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HomeMy WebLinkAbout03-29-1985 Meeting Minutes • Civil Service Commission Meeting March 29, 1985 • Present: Chairman Keith Trainer, Commissioners' Weldon Randall, Jim Longnecker Guests: None The meeting was called to order by Chairman Keith Trainer at approximately 3:15 p.m. Chairman Trainer began the proceedings with a brief reading of Section 6 of State Statute 1269 M regarding the mandated position of Director of Civil Service. Chairman Trainer noted that the Director will have the same qualifications as the Commissioners. He proceeded to enumerate the qualifications. Chairman Trainer acknowledged the fact that Mr. Morena is not currently a resident of La Porte as is prescribed by law. Cha~~n Trainer questioned whether the appointment of an Acting Director required the same qualifications. He noted that Statute 1269 M did not address this issue. He then submitted this question to the rest of the commission for discussion. • Cha;~n Trainer asked Mr. Morena whether he knew if his nomination to this post by Mr. Owen (La Porte City Manager) was of a temporary or permanent nature. Mr. Morena responded that he believed the appointment to be temporary. Asked by the commissioners of his job title and duties Mr. Morena responded his position with the City of La Porte. Chairman Trainer and the commissioners acknowledged that Mr. Morena would not meet one of the qualifications for the Director's position; however, noting that on exception was being made, a motion was entertained by Chairman Trainer and seconded by Commissioner Randall that Doug de la Morena become the Acting Director of Civil Service. All votes yes; No votes no. Nfr. Morena was asked by Chairman Trainer to draft a meimranducn armouncing his appointment. He was also asked to provide commissioners with the latest Revised Civil Statutes of the State of Texas. N~. Morena was authorized to begin preporations for a May Police Officer Entrance Examination. Mr. Morena inquired as to the official location of the notice-posting board. It was determined that City Hall was the official site with the Police Building as a supplemental notice posting place. The location of the testing facilities was determined to be the Police Building with the rise of the 2nd floor of the Nutrition Center (Owned • by Police Dept.) as an overflow chamber. The meeting was adjourned approximately 3:40 p.m. • • Appendum to Minutes Civil Service Commission Meeting March 29, 1985 Upon research by the newly appointed Acting Director of Civil Service, Doug de la Morena, it was discovered that the three year local residency qualification for Civil Service Directors is not required of cities having a population of fewer than 1,500,000. Documentation to this effect is attached. a ~p f~ , Doug d~ a Morena Acting Civil Service Director Keith Trainer, Civil Service Commission Chairman LJ • • Art. 1269m CITIES, TOWNS AND VILLAGES CITIES, TOWNS AND ' Title 28 Title 28 FIREMEN AND POLICEMEN Population of fewer than the Director is not requir prescribed by Section 3 of Article 1269m. Firemen's and Policemen's Civil Service in cities over 10,000 Commission, another emp , tive body of such city sha Director. Said Director sl Definitions sion. He shall serve as St Sec. 2. By the term "Fireman" is meant any member of the Fire Department work incidental to the F required of hi b appointed to such position in substantial compliance with the provisions of ti 9 10 S d 11 f hi A i l m y the Co (b) In those citi ec ons , an o t s ct, or ent t ed to Civil Service Status under Section 24 f thi A t Th i l d fi es which Service b what o s c . e term nc u es remen who perform fire suppression, fire , y ever name prevention, fire training, fire safety education, fire maintenance, fire communica- of the Firemen's and Po] tions, fire medical emergency technology, fire photography, or fire administra- service pertaining to Fir< tion. By the term "Policeman" is meant any member of the Police Department Sec. 6 amended by Acts 19 appointed to such position in substantial- compliance with the provisions of ,~ Sections 9, 10 and 11 of this Act, or entitled to Civil Service Status under Section 24 of this Act. By the term "Commission" as used herein is meant the Firemen's Classification of firer and Policemen's Civil Service Commission. The term "Director" means Director t;, ' ' ~ Sec. 8. (a) In a city hay of Firemen s and Policemen s Civil Service. the most recent federal cer Sec. 2 amended by Acts 1979, 66th Leg., p. 1856, ch. 753, § 1, eff. Sept. 1, 1979. tion of all firemen and pc , , , , , , ordinance of the City Coun~ tive body, shall prescribe by~ Investigations and inspections tion. Sec. 5a. The Commission may make investigations concerning, and report (b) No classification now upon all matters touching, the enforcement and effect of the provisions of this cities, shall ever be filled Act, and the rules and regulations prescribed hereunder; and shall ascertain isions of this law. All whether this Act and all such rules and regulations are being obeyed. Such sala ry and in addition theret investigations maybe made by the Commission or by any Commissioner desig- may be entitled to: (1) longs nated by the Commission for that purpose. In the course of such investigation PaY; or (4) assignment pay. the Commission or designated Commissioner shall have the power to administer from designating some persc oaths, subpoena and require the attendance of witnesses and the producing by in a higher classification ter them of books, papers, documents, and accounts pertaining to the investigation, Head of the Department sh and also to cause the deposition of witnesses residing within or without the State plus his own longevity pay d to be taken in the manner prescribed by law for like depositions in civil actions in temporary performance of t; the court of original and unlimited jurisdiction to civil suits of the United States; not been promoted in accord and the oaths administered hereunder and the subpoenas issued hereunder shall construed to promote such;; have the same force and effect as the oaths administered by a magistrate in his appointment from eligibility' . judicial capacity; and the failure upon the part of any person so subpoenaed to days after such vacancy occi comply with the provisions of this Section shall be deemed a violation of this Act, (c) Firemen and policemen and punishable as such. under civil service protection Sec. 5a amended by Acts 1979, 66th Leg., p. 1856, ch. 753, § 1, eff. Sept. 1, 1979. or Police Department, by wh (d) Said Chiefs or Departn Public records tive, and confirmed by the Ci Sec. 5b. The Commission shall keep records of all hearings or cases that the Department Heads are come before it. Commission decisions shall be signed by the concurring Commis- Police Commissioners the apl sinners. All rules, opinions, directives, decisions, and orders issued by the menu shall be made by the Commission shall be written and are public records that shall be retained on file Department the vacancy exist by the Commission. y Council or legislative boy Sec. 5b added by Acts 1979, 66th Leg., p. 1857, ch. 753, § 2, eff. Sept. 1, 1979. (e) Said City Council or lel pay in addition to regular pa; Director of civil service tion, who have successfully Sec. 6. (a) There is hereby created the office of Director of Firemen's and Ci il h fill ' university, provided that sus. enforcement-police i v Service, which s Policemen s all be ed by the appointment of the Commission. The person appointed must meet the same requirements as herein- sc ence anc are applicable toward a degref above provided for members of the Commission, except that in a city having a tY, as that term is used herein, 334 i '~• j11WN~' AN11 ~1LLAGES CITIES, TOWNS AND ~-ILLaGES Airt. 1269m Title 28 Title 28 ;~il'~N population of fewer than i.a00,00Q according to the most recent federal census, the Director is not requu~ed to meet the three-year local residency requirement i i prescribed by Section 3 of this Act. Said Director may be either a member of the. ce I ~;rrv -, cil,l,,N ~-ver 10,000 Commission, another emooyee of said city, or some other person. The legisla- • tive body of such city shah determine what salary, if any, shall be paid to such, Director. Said Director shall at all times, be subj,~ct to removal by the Commis-. sion. He shall serve as secretary to the Commission, and shall perform all such +~ml-+'~• of th+, pyr,, I)~,I-artment work incidental to the = firemen's and Policemen's Civil Service as may be i;,,,,•n with t 1,,, I,r„visions of required of him by the C:~mmission. it Service SIuI,,,H i-nd,,r Section t+-~rf--rm fir., ,,, (b) In those cities whim have a duly and legally constituted Director of Civil S i b h h ,I,I,r,,MKion fire erv ce, y w atever narve e may be called, said Director shall be the Director ,,,;,i„Lenanc,,, I'i,•,, c,-mmunica_ "~~ I~i "t"g'~"phy ' of the Firemen's and Pohcemen's Civil Service, but he shall administer civil• ' - " udministra_ I • of the I' service pertaining to F~-emen and Policemen in accordance with this Law. ; ,, r uli,y+ I-,.l,a~ment ; • + with LI Sec. 6 amended by Acts '_d~3, 68th Y.eg., p. 2246. ch. 420, § 1, eff. Septa 1, 1983. ;,,,, , „+ Irovisions of ' ~ I Service St: N,„N ^ ~ • ,uul„r Section I'"r'~i~~ -s rn`'ni,l, II,e I~'iremen's • "I tirector" Classification of firemen and policemen; educational incentive pay , ,-, -,,,,-i--H Director Sec. 8. (a) In a city raving a population of 1,;100,000 or more, according to 7h;1, § 1 -, +~t'I' the most recent federal census, the Commission small provide for the classifica- . , ti~' ,t, . I 1, 1979. ' tion of all firemen and :olicemen. Such classification shall be provided by ordinance of the City Council, or legislative bodv. Said City Council, or legisla-' t fun" tive body, shall prescribe ~~ ordinance the number of positions of each classifica-' tion. t runcerni-,~~, ,~~ul report ~,,1' the l,r„ ~•i i (b) No classification no,r in existence, or that may be hereafter created in such s „--s of this rewulrr; and vlu ll cities, shall ever be filled except by examination held in accordance with the i i i ,-gcertain .„ ,s nr,+ beinl ~ I prov s ons of this law. :ail persons in each classification shall be paid the same , „ ,,,vi,i1. Such - by ntt~' Coma-is i salary and in addition thereto be paid any of the following types of pay that they b s „-~,.r desi - • courna of su,•h i y may e entitled to: (1) longevity pay; (2) seniority pay; {3) educational incentive, 4 i -~~,,, tigation havr I htl pow<+ • pay; or ( ) ass gnment pay. This shall not prevent the Head of such Department - f„ ;i,lminister nrsarn and th ~ from designating some peon from the next louver classification to fill a position r h,ti,,h-cing by . •rt:-init-ir to tha i in a higher classification temporarily, but any such person so designated by the nvrstigation, ~ ~t; willun or vvith " Head of the Department ;call be paid the base salary of such higher position ,,ttt the State , plus his own longevity pay during the time he performs the duties thereof. The ~ ~,i`'1 'actions in ``~. ly of th •ihti temporary performance of the duties of any such position by a person who has ~ ut c 1 -'it~'d States• - ,,,,,n,-v ,asued h ' not been promoted in accordance with the provisions of this Act shall never be ,y ~•11n,le~r shall ~t~•rr-I by a m;t ~~ construed to promote such person. All vacancies :hall be filled by permanent' gistaate in his _ ~ •son s appointment from eligibility- lists furnished by the l'ommission within ninety (90) ,,,y I„ , o sublk-e,naed ~ '~ ,•emrd :- violat io- days after such vacancy occurs. ` • . t of this Act, (c) Firemen and policemen shall be classified as above provided, and shall b~; i 1 7li;t , eff under civil service protection except the Chief or Hrad of such Fire Department., , , . . ~e•pt, 1 1979. or Police Department, by nhatever name he may ~ known. (d) Said Chiefs or Department Heads shall be a:,pointed by the Chief Execu- :-11 h,wrings , tive, and confirmed by the City Council or legislati~ z body except in cities where: ~ r ctiscs that ~; 1 by Ihr concu:•ritl,, ~~~,mmis- - the Department Heads are elected. In those cues having elective Fire and: Police Commissioners the appointments for Chiefs and Heads of those Depart-, :u-,1 ,orders isii~,~j 1,~. the that sl-~Il be n't.l- ' ments shall be made by the respective Fire or Price Commissioners in whose D t t th i t~c`~ 1 ~,n file epar men e vacancy ex sts, and such appointments shall be confirmed by the City Council or legislative body. :', rt't ~rpt. 1, ;~-~ (e) Said City Council or legislative body may a_rhorize educational incentive pay in addition to regular pay for policemen and =~~emen within each classifica- ' tion, who have successfully completed courses :n an accredited college or I~itv~~S~+r of ;~~,.,~Pil•~ •tnd university, provided that such courses are appu~.~ble toward a degree in law ~r th,~ ippoir.;•~,~,.,t of the enforcement-police science and include the core c~.;.--iculum in law enforcement or ,r~;uirem~ ~•;~ ,s "trein- ~ are applicable toward a degree in fire science. ~ accredited college or universi- t!wt in a ~ ,~~. ~Y`•ing a ty, as that term is used herein, shall mean any «:ie•_e or university accredited by 335 1