General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES ARTICLE IV. CIVIL SERVICE SYSTEM. Section 2-17. Civil Service Board - Created. Pursuant to the provisions of Section 1.6 of the City Charter, a Civil Service Board for the City is hereby created. Section 2-18. Same - Composition; appointment of members. The Civil Service Board created under the provisions of this Article shall consist of three (3) electors of the City appointed by the Mayor and confirmed by the City Council. Section 2-19. Same - Qualifications of members. The members of the Civil Service Board may not during tenure of their office hold any other public office in the City, nor may any member be a close relative of any City Council member or City officer or City employee. Section 2-20. Same - Terms of members. One (1) member of the Civil Service Board shall be appointed for a term of two (2) years, one (1) member for a term of four (4) years, and one (1) member for a term of six (6) years, whose terms of office shall begin on May 6, 1963. On the first (1st) Monday of May of each odd numbered year thereafter, one (1) member shall be appointed for a term of six (6) years, each member to serve until their successor is appointed and qualified. Section 2-21. Same - Compensation of members. The members of the Civil Service Board shall serve without compensation. Section 2-22. Same - Chairperson; rules. The Civil Service Board shall choose from among its members a chairperson and shall establish its own rules for the conduct of meetings and hearings. Section 2-23. Same - Meetings generally. The Civil Service Board shall normally convene only when called upon by the Mayor or City Council to hold public hearings relating to the suspension, disciplining, demotion, or discharge of a City officer or employee. Section 2-24. Same - Powers. The Civil Service Board shall have the power to hold public hearings, summon and hear witnesses, examine public records and documents, conduct investigations, and otherwise ascertain the truth and validity of charges brought against City officers and employees. The final determination of the Civil Service Board following investigation and hearing of charges against officers and employees shall be final. [Editor’s note: Ord. 108 (effective 11/27/1996) removed the Public Works Superintendent from Section 2-25 below; however, Ord. 120 (effective 2/16/1999) repealed Ord. 108 in its entirety.] Chapter 2- ADMINISTRATION 2-8
CITY OF NEW BUFFALO CODE OF ORDINANCES Section 2-25. Eligibility for civil service status - Generally. All full-time and regular officers and employees of the City, excluding the City Manager, who are not subject to any bargaining unit agreement, are eligible for civil service, including, but not limited to, the City Clerk, the City Treasurer, the Chief of Police, the Public Works Superintendent, the Water Superintendent, and the Parks Superintendent. Section 2-26. Same - Probationary period. Every officer or employee of the City eligible for civil service shall, after selection for appointment, serve a probationary period of at least six (6) months prior to becoming eligible for civil service status. At the end of the six (6) month probationary period, the City Manager may in his/her discretion: A. Terminate the employment of the individual probationer; B. Extend the period of probation; provided, however, that the period of probation in no event shall exceed two (2) years; C. Grant the employee civil service status to be confirmed by resolution of the Council with a majority of the members voting affirmatively. No officer or employee of the City shall be eligible to hold office or employment with the City except as defined by the requirements of the City Charter. Section 2-27. Tenure of employment contingent on good behavior, etc.; procedure for lay-off, reduction, or dismissal. The tenure of everyone holding office or employment under civil service status shall be only during good behavior and efficient service, and any such person may be laid off, reduced in rank or pay, or discharged by the City Manager for incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office; provided, however, that no person holding office or employment shall be reduced in pay or position, laid-off, discharged, or otherwise discriminated against except in accordance with the procedure outlined below; provided, however, that salaries of City officers and employees may be reduced as part of a general reduction of salaries paid by the City; and provided, that employees may be laid off as part of a general lay-off by the City; provided, that reductions of pay or lay-offs are not discriminatory or punitive. No officer or employee of the City shall be laid-off, reduced in rank or pay, or discharged until they shall have been furnished with a written statement of the charges and the reasons for such actions. If the person sought to be laidoff, reduced in rank or pay, or discharged shall demand it in writing within ten (10) days after being given such notice, the Civil Service Board shall grant them a public hearing. Such hearing shall be held within twenty (20) days of the employee's request for the hearing. At the public hearing of charges against an officer or employee of the City before the Civil Service Board the burden shall be upon the appointing officer or body that has taken the punitive action to justify the charges or actions taken against the officer or employee of the City. At any such public hearing before the Civil Service Board, the officer or employee of the City against whom the punitive action is being taken shall have the right to be represented by counsel and to present their case to the Board. In the event the Civil Service Board, after due investigation and deliberation, and within five (5) days following the conclusion of the hearings, shall find that the charges and actions brought against an officer or employee are not justified or are not sustained, then such officer or employee shall continue in regular employment with their previous rank and pay. Chapter 2- ADMINISTRATION 2-9
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General Ordinances - City of New Buffalo

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