A. Appointments, removals, etc. - Personnel regulations: Appointments and promotions in the service of the city shall be made solely on the basis of merit and fitness; and removals, demotions, suspension, and layoffs shall be made solely for the good of the service. The council, consistently with this charter, by ordinance or personnel rules, may regulate personnel matters and provide for proper personnel administration.
B. Personnel board created: There shall be a personnel board consisting of three members appointed by the council for overlapping six-year terms. The term of one member shall begin July 1 in every even-numbered year. The council shall appoint the three original members so that the term of one will expire at that time in each of the first three succeeding even-numbered years. A member may not hold any other office or position in the city government. The council, by a vote of at least four members, after adequate opportunity for a public hearing, may remove a member for the good of the service; and the vote shall be by yeas and nays and shall be entered in the journal. The council shall fill vacancies for the unexpired terms. Members shall serve without compensation unless the council provides otherwise.
At the time prescribed for the beginning of the term of a newly appointed member or as soon thereafter as practicable, the board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings. The chairman shall have power to administer oaths and affirmations.
The personnel board shall have power to subpoena officers and employees of the city and other persons to testify and to produce documents and other effects as evidence.
C. Classified and unclassified services: All officers and employees of the city shall be divided into the classified and the unclassified service.
1) The following shall constitute the unclassified service:
a) The mayor and other councilmen, and the municipal judge;
b) The city manager, and one secretary to the city manager;
c) Members and secretary of each board, commission, or other plural authority;
All personnel who serve without compensation;
Persons appointed or employed on a temporary basis to make or conduct a special audit, inquiry, investigation, study, examination, or installation, or to perform a temporary professional or technical service, subject to such exceptions, limitations, and regulations as the ordinances or personnel rules may prescribe; and such other temporary personnel as may be placed in the unclassified service by ordinance or personnel rules.
2) All other officers and employees shall be in the classified service; provided that, when the city has over 50,000 people as shown by any last preceding federal census, any of the following may be placed in the unclassified service by ordinance or personnel rules: One assistant city manager if any; the heads, or directors, of administrative departments; and one secretary for each such head, or director, who has a secretary.
Nothing herein shall prohibit including personnel in the unclassified service in the classification plan.
D. Removal, etc.- Hearing before the personnel board: The city manager or any other authority who lays off, suspends without pay for more than ten days, demotes, or removes any regular (that is, non-temporary) officer or employee in the classified service after a probationary period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail by registered, certified, or similar special mail, to the officer or employee a written statement of the reason or reasons for the layoff, suspension, demotion, or removal. Such officer or employee may appeal in writing to the personnel board. The appeal must be filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten (10) days after receipt of notice of the layoff, suspension, demotion, or removal (which appeal may thus be filed wither before or after the time of effectiveness of the layoff, suspension, demotion, or removal). As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give an adequate opportunity therefore, and shall report in writing its findings and recommendations, in cases of subordinates of the city manager, to the city manager, and in other cases to the respective authorities having power of removal; and the city manager or other authority having power of removal shall then make a final decision in writing regarding the appellants layoff, suspension, demotion, or removal, as the case may be.
E. Qualifications of officers and employees: Officers and employees of the city shall have the qualifications prescribed by the charter and such additional qualifications as the council may prescribe; but the council shall not prescribe additional qualifications for councilmen.
F. Nepotism: Neither the city manager, the council, nor any other authority of the city government, may appoint or elect any person related to any councilman, to the city manager, or to himself, or, in the case of a plural authority, to one of its members, by affinity or consanguinity within the third degree, to any office or position of profit in the city government; but this shall not prohibit an officer or employee from continuing in the service of the city.
G. Holding more than one office: Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office in the city government. The city manager may hold more than one such office, through appointment by himself, by the council, or by other city authority having power to fill the particular office, subject to any regulations which the council may make by ordinance; but he may not receive compensation for service in such other offices. Also, the council by ordinance may provide that the city manager shall hold ex-officio designated offices subordinate to the city manager as well as other designated compatible city offices.
H. Official bonds: The city manager, the city clerk, the city treasurer, and such other officers and employees as the council may designate, before entering upon their duties, shall provide bonds for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums on such bonds.
I. Oath or affirmation of office: Every officer of the city, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the state constitution. The oath or affirmation shall be filed in the city clerks office.
J. Who may administer oaths and affirmations: All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the municipal judge, and such other officers as the council may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the city.
K. Removal, etc., of officers and employees: Except in the case of the municipal judge, the power to lay off, suspend, demote, and remove accompanies the power to appoint or elect, and the city manager, the council, or other appointing or electing authority at any time may lay off, suspend, demote, or remove any officer or employee to whom he, the council, or the other appointing or electing authority respectively may appoint or elect a successor.
L. Acting officers and employees: The appointing or electing authority who may appoint or elect the successor of an officer or employee, may appoint or elect a person to act during the temporary absence, leave, disability, or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed or elected and qualifies, unless the council provides by general ordinance that a particular superior or subordinate of such officer or employee shall act. The council by general ordinance may provide for a deputy to act in such cases. Also an acting municipal judge may be appointed to serve in any case or proceeding for which the municipal judge is disqualified.
M. Officers to continue until successors are elected or appointed and qualify: Every officer who is elected or appointed for a term ending at a definite time, shall continue to serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner terminated by resignation, removal, disqualification, death, abolition of the office, or other legal manner.
N. Conflict of interests: Neither any councilman nor the city manager shall sell or barter anything to the city or to a contractor to be supplied to the city; or make any contract with the city; or purchase anything from the city other than those things which the city offers generally to the public (as for example, utility services), and then only on the same terms as are offered to the public. Any such officer violating this section, upon conviction thereof, shall thereby forfeit his office. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the city, shall render the contract voidable by the city manager or the council. This section shall not apply in cases in which the city acquires property by condemnation.
The council by ordinance or personnel rules may further regulate conflict of interests and ethics of officers and employees of the city.