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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