HomeMy WebLinkAboutOrdinance 159A~ ORDINANCE TO ESTABLISH A ~OMMI$SION TO HOLD HEARINGS
AND PASS ON THE DISCHARGE OF CITY EMPLOYEES.
THE CITY OF COLUMBIA ~IGETS DOES ORDAIn: ~
Section 1. Commission Created. A Commission of five members is
hereby created to be known as the ~erit System CommissiOn~l. Said commission
shall be chosen by the City Council for terms of one, two, t~Lree, four and
five years respectively, all of whom shall be freeholders and residents of the
City of Columbia Heights, and shall serve without compensation; provided that
at the expiration of the terms of office of the members of the first commissic~
their successors shall be appointed for a term of five years. All vacancies
caused by removal from the city, resignation or otherwise, shall be filled by
the City Council for the unexpired term caused by such vacancy. Each commissioner
before entering upon the duties of his office shall subscribe and file with the
city clerk an oath for the faithful discharge of his duties.
Section 2. MeetinE of CommtssiSn. The Commission shall first meet
immediate,%y after its appointment and thereafter on the first Monday in June
of each year. At its first meeting it shall elect a secre~ury from. among its
members. The Chairman of the Commission shall be the member who shall have
but one year to serve. In addition to such meetings it shall hold meetings
whenever it shall be necessary so to do to carry out the pturposes of this
ordinance.
Section 5. Duties of Commission. It shall be the duty of the
Commission to hold public hearings as hereinafter provided upon the request of
any city employee, hereinafter authorized to request such a hearing, to invest-
igate and determine the justifiability of his or her discharge or suspension.
Section 4. Certain Emoloyees_ May Demand Hearing. Any suspended or
discharged city employee, except the City Manager, who shall have been in ~the
employ of the City, under the jurisdiction of the City Manager, for a period of
six months or more~ immediately preceding his discharge or suspension, may
file with the secretary of the Con~nission a written demand for a oublic
hearing and investigation into the causes of such discharge or suspension.
Section 5. Procedure for EearinE. Upon receipt of any written
demand for hearing as above provided, the secretary of the Commission shall
instruct the City Nanager or other discharging or suspending official, to
file with the Commission, within ten days from receipt of such instructions,
a written statement setting forth the causes, for such discharge or suspension.
Upon the filing of such statement by the disch~mging or suspending official,
the Commission shall order a public, hearing to be held not less than ten or
more th~n twenty days after the service upon the discharged or suspended
employee of a copy of th® charges filed with the commission. Notice of the
time and place of such hearing shall be served upon the discharged or sus-
pended employee and the discharging or suspending Official within five days
of the holding of such hearing.
Section 6. Commission to Render Decision Within Ten Days. Within
ten days after the completion of the hearing the Commission shall m~dce and
file written findings with the City Clerk. The findings of the Commission
shall direct either that the employee shall be reinstated or the discharge
or suspension confirmed. Upon the filing of an order that the suspended or
discharged employee be reinstated the Commission may in its discretion order
that the amployee be paid any portion or all of the w~es lost during the
· _ ~findings
period of his or her suspension or discharge. Tne/~ of the Con~nission
made pursuant to the provisions of this ordinance shall be conclusive, and
binding upon all parties to the hearing.
Provided however, that the Commission may make a complaint to the
District Court of the Disobedience of its orders under this section. And
the Court shall prescribe notice to the person accused and require him to
obey said order.
Any person suspended, reduced, or removed by the Commission after
investigation may appeal from the order to the District Court by serving
written noti6e thereof upon the secretary of the Commission; within l0
days after the notice to the employee of the filing of the findings by
the Commission.
Within 5 days, the secretary shall certify to the Olerk of District
Court the records of the proceedings including all document~, testimony and
minutes.
Section 7. Time of Taking ~f~eo~. This ordinance shall take effect
and be in force from and after thirty ($0) days after its passage and pub-
lication.
Offered by:
Roll Call:
Na~s: ~
the' Council L