The purpose of Rule 2 is to describe the Civil Service Commission, the Human Resources Department, and the respective organization and responsibilities of each. For the purpose of these Rules, the Human Resources Department is defined as the Human Resources Director and his or her staff. (CSC 2/24/09)
There will be three Civil Service Commissioners appointed by the City's Executive Committee with the approval of City Council. The Executive Committee consists of the Mayor, the City Council President, and up to three additional members of City Council.
1. Their terms of office will be three years commencing with March 1st of the year of appointment. Any vacancies occurring otherwise will be only for the unexpired term. Commissioners will continue in office until their successors have been officially appointed.
2. The Executive Committee will file the name(s) with the City Clerk at least thirty days prior to the appointment.
3. An oath for the faithful discharge of duties will be administered by the City Clerk to each Commissioner prior to beginning their term of office.
4. A Commissioner shall not be eligible to apply for any position in the classified service during their term in office. (CSC 4-26-90)
Regular meetings of the Commission will be scheduled for the fourth Tuesday of each month; additional meetings may be held if necessary. The meetings will follow the guidelines below: (CSC 3-11-04)
1. An organizational meeting will be held in August of every year, or as soon thereafter as possible, for the purpose of electing the President and Vice President of the Commission.
2. Any scheduled meeting may be postponed with the consent of two Commissioners; notices of such postponements will be clearly and publicly posted in the Commission/Human Resources Department Office.
3. Two Commissioners constitute a quorum; the concurrence of two members will be necessary for any action or vote to carry.
4. Minutes of all meetings will be prepared and maintained by the Human Resources Director on behalf of and subject to the approval of the Commission.
5. The Civil Service Commission will meet at least once a year with the Executive Committee to review personnel management in the City.
1. Rule Making
The Civil Service Commission may make, amend, or repeal rules in order to promote sound human resource administrative practices, to promote efficiency of the service and to carry out the intent of the City Charter. (CSC 2/24/09)
The Civil Service Commission directs the Human Resources Department to administer the policies and procedures necessary to carry out the intent of the City Charter and Commission Rules.
a. The Civil Service Commission may investigate or direct the Human Resources Department to investigate the enforcement and the effects of the provisions of the Civil Service Chapter of the City Charter and the rules and regulations made under it. The investigations, which may be initiated by any Commissioner or the Human Resources Director, include the following:
1) Matters relating to the action of examiners and procedures followed during examinations;
2) Classification audits;
3) Payroll audits;
4) Any other such matters that fall within the scope of the City Charter, Chapter 19 and these Rules.
b. The Commission authorizes the Human Resources Department to conduct the above investigations. The investigations will include review of relevant documents or records as well as gathering information and testimony from all concerned parties.
c. In the course of investigations, each Commissioner will have power to issue subpoenas, to administer oaths, to compel attendance and testimony of witnesses and to require the production of books and papers if these are not made readily available to investigators.
The City Charter specifies that:
a. Applicants for a classified position who knowingly falsify an application or misrepresent their qualifications during the hiring process will forfeit the right to be placed on the register of eligible candidates. If an individual has already been appointed, the position will be forfeited. The person will not be eligible for any employment in the classified service, nor to take any of the examinations of the Commission for at least three years. (CSC 3/14/02)
b. Any member of the Commission will have power to file written charges against any employee in the classified service. Ten days after the written notice to the accused person, the remaining Commissioners will try the charges in the manner and with the powers prescribed under the Discipline Rule. If found guilty of breach of duty, the employee may be removed by the Commission and the employee's name may be stricken from the service register.
c. Any person who willfully testifies falsely during the course of an investigation or hearing may be charged with perjury.
d. Any person who refuses to obey the lawful subpoenas or directions of the Commission or any Commissioner may be charged with a misdemeanor.
e. The Commission may make complaint to the District Court of noncompliance of its subpoenas or orders and the court will prescribe notice to the accused and require compliance. Failure to obey the court may be construed as contempt of court.
The Human Resources Department consists of the Human Resources Director and a staff of qualified persons who have the responsibility of carrying out the provisions of Civil Service Commission Rules. The Director and Human Resources Department staff has the responsibility to:
A. Develop policies and procedures to administer these Rules, including but not limited to: recruitment, examination and certification of qualified applicants for open and promotional positions; evaluation and classification of positions; audit and verification of payroll; maintenance of employee records; coordination of employee job skill training programs; and perform other duties related to efficient human resource administration; (CSC 2/24/09)
B. Propose changes to the Rules based on developments in the fields of human resource and public administration; (CSC 2/24/09)
C. Serve as examiners for appropriate open/competitive examinations;
D. Work cooperatively with all City departments and other human resource functions in the City to provide a coordinated and effective Human Resource Management system; and (CSC 2/24/09)
E. Perform other duties or functions as specified in the Rules or as required by the Commission.
The Human Resources Director and his or her staff is authorized to receive and consider appeals relating to the administration of the Civil Service Chapter of the City Charter and these Rules. The Civil Service Commission has the final authority to determine whether or not the Human Resources Department's decision meets with the intent of the Rules and/or established policy and precedent. The following guidelines for appeals will be observed:
A. Format for Appeals
Appeals will be accepted for consideration only if they are specific as to the Commission Rule or Charter provisions allegedly violated.
B. Consideration of the Appeal
The Human Resources Department will investigate appeals based on the intent of Civil Service Rules, policies, and precedents and make a determination. If it is later determined that not all facts or points of view were considered, or for other good and sufficient reasons, the Commission may reconsider the staff determination in such appeals. In these cases, the appeal will be heard on the public agenda of the Commission's regular meeting.
No appeal will be reheard on a matter after it has appeared on the public agenda, and on which the Commission has already acted.
D. Time Limits
1. Appeals on rejection of an application or Not-Selected-for-Testing (NST) must be made in writing to the Human Resources Department and must be received within seven calendar days of the mailing of the rejection or NST notice.
2. Appeals related to any part (written, oral, practical, T & E, etc.) of an examination must be made in writing to the Human Resources Department within fifteen calendar days of the mailing of the grade notice; and must clearly specify the items or matters contested.
3. Appeals related to disciplinary action (i.e. a suspension of over thirty days, a permanent demotion [including salary decreases], or a discharge) may be appealed to the Commission within ten calendar days. Probationary employees have no appeal rights unless they are a qualified veteran, per Minnesota Statute 197.46, which gives veterans sixty calendar days to appeal. (See CSC Rule 11.06 - Appeal Rights of Employees) (CSC 4/23/98)
4. Appeals of any other nature must be made in writing within fifteen calendar days of the action or when the appellant would have reasonably been aware of the action.
E. Commission Action
The Commission will take remedial action necessary to preserve the intent of the Charter and these Rules.
F. Appeals Under a Labor Agreement
Appeals related to specific provisions of a labor contract will not be taken up for consideration by the Human Resources Department or heard by the Civil Service Commission unless specifically so allowed by the contract.
The Human Resources Department will verify and certify the City payrolls for the City's Finance Officer. It is the duty of the Human Resources Department to ensure that all classified employees are paid at their proper salary rates for the reported number of hours and are credited with the appropriate benefits.
The Human Resources Department will develop forms that City departments will use to notify Human Resources of any personnel changes or proposed personnel actions. Departments will use the proper forms and submit them to the Human Resources Department in a timely manner for their proper evaluation and use. (CSC 2/24/09)
The Human Resources Department will establish a records retention and disposal schedule that is in conformance with appropriate local, state, and federal regulations.
The Human Resources Department will establish a procedure for access to personnel records that conforms with appropriate local, state, and federal regulations. Unless otherwise specified in the law, employees will have access to review their own personnel records.
Last updated Sep. 27, 2011