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December 17, 1974 <br /> <br />he may deem necessary or proper to protect the interests of the city, subject <br />to the authority of city council; <br /> <br />(f) Attend in person or assign one of his assistants to attend all meetings of the <br /> council; <br /> <br />(g) Appoint and remove such deputy and assistant city attorneys and other employees <br /> as shall be authorized by the council; <br /> <br />(h) Authorize the deputy or assistant city attorneys or any of them or special counsel <br /> to perform any of the duties imposed upon him; and <br /> <br />(i) Have such other powers and duties as may be assigned to him by the council. <br /> <br />Section 11.01. Civil service commission: Creation and term of office. <br /> <br /> There shall be in the city a civil service commission, which shall be composed of three pez <br />of known sympathy with the merit system. <br /> <br /> Notwithstanding the provisions of Section 15.1-7.1 of the Code of Virginia (1950), <br />the civil service commission shall retain and exercise all of the power and authority <br />granted in this article, including th~power of review of disciplinary actions of the <br />appointing authority. These powers shall not be exercised by any other administrative <br />body. <br /> <br /> The members of such commission shall be appointed by the judges of the circuit court <br />for the City of Portsmouth. No person shall be appointed a member of such commission <br />who is not a citizen of the United States, and a resident of the City of Portsmouth, <br />or who holds any office or post of employment under said city, or the State of Virginia <br />or any political subdivision thereof, or any public service corporation owned by said <br />city or state, other than the office of notary public, or who is an officer or member <br />of any national, state or local committee of any political party, or an officer of such <br />party, or who is an officer or member of a committee of a partisan politica~ club, or <br />an officer of such club, and who is known to be not in sympathy with the merit system. <br />Such appointments shall be made without regard to race, color, religion, sex or national <br />origin. <br /> <br /> The term of office of such commissioners shall be four years. As and when the terms <br />of office of the commissioners in office prior to the effective date of this charter shall <br />expire, their successors shall be appointed for terms of four years. Any vacancy occurring <br />after such effective date shall be filled by such judge for the unexpired portion of the <br />term of the commissioner whose office became vacant. <br /> <br /> Any member of such commission may be removed from office for incompetency, incompatibility <br />or dereliction of duty, or malfeasance in office, or for injecting, or attempting to inject, <br />political, religious, racial or other unlawful discriminatory influence into the administrati~ <br />of the provisions of this article, or for other good cause, by the circuit court of for <br />the City of Portsmouth; provided, however, that no member of the commission shall be removed <br />until charges have been preferred in writing, due notice and a full hearing had. <br /> <br /> The members of such commission shall devote due time and attention to the performance <br />of the duties herein specified and imposed upon them. Two members of such commission shall <br />constitute a quorum and the votes of any two members of such commission concurring shall <br />be sufficient for the decision of all matters and the transaction of all business to be <br />decided or transacted by the commission under or by virtue of the provisions of this article. <br /> <br />Section 11.12. Tenure of office; discharge. <br /> <br /> The tenure of everyone holding office, place, position or employment under the civil <br />service provisions of this article, shall be only during good behavior and efficient performan <br />of duty. Any such person may be removed, discharged, suspended without pay, or reduced <br />in rank, or deprived of vacation privileges or other privileges for any of the following <br />reasons: <br /> <br />(a) Incompetent or inefficient performance of duty or inattention to or dereliction <br /> of duty; <br /> <br />(b) <br /> <br />Insubordination, discourteous treatment of the public or a fellow employee or any <br />other act of omission or commission of similar nature tending directly to discredit <br />or injure the public service or to jeopardize the effective functioning of the <br />service; or any wilful violations of the provisions of this article or the rules <br />and regulations to be adopted hereunder; <br /> <br />(c) Mental or physical unfitness for the position which the employee holds; <br /> <br />(d) <br /> <br />(e) <br /> <br />Any conduct which is dishonest, deceitful, im~0~Bt or declared criminal by statute <br />or common law, regardless of whether a crimi~Bi conviction is obtained; <br /> <br />Drunkenness or use of intoxicating liquors, narcotics or any other dangerous drug, <br />liquid or preparation to such extent that the use thereof interferes w~th the <br />efficiency or mental or physical fitness of the employee, or which precludes <br />the employee from properly performing the functions of his position; <br /> <br />;OhS <br /> <br /> <br />