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G37-88 4 *Ph* Ordinance No. G37-88 AN ORDINANCE PROVIDING FOR CERTAIN POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION WHEREAS, the City of Elgin is a home rule unit within the meaning of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the powers and duties of the Civil Service Commission are matters pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 3.04.020 of Chapter 3.04 of the Elgin Municipal Code, 1 976, as amended, is hereby amended to read as follows: 3.04.020 Powers and Duties. A. Except as provided herein, the Civil Service Commission shall perform all duties required of such commission by the laws of the state to carry out the purposes of "An Act to Regulate the Civil Service of Cities," approved March 20, 1895, as amended. B. The Civil Service Commission shall classify all places of employment of the city which are subject to civil service, in accordance with law, excepting therefrom members of the organized police and fire departments, as appointed by the Board of Fire and Police Commissioners, and positions otherwise exempted by law. C. The Civil Service Commission may upgrade an incumbent holding any specific classified position when such position is replaced by a higher classified position where the incumbent has been performing substantially all of the duties of the higher classified position. Such upgrading may be made when the Commission determines that it is in the best interest of the classified service and then only after notice has been given to all employees who would be eligible to test for such upgraded position if a promotional examination were given, and a public hearing has been held. D. The Civil Service Commission may demote employees within the classified service in the following situations. I. The employee and the City Manager jointly request such demotion. 2. In lieu of dismissal, and in addition to any suspension that may be imposed, an employee may be demoted, but only with the consent of the City Manager. E. When requisition is made for certification of a candidate for a promotional appointment, the Civil Service Commission shall certify the name and address of the candidate having the highest rating. Section 2. That Section 3.04.030 of Chapter 3 of the Elgin Municipal Code, 1 976, as amended, is hereby deleted. Section 3. That this ordinance shall be in full force and effect upon its passage. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 11, 1988 Passed: May I I, 1988 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk r