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BULLET St. Louis City Charter Article XVIII Civil Service*

St. Louis City Charter has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis Missouri City Charter may be obtained from the Register's Office at the St. Louis City Hall.


Article XVIII
Civil Service*

* City Counselor Ops.: 7802, 8175, 8362, 8387, 9137, 9346, 9346a, 9410, 9627, 9663, 9711, 9927, 9996, 10293, 10298, 10380, 10519

Cases:

The provisions for indefinite tenure and appointments according to merit apply only to the competitive positions in the classified service and not the excepted positions. Riley v. Holland, 243 S.W. 2d 79, 262 Mo. 682 (1951).

After September 16, 1941 no one has an absolute right to occupy a classified service position without further examination. Bokern v. Scearce, 174 S.W. 2d 355, 237 Mo. App. 516 (1943).

The comptroller cannot control the policy or normal functioning of the civil service commission. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

This article did not mean the maximum salary limitation in article 8 8. Simmons v. City of St. Louis, 264 S.W. 2d 928 (1954).

The director of personnel does not have a right of appeal from a decision by the commission. Scearce v. Simmons, 294 S.W. 2d 673 (1956).

Within the framework of this article and the charter an ordinance changing the title and salary of employees is valid. Sanders v. City of St. Louis, 303 S.W. 2d 925 (1957).

Ordinances pertaining to the civil service must be recommended by the civil service commission to the board of aldermen. Abernathy v. City of St. Louis, 313 S.W. 2d 717 (1958).

Notice of dismissal by mail did not satisfy the requirements of the State Merit System Law. Wolf v. Missouri State Training School for Boys, 517 S.W. 2d 138 (1974).

A Statutory program for avoiding racial discrimination in employment was not unconstitutional as applied to the City of St. Louis. City of St. Louis v. Missouri Commission on Human Rights, 517 S.W. 2d 65 (1974).

City charter provision limiting salaries of city employees and officials to $25,000 did not violate the equal protection clause of the Fourteenth Amendment. Bruce v. Scearce, 390 F.Supp. 297 (1975).

Firemen appointed as "acting captains" for a period of time after passing the compete five examination required for assuming the duties of a captain were not entitled to the wages of a captain. Banta v. City of St. Louis, 662 S.W. 2d 899 (Mo. App. 1983).

Public employees lacked standing, as City employees, to challenge the city's actions in contracting out acute care and long term health services where they failed to exhaust their administrative remedies. Brock v. City of St. Louis, 724 S.W. 2d 721 (1987).

Public employees lacked standing as taxpayers to challenge the city's actions in contracting out acute care and long term health services where they failed to show that the city's actions would necessarily result in the loss of revenue to the city or in an increased tax burden and where, in fact, the city's actions would save a substantial amount of money in the foreseeable future. Brock v. City of St. Louis, 724 S.W. 2d 721 (1987).

Physicians who, having been offered positions as physicians-in-training and who were assured by city officials that if their work was satisfactory they would advance and complete the program, and who were a special class of civil service, did not have a constitutionally protected property interest to continued employment which entitled them to damages against the city when the city closed the medical program due to budgetary restrictions, financial exigency and other reasons. Kennedy v. City of St. Louis, 749 S.W. 2d 427 (Mo. App. 1988).

Article XVIII of the City Charter did not apply to the positions of secretary and clerk-typist employed in the service of the Firemen's Retirement System of St. Louis, thus those positions were not subject to civil service rules. Firemen's Retirement System v. St. Louis, 789 S.W. 2d 484 (Mo.banc 1990).

McQuillin:

12.76--12.81a Civil Service Generally

History:

Submission Ordinance No. 42021

Submission Ordinance Approved April 4, 1941.

Amendment Substance: repealing Sections 1 to 13, enacting a new scheme for a civil service system of personnel employment and administration for the City, in 30 new sections.

Voter Adoption Date: September 16, 1941.

Submission Ordinance No. 49103

Submission Ordinance Approved August 9, 1958.

Amendment Substance: repeal of prior Article XVIII amendment, and substituting in lieu thereof a new comprehensive detailed classified service system.

Voter Rejection Date: November 4, 1958.

Submission Ordinance No. 66327

Submission Ordinance Approved July 23, 2004.

Amendment Substance: allows board of aldermen, upon recommendation of Civil Service Commission, to amend certain provisions of Article XVIII.

Voter Rejection Date: November 2, 2004.

Section 1 Definitions.

The terms defined in this section, when used in this article, have the following meanings except where the context clearly requires otherwise:

City Counselor Ops.: 8414, 8494, 10099

(a) "Appointing authority" means any person or group of persons having power by law or ordinance, or by lawfully delegated authority, to make appointments to any position in the city service;

City Counselor Ops.: 9548

(b) "City service" or "service of the city" means all positions as herein defined, that are subject to control and regulation by the City of St. Louis as a municipal corporation or any of its officers or other agencies as such;

City Counselor Ops.: 8616

(c) "Class" or "class of positions" means a definitely recognized kind of employment in the classified service designed to embrace all positions sufficiently alike to be treated alike;

City Counselor Ops.: 7896

(d) "Classified service" means all positions in the city service except those specifically placed in the unclassified service as herein defined;

City Counselor Ops.: 7635, 8185, 8616, 10111

(e) "Compensation" means the salary, wages, fees, allowances, and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any position, but does not include any allowance for expenses authorized and incurred as incidents to employment;

City Counselor Ops.: 9032

(f) "Competitive position" means any position in the classified service not expressly designated as an excepted position in this section;

(g) "Examination" means all the tests of fitness, taken together, that are applied to determine the fitness of applicants for positions of any class;

(h) "Excepted position" means any position in the classified service not subject to the provisions of this article requiring competitive tests of fitness for appointment and such other provisions as, by their terms, apply specifically to competitive positions alone. All such positions, however, shall be subject to all the other provisions of this article insofar as consistent with law and with this exception. The following described positions, and no others, shall be deemed to be excepted positions:

(1) all positions filled by election of the people;

(2) all positions of heads of principal departments and of independent agencies, that are filled by appointment by the mayor;

(3) all positions in the Mayor's Office, except that no employee will lose their job or status due to this change;

(4) all positions of paid members of boards;

(5) all officers and employees of the board of aldermen;

City Counselor Ops.: 7608, 7615, 9192, 9508, 10109, 10384

Cases:

The excepted positions in this subsection are not subject to the indefinite tenure provisions. Riley v. Holland, 243 S.W. 2d 79, 362 Mo. 682 (1951).

History:

Submission Ordinance No. 57299

Submission Ordinance Approved February 4, 1977.

Amendment Substance: to amend Charter of the City by changing the requirements of Section 1 (h)(3) of Article XVIII and permitting the Mayor to appoint three (3) administrative assistants as "excepted positions" in addition to present positions of executive secretary and secretary and stenographer.

Voter Rejection Date: April 5, 1977.

Submission Ordinance No. 65117

Submission Ordinance Approved February 13, 2002.

Amendment Substance: to amend Charter of the City by including in "Excepted position" all positions in the Mayor's Office, and one position of Chief Staff Officer and one Public Information on the Comptroller's Staff.

Voter Rejection Date: August 6, 2002.

Submission Ordinance No. 66913

Submission Ordinance Approved November 23, 2005.

Amendment Substance: repealing Section 1(h), and enacting a new Section 1(h), relating to the definition of the term "excepted position" as it applies to the civil service system.

Voter Adoption Date: November 6, 2006.

(i) "Employee" means a person legally occupying a position;.

City Counselor Ops.: 10111

(j) "Grade" means all positions or classes of positions in the city service that are determined to be of the same level with respect to the difficulty and responsibility of their duties and any other measure of value, and for which the same rate or scale of rates of compensation is prescribed, under the provisions of this article;

(k) "Position" means any appointive or elective office, and any employment, or two or more of such offices and employments the duties of which call for services to be rendered by one person;

City Counselor Ops.: 10111

(l) "Test of fitness" means any means or measure for determining the merit and fitness of persons for original appointment or promotion to positions of a class; and

(m) "Unclassified service" means all positions not subject to the provisions of the charter, ordinances and civil service rules relating exclusively to positions in the classified service, and includes positions, as follows, and no others:

(1) all positions of members of boards, commissions, or committees serving without compensation;

(2) all other positions in which services are rendered without compensation;

(3) all officers and employees of the board of aldermen.

City Counselor Ops.: 7635, 8185, 8616, 10109, 10111

Section 2 Purpose and basic requirements of this article.

It is the purpose of this article to provide a modern and comprehensive system of personnel administration for the city, whereby economy and effectiveness in the personal services rendered to the city, and fairness and equity to the employees and the taxpayers of the city, alike, may be promoted. To accomplish this end the provisions of this article shall be liberally construed. The following principles and policies shall be observed, as basic requirements:

City Counselor Ops.: 8098, 8368, 9414, 8494, 10099

Cases:

The court may decide that certain standards of fitness are unreasonable. Mahon v. Scearce, 228 S.W. 384 (1950).

(a) Merit and fitness. All appointments and promotions to positions in the service of the city and all measures for the control and regulation of employment in such positions, and separation therefrom, shall be on the sole basis of merit and fitness, which, so far as practicable, shall be ascertained by means of competitive tests, or service ratings, or both.

City Counselor Ops.: 8381

Cases:

A Statutory program for avoiding racial discrimination in employment was not unconstitutional as applied to the City of St. Louis. City of St. Louis v. Missouri Commission on Human Rights, 517 S.W. 2d 65 (1974).

(b) Rates of pay. Fair and equitable rates of pay shall be provided with due consideration of both the employees and the taxpayers and with due observance of the principle of like pay for like work, and suitable differences in pay for differences in work.

Cases:

The "like pay for like work" requirement of the city charter was not violated by difference between compensation paid to members of security force at airport and compensation paid to members of city police force because the state, not the city, had control over the city police force. Slater v. City of St. Louis, 548 S.W. 2d 590 (1977).

City is not required to pay airport police at the same rate as metropolitan police officers, whose pay is determined by the State. Slater v. City of St. Louis, 548 S.W. 2d 590 (1977).

Firemen appointed as "acting captains" for a period of time after passing the competitive examination required for assuming the duties of a captain were not entitled to the wages of a captain. Banta v. City of St. Louis, 662 S.W. 2d 899 (Mo. App. 1983).

(c) Employees' interests. Considerations shall be given to the desires and interests of the employees insofar as consistent with the best interests of the city as an employer, and of the public served.

(d) Nature of city service. The city service, so far as practicable, shall be made attractive as a career, and each employee shall be encouraged to render his best service in willing compliance with the provisions of this article.

City Counselor Ops.: 10109

Section 3 Scope of civil service rules.

To give effect to the purpose and requirements set forth in the next preceding section, the civil service rules, hereinafter required to be adopted, shall provide for the following things, among others, with relation to the classified service as defined herein:

City Counselor Ops.: 7979, 8098, 8330, 8494, 10099

(a) Classification plan. For a systematic classification plan providing for the classification of all positions on the basis of their duties, responsibilities, and resulting qualification requirements; for definitions of the classes in the classification plan; for the allocation of all positions to their appropriate classes in the classification plan; and, for the amendment and continuous administration of the classification plan. No person shall be employed or paid in any position until the class of such position has been determined by allocation of the position by the director to its appropriate class;

(b) Compensation plan. For development and recommendation to the mayor and aldermen of a systematic compensation plan, and amendments thereto from time to time as deemed necessary, to provide for uniform scales of compensation for all positions of the several classes, by grades, with due relationships among scales of compensation of the several grades, and for the continuous administration of such compensation plan as is adopted by ordinance;

History:

Submission Ordinance No. 57154

Submission Ordinance Approved March 17, 1976.

Amendment Substance: changing requirements of Article XVIII, Secs. 3(b) and 4(a) so as to require inclusion of "excepted" positions such as the Mayor and members of the Board of Aldermen.

Voter Rejection Date: November 2, 1976.

(c) Competitive examinations. For determining merit and fitness for appointment and promotion to competitive positions by means of competitive examinations held after due public notice. The tests of fitness in such examinations shall be practical in character and designed fairly to measure the relative qualifications of candidates for positions of the several classes;

City Counselor Ops.: 8892

Cases:

A physical exam requiring firemen to have all natural teeth was unreasonable. Mahon v. Scearce, 228 S.W. 2d 384 (1950).

(d) Certification and appointment of eligibles. For certification of eligibles and for appointment and promotion to competitive positions on the basis of such tests, subject to a working test period of probation not to exceed one year. One of the highest six (6) eligibles certified or remaining on the list of eligibles certified to be appointed to each vacancy;

Cases:

A Statutory program for avoiding racial discrimination in employment was not unconstitutional as applied to the City of St. Louis. City of St. Louis v. Missouri Commission on Human Rights, 517 S.W. 2d 65 (1974).

History:

Submission Ordinance No. 65436

Submission Ordinance Approved March 11, 2002.

Amendment Substance: to amend Charter of the City by changing Certification and appointment of eligibles and change of temporary appointments.

Voter Rejection Date: August 6, 2002.

Submission Ordinance No. 66912

Submission Ordinance Approved November 23, 2005.

Amendment Substance: repealing Section 3(d), and enacting a new Section 3(d), relating to the certification and appointment of eligible candidates city employment.

Voter Adoption Date: November 6, 2006.

(e) Filling vacancies: promotions. For filling vacancies in higher competitive positions, so far as practicable on competitive examinations, either promotion or open to the public shall result in giving current permanent employees who pass an examination for a position in the classified service a preference, of five points (5) on a scale of one hundred points (100) on such competitive examination.

City Counselor Ops.: 8185

Cases:

A Statutory program for avoiding racial discrimination in employment was not unconstitutional as applied to the City of St. Louis. City of St. Louis v. Missouri Commission on Human Rights, 517 S.W. 2d 65 (1974).

History:

Submission Ordinance No. 55731

Submission Ordinance Approved December 30, 1970.

Amendment Substance: repeal Section 3(e) related to filling vacancies in the Classified Service (Civil Service); enacting a new Section 3(e) to provide for a separate eligibility list for promotion within a department, division or agency where the vacancy exists.

Voter Rejection Date: March 9, 1971.

Submission Ordinance No. 66911

Submission Ordinance Approved November 23, 2005.

Amendment Substance: amending Section 3(e) relating to the filling of vacancies within the civil service system.

Voter Adoption Date: November 6, 2006.

(f) Tenure of employment. For indefinite tenure of employment in positions in the classified service during meritorious service, except in cases for which definite terms are prescribed by law or charter, and except in cases of temporary appointment hereunder, but with due provision for layoff on termination of the need for employment in any position, or of funds available therefor;

City Counselor Ops.: 7980, 9771

Cases:

The specific exemption from indefinite tenure provided in this subsection shows that article VIII 1 was not repealed by inconsistency. Riley v. Holland, 243 S.W. 2d 79, 262 Mo. 682 (1951).

(g) Temporary appointments. For temporary appointments, without competitive tests, to competitive positions, for not to exceed six months, except with the approval of the Director of Personnel, but no extension will exceed three (3) months.

Cases:

This subsection on appointments applies only to appointments made without competitive tests, i.e., to situations where there is no person qualified to assume a competitive position, yet by necessity the position must be filled at least on an interim basis. Banta v. City of St. Louis, 662 S.W. 2d 899 (Mo. App. 1983).

Firemen appointed as "acting captains" for a period of time after passing the competitive examination required for assuming the duties of a captain were not entitled to the wages of a captain. Banta v. City of St. Louis, 662 S.W. 2d 899 (Mo. App. 1983).

History:

Submission Ordinance No. 65436

Submission Ordinance Approved March 11, 2002.

Amendment Substance: to amend Charter of the City by changing Certification and appointment of eligibles and change of temporary appointments.

Voter Rejection Date: August 6, 2002.

History:

Submission Ordinance No. 66912.

Submission Ordinance Approved November 23, 2005.

Amendment Substance: repealing Section 3(g), and enacting a new Section 3(g), further providing for temporary appointments to competitive positions within the civil service system.

Voter Adoption Date: November 6, 2006.

(h) Service stan dards and ratings. For the establishment of standards of service and a system of service ratings. The service ratings provided shall be given consideration in examinations for promotions, and in connection with increases in pay, layoffs, re-employments, transfers, reinstatements, reductions in pay, demotions, and removals, hereunder. Standards of service shall be established which any employee must meet to qualify for an increase in pay, reinstatement, re-employment, or promotion, and other standards shall be established, failure to meet which shall result in action for decrease in pay, demotion, or removal;

City Counselor Ops.: 7703

(i) Welfare programs. For cooperation by the director with appointing authorities in promoting programs of employee welfare, including such training, health, recreation, economic, and other programs as may be deemed desirable;

(j) Transfers. For transfers between competitive positions of the same grade for which no additional or different tests of fitness are required, in the same or different departments, for the benefit of the service directly, or indirectly for such benefit by promotion of satisfaction of the employees, or by elimination of supernumerary positions;

(k) Reinstatement. For reinstatement to and re-employment in competitive positions after layoff, and after other separation without delinquency or misconduct, where the interests of the service will be served thereby;

(l) Hours of duty, holidays and leaves. For recommendations by the commission to the mayor and aldermen, regarding ordinance provisions to regulate the hours of duty, holidays, and leaves of absence, and for administration of any such ordinances adopted. Such ordinance provisions as are adopted shall be administered and carried into effect by the department of personnel herein provided for. The minimum daily, weekly, and annual service required under regular full-time employment shall be fixed by ordinance with due relation to the requirements in private employment in the city and with a view to equity as between positions of different classes and those under different appointing authorities. The requirements may vary for different classes or conditions of employment but shall be uniform in their application to employees of the same classes under like conditions of work. The ordinance provisions shall be enforced by effective control of attendance and absence and audit of pay rolls with reference thereto. Each employee in the classified service shall be required to engage in the actual work of the office or employment held to such extent as his services may be required for the complete discharge of the duties of such office or employment and a failure so to do shall be ground for removal;

City Counselor Ops.: 7700, 7869

(m) Part-time services. For payment for part-time services on an equitable basis in relation to the hours employed as compared with the requirements for full-time service. Where less than full-time service is required or rendered in any position, compensation for such service shall be paid on the part-time basis established by such rules;

(n) Removals and demotions. For removals, demotions, and decreases in pay in the cases of employees whose service rendered is below satisfactory standards, designed to promote the efficiency of the service. Such action shall be effective only after written notice to, with right of appeal in, the employees affected, and after such investigation as is appropriate to insure that the action taken is on the sole ground of merit and fitness;

City Counselor Ops.: 7997, 9012

(o) Fines and suspensions. For fines, and for suspensions without pay for not to exceed thirty days, and for other disciplinary measures deemed desirable, of less severity than those set forth in the item next preceding;

Cases:

Although characterized by the civil service commission as a 202-day leave of absence without pay, disciplinary action against employee was in fact a suspension which exceeded the commission's authority. Stovall v. Civil Service Commission, 636 S.W. 2d 364 (Mo. App. 1982).

Where civil service commission exceeded its authority by imposing a 202-day suspension against an employee, the employee was entitled to back pay. Stovall v. Civil Service Commission, 636 S.W. 2d 364 (Mo. App. 1982).

(p) Resignations. For resignations in good standing, for investigation of reported resignations to determine their good faith, for records of the causes of resignations, and for initiating action to remove causes leading to excessive numbers of resignations of capable employees;

(q) Roster of employees. For maintenance of a complete official roster of employees showing for each employee, his name, address, class title, rate of pay, and changes in any of them, and such other information as may be deemed desirable;

(r) Retirement system. For recommendation if and when permissible under the Constitution and Laws of the state of Missouri, to the mayor and aldermen by the civil service commission of a suitable system for the retirement of employees who, by reason of injury, ill health or age, have become incapacitated for rendering satisfactory service, and for administration by the department of personnel of such retirement system as may be adopted by ordinance;

City Counselor Ops.: 8737

Cases:

Nothing in this subsection limits the board of aldermen's right to reduce an item of an appropriations ordinance for salaries. City of St. Louis v. Smith, 228 S.W. 2d 780, 360 Mo. 406 (1950).

(s) Reports by appointing officers. For reports by appointing officers of new positions and changes in the positions authorized and in the employments therein, and of attendance and absence, which upon approval by the director shall form bases for audit and approval of pay rolls by the comptroller as to compliance with this article and the rules and ordinance thereunder;

Cases:

Nothing in this subsection limits the board of aldermen's right to reduce an item of an appropriations ordinance for salaries. City of St. Louis v. Smith, 228 S.W. 2d 780, 360 Mo. 406 (1950).

(t) Audit of pay rolls. For audit of pay rolls by the comptroller as a condition precedent to payment by the treasurer or any other disbursing officer of any claim or account for personal services. The comptroller shall not approve any item of a pay roll or account for payment of any employe, or issue his warrant for any payment therefor, except on evidence satisfactory to him that the person named has been lawfully employed in a position duly authorized and is entitled to payment for actual service in such position or authorized absences therefrom at the rates, for the periods, and in the amounts, covered by such pay roll or account;

Cases:

This subsection simply means that the employee's services must be satisfactory to the employer and does not deprive the employee of any rights. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

(u) List of nonessential positions. For the listing of positions deemed nonessential for effective administration of the city's affairs, and for seeing that, as occasion arises, steps be taken toward transfer of the employees therein to any other vacant positions to which they are eligible to be transferred under the provisions of this article, and for prevention of filling of any vacancy occurring therein;

(v) Administration. For the administration and enforcement of the provisions of this article and all provisions of ordinances and rules adopted in pursuance thereof, by the director, subject to the rules of the commission and subject to appeal to and review on appeal by the commission.

Cases:

The director is empowered to make administrative decisions which do not include decisions contrary to ordinance enacted by the board of aldermen. Sanders v. City of St. Louis, 303 S.W. 2d 925 (1957).

(w) Examination fees. Such rules may provide for the charging and collection of reasonable fees from applicants for examinations, as prerequisites to the acceptance of their applications, and in such amounts as are calculated to pay part or all of the cost of preparing and holding the examinations and rating the results thereof.

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 4 Ordinances to be enacted.

The mayor and aldermen shall provide, by ordinance:

City Counselor Ops.: 8098, 8494, 9248, 10099

Cases:

Nothing in this section limits the board of aldermen's right to reduce an item of an appropriations ordinance for salaries. City of St. Louis v. Smith, 228 S.W. 2d 780, 360 Mo. 406 (1950).

(a) Compensation plan. For adoption of a comprehensive compensation plan for the fixing of rates of pay of all employees in the classified service, and amendments thereto, on recommendation of the civil service commission, and for its application and interpretation. Every appropriation and expenditure for personal services in any position in the classified service thereafter shall be made in accordance with the compensation plan so adopted and not otherwise;

City Counselor Ops.: 7869

Cases:

The language "on recommendation" in this subsection is mandatory. Kirby v. Nolte, 173 S.W. 2d 391, 351 Mo. 525 (1943).

Upon the commission's recommendation the board of aldermen may enact an ordinance which lowers the rate of pay set by a prior ordinance. Sanders v. City of St. Louis, 303 S.W. 2d 925 (1957).

City charter provision that salaries of firemen shall not be less than those of corresponding ranks of police officers whose pay is fixed by the State General Assembly is not invalid as an improper delegation of legislative responsibility. State ex rel. St. Louis Fire Fighters Association Local No. 73 v. Stemmler, 479 S.W. 2d 456 (1972).

The "like pay for like work" requirement of the city charter was not violated by difference between compensation paid to members of security force at airport and compensation paid to members of city police force because the state, not the city, had control over the city police force. Slater v. City of St. Louis, 548 S.W. 2d 590 (1977).

History:

Submission Ordinance No. 57154

Submission Ordinance Approved March 17, 1976.

Amendment Substance: changing requirements of Article XVIII, Sections 3(b) and 4(a) so as to require inclusion of "excepted" positions such as the Mayor and members of the Board of Aldermen.

Voter Rejection Date: November 2, 1976.

(b) Retirement system. For a contributory retirement system on a sound actuarial basis, if and when permissible under the Constitution and Laws of the State of Missouri, to provide for retirement of employees in the classified service who have become unable to render satisfactory service by reason of physical or mental incapacity;

V.A.M.S.:

70.600 et seq. Retirement or pensioning of officers and employees of political subdivisions

(c) Hours of duty and holidays. For regulating hours of duty, holidays, attendance, and absence, in the classified service;

City Counselor Ops.: 7869

Cases:

An ordinance providing for overtime compensation was void because it had not been recommended by the civil service commission. Abernathy v. City of St. Louis, 313 S.W. 2d 717 (1958).

(d) Appropriations for department of personnel. For appropriations for the purposes of the department of personnel, adequate to provide for the effective administration and enforcement of the provisions of this article and the rules and ordinances adopted thereunder. In each fiscal year, such appropriations shall aggregate not less than one-half of one percent of the amount of all expenditures for personal services in the city service in the fiscal year next preceding, and in default of such minimum appropriations or any part thereof, such minimum appropriations or any deficiency therein, nevertheless shall be deemed to have been made.

Cases:

Since there is a minimum appropriation for the department of personnel, the unused portion of that minimum does not revert back. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

Section 5 Department of personnel.

There is hereby created a department of personnel of the government of the city which shall consist of a director of personnel as head thereof, a civil service commission, and such other employees as may be needed.

City Counselor Ops.: 7778, 8494, 8595, 10252, 10483

Cases:

This section does not control the classification of the job of director as an office for the purpose of residency requirements. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

Section 6 Civil service commission.

(a) Qualifications, appointment and term of members. The civil service commission shall consist of three members who, on the dates of their appointment, shall have been citizens of the United States and residents of the City of St. Louis for at least two years next preceding. They shall be persons whose past records indicate that they favor the merit system of personnel administration. No person shall be eligible to appointment as a member of the civil service commission who holds any other salaried public office or who has held any elective public office or elective position in any political party, or any paid position in any political party, within the four years next preceding the date of his appointment. Members shall be appointed by the mayor without regard to any political consideration. Within thirty (30) days after the adoption of this section, the mayor shall appoint the first civil service commission, designating one member to serve for a term of two (2) years, a second member for a term of four (4) years and the third member for a term of six (6) years from the first day of July, next preceding. All subsequent appointments of members of the commission shall be for six (6) years, except that any vacancy in the membership of the commission occurring at a time other than the expiration of a term shall be filled by the appointment of a member to serve for the unexpired portion of the term.

(b) Removal of members. The mayor may remove a member of the commission only upon charges of nonfeasance, malfeasance, or misfeasance in office and after a public hearing to be held not less than ten days after notice to the member so charged, accompanied by a statement in writing of the specific acts charged. At the hearing, the member may be represented by an attorney and shall be entitled to present witnesses in his defense.

(c) Compensation. Each member of the commission shall be paid fifteen ($15) dollars for each day on which he has actually attended a meeting of the commission officially held, as a member thereof, but in no case shall any member be paid more than sixteen hundred eighty dollars ($16080) in any one fiscal year.

City Counselor Ops.: 8494, 9248, 9661, 10252

McQuillin:

12.55--12.56a Civil Service Commission

History:

Submission Ordinance No. 65418

Submission Ordinance Approved February 13, 2002

Amendment Substance: Pay of commissioners to be set by ordinance.

Voter Rejection Date: August 6, 2002

Section 7 Commission powers and duties.

The commission shall have power, and it shall be its duty:

City Counselor Ops.: 8301, 8494, 8900, 9661, 9771, 10483

Cases:

The commission has the power to promulgate a rule providing for the dismissal of an employee. Fleming v. Holland, 260 S.W. 2d 840 (1953).

An ordinance providing for overtime compensation was void because it had not been recommended by the civil service commission. Abernathy v. City of St. Louis, 313 S.W. 2d 717 (1958).

(a) Administration. To prescribe, and to amend from time to time as such action is deemed to be desirable, rules for the administration and enforcement of the provisions of this article, and of any ordinance adopted in pursuance thereof, and not inconsistent therewith;

City Counselor Ops.: 7703, 9531

(b) Ordinances. To recommend to the mayor and aldermen in accordance with this article, ordinances to provide for:

(1) a compensation plan providing properly related scales of pay for all grades of positions, and rules for its interpretation and application;

(2) a plan for a system for retirement of superannuated and otherwise incapacitated employees, if and when permissible under the Constitution and Laws of the State of Missouri;

(3) regulation of hours of duty, holidays, attendance and absence;

(4) such other matters within the scope of this article as require action by the mayor and aldermen;

(5) such changes in any such matters from time to time as may be deemed to be warranted;

City Counselor Ops.: 7700, 7869, 8098

(c) Investigations. To make such inquiries and investigations as it may deem to be warranted regarding the administration and effect of the provisions of this article and of ordinances and rules adopted in accordance therewith, and to make such recommendations to the director and to the mayor and aldermen as in its judgment may be warranted in the premises;

City Counselor Ops.: 9531

(d) Decisions. To consider and determine any matter involved in the administration and enforcement of this article and the rules and ordinances adopted in accordance therewith that may be referred to it for decision by the director, or on appeal by any appointing authority, employee, or taxpayer of the city, from any act of the director or of any appointing authority. The decision of the commission in all such matters shall be final, subject, however, to any right of action under any law of the state or of the United States;

City Counselor Ops.: 7691, 8101, 9531, 9544

Cases:

Where civil service commission exceeded its authority by imposing a 202-day suspension against an employee, the employee was entitled to back pay. Stovall v. Civil Service Commission, 636 S.W. 2d 364 (Mo. App. 1982).

This section provides for an administrative remedy which must be exhausted before resorting to courts. State v. Scearce, 303 S.W. 2d 175 (1957): Feldman v. City of St. Louis, 338 S.W. 2d 345 (1960).

No right of appeal from the commission is accorded the director of personnel. Scearce v. Simmons, 294 S.W. 2d 673 (1954).

(e) Director. To hold an examination for the position of director, whenever eligibles therefor are needed, and to certify eligibles resulting therefrom to the mayor, and also to perform all such duties with reference to that position as are assigned to the director as to all other positions in the classified service; and

(f) Reports. To transmit to the mayor and aldermen, with such additions and comments as it may desire to make, such annual and special reports as the director of personnel may submit for its action;

(g) Reinstatement of employees. To order the reinstatement without loss of pay of any employee who has been discharged, demoted, or reduced in rank or compensation for religious, racial or political reasons.

Cases:

Where civil service commission exceeded its authority by imposing a 202-day suspension against any employee, the employee was entitled to back pay. Stovall v. Civil Service Commission, 636 S.W. 2d 364 (Mo. App. 1982).

(h) Limitations. Except as provided in this section, the commission shall have no administrative powers or duties. Except as so provided, it shall have no power to direct or control any employee of the department of personnel or other employee of the city, or the action to be taken by any of them in any matter or case. Neither the commission nor any of its members shall have power to take any action except by majority vote in meeting assembled.

City Counselor Ops.: 9531

Section 8 Director of personnel--Appointment; qualifications; compensation.

The director of personnel shall be appointed by the mayor from a certification of eligibles made by the civil service commission from an eligible list established by means of competitive tests of fitness conducted by the civil service commission, within thirty (30) days after such certification. One of the three eligibles standing highest on such certification who have indicated their willingness to accept appointment shall be appointed by the mayor. The commission shall secure such information and assistance as may be practicable in formulating the fitness tests for director and rating the results, from persons experienced in public personnel administration. Any person to become eligible for appointment as director shall have had not less than five (5) years' experience in personnel administration, of which not less than two years shall have been in public personnel administration, and shall be conversant with the principles and techniques of modern public personnel administration; he need not be at the time of examination or appointment, a resident of the City of St. Louis. All action under this section shall be subject to the other provisions of this article and the rules adopted in pursuance thereof, so far as consistent with this section. The commission shall fix the initial salary of the director at not less than six thousand ($6,000) dollars a year to be in effect until a compensation plan is adopted hereunder. Thereafter the salary of the director shall conform to such compensation plan.

City Counselor Ops.: 8494

Cases:

Although the director iced not be a resident of the city he must be a Missouri resident. Kirby v. Nolte, 164 S.W. 2d 1, 349 Mo. 1015 (1942).

Section 9 Director's powers and duties generally; removal from office.

The director shall be the head of the department of personnel, responsible for the conduct of all of its affairs except as to such powers and duties as are vested in the commission by this article. He shall have power and it shall be his duty, in person or through the department of personnel:

City Counselor Ops.: 8494, 9771

Cases:

The director is empowered to make administrative decisions which do not include decisions contrary to ordinances enacted by the board of aldermen. Sanders v. City of St. Louis, 303 S.W. 2d 925 (1957).

A standard set by the director that firemen have natural teeth may be held unreasonable by the court. Mahon v. Scearce, 228 S.W. 2d 384 (1950).

(a) Secretary of commission. To serve as secretary of the commission, to see to the keeping of the minutes and records thereof, to conduct investigations and prepare reports for the commission in matters under its consideration, and in all other proper ways to facilitate the actions and proceedings of the commission;

City Counselor Ops.: 9531

(b) Appointment of employees; administration. To appoint all employees of the department of personnel except the director and the members of the commission, and to direct and control their work and, under customary financial procedures of the city, the expenditures from appropriations for the department;

City Counselor Ops.: 9548

(c) Roster of employees. To establish and maintain a roster of all city employees showing the salient facts of the employment history of each employee;

(d) Preparation of rules. To prepare and recommend, for action by the commission, rules, including a classification plan and a service rating plan, drafts of ordinances for recommendation to the mayor and aldermen in matters requiring such ordinances, including a compensation plan, and changes as deemed desirable from time to time in such rules and ordinances;

City Counselor Ops.: 9544

(e) Classification of positions. To allocate each position in the classified service to its appropriate class in the classification plan adopted under the provisions of this article, and reallocate positions as conditions warrant, from class to class;

City Counselor Ops.: 9544

(f) Definitions of classes and grades. To prepare and maintain appropriate definitions of classes and grades in the classification plan and amend them from time to time as he may deem such action warranted;

City Counselor Ops.: 9544

(g) Eligible lists. To hold examinations, pass upon the qualifications of applicants, and establish eligible lists, as needed, and to certify names of eligibles to appointing authorities for filling vacancies in competitive positions;

Cases:

It was beyond the director's authority to require firemen to have natural teeth. Mahon v. Scearce, 228 S.W. 2d 384 (1950).

(h) Employee programs. To cooperate with appointing officers and others in providing programs of training for employes, for employee welfare, for promoting of employee morale, and for otherwise raising of standards of performance in the service in every practicable way;

(i) Employment transactions. To pass upon, for compliance with the provisions of the charter and ordinances and these rules, and approve or disapprove as to compliance therewith, all appointments, demotions, transfers, promotions, service ratings, leaves of absence, changes in rates of pay, suspensions, separations, and other employment transactions affecting the status of employes;

City Counselor Ops.: 9531

(j) Investigations. To make such investigations as he may deem desirable with respect to the enforcement and effect of the personnel provisions of the charter and ordinances and of the rules, and such special investigations as the commission or the mayor may request and make special reports relative thereto;

City Counselor Ops.: 8877, 9531

(k) Compensation plan. To devise and recommend to the commission a compensation plan consisting of scales of pay for the several grades or classes in due relation to each other and to rates prevailing for like employment in private industry, rules for the interpretation and application of the plan, and changes in such plan and rules from time to time as deemed desirable;

Cases:

City charter provision limiting salaries of city employees and officials to $25,000 did not violate the equal protection clause of the Fourteenth Amendment. Bruce v. Scearce, 390 F.Supp. 297 (1975).

(l) Administrative regulations. To make such administrative regulations as he may deem necessary, not inconsistent with the charter, ordinances applicable, and these rules, relative to matters involved in the administration of the personnel provisions of such charter, ordinances, and rules;

(m) Reports. To make annual reports to the commission for its approval and transmission to the mayor and aldermen on the work of the department and the administration and effect of this article, with such recommendations for action as he may deem desirable, and such special reports as may be requested by the commission or the mayor. Such reports shall be public records;

(n) Nonessential positions. To aid the mayor and aldermen, and the several appointing officers, in determining the numbers and kinds of positions needed to carry on the city's business and in discovering and labeling unnecessary positions in order that they may be designated as supernumerary, so that they may be eliminated as opportunity affords for transfer of the employees to other positions, under the provisions of this article, and so that, as they become vacant, steps may be taken to keep them from being filled;

(o) Assistance to appointing authorities. To aid the mayor and aldermen, and appointing authorities in all practicable ways in handling other personnel matters relating to positions under their jurisdictions; and

(p) Additional powers and duties. To do all other and further things necessary or proper for making effective the provisions of this article and all rules and ordinances adopted in pursuance thereof, and not inconsistent therewith, whether of the same kinds as those specified in this section, or of different kinds. The power of the director to make effective the provisions of this article and of ordinances shall not be deemed to be contingent on the adoption of rules but, in the absence of rules that are applicable, he shall have power to take such action, not inconsistent with this article or with ordinances pursuant thereto, as may be reasonably necessary and proper to effectuate the purposes thereof.

(q) The personnel director may be removed from office only upon charges of nonfeasance, malfeasance, or misfeasance in office and after a public hearing to be held not less than ten days after notice to the director accompanied by a statement in writing of the specific acts charged. The personnel director may be represented by an attorney and shall be entitled to present witnesses in his defense. The public hearing shall be conducted by the civil service commission. At the conclusion of the hearing, the commission shall recommend to the mayor whether or not the personnel director shall be removed from office. The mayor shall have the power to accept or reject the recommendation of the civil service commission and his decision shall be final.

City Counselor Ops.: 8877

Section 10 Selection of examiners and assistants; qualifications of employees.

The director of personnel may select suitable persons in the service of the city, with the consent of the appointing authorities, under whom such persons serve, to act as examiners under his direction or otherwise to assist in the administration of this article and the rules and ordinances adopted thereunder. It shall be deemed part of the official duties of all employees so selected, to render such services without extra compensation therefor and in addition to other qualifications required by this charter, all officers and employes, except day laborers, and except in such cases requiring scientific, mechanical, professional, or educational qualifications as may be determined by the civil service commission, must have resided in the city for at least one year and failing or ceasing so to reside, shall forfeit their office or employment.

City Counselor Ops.: 8014, 8185, 8234, 8368, 8602, 9059, 10080, 10345, 10452, 10477, 10510

Section 11 Offices and facilities to be provided; unauthorized compensation.

It shall be the duty of all employees of the city to allow the reasonable use of public buildings, and to heat and light them as conditions may require, for holding examinations, and in all other proper ways to facilitate the holding of such examinations. All employees of the city shall grant the director of personnel and any agent authorized by him free access to the premises, and the records relating to employes, under their control, during the usual business hours, and shall furnish them such facilities, assistance, and information as may be required in carrying into effect the provisions of this article and the rules and ordinances adopted thereunder. After notice to the comptroller by the director that any person is employed or is proposed to be paid as an employee in the classified service in any amount not provided for under the provisions of this article and any rules and ordinances in effect not inconsistent therewith, the comptroller shall be charged with notice thereof and shall not approve any further payment to such person except in accordance with such provisions.

City Counselor Ops.: 8617

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 12 Status of persons employed by city when article takes effect.

Every person who, when this article takes effect, is legally occupying, by regular appointment thereto, a position placed by this article in the classified service, shall be entitled to continue to occupy such position, without further examination for such employment, and shall become subject to the provisions of this article, including the provisions relating to service rating, with the same effect as though he had been appointed to the position occupied, under the provisions of this article. The provisions of this section also shall apply to all persons who, on the date of acquisition of any public utility hereafter acquired by the city, are regularly employed by such utility.

Cases:

An employee who was transferred to a higher position temporarily was legally employed and therefore a permanent employee. Feuchter v. City of St. Louis, 210 S.W. 2d 21, 357 Mo. 616 (1948).

Persons appointed after this article took effect were not exempt from further examination. Bokern v. Scearce, 174 S.W. 2d 355, 237 Mo. App. 526 (1943).

Section 13 Liability of officers and sureties for payment of unauthorized compensation.

No claim of any person appointed or employed contrary to the provisions of this article or the rules and ordinances thereunder, whose payroll or account is refused approval or payment, shall be paid by the city, but the officer or officers appointing or employing, or attempting to appoint or employ any such person, and the sureties on his or their official bonds, shall be liable jointly and severally for the amount due to such person by reason of such employment or purported employment. No officer, during the time of his official service or thereafter, or his surety, or other person on behalf of either, shall be reimbursed by the city for any sum so paid or recovered. The city counselor, or special counsel designated therefor by the board of aldermen, shall prosecute such actions as may be necessary to recover any sums paid contrary to the provisions of this article from any officer or officers making the appointment or continuing the employment on which such payment was based, in contravention of the provisions of this article or of the rules and ordinances made in pursuance thereof, or any officer signing or countersigning or authorizing the signing or countersigning of any order or warrant for payment, or making any payment, therefor, or from the sureties of any such officer or officers on their official bonds.

City Counselor Ops.: 8080, 9727

Cases:

This section is penal in nature and must be strictly construed. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

This section is construed as referring only to intentional or negligent wrongful appointment of an employee. State v. Kirby, 163 S.W. 2d Mo. 349 Mo. 988 (1942).

Section 14 Examinations for licenses.

The department of personnel, by agreement with any other department or other agency of the city government, may conduct examinations to determine the qualifications of applicants for licenses issued by such department or other agency, and certify the results thereof, subject to reimbursement of the reasonable costs of such service by transfer from the appropriations of the agency served to those of the department of personnel.

City Counselor Ops.: 8368

Cases:

The function of giving examinations required by ordinance as a condition for receiving a license may be delegated to the department of personnel. State v. Kirby, 163 S.W. 2d M, 349 Mo. 988 (1942).

Section 15 Unlawful conduct relating to examinations.

No person shall willfully, by himself or in cooperation with any other, defeat, deceive or obstruct any person in respect to his rights in relation to any tests of fitness or appointment to any position under the provisions of this article, and any rules or ordinances made thereunder, or shall willfully and falsely mark, grade, estimate or report upon the tests of fitness or proper standing of any person tested or certified pursuant to the provisions of this article or the service ratings of any employe, or aid in so doing, or shall willfully make any false representation concerning the same, or concerning any person tested, or shall willfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospect or chances of any person in connection with any test or appointment, or shall impersonate any other person or permit or aid in any manner any other person to impersonate him, in connection with any test or appointment, or application or request to be examined.

Section 16 Racial, political and religious discrimination forbidden.

No recommendation or question under the authority of this article shall relate to the race, political or religious opinions, affiliations or service, of any person. No person shall be appointed to a position in the classified service hereunder, nor be demoted, re-employed, promoted, removed, increased or reduced in compensation, nor in any other way be favored or discriminated against in any matter within the purview of this article, because of his race, political or religious opinions, affiliations or service.

Cases:

The limitations in this subsection do not prevent the application of a state-established nondiscrimination policy. City of St. Louis v. Missouri Commission on Human Rights, 517 S.W. 2d 65 (1974).

History:

Submission Ordinance No. 43548

Submission Ordinance Approved April 8, 1946.

Amendment Substance: by repealing Section 16, and enacting a new section simplifying language prohibiting political considerations and activities, and broadening section to include prohibitions against discriminations in the classified service based on race, political or religious opinions, affiliations or service.

Voter Adoption Date: August 6, 1946.

Section 17 Political assessments and contributions.

No person in the classified service shall be under any obligation to contribute to any political fund or to render any political service, and no such person shall do so or be removed or otherwise prejudiced for refusing to do so. No person in the city service shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in such service, or promise or threaten so to do, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or in any other manner, directly or indirectly, use his official authority or influence to compel or induce any other person to pay or render any political assessment, subscription, contribution, or service. Every such person who may have charge or control of any building, office or room occupied for any purpose of the government of the city, is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit the entry of any person, for the purpose of therein making, collecting, receiving, or giving notice of, any political assessment, subscription or contribution; and no person shall enter or remain in any such office, building, or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding, or collecting a political assessment, subscription, or contribution, nor shall any person therein give notice of, demand, collect, or receive any such assessment, subscription, or contribution; no person shall prepare or make out, or take any part in preparing or making out, any political assessment, subscription, or contribution with the intent that it shall be sent or presented to or collected from any employee in the classified service, and no person shall knowingly send or present any political assessment, subscription, or contribution to, or request its payment of, any such employe.

City Counselor Ops.: 8236, 8426

Cases:

The application of the restrictions in this section to classified employees only does not violate the equal protection clause since it serves the legitimate goal of increasing efficiency in public service. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

Section 18 Promises of official influence to affect political action.

No person, while holding any city office, or while in nomination or seeking nomination to appointment to any such office, shall corruptly use or promise to use, directly or indirectly, any official authority or influence, possessed or anticipated, to confer upon any person, or to secure or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion, or increase of salary, upon the consideration or condition that the vote or political influence or action of any person shall be given or used in behalf of any candidate, officer, or party, or upon any other corrupt condition or consideration. No person, being an officer of the city, or having or claiming any such authority or influence, in relation to the nomination, employment, confirmation, promotion, removal or increase or decrease of salary, of any employe, shall corruptly use, or promise or threaten to use, any such authority or influence, directly or indirectly, to coerce or persuade the vote or political action of any person, or the removal, discharge, or promotion of any employee of the city.

City Counselor Ops.: 8426, 10095

Section 19 Political activity of classified employes.

No person holding a position in the classified service shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election, or shall take an active part in a political campaign, or shall seek or accept nomination, election, or appointment as an officer of a political club or organization, or serve as a member of a committee of any such club or organization, or circulate or seek signatures to any petition provided for by any primary or election law, or act as a worker at the polls, or distribute badges, color, or indicia favoring or opposing a candidate for election or nomination to a public office, whether federal, state, county, or municipal. But nothing in this section shall be construed to prohibit or prevent any such person from becoming or continuing to be a member of a political club or organization or from attendance upon political meetings, from enjoying entire freedom from all interference in casting his vote, from expressing privately his opinions on all political questions, or from seeking or accepting election or appointment to public office, provided, however, that no active campaign for election shall be conducted by any employee unless he shall first resign from his position.

City Counselor Ops.: 8118, 8426, 8876, 9376, 9825, 10384

Cases:

The application of the restrictions in this section to classified employees only does not violate the equal protection clause since it serves the legitimate goal of increasing efficiency in public service, State F. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

A finding that the city's fire department Battalion Chief violated Section 19 of Amended Article XVIII of the city Charter was unsupported in the absence of any evidence that the Battalion Chief used his authority or influence as Battalion chief to coerce someone to political activity. Blackwell v. City of St. Louis, 726 S.W. 2d 760 (1987).

It is beyond debate that federal, state and local governments may place some restrictions of the political conduct of public employees. The goal is to balance the interest of the employee as a citizen, in exercising first amendment rights, and the interest of the government, as an employer, in promoting the efficiency and impartiality of public services. Blackwell v. City of St. Louis, 726 S.W. 2d 760 (1987).

Section 20 Leave to be granted for purpose of voting.

On any election day which is not a state or national holiday, the offices of the city shall remain open for business. All employees shall be entitled to vote and whenever necessary may be granted not more than four hours' leave with pay for the purpose of voting.

Cases:

For this section to conform with state statutes the words "not more than" have no effect. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

Section 21 False statements under oath.

No person knowingly and willfully shall make under oath any false statement in any application or other statement filed with, or in any proceeding before, the director of personnel, or the civil service commission, or in any investigation conducted by the director or the commission.

Section 22 Penalties for violation.

Any person who shall willfully or through culpable negligence violate or conspire to violate any provision of this article or of any ordinance made pursuant theretofore which no other punishment is provided herein, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars or by imprisonment for not to exceed six months, or both, in the discretion of the court. The conviction of any employee of any such offense shall operate automatically to terminate his service and to vacate his position. Any employee so removed from the service shall not be reinstated, reemployed or reappointed, or in any other manner re-enter the service of the City of St. Louis for a period of five years from the date of such conviction, and the comptroller and any other fiscal officers responsible for payment of any compensation to such person are hereby charged with notice thereof. Nothing in this section shall be construed to supplant or in any way affect any prosecution that may be elected to be initiated under any other provision of law relating to the nonfeasance, malfeasance, or misfeasance of public officers.

Cases:

An employee need not be convicted under this section to be validly dismissed. Fleming v. Holland, 260 S.W. 2d 840 (1943).

Section 23 Compliance with article and civil service rules.

It shall be the duty of all employees to conform to and comply with, and to aid in all proper ways in carrying into effect, the provisions of this article, and the rules and ordinances prescribed thereunder. Whenever the director of personnel shall make any order under the provisions of this article or in accordance with any rules or ordinance thereunder, the employee to whom such order is directed shall forthwith comply with the terms and provisions thereof, and any failure or neglect on the part of such employee properly to satisfy or meet the requirements of such order without sufficient justification therefor, shall be construed as grounds for his removal, subject to all rights of appeal and review provided by this article or by ordinance or law.

City Counselor Ops.: 8617

Section 24 Legal remedies for payment of unauthorized compensation.

The city counselor, or special counselor designated therefor by the board of aldermen, on complaint of any officer or employee of the city or of any taxpayer, shall prosecute, and of his own motion may prosecute, such action as may be appropriate to restrain the payment of salary or other compensation to any person appointed to or holding any position in violation of any of the provisions of this article or the rules and ordinances thereunder, or to recover any payment so made, and such right shall not be limited or denied by reason of the fact that such position shall have been classified as, or determined to be, not subject to competitive tests. All money recovered in any action brought under the provisions of this section shall, when collected, be paid into the treasury of the city.

Section 25 Investigatory powers of director; payment of witnesses.

In the course of any hearing, investigation, or tests of fitness conducted under the provisions of this article, the director of personnel and any other person authorized by him as his representative for such purposes, shall have power to administer oaths, to subpoena and require the attendance of witnesses within the city and the production by them of books and papers pertinent to any matter of inquiry and to examine such witnesses under oath, in relation to any matter properly involved in such proceeding. For such purposes, the director or his authorized representative may invoke the power of any court of record in the city, or judge thereof, in term time or vacation, to compel the attendance and testifying of witnesses and the production of books and papers in compliance with such subpoenas. All witnesses so subpoenaed, who are not employees of the city, shall be entitled to the same fees as are allowed in civil cases in courts of record, which shall be paid upon vouchers approved by the director of personnel from the appropriations of the department of personnel on the audit and warrant of the comptroller.

City Counselor Ops.: 9531

History:

Submission Ordinance No. 66330

Submission Ordinance Approved July 23, 2004.

Amendment Substance: restructures city finance offices and functions.

Voter Rejection Date: November 2, 2004.

Section 26 Effect of established titles and rates of pay.

The titles and rates of pay of any positions in the classified service, as set forth in any ordinance or appropriation now or hereafter in effect, shall be deemed to be permissive only, authorizing positions that might properly be designated by such titles and compensated at such rates if so constituted that such titles and rates would apply under the provisions of this article, but not as mandatory in requiring that such titles shall be used to designate such positions to the exclusion of all others or that payments shall be made at such rates, irrespective of the true nature of the positions existing by virtue of such authority and of whether such titles and rates are appropriate to the positions as actually constituted.

Section 27 Partial invalidity of provisions.

If any part of this amendment is held by competent authority to be invalid, every other part thereof not so held, shall continue in full force and effect as though such invalid part had not been included therein.

Section 28 Repeal of inconsistent provisions.

All provisions of the city charter and ordinances and rules thereunder, or parts thereof, inconsistent with this amendment, are hereby repealed.

Cases:

When there has been no repeal in specific terms, a former provision will not be repealed unless the two are irreconcilable. Simmons v. City of St. Louis, 264 S.W. 2d 928 (1954).

Section 29 Powers and duties of efficiency board vested in personnel board.

All powers and duties delegated to the efficiency board by this charter which are not specifically repealed by this amendment are preserved in full force and effect to the personnel department.

Section 30 Effective date.

This amendment shall take effect immediately, except that payrolls may be certified and payments be made thereon, under the provisions of previously existing charter provisions, and ordinances and rules, applicable thereto, during such temporary period not to exceed one year as is necessary, in the opinion of the civil service commission, to provide for the director of personnel, the rules, the classification and compensation plans, the ordinances, the allocation of the existing positions to their appropriate classes and the fixing of the rates of compensation thereunder, and the forms and procedures, necessary for full compliance with the provisions of this article.

Cases:

A charter amendment can provide that it shall be effective when adopted. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).

As far as the right to appeal to the commission is concerned, the amendment became effective when adopted. State v. Hertenstein, 163 S.W. 2d 963, 349 Mo. 1010 (1942).

Section 31 Fire department.

(a) Notwithstanding any other provisions of this charter or ordinances of the City of St. Louis to the contrary or in conflict herewith, the following designated ranks and positions of members and employees of the fire department of the City of St. Louis shall for the purposes of compensating said members and employees of said fire department by salaries for their duties be equivalent to and correspond with the ranks and positions of officers of the police force of the City of St. Louis hereinafter set forth beside each respectively, and the salaries of said designated ranks and positions of members of the fire department of the City of St. Louis shall from and after the effective date of this section and thereafter not be less than the salaries provided by law for the said equivalent and corresponding ranks and positions of officers of the police force of the City of St. Louis, set forth beside each respectively:

Fire Department

Police Force

Rank or Position  --

Rank or Position

Fire Chief--Chief of Police

Deputy Fire Chief--Lieutenant Colonel, other than Assistant Chief of Police

Battalion Fire Chief--Major

Fire Captain--Lieutenant

Fire Equipment Dispatcher III--Lieutenant

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than twenty years in the Fire Department--Patrolman who has served more than twenty years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than fifteen years in the Fire Department--Patrolman who has served more than fifteen years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than ten years in the Fire Department--Patrolman who has served more than ten years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than five years in the Fire Department--Patrolman who has served more than five years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than four years in the Fire Department--Patrolman who has served more than four years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than three years in the Fire Department--Patrolman who has served more than three years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than two years in the Fire Department--Patrolman who has served more than two years as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who has served more than one year in the Fire Department--Patrolman who has served more than one year as a patrolman

Fire Fighter, Fire Equipment Dispatcher I and II and Fire Prevention Inspector who is serving in his first year in the Fire Department--Patrolman who is beginning his first year as a patrolman

(b) All provisions of the city charter and ordinances and rules thereunder or parts thereof, inconsistent with this amendment are hereby repealed.

City Counselor Ops.: 10346

Cases:

This section is not invalid as an improper delegation of legislative responsibility and does not violate any constitutional requirement relative to separation of powers. State ex rel. St. Louis Fire Fighters Association Local No. 73 v. Stemmler, 479 S.W. 2d 456 (1972).

This section, insofar as it prescribes minimum compensation, is self-enforcing. State ex rel. St. Louis Fire Fighters Association Local No. 73 v. Stemmler, 479 S.W. 2d 456 (1972).

A proposed amendment to a city charter pursuant to an initiative petition requiring salaries of the city fire department to be not less than salaries received by members of another city's fire department was unconstitutional. State ex rel. Card v. Kaufman, 517 S.W. 2d 78 (1974).

Firemen's salaries may be above the maximum set by article VIII of this charter. Bruce v. Scearce, 390 F.Supp. 297 (1975).

Only remuneration which is "salary" is within the ambit of the section; other forms of compensation received by members of the police department are not, by virtue of this section, automatically owed to corresponding members of the fire department. St. Louis Fire Fighters Assoc. v. City of St. Louis, 637 S.W. 2d 128 (Mo. App. 1982).

An eight percent raise in pay in lieu of compensatory time off or payments for overtime hours for certain ranks of police officers constituted a raise in salary which, by virtue of this section, required an eight percent raise in salary for the corresponding ranks in the fire department. St. Louis Fire Fighters Assoc. v. City of St. Louis, 637 S.W. 2d 128 (Mo. App. 1982).

An allowance for policemen who work in nonuniform clothes, a "shift differential" for policemen who work evenings and nights, and additional compensation for policemen who complete accredited college work were not "salary" compensation and were not, by virtue of this section, automatically owed to corresponding members of the fire department. St. Louis Fire Fighters Assoc. v. City of St. Louis, 637 S.W. 2d 128 (Mo. App. 1982).

History:

Submission Ordinance No. 55656

Submission Ordinance passed over veto June 26, 1970.

Amendment Substance: amendment of Article XVIII, as amended, by enacting a new Section 31, establishing parity of compensation of City Fire Department salaries with those of the police force of the City; and detailing equivalent ranks of the two services.

Voter Adoption Date: September 15, 1970.

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