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2008 Civil Service Regulations BLAIR, NEBRASKA RULES & REGULATIONS OF THE CIVIL SERVICE COMMISSION Blair, Nebraska Rules & Regulations of the CIVIL SERVICE COMMISSION SECTION A – Definitions SECTION B – Employees covered by Civil Service SECTION C – Original appointment – Vacancies, applications, examinations and probation SECTION D – Resignations SECTION E – Demotion, suspension or discharge of Non-Probationary Employees SECTION F – Reduction in force SECTION G – Promotions SECTION H – Leave of absence SECTION I – Temporary appointments SECTION J – Transfers SECTION K - Obstructing examinations SECTION L – Political contributions SECTION M – Organization SECTION N – Non discrimination SECTION 0 – Amendments SECTION P – Procedures SECTION A DEFINITIONS RULE A –1: The following words and phrases shall have definitions, as set out below, when appearing in these rules and regulations. 1.) "Appointing Power" shall mean the Mayor of the City of Blair. 2.) "Appointment" shall mean all means of selection, appointing, or employing any person to hold any office, place, position, or employment subject to Civil Service. 3.) "City" shall mean the City of Blair. 4.) "Classified Job" shall be any permanent, sworn, full time enforcement position, established by the City. 5.) "Commission" shall mean the Civil Service Commission of the City of Blair. 6.) "Commissioner" shall mean any one of the three (3) Commissioners of the Civil Service Commission of the City of Blair. 7.) "Employee" shall mean any sworn officer, male or female, filling a classified job and who devotes his full time to law enforcement. 8.) "He or him" the use of the male gender shall also mean female. 9.) "Non-Probationary employee" shall mean any employee who has satisfactorily completed his or her initial probationary period of six (6) months of employment as a full-time permanent employee. SECTION B EMPLOYEE COVERED BY CIVIL SERVICE RULE B – 1: All full-time permanent employees in the Police Department of the City who receive compensation for working in a classified job. The list of classified jobs established by the City is as follows: 1.) Chief of Police 2.) Captain 3.) Sergeant 4.) Corporal 5.) Juvenile Liaison 6.) Investigator 7.) Patrolman SECTION C VACANCIES, APPLICATIONS, EXAMINATIONS & PROBATION RULE C — 1: Vacancies 1. The Commission shall advertise from time to time as required in order to maintain an eligible list and to fill vacancies within the classified service. 2. Whenever a vacancy exists, or it is known that one will exist in the immediate future, in any of the classified jobs, the appointing authority shall submit a written requisition to the Commission for a certification of the name of a person who is eligible to fill the vacancy. RULE C — 2: Action when eligible list is available 1. Upon receipt of the requisition, the Commission shall certify the names of the persons willing to accept such employment who are the three (3) highest on the list and shall designate the name of the person highest on such list for the class to which the vacant position has been allocated. If more than one (1) vacancy is to be filled, an additional name, if available, shall be certified for each additional vacancy. The appointing power shall forthwith appoint one (1) of such persons to such vacant position or positions. 2. If less than three (3) names are on the eligible list, the Commission shall certify the number that does appear. 3. If there is no appropriate eligible list for the class, the Commission shall certify in the manner aforesaid the names of the persons on its list who are held appropriate for such class. 4. Whenever a requisition is made or whenever a position is held by a temporary appointee and the Commission thereafter established a list for such position, the appointing power shall forthwith appoint one of the persons so certified for said position. RULE C — 3: Application Blank 1. All persons desiring to take an examination for a classified job shall request an application blank from the Secretary of the Commission. If the job qualification requirements show that special qualifications are necessary for a position, the Civil Service Commission may demand evidence, from an applicant for that position, of proof that such applicant has the special requirements. Such evidence may be needed to show a satisfactory degree of education, training or experience, or it may be in the form of a certificate of competency, or it may be that one must possess a permit or license, as the law may provide, if necessary for the practice of a profession, art, or trade. The Commission may exclude applicants from taking examinations who fail to give such evidence or produce certificates or produce such permits or licenses as required above. The Civil Service Commission may limit the period of time during which applications may be filed by giving due notice of such limitation. RULE C-4: Acceptance of Application 1. All persons who have filed an application for a position vacancy shall be notified of the Commission's decision to either accept or reject their application. Those persons whose applications have been accepted shall be advised of the time and location where the next examination will be conducted. In the event that such scheduled examination must be cancelled or postponed, the Commission shall notify the applicants scheduled to have taken the examination of the cancellation or postponement and shall further advise the applicants as to the rescheduling of the examination. RULE C — 5: Tests 1. All tests will consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is made and may include tests of physical fitness and of manual skill. RULE C — 6: Results of Examination 1. The persons examined will be notified, by mail, not more than thirty (30) days after the examination is held, of the Commission's decision on his examination. 2. A credit of ten (10) percent shall be granted to each applicant who has served in and been honorably discharged from the Armed Forces of the United States. This shall be granted for entrance examination only. 3. The Commission shall, as a result of the examination, place the names of successful applicants upon the Eligible List. 4. Upon completion of all examinations, the Commission shall notify the applicants of their status. The successful applicants shall be placed on the Eligible List. a. Eligible List shall be valid for a period of six (6) months from the date such list is established by the Commission. The Commission may, by its own vote, extend the life of such list for an additional six (6) months. 5. When, upon completion of an examination, the Commission decides that the applicant has failed, the applicant shall not be permitted to reapply for the same position for a period of six (6) months from the date of the examination in which he failed. RULE C — 7: Probation 1. Any person appointed to a position in the classified service after certification shall be on probation for a period not to exceed six (6) months of actual service. There shall be a probationary period on each respective position. The appointing power may discharge, suspend, or demote without approval of the Commission as requested in Section E only during the initial probationary period. RULE C — 8: Cause for Rejection 1. The Commission may refuse to examine an applicant, or after examination, to certify him eligible for appointment, for the following reasons: a. If it is found that he lacks any of the established minimum qualifications for the position for which he applied. Minimum qualifications for all positions are as follows: 1. Able to read and write the English language. 2. Of good moral character and of temperate and industrious habits. 3. At least 21 years of age. 4. Possess a valid driver's license 5. Be a graduate of a high school or have received an equivalent diploma 6. Is in good physical health 7. A citizen of the United States of America. b. If it is found that he is so physically deformed as to be undesirable for a position in public as determined by medical examination, or if he is otherwise so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment. c. If it is found that he is addicted to the habitual use of intoxicating beverages and drugs. d. If it is found that he has been convicted of a felony. e. If it is found that he has been dismissed from a public service for a just cause. f. If it is found that he has intentionally made a false statement in any material fact, or practiced or attempted to practice any deception or fraud in making application or in the examination or in the securing of his eligibility or appointment. g. If it is fund that he has been repeatedly discharged from the common labor service. h. If it is found that he is disloyal to the Government of the United States, or if he is a member of any organization which advocates the overthrow of the Government by force of violence. i. If it is found by the Commission after reviewing the application and supporting material including references submitted that in their judgement the applicant is not of good moral character or that the applicant is intemperate, or that the work habits of the applicant fail to reach the established and accepted standard of the City of Blair, or if for any other good sufficient reason in the judgement of the Commission, the applicant is undesirable as a public employee in the classified service. SECTION D RESIGNATIONS RULE D —1: Report of Resignation 1. The written resignation of any officer or employee from a position in the classified service shall be reported in writing to the Commission. RULE D — 2: Resignation by Abandonment of Position 1. The absence of an officer or employee from a duty for a period of three (3) successive days, or for a longer period of time, without leave or without notice to his superior officer of the reason of such absence and of his intention to return, shall be considered, in effect, resignation. SECTION E DEMOTION, SUSPENSION OR DISCHAGE OF NON-PROBATION EMPLOYEES RULE E – 1: An employee, is not to be removed, discharged, demoted, or suspended except for cause. 1. An employee shall not be removed, discharged, demoted or suspended, except upon written charges filed by the appointing power, or a member of the Commission relating to his efficiency, character, conduct or loyalty to the Government of the United States as herein before set out, and after he has had an opportunity to be heard in his own defense. RULE E – 2: Cause for Discharge, Demotion, or Suspension 1. The tenure of everyone holding a position, under the provision of these rules and regulations as established by the Commission, shall be only during good behavior. Any such person may be removed or discharged, suspended without pay, demoted, reduced in rank or deprived of vacation or other special privileges for any of the following reasons: a. Incompetency, inefficiency, or inattention to or dereliction of duty; b. Dishonesty, intemperance, 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 any willful violations of the provisions of this act or the rules and regulations to be adopted hereunder; c. Mental or physical unfitness for the position which the employee holds; d. Dishonest, disgraceful, immoral or prejudicial conduct; e. Drunkenness or the use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid or preparation to which an extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of any position under Civil Service; f. Conviction of a felony or misdemeanor, involving moral turpitude; g. Any other act or failure to act which, in the judgement of the Commission, is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. RULE E – 3: Insufficiency of Charges 1. The Commission reserves the right to pass insufficiency of the charges, and if the charges are held to be insufficient, indefinite, or for no precise meaning, the Commission may dismiss the charges. RULE E- 4: Procedure of Department Head Desiring to Discharge, Suspend or Demote Non-Probationary Employees 1. The Chief of the Police Department may discharge, suspend or demote Non-Probationary Employees pending the confirmation of such action by the regular appointing power. 2. Immediately upon such action, the Chief of Police shall notify the appointing power, in writing, of the action. The appointing power shall reject or confirm such action. If the action is confirmed by the appointing power, the Commission and the Employee shall be notified immediately in writing. 3. The Commission shall then review the action taken by the appointing power within three (3) days. RULE E – 5: Notice to Employee 1. The removal, demotion or discharge of any employee by the appointing authority shall not become effective until such appointing authority shall have first given such employee a written notice, which shall contain one (1) or more reasons or grounds as provided in the rules and regulations, together with such specifications of facts as shall enable said employee to make an explanation and allow him to prepare his defense if any. RULE E – 6: Notice of Time and Place of Hearing 1. If an employee who has been removed, suspended, demoted, or discharged wishes, he may, within ten (10) days from the time of his removal, suspension, demotion or discharge, file with the Commission a written demand for an investigation. 2. The ten (10) days time within which an employee who has been discharged, suspended, or demoted, may appeal to the Commission shall date from the time that a copy of the order for such discharge, suspension, or demotion, shall have been filed by the appointing authority with the Commission; but in no event shall the ten (10) day period commence to run, prior to the effective date of discharge, as set forth in the said order. 3. All notices sent to an employee or employees as well as the members of the Commission relating to orders for discharge, suspension or demotion, shall be sent to such persons by regular postal channels as registered mail with return receipt requested. RULE E- 7: Investigations and Hearings by Commission 1. Upon receipt of the notice by an employee who has been discharged, suspended, or demoted, that he desires a hearing, the Commission shall conduct an investigation and hold a hearing. No such investigation shall be held less than ten (10) days after serving or mailing the notice of the time and place of such an investigation to the employee and the appointing authority, unless the time has been waived by such an employee and the appointing authority. RULE E – 8: Hearings 1. All investigations made by the Commission pursuant to the provisions of this section shall be by public hearing after the reasonable notice set out above to the accused, of the time and place of the hearing. 2. At such hearing the accused shall be offered an opportunity of appearing, in person and by counsel, and presenting his defense. RULE E – 9: Appeal 1. If judgement or order of the appointing power be concurred in by the Commission or a majority thereof, as a result of a hearing, the accused may appeal therefrom to the District Court. Such appeal shall be taken within thirty (30) days after the entry of such judgement or order by serving the Commission with a written notice of appeal stating the grounds thereof and demanding that a certified transcript of the record of all papers, on file in the office of the Commission, affecting or relating to such judgement or order, be filed by the Commission with such court. 2. The Commission shall, within ten (10) days after filing of such notice, make, certify, and file such transcript with and deliver said papers to the District Court. RULE E – 10: Reinstatement 1. If the Commission shall find, after holding a public hearing as provided elsewhere in these rules and regulations, that a removal, suspension, or demotion was made for political or religious reasons or was not made in good faith for cause, order the immediate reinstatement or re-employment of such person in the office, place, position, or employment from which such person was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission, in its discretion, so provided, be retroactive and entitle such person to pay or compensation from time of such removal, suspension, demotion, or discharge. RULE E –11: Modified Order 1. The Commission upon such investigation in lieu of affirming the r removal, suspension, demotion, or discharge may modify the order of removal, suspension, demotion, or discharge by directing a suspension, without pay, for a given period, and the subsequent restoration of duty or demotion; the findings of the Commission shall be certified in writing to and enforced by the appointing power. SECTION F REDUCTION IN FORCE RULE F — 1: Personnel Layoffs 1. Whenever it is necessary to reduce the work force because of curtailment of expenditures, reduction in force, or similar cause, the first person laid off shall be the last employed in the lowest rank including probationers, within a department. 2. Such removal shall be accomplished by suspending in numerical order, commencing with the last person or persons appointed to the department, until such necessary reductions have been accomplished. RULE F — 2: Reinstatement after Reduction 1. When and if the said department shall again be increased in numbers, such persons suspended shall be reinstated before any new appointments to said department shall be made. SECTION G PROMOTIONS RULE G —1: Vacancies 1. Vacancies within positions which are considered promotions within the department and which are not filled by transfer, reinstatement or reduction shall be filled as far as practical by competitive promotional examinations, either written and/or oral. RULE G — 2: Examinations 1. An examination for promotion shall be conducted by and under the control and at the direction of the Commission or its Examiner. RULE G —3: Notices 1. Notice of an examination for the purposes of filling a promotional vacancy shall be posted with the department in which such a vacancy exists. Such notice shall be posted at least seven (7) days prior to the giving of the examination for such vacancy. The notice shall include the listing of the qualifications required for persons to be eligible to take the examination. 2. Applicants for promotional examinations shall submit an application to the secretary of the Commission prior to the deadline set out in the notice of the examination for such filing. RULE G — 4: Competitive Examination 1. In any promotional examination, the candidate shall be examined, either through the written examinations and/or oral examinations, on such matters as will fairly test his knowledge of the actual duties, responsibilities and requirements of the position to be filled and shall test his fitness and qualifications to discharge such duties and to meet such requirements. RULE G — 5: Physical Examination 1. Where a physical test is not included in the schedule for promotional examination, such test may be added by the Commission prior to the promotional examination. RULE G — 6: Grading 1. In order to enable the Commission to grade the applicants for promotion upon their past records and efficiency in the service, it shall have the right to call upon respective heads of departments and the applicant's superior officers to receive reports on the records of such applicant for promotion superior officers and department of the applicants will be expected to give information on the past performance, past service, and efficiency of said applicant's ability to fill the position for which the examination is held. RULE G — 7: Promotion Probation 1. Whenever an employee is promoted to a new position, his promotion shall be deemed as probationary for a period of 3 — 6 months, (depending upon his particular position) during which period, if he fails to perform the duties in a proper manner, the appointing power shall return him to the position he formerly had, and any other officers promoted to fill vacancies as a result of such probationary appointment shall be returned to their former position. SECTION H LEAVE OF ABSENCE RULE H —1: Granting a Leave of Absence 1. A leave of absence, without pay, may be granted by the appointing power to any person under Civil Service; provided, that such appointing power shall give notice of such leave to the Commission. RULE H — 2: Right to Leave of Absence 1. No employee shall have an absolute right to a "leave of absence" unless drafted into the military service, any grant of a "leave of absence" shall be under written terms agreed to by the appointing power and the employee. SECTION I TEMPORARY APPOINTMENTS RULE I – 1: Temporary Appointments of Lowest Classifications 1. In the event that there is no eligibility list for lowest classifications, within a department, and a requisition has been make to fill a vacancy therein, the Commission may authorize a temporary or provisional appointment. 2. A temporary or provisional appointment shall not continue for a period longer than four (4) months. 3. No person shall receive more than one provisional appointment or serve more than four (4) months as a provisional appointee in any one (1) fiscal year. RULE I – 2: Temporary Appointments for Promotional Positions within a Department 1. In the event that there is no eligibility list for a promotional position within a department, and a requisition has been made to fill a vacancy therein, the Commission may authorize a temporary or promotional appointment 2. A temporary or provisional appointment shall not continue for a period longer than four (4) months. 3. No person shall receive more than one provisional appointment or serve more than four (4) months as a provisional appointee in any one (1) fiscal year. RULE I – 3: Temporary Appointments during a Leave of Absence 1. Any appointments for temporary employment, resulting from such leave of absence, shall be made from the eligible list of the classified Civil Service, if such a list contains names of persons eligible for appointment. SECTION J TRANSFERS RULE J – 1: Transfers by Employees from one Classified Job to Another 1. Transfers between departments will not be allowed without the employee involved having followed the same procedure, set out elsewhere in these rules and regulations, which any person, not in a classified job, must follow to receive an appointment. SECTION K OBSTRUCTING EXAMINATIONS RULE K – 1: Obstruction by Defeat or Deceit 1. No Commissioner or any other person shall, by himself or in cooperation with one or more persons. defeat, deceive or obstruct any person in respect to the right of examination or registration, according to these rules and regulations. RULE K – 2 Obstructing by False Marking, Grading, Etc…. 1. No Commissioner or any other persons shall falsely mark, grade, estimate or report upon the examination and standing of any person examined, registered or certified according to these rules and regulations. RULE K – 3 Obstructing by Supplying Information 1. No Commissioner or any other person shall aid in so doing, make any false representation concerning the same or concerning the person examined, furnish any person any special or secret information, for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified or persuade any other person or permit or aid in any manner any other person to personate him, in connection with any examination, registration, application or request to be so examined or registered. SECTION L POLITICAL CONTRIBUTIONS RULE L – 1: Obligations for Political Contributions 1. No person holding any office, place, position or employment, subject to Civil Service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. RULE L – 2: No Penalty for Refusal to Contribute 1. No person shall be removed, reduced in grade or salary or otherwise prejudiced for refusing to contribute as set out in Rule I – 1 RULE L – 3 No Public Officer to Force Contribution 1. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under Civil Service, or promise or threaten to do so, for giving, withholding or neglecting to make any contribution of money, services or any other valuable thing for any political purpose. SECTION M ORGANIZATION RULE M – 1: The Commission shall hold regular meetings, at least once a month and at such other times as may be necessary RULE M – 2: Upon the appointment of a new Commissioner, the Commission shall organize by electing one of its members chairman. RULE M – 3: The Commission shall appoint some qualified person to serve as Secretary and Chief Examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction and perform such other duties as the Commission may prescribe. RULE M – 4: The Commission shall adopt rules and regulations and carry out its duties consistent with the laws of Nebraska. SECTION N NON-DISCRIMINATION RULE N – 1: No applicant shall be prohibited from seeking or procuring employment in the classified service by reason of race, sex religion, color, national origin or political affiliation nor shall any employee be denied promotional or transfer opportunity by reason of race, sex, religion, color, national origin or political affiliation. SECTION O AMENDMENTS RULE O – 1: These Rules and Regulations may be amended from time to time by a majority vote of the Commission. Notice of any proposed amendment shall be given to all Commissioners at least ten (10) days prior to the meeting where said proposed amendments shall be considered. Said notice shall be given by personal services or by regular mail and shall be deemed served when notice of said proposed amendments have been deposited in the U.S. Mails. The notice required herein may be waived by unanimous action of all three Commissioners. SECTION P PROCEDURE RULE P – 1: Minutes of Commission meetings shall be mailed to the Commissioners at their residents within three (3) working days of a Commission meeting. It shall be available to the public within ten (10) days unless the Commission or a Commissioner proposes a correction to the same. Said proposed correction must be concurred in by two (2) Commissioners and the concurrence thereof may be obtained through telephonic inquiry. RULE P – 2: All meetings of the Commission, shall be conducted in accordance with the latest and current Robert’s Rules of Order. RULE P – 3: Formal proceedings and hearings and investigations of any nature exclusive or regular meetings shall be conducted in accordance with the procedural practice and Rules of Civil Procedure in the District Court of Nebraska. CIVIL SERVICE COMMISSION STATE STATUTES 19-1801. Civil Service Commission; applicability; members; appointment; compensation; term; removal; appeal; quorum; cities of the second class and villages, vote required. (1) There is hereby created, in every city in the State of Nebraska having a population of more than five thousand inhabitants and having a full paid fire or police department or a fire or police department having paid members, a Civil Service Commission which shall be composed of three (3) persons; PROVIDED, Sections 191801 to 19-1823 shall not apply to cities with a population in excess of forty thousand which have adopted or which hereafter adopt a home rule charter under and pursuant to Sections two (2) to five (5), inclusive, of Article XI of the Constitution of this State. Any city or village having a population of five thousand or less may come within the provisions of Sections 19-1801 to 19-1823 by a vote of the electors of such city or village. If any city of the first class which established a Civil Service Commission decreases in population to less than five (5) thousand, as determined by the latest Federal Census, and continues to have a full paid fire or police department or a fire or police department having paid members, the Civil Service Commission shall be continued for at least two (2) years, and thereafter continued at the option of the local governing body of such city. The members of such Commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a Mayor, City Manager, Council, Commission, or otherwise, is or are vested by law with the power and authority to select, appoint, or employ the Chief of a fire or police department in any such city prior to April 1, 1957. (2) The members of the Civil Service Commission, referred to in sub-sections one (1), three (3) and four (4) of this section, shall serve without compensation. No person shall be appointed a member of such Commission who is not a citizen of the United States, a resident of such city for at least three (3) years immediately preceding such appointment, and an elector of the county wherein such person resides. The term of office of such Commissioners shall be for six (6) years, except that the first three (3) members of such Commission shall be appointed for different terms, as follows; One to serve for a period of two (2) years, one to serve for a period of four (4) years and one to serve for a period of six (6) years. (3) Any member of the Civil Service Commission referred to in sub-sections one (1), two (2), and four (4) of the section, may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause by the appointing power; PROVIDED, that no member of the Commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the appointing power; AND PROVIDED FURTHER, that the Commissioner so removed shall have the right to appeal to the District Court of the County in which such Commission is located, which court shall thereupon proceed to hear and determine such appeal in a summary manner. Such an appeal shall be only upon the ground that such judgement or order of removal was not made in good faith for cause and the hearing on such appeal shall be confined to the determination of whether or not it was so made. (4) The members of the Civil Service Commission, referred to in sub-sections one (1), two (2), and three (3) of this section, shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by sections 19- 1801 to 19-1823. Two (2) members of such Commission shall constitute a quorum. The concurring votes of two (2) members of such Commission shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the Commission, under or by virtue of the provisions of Sections 19-1801 to 19-1823. Confirmation of the appointment or appointments of Commissioners, made under the provisions of subsection one (1) of this section, by any legislative body shall not be required. At the time of any appointment, not more than two (2) Commissioners, including the one or ones to be appointed, shall be adherents of the same political party. 19-1802. Civil Service Commission; application of act. The provisions of Sections 19-1801 to 19-1823 shall apply to all cities in the State of Nebraska having a paid fire or police department or a fire or police department having paid members, included under the provisions of subsection one (1) of Section 19-1801. All present incumbents and future appointees of such fire or police departments shall be subject to Civil Service. 19-1803. Civil Service Commission; classified Civil Service; employees affected; appointment; promotion. The classified Civil Service and the provisions of Sections 19- 1801 to 19-1823 shall include all full-time employees of the fire or police department of each city coming within their purview, including the Chief of that department. All appointments to and promotions in such department shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation. If one (1) or more members of the department shall successfully complete all parts of the examination for a promotional position, any vacancy in such promotional position shall be filled by one (1) of such members of the department. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of Sections 19-1801 to 19-1823. 19-1803.01 Civil Service Commission; list of persons eligible for appointment or promotion; maintain. The Commission shall establish and maintain at all times a list of those eligible for appointment to or promotion within the department. Such list shall be established and maintained through the open competitive examinations required by Section 19-1803. Any person having satisfactorily passed the examination for any grade shall be placed on the list of those eligible for appointment or promotion to such grade. 19-1804. Civil Service Commission; organization; monthly meetings; Chief Examiner; appointment; discharge; duties of Commission; enumeration. Immediately after the appointment of the Commission, and thereafter upon the appointment of a new Commissioner, the Commission shall organize, by electing one (1) of its members chairman. It shall hold regular meetings, at least once a month, and such additional meetings as may be required for the proper discharge of its duties. It shall appointment some person as Secretary and Chief Examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe. The Secretary and Chief Examiner shall be appointed as a result of a competitive examination, which may be either original and open to all properly qualified citizens of the city, town or municipality or promotional and limited to persons already in the service of the fire or police department or some other department of said city, as the Commission may decide. The Secretary and Chief Examiner may be subject to suspension, reduction or discharge in the same manner and subject to the same limitations as are provided in Sections 19-1801 to 19-1823 for members of the fire or police department. It shall be the duty of the Civil Service Commission to: (1) Make suitable rules and regulations not inconsistent with the provisions of Sections 19-1801 to 19-1823. Such rules and regulations shall provide in detail the manner in which examinations may be held, appointments, promotions, transfers, reinstatements, demotions, suspensions, and discharges may be made and for any other matters which may be considered desirable to further carry out the general purposes of Sections 19-1801 to 19-1823 or found to be in the interest of good personnel administration. Such rules and regulations, and any amendments thereto, shall be printed, mimiographed, or multigraphed for free public distribution and may be changed from time to time; (2) Provide that all tests shall be practical and consist only of subjects which will fairly determine the capacity of persons, who are to be examined, to perform the duties of the position to which an appointment is to be made and may include tests of physical fitness and of manual skill; (3) Provide, by rules and regulations, for a credit of ten percent in favor of all applicants, for an appointment under Civil Service, who, in time of war or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States, including the Army, Navy, and Marine Corps. These credits shall only apply to entrance examinations; (4) Make an investigation concerning and report upon all matters touching the enforcement and effect of the provisions of Sections 19-1801 to 19- 1823 and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions, and employment's affected by Sections 19- 1801 to 19-1823; and ascertain whether Sections 19-1801 to 19-1823 and all such rules and regulations are being obeyed. Such investigations may be made 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. 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 witnesses and the production by 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 deposition in civil actions in the courts of this state. The oaths administered and subpoenas issued by the District Courts of Nebraska. The failure of any person so subpoenaed to comply therewith shall be deemed a violations of Sections19-1801 to 19-1823, and be punishable as such; (5) Provide that all hearings and investigations, before the Commission, designated Commissioner, or Chief Examiner, shall be governed by Sections 19-1801 to 19-1823 and the rules of practice and procedure to be adopted by the Commission. In the conduct thereof, they shall not be bound by the technical rules of evidence. No informality in any proceedings or hearing or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the Commission; PROVIDED, 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 whatsoever unless and until it is concurred in by at least one (1) of the other two (2) members; (6) Hear and determine appeals or complaints respecting the administrative work of the personnel department, the allocation of positions, the rejection of an examination, and such other matters as may be referred to the Commission; (7) Establish and maintain, in card or other suitable form, a roster of officers and employees; (8) Provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof, establish eligible lists for the various classes of positions. Provide that men laid off, because of curtailments of expenditures, reduction in force, or similar causes, shall be the last man or men, including probationers, that have been appointed to said fire or police department. Such removal shall be accomplished by suspending in numerical order, commencing with the last person or persons appointed to the fire or police department, until such necessary reductions have been accomplished. When and if the said fire or police department shall again be increased in numbers, such firemen or policemen suspended, under t he terms of Sections 19-1801 to 19-1823, shall be reinstated before any new appointments to said fire or police department shall be made. (9) Certify, on a written request, when a vacant position is to be filled to the appointing authority the name of the person highest on the eligible list for the class. If there is no such list, to authorize a provisional or temporary appointment list of such class. Such temporary or provisional appointment shall not continue for a period longer than four (4) months. No person shall receive more than one (1) provisional appointment or serve more than four (4) months as a provisional appointee in any one (1) fiscal year; and (10) Keep such records as may be necessary for the proper administration of Sections 19-1801 to 19-1823. 19-1805. Fire or police department; present members eligible to permanent appointment without examination. For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of Sections 19-1801 to 19-1823 all persons holding a position in the fire or police department of any such city, including the Chiefs thereof, on August 29, 1943, and who shall have served continuously in such position for a period of at least six (6) months last past, are hereby declared eligible for permanent appointment, and not on probation, under Civil Service to the offices, places, positions, or employment which they shall then hold, respectively without an examination or other act on their part; every such person is hereby automatically adopted and inducted permanently into Civil Service and into such office, place, position, or employment which such person then holds as completely and effectually, to all intents and purposes; as if such person had been permanently appointed thereto, under Civil Service after an examination and investigation. 19-1806. Civil Service; applicant for position; qualifications; waiver of residence requirement. An applicant for a position of any kind under Civil Service must be able to read and write the English language, a resident of said city for at least one (1) year last past, of good moral character and of temperate and industrious habits; PROVIDED, that the Commission may, at its discretion, waive the requirement that the applicant be a resident of such city. These facts are to be ascertained in such a manner, as the Commission may deem advisable. 19-1807. Civil Service; employees; discharge; demotion; grounds. The tenure of everyone holding an office, place, position, or employment, under the provisions of Sections 19-1801 to 19-1823, shall be only during good behavior. Any such persons may be removed or discharged, suspended without pay, demoted, reduced in rank or deprived of vacation or other special privileges for any of the following reasons. (1) Incompetency, inefficiency or inattention to or dereliction of duty; (2) Dishonesty, intemperance, 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 any willful violation of the provisions of Sections 191801 to 19-1823 or the rules and regulations to be adopted hereunder; (3) Mental or physical unfitness for the position which the employee holds; (4) Dishonest, disgraceful, immoral or prejudicial conduct; (5) Drunkenness or the use of intoxicating liquors, narcotics or any other habit-forming drug, liquid or preparation to such an extent that use thereof interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of any position under Civil Service; (6) Conviction of a felony or misdemeanor, involving moral turpitude; (7) Any other act or failure to act which, in the judgement of the Civil Service Commissioners, is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. 9-1808. Civil Service; employees; discharge; demotion; procedure; investigation; appeal. No person in the classified Civil Service; who shall have been permanently appointed or inducted into Civil Service under the provisions of Sections 19-1801 to 19- 1823, shall be removed, suspended, demoted, or discharged except for cause and then only upon the written accusation of the appointing power or any citizen or taxpayer. A written statement of such accusation, in general terms, shall be served upon the accused and a duplicate filed with the Commission. The Chief of the fire or police department may suspend a member, pending the confirmation of the suspension by the regular appointing power under Sections 19-1801 to 19-1823. The Commission must act upon the same within three (3) days. Any person so removed, suspended, demoted, or discharged may, within ten (10) days from the time of his removal, suspension, demotion, or discharge, file with the Commission a written demand for an investigation, whereupon the Commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether or not such removal, suspension, demotion, or discharge was made for political or religious reasons and in good faith for cause. After such investigation the Commission may, if in its estimation the evidence is conclusive, affirm the removal. If it shall find 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 reemployment of such person in the office, place, position, or employment from which such person was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides be retroactive and entitle such person to pay or compensation from the time of such removal, suspension, demotion, or discharge. The Commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and the subsequent restoration to duty or demotion in classification, grade, or pay. The findings of the Commission shall be certified in writing to and enforced by the appointing power. All investigations made by the Commission, pursuant to the provisions of this section, shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing. Such hearing shall be held not less than ten (10) days nor more that twenty (20) days after filing of the written demand therefor and a decision shall be rendered no later than ten (10) days after the hearing. At such hearing the accused shall be afforded an opportunity of appearing, in person and by counsel, and presenting his defense. If such judgement or order be concurred in by the Commission or a majority thereof, the accused may appeal there from the District Court. Such appeal shall be taken within thirty (30) days after the entry of such judgement or order by serving the Commission with a written notice of appeal stating the grounds thereof and demanding that a certified transcript of the record and all papers, on file in the office of the Commission affecting or relating to such judgement or order, be filed by the Commission with such court. The Commission shall, within ten (10) days after the filing of such notice make, certify, and file such transcript with and deliver said papers to the District Court. The District Court shall thereupon proceed to hear and determine such appeal in a summary manner; PROVIDED, that such hearing shall be confined to the determination of whether or not the judgement or order of removal, discharge, demotion, or suspension, made by the Commission, was made in good faith for cause. No appeal to such court shall be taken except upon such ground or grounds. 19-1809. Civil Service; officers and employees; duty to assist Commission; production of books and documents. It shall be the duty of all officers and employees of any such city to aid, in all proper ways, the carrying out of the provisions of Sections 19- 1801 to 19-1823 and such rules and regulations as may, from time to time, be prescribed by the Commission thereunder, to afford the Commission, its members and employees, all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employment's, subject to Civil Service, to produce said books, papers, documents and accounts and to attend and testify, whenever required to do so by the Commission or any Commissioner. 19-1810. Civil Service; vacancies; procedure. Whenever a position in the classified service becomes vacant, the appointing power shall make requisition upon the Commission for the names and addresses of the persons eligible for appointment thereto. The Commission shall certify the names of the persons willing to accept such employment who are the three (3) highest on the eligible list for the class to which the vacant position has been allocated. If less than three (3) names are on the eligible list the Commission shall certify the number that does appear. If there is no appropriate eligible list for the class, the Commission shall certify in the manner aforesaid the names of the persons on its list who are held appropriate for such class. If more than one (1) vacancy is to be filled, an additional name, if available, shall be certified for each additional vacancy. The appointing power shall forthwith appoint one (1) of such persons to such vacant position or positions. Whenever a requisition is to be made or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the Commission shall forthwith certify the names of the persons eligible for appointment to the appointing power and said appointing power shall forthwith appoint one (1) of the persons so certified to said position. No person so certified shall be laid off, suspended, given leave of absence from duty, transferred or reduced in pay or grade, except for reasons which will promote the good of the service, specified in writing, and after an opportunity has been given such person to be heard by the Commission and then only with the consent and approval of the Commission. To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment, or promotion, in any position in the classified service, shall be deemed complete until after the expiration of a period of three (3) to six (6) months; probationary service, as may be provided in the rules of the Civil Service Commission, during which time the appointing power may terminate the employment of the person appointed by it if, during the performance test thus afforded and upon an observation or consideration of the performance of duty, the appointing power deems such person unfit or unsatisfactory for service in the department. Whereupon the appointing power shall appoint one of the other persons certified by the Commission and such person shall likewise enter upon said duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefore and then the appointment, employment or promotion shall be deemed to be complete. 19-1811. Civil Service; positions and employment's; persons vested with authority to create. All offices,- places, positions and employment's, coming within the purview of Sections 19-1801 to 19-1823, shall be created by the person or group of persons who, acting singly or in conjunction, as a Mayor, City Manager, Council, Commission or otherwise is or are vested by law, at and prior to August 29, 1943, with power and authority to select, appoint or employ any person coming within the purview of Sections 19-1801 to 19-1823. Nothing herein contained shall infringe upon the power and authority of any such person, group of persons or appointing power, to fix the salaries and compensation of all employees employed hereunder. 19-1812. Civil Service; employees; salaries; no payment without certificate of Commission. No treasurer, auditor, controller or other officer or employee of any city, town or municipality, in which Sections 19-1801 to 19-1823 are effective, shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage or other compensation for services to any person, subject to the jurisdiction and scope of Sections 19-1801 to 19-1823, unless a payroll, estimate or account of such salary, wage or other compensation, containing the names of the persons to be paid, the amount to be paid to each such person, the services, on account of which same is paid, and any other information which, in the judgement of the Civil Service Commission, should be furnished on said payroll, bears the certificate of the Civil Service Commission, its Secretary or other duly authorized agent, that the persons named in such payroll, estimate or account have been appointed or employed in compliance with the terms of Sections 19-1801 to 19-1823 and with the rules of the Commission, and that the said payroll, estimate or account is, so far as known to the said Commission a true and accurate statement. The Commission shall refuse to certify the pay of any public officer or employee, whom it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who shall willfully, or through culpable negligence, violate or fail to comply with Sections 19-1801 to 19-1823 or with the rules of the Commission. 19-1813. Civil Service; leave of absence. A leave of absence, without pay, may be granted by any appointing power to any person under Civil Service; PROVIDED, that such appointing power shall give notice of such leave to the Commission. All appointments for temporary employment, resulting from such leave of absence, shall be made from the eligible list of the classified Civil Service. 19-1814. Civil Service Commission; conduct or litigation. It shall be the duty of the Commission to begin and conduct all Civil suits which may be necessary for the proper enforcement of Sections 19-1801 to 19-1823 and of the rules of the Commission. The Commission shall be represented in such suits by the City Attorney but said Commission may also be represented by special counsel appointed by it in any particular case. 19-1815. Civil Service; obstructing examinations. No Commissioner or any other person shall, by himself or in cooperation with one or more person, defeat, deceive or obstruct any person in respect to the right of examination or registration, according to the rules and regulations made pursuant to Sections 19-1801 to 19-1823, falsely mark, grade, estimate or report upon the examination and standing of any person examined, registered or certified, in accordance with the provisions of Sections 19-1801 to 19-1823 or aid in so doing, make any false representation concerning the same or concerning the person examined, furnish any, person any special or, secret information, for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination, registration, application or request to be so examined or registered. 19-1816. Civil Service; political service disregarded. No person holding any office, place, position, or employment, subject to Civil Service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in grade or salary or otherwise prejudiced for refusing so to do. No public officer whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under Civil Service, or promise or threaten to do so, for giving, withholding or neglecting to make any contribution of money, services or any other valuable thing for any political purpose. 19-1817. Cities; duty to enact appropriate legislation; failure, effect. The various cities affected by the provisions of Sections 19-1801 to 19-1823 shall, immediately upon the taking effect thereof on August 29, 1943, enact appropriate legislation for carrying it into effect. The failure of the duly constituted authorities of any such city to do so shall be considered a violation of Section 19-1801 to 19-1823 and be punishable as such. 19-1818. Cities; duty to provide quarters and equipment; failure; effect. The duly constituted authorities of each and every city, coming within the purview of Sections 19- 1801 to 19-1823, shall provide the Commission with suitable and convenient rooms and accomodations and cause the same to be furnished, heated, lighted and supplied with all office supplies and equipment necessary to carry on the business of the Commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such city coming within the purview of Sections 1911801 to 19-1823; and the failure, upon the part of the duly constituted authorities to do so, shall be considered a violation of Sections 19-1801 to 19-1823 and shall be punishable as such. 19-1819. Cities; duty to create Commission; failure; effect. Within ninety days after August 29, 1943, it shall be the duty of the duly constituted authorities in each such city, subject to the provisions of Section 19-1801 to 19-1823, to appoint and create a Civil Service Commission, as provided for in Section 19-1801, and the failure, upon the part of said duly constituted authorities, or any of them, to do so, shall be deemed a violation of Sections 19-1801 to 19-1823 and shall be punishable as such. 19-1820. Commission; duty to organize; to make rules; failure; effect. It shall be the duty of each Commission, appointed subject to the provisions of Sections 19-1801 to 19- 1823, to immediately organize and make suitable rules and regulations, not inconsistent with the purpose of Sections 19-1801 to 19-1823, for the purpose of carrying. into effect the provisions of Sections 19-1801 to 19-1823. The failure upon the part of said Commission, or any individual member thereof, to do so shall be deemed a violation of Sections 19-1801 to 19-1823 and shall be punishable as such. 19-1821. Cities; duty to make appropriation. It shall be the duty of each city, town or municipality, coming within the provisions of Sections 19-1801 to 19-1823, to appropriate each fiscal year, from the general funds of such city, town or municipality, a sum of money sufficient to pay the necessary expenses involved in carrying out the purpose of Sections 19-1801 to 19-1823. 19-1822. Violations; penalty. Any person who shall willfully violate any of the provisions of Sections 19-1801 to 19-1823 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars, or by imprisonment in the county jail for not longer than one (1) year, or by both such fine and imprisonment. 19-1823. Definitions. As used in Sections 19-1801 to 19-1823, unless the context otherwise requires; (1) Commission shall mean the Civil Service Commission, herein created, and Commissioner shall mean any one (1) of the three (3) Commissioners of that Commission: (2) Appointing power shall mean every person or group of persons who, acting singly or in conjunction, as a Mayor, City Manager, Council, Commission, or otherwise, is or are vested by law with power and authority to select, appoint or employ any person to hold any office, place, position, or employment subject to Civil Service; (3) Appointment shall mean all means of selection, appointing, or employing any person to hold any office, place, position, or employment subject to Civil Service; (4) City shall mean all cities having a full paid fire or police department or a fire or police department having paid members except cities with a population in excess of forty (40) thousand which have adopted or which hereafter adopt a home rule charter under sections two (2) to five (5) inclusive of Article XI of the Constitution of this state, as set fourth in subsection one (1) of Section 19-1801; and (5) Full paid fire or police department or fire or police department having paid members means a fire or police department in which the officers and firemen are paid regularly by the city and devote their whole time to firefighting or law enforcement. 19-1824. Police; firefighters; cities having a population of more than ten thousand inhabitants; minimum salaries. The officers and members of the police and paid fire departments of cities of the metropolitan and primary classes and of cities of the first class having a population of more than ten thousand inhabitants shall each receive a salary of not less than three hundred fifty dollars per month. The City Council may, by ordinance, at any time, change, fix or revise the salaries of the officers or members of the police and fire department of such cities, but in no instance shall the minimum salary of any officer or member be less than three hundred fifty dollars per month. ORDINANCE NO. 1427 AN ORDINANCE CREATING AND ESTABLISHING RULES AND REGULATIONS CONCERNING THE CIVIL SERVICE AST AND THE CIVIL SERVICE COMMISSION OF THE CITY OF BLAIR, DEFINING THOSE PERSONS COVERED BY THE CIVIL SERVIICE ACT, THE COMOSITION, MEMBERSHIP, COMPENSATION, AND COMMISSION, PROVIDING FOR EXAMINATIONS, POWERS AND DUTIES OF THE CIVIL SERVICE ACT,A DN PROVISIONS FOR DISCIPLINARY ACTION AND PROCEDURES IN CONNECTION THEREWITH, REPALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY PRINTING OF SAME IN PAMPHLET FORM, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the following rules and regulations are hereby established concerning the Civil Service Act and the Civil Service Commission of the City of Blair, Nebraska: ARTICLE I. IN GENERAL Section 1. Positions Covered. The Civil Service Act shall apply only to all present full-time police officers of the City, including any paid full-time police of such department, and future appointees to such full-time positions. Full-time police officers shall mean police officers 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, but shall not include clerical, custodial, or maintenance personnel. Section 2. Position Creation and Elimination. All positions subject to the Civil Service Act shall be created or eliminated by the Mayor and Council. Section 3. Establishment of Salaries and Compensation. The Civil Service Act shall not be constructed to infringe upon the power and authority of the Mayor and Council to establish salaries and compensation of all employees. Section 4. Payment of Compensation for Services. No treasurer, auditor, comptroller, or other officer or employee of the City shall, subject to the Civil Service Act, approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of the civil service Act unless the person to receive such salary, wage, or other compensation has been appointed or employed in compliance with such Act. Section 5. City's Duty to Commission. The Mayor and Council shall provide the Commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the Commission and with such clerical assistance as may be necessary. It shall be the duty of the city to appropriate each fiscal year, from the general funds of the City, a sum of money sufficient to pay the necessary expenses involved in carrying out the purpose of such act, including, but not limited to, reasonable attorney's fees for any special counsel appointed by the City Administrator to represent the Commission. The City Administrator may establish the hourly or monthly rate of pay of such special counsel. The City shall afford the commission, its members and employees, all reasonable facilities and assistance to inspect all books, papers, documents, and accounts applying or in any way appertaining to any and all positions and employments subject to Civil Service and shall produce such books, papers, documents and accounts. All City officers and employees shall attend and testify whenever required to do so by the Commission, the accused, or the City Administrator. Section 6. Political. Fund Contribution and Political Service. No person holding any position subject to Civil Service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in position or salary or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under Civil Service, or promise or threaten to do so for giving, withholding, or neglecting to make any contribution of money, services, or any valuable thing for any political purposes. Section 7. Obstructing Examinations. No commissioner or any other person shall by himself or herself or in cooperation with one or more persons (1) defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regulations made pursuant to the Civil Service Act, (2) falsely mark, grade, estimate, or report upon the examination and standing of any such person examined or certified in accordance with such act or aid in so doing, (3) make any false representation concerning the dame or concerning the persons examined, (4) furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined or certified to be examined or certifies, or, (5) persuade any other person or permit or aid in manner any other person to impersonate him or her in connection with any examination, application, or request to be so examined. ARTICLE II. CIVIL SERVICE COMMISSION Section 1. Civil service Commission Created. There is hereby created in the City, a Civil Service Commission which shall have three (3) members who shall each be a citizen of the United States, a resident of such City for at least three years immediately preceding such appointment, and an elector of the county wherein such person resides. Section 2. Appointment of Members. The members of the Civil Service Commission shall be appointed by the Mayor with the advice and consent of the City Council. At the time of any appointment, not more than two members of the Civil Service Commission, including the one or ones to be appointed, shall be Commission electors of the same political party. Section 3. Members' Term of Office. All persons appointed to the civil Service Commission at the time of the passage of this ordinance shall remain in such position for the remainder of their term. A term of appointment shall be for six (6) years. Section 4. Removal from Office. Any member of the Civil Service Commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the Mayor with the advise and consent of the City Council, except that no member of the Civil Service Commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the Mayor and City Council. Section 5. Compensation of Members. Members of the Civil Service Commission shall serve without compensation. Section 6. Meetings. The Civil Service Commission shall hold meetings as may be required for the proper discharge of its duties. Section 7. Chairperson. The Civil Service Commission shall annually elect one of its members as chairperson. Section 8. Secretary and Chief Examiner. The Civil Service Commission shall appoint a secretary and a chief examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe. The Commission may merge the positions of secretary and chief examiner and appoint one person to perform the duties of both positions. The secretary and chief examiner shall be subject to suspension or discharge upon the vote of a majority of the appointed members of the Commission. Section 9. Quorum. Two (2) members shall constitute a quorum for the transaction of business. Section 10. Powers and duties. (a) The Commisssion shall adopt and promulgate procedural rules and regulations which shall provide in detail the manner in which examinations may be held and any other matters assigned to it by the City Administrator or Mayor At least one copy of the rules and regulations and any amendments shall be given to each full-time police officer. (b) the commission shall provide that all tests shall be practical the armed forces of the United States and who have equaled or exceeded the minimum qualifying standards established by the City Administrator. (d) The Commission may conduct an investigation concerning and report upon all matters regarding the enforcement and effect of the Civil service Act and the rules and regulations prescribed. (e) The Commission may inspect all institutions, departments, positions, and employments affected by such act to determine whether such act and all rules and regulations are Commission, including the vote of any Commissioner making the investigation. (g) The Commission shall establish and maintain a roster of officers and employees. (h) The Commission shall provide for, establish, and hold competitive tests to determine the relative qualifications of persons who seek employment in any position and, as a result thereof, establish eligible lists for thevarious positions. (i) The Commission shall make recommendations concerning a reduction in force policy to the Mayor and Council but the Mayor and Council shall not be bound by such recommendations. (j) The commission shall keep such records as may be necessary for the proper administration of the Civil Service Act. (k) The Commission, upon request of the City Administrator, shall establish and maintain a list of names and addresses, for a period of time established by the City Administrator, of these eligible for appointment to or promotion within the department. (1) The Commission, upon request of the City Administrator, shall certify the names of the persons who are the highest on the eligible list as required by the statutes of the State of Nebraska, following the most recent examination, and whose qualifications have be n validated by the Commission for the vacant position. (m) The Commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of the civil Service Act and of the rules of the Commission. The Commission may be represented in such suits and all investigations pursuant to the Act 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 it in any particular case. ARTICLE III. CIVIL SERVICE PROVISIONS. Section 1. Appointments and Promotions. All appointments to and promotions in the police department shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation by the Commission. Appointments shall mean all means of selecting, appointing, or employing any person to hold any position or employment subject to Civil Service. Promotion or demotion shall mean changing from one position or another, accompanied by a corresponding change in current rate of pay. Position shall mean an individual job which is designated by an official title indicative of the nature of the work. Section 2. Requirements for Civil service position applicants. An applicant for a position on any kind under Civil Service, shall be able to read and write the English language, meet the minimum job qualifications of the position as established by the City Administrator, and be of good moral character. An applicant shall be required to disclose his or her past employment history and his or her criminal record, if any. Prior to certifying to the Mayor the names of the persons eligible for the position or positions, the Commission shall validate the qualifications of such persons. Section 3. Filling of Vacant Positions. (a) If the Mayor fills a vacancy in a position subject to the Civil service Act he or she shall consider factors including, but not limited to: (1) The multiple job skills recently or currently being performed by the applicant which are necessary for the position; (2) The knowledge, skills, and abilities of the applicant which are necessary for the position; (3) The performance appraisals of any applicant who is already employed in the department, including any recent or pending disciplinary actions involving the employee; (4) The employment policies and staffing needs of the department together with contracts, ordinances, and statutes related thereto; (5) Required federal, state, or local certifications or licenses necessary for the position; and (6) The qualifications of the applicants who are already employed in the department and have successfully completed all parts of the examination for the position. No person shall be reinstated in or transferred, suspended, or discharged from any such position or employment contrary to the Civil Service Act. (b) Procedure for Filling Vacant Positions. Whenever a position subject to the Civil Service Act becomes vacant, the Mayor shall make requisition upon the commission for the names and addresses of the persons eligible for appointment and may decline to fill such vacancy for an indefinate period. If the Commission certifies fewer than three (3) names for each vacancy to the Mayor, the Mayor may appoint one (1) of such persons to fill the vacancy, may decline to fill the vacancy, or may order that another examination be held by the civil service Commission. (c) Temporary Appointments. If a vacancy occurs and there is no eligible list for the position of 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 that four (4) months. No person shall receive more than one (1) temporary appointment or serve more than four (4) months as a temporary appointee in any one (1) fiscal year. Section 4. Probationary Period. to enable the Mayor to exercise the choice in the filling of positions, no appointment, employment, or promotion in any position in the service shall be deemed complete until after the expiration of a period of not less than six (6) months nor more than one (1) year after certification by the Nebraska Law Enforcement Training Center for police officers, during which time the Mayor may terminate the employment of the person appointed by him or her if, during the performance test thus afforded and upon an observation of consideration of the performance of duty, the Mayor deems such person unfit or unsatisfactory for service in the department. The Mayor may appoint one (1) of the other persons certified by the commission and such person is found who is fit for appointment, employment or promotion for the probationary period provided and then the appointment, employment, or promotion shall be complete. Section 5. Disciplinary Actions. (a) Tenure of Employment. The tenure of a person holding a position of employment under the Civil Service Act shall be only during good behavior. (b) Causes for diciplinary Action. Any such person 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: (1) Incompetency, inefficiency, or inattention dereliction of duty; (2) Dishonesty, prejudicial conduct, immoralconduct