§ 2. Rules and powers of commission.

The civil service commission, with the approval of the city council, shall make such rules and regulations for the proper conduct of its business as it shall find necessary and expedient; but all rules made by the commission may be changed or amended by the city council; provided, that no rules or regulations shall ever be adopted which will permit the appointment or employment of persons without good character or unfit and incompetent to discharge the duties thereof or prevent the removal or discharge of any appointee or employee for want of fitness, moral character, or competency, or the failure or refusal to properly discharge the duties of his appointment or employment.

The civil service commission among other things, shall provide for the classification of all employees eligible to civil service hereunder upon the successful completion of their probationary period as applicable. All employees are eligible to classification under the civil service system created by this article unless an employee is placed by operation of the general laws of the state in a different civil service system or unless an employee is excepted from eligibility to the civil service system by or pursuant to the provisions of this section.

The following described categories of employees are excepted from eligibility to civil service classification:

(a)

Appointive officials, that is, those employees and officials who are required or authorized to be appointed by the mayor and whose appointment is subject to the confirmation of city council including, but not limited to, all of the department heads of the various city departments;

(b)

Assistant city attorneys and all professional non-clerical staff of the legal department;

(c)

Part-time employees, that is, those employees who work less than the regular work week prescribed for city employees;

(d)

Temporary employees, that is, those employees who are retained for seasonal work, work of fixed duration or other work which does not have a reasonable expectancy to continue indefinitely;

(e)

Emergency employees, that is, those employees who are hired on an extraordinary basis for the duration of and as a result of an emergency situation which may result in loss of public property or serious inconvenience to the public; and

(f)

Executive level employees, that is, those employees whose duties require them to determine and publicly advocate substantive program policy, to provide legal counsel, or to maintain a direct, confidential relationship with an appointive official of the City, as that term is used in this section or with an elected officer of the City. No position may be designated as an executive level employee position for purposes of this section except by ordinance adopted by city council. The total number of positions of employment designated as executive level employee positions for purposes of this section may not at any time exceed a number equal to two percent of the total number of all the employees of the City, whether eligible to civil service classification under this article or not.

The civil service commission shall also make provision for open, competitive and free examination as to the fitness in regard to classified services, for an eligibility list from which vacancies shall be filled, for a probationary period of not less than 12 months which appointees shall serve before they receive classified status and for promotion on the basis of merit, experience and record with probationary service of promoted employees prior to permanent classification in their new positions.

The city council may by ordinance confer upon the commission such further and additional rights and duties as may be deemed necessary to enforce and carry out the principles of this article.

Neither the adoption of this section as amended, nor any ordinance adopted by city council from time to time hereunder, which may designate any position formerly subject to civil service classification as not thereafter being eligible thereto shall be construed to divest any incumbent thereof of any vested right.

Laborers who may on the effective date of this amendment be employed by the City shall be eligible to receive classified status upon service of the probationary period for appointees; such probationary period for laborers shall commence on the effective date of this amendment. (Added by amendment October 15, 1913; amended August 14, 1982)