Proposition 6

Highlights: Modernizes Civil Service system purpose, relationship of the Commission to the City Council, Commission appointments and term limits.


Amended Text
Amending the Charter of the City of El Paso Section 6.1-1, General; Section 6.1-5, Functions and Duties of the Civil Service Commission; Section 6.1-2, Appointment; Section 6.1-3, Qualifications; Section 6.1-6, Rules; Section 3.9 C Actions Requiring Ordinances; Section 6.1-15, Removal; and Section 6.1-16, Discrimination; and deleting Sections 6.1-8, 6.1-9 and 6.1-13 in their entirety; to read as follows:

Section 6.1-1 GENERAL.
The Civil Service system exists to ensure a personnel system that is based solely on merit. The Civil Service Commission of El Paso exists for the purposes of overseeing the City's Civil Service system, of ensuring its fairness, economy and efficiency and of hearing grievances by or against classified employees. The Commission shall establish its own procedures within the framework of this Charter to carry out these functions.

Section 6.1-5 FUNCTIONS AND DUTIES OF THE CIVIL SERVICE COMMISSION.
The Commission shall hold regular meetings as may be prescribed by Commission procedures. Special meetings shall be held as required for the proper discharge of the duties of the Commission, due notice having been given. Five members of the Commission will constitute a quorum. It shall be the duty of the Commission to:
A. Recommend to the Council:
1. Adoption of Rules for the administration of the Civil Service provisions of this Charter, and
2. Thereafter, appropriate amendments.
B. Investigate matters concerning the enforcement and effect of the Civil Service provisions of this Charter.
C. Hear and determine appeals or complaints as may be further prescribed in the Rules.
D. Oversee the Civil Service provisions of this Charter, ensuring fair and equitable treatment of all classified employees.
E. Appoint hearing officers.

Section 6.1-2 APPOINTMENT.
The Commission shall consist of nine persons appointed by the Council. All members serving on the Commission when this amendment takes effect will continue to serve until their terms of office expire. Appointments shall be for three-year terms. Commissioners serving consecutive terms shall be limited to two full successive three-year terms, regardless of the date of their original appointments. No person may serve as a member on the Commission for more than a total of ten years throughout their lifetime and no person may be appointed as a member on the Commission if, serving out the full length of the term to which they would be appointed would result in the person having more than a total of ten years of lifetime service.

Section 6.1-3 QUALIFICATIONS.
Members of the Commission must be residents of the City at the time of their appointment and remain a resident of the City throughout their term of office. No Commissioner may hold any salaried public office or other employment compensated by the City and any violation of this provision shall be deemed malfeasance in office and cause for removal therefrom. At least two Commissioners must hold or have retired from positions other than managerial or professional. No more than three Commissioners may be former city employees, and any such Commissioners are not eligible for appointment until two years following separation from the City. Any Commissioner may be either actively employed or retired.

Section 6.1-6 RULES.
A. Rules. The Rules shall be consistent with the principles and practices of the civil service system incorporated in this Article. They shall be adopted by the Council by ordinance, after considering recommendations of the Commission.
B. Procedures for Adoption. The Human Resources Director shall submit to the Commission proposed Rules for its review and recommendation to the Council. Failure by the Commission to recommend approval, modification or disapproval of proposed Rules within sixty days after receipt shall constitute authority for the Council to proceed without a recommendation from the Commission.
C. Changes, Additions or Deletions. Proposed changes, additions or deletions to the Rules shall be processed through the Commission to the Council in the same manner and subject to the same standards as for the basic Rules as set forth in A and B above.
D. Council Action. Failure by Council to approve, amend and approve, or deny the Commission's changes within sixty days after Council's receipt shall result in their automatic adoption. In the event of disagreement, the Council may deny or amend the Commission's changes, additions or deletions only by a two-thirds majority of the Council.

Section 3.9 C. Actions Requiring Ordinances. The Council may exercise the following powers by ordinance only:

1. Authorize the conveyance of any City real property;
2. Adopt or amend any administrative code and establish, abolish, alter or combine any City departments, so long as such action is not in conflict with this Charter;
3. Amend, extend, or repeal any ordinance previously adopted;
4. Prescribe a fine or penalty or establish any rule or regulation for the violation of which a fine or other penalty is imposed;
5. Adopt Civil Service Rules.

Section 6.1-15 REMOVAL.
Members of the Commission will not be removed from office except for incompetence or nonfeasance, misfeasance or malfeasance in office, such as neglect of duty or refusal to perform the duties imposed by this Charter. Action may be initiated in writing by any member of the Council or Commission. Any removal will require an affirmative vote of two-thirds of the Council.

Section 6.1-16 NON-DISCRIMINATION.
All personnel actions must be free of discrimination as is prohibited by law.

Proposition Question
Ballot Proposition No. 6

FOR ( )

Shall Sections 6.1-1, 6.1-2, 6.1-3, 6.1-5, 6.1-6, 3.9 C, 6.1-15, and 6.1-16 of the City Charter be amended, and Sections 6.1-8, 6.1-9, and 6.1-13 of the City Charter be deleted in their entirety, relating to the purposes of civil service and the Civil Service Commission, the appointment and removal of Commissioners, and the creation of system Rules: to include a statement of system purpose; to provide that personnel actions be free of unlawful discrimination; to allow the Commission to set their meetings; to specify that the Commission has an oversight duty and follows processes established in the Charter and Rules; that such Rules will be adopted by ordinance and the Council may amend and approve or deny Rules submitted by the Commission only by a two thirds majority vote; to provide that a Commissioner may serve consecutive full terms, but no Commissioner may serve for more than ten years throughout their lifetime; to require that Commissioners be City residents at all times; to provide that removal of a Commissioner requires a vote of two-thirds of the Council; to delete provisions pertaining to the prosecution of civil suits by the Commission, the employment of legal counsel, and the requirement for an annual report; to remove language applicable to conflicts of interest, the initial appointment of Commissioners and Rules adopted in 1984; and that Section 6.1-5 be renumbered as 6.1-2 and the remaining provisions of Section 6.1 be renumbered as appropriate?

AGAINST ( )