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2019-01-09 Civil Service Rules and Regulations RR ULES AND EGULATIONS OF THE CSC IVIL ERVICE OMMISSION CB,N ITY OF LAIR EBRASKA Revised on April 19, 2017 Revised on August 10, 2017 Revised on January 9, 2019 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. 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. 3 City of Blair Civil Service Rules and Regulations 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. 4 City of Blair Civil Service Rules and Regulations 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 (6) 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. 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. 5 City of Blair Civil Service Rules and Regulations (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. 6 City of Blair Civil Service Rules and Regulations 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. 7 City of Blair Civil Service Rules and Regulations 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 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 8 City of Blair Civil Service Rules and Regulations 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. C. Taking of Applications. All persons desiring to apply for employment in a 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 applicant'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 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. 9 City of Blair Civil Service Rules and Regulations 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 APPENDIX A scored and reported to the 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 following review by the City Attorney. 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 candidate 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. 10 City of Blair Civil Service Rules and Regulations 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: (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 and Lateral Hire Full-Time Police Officer Positions. In lieu of the specific procedures set forth in these Rules and Regulations, the Commission may 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 or lateral hire 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 11 City of Blair Civil Service Rules and Regulations be the same as or different from the amount set forth in these Rules and Regulations. As provided in the Blair Municipal Code and 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. If the Commission chooses to recruit, examine and screen applicants for lateral hire 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 lateral entry 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 lateral full-time police officer positions. The Commission may, at the direction of the City Administrator advertise and screen for only lateral hire law enforcement positions or give preference in hiring for lateral hire law enforcement positions. Section 4.6 Probationary Period for Entry-Level and Lateral Hire 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 12 City of Blair Civil Service Rules and Regulations 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 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. 13 City of Blair Civil Service Rules and Regulations 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. (4) The list of classified jobs established by the City is as follows: a. Chief of Police b. Captain c. Sergeant d. Detective 14 City of Blair Civil Service Rules and Regulations (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 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. 15 City of Blair Civil Service Rules and Regulations 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. 16 City of Blair Civil Service Rules and Regulations 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 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 17 City of Blair Civil Service Rules and Regulations 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 18 City of Blair Civil Service Rules and Regulations after one (1) year. (2) Disciplines of suspension and demotion may be removed after four (4) years. 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. Notwithstanding Paragraph G above, the Chief of Police may keep all complaints, allegations, critical incident reports and investigations, or personnel actions at a secure location within the Blair Police Station. Only the Chief of Police or his or her Designee shall have access to these records. K . Demand for Investigation and Public Hearing. 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 L. City's Prehearing Statement. 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); M. Employee’s Prehearing Statement. 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. 19 City of Blair Civil Service Rules and Regulations 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). N. City's List of Rebuttal Evidence. 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. O. Deadlines Falling on Holidays. If any of the deadlines or time limits provided for inthis 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. P. Investigation by Commission. 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 20 City of Blair Civil Service Rules and Regulations documents should be subpoenaed by the Commission for the subsequent public hearing before . the Commission Q. Public Commission Hearing. (1) Scheduling Hearing. 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. (2) Notice of Hearing. 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. (3) Subpoenas. 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. (4) Commission's Legal Representation. 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. (5) Presentation of City's Case. 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. 21 City of Blair Civil Service Rules and Regulations 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. (6) Recording and Transcription. All testimony at the hearing shall be transcribed by a court reporter, the services of whom shall be obtained by the Secretary. R. Action of Commission. 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 dis- charged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle such person to 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. S. Certification of Commission's Findings. 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. T. Appeal from Decision of Commission. 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. U. Time Limits. 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. 22 City of Blair Civil Service Rules and Regulations 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 23 City of Blair Civil Service Rules and Regulations 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 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. 24 City of Blair Civil Service Rules and Regulations 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. 25 City of Blair Civil Service Rules and Regulations 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 VII. Prior Drug Use A. Use of Marijuana within the last 2 years -100 pts. 26 City of Blair Civil Service Rules and Regulations 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 27 City of Blair Civil Service Rules and Regulations 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 previous supervisors for the purpose of obtaining information concerning past performance. The investigator, subject to review by the Police Chief or his/her 28 City of Blair Civil Service Rules and Regulations 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.) 29 City of Blair Civil Service Rules and Regulations 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 six (6) months 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 (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. 30 City of Blair Civil Service Rules and Regulations 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 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. 31 City of Blair Civil Service Rules and Regulations 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. 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. 32 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______. 33 City of Blair Civil Service Rules and Regulations ____________________________________________________________ Notary Public 34 City of Blair