NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 686

SENATE BILL 804

 

AN ACT TO AMEND CHAPTER 144 OF THE PUBLIC-LOCAL LAWS OF 1937, AS AMENDED, RELATING TO THE CIVIL SERVICE ACT OF THE CITY OF HIGH POINT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Sections 1 through 22 under Section 3, Article XIV of Chapter 144 of the Public-Local Laws of 1937, as amended, are hereby rewritten to read as follows:

"Section 1. There is hereby created a Civil Service Commission of the City of High Point, which Commission shall be composed of seven members who shall be appointed by the Council of the City of High Point. The present members of the Civil Service Commission shall serve out their present terms of office. Thereafter, beginning July 1, 1971, all new members shall be appointed by the Council of the City of High Point for terms of four years. No person appointed on said Commission shall be eligible for reappointment on said Commission until after the lapse of one year following the expiration of his term, except that this provision shall not apply to members appointed to fill out unexpired terms. Each of the two major political parties in High Point shall have at least three members on said Commission. In event of death or resignation of a member of said Commission, the Council of the City of High Point shall appoint a new member to fill out the unexpired term. All appointments, whether original or replacement, shall be made by the City Council only after consultation by a duly designated representative of the City Council with the Chairman or Vice-Chairman of the Commission.

"Sec. 2. Within three days after their appointment a quorum of the Commissioners shall meet and elect one of their number to act as Chairman of said Commission, and one of their number to act as Vice-Chairman.

The Commission shall, as soon as may be possible after its organization is perfected, appoint a Secretary and upon completion of its organization, the Commission shall notify the City Manager and the Mayor of the City of High Point that it is ready for the transaction of any and all business such as may be properly transacted by it.

"Sec. 3. The compensation of each member of the Civil Service Commission shall be five dollars ($5.00) for each meeting of the Commission attended, and in no case more than twenty-five dollars ($25.00) per month. The Secretary shall hold office at the pleasure of the Commission and shall receive such salary as may be fixed by the Council of the City of High Point. The members of said Commission and the Secretary shall possess the general qualifications now required of an elector of the City of High Point, and shall take a similar oath (or affirmation) of office as is now required of City Councilmen, to be administered by the Judge or Assistant Clerk of the District Division of the General Court of Justice. In the event any person appointed as a member of the Civil Service Commission by the Council of the City of High Point shall fail, except on account of illness or absence from the City, or refuse to qualify by taking the oath (or affirmation) required by this section within 14 days after such appointment, the Council of the City of High Point may appoint another member to fill the vacancy created by such failure or refusal to qualify.

"Sec. 4. Any four members of said Commission shall constitute a quorum for the transaction of business. At any meeting of said Commission a majority of the members of the Commission shall decide any matter before the Commission. The Commission may adopt rules of procedure governing the conduct of its meetings in accordance with the provisions of this act. The Chairman of the Commission shall have the right to vote upon any matter presented at any meeting. The Commission shall prescribe rules governing the meeting of said Commission.

"Sec. 5. The Civil Service Commission shall make and amend rules for the appointment, promotion, transfer, layoff, reinstatement, suspension and removal of all officers and employees in such services; and such rules shall have the force and effect of law. The Commission shall keep minutes of its proceedings and records of its examinations, and shall make investigations concerning the enforcement and effect of said rules. The rules which have force and effect of law, among other things, shall provide:

(1)       For the standarization and classification of all positions and employments in the classified service of the City. Such classifications into groups and subdivision shall be based upon the grades according to the duties and responsibilities and so arranged as to promote the filling of the higher grades, so far as practicable, through promotions.

(2)       For open competitive examinations to ascertain the fitness of all applicants for appointments in the competitive class.

(3)       For the creation of eligible lists upon which shall be entered the names of the successful applicants.

(4)       For the rejection of applicants or eligibles who do not satisfy reasonable requirements as to age, physical condition and moral character, or who have attempted deception or fraud in connection with any examination or their application therefor.

(5)       For non-competitive examination for appointments to positions designated by the City Manager and approved by the Civil Service Commission, requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, and providing for minimum experience requirements.

(6)       For promotion based on examination and upon records of efficiency, character, conduct and seniority.

(7)       For suspension for purpose of discipline, with or without pay, for not longer than 90 days, and for leave of absence with or without pay subject to Section 15.

"Sec. 6. This act shall include and apply to all employees of the City of High Point except all city employees who are paid on an hourly basis, the City Manager, Secretary to the City Manager, employees of the City of High Point Public Library, and the City Clerk, the City Treasurer, Personnel Director, and members of such boards and Commissions as are now appointed by the City Council. These persons shall be appointed independently of the Civil Service Commission as now provided by law. This act shall not apply in any manner to employees employed in the office of City Manager.

"Sec. 7. This act shall not apply to temporary employment, but such persons so employed shall not continue in such employment for more than ten days without the approval of the Civil Service Commission. The City Council of the said City of High Point shall, by ordinance, establish a schedule of salaries and wages for employees in the classified service.

"Sec. 8. Nothing in this act shall be construed to confer upon the Civil Service Commission the power to create any office, job, position or employment except as herein provided.

"Sec. 9. All applicants for positions in the classified service shall be subject to an examination by the Civil Service Commission, which examination shall be free to all persons possessing the right of suffrage and meeting the requirements of said Commission, including reasonable and proper limitations as to residence, age, health, and moral character. The examinations shall be practical in their character and shall relate to those matters tending fairly to test the capacity and qualifications of the applicant to discharge proficiently the duties of the position to which they seek employment, and shall include examinations as to physical and mental qualifications as well as general fitness; but no applicant shall be examined concerning his or her political or religious opinions or affiliations. The said Civil Service Commission shall suggest such necessary and proper regulations relating to the morality, health, and character of all applicants for positions with the city as it deems expedient, to the end that all persons certified by the Civil Service Commission to the City Manager or Department Head as eligible for employment by said City shall be persons of good character as well as possessing the necessary mental and physical qualifications.

"Sec. 10. Any applicant for any office or employment who shall knowingly make any material false statement in connection with any test shall thereby forfeit his right to be entered upon the eligible register, and in case he has been appointed to an office or employment, he shall forfeit it and shall not within three years thereafter be eligible to appointment to any office or employment in the service of the City, nor shall he during that time be entitled to take any Civil Service examination.

"Sec. 11. No applicant for a Civil Service examination shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money, service or other valuable thing to any person for or on account of, or in connection with, his examination, appointment or proposed appointment, nor shall he ask for or receive any recommendation or assistance from any person in the service of the City other than a statement regarding any previous service to the City as a subordinate under such officer or employee and a testimony as to his or her character.

"Sec. 12. The Treasurer shall not pay, nor shall any officer or employee of the City issue a check for the payment of nor pay any salary or compensation to any person holding, or claiming to hold a position in the classified service, as defined by this act, unless the payroll or account of such salary or compensation shall bear a certificate of some person designated by the City Manager stating that the persons named therein have been appointed or employed in accordance with the Civil Service provisions of the act and the rules established hereunder, that their names appear upon the service register for the time for which such salary or compensation is claimed and that the salary or compensation is at the rate indicated on such register, but no such certificate shall be required in connection with the payment of salary or compensation to the officers and employees which are specifically exempt from the provisions of this act by Section 6 of Article XIV. No such certificate shall include the name of any officer or employee during layoff, suspension or pending the public hearing provided herein, but should any such officer or employee be reinstated after such public hearing full compensation shall be paid for such period.

If the Treasurer or any officer or employee of the City shall wilfully violate any of the provisions of this section he and the sureties on his bond shall be liable to the City for the amount thereof and actions may be brought therefor by any taxpayer for the use of the City without giving notice previous to institution of suit.

"Sec. 13. Every person appointed or promoted to the head of a department shall be appointed or promoted by the City Manager and shall be on probation for a period of 12 months before such promotion or appointment is made complete. If the City Manager fills a vacancy by promotion, the employee so promoted shall not be dismissed by the City Manager unless the dismissal is made with the approval of the Civil Service Commission, but the employee so promoted by the City Manager may be reduced to the position from which promotion was made at any time during the 12 months probation without the approval of the Civil Service Commission.

Persons appointed or promoted, other than department heads, shall be appointed or promoted by the head of the department in which the vacancy exists. Such person appointed or promoted shall be on probation for 12 months before promotion is made complete. Any person so promoted shall not be dismissed by the department head during the 12 months probation period except with the approval of the Civil Service Commission, but may be reduced to the position from which promoted by the department head at any time during probation without the approval of the Civil Service Commission.

If a new employee is appointed by a department head, the department head may dismiss such employee any time during the 12 months period of probation without the approval of the Civil Service Commission.

"Sec. 14. Notice of the time and place of every examination shall be given once a week by the Civil Service Commission by publication for two weeks immediately preceding such an examination in a daily newspaper published in the City of High Point, and such notice shall be posted in a conspicuous place in the office of the Civil Service Commission and on the bulletin boards in the Municipal Building of the City of High Point for at least two weeks next preceding such an examination. The said Civil Service Commission shall prepare and keep as a permanent record of the Commission a register of all persons successfully passing such examinations to be known as the register of eligibles. The names of such eligibles shall be arranged in classified lists according to the type of employment sought. The name of no person shall remain on the register of eligibles for more than two years without a new application and a new examination. When an appointment is to be made by the City of High Point, the Civil Service Commission shall be notified by the appointing authority as set out in Section 13 and it shall certify to the City Manager or the department head, as the case may be, the names and addresses of five, or less if five are not available, eligibles on the list for the class or grade to which such position belongs. One of the persons so certified shall, except for reasons acceptable to the Civil Service Commission, be appointed to fill the vacancy. No appointment of a department head made by the City Manager shall be submitted to the City Council for approval and no appointment made by department heads shall be submitted to the City Council for approval.

"Sec. 15. Any officer or employee of the City may be laid off, suspended or removed from office or employment by the head of the respective department or division, and any head of a department or division may be laid off, suspended, or removed by the City Manager. Written notice of lay-off, suspension, or removal shall be given to an officer or employee, or shall be left at or mailed to his usual place of residence, within 36 hours after such action. When requested in writing by the officer or employee, the City Manager or department head shall furnish said officer or employee and the Civil Service Commission in writing within 72 hours the reason for such action. Such written notice shall be sufficient to put any such lay-off, suspension, or removal into effect. The person so notified shall have the right within ten days after such notice to file notice of appeal and demand the right to be heard before the Civil Service Commission. Notice of appeal shall be personally, or by mail, delivered to the head of the department, or to the City Manager, as the case may be, and on the same day mailed or delivered to the Secretary of the Civil Service Commission at his office. Such appeal shall specifically deny or admit each charge. The Commission shall fix a time and place for a public hearing of the charges, and such hearing must be held within ten days after such request, unless the appellant and the department head or the City Manager, as the case may be, with the approval of the Chairman of the Commission, agree upon a later date which shall, in no event exceed 30 days from the effective date of such action. No statement made in good faith by the authority making any such lay-off, suspension, or removal shall constitute defamation of character and/or libel, or serve as a basis for any action or proceeding, civil or criminal in its nature, alleging defamation of character and/or libel. At the hearing the Commission shall decide whether or not the employee is guilty of the act of misconduct or offense charged. If it decides in the affirmative then the punishment meted by the department head or City Manager shall be affirmed unless the Commission further finds that it was arbitrary, constituted an abuse of discretion, or was motivated by political or personal reasons, in which case the punishment may be modified as to what the Commission may seem just. If the Commission decides that the employee was not guilty of the offense charged, then the action of the department head or City Manager shall be reversed, and the employee shall be reinstated without penalty. Following the public hearing and such investigation as the Civil Service Commission may see fit to make, the Commission shall report its findings and recommendations to the officer responsible for the lay-off, suspension, or removal within 30 days after the date of such notice. Thereupon the officer making the lay-off, suspension or removal shall comply with the decision of the Civil Service Commission and the decision of such Commission shall be final. A copy of the written statement of reasons given for any lay-off, suspension, or removal, and a copy of any written reply thereto by the officers or employees involved, together with a copy of the decisions of the authority, shall be filed as a public record in the office of the Secretary of the Civil Service Commission.

"Sec. 16. It shall be the duty of the Secretary of the said Civil Service Commission to supervise, under the direction of the Commission, the execution of the provisions of this act and of the rules made thereunder, and it shall be the duty of the Secretary to keep the minutes of all meetings of the said Commission, and the Secretary shall be custodian of all papers pertaining to the business of said Commission. The Secretary shall keep a record of all examinations held and perform any and all other such duties said Commission may prescribe. There shall be kept by the Secretary of the Civil Service Commission an application register, in which shall be entered the names and addresses in the order and date of application of all applicants for Civil Service examination and the office or employment which they seek. All applications shall be upon forms prescribed by the Civil Service Commission.

"Sec. 17. The promotion of any city employee of the City of High Point in either his or her present department, or to any other department of the municipal government shall, except as otherwise provided for in this act, be on a competitive basis and shall be made only upon written recommendation of the department head in the department in which the person is at the time employed and such promotion shall then be made only with the approval of the City Manager.

"Sec. 18. The failure of any member of the City Council to cooperate in the providing of funds with which to compensate employees of the City of High Point coming under the classified services established under this act for services rendered, after the presentation of a budget to the said City Council for the various departments as provided for on the date of the ratification of this act, shall constitute a misdemeanor and shall be punishable by fine or imprisonment in the discretion of the court having jurisdiction thereof. Each week of the continuance of failure of any member of the said Council to cooperate as above provided shall constitute a separate offense. The City Council shall also make such provision for office space or accommodation for the use of the Commission and its Secretary as shall be adequate for the needs thereof, and shall make provision in each annual appropriation budget for funds with which to compensate members of the Civil Service Commission and its Secretary. Failure on the part of any member of the City Council to cooperate in providing for and compensating members of the Commission and its Secretary shall constitute a misdemeanor, punishable by a fine or imprisonment in the discretion of the court having jurisdiction of such offense.

"Sec. 19. The Civil Service Commission shall, at the end of each fiscal year, make an annual report of its action during the preceding year to the City Manager and the City Council of the City of High Point. This report may include suggestions for the improvement of the Civil Service system. A copy of said annual report shall be kept in the office of the said Commission.

"Sec. 20. The City of High Point shall pay all necessary expenses of the Civil Service Commission incident to its operations, such as to provide office equipment, office supplies, printing costs, advertising costs and the like, and shall provide funds therefor in accordance with the Local Government Act.

"Sec. 21. No person elected to the City Council shall, during the time for which elected, be appointed to any office or position in the service of the City. Any appointive officer or employee, except members of boards, commissions or authorities appointed by the Council, who shall become a candidate for nomination or election to any public office shall immediately forfeit his office or employment held with the City. Any member of a board, commission or authority appointed by the City Council who shall become a candidate for nomination or election to any public office shall immediately be on leave of absence from his appointment held with the City until the election is held and if elected he shall immediately forfeit his position with the City. If not elected he may resume his position."

Sec. 2.  This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 28th day of June, 1971.