Code of Ordinances Amendment - Title 2 Civil Service Commission Copyright 2014
City of Dubuque Action Items # 10.
ITEM TITLE: Code of Ordinances Amendment - Title 2 Civil Service Commission
SUMMARY: City Manager recommending approval of an ordinance amendment which
establishes the Civil Service Commission and provides for the powers,
operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions by Repealing Chapter 2 Civil Service
Commission and Adopting a New Chapter 2 Civil Service Commission in
Lieu Thereof Establishing the Civil Service Commission and Providing for
the Powers, Operation, Membership, and Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Civil Service Commission-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions — Civil Service Commission
DATE: August 27, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which establishes the Civil Service Commission and provides for the powers,
operation, membership and meetings. The Civil Service Commission was originally
established in August 1921.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: August 27, 2015
RE: Boards and Commissions — Civil Service Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Civil Service Commission, which was
established in August 1921. For this ordinance, a new Title 2, Chapter 2 is adopted
which establishes the Civil Service Commission and provides for the powers, operation,
membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 56-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 2 CIVIL SERVICE COMMISSION AND
ADOPTING A NEW CHAPTER 2 CIVIL SERVICE COMMISSION IN LIEU THEREOF
ESTABLISHING THE CIVIL SERVICE COMMISSION AND PROVIDING FOR THE
POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 2 of .the City of Dubuque Code of Ordinances is
hereby repealed and the following adopted in lieu thereof:
Chapter 2
CIVIL SERVICE COMMISSION
2-2-1: COMMISSION CREATED:
There is hereby created the Civil Service Commission.
2-2-2: PURPOSE:
The purpose of the commission is to conduct entrance examinations, conduct
promotional examinations, and act as an appeals board as provided in Chapter 400 of
the Iowa Code.
2-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this Code of
Ordinances or the Iowa Code.
2-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations.
2-2-5: MEMBERSHIP:
A. The commission comprises three (3) residents of the city, appointed by the
mayor with the concurrence of the city council.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. Commissioners must be citizens of Iowa, eligible electors as defined in the
Iowa Code, and may not hold or be a candidate for any office of public trust.
2. The human rights director shall, ex officio, be a member, without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any
contract to furnish supplies, material, or labor to the city unless the sale is
made or the contract is awarded by competitive bid in writing, publicly.
invited and opened.
b. Have an interest, direct or indirect, in any contract or job of work or
material or the profits thereof or services to be furnished or performed for
the city unless the contract or job is awarded by competitive bid in writing,
publicly invited and opened.
D. Membership on the commission must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person may be appointed or reappointed to the
commission if that appointment or reappointment would cause the number of members
of one gender to be greater than one-half (1/2) of the membership of the commission
plus one (1). If the city has made a good faith effort to appoint a qualified person to fill a
vacancy on the commission for a period of three (3) months but has been unable to
make a compliant appointment, the city must utilize a fair and unbiased method of
selecting the best qualified applicants.
2-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
2-2-7: TERMS:
The term of office for commissioners is four (4) years or until such commissioner's
successor is appointed and qualified.
2-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
2-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice -chairperson, each to
serve a term of one (1) year. The city clerk, or the city clerk's designee, is the clerk of
the commission. The commissioners must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
2-2-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request of
a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Two (2) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-11-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
2-2-12: REMOVAL:
The mayor may remove any commissioner for cause upon written charges and after
public hearing.
2-2-13: POWERS:
The commission has the powers, duties, and responsibilities as outlined in Chapter 400
of the Iowa Code.
2-2-14: CITY COUNCIL TO FURNISH MEETING ROOM, EQUIPMENT, RECORDER:
The city council must provide suitable rooms in which the commission may hold its
meetings and supply the commission with all necessary equipment and a qualified
shorthand reporter to enable it properly to perform its duties.
2-2-15: RECORD OF MEETINGS AND PERSONNEL:
The commission must keep a record of all its meetings and also a complete individual
service record of each civil service employee which record must be permanent and kept
up to date.
2-2-16: EXAMINATION OF APPLICANTS:
Examinations for the positions in the city civil service are to be applicable and required
of all applicants in accordance with the Iowa Code.
2-2-17: CONDUCT OF EXAMINATIONS; CERTIFICATION OF QUALIFIED PERSONS:
The commission must conduct examinations in accordance with the provisions of the
laws of the state relative thereto, and for the purpose of determining the qualifications of
applicants for positions under civil service, and must duly certify to the city council a list
of the qualified persons as set forth in the Iowa Code.
2-2-18: PROCEDURE FOR CONDUCT OF HEARING APPEALS:
Notwithstanding Chapter 1 of this Title, the commission may adopt its own rules
governing the procedure for the conduct of hearing appeals.
Section 2. Nothing herein effects the term of any person serving as a
commissioner as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 8th day of ' pttuber 2015.
4i)
Attest:
Kevin S. trrnstahl, City Clerk
Roy D. Buol„Mayor
OFFICIAL
PUBLICATION
ORDINANCE NO. 56-15 -
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 2
BOARDS AND
P"COMISSIONS, 'Bif` "'RME
, ALING CHAPTER 2
CIVIL SERVICE COM-
MISSION AND ADOPT-'
ING`A NEW CHAPTER
2 CIVIL SERVICE`
COMMISSION IN LIEU.
THEREOF ESTABLISH-
ING, THE CIVIL SER
VICE COMMISSION
AND PROVIDING FOR
THE POWERS, OPER-''
ATIQN,; MEMBERSHIP,
AND' MEETINGS
NOW,, THEREFORE,
BE T O•RDAINED BY
THE CITY COUNCIL
OF =THE', CITY OF
DUBUQUE, IOWA:
:Section ",1. Title 2,
Chapter 2 of the City of f
Dubuque , Code of
Ordinances is hereby
repealed and the
following adopted in ,I
lieu thereof:
Chapter.. I
2
CIVIL SERVICE
COMMISSION ' 1
2 2 1 COMMISSION
CREATED:
There is �' hereby lI
created the Civil
Service CoMMission.
7-2-2 PURPOSE:
The purpose of the
comm scion is to con -
duet "+entrance 'exam-
inat ons; conduct pro-
mot onal examinations,
and act as an appeals
board as provided in
Chapter 400 of .the
Iowa Code.
2-2-3: INTERNAL
ORGANIZATION AND
RULES: ;
The commission may
adopt rules and regu-
lations to govern its
organizational proce
dures' as may be
necessary and which
are not in conflict with
this Code . of Ordi-
nances or the 'Iowa'
"Code, •
2-2-4: PROCEDURESi
FOR OPERATION:
All administrative, !.
person•nel, accounting,
uuagetary, ancr rrrc-
curement policies of
the city govern the
1 commission in all its
operations.
2-2-5: MEMBERSHIP:
A. The commission
comprises three (3)
residents of the city,
appointed by the
mayor with the con-
currence of the city
council.
B. Residents must be
eighteen (18) years of
age or older.
C. Special Qualifica-
tions:
1. Commissioners
must :,;be, ,,citizens of
Iowa, eligible electors
as defined in the Iowa
Code, and may not
hold or be a candidate
for any office of public
trust.
2. The human Frights
director' shall, ex of-
ficio, be a member,
without vote.
3. Commissioners
may not do any of the
following:
a. Sell, or in any
manner become par-
ties, directly or
indirectly, to ' any
contract to furnish
supplies, material, or
labor to the cityunless
the sale is made or the
contract is awarded by
competitive bid in
writing publicly invited
and opened
b. Have an interest,
direct or indirect, in
"any contract or job of
work ormaterial or the
f profits thereof or ,ser-
vices to be furnished or
performed for the city
unless the contract or
job . is awarded by
competitive' bid in
I writing, publicly invited
and opened.
D. Membership on
the commission must
comply with the
provisions of Iowa
Code §69.16A, relating
to gender balance. No
person may be ap-
pointedor reappointed
to the commission if
that .appointment or
reappointment `would
cause the number of
members of one,
'gender to , be greaten;
than one-half (Ya) of
the membership of the
commission plus one,
(1). If the ,city: hasl
- made good" faith
effort to appoint a
qualified person to fill
a vacancy on the,
commission for a
period of three (3)
months but has been
unable to ' make a
compliant appoint a
merit, the city must;
utilize , a fair and
unbiased " rnethbd of
selecting the best I
qualified applicants.
i 2-2-6: OATH:
Each person, upon 1"
appointment or reap-
pointment to the com-
mission, must execute I
an oath of office at the
first meeting of the
commission following
the appointment or
reappointment or at
the city clerk's' office
any time prior to the
first meeting of the
commission.
2°2-7: TERMS: •
The term of office for
commissioners is four
(4) years or until such
commissioner's suc-
cessor is appointed
VACANCIES:'
Vacancies must be
l filled ' in the same
manner as original
appointments.
1 ' 2-2-9: OFFICERS/OR-
GANIZATION:
The commissioners
mustchoose' annually
a chairperson and vice -
chairperson, each to
serve a term of one (1)
year. The city clerk, or,
thecity cleric's
designee,: is the clerk
of the commission. The
;commissioners must
fill, a vacancy among
its officers for the
remainder of the of-
ficer's unexpired term.
2-2-10: MEETINGS:`
A. Meetings: Meetings
may be called by the
chairperson or at the
written. request of a
majority .j of the com-
missioners.
'B. Open Meetings: All
meetings must be
called and held in
conformance with the
Iowa' Open Meetings
Law " . +
C. Attendance.
1. In the" event a
commissioner has
been absent for three
" (3) or more consec-
utive meetings of the
commission, - without
being excused by the
chairperson, such ab-
sence will be grounds
for thecommission to
recommend to the city
council. that the
position be declared
vacant and a replace-
ment appointed.
2. Attendance must be
entered upon the min-
utes of all meetings.
D. Minutes. A copy of
the minutes of all
regular and special
meetings of ,the
commission must be
filed with the city
council within ten (10)
working days after
each meeting, or by
the next regularly
scheduled city council
meeting,; whichever is -
later.
E. Quorum. Two (2)
commissioners consti-
tute a quorum for the
transaction of busi-
ness. The affirmative
vote of a majority of
the commissioners pre-
sent and voting is
necessary for the
adoption of any motion
or resolution.
2-11-11: COMPENSA-
TION: 11.11:"COMPENSA-
TION:
Commissioners serve
without compensation,
provided that they may
receive reimbursement
for necessary travel
and other expenses
while on official com-
mission business with-
in the limits estab-
lished in the city
administrative policies
and budget.
2-2-12: REMOVAL:
The mayor may j
remove any commis-
sioner for cause upon
written charges and l
after public hearing.
2-2-13: POWERS:
The commission has
the powers, duties, and
responsibilities as out -1.
lined in Chapter 400 of
the Iowa Code. I
2-2-14: CITY COUNCIL.
TO FURNISH MEETING
ROOM, EQUIPMENT,
RECORDER:
The city, council must
provide suitable rooms
in which the com-
mission may hold its
meetings and supply
the commission with
all- necessary equip-
ment and, a qualified
shorthand reporter to
enable it properly to
'perform its, duties.
2-2-15: RECORD OF
MEETINGS AND PER- I
SONNEL:
The commission must
keep a record of all its
meetings and also a
complete individual
service record of each
civil service employee
which record must be 1
permanent and kept up
to date. .
2-2,16: EXAMINATION
OF APPLICANTS:
Examinations for the
positions in the city
civil service are to be
applicable and requir-
ed of all applicants in
accordance with the
Iowa Code.
2-2-17: CONDUCT OF
EXAMINATIONS; CER-
TIFICATION OF QUAL-
IFIED PERSONS:
The commission must
conduct examinations
in accordance with the'.
provisionsof the laws
of the state relative
thereto, and for the
purpose of determining ;'I
;_the qualifications of
applicants for positions
under civil service, and
must duly certify to the
city council a list of the
qualified persons as
set forth in the Iowa
Code.
r i 2-2-18: PROCEDURE
FOR CONDUCT OF
HEARING APPEALS:
Notwithstanding!.
Chapter 1 of this Title,
I the commission may
adopt its own rules
governing' the proce-
dure for the conduct of
hearing appeals.
Section 2. Nothing
herein effects the term
of any person serving
as a commissioner as
'of the effective date of
this Ordinance.
Section `3. This
Ordinance takes effect .'
upon publication.
Passed, approved, 11
and adopted the 8th
day of - September,
2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the llth
day of September,
2015.
/s/Kevin S.Firnstahl, 1
City Clerk
1t 9/11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify, that the attached notice was published in said newspaper
on the following dates: September 11, 2015, and for which the charge is $79.55.
Subscribedto before me,
this /� day s f
otary Public in and for Dubuque County, Iowa,
,20.. .
No
ary Public in and for Dubuque ounty, Iowa.
MARY K. WESTER ..Y :R
mmisslon Number 154885
��1y mm. Exp. FEB. ;, 2017