§ 9-8. Civil service.

(a)

Civil service commission.

(1)

Created. In accordance with Article 1269m of the Texas Revised Civil Statutes, as presently constituted or as hereafter amended, there is hereby established a firemen's and policemen's civil service commission.

(2)

Commissioners. The commission shall consist of three members appointed by the city manager and confirmed by the city council. Members shall serve three-year terms with the term of one member expiring each year.

The city manager may reappoint a commission member to consecutive terms. A commission member may not serve more than three consecutive terms unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by the city council.

The current commission shall continue as the civil service commission. As the terms of the members of the commission expire, the city manager shall appoint members in the manner and as prescribed by this section. The city manager shall appoint initial members required to be appointed under this section to serve terms of less than three years.

(3)

Qualifications of commissioners. Each commissioner so appointed shall be of good moral character, be a citizen of the United States; a resident of the City of Terrell, Texas who has resided in the city for more than three years; shall be over the age of 25 years, and shall not have held any public office within the preceding three years. Commissioners shall serve without pay.

(4)

Filling vacancies. If a vacancy occurs or if an appointee fails to qualify within ten days after the date of appointment, the city manager shall appoint a person to serve the remainder of the unexpired term in the same manner as the original appointment.

(5)

Chairperson of commission. The commissioners shall within ten days after qualification, and annually thereafter during the month of January, elect a chairperson and vice-chairperson.

(6)

Meetings. Two members of the civil service commission shall constitute a quorum. The commission shall meet each month at the date, hour, and place set by the chairperson, and at such other times as required by its duties.

(7)

Removal from office. If at a meeting held for that purpose, the city council finds that a commission member is guilty of misconduct in office, the city council may remove the member. The member may request that the meeting be held in an open hearing in accordance with V.T.C.A., Government Code Chapter 551.

If a commission member is indicted or charged by information with a criminal offense involving moral turpitude, the member shall be automatically suspended from office until disposition of the charge. Unless the member pleads guilty, the member shall resume office at the time of disposition of the charge.

The city council may appoint a substitute commission member during a period of suspension. If a member pleads guilty or is found to be guilty of a criminal offense involving moral turpitude, the city council shall appoint a replacement commission member to serve the remainder of the disqualified member's term.

(b)

Director of civil service.

(1)

Office of civil service director created. There is hereby created the office of director of the firemen's and policemen's civil service, which office shall be filled by the appointment of the commission. The director so appointed shall be of good moral character, a resident of the City of Terrell, Texas, shall be over the age of 25 years, and shall not have held any public office within the preceding three years. The director may be either a member of the commission, another employee of the city, or some other person.

(2)

Compensation. The city council shall set the salary, if any, to be paid to the director.

(3)

Duties of the director. The director shall serve as secretary to the commission, and shall perform all such work incidental to the firemen's and policemen's civil service as may be required by the commission.

(4)

Removal of the director. The director shall at all times be subject to removal by the commission upon majority vote.

(c)

Powers of the commission. The commission shall have all the powers authorized by Article 1269m of the Texas Revised Civil Statutes, as presently constituted or as hereafter amended, and shall make such rules and regulations for the proper conduct of its business as it shall find necessary and expedient, provided that no rules and regulations shall ever be adopted with will permit the appointment or employment of any person without good moral character, or any person unfit mentally or physically, or any person incompetent to discharge the duties of such appointment or employment. Such rules and regulations shall also prescribe what shall constitute cause for removal or suspension of firemen or policemen, but no rule shall be valid unless it complies with the grounds for suspension or removal specified by the act.

(d)

Striking prohibited. It shall be unlawful from and after passage of this section for any fireman or policeman coming under the provisions of this section to engage in any strike against the City of Terrell, Texas. A person violating this provision shall be guilty of a misdemeanor and shall, after conviction, be fined not less than $10.00 nor more than $100.00. In addition, any person who has been convicted of the violation of this provision shall be automatically released and discharged from the Terrell Fire or Police Department and shall thereafter be ineligible to receive any pay or compensation out of any public funds of the City of Terrell, Texas.

(e)

Civil service not applicable to other city employees. It is the intent of the City Council of the City of Terrell, Texas, that the employee practices and the adoption of Article 1269m of the Texas Revised Civil Statutes shall not be construed as applying or effecting any employees other than employees of the Terrell Fire and Police Departments subject to such act.

(Ord. No. 1415, 4-16-85; Ord. No. 1973, Art. I, 6-15-99; Ord. No. 2020, § I, 6-20-00; Ord. No. 2036, Art. I, 10-3-00; Ord. No. 2347, § 1, Arts. I—V, 11-5-07)