<br />Civil Service Hearing
<br />10/15/81
<br />Page 11
<br />below the rank of Chief. So we went into Civil Service in that way. In the City
<br />Council, they passed 1285 in September, on 16 of September, with an effective date
<br />of October 1. And they did this before the Civil Service Commission was actually
<br />appointed. And in so doing, the numbers that they had, there were sixteen Patrolmen
<br />on that date, if you take the three Sergeants who were temporarily --there were three
<br />Detectives who were temporarily assigned to the rank of Sergeant, that gave you eight
<br />Sergeants and three Lieutenants. So I think all that-this Ordinance did was place in
<br />writing what was existing as the City Council saw it as existing as of that date.
<br />Now, ah, I think in the, well right now, I say in the future, I mean for right now ,
<br />and I think in the Spring of each year right before the City Council budget delibera-
<br />tions, well let's take right no.w first, if the Civil Service Commission feels that
<br />any of these classifications should be dropped, if any other classifications, like
<br />the classification of Captain or any others need to be added, I think it would appro-
<br />priate for the Civil Service Commission, at this point, to make a recommendation to
<br />City Council for that classification then, as you point out, then Council can put the
<br />number of authorized positions and the salary --- because that is legislative anytime
<br />you get into budget making and the power of taxation and that's legislative.
<br />Trainer: Absolutely. I think that separation is very clear.
<br />
<br />Askins: And, on the other hand, I think the intent of the Civil Service Act, which is
<br />to get, essentially to get the Police and Fire Department, however it's adopted,
<br />removed from the political process and to have an appeal process is to have the admini-
<br />• stration of it with the Civil Service Commission. I so advised Council last night,
<br />you know, on these points. I would advise the Civil Service Commission, in the Spring
<br />of each year to review all the classifications and give a recommendation, or even to
<br />just continue what's there or any, like I say, any changes for additions or deletions
<br />ah, and if you feel that anything needs to be added or deleted from what was done in
<br />September, at this time you should make a recommendation so Council can pick it up.
<br />I don't say, I don't think such recommendations on Council is binding but I think
<br />such recommendation would be highly persuasive.
<br />Trainer: I agree that those recommendations definately would not, in terms of classifi-
<br />cations, would not be binding. The Council can either fund them or not assign any
<br />money to that and in the case of the classifications not funded, for lack of a better
<br />word, or it's authorized to be filled through competitive examination, 1269m says that
<br />after three years, I believe it is, that that position will automatically be dropped.
<br />The point, as to the date that the Ordinance was passed, the 19th of September or what-
<br />ever date that was--
<br />Freeman: The 16th.
<br />Trainer: The 16th of September, and that date being prior to the implementation of
<br />Civil Service, under Section 6b, ah, because the only reason to enact such an Ordinance
<br />is --would be to implement Civil Service and the effective date of such Ordinance
<br />would be the 1st of October. It would appear that the Ordinance would have to fully
<br />comply with 1269m because that's the only reason for the Ordinance being passed. And
<br />the effective date of such Ordinance was October 1st.
<br />Askins: That's right, because this whole procedure of Civil Service is a creature of
<br />State Law. and everything we do has to comply with 1269m. And another reason this
<br />• had to be done in September is the Department budget process for the coming fiscal
<br />year, in that a salary scale was set, and the Charter says that the entire budget must
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