Find Legal Information

40-44 Civil Service in Cities

Download pdf

CHAPTER 40-44CIVIL SERVICE IN CITIES40-44-01.Cities of certain population may adopt civil service system.Thegoverning body of any city having a population of more than four thousand inhabitants according<br>to the latest official federal or state census may adopt, by ordinance, a civil service system for the<br>selection, employment, classification, advancement, suspension, retirement, or discharge of<br>appointive officials or employees of the city.40-44-02. Failure or refusal of city to adopt civil service - Petition - Election held. Ifthe governing body of any city which is subject to the provisions of this chapter shall fail or refuse<br>to adopt the provisions of this chapter, twenty percent of the qualified electors of the city may file<br>a written petition with the city auditor demanding that the provisions be adopted or that the<br>question be submitted to the qualified electors of the city, and unless the civil service system is<br>adopted by the governing body, the question shall be submitted to the qualified electors of the<br>city at the next regular municipal election.40-44-03. Form of ballot to be used in voting upon adoption of civil service system- Vote required to adopt. At any election held to determine whether a city shall adopt a civil<br>service system under the provisions of this chapter, the question shall be submitted to the<br>electors in substantially the following form:Shall the city adopt the civil service system?YesNoIf sixty percent of the votes cast upon the question favor the adoption of a civil service system,<br>the governing body of the city, within sixty days after the election, shall pass the necessary<br>ordinance and adopt a civil service system as is provided in this chapter.40-44-04. Civil service commission or commissioner - Delegation of powers to -When rules and regulations effective. The governing body may provide and create a civil<br>service commission consisting of three members, or it may appoint a civil service commissioner.<br>It may delegate to the commission or commissioner, as the case may be, such powers and<br>duties relating to the making and enforcing of civil service rules and regulations as it may deem<br>advisable. The rules and regulations, however, shall have no force nor effect until duly adopted<br>by ordinance.40-44-05.Terms of members of commission or of commissioner - Clerk -Vacancies.If a commission is created, the terms of office of the three commissioners firstappointed shall be one, three, and five years, respectively. Thereafter, original appointments<br>shall be for a five-year term. If a commissioner is appointed, the first appointment and any<br>subsequent original appointment shall be for a three-year term. In case of a vacancy in the office<br>of a member of the commission or in the office of the commissioner, the governing body shall fill<br>the vacancy by appointment for the balance of the term. The city auditor shall be ex officio clerk<br>of the commission or commissioner.40-44-06.Compensations and expenses of members of commission or ofcommissioner. The compensation of the commissioner or of a member of the commission shall<br>be determined by the governing body of the city for the time actually devoted to the performance<br>of duties of the office, plus the person's actual expenses.40-44-07. Purpose and intent of chapter - Types of systems that may be set up.This chapter shall enable, authorize, and empower the governing body of any city having the<br>requisite number of inhabitants to adopt a civil service system adapted to the size and<br>requirements of the city. Such system, if deemed advisable by such body, may consist merely in<br>the setting up of minimum employment qualifications for full-time members of the city's paid fire<br>and police departments and the heads thereof with provisions prohibiting their suspension,Page No. 1removal, or discharge, or the suspension, removal, or discharge of any other appointive<br>employee or official except upon adequate reason and cause shown upon hearing and thereon<br>after reasonable notice to the person or persons sought to be suspended, removed, or<br>discharged. If deemed advisable by the governing body, the civil service system may consist of<br>a comprehensive system covering all paid fire and police department full-time employees and the<br>heads of these two departments and other appointive full-time employees and officials, other<br>than common laborers and employees who have not been in the continuous employment of the<br>city for a period of more than one year, as in the discretion of the governing body of the city may<br>be for the best interests of the public, such employees, and the service to be rendered to the city.40-44-08.Ordinance creating civil service system - What to be included -Departments automatically included. In any ordinance creating a civil service system, the<br>governing body shall designate the departments, classes of employees, and the appointive<br>officials of the city who shall come under the system, and it subsequently may add thereto. All<br>full-time paid employees of the fire and police departments, with the chiefs thereof, shall be<br>placed under any civil service system adopted whether they are designated in the ordinance or<br>not.40-44-09. Ordinance providing for civil service shall prohibit political activities ofpersons under system. Repealed by S.L. 1977, ch. 420, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>