGROUND INVESTIGATIONS …………………………………..….. 26
APPENDIX B. NON-ENTRY LEVEL PROMOTION PROCEDURES MANUAL………. 28
APPENDIX C. SAMPLE SUBPOENA ……………………………………………………….. 34
Civil Service Rules and Regulations
ARTICLE I. DEFINITIONS
Section 1.1 Appointment.
"Appointment" shall mean all means of selecting, appointing, or employing
any person to hold any position or employment subject to civil service.
Section 1.2 City.
"City" shall mean the City of Blair, Washington County, Nebraska.
Section 1.3 City Administrator.
"City Administrator" shall mean the City Administrator for Blair,
Washington County, Nebraska.
Section 1.4 City Council.
"City Council" shall mean the City Council of the City of Blair, Washington
County, Nebraska.
Section 1.5 Civil Service Act.
"Civil Service Act" shall mean Neb. Rev. Stat. §19-1825 et seq. as
amended from time to time.
Section 1.6 Code.
"Code" shall mean the Municipal Code of Blair, Nebraska.
Section 1.7 Commission.
"Commission" shall mean the three (3) member Civil Service Commission
created by Ordinance and enacted by the Blair City Council.
Section 1.8 Commissioner.
"Commissioner" shall mean any one (1) of the three (3) members appointed
to the Civil Service Commission pursuant to Blair Municipal Code §2-1101.
Section 1.9 Covered Positions.
"Covered positions" shall mean all certified full-time police officers of
the City, including any paid full-time police chief, and future appointees to such full-time positions.
Section 1.10 Demotion.
"Demotion" shall mean changing from one position to another, accompanied by a
decrease in the current rate of pay.
Section 1.11 Disciplinary Action.
"Disciplinary action" shall mean any action in which a person
employed in a covered position is removed, discharged, suspended with or without pay, demoted,
reduced in rank, or deprived of vacation, benefits, compensation or other privileges when any of the
foregoing are imposed or sought to be imposed as a sanction for misconduct or inadequate job
performance.
Section 1.12 Full-time Police Officers.
"Full-time police officers" shall mean police officers, employed or
seeking full-time employment by the City under the provisions of the Civil Service Act, in positions
which require certification by the Nebraska Law Enforcement Training Center, who have the
power of arrest, who are paid regularly by the City, and for whom law enforcement is a full-time
career, and the Police Chief, but shall not include clerical, custodial, or maintenance personnel.
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Section 1.13 Good Faith for Cause.
"Good faith for cause" shall mean that the action was not arbitrary
or capricious and was not made for political or religious reasons.
Section 1.14 Mayor.
"Mayor" shall mean the Mayor of the City of Blair, Washington County, Nebraska,
or the person acting as such at the time action is taken.
Section 1.15 Police Chief.
"Police Chief" shall mean the paid full-time Chief of the Blair Police
Department, or the person acting as such at the time action is taken.
Section 1.16 Position.
"Position" shall mean an individual job which is designated by an official title
indicative of the nature of the work.
Section 1.17 Promotion.
"Promotion" shall mean the changing from one position to another,
accompanied by an increase in the current rate of pay.
Section 1.18 Promotional Position.
"Promotional position" shall mean a position providing a potential
for permanent increase in the rate of pay available to a full-time police officer.
Section 1.19 Rules and Regulations.
"Rules and Regulations" shall mean the Rules and Regulations
adopted by the Commission, including any amendments thereto.
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ARTICLE II. ORGANIZATION AND JURISDICTION OF COMMISSION
Section 2.1 Members of the Commission.
The Commission shall consist of three (3) members appointed
by the Mayor with the approval of the City Council pursuant to Blair Municipal Code §2-1101.
The members shall serve without compensation.
Section 2.2 Terms of Office.
The term of office of each Commissioner shall be five (5) years.
Section 2.3 Removal of Commissioners.
Commissioners may be removed from office for the reasons and
in the manner specified by Code and the Civil Service Rules and Regulations as adopted.
Section 2.4 Quorum.
Two (2) members of the three (3) member Commission shall constitute a quorum
for the transaction of business.
Section 2.5 Chairperson and Vice-Chairperson.
The Commission shall elect a Chairperson and
st
Vice-Chairperson at its first (1) meeting in each calendar year. The Commissioners so elected
shall serve in such capacities until a successor is elected, the Commissioner resigns from the
Commission, or the Commissioner is removed from office. If a vacancy in the office of
Chairperson or Vice-Chairperson exists, a successor shall be elected at the next meeting of the
Commission. The successor shall fill only the unexpired term of the vacant office and the
st
Commission shall once again elect a Chairperson and Vice-Chairperson at its first (1) meeting of
the following calendar year.
Section 2.6 Meetings.
The Commission shall hold meetings as may be required for the proper discharge
of its duties. All meetings shall be conducted in accordance with the most current available edition
of the Robert's Rules of Order.
Section 2.7 Secretary and Chief Examiner.
A. Merger and Appointment.
The positions of Secretary and Chief Examiner are hereby
merged. The Commission shall appoint one (1) person to perform the duties of such merged
position. Until such time as the Commission may by resolution appoint another person as
Secretary and Chief Examiner of the Commission, the City Clerk is hereby appointed
Secretary and Chief Examiner (“Secretary”) of the Commission.
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B. Duties.
The Secretary shall have the following responsibilities:
(1) Keeping the records and files of the Commission and preserving all reports made to the
Commission.
(2) Administering and superintending examinations, keeping records of all examinations
held, and reporting the results of all examinations to the Commission.
(3) Notifying all members of the Commission of the date, time and place of all examinations
so that members may attend.
(4) Notifying all members of the Commission, the public, and involved parties (if any) of the
time and place of Commission meetings, and keeping and preserving minutes of such
meetings.
(5) Performing such other duties as the Commission may prescribe.
C. Authority to Deputize.
The Secretary may utilize City employees to administer
examinations or portions thereof or to assist therein.
D. Suspension or Discharge.
The Secretary shall be subject to suspension or discharge from
his or her duties as Secretary upon a vote of a majority of the members of the Commission.
Section 2.8 Jurisdiction of Commission.
The Commission's jurisdiction shall be limited to matters
involving individuals employed in covered positions and the filling of vacancies in covered
positions. These Rules and Regulations shall have no application in any other situation.
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ARTICLE III. CITY ADMINISTRATOR
Section 3.1 Powers and Responsibilities.
The City Administrator shall have the following powers and
responsibilities with respect to civil service:
A. Minimum Qualifications.
The City Administrator shall establish in writing the minimum
qualifications for all covered positions and shall provide the Secretary/Chief Examiner with
a copy thereof.
B. Military Credit.
The City Administrator shall designate in writing the entry level positions
qualifying for the military credit allowed to certain applicants pursuant to these Rules and
Regulations.
C.Certified Law Enforcement Credit.
The City Administrator shall designate in writing the
entry level positions qualifying for the certified law enforcement credit allowed to certain
applicants pursuant to these Rules and Regulations.
D. Eligibility Lists.
The City Administrator may requisition eligibility lists from the
Commission.
E. Competitive Examinations.
The City Administrator shall have the authority to establish the
time and date of competitive examinations.
F. Leave of Absence.
A leave of absence with or without pay may be granted by the City
Administrator to any person employed in a covered position. The City Administrator shall
give notice of such leave to the Commission. All appointments for temporary employment
resulting from such leaves of absence shall be made from the eligible list, if any, of the Civil
Service. No employee shall have an absolute right to a leave of absence unless drafted into
military service or otherwise required by law.
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ARTICLE IV. APPOINTMENTS TO ENTRY LEVEL POSITIONS
Section 4.1 Basis for Appointments.
All appointments to covered positions shall be made solely on the basis of merit, efficiency and
fitness, which shall be ascertained by open competitive examination and impartial investigation by
the Commission.
Section 4.2 Required Qualifications.
In order to be eligible for competitive examinations, an applicant for any covered position must
meet the following qualifications:
A.
Must be able to read and write the English language; and
B.
Must meet the minimum job qualifications of the position as established by the City
Administrator; and
C.
Must meet the minimum job qualifications of the position as established by the Nebraska
Law Enforcement Training Center standards for minimum job qualifications; and
D.
Must be of good moral character. An applicant shall be required to disclose his or her past
employment history and his or her criminal conviction record, if any.
Section 4.3 Procedure for Vacant Entry Level Positions When Eligible List is Available
.
Requisition for Eligibility List.
The City Administrator shall request the Commission to provide the names and addresses of
persons eligible for appointment to a covered position whenever the covered position becomes
vacant or at such other time as the City Administrator deems necessary. Upon written
requisition by the City Administrator for a list of eligible applicants for the position of entry
level patrolman, the Secretary shall request a list of all candidates whom have satisfactorily
completed all Civil Service testing and have been placed on an eligibility list.
Section 4.4 Procedure for Establishment of Eligibility List
A. Notice of Taking Applications.
If no eligibility list exists when the City Administrator
requests the names of persons eligible for appointment to a position, then the Commission shall
direct the Secretary to commence the testing process by obtaining the names of eligible
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candidates from the recruitment and testing agency as has been previously approved by the
Commission.
B.
The Secretary shall forward an application and notice of eligibility to apply to the top
fifty (50) candidates, plus any candidate from Washington County, who has obtained
a minimum of seventy percent (70%) on the written exam and successfully
completed the physical fitness element of the testing by a testing agency approved by
the Commission, giving them a date and time that the application must be returned,
along with the tentative dates for interviews should they be selected for further
consideration for the position of patrolman. The date and time for completion and
filing of application shall not be less than ten (10) calendar days from the postmark
date on the notice of eligibility to apply.
Taking of Applications.
All persons desiring to apply for employment in a
C.
covered position shall complete an employment application. Such employment
application shall be in a form approved by a majority of the Commissioners and shall
be made available to applicants by the Secretary. Such employment application shall
require applicants to provide information deemed necessary for a prima facie
determination of whether the applicant meets the required qualifications imposed by
Blair Municipal Code and these Rules and Regulations. Such information shall
include, but not be limited to, past employment history and data regarding the appli-
cant's criminal conviction record, if any.
D.
After all applications have been received, the City Administrator, Chief of Police,
and Secretary shall meet and review all applications for completeness and prepare a
list of up to the top thirty (30) candidates, plus ties, that will be eligible for further
consideration and appointment to the position of patrolman. The list of up to the top
thirty (30) shall be determined by adding the written test score, a bonus of ten
percent (10%) for eligible military credit for entry-level positions a bonus of five
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percent (5%) for existing valid Nebraska law enforcement certification as approved
by the Nebraska Law Enforcement Training Center for the position of patrolman or
those applicants who meet the eligibility for reciprocity standards as established by
the Nebraska Law Enforcement Training Center, and a bonus of five percent (5%)
for an Associate’s Degree or higher or an accumulation of at least sixty (60) credit
hours towards a degree in criminal justice. This list shall be considered valid for six
(6) months from establishment.
E.
Once the list of up to the top thirty (30) candidates plus ties has been completed, the
Secretary shall schedule interviews for those eligible candidates before a Peer
Interview Committee, which shall consist of the City Administrator or his/her
designee, the Chief of Police and two (2) certified department officers selected by
the Chief of Police. The Secretary shall participate in the interview and shall pose
identical questions to all candidates. The committee shall rank all candidates by
utilizing the scoring system as established by the Commission.
F.
Upon completion of interviews by the Peer Committee the Secretary shall notify the
top ten (10) candidates, plus ties, of the date and time for their interview before the
Civil Service Commission. The Secretary shall then forward the list of candidates for
interview to the Commission based on utilization of the scoring system as established
by the Commission.
G.
The Civil Service Commission shall direct the Chief of Police to perform background
checks on the candidates eligible to be interviewed prior to the date established by
the Commission for interviews of the applicants. Background investigations may
include inquiry into criminal history information, credit history, driving records,
State Child Abuse Registry, Sex Offender Registry, work histories, truthfulness and
completeness in completing the position application, and other areas which reflect
(or may reflect) upon the suitability of applicants to be appointed as Police Officers
at the entry-level. The background investigations shall be scored and reported to the
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APPENDIX A
Commission in accordance with to these rules and regulations. An
applicant may be completely disqualified from consideration if he/she fails to achieve
at least the minimum acceptable score established by the City Administrator for the
background investigation. Each applicant eligible to be interviewed shall submit a full
set of his or her fingerprints and a written statement of permission authorizing the
City to forward the fingerprints to the Federal Bureau of Investigation through the
Nebraska State Patrol, for identification pursuant to Neb. Rev. Stat. §19-1831. The
Police Chief shall report to the Commission the results of all inquiries, background
investigations and interviews conducted of the candidates subject to be interviewed.
H.
The Civil Service Commission shall conduct final interviews with the top ten (10)
candidates, plus ties. The Commission shall establish an eligibility list of all
candidates that meet the minimum requirements for the position of police officer for
the City of Blair, Nebraska and provide the Mayor with the names and ranking of the
top three (3) eligible candidates for appointment to the position of patrolman.
I.
Any eligibility list as established by the Commission shall be valid for six (6) months
and may by action of the Commission be extended for one (1) additional six (6)
month period.
J.
If requests are made simultaneously for more than one (1) vacancy in the same
position to which an eligibility list applies, the Commission shall certify one (1)
additional name, if available, for each additional vacancy for which request is made
and the Commission shall provide the Mayor with the names and ranking of the
eligible candidates.
Section 4.5 Action of Mayor
A.
Upon receipt of the list of the eligible candidates pursuant to these rules and
regulations, the Mayor may take any one (1) of the following actions:
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(1) Appoint one (1) of the persons on the list to the vacant position after considering
various factors, including, but not limited to, the following:
(a) The multiple job skills recently or currently being performed by the
applicant which are necessary for the position;
(b) The knowledge, skills, and abilities of the applicant which are necessary
for the position;
(c) The employment policies and staffing needs of the police department
together with contracts, ordinances, and statutes related thereto;
(d) Required federal, state, or local certifications or licenses necessary for the
position; or
(2) Decline to fill the vacancy for an indefinite period; or
(3) If the Commission certifies fewer than three (3) names for each vacancy, the Mayor may
direct the Commission to hold another examination.
Section 4.6
Procedure Regarding Testing and Screening for Entry-Level Full-Time Police Officer
Positions.
In lieu of the specific procedures set forth in these Rules and Regulations, the
Commission shall contract with an outside supplier to furnish the services of
advertising and accepting registrations for, and conducting and administering,
preliminary screening procedures, competitive examinations and physical fitness tests
and other tests and testing, as designated or approved by the Commission, to persons
interested in obtaining employment in entry-level full-time police officer positions. The
Secretary and Chief Examiner or other person or persons designated by the
Commission shall have or share general superintendence over any such screening
procedures, competitive examinations and testing. The Commission may, if it chooses,
join with other law enforcement agencies, merit commissions, civil service commissions
and similar bodies in contracting for such services on a joint and cooperative basis.
Expenses incurred by the Commission in procuring such services shall, if approved by
the City Administrator, be deemed necessary expenses of the Commission under the
Blair Municipal Code. The Commission may from time to time establish a reasonable
registration fee for such examination and testing to help defray the expense of
examination and testing, and such fee may be the same as or different from the amount
set forth in these Rules and Regulations. As provided in the Blair Municipal Code and
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these Rules and Regulations, the City Administrator or his/her designee must establish
or approve the time(s) and date(s) of any competitive exams. If the Commission
chooses to recruit, examine and screen applicants for entry-level full-time police officer
positions through a contracted testing and screening procedure, all other provisions of
these Rules and Regulations shall be interpreted in a manner consistent therewith for
purposes of the recruitment, examination and screening of applicants for entry-level
full-time police officer positions, such that essentially the same employment application
and selection procedures will apply with the exception that an outside supplier would be
furnishing to the Commission the services of advertising and accepting registrations for,
and conducting and administering, preliminary screening procedures, competitive
examinations and physical fitness tests and other tests and testing, as designated or
approved by the Commission, to persons interested in obtaining employment in entry-
level full-time police officer positions.
Section 4.6
Probationary Period for Entry-Level Law Enforcement Positions
SECTION 1
No appointment, or employment to a position designated as an entry level law enforcement position by the
City Administrator, shall be deemed complete until a one (1) year probationary period has expired.
For an employee certified by the Nebraska Law Enforcement Training Center prior to the
appointment or employment in question, the one (1) year probationary period shall begin to run at the date
of the appointment or employment in question and shall expire one (1) year thereafter.
For an employee who has not been certified by the Nebraska Law Enforcement Training Center
prior to the appointment or employment in question, the one (1) year probationary period shall begin to run
at the date of the appointment or employment in question and shall expire one (1) year thereafter or three
(3) months after certification by the Nebraska Law Enforcement Training Center, whichever date is later.
If an employee has not been certified by the Nebraska Law Enforcement Training Center prior to the
effective date of the entry-level appointment or employment in question, but holds law enforcement
certification or other equivalent credentialing from a jurisdiction within the United States other than
Nebraska at the effective date of such entry-level appointment or employment, the probationary period shall
expire on the later of one (1) year after the effective date of the entry-level appointment or employment in
question.
During this period, Employees shall demonstrate an ability to perform the duties of the position
assigned, the failure of which may result in termination.
SECTION 2
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Non-entry level certified Employees shall serve a six (6) month probationary period from
date of hire.
SECTION 3
Promoted Employees shall serve a six (6) month probationary period from date of their
promotion.
SECTION 4
After the initial probationary period, no probation period other than those outlined above
may be instituted.
SECTION 5
Failure of Probation.
During the probationary period established by these rules and
regulations which is applicable to the in question, the City Administrator, upon
recommendation of the Chief of Police, may terminate the employment of the person so
employed if, during the performance test thus afforded and upon an observation or
consideration of the performance of duty, the City Administrator deems such person
unfit or unsatisfactory for service in the department. Upon the termination and the
creation of the vacancy, the City Administrator may request the Commission for a new
list of eligible candidates for appointment by the Mayor.
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ARTICLE V. PROMOTIONS
Section 5.0 Non-Entry Level Promotion Procedures.
A.
Upon a promotional position becoming vacant, the City Administrator shall determine
whether a sufficient number of internal candidates exist to establish a competitive testing
process or whether the testing process will be opened to external candidates. The City
Administrator shall notify the Secretary as to the whether the application and testing
process shall be internal only or opened to include external candidates.
B.
If a vacancy occurs and there is no eligible list for the position or if the commission has not
certified persons from the eligible list, a temporary appointment may be made by the
Mayor. Such temporary appointment shall not continue for a period longer than four (4)
months. No person shall receive more than one (1) temporary appointment or serve more
than four months as a temporary appointee in any one (1) fiscal year.
C. Notice of Taking Applications.
1. Notice of an internal testing process for a promotional position within the police
department shall be posted in a place where it will reasonably be expected to be seen by
police officers employed by the City during the time the applications are being taken for
a period of not less than fourteen (14) days.
2. Notice of an application and testing process that will include external candidates shall
include a notification process to include, but not limited to, be posted in a place where it
will reasonably be expected to be seen by police officers employed by the City during the
time the applications are being taken, newspaper want ads and listed on Nebraska Law
Enforcement Training Center website.
3. The procedures for determining the eligibility list for promotion to Police Department
APPENDIX B
positions other than entry-level positions shall be as set forth in ("Non
Entry-Level Appointment/Promotion Procedures Manual") attached to these rules and
regulations.
The list of classified jobs established by the City is as follows:
4.
a.Chief of Police
b.Lieutenant
c.Sergeant
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d.Detective
5. All other appointments within the department are considered to be lateral transfers to be
made at the discretion of the Chief of Police after consulting with the City Administrator.
Section 5.1 Action of Mayor
A. Upon receipt of the list of the top three (3) eligible candidates for promotion, the
Mayor may take any one (1) of the following actions:
(1)Appoint one (1) of the persons on the list to the vacant position after considering various
factors, including, but not limited to, the following:
(a) The multiple job skills recently or currently being performed by the applicant which
are necessary for the position;
(b) The knowledge, skills, and abilities of the applicant which are necessary for the
position;
(c) The performance appraisals of any applicant who is already employed in the police
department, including any recent or pending disciplinary actions involving the
employee;
(d) The employment policies and staffing needs of the police department together with
contracts, ordinances, and statutes related thereto;
(e) Required federal, state, or local certifications or licenses necessary for the position;
and
(f) The qualifications of the applicants who are already employed in the police
department and who have successfully completed all parts of the examination for the
position;
or
(2) Decline to fill the vacancy for an indefinite period; or
(3) If the Commission certifies fewer than three (3) names for each vacancy, the Mayor may
direct the Commission to hold another examination.
Section 5.2 Probationary Period for Non-Entry Level Employee.
A.
In order to enable the City to exercise a choice in filling covered positions, no
appointment, employment or promotion to a non-entry level law enforcement
position (namely, a position, which has not been designated as an entry-
level position by the City Administrator) shall not be deemed complete until a
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one (1) year probationary period has expired. The one (1) year probationary
period shall begin at the date of the promotion in question and shall expire one (1)
year thereafter.
B. Failure of Probation.
(All positions except Chief)During the probationary period
established by these rules and regulations which is applicable to the employee and
appointment, employment or promotion in question, the City Administrator, upon
recommendation of Chief, may terminate the employment of the person so
appointed, employed or promoted if, during the performance test thus afforded and
upon an observation or consideration of the performance of duty, the City
Administrator deems such person unfit or unsatisfactory for service in the
department. If an employee appointed to a promotional position fails to perform
the duties of such promotional position in a manner deemed acceptable by the
City, then the City Administrator, upon the recommendation of the Chief, shall
have the power and authority to return such employee to his/her former position
and any other employees promoted by reason of the vacancy caused by the original
promotion shall likewise be returned to their former positions at the option of the
City Administrator. In case of Chief of Police, during the probationary period
established by these rules and regulations which is applicable to the employee and
appointment, employment or promotion in question, the Mayor, upon
recommendation of City Administrator, may terminate the employment of the
person so appointed, employed or promoted if, during the performance test thus
afforded and upon an observation or consideration of the performance of duty, the
City Administrator deems such person unfit or unsatisfactory for service in the
department.
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ARTICLE VI. DISCIPLINARY ACTIONS
Section 6.1 Tenure of Employment.
The tenure of a person employed in a covered position shall be only
during good behavior and shall begin only after the probationary period and any extensions thereof
for the covered position have expired. No person shall be reinstated in or transferred, suspended, or
discharged from any covered position contrary to the Civil Service Act.
Section 6.2 Cause for Disciplinary Action.
Any non-probationary employee in a covered position may
be removed or discharged, suspended with or without pay, demoted, reduced in rank, or deprived of
vacation, benefits, compensation, or other privileges (except pension benefits) for any of the
following reasons:
A.
Incompetence, inefficiency, or inattention to or dereliction of duty;
B.
Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of
the public or a fellow employee, any act of omission or commission tending to injure the
public service, any willful failure on the part of the employee to properly conduct himself or
herself, or any willful violation of the Civil Service Act or the rules and regulations adopted
pursuant to such act;
C.
Mental or physical unfitness for the position, which the employee holds;
D.
Drunkenness or the use of intoxicating liquors, narcotics, or any other habit-forming drug,
liquid or preparation to such an extent that the use interferes with the efficiency or mental or
physical fitness of the employee or precludes the employee from properly performing the
functions and duties of his or her position;
E.
Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively
perform the duties of his or her position; or
F.
Any other act or failure to act which, in the judgment of the Civil Service Commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in the
public service.
Section 6.3 Disciplinary Action Procedure.
A.
Suspension(s) with or without pay, Demotion, and Removal or Discharge shall be subject
to the following procedures;
An employee wanting to appeal the decision of the Chief to suspend, demote, remove or
discharge shall within ten (10) business days of the notice of action by the Chief file a
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request to appeal to the Mayor with the City Clerk. The Mayor shall within five (5)
business days of receiving the notice of appeal schedule a hearing to consider said appeal.
Hearing shall not be held later than ten (10) calendar days from date giving notice. Within
five (5) calendar days of the hearing the Mayor shall notify the officer of his/her decision.
The Mayor may uphold the decision of the Chief, alter the decision, or vacate said
decision of the Chief. If the Mayor vacates the Chief’s decision the officer shall be
reinstated with back pay. If an employee does not agree with the Mayor’s decision, he/she
shall have the right to further appeal to the Civil Service Commission per the Civil Service
regulations.
B.
Employees required to attend disciplinary meetings which may result in removal,
demotion, discharge or suspension with or without pay will be given personal notice at
least seventy-two (72) hours prior to the meeting.
C.
An Employee covered by this agreement shall have the right to be represented by an FOP
representative or attorney of his choice, at any pre-or post-disciplinary meeting or hearing.
If the Employee chooses to have an attorney present, the Employee is solely responsible
for any attorney fees.
D.
For actions, which may result in suspension, demotion, removal or discharge, any
interrogation of an Employee maybe recorded and or transcribed either by the City or
Employee if requested. The party who requests the recording shall furnish the other party
with a copy of the recording upon request.
E.
When an Employee is placed on administrative paid leave while the Employer is
investigating a matter concerning the Employee that could lead to suspension, demotion or
discharge of the Employee, the leave shall in no way affect the Employee’s seniority,
accumulation of paid leave, insurance and/or any other benefits the Employee would have
received if the Employee had been actively working.
F.
Reports, letters, disciplines or other material including written comments allegedly adverse
to the interests of an Employee shall not be entered into his or her personnel file without
notifying the Employee in writing of such addition to the personnel file. An Employee
may make a written response to such document within ten (10) days. The Employee’s
response shall be attached to the adverse material in the personnel file. Unfounded
complaints shall never be entered into an Employee’s personnel file.
G.
Reports, letters, disciplines or other material including written comments allegedly adverse
to the interest of an Employee may be removed from the Employee's personnel file at the
Employee’s request to Employer in accordance with the following:
1.Reports, letters, disciplines (other than suspensions or demotions), may be
removed after one (1) year.
2.Disciplines of suspension and demotion may be removed after four (4) years.
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H.
Items removed from an Employee’s personnel file shall not be used against an Employee
for work purposes including discipline, evaluations, and promotions.
I.
Each Employee shall, upon request, have the right to review his or her personnel file
during regular business hours.
J.
No record of complaints, allegations, personnel action taken, or any disciplinary action
pertaining to an Employee shall be kept by the Employer in any location other than the
personnel file maintained by the Employer.
Demand for Investigation and Public Hearing.
K. Any employee so removed, suspended, demoted or
discharged may, within ten (10) calendar days after receiving written notice of the Mayor 's decision
file a written demand for an investigation and public hearing by the Civil Service Commission. The
employee shall file the request for the hearing with the Secretary of the Commission and
simultaneously mail or deliver a copy of the request to the Mayor. The failure to file such a request
with the Secretary of the Commission within ten (10) calendar days after the service of notice of the
decision of the Mayor shall constitute a waiver of the employee’s right to review by the Civil Service
Commission and the decision of the Mayor shall become final.
City's Prehearing Statement.
L. Within three (3) calendar days after receipt of the employee’s timely
written demand for investigation and public hearing, the Mayor shall cause to be mailed or delivered
to the employee at the employee’s residence and to the Secretary of the Civil Service Commission a
notice containing:
(1) A statement of the charge(s);
(2) The names of the witnesses who will or may be called on behalf of the City and a general
statement of the nature of their testimony;
(3) Copies of any documents to be offered by the City in support of the charge(s);
Employee’s Prehearing Statement.
M. Within six (6) calendar days after the filing of the employee’s
timely written demand for an investigation and public hearing, or within three (3) calendar days
following his/her receipt of the information required by Subsection 5.3.G. above, whichever is later,
the employee shall mail or deliver copies of the following to both the Mayor and the Secretary of the
Civil Service Commission:
(1) Written response to the statement of the charge(s);
(2) The names of witnesses who will be called on behalf of the employee and a general
statement of the nature of their testimony; and
(3) Copies of any documents to be offered by the employee in response to the charge(s).
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City's List of Rebuttal Evidence.
N. Within nine (9) calendar days after the filing of the employee’s
timely written demand for an investigation and public hearing, or within two (2) days following
his/her receipt of the information required by Subsection 5.3.H above, whichever is later, the Mayor
shall cause to be delivered to the employee or to the employee’s residence and to the Secretary of the
Civil Service Commission a list of rebuttal evidence expected to be presented by the City at the
hearing, including a list of any rebuttal witnesses with a general statement of the substance of their
testimony and a list of any documents expected to be introduced to rebut the employee's evidence.
Deadlines Falling on Holidays.
O. If any of the deadlines or time limits provided for in
this Section falls on a Saturday, Sunday or legal holiday observed by the City, then such deadline
shall be extended to the end of the next working day. The failure of either party to meet any of such
deadlines and timelines shall not prevent or bar the imposition of appropriate disciplinary action or
result in the suspension, termination, or abatement of any disciplinary proceeding or disciplinary
action previously imposed.
Investigation by Commission.
P. Upon receipt of an employee’s timely written demand for an
investigation and public hearing, the Commission shall conduct an investigation. The Commission
shall be represented in such investigation by the City Attorney, if authorized by the Mayor. If the
City Attorney does not represent the Commission, the Commission may be represented by special
counsel appointed by the Commission for any such investigation. The investigation shall be based
upon a review of the materials filed by the Mayor and by the employee with the Secretary of the Civil
Service Commission and shall be confined to the determination of whether the disciplinary action was
made in good faith for cause as defined in these Rules and Regulations. The Commission and its
members may also review the submissions of the Mayor and the employee to determine whether any
individuals or documents should be subpoenaed by the Commission for the subsequent public hearing
.
before the Commission
Public Commission Hearing.
Q.
Scheduling Hearing.
(1) The Commission shall schedule a public hearing to be held after
the investigation and no less than ten (10) nor more than twenty (20) calendar days from the date
of filing of the employee’s written demand for an investigation and public hearing.
Notice of Hearing.
(2) The Commission shall notify the Mayor and the employee in writing
at least three (3) calendar days prior to the date of the hearing, of the date, time and place of
hearing.
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Subpoenas.
(3) On reasonable request of the employee, the Mayor, or their respective legal
representatives, the Chairperson of the Commission or any commissioner may issue subpoenas to
require the attendance of witnesses and the production by them of books, papers, documents and
accounts, and to cause the depositions of witnesses, residing within or without the state, to be
taken in the manner prescribed by law for depositions in civil actions in the courts of Nebraska,
so long as the taking of any such deposition does not require a delay in the holding of any hearing
or other proceeding in the case. A sample of an acceptable subpoena form is attached as
APPENDIX C.
Commission's Legal Representation.
(4) The Commission may be represented at such
hearing by the City Attorney, if authorized by the Mayor. If the City Attorney does not represent
the Commission, the Commission may be represented by special counsel appointed by the
Commission for such hearing. At its discretion, the Commission may ask its legal counsel to
preside at the hearing, make evidentiary rulings, swear witnesses, and generally function as an
administratively presiding officer in order that the members of the Commission may focus on the
evidence presented.
Presentation of City's Case.
(5) The Mayor shall be permitted to appear in person and by
counsel and to present the case of the City. The Mayor may present evidence by testimony,
documents and other exhibits and shall be permitted to cross-examine the employee’s witnesses.
Presentation of Employee’s Case.
At the hearing, the employee shall be permitted to
appear in person and by counsel and to present his or her defense. The employee may present
evidence by testimony, documents and other exhibits and shall be permitted to cross-examine the
witnesses called by the City.
Recording and Transcription.
(6) All testimony at the hearing shall be transcribed by a
court reporter, the services of whom shall be obtained by the Secretary.
Action of Commission.
R. The Commission may take any of the following actions:
(1) The Commission may affirm the action taken by the Mayor;
(2) If the Commission finds that the removal, suspension, demotion or discharge was made
for political or religious reasons, or was not made in good faith for cause, it shall order the
immediate reinstatement or re-employment of the employee in the position or employment from
which such employee was removed, suspended, demoted, or discharged, which reinstatement
shall, if the Commission in its discretion so provides, be retroactive and entitle such person to
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compensation and restoration of benefits and privileges from the time of such removal,
suspension, demotion or discharge;
(3) If the sanction imposed by the Mayor is deemed to be too severe by the Commission, and
was not made for political or religious reasons or in bad faith, the Commission may modify an
order of removal, suspension, demotion, or discharge, by directing a suspension, with or without
pay, for a given period and the subsequent restoration to duty or demotion in position or pay.
Certification of Commission's Findings.
S. Within ten (10) calendar days after the hearing, the
Commission shall certify its findings and decision in writing to the employee, and to the Mayor who
shall enforce them.
Appeal from Decision of Commission.
T. Appeals from decisions of the Civil Service Commission
may be taken to the District Court in the manner provided by law and upon the grounds allowable by
law.
Time Limits.
U. The time limits stated in this Section are directory and every reasonable effort shall be
made to comply with them, but they shall not be considered or interpreted to be jurisdictional. The
failure of either party to meet any of such deadlines and timelines shall not prevent or bar the
imposition of appropriate disciplinary action or result in the suspension, termination, or abatement of
any disciplinary proceeding or disciplinary action previously imposed.
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ARTICLE VII. ADDITIONAL POWERS AND DUTIES OF COMMISSION
Section 7.1 Investigations.
The Commission may conduct an investigation concerning, and report to the
City Council, Mayor and City Administrator upon, all matters regarding the enforcement and effect
of the Civil Service Act and the rules and regulations prescribed hereunder.
Section 7.2 Inspections.
The Commission may inspect all institutions, departments, positions, and
employments affected by the Civil Service Act to determine whether the Act and these Rules and
Regulations are being obeyed. Such investigations may be conducted by the Commission or by
any Commissioner designated by the Commission for that purpose.
The Commission shall also make a like investigation on the written petition of a citizen, duly
verified, stating that irregularities or abuses exist or setting forth, in concise language, the necessity
for such an investigation. The City Attorney shall provide general legal counsel to the Commission
in relation to such an investigation, unless the Mayor determines special counsel is necessary. If
the Mayor determines special counsel is necessary, the Commission may be represented by special
counsel appointed by the Commission in any such investigation. In the course of such an
investigation, the Commission, designated Commissioner, or Chief Examiner shall have the power
to administer oaths, issue subpoenas to require the attendance of witnesses and the production of
them of books, papers, documents, and accounts appertaining to the investigation, and to cause the
deposition of witnesses, residing within or without the state, to be taken in the manner prescribed
by law for like depositions in civil actions in the courts of this state. The oaths administered and
subpoenas issued shall have the same force and effect as the oaths administered by a District Judge
in a judicial capacity and subpoenas issued by the district courts of Nebraska. The failure of any
person so subpoenaed to comply shall be deemed a violation of the Civil Service Act and shall be
punishable as such. No investigation shall be made pursuant to this Section of these Rules and
Regulations if there is a written accusation concerning the same subject matter against a person in
the Civil Service. Such accusation shall instead be handled pursuant to Article VI of these Rules
and Regulations.
Section 7.3 Roster.
The Commission shall establish and maintain a roster of officers and employees in
covered positions in the Police Department. Such roster shall be retained and kept current by the
Secretary, and shall show, for each employee, his or her name, date of hire, rank, salary or pay
grade, and date of attainment of non-probationary status.
Section 7.4 Access to Rules and Regulations.
At least one (1) copy of the Rules and Regulations and
any amendments thereto shall be made available for examination and reproduction by members of
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the public by placing a copy on file with the Clerk of the City of Blair. In addition, one (1) copy of
the Rules and Regulations and any amendments thereto shall be given to each full-time police
officer.
Section 7.5 Reduction in Force Recommendations.
The Commission will furnish its recommendations to
the Mayor and City Council concerning any proposed reduction in force policy.
Section 7.6 Civil Suits.
The Commission shall begin and conduct all civil suits which may be necessary
for the proper enforcement of the Civil Service Act and the Rules and Regulations of the Commis-
sion. The Commission shall be represented in such suits and all investigations pursuant to the Act
by the City Attorney, unless the Mayor determines special counsel is necessary. If the Mayor
determines special counsel is necessary, the Commission may be represented by special counsel
appointed by it in any particular case.
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ARTICLE VIII. MISCELLANEOUS
Section 8.1 Phase-in Provisions.
All procedural and substantive decisions made by the Blair Civil
Service Commission existing and operating prior to the adoption of these rules and regulations and
the appointment of the new Commissioners thereunder shall continue in effect, unless inconsistent
with state law. Thus, lawful tests and eligible lists established prior to the adoption of these rules
and regulations shall continue in full force and effect until superseded by action of the
Commission.
Section 8.2 Conflict.
In case of conflict between the provisions of these Rules and Regulations and either
the Nebraska Statutes or the Code, as either may be amended from time to time, provisions of the
Code and Nebraska Statutes shall control over provisions of these Rules and Regulations and
provisions of the Nebraska Statutes shall control over provisions of the Code.
Section 8.3 Gender.
The terms "he" or "him" and all other references to the male gender shall be equally
applicable to the female gender.
Section 8.4 Governing Law.
All hearings and investigations before the Commission, a designated
Commissioner, or the Chief Examiner shall be governed by the Nebraska Civil Service Statutes
and these Rules and Regulations. The Commission, designated Commissioner, or Chief Examiner
shall not be bound by technical rules of evidence. No informality in any proceeding or hearing or
in any manner of taking testimony shall invalidate any order, decision, rule, or regulation made,
approved, or confirmed by the Commission, except that no order, decision, rule, or regulation made
by any designated Commissioner conducting any hearing or investigation alone shall be of any
force or effect unless it is concurred in by a majority of the appointed members of the Commission,
including the vote of any Commissioner making the investigation.
Section 8.5 Amendments to Rules and Regulations.
These Rules and Regulations may be amended from
time to time upon a vote of a majority of the members of the Commission.
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APPENDIX A
BACKGROUND INVESTIGATIONS
In order to have a workable system for assessing results of background investigations, the following method is adopted and will
be utilized regarding entry-level positions.
Each candidate concerning whom a background investigation is to be conducted shall begin the background investigation
process with one-hundred (100) points. Penalty deductions of points will be made from such one hundred (100) points for
items discovered during the background investigation which detrimentally reflect upon the candidate's fitness to be a police
officer. Deductions shall be made in accordance with the TABLE OF DEDUCTION POINTS set forth below. The assessment
of point value deductions will be completed by the Police Chief, based on information provided by background investigations,
subject to review by the Civil Service Commission. Pursuant to Section 3.1.a of these Rules, the City Administrator shall
determine the minimum acceptable score respecting such background investigations and shall advise the Secretary in writing of
such minimum acceptable score. The City Administrator may change such minimum acceptable background investigation score
from time to time, but any such change shall operate prospectively only and shall not apply respecting the filling of a then
vacant position.
The results and scoring of all background investigations, and Department Interview Questions, and supporting information and
reports, shall be forwarded to the Secretary for deposit upon completion of the investigations. The Commission shall review
the results and scoring of the background investigations, the Department Interview Questions, and supporting information and
reports. The Commission shall then proceed to the Civil Service Commission Interviews phase of the investigation into the
qualifications of the candidates.
TABLE OF DEDUCTION POINTS
Point DeductionsPoints
I. Felony Conviction or Failure to Meet Minimum Qualifications for Appointment -100 pts.
II. Intentional Falsehood on Application -100 pts.
III. Failure to complete a City Employment application or failure to report for any portion of the examination or interview
process -100 pts.
IV. Intentional Omission from Application -50 pts. each
V. Unintentional Omission from Application -2 pts. each
VI. Misdemeanor Convictions
A. Domestic Violence -100 pts.
B. Crimes involving Moral Turpitude -100 pts.
C. Serious Violations (Theft, assault, child abuse, etc.)
Within past 7 years- -50 pts. each
Over 7 years -25 pts. each
D. Convictions for the following (within past 2 years)
1. DUI or DWI -100 pts.
2. Possession of Marijuana -100 pts.
Convictions for the following (within past 2-7 years)
1. DUI or DWI -50 pts. each
2. Possession of Marijuana -50 pts. each
E. General Misdemeanors (Class I-III)
Within past 2 years -25 pts. each
Between 2-7 years -10 pts. each
F. General Misdemeanors (Class IV-V, i.e. MIP, etc)
Within past 2 years - 5 pts. each
Between 2-7 years -2 pts. each
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VII. Prior Drug Use
A. Use of Marijuana within the last 2 years -100 pts.
B. Distribution/Sale of Marijuana -100 pts.
C. Use of Marijuana between 2-7 years -10 pts.
D. Use of Illegal Narcotics (within last 7 years) (including but not limited to cocaine, heroin,
methamphetamine, crack, etc.) -100 pts.
E. Use of Illegal Narcotics (over 7 years from date of application) -25 pts.
F. Sales/Distribution of Illegal Narcotics -100 pts.
VIII. Traffic Convictions (within last 7 years).
A. Minor Traffic offenses -2 pts. each
B. Serious Traffic offenses (reckless, etc.) -15 pts. each
C. Willful Reckless Driving -25 pts. each
D. Motor Vehicle Homicide -50 pts. each
E. Driving Under Suspension -15 pts. each
F. Preventable Vehicular Accidents -5 pts. each
IX. Work History Within Last 3 Years
A. Discharged for Theft -100 pts.
B. Requested to resign in-lieu-of discharge -25 pts. each
C. Discharged for cause -25 pts. each
D. Inability to maintain regular and dependable attendance on the job -25 pts. each
X. Negative Recommendation from the Chief of the Blair Police Department (applicable to Police Department positions
only).
(Must be based upon a reason or reasons, other than those listed above,
deemed adequate by the Police Chief to render the candidate an unsuitable
candidate for appointment, and must be communicated to the Civil Service
Commission, prior to or at the time the Commission determines the
candidates to be interviewed. The Commission must concur on such
recommendation.)
-50 pts.
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APPENDIX B
NON-ENTRY LEVEL APPOINTMENT/PROMOTION PROCEDURES MANUAL
Section I. Background Investigation and Promotion Report
1. Police Position Applicants Not Currently Blair Police Department Employees:
A.
The background investigation shall be conducted by Police Department Personnel
utilizing the same training, investigative procedures and reporting requirements (but not
scoring methodology) as utilized for entry level police officers.
B.
Applicant must submit to the background investigator copies of his/her previous two (2)
years performance evaluations.
C.
Investigator will speak to as many current supervisors, subordinates and co-workers of
or at the applicant's previous employer(s) as shall be deemed necessary by the
investigator to assist in assessing the applicant's suitability for appointment.
D.
A full description of all verifiable training received in the previous two (2) years, and
other training which may be beneficial to the applicant, must be provided to the
investigator by the applicant.
E.
Copies of awards, commendations, etc., must be provided to the investigator if the
applicant requests that they be considered.
F.
Proof of educational qualifications (e.g., copies of diplomas, certificates, etc.) must be
provided to the investigator by the applicant.
G.
Applicants must provide copies of all disciplinary actions received in the most recent
twelve (12) months preceding the date of application.
2. Police Position Applicants who are Current Employees of the Blair Police Department:
Must, in writing, authorize background investigators to:
A.
Obtain copies of the last two (2) years' performance evaluations for the applicant.
B.
Review and verify the applicant's City of Blair personnel file and similar documentary
records and all documentation of any special education received which may be beneficial
to the position being sought.
C.
Obtain any disciplinary actions taken against the employee which remain in his/her
personnel file. Such action(s) will be copied and included in the final report.
3. Evaluation of Background Investigation Results and Promotion Reports by the Police
Chief or His/Her Designee.
A.
The Police Chief or his/her designee will review the final report submitted by each
background investigator.
B.
Performance evaluations will be scored from the summary evaluation section on a scale
of one (1) through five (5), with five (5) being consistently superior.
(1) Evaluations will be averaged to obtain a final score.
(2) Performance evaluations of outside applicants which are not in the same format as
Blair Police Department evaluations will be reviewed by the Police Chief or his/her
designee and assigned a score based on the criteria utilized by the City of Blair
Police Department in evaluating its current employees.
(3) Those applicants whose departments do not have a performance evaluation system
will be required to sign a specific release for investigators to interview current and
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previous supervisors for the purpose of obtaining information concerning past
performance. The investigator, subject to review by the Police Chief or his/her
designee, will assign a score based on the results of such interviews, utilizing the
criteria utilized by the City of Blair Police Department in evaluating its current
employees.
C.
A score of one (1) through five (5) will be awarded by the Police Chief or his/her
designee for outside achievement and general suitability for appointment/promotion.
Positive accomplishments such as awards, commendations, and outside education will be
weighed against disciplinary actions received.
D.
Other matters, such as those listed in the TABLE OF DEDUCTION POINTS in
APPENDIX A
to the Rules and Regulations of the Blair Civil Service Commission,
may be considered in determining points awarded under this Section I.
E.
Total percentage points available under this Section I is ten (10) (namely, five (5) points
for evaluations and five (5) points for outside achievement and general suitability for
appointment/promotion).
F.
Any applicant whose background investigation reveals any of the following will be
eliminated from progressing further in the process:
a. Felony Conviction;
b. Applicant does not meet the minimum requirements for the position;
c. Serious misdemeanor;
d. Acts involving moral turpitude; or
e. Intentional falsehoods on the application.
Section II. Testing Process
1. Background Investigation:
Upon completion of the background investigation, an applicant
may be eliminated due to an unfavorable background investigation. Applicants not
eliminated will receive between one (1) and ten (10) percentage points for the background
investigation element. Refer to the section on background investigations. (Appendix B.
Section I).
2. Written Test:
A prepared written test purchased from an outside vendor, and approved by
a majority of the members of the Commission, shall be utilized.
A.
A copy of a bibliography of reading material recommended to prepare for this test shall
be made available to any applicant on request, if such a bibliography has been received
by the Commission.
B.
An applicant may receive up to thirty (30) percentage points for the written test element.
3. Civil Service Commission Interviews:
The scores from the three (3) previous elements of
the screening process will be deposited with the Secretary promptly upon the completion of
each element. The Secretary will total each candidate's scores on the three (3) elements
completed to that point and determine up to the ten (10) candidates plus ties having the
highest total scores to that point and satisfying all minimum qualifications and criteria for
the position. Those eligible candidates will then be scheduled for interviews with the
Commission. (If there are less than ten (10) applicants remaining under consideration at this
point in the process, all of the applicants remaining under consideration will be scheduled for
interviews with the Commission.)
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The Civil Service interviews will consist of two (2) phases:
A.
A written assignment will be completed by the candidate for review by the City
Attorney. The candidate will be given the assignment prior to the interview date and the
assignment will be due at a date prior to the interview. The City Attorney will review
the written assignments with credit given equal to one (1) oral question.
B.
The Commission will ask each interviewed candidate a series of equally weighted
questions, the answers to which shall be scored by members of the Commission. The
questions shall be the same for each candidate interviewed.
A candidate may receive up to a possible forty (40) percentage points for the Civil
Service Commission interviews element of the process.
Section III. Weighing of Each Element of the Process
Elements
1.
Background and Promotion Report 20%
2. Written Test 20%
3. Civil Service Commission Interview 60%
Total 100%
Section IV. Selection
1.
The Civil Service Commission will certify an eligibility list of all candidates that meet the
minimum qualifications for the position and forward the names of the top three (3) qualified
applicants for each vacancy to the Mayor.
2.
The list will be valid for a period of one (1) year from the date of testing.
3.
Once the list is provided to the Mayor, the Mayor may choose any applicant from the list
without regard to ranking. The Mayors appointment is contingent on City Council approval.
As provided in section 19-1829 of the Civil Service Act, in filling a vacancy in a covered
position, consideration shall be given to factors including, but not limited to:
(A) The multiple job skills recently or currently being performed by the applicant which are
necessary for the position;
(B) The knowledge, skills, and abilities of the applicant which are necessary for the position;
(C) The performance appraisal of any applicant who is already employed in the department,
including any recent or pending disciplinary actions involving the employee;
(D) The employment policies and staffing needs of the department together with contracts,
ordinances, and statutes related thereto;
(E) Required federal, state, or local certifications or licenses necessary for the position; and
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(F) The qualifications of the applicants who are already employed in the department and
have successfully completed all parts of the examination for the position.
All conditional appointees/promotees must successfully complete a medical examination,
*
physical dexterity exam, drug screen, and psychological test prior to final confirmation
of appointment by the Mayor.
Section V. Chief of Police Position Vacancy; Exceptions.
1. If the vacant position in question is that of Chief of Police
:
A.
The City Administrator, with the assistance of such other City employees or officials as
he or she may designate, shall perform the duties assigned to the Chief of Police under
Appendix B
this ;
B.
The background investigations shall be conducted by such individual(s) or agency as
may be designated by the City Administrator and approved by the Chairperson of the
Civil Service Commission;
C.
The City Administrator may, with the approval of the Chairperson of the Civil Service
Appendix B
Commission, modify or adapt the specific procedures of this so as to insure
that the testing and selection process for the position is based on merit, efficiency and
fitness as ascertained by open competitive examination and impartial investigation; and
D.Appendix B
In the event of an appeal under Section VI of this , the functions of the City
Administrator under such Section VI shall be performed by the City Administrator.
However, if the individual appealing is dissatisfied with the final decision of the City
Administrator on such an appeal, the individual may submit a written appeal of the City
Administrator’s decision to the Civil Service Commission. The written appeal to the
Commission shall be filed with the Secretary/Examiner of the Commission within two
(2) business days after the individual desiring to appeal receives a copy of the City
Administrator’s decision. The Secretary/Examiner of the Commission shall provide a
copy of the written appeal to the City Administrator and to each member of the
Commission. The City Administrator shall respond in writing upon the written appeal as
expeditiously as possible, and provide a copy of the response to the individual appealing,
the Secretary/Examiner of the Commission, and each member of the Commission. The
Commission shall then proceed to resolve the appeal on the record so submitted as
expeditiously as possible. Alternatively, the Commission may request the individual
appealing and/or the City Administrator to appear before the Commission and be heard,
but shall not be required to do so. The decision of the Commission shall be in writing
and shall be final. Copies of the Commission’s decision shall be provided or mailed to
the Secretary/Examiner of the Commission, the City Administrator and the individual
appealing.
Section VI. Appeal Process
1. Criteria for Appeal
A.
Any applicant may appeal any or all portions of the process, subject to the limitations of
this Section VI.
B.
Appeals must be filed with the City within two (2) working days of completion of the
portion of the process being appealed. A copy of the appeal must also be filed with the
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Civil Service Secretary/Examiner. The appeal must be in writing and contain the
following information:
1) Exact nature of the appeal, including a specific description of the alleged violation of
procedure.
2) Where and when the alleged violation of procedure occurred.
3) Names of personnel involved in the alleged violation.
4) Desired remedy if the alleged violation is substantiated.
C.
Only the following areas may be appealed:
1) Accuracy of scoring and grading of any written examination.
2) The written results of any scored elements of the selection process.
3) The decisions and scoring utilized concerning background investigation and
promotion reports.
Appendix B
4) Failure to follow the procedures described in this or in applicable rules
and regulations of the Civil Service Commission.
5) Any alleged discrimination based on race, color, creed or other unlawful criteria.
6) Misconduct by either other applicant(s) or an examiner or investigator during the
administration of any element of the screening or testing process.
2. Appeal Review
A.
The Mayor will fix a date, time and place for an informal review for each appeal within
five (5) working days of receipt of the appeal.
B.
The applicant will at that time present his/her evidence/information supporting the
appeal. The applicant will appear in person at the review proceeding. However, the
evidence may be presented by a collective bargaining representative or an attorney
retained by the applicant at the applicant's expense.
C.
Present at the appeal review proceeding will be the Civil Service Secretary/Examiner,
Police Chief, and the City Administrator or his/her designee. These individuals will
answer to the Mayor with regard to the applicant's allegations.
3. Findings
A.
The Mayor will, within three (3) working days of completion of the appeal review
proceeding, make a written decision as to the appeal. The Mayor may find any of the
following:
1) That the allegations are without merit and no further action should be taken.
2) That the allegations, while containing merit, do not rise to the level which would
affect or which affected an applicant in such a negative manner as to reduce his/her
ability to be promoted or appointed. Modifications of future testing or other
recommendations may be made. However, no change in the current selection
process is ordered.
3) That the allegations contain significant merit and have adversely affected an
applicant's ability to be promoted or appointed. The Mayor, upon making this
determination, may require participants in the process who are within the Mayor’s
line of supervision to repeat or remedy an element of the selection process. If the
Mayor determines that the violation and/or its effects is or are so prejudicial to an
applicant or applicants as to warrant a complete re-examination, or that only the
Civil Service Commission may remedy the matter, the Mayor will request the
Commission to conduct a re-examination or otherwise remedy the matter.
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B.
The Mayor’s decision shall be considered final on all appeals of the process.
C.
All time frames and deadlines described or specified in this section VI.3 of this
APPENDIX B are directory and every reasonable effort shall be made to meet or satisfy
them. However, those time limits and deadlines are not mandatory or jurisdictional, and
failure to meet or satisfy them will not invalidate any decision made or action taken.
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City of Blair
Civil Service Rules and Regulations
APPENDIX C
SAMPLE SUBPOENA
BEFORE THE CIVIL SERVICE COMMISSION
OF THE CITY OF BLAIR, NEBRASKA
In the Matter of the Appeal of \]
\]
SUBPOENA
\]
_______________________________________ \]
_TO: (Name)______________________________
_(Address)________________________________
_________________________________________
YOU ARE HEREBY COMMANDED, pursuant to the authority conferred upon this Commission by the Statutes of the
State of Nebraska, Section 19-1830(5), TO APPEAR BEFORE THIS COMMISSION AND GIVE TESTIMONY on behalf of
_________________________________________
in the above-entitles cause, at
_________________________________________________, Blair, Nebraska, on the _____________ day of
__________________, 20____, at _____________ o’clock ________.M.
YOU ARE HEREBY FURTHER COMMANDED to bring with you the following books, papers, documents, and things:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
HEREOF FAIL NOT UNDER PENALTY OF LAW.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of __________, 20______.
__________________________________________________________________
Member, Civil Service Commission of the City of Blair, Nebraska
Return of Officer Making Service
STATE OF NEBRASKA \]
\] ss.
COUNTY OF ________________ \]
Having been first duly sworn upon oath, I hereby certify that I received this Subpoena on the ______day of ___________,
20____, and that I personally served same on the above-named _________________________________________________
________________________________________________ by (check one):
____ delivering of the original copy hereof to him/her in Washington County, Nebraska on the ______day of
_____________,
20____, at ___________o’clock ____.M.,
____ mailing the original copy hereof to him/her by certified United States mail, postage prepaid, return receipt requested,
addressed to him/her at his/her usual place of residence in Washington County, Nebraska, same being (address)
_________________________________. A copy of the signed receipt is attached hereto.
_____________________________________________________________________
Signature
Title: ________________________________________________
Subscribed and sworn to before me this ______ day of _____________, 20______.
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City of Blair
Civil Service Rules and Regulations
____________________________________________________________
Notary Public
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City of Blair