Minutes 12/09/1969 - Laserfiche WebLink

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58(9 December 9~ 1969 11.14. Creation of Employments and Compensations. All offices, places, positions and employments coming within the purview of the civil service proVisions of this article, shall be created by the person or group of persons who, acting singly or in conjunction with others, is or are vested by law with power and authority to select, appoint or employ any person coming within the purview of this article and nothing herein contained shall infringe upon the power and authority of any such person or group of persons, or appointing power, to fix the salaries and compensation of all employees employed hereunder. ~ ll.15. Procedure in Order to Come Under Civil Service. Upon petition in writing signed by ten per cent of the employees and/or appointees of any department of the City of Portsmouth~ with the exceptions hereinafter made, to the city council of-the City of Portsmouth, requesting that their department be put under the civil service provisions of this act, it shall be the duty Of the said city council to set a date for the hearing of the said petition, at which hearing the council shall consider the written petition, shall hear the verbal plea of the petitioners or their representative or representatives, shall hear the written or verbal opposition to the said plea, made by the city administration or its representative or representatives, or any citizen or citizens of the said city and shall, by resolution or ordinance, either reject the petition, or decree that on and after a certain day the said petitioning department shall come within the provisions of and be subject to and governed by the provisions of this civil service act and the rules and regulations of the civil service co~mission created hereby as fully and completely as if it had been originally included herein. § 11.16. Officers and Employees Who Are Excluded. The civil service provisions of this act shall not be extended to include the following officers, employees or other persons: (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (b) The head or director of each department and his immediate assistant or dePuty. (c) The deputy or deputies or assistant or assistants, secretary or secretaries, clerk or clerks, appointed by an elective officer. (d) The City MAnager and the members of his office staff. (e) The City Clerk and Deputy City Clerk. the city (f) officers or m~mbers of boards, or other persons, elected or appointed by council, under provisions of law. (g) The City Attorney and all employees of the Department of Law. ~ it.17. Definition of Terms. As used in this article, the following mentioned terms shall have the following described meanings: (a) The term "commission" means the civil service commission herein created, and the term "commissioner" means any one of the three members of that commission. (b) The term "appointing power~ shall mean the city manager, or other officer with appointing authority~ or his duly authorized representative. (c) The term '~appointment'~ includes all means of selections, appointing or employing any person to hold any office, place, position, or employment to civil service. ~ ll.18. Penalties. Any person who shall wilfully violate any of the civil service provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall he punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the city jail for not longer that one year, or by both such fine ~ud imprison~ ment. The court of original and unlimited jurisdiction in criminal matters shall have jurisdiction of all such offenses defined by this article. If such convicted person be in the classified service he shall be dismissed therefrom by the court, in addition to any penalty imposed hereunder. ARTICLE XII Miscellaneous § 12.01. Present Ordinances and Rules and R~gulations Continued In Effect. All ordinances of the city and all rules, regulations and orders legally made by any department, board, commission or officer of the city, in force at the effective date of this Charter, insofar as they or any portion thereof are not injonsistent herewith, shall remain in force until amended or repealed.