Chapter 2.24
CIVIL SERVICE COMMISSION

Sections:

2.24.010    Purpose and jurisdiction.

2.24.020    Appointment.

2.24.030    Meetings.

2.24.040    Secretary.

2.24.050    Subpoena powers.

2.24.060    Complaint filing.

2.24.070    Complaint form – Hearing deadline and notice.

2.24.080    Witness fees.

2.24.090    Evidence and counsel at hearing.

2.24.100    Findings, conclusions and orders.

2.24.010 Purpose and jurisdiction.

It is the purpose of the Civil Service Commission to hear and investigate complaints of improper personnel action or matters not covered by law, regulations, contract, or City personnel policy. (Ord. 4442 § 2, 1981).

2.24.020 Appointment.

The Civil Service Commission, referred to hereafter as the “Commission”, shall consist of three members. Members of the City Council shall be qualified to act as members of the Civil Service Commission. Members of the Commission should be appointed by the Mayor with approval of the City Council. Any member of the Commission who is not a member of the City Council should be appointed for a three-year term. Any member of the City Council appointed to the Commission shall serve for a term that terminates when membership on the City Council shall terminate. The chairperson for the Commission shall be elected by a majority vote of the Commission. (Ord. 4917, 1990; Ord. 4442 § 1(1), 1981).

2.24.030 Meetings.

A meeting may be called by any Commissioner. The Commissioner desiring the meeting must notify the chairperson of the Commission not less than three days prior to the meeting date. The chairperson shall notify the Commissioners of the time and place of the meeting. The notice of the meeting shall be posted as required by law. Two Commissioners shall constitute a quorum to conduct business. (Ord. 4442 § 1(2), 1981).

2.24.040 Secretary.

The Personnel Department shall provide secretarial and staff assistance to the Commission. The secretary shall record the minutes of the Commission and maintain all Civil Service Commission records. (Ord. 4442 § 1(3), 1981).

2.24.050 Subpoena powers.

The Commission has the power to administer oaths, subpoena witnesses, and compel production of books and papers pertinent to any investigation of hearing authorized by law. (Ord. 4442 § 4, 1981).

2.24.060 Complaint filing.

Written notice of complaint must be mailed to the Chairperson, Albany Civil Service Commission, P. O. Box 490, Albany, OR 97321, by certified mail no later than 10 days after the date of the alleged improper action. (Ord. 4442 § 3, 1981).

2.24.070 Complaint form – Hearing deadline and notice.

(1) All notices of complaint submitted by an appellant must be in writing and must set forth reasons why the action is believed to be improper and must also list the specific relief sought. The appeal shall be heard by the Commission within 30 days after receipt of the request. The Commission shall furnish the City Manager with a copy of the notice of complaint in advance of the hearing.

(2) Hearings shall be held in the Albany City Council Chambers in compliance with meeting laws. Written notice of hearing time and place shall be mailed to complainant and City Manager no later than 10 days prior to the hearing. (Ord. 4442 § 5(1), 1981).

2.24.080 Witness fees.

Every person served with a subpoena requiring his/her attendance before the Commission shall be entitled to the same fees and mileage as are allowed by law to witnesses in civil suits and actions, except that no person who is an employee of the City shall be entitled to any fee. The fees and mileage allowed by this section need not be prepaid, but the City shall provide for payment thereof when certified by the Commission. (Ord. 4442 § 5(2), 1981).

2.24.090 Evidence and counsel at hearing.

(1) Conduct of Hearings. A hearing before the Commission is intended solely for the purpose of receiving evidence either to refute or to substantiate specific charges which the Commission has been requested to examine. The Commission, in conducting such hearings, is not bound by the rules of evidence.

(2) Counsel or Representative. In presenting a complaint to the Commission, an employee may but is not required to have counsel. The complainant may examine and cross-examine witnesses, make statements, summarize testimony and otherwise conduct his/her own hearing. (Ord. 4442 § 5 (3, 4), 1981).

2.24.100 Findings, conclusions and orders.

(1) After investigating a complaint, the Commission will issue written findings of facts and conclusions. The Commission shall have the authority to affirm, overturn, or modify the complained of action.

(2) All hearings shall require the attendance of three Commissioners. All actions shall be upon a two-thirds majority vote. The Commission’s findings, conclusions, and orders shall be filed with the Albany City Council within 30 days of the hearing. The Commission’s findings, conclusions, and orders shall be final unless reversed or modified by the City Council within 30 days of receipt of the order. Written notice of findings, conclusions, and orders shall be mailed to the complainant and City Manager at the time it is filed with the City Council. (Ord. 4442 § 6, 1981).