§ 7.11. Civil service.
(a)
Application and purpose. [This section is] applicable to all employees of the city except elected or appointed administrative officers, firemen, and police officer[s]. The purpose of this section is to guarantee equal opportunity of employment by the city of all qualified citizens of the city. Employment shall be determined by a competitive examination, free of any and all discrimination.
(b)
The commission. Within 60 days after the adoption of this Charter, the Council of the City of Iron Mountain shall have created a Civil Service Commission consisting of five (5) qualified citizens of Iron Mountain who shall be appointed in the following manner:
a.
Two (2) members appointed by the City Council.
b.
Two (2) members appointed by the concerned employees of the City.
c.
One (1) member appointed by the joint action of the City Council and the employees.
One member of (a)[a.] and one member of (b)[b.] shall be appointed to serve for a period of two (2) years and the remaining members of (a)[a.] and (b)[b.] shall be appointed to serve for a period of one (1) year. The (c)[c.] member of the Commission shall be appointed to serve for a period of three (3) years. All appointments shall be for a period of three (3) years following the expiration of original appointment periods. Time of service shall commence upon the date of the appointment. The five (5) member Commission shall elect one of their members to serve as Commission President. The elected president shall serve in said capacity for a period of one (1) year. No person shall be appointed a member of the Civil Service Commission who is not a citizen of the United States and who has not been a registered voter in Iron Mountain for a minimum of one (1) year immediately preceding appointment. No Commissioner shall hold any other position with the City of Iron Mountain. In the event that any Commissioner of the Civil Service Commission shall cease to be a member thereof, by virtue of death, retirement, removal or any other cause, a new Commissioner shall be appointed to fill the unexpired term of said Commissioner within 15 days after the said Commissioner shall have ceased to be a member of the Commission. Such an appointment shall be made in the same procedure as had been followed in the original appointment. The City Manager may at any time remove any Commissioner for incompetency, dereliction of duty, malfeasance in office or any other good cause, which shall be stated in writing and made a part of the records of the Commission, provided, however, that if the City Manager finds it necessary to remove any Commissioner, such removal shall be temporary and shall be in effect for a period of ten (10) days. Within the said ten (10)-day period, the City Manager shall file in the office of the City Clerk, a statement setting forth in full, the reason for such removal and requesting confirmation by the majority of the members of the City Council, of his/her action in so removing said Commissioner. A copy of said statement in writing shall be served upon the Commissioner so removed, simultaneously with its filing with the City Clerk. The Council shall meet in regular or special session for the purpose of hearing and deciding upon the said reasons for removal. They shall confirm or deny the removal of the Commissioner. In the event that the City Manager shall fail to file his written statement of cause for removal within ten (10) days of the removal of the Commissioner, said Commissioner shall resume his position as a member of the Civil Service Commission. The City Clerk shall be "ex officio" Clerk of the Civil Service Commission and shall provide, without extra compensation, all necessary clerical and stenographic services for the Civil Service Commission.
(c)
Employment and promotion. Appointments to positions in all of the Departments of the City, which are subject to this Civil Service Section, shall be made only according to qualifications to be ascertained by competitive examinations. The City Civil Service Commission shall schedule and carry out competitive examinations for all candidates for employment by the City of Iron Mountain. Candidates who successfully pass such examinations shall be certified on a priority listing for employment beginning with the highest competitive score and terminating with the lowest passing score. Certification shall end on the 3rd anniversary of having passed a competitive examination and any replacement of a candidate on the certified applicant listing shall be determined by a competitive reexamination. All applicants participating in competitive examination to establish certification for employment must have reached his/her 18th birthday before being so certified. Although not required for certification, a prospective employee must pass a physical examination, prior to actual employment, to verify ability to perform the job requirements. The Civil Service Commission shall make rules and regulations providing for examinations for positions in all departments subject to this section and for promotion therein. Due notice of the contents of such rules and regulations and any modification thereof shall be given by mail to appointing officers affected. Such original appointments to any position in any City department covered by this section shall be for a probationary period of six (6) months, provided, however, that at any time during the probationary period the appointee may be discharged for cause. At the close of the probationary period, if the work of the appointee has not been satisfactory to the appointing officer, the appointee shall be notified in writing that he/she will not receive permanent appointment and that his employment has been terminated. If the probationer does not receive such written notice within ten (10) days of probation period expiration, his/her status is that of having received a final appointment. Every position, unless filled by probation, reinstatement, or reduction, shall be filled in the following manner: The appointing officer shall notify the Civil Service Commission of any vacancy which he/she desires to fill and shall request certification of eligible applicants. The Commission shall forthwith certify, from the eligible list, the names of persons who received the highest average at preceding examinations held within three (3) years of such certification. The appointing officer shall therefrom, with sole reference of merit, make the appointment so certified. The term "appointing officer" as used in this section, shall mean the municipal officer in whom the power of appointment of employees to various departments is vested by this Charter. If an applicant, upon certification of qualification by the Commission, is rejected or bypassed by an employing officer, and if such applicant has reason to believe that he/she is being discriminated against, said applicant may appeal his/her nonappointment to the Civil Service Board or Commission. The Commission shall review all factors considered by the appointing officer and shall render a decision on the appointment which decision shall be final. All examinations for employment or promotion shall be practical in character and relate to the competitive capability required by the position being applied for. No questions in any form of application or in any examination shall be framed so as to elicit information concerning the political or religious opinions or affiliations of any applicant; nor shall inquiry be made concerning such opinions and affiliations. No discrimination shall be exercised, threatened, or promised by any individual in any department, against or in favor of an applicant, eligible, or employee, in any department under this section because of his/her political or religious opinions or affiliations. Vacancies in the positions in any department of the City, subject to this section, shall be filled, so far as is practical, by promotion from among persons holding positions in the next lower grade in the same department. Promotions shall be based upon merit to be ascertained by tests provided by the Civil Service Commission, and upon superior qualities of the person promoted as shown by previous service and experience. Provided, however, that no person shall be eligible for promotion until such person has served for a minimum of one (1) year within the department. A person accepting a promotion within a department shall serve a probationary period of six months duration. He/she may be discharged for just cause during such probationary period and such discharge shall terminate any state of employment with the City of Iron Mountain. If at any time during the period of probation, or upon termination of such probationary period, the probationary promotee, in the eyes of the appointing officer, shall fail to perform the work required of him/her in an acceptable manner, the promotee shall be returned to his/her former position of employment. Notice of the return of a promotion candidate to his/her former employment should be explained to the probationary employee by the appointing officer by written statement with a copy of said statement being filed with the Civil Service Commission through the city clerk of Iron Mountain. Such a statement shall be filed by the appointing officer with the employee and Civil Service Commission within 10 days of the decision to take action. Failure on the part of the appointing officer to file such a statement shall result in final appointment of the probationary promotee to the higher position. Upon the return of a probationary promotee to his/her previous position of employment, the appointing officer shall again request a priority certification of promotion listing from the commission for the purpose of appointment to fill the vacant position. Any commissioner or examiner, or any other person, who shall willfully, by him/or her self, or in cooperation with 1 or more persons, defeat, deceive, or obstruct any person in respect to his/her right of examination according to this section or who shall willfully or corruptly, or falsely mark, grade, estimate, or report upon examination or proper standing or any person examined or certified, pursuant to this section, or aid in doing so, or who shall willfully or corruptly furnish to any person any special or secret information, for the purpose of either improving or injuring the prospect or chance of appointment of any person so examined or certified, or who shall impersonate any other person in connection with any examination or certification, shall, for each offense be deemed guilty of a misdemeanor. Whoever makes an appointment to office, or selects a person for employment, contrary to the provisions of this section, or willfully refuses or neglects otherwise to comply with, or conform to, any provisions of this section, or violates any of such provisions, shall be guilty of a misdemeanor.
(d)
Suspension and/or termination of employment. Nonunion employees of the city who are suspended or whose employment has been terminated; may, if they have reason to question the just cause for their suspension or termination, request a redetermination of finding from the Civil Service Commission. Said Commission shall make determination and render a decision which is binding.
(e)
Shortterm seasonal employment. Nothing in this section shall prevent the city through its administrative officers from employing shortterm seasonal employees outside of the terms of this section.
(f)
[ Civil service employees. ] Police officers and firemen who are employees of the City of Iron Mountain shall be civil service employees under Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended. Provisions of Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended, shall determine procedure for appointment, suspension, promotion, layoff, or discharge of City firemen and/or policemen. The Council of the City of Iron Mountain shall, within sixty (60) days following the adoption of this Charter, appoint a three (3) member Special Civil Service Commission in keeping with Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended.