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December 9, 1969
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<br />ARTICLE XI
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<br />Personnel
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<br />§ 11.01. Civil Service Commission: Creation and Term of Office.
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<br /> (a) There shall be a civil service commission, which shall be composed of three
<br />persons. The members of such commission shall be appointed by the judge of the court
<br />of hustings for the City of Portsmouth. No person shall be appointed a member of such
<br />commission 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, other than the office of notary public. Such appoint-
<br />ments ye be.made without:'regard to race.
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<br /> (b) The term of office of such commissioners shall be four years. After the
<br />effective date of this article, as and when the terms of office of the commissioners then
<br />in office shall expire, their successors shall be appointed by the judge of the court
<br />of hustings for the City of Portsmouth 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 />verm of the commissioner whose office became vacant.
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<br /> (c) Any member of such commission may be removed fromoffice for incompetency,
<br />incompatibility, or dereliction of duty, or malfesance in office, or for injecting, or
<br />attempting to inject, political or religious influence into the administration of the
<br />provisions of this article, or for other good cause, by th~court of hustings for the
<br />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.
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<br /> (d) The members of such commission shall devote due time and attention to the
<br />performance of the duties herein specified and imposed upon them. Two members of such
<br />commission shall constitute a quorum, and the voves of any two members of such commission
<br />eon~rr~ngush~al~ be~:~fficient for the decision of all matters and the ~ransaction of all
<br />business ye be decided or transacted by the commission under or by virtue of the provisions
<br />of this article.
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<br />11.02 Functions and Duties.
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<br /> (a) The commission shall organize and hold regular meetings upon call of the
<br />chairman and ay least once a quarter and such additional meetings as may be required for
<br />the proper discharge of their duties.
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<br /> (b) 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, reinstatements, demotions, suspensions and discharges
<br />shall be made, and may also provide for any other matters connected with the general subject
<br />of personnel administration~ and which may be considered desirable to further carry out
<br />the general purposes of ~he civil service provisions of this article, or which may be
<br />found to be in the interest of good personnel administration. Such rules and regulations
<br />and any amendments thereof shall be printed and made available for free public distribution.
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<br /> (c) All tests shall be practical, and shall consist only of subjects which will
<br />fairly determine the capacity of persons examined ~o perform duties of the position
<br />which appointment is to be made, and may include tests of physical fitness and of manual
<br />skill.
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<br /> (~) The commission shall make investigations concerning and report upon all
<br />matters touching the enforcement and effect of the civil service provisions of this article,
<br />and the rules and regulations prescribed hereunder; inspec~ all institutions, departments,
<br />offices, places, positions and employments affected hereby, and ascertain whether the
<br />civil service p~ovisions of this article and all such rules and regulations are being
<br />obeyed. 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, stating that irregularities or abuse exist, or setting forth in concise
<br />language,~in writing the necessity for SUCh investigation.
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<br /> (e) In the course of such investigation or hearing as hereinafter provided for,
<br />the commission, the designated commissioner, and the secretary, shall have the power, ye
<br />administer oaths, subpoena and require the attendance of witnesses and the production by
<br />them of books, papers, documents and accounts appertaining to the investigation and also
<br />~o cause the depositions of witnesses residing within or without the city to be taken
<br />in the manner prescribed by law for like depositions in civil actions in the court of
<br />original and unlimited jurisdiction in civil suits of the State; and the oaths administered
<br />hereunder and the subpoenas issued hereunder shall have the same force and effect as the
<br />oaths administered by a circuit judge in his judicial capacity; and the failure upon the
<br />part of any person so subpoenaed to comply with the provisions of this section shall be
<br />deemed a violation of the civil service provisions of this article, and punishable as
<br />such.
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<br /> (f) All hearings and investigations before the commission, shall be governed
<br />hy this article and by the rules of practice and procedure ye be adopted by the commission,
<br />and in the conduct thereof the commission shall nov be bound by ~he technical rules of
<br />evidence. No informality in any proceeding or hearing: or in the manner of taking testimony
<br />before the commission, shall invalidate any order, decision, rule or regulation made,
<br />approved or confirmed by the commission.
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