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179
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<br />December 18
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<br />Section 11.01. Civil Service Commission: Creation and Term of Office.
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<br /> There shall be in the city a civil service commission, which shall be composed
<br />of three persons of known sympathy with the merit system.
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<br /> The members of such commission shall be appointed by the judges of the circuit
<br />court of h~m§~t~e~fth~r~itM of Portsmouth. No person shall be a~pointed a member of
<br />such commission who is not a citizen of the United States, and a resident of the city
<br />of Portsmouth, or who holds any office or post of employment under said city, or the State
<br />of Virginia or any political subdivision thereof, or any public service corporation owned
<br />by said city or State, other than the office of notary public, or who is an officer or
<br />member of any national, State or local committee of any political party, or an officer
<br />of such party, or who is an officer or member of a committee of a partisan political club,
<br />or an officer of such club, and who is knov~ to be not in sympathy with the merit system.
<br />Such appointments shall be made without regard to race, color, reIigion, sex or national
<br />origin.
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<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 judges for the unexpired portion of
<br />the term of the Commissioner whose Office became vacant~
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<br /> Any member of such commission may be removed from office for incompetency, incompatib
<br />lity, or dereliction of duty, or malfeasance in office, or for injecting, or attempting
<br />to inject, political,e~religious, racial or other Unlawful discriminatory :influence into
<br />the administration of the provisions of this article, or for other good cause by the circu
<br />court of h~$tings f~ the city of Portsmouth; provided, however, that no member of the
<br />commission shall be removed until charges have been preferred in writing, due notice and
<br />a full hearing had.
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<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
<br />shall constitute a quorum and the votes of any two members Of Such commission concurring
<br />shall be sufficient for the decision of all matters and the transaction of all business
<br />to be .decided or transacted by the commission under or by virtue of the provisions of
<br />this article.
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<br />Section 11.O2. Functions and Duties.
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<br /> The commission shall hold regular meetings upon call of the chairman and at least
<br />once a quarter and such additional meetings as may be required for the proper discharge
<br />of their duties.
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<br /> (a) It shall be the duty of the civil service commission to make suitable rules
<br />and regulations not inconsistent with the provisions of this article. Such rules and
<br />regulations shall provide in detail the manner in which examinations may be held, and
<br />appointments, promotions, transfers, rein§tatements, demotions, suspensions and discharges
<br />shall be made, and may also provide for any other matters connected with the general subje
<br />of personnel administration, and which may be considered desirable to further carry out
<br />the general purposes of the civil service provisions of this article, or which may be
<br />found to be in the interest of good personnel administration. The rules and regulations
<br />and any amendments thereof shall be printed, mimeographed or multigraphed for free public
<br />distribution. Such rules and regulations may be changed from time to time.
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<br /> (b) Ail tests shall be practical, and shall consist only of subjects which will
<br />fairly determine the capacity of persons examined to perform duties of the position to
<br />which appointment is to be made, and may include tests of physical fitness and of manual
<br />skill.
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<br /> (c) The commission shall make investigations concerning and report upon all matters
<br />touching the enforcement and effect of the civit service provisions of this article, and
<br />the rules and regulations prescribed hereunder; inspect all institutions, departments,
<br />offices, places, positions and employments affected hereby, and ascertain whether the
<br />civil service provisions of this article and all such rules and regulations are being
<br />obeyed.
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<br /> Such investigations may be made by the commission or by the commissioner designated
<br />by the commission for that purpose. Not only must these investigations be made by the
<br />commission, as aforesaid, but the commission must make like-investigation on petition
<br />of a citizen: duly verified, stating that irregularities or abuse exist, or setting forth
<br />in concise language, in writing, the necessity for such investigation.
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<br /> (d} In the course of such investigation or hearing as hereinafter provided for,
<br />the commission or designated commissioner, or secretary, shall have the power to admini~
<br />oaths, subpoena and require the attendance of witnesses and the production by them of
<br />books, papers, documents and accounts appertaining to the investigation and also to cause
<br />the depositions of witnesses residing within or without the city to be taken in the
<br />prescribed by law for like depositions in civil actions in the court of original and
<br />jurisdiction in civil suits of the State; and the oaths administered hereunder and the
<br />subpoenas issued hereunder shall have the same force and effect as t~e oaths administered
<br />by a circuit judge in his judicial capacity; and the failure upon the part of any person
<br />so subpoenaed to comply with the provisions of this section shall be deemed a violation
<br />of the civil service provisions of this article, and punishable as such%
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