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G56-97 A Ordinance No. G56-97 AN ORDINANCE REPEALING EXISTING CHAPTER 3 . 04 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "CIVIL SERVICE COMMISSION" AND CREATING CITY CIVIL SERVICE COMMISSION WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs ; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to establish a system of civil service administration by creating and establishing a civil service system and civil service commission which are separate and distinct and supersede the civil service system and civil service commission authorized by the enabling statute provided at 65 ILCS 5/10-1-1, et seq. ; and WHEREAS, the establishment of such civil service system and civil service commission pertains 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 1 . That Chapter 3 . 04 of the Elgin Municipal Code, 1976 , as amended, entitled "Civil Service Commission" is hereby repealed . Section 2 . That in lieu of the chapter repealed by Section ]. hereof there is hereby substituted a new Chapter 3 . 04 entitled "Civil Service Commission" as part of the Elgin Municipal Code, 1976 , as amended, to read as follows : "Chapter 3 . 04 CIVIL SERVICE COMMISSION 3 . 04 . 010 ESTABLISHED--APPOINTMENT. There is hereby established a civil service commission for the City of Elgin pursuant to the City of Elgin' s home rule authority for the purpose of administering a city civil service system as provided herein. The civil service system and civil service commission hereby established shall be separate and distinct and supersede the civil service system and civil service commission authorized by statute. In the case of any conflict of any provision of this chapter with any provision of the Civil Service in Cities Act ( 65 Illinois Compiled Statutes 5/10-1-1, et seq. , 1996 , as amended) the provisions of this chapter shall control . The civil service commission shall consist of five members and such commissioners shall be appointed by the city council for three year terms . These appointments shall be staggered such that not more than two terms shall expire in any single year. Of the five commissioners, not less than two shall be female. 3 . 04 . 020 POWERS AND DUTIES . A. Except as provided herein, the civil service commission shall perform all duties required of a civil commission by the laws of the state to carry out the purposes of the Civil Service in Cities • Act ( 65 Illinois Compiled Statutes, 5/10-1-1 , et seq. , 1996 , 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 exempt 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 circumstances : 1 . 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. eft E. When requisition is made for certification of a candidate for a promotional appointment, the civil service commission shall certify the name and eiwk address of the candidate having the highest rating. 3 . 04 . 040 EXEMPTIONS FROM CLASSIFIED SERVICE . That in addition to the exemptions from the classified civil service described in 65 Illinois Compiled Statutes 5/10-1-17 , 1996 , as amended, the following positions shall also be exempt from the classified civil service: Executive Director New Century Partnership, Assistant Public Works Director, MIS Manager, Budget/Public Information Officer, Engineering Director, Fire Marshall , Recreation/Facility Superintendent, Assistant Finance Director, Parks Superintendent, Fire Captain, Cultural Center Manager, Golf Administrator, Principal Planner, Water Operations Engineer, Water Plant Superintendent, Civil Engineer II , Police Sergeant , City Clerk, New Construction Division Manager, Property Maintenance Division Manager, Communication Director, Senior Planner, Street Superintendent, Superintendent of Training for Fire Department, Accounting Supervisor, Building Maintenance Superintendent, Garage Supervisor, Golf Course Superintendent, Fire Prevention/Public Education Officer, Operation Superintendent, Sewer Superintendent, Traffic Superintendent, Water Superintendent, Public Health Officer, Administrative Assistant, Chief Water Plant Operator, Civil Engineer I , Planner, Analyst/Programmer, Chief Water Lab. Chemist, GIS Technician, Water Meter Supervisor, Assistant Building Maintenance Superintendent, Cemetery Supervisor, Historic Preservation Specialist, Parks Maintenance Supervisor, Parks Development Coordinator, Associate Planner, Front of House Superintendent, Legal Secretary/Paralegal, Plan Examiner, Senior Water Maintenance Mechanic, Technical Support Hemmens , Zoning Officer, Communications Shift Supervisor, Human Resource Generalist II , Parking Meter Superintendent, Program/Maintenance Superintendent, Recreation Supervisor, Water Lab Chemist, Victim Assistance Coordinator, Human Resources Generalist I , Accountant, Crime Analyst, Community Service Coordinator, Program Supervisor, Special Events Coordinator, Youth & Teen Coordinator, Administrative Coordinator-Police, Communication Specialist, Property Custodian, Executive Secretary, Legal Secretary, Administrative Secretary, Secretary, Human Resources Technician and Receptionist/Personnel . Any person appointed either by civil service commission or who has been reclassified while maintaining their civil service status to any of the • #01' above--described positions prior to the effective date of the ordinance codified in this section shall continue to be a member of the classified civil service of the city of Elgin until separated from said civil service in the manner provided by law. 3 . 04 . 050 TEMPORARY APPOINTMENTS . To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department or office may, with the approval of the commission, make temporary appointment to remain in force not exceeding one hundred eighty days, and only until regular appointments under the provisions of Division I of Article 10 of Chapter 65 of the Illinois Compiled Statutes, 1996 , can be made . 3 . 04 . 060 ELIGIBILITY AFTER REMOVAL FOR CAUSE . Any person removed for cause from any classified position of the city of Elgin shall be ineligible to apply or test for or be appointed to any classified position of the city for a period of twelve months after such removal . 3 . 04 . 070 EXTENSION OF PROBATIONARY PERIOD. eft Any probationary period provided by law shall be extended by that number of days equal to the number of days any probationary employee is off of work for the entire day or part thereof due to illness , injury, personal days off or vacation. " Section 3 . That the duly appointed and acting commissioners of the civil service commission repealed by Section ] hereof shall continue to serve as the commissioners for the civil service commission created by Section 2 hereof until the expiration of their respective current terms of office, or until their successors are appointed in the manner provided by law. Section 4 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor erhw Presented: November 19 , 1997 Passed: November 19 , 1997 Vote : Yeas 4 Nays 3 Recorded : November 20, 1997 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk eft eft