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Min 06/07/1948 r 500 Wichita Falls, Texas Memorial Auditorium Building June 7, 1948 The Board of 'Aldermen of tht City of Wichita Falls, Texas, met in called session on the Above date at 5-30 Y.M. in the Council Hoom in the Memorial Auditorium Building, 1,ath the following members present: Harold Jones Mayor C. A. Spragins E. J. Wininger J. R. Ray Aldermen John C. Coffey �( B. C. Hunter G. D. Fairtrace City Manager Kearby Peery City Attorney J. 13. Hi-ckarson Acting City Clerk Mayor Jones announced this meeting had been called for the purpose of considering matters of importance to the City of Wichita Falls. David K. Langford appeared before the Council to request a reduction in taxes on property at 2810 Tenth Street. Moved by Alderman Ray that taxes from 1929 to 1947, inclusive, on Lots 9, 10, and East 10 Ft. of Lot 11, Block 30, Floral Heights Addition to the City of Wichita Falls, be reduced from $2118.87 to $1500.00. Motion seconded by Alderman Wininger and carnied. Moved by Alderman Spragins that: the Civil Service rules and regulations governing the Police and Fire Departments be adopted, as corrected, a corrected copy being attached hereto and made a part hereof. Motion seconded by Alderman Hunter and carried. Moved by Alderman Ray that the City Attorney be authorized and instructed to institute and prosecute to final judgment condemnation proceedings against Mr. Thomas E. White on land necessary to straighten Glenwood Street at Avenue X. Motion seconded by Alderman Wininger and carried. Moved by Alderman Spragins that the City Attorney be authorized and instructed to proceed to institute suit against Ray Puckett, owner of the trailer camp at 1601-9th St., to enforce all health, fire, plumbing and electrical ordinances of the City of Wichita Falls. Motion seconded by Alderman Huhter and carried. 501 The City Manager presented estimates on Repairs to Police Station as follows: Cutting doors and Making Hallway $500.00 Plumbing Changes 400.00 Portable Jail Cells 1000,00 Floor Covering 2000.00 Painting (1 coat) 2100,00 Total 6000.00 and byy common consent of the Council, the above expenditures were authorized, same to be paid out of Parking Meter Fund. Moved by Alderman Spra6ins that the meeting be adjourned. Motion seconded by Alderman Wininger and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 14th day of June, 191+8. Mayor ATTEST: City Cle rk P R E A M B L E Under and pursuant to the provisions of Article 1269m of Chapter 22, Title 28, Vernon's Annotated Revised Civil Statutes of the State of Texas, the Fire- men's and Policemen's Civil Service Commission of the City of 14ichita Falls, Texas, does hereby adopt the following rules and reeul.ations for the conduct of its business. ,919 ION 1 Definitions By the term "Fireman" is meant any member of the Fire Department who craws compensation for his service as a member of said Department. By the term "Police- man" is meant any member of the Police Department who draws compensation for his service as a member of said Oepartment. By the term "Commission" as used herein is meant the Firemen's and Policemen's Civil, Service Commission. The term "Direc- tor" means Director of Firemen's and Policemen's Civil Service. S*'CTION 2 Orgawnization of Commission The Commission shall consist of three (3) members and shall meet as often as necessary to transact business and then upon the 'eall of any two (2) members. Tiao (2) members shall constitute a quorum to transact business. The Commission shall select one of its members to act as Chairman for whatever period of time the Commission deems proper. Section Classif is ation (a) Firemen shall be classified as follows: Chief of the Fire Dppa.rtment -+ Assistant Chief of the Fire Derertmen+• Captain Lieutenant Chief Fire Alarm Operator Fire Alarm Operator Private (b) Policemen shall be classified as follows: Chief of Police Captain of Detectives Captain of Police Sergeant of Police Detective Chief Identificetion Officer Identification Officer Patrolman Jailer (c) The classifications as listed ebove do not indic.q,te order of position or rank. but merely set up classification. '7TTION h Director The Director of Firemen's and Policemen's Civil Service shall, in addition to his statutory duties, serve as Chief Examiner for the Commission, surPrvise all examinations, maintain the eligibility lists for positions, promotions ark reinstatements and perform such other duties as the Commission ma.y d esianate or may be necessary. SECT ION 5 Status of Present Employees All Firemen and Policemen under Tichita Falls Civil Service Rules a d Re7uln- tions at the time of the ado7tion of the State Civil Service Act and sir (6) months previous service, shall retain the position, rank, and seniority rating then held, unless the position be abolished or the employee dischareed. reduced in position or rank, promoted or transferred in accordance to these regulations or the provisions of the State Civil Service art. SECTION 6 Rgsidence All Firemen ani Policemen shall at all times during their employment with the City be bona fide inhabitants of the City of Wichita. Falls and actually reside within the corporat^ 1 emits of the Mtv of n rh t3 Falls . MUM q Annual Physical Mamin-ati.on 7-t-p•vT T13orhe,. or tI— r'l$'p ^ArartmPnt in& D00 o P®rprtm-af shall tavp nr Ann„al comnlete physical examination at - time and More nresnribed by thn Department Head. Fail"re of any member of th- Fire Department or Poli^P Deportment to take ,any such exani.nation when orAyr-e so to do shall be a ni.ola.tion of these ruips Pnd regulations. Every member of the Fire Department and Police Department must be in s"ch Phv4ical and mental condition as to pass the Phypiral examination and he cprabl.e of rendering efficient service to the City in the duties nreserib-A by the hea°i of the Department. SFCTION A Entrance Examinatinn. for FQbility List All vp.nencies in the Fire Department. P.nd Police Department shall be filled after open, competitive, and f ree examinations for Persons making Proper annli- cation and meeting the requirements as herein nrescribed for nositions on an elbility list. No application for position of Fireman or Policeman shall remain on fil.^ with the Commission for more than one (1) year from the d ate of reKstration. 11 elioibility lists shall expire one (1) ,yeRr from date of the examination from which such list is compiled. SECTION 9 Notice of Examination Ten (11 days in advance of any entrance examination or examination for pro- motion, the Director shell post on a bulletin board in the main lobby of the City `all, and thn office of the Commission, and in plain view. a notice of such ex- amination, and said rotire shall shout the position to be filled or for which ex- amination is to be helm , with date, time and place thereof, and in c as of ex- amination for promotion, copies of such notice shall be furnished in ousntitip4 sufficient for noatinn in the various station or s"bdenPrtmentq in which nosi- tion is to be filled. The Commission Gh^11 state in all notice,; of entrance examination the age, height, weight ord other physical reruirerents of the Position for which the examination. is Fiver. MOTION 10 Preliminary irenents or Fxamination All applications for positions in In he Fire Department and Police Department must be in the handwriting of the applicant upon the blank forms Prescribed ant' furnished by the Commission and each applicant stall under oath declare: (a) That he is s citizen of the United States and has been a resident of Vichita County for at least six (6) months prior to the date of his applica- tion, the street artl number of his residence, his post office address, his age, nInce and date of bi rth, the nature and extent of his education, his business training and experience his present employment or business, the name of former employers and his residence for the previous four (4) years, whether he has been in municipal service before and if so, when and where, and any other information deemed by the Commission material to his qua.l.ifidcations for the posit ion sought. (b) That he is free from any disease or physical defect or infirmity which might impair his ability to render good and faithful. service to the City of Oichita Falls in the position sought. He shall be renuired to take such physical. eY.aminations as shall be deemed necessary by the Commission. 411 applicants for v position as Fireman or Policeman shall give the names of five (5) reputable citizens who have known the applicant for at least one (1) year and who are competent to judge from experience the applicants fitness for the occupation in which he seeks employment and who cant estify that the applicant is known to be of good moral character, of temperate and industrious habits. No person shall he eligible to take the examination for Policeman or Fireman unless he has resided in .Tichita County for a period of six (6) months prior to the d ate of the Ming of the application anO no person shall be appointed unless he is an actual resident of the City of c. Wichita Falls . No inquiries urYler the authority of these rules shall relate to the reli- gious or political opinion of any Person whatsoever nor shall religious or poli- tical opinion be considered by the Commission in its examination. The Commission and the Director shall not consider any communisations as to the qualifications or merits of any candidate of a, position except such as it may desire by way of verification. The Commission may refuse to examine, or after examination, to certify eli- gible any applicant found to lack any of the established preliminary ion u.irements for the position for which the applicant applies, or who is physically or mentally unfit for the nerformancs of the duties of the position to which the applicant seeks appointment, or who is addicted to the use of barbiturates, narcotics or of intoxicating beverages to excess, or who has been guilty of a. crime or mis- demeanor involving moral turpitude or disgraceful coniuct, or who has been dis- missed from public service for delinaupney or misconduct, or who has intentionally ma.?.e v false statement of any material f act in the application, or has practiced or attempted to practice any d eception or frpud in the application, the examina- tion, or in securing his eligibility .for appointment, or whose character, in the opinion of the Commission, is unsatisfactory, or who, in the opinion of the Com- mission, is tempermentally unsuited for the position sought. Any of the fore- going disqualifications shall be cause for the removal of an emmnloyee from the service if ascertained after appointment. Applications for position in the Fire Department or Police Departrnbnt must be filed in the office of the Director during office hours and not later than twx ten (10) days preceding the date of the examination. Any city employee who leaves the employment, of the Fire Department or Police Department, regardless of the cause, shall not be permitted thereafter to take any examination for a position in either department ex^ept by special permission of the Commission. He must then fulfill all requirements of a new employee taking his entrance Pxarmination as to age, weight, etc. SECTION 11 Applicants for Position in the_Police Department All applicants for position in the police Department shall alto meet the fol- lowinp requirements: (a.) Pe not less than five feet, then inches (5110H) nor more than six feet, four inches (614") in height, with a weight and average chest measurement conforming to their height according to the figure shown in the folloaring table: HEIGHT TJIGHT CRST &VURE TS Minimum maximum expanded In. Mobility In. 5 ft. 10 in. 165 190 361 21 5 ft. 11. in. 172 197 37 21 6 ft. 177 20 371 3 6 ft. 1 in. 18h 209 38 3 6 ft. 2 in. 191 216 387 3 6 .ft. 3 in. 198 223 39 3 6 ft. 4 in. 205 M go 3k (b) The Commission may, in snecia.l cases, wherein it is in its best judgment for the efficiency of the police Department, allow the applicant the margin of five (5) pounds lighter or five (5) pounds heavier. (c) The applicant shah_ first present himself to the medical examiner for a physical examination, if the Director so desires. If found to be physically fit for the service, the medical_ examiner shall certify the same to the Commission upon the blarkr provided for this purpose, this report to be final. (c) In case an applicant is permitted to first take the comretitive examination without the preceding reouiremel ts, he shall be required to take a physical examination at the time his name is placpd upon the eligible list as well as a final, physical examination at the time his name is certified for appointment. SECTION 12 Applicants for position in the Fire Department All applicants for position in the Fire Department shall also meet the fol.— lowing requirements; nine (a) Be not less than five feet, mxxmn inches (519") nor more than six feet, two inches (612") in height, weith a weight and average chest measurement conforming to their height, according to the figures shown in the following table: HEIRT WEIGHT CuEST ',�7AStMEMM1%7S r4i_nimum Maximum Fxpanded_ _Ins Mobility_In. 5 ft. 9 in. 08 177 36 21 5 ft. 10 in. 155 186 361 2 5 ft. 7.1 in. 162 194 37' 21, 6 ft. 169 203 174 1 6 ft. 1 in. 176 all 3$ 3 6 ft. 2 in. 183 2.19 14 (b) The Commission may, in special cases, wherein it is in its best, judgment for the efficiency of the Fire Department, allow the applicant the margin of five (5) pounds lighter or five (5) pounds heavier. (c) The applicant shall first present himself to the medical examiner for a physical examination, if the Director so desires. If found to be physically fit for the service, the medical examiner shall certify the same to the Commission anon the blanks onouid-4 for this vu-)ose, this report to he Vir,al... (0) In raw- pn ^^nl.icant is nPjVjVyd to first, t,l.=-, th- cof(ineti i�:„ examination without the nreceding requirements, he shall be required to take a. physical examination at the time his name is placed upon the eligible list on well as a. final physical examination at the time his name is nertified for arpointment., M T IOF 1? Conduct of Fntrance Examination All entrance examinations shell be ordered by the Commission and conducted by the Director, who may call in technical advisors when he deeps it practical so to do. All entrance examination shall be impartial and nractical and designed to test the relative qualifications and fitness of .pplicart to discharge the duti ee of the particular position he seeks. highest grade in the event the one holding; the next highest grade shall receive the appointment. In the event the person holding the highest grade is not cer- tified for the appointment, he shall be furnished with a copy of the reasons therefor as filed with the Commission, and in the event the one having the third highest grade is appointedd a copy of such reasons shall also be furnished to the one holding the second highest grade. This section shall be Limited by the other nrovisions hereof relating to nromotions . Should it be ascertained after appointment to the Fire Department or Police Department the appointee has received such appointment through error, mistake or fraud. it shall be the duty of the Fire Chief or Police Chief to discharge the Fireman or Policeman whose appointment was due to error, mistake or fraud. 1FCTION 16 Certification of Fmplqyees °,1lenever a person is certified for appointment in the Fire Department, or Police Department, the Director shall forward a record of the person so certified and appointed to the Fire C hief or Police Chief, forward a similar copy to the chief executive, and retain a copy in the civil service file4. The records hall shoal: The date notice of examination was posted, date on which person certified took examination to be placed on eligibility list, name of person or rersons conducting examination, relative position of person on eligibility List, date when nerson certified took physical examination, name of physician making examination, with information as to whetler or nob applicant was accepted or rejected, date on which reouest for filling such vacancy was made, date on which applicant was notified to report for duty and date on which his pay is to start. An eligibleccertifi.ed for appointment or promotion shall notify the Director he will accent the offer of appointment or promotion within forty-eight QV hours after he has received notice of such appointment or promotion, unless for valid reason, approved by the Commission, he is given an extension of time. Should he MT to so notify the OrPrtor of -nPnWnve, or recv!=Fe such extension ny ti,mp. h^ eY 0 1.,. be deemed to ; e"n H W in,& ty� -npnintmont or promotion -a" V0 rema SWI bs stricken foam the elir ble re Pi stp-. 570TION 1.7 ProbnWon^rr Period A nors^n who has received a nnoirtmmnt to UP Fire Department or PoRcA Department hereunder, shall serve a nrobationary period of six (6) months. During s»ch. nrobationary "40 , it shall be the duty of the Fire Chief or PoTi^e Chief to di sebarpe ^ny Fireman or Policeman who appointment was not regular, or not made in compliance with the provisions of these rulcs and regulations , or of the iiiremerlp on! Policemen's Civil.. Service ket, and to Plimi.nate from thn nayroll any suci, probationary enrloyep. S�UCY 18 Promotions Promotions shall be made from the three Al having the highest grade on the na.rticular. Promotional eligibility list concerned and as provided for original appointments set out in Section 16 hereof. No person shal1 be eligible for nromotion unless he has served in such Department for at least, two (2) years immediately preceding the date of such Promotional examination, in the n-xt Lower position to that for which such examination is to be held , and no nerson with less than four (G) ,year actual service in such Department shall be eligible for promotion to the rank of Captain. Promotional eligibility lists shad expire one (1) year from the date of the examination from which such list Y compiled. When two or more applicants have enral_ final grades from the same examina- tion for promotion, preference shall be given on the eligibility list to the. one with the Tensest continuous period of service at the time of the examination. The Commission shall order examinations to be given as often as it deems necessary. The schedule of subjects in the written examination for entrance will be based on general knowledge and contain specific sections, such as general intel- ligence, social intelliFence, general. civics, building location- ,. fire prever_tior or police adaptability and first aid. The oral examination shall be based upon a determination of general suita- bility for the position applied for by the apnlicant's reaction to typical fire fighting problems or typical police porblems and his demonstration of tact, diulo- macy, good judgment and emotional_ stability in the disposition of same. Character, backgrourrl and general adaptability to denartmpntal routine will be given close consideret,ion. The total competitive examination grade shall be marked on the scale of one hundred percent (1.00%) in accordance with the following schedule: .ritt en Preliminary Examination 40% Evaluation of Experience. and Training 301 Oral Examination 30% Any applicant for the entrance eligibility list who does not receive a grade of at Least seventy (70) on his written preliminary examin-.t.ion shall not be per- mitted to proceed further with the examination. All applicants eligible to proceed further with the examination may be re- quired by the Commission to a.tteal a, training school conducted by the Fire Depart- ment or Police Department are upon completion of said school be reouired to stand examination, given by the Director, based on the subject matters taught, in such school. The results of such examination shall be considered in the evaluation of experience and training of the applicant. Any such examination shall be free to the applicant, but without any compensation from the City. The Director shall, so far as practical, arrange such s chool so that attendance will not materially interfere with the applicant's normal business activities. An applicant who has served in the armed service of the United States, and who received an honorable discharge, shall receive five (5) points in addition to his total competitive grade. SECTION lh Examination Procedure In order that the identity to each applicant taking the written examination shall not be known to the examiner, or any other person, each applicant shall be identified by number known only to himself until the completion of the written examination and grading of papers. The applicant shall write his identification number on each paaP of his answers and should he, in any manner, place any infor- mation thereon which identifies him by name or as an individual, such examination vr.11 not be considered in computing. his grade. After the written examination, the Chief Examiner shall notify each applicant who has made the renuired Rrade to appear for oral° examination at a time and place to be designated by the Chief Examiner. Should any such applicant fail to appear as called, he shall no longer be deemed an applicant for the position for which the examination is being L7iven, unless within ten (10) days after the date set for the hearing he shall satisfy the Commission such failure was unavoidable. SECTION 15 Method of FillinjLf sitions When a vacancy occurs in the Fire Department or Police Department, the head of the Fire Department or the head of the Police Department shall recnzest in writing from the Commission the names of suitable persons from the eligibility list. and the Director shall certify to the chief executive of the City the names of three (3) persons having the highest grades on the eligibility list, and the said chief executive shall thereupon make an appointment from said three (3) names. The appointment s h all be the person with the highest grade, except there be a valid reason vfiy such appointment should be given to the one making the secorrl or third highest grade. �Thenever such appointment is made of one not holding the highest grade, such reasons shall be reduced to writing and filed t�zth the Commission, and there shall be set forth plainly ant clearly good and sufficient reasons why said appointment ,,ras not Made to the person holding the SECTICY 19 Fire Department- For the purpose of determing the r'iremen eligible for a promotional examination the Fire Department classif- ications are hereby placed in the follerwing order of position: _- . _._ CHIEF 2 ; ASS' 3. 4• r CAPTIADT + CHIEF .ALARM _ _. _._ OPERATOR _ LIEUT.5. I ►► j�LARNI OPERATOR 6 ' DRIVER.� FIR!T?AN' Police Department- For the purpose of determing the Policemen eligible for a promotional examination the .Police ,0epartment classifications are hereby placed in the followingorder of position: L. I-F , 2 _ 1 77 Capt. of i Chief de -_t I � Officer I Capt. MP 1ice � I 3, I Sdent, Gf1`icex� Detective 1 Record Cierk r Sgt. 410 5• patrolman SECTION 20 Conduct of Promotional examination -------------- --_..... --------------- All promotional examinations shall be ordered by the Commission and conducted by the Director, who may call in technical advisors when he deems it practical so to do. SECTION 21 Effioiency Ratings The Ohief of the Fire Department and Chief of the Police Department shall furnish the commission quarterly efficiency reports on each employee of his Department. The Commission may review ,And amend any such reports submitted, in which event such amended report shall be the official efficiency record. The Commission shall fix a minimum standard of efficiency for each position or rank in the service, ard whenever it shall appear from the efficiency chart or records of said Commission that the efficiency of any employee has fallen below this minimum, such failure to maintain his rating within the minimum standard shall be deemed a violation of these rules and regulations. SECTION 2? Civil Service Right s of i) enartmert Head Ren the services of the Chief of the Fire Department or Police Department are terminated as such and. he is removed as such Department Head. he shall be reinstated in the Department and placed in a position no lower than the rank he held at time of appointment, and he shall retain all rights of seniority in the Department; provided, that should. such Department Head be charged with an offense in violation of civil service rules, and be dismissed from the public service, or be discharged from his position, he shall have the same rights a,rd privileges of a hearing* before the Commission, and in the same manner and under the same con- ditions as may classified employees, and if the Commission should find such charges to be untrue, or unfounded, said employee shall thereupon immediately be restored to the Department as above provided, and said employee shall enjoy all. the r ights and privileges thereunder according to seniority, and shall be paid his full salary for the time of suspension. SECTION ft Demotions Whenever the head of the Fire Department or Police Department may d Psi re the demotion to a lower rank or position of an officer or employee under his supervision or jurisdiction, such Department Head may recommend in writing to the Commission that such employee be so demoted., giving his reasons therefor, and req*testing that the Commission make such order of demotion, furnishing a true copy of snob recommendations immediately, in person, to the employee to be affected by such demotion. The Commission shall have the authority to refuse to grant said request for demotion. If, however, the Commission feels that prob- able cause exists for said demotion, they shall give such employee ten (10) days advance written notice to appear before them at a. time and place specified in Said written notice to the emnl oyee, and said employy shall have the right t o a full and complete public hearing upon such proposed demotion. The Commission shall not demote any employee without such hearing unless such employee f ails or refuses to attend the hearing at the time and place specified. SECTION 24 Indefinite Suspensions and Termination of Employment The Chief of the Fire Department or Police Department 0 all have the power to sr spend indefinitely any officer or employee unJ er his supe-vision or ,juris- diction for the violation of civil service rules, but in every such case the officer making such order of suspension shall. within forty-eight (48) hours thereafter, file a written statement vith the Commission, giving the reasons for such suspension, and immediately furnish a copy thereof to the officer or em- ployee affected by such action, said copy to be delivered in person to such sus- pended officer or employee by the said Department Head. It shall be a violation of these rules and regulations for the affected officer or employee to . in any manner, evade or avoid the furnishing of said. copy. Said order of suspension shall inform the employee that, he has ten (10) days after receipt of a copy there- of, within which to appeal to the Commission. Any officer or employee in the Fire Department or Police Department so suspended shall have the right to anneal to the Commission, which shall hold an inquiry, and within ten (10) days after such inquiry, render a decision stating whether or not the suspended employee shall be permanently or temporarily dismissed from the Fire Department or Police Depart- ment or be restored to his former *position or stat"s in the classified servi.^P in the Department. In the event that such suspended employee is restored to his posi- tion or class of service from which he was suspended, such employee shall receive full compensation at the rate of pay provided .for the position or class of service from which he was suspended for the actual time lost as a result of such suspension. All hearings of the Commission in cases involving such suspensions shall be public. The written statement above provided to be filed by the Department Head with the Commission, shall not only point out the civil service rule alleged to have been violated by the suspended employee, but shall contain the alleged. acts of the employee which the Department Head contends are in violation of civil service rul es. It shall not be sufficient for the Department Head merely to refer to th^. provisions of the rules alleged to have been violated and in case the Department does not specifically point out the act or acts )mplained of on the part of such employee, it shell be the duty of the Commission nromptly to reinstate him. In any civil service hearing hereunder the Department Head is restricted to his original written statement and charges, which shall not be amended and no act or acts may be complained of by said. Department Head which did not happen or oc- nur «i.thin six W) months immediately preceding the date of suspension by the Department NPad. Yo employee shall be suspended or dismissed by the Commission except for violation of the civil service rules, and except upon a finning by the Co;midssior c # +Jl truth; +)f the sr.enifi.c vharce'a L p-Inof F"ah employee. In the P—ny the rk;•Hers that xi ch suspended employeP be restored to his position as above provided, it shall be the duty of the Department Head immediate- ly to reinstate him has ordered and in th^ event the Department Head fails to do Po. the employee shell by entitled to hi- sal.ary iiist As thompht he had been rppn- laxl y reinstated. In the event such Department Head willfully refuses to obey the orders of reinstatement of the Commission, and such, refusal persist.} for a period of ten (10) days , it shall be the duty of thy~ chief executive or leAsl?ti.ve body of the City to dismiss such Departments Head from his employment with the City. The Commission may punish for contempt any Department Head who willfully refuses to obey any lawful order of reinstatement of the Commission, and the Com- mission shall have the same authority to punish for contempt as has the Justice of the peace. Any member of. the Fire Department or PolYe Department whose employment with the City is voluntarily or otherwise terminated shall automatically lose any rights he may have then held under these rules and repnlat;ions aril the Fire- men's and Policemen's Civil. Service Act. S70T IOY K L Causes for Removal or Indefinite Suspension No Fireman or Policeman sh.o ll enga.g,P in, or be involved in, any of the fol- lowing acts or conduct and the same shall constitute cause for removal from ser- vice or suspension of a Fireman or Policeman; (1) Conviction of a felony or any other crime involving moral turpitude. (2) Any violation of the provisions of the Charter of the City of Wichita, Falls. (3) Acts of incompetency. (4) Neglect of duty. (5) Discourtesy by said employee to the public or to fellow employees while said employee is in line of du+v. (6) Acts or conduct of the employee shovin^ a Lack of good moral character. (7) Drinking of intoyi.cants while on dutt* or intoxication while off duty. (8) Conduct prejudicial to p_ood order. (9) Refusal or neglect to pay just debts. (10) Absence without leave. (11) Shirking duty or cowardice. (12) Violation of any rule or regulation of the Fire Department or Police Department, or of special orders, as applicable. Ignorance of the rules Lnd regulations or special orders of the Fire Department or police Department shall not be an excuse for their violation. SECTION 26 Proce-dure Before Commission In all cases of appeals to the Commission or hearings before the Commission the procedure thereof shall be in conformity with the terms of the Firemen's aryl Policemen's Civil Service Act. The employee and the head of the Department concerned shall each have the right to be represented by counsel and the hearing shall be held in conformity with good order and decorum and as prescribed by the Commission. The tirae and nl ce for all such hearings shall be get by th- Commission. SECT ION 27 Disciplinary Susp �ionsy The head of either the Fire or PolinP Department shall have the power to suspend any officer or employee under his jurisdiction or supervision for disciplinar7 purposes, for reasonable periods, not to exceed fifteen (1.5) days' provided, that in every such case the Department Head shall file with the Commission within forty-eight (48£ hours,- a written statement of action, and the Commission shall, have the power to investigate and to d etermine wheth-r .just catas4 exists therefor. In the event the Department Head fails to file said statement with the Commission within forty-eight (118) hours, the suspension shall be void and the employee shall be entitled to his fully salary. The Com- mission shall have the power to reverse the decision of the Department Head and to instruct him immediately to restore sac.h employee to his position. In the event such Department Head refuses to obey the order of the Commission, then the provisions with reference to salaries of the employees and to the discharge of the Department Henn , as well as the other provisions of Section 25 pertain- ing to such refusal of the Department Read, s>,all apply. SECTION 28 Reduction of Force In the event thay any pos ition in th e Fire D epa rtmerrt or Polic e Department is vacated or abolished by ordinance of the City Council, the employee holding such position shall be demoted to the position next below the rank of the position so vacated or abolished, provided that when any position or position- of equal rank may be abolished or vacated, the Employee or employees with the least seniority in the said rank shall be the one or ones who are demoted. In the event positions in the lowest clAssifications are abolished, vacated or reduced, and it thereby becomes necessary to dismiss employees from the Depart- ment, the employee with the least seniority shall be dismissed, but such employees as are involuntarily s eparated from the Department without charges having been filed against them for violation of civil sPrvir`e rules, shall be placed on the reinstatement list in order of their Geniori.ty. The reinstatement list shall be exhausted before appointments are made from the eligibility list. Appoint- merts from reinstatement list shall, be in order of seniority. Those who shall have been on any such reinstatement list for a period of three (3) years shall be dropped. from such list but shall be reinstated upon rerTuest from the Com- mission, and providing they are certifiers to the Commission by the Director as being physically fit to perform the duties of A Fireman or Policeman. SW_TION 29 Leaves of Absence Permanent and temporary Employees in the classified service shall be allowed a total of sick leave with full. pay computed upon a basis of one (l) full -vxorking day allowed for each full month employed in a calendar year, with an extra day added for each foux (14) months, so as to total fifteen (15) work- ing days to an employee's credit each twelvA (1.2) months. employees shall be alloimd to accumulate fifteen (15) working days of sick leave with pay in one. calendar ,year. Sick leave T-1th pay may be accumulated to a total not exceedirp, ninety (90) days, with the privilege. of an extension of sick leave in case of exhaustion of time, providing that the said employee can conclusively prove that such illness was incurred while in nerformance of his duties. Any such exterx3ed period sha.11 be without pay. Accumulated sick 1Pa.ve shall ba for, the sole purpose of permitting a classifiel service employee to be relieved of his duties during actual illness and mar not be used under any other circumstances. The existence of such ill- ness must be verified, when requested by the Department Head, by a medical certificate of a reputable, practicine physician of the City of Itfichita. Falls. In the event that an employee of the Fire or police Department for any rpason leaves the classified service he shall remain on the payroll until his accumulated sack leave is all used. Accumulated sick leave as ii-ad in this Section shall mean the accuffn lntf-i sick leave ^cnvired from a.r.d aftr-- ianllary 1., 10k9. Un`•fever. ace-lim,t)at-1 sick leave to .T.erjj oar I , 1-9hL*. sh.n11 bo ra-nani,7<,4inC?lclll tit:^ t.r.,. t n,e s,aMh c^rloype shall remair on the nlyroill aft+ar 1Qa.vtrrQ thr: r]:.ssifiAd .service and. nrovi.derl furthpr that Pfter a,n employee in trP c1r9sifi -d service has ar!auired nirrty (90) days a.ccumulat-1 sick leave from and after January 1, 1G60, no lsagve lea.vP nridor to vieb date shell ba consir3AMPd for any purpo'3^. In the event an employe- of the Fire or Poline. Department sustains an in- Jury in t1` performance of hie duties as a Firarna.n ma or Policeman he sh^?1 I-)(- pl..a,ced on in,iury leave of abspn-P with full nay for the period of time Hi ring he is incapacitated for the performsnre of hip uqu-1 duties, but in no event shall.. such le avP oP absence e-ctenr3 beyorri n, one (l) ,yeas period from the date of his injury. No employee in the c la-,sif-d service stall be permitted leave o-' absence other than nroviraerl for above Pyr- nt by qn-cial. nsnn _ssion and rrrant of the Cittr Cniir,-il and then not to emceed a n—iori of thirty dayr, and sunh leave to be without. pay. Upon recr.le"t of the fmploye.,F mir0i le?.• a of absence ml?y be e:,c- tpnded for a.rld.iti.ona,l. thirt-ir (10) day nprioOs at the discretion of the Citv Counn i_l. Failure of any employee in the nlassified service to report for duty at the e.miration of any leave of absence shall. he deemed resien-tion of s^id employee. rFCTT0N Transfers The head of th- Fire D erartment or Police Department ma.v, in his discretion, trarsfer any member of his Department f rom one assignment or detail tr, another. nro�rir'in? such new assignment or detail is in the same orr?gr of nosition for nr^motional examination. Any member of eithr�r Dep3.rtment may be temporarily transferred from orr assignment or detail to ancYLhAr without regar,4 to orrl,�r of position. This section shall he ntjmulatiire to .SPcti ens 18 and . ST'Gq'I(li�* �1 Reports of Department Heads The Department Heads s h all make prompt and romplete reports to the Com- mission of the followiing matters uz�on the blanks or forms pres^.rired, or by letter where no form is prescribed : (a.) Appointments, whether proheti.onary or as full-fledged civil service employee. (b) Reinstatements. (c) Refusal or neglect to accent Apnointment or promotion by a person uboRe name bras been certified for innointment or promotion. (d) Transfer of any employee to or from one administrative branch, or from one division to anoth®r in such. brancH, or from one position to another. (e) Leave of absence. (f) Suspensions . W Termination of employment and the cause of such termin-tion. (h) Cbrn�,,es in compensation. (i) Creation or abolition of any Position. Q) Any c hanges in the duties of ^n employee, or in the orpankation of DePa.rtmerts, (k) The Wnge of address or telephone number of any employee. Each report Qi 1.1 contain the name, address and telphone number of the employee affected , together with the date upon whi^h thi action takes affect, and such other facts and information as will ma,k^ it rossibla for the Commission to maintain a complete and correct record. SECTION ??. Political activities Employees in the Fire Denartment or Police Department shall take no active part in any political campaign of any person for an elective position of the city, county or state. The term "activ- part" shall include making politica? speeches, passim oif; cards, or other Political literature, writing letters, signing petitions , actively and openly soliciting votes, making d erop_atorY remarks about candidates for such elective positions or any other activity tending to influence any eligible voter for or ogninst any candidate for an elective position of the city*, county or state. gFCT ION ra e All original papers, including applications , examination Papers, medical. reports, and questions and eprtifiea.tes are the property of the Commission and must be filed in the office of the Director an_d kept not less than one (1) year, excepting tVr examination papers of those failing to pass the examination, which may be destroyed after sixty (60) days. SECTION ?/_, Chanye of Rules These rules and regulations may be amended, repealed or supplemented by the Commission at any time and new rules adopted. Provided that no su3h amend- ment, repeal or supplement shall be adopbedin less than seven (7) days after its proposal . The Director shall innedint07 c mice to be posited on a bulletin board located in the main lobby of the City Hall, and the Office of the Director, and in plain view, a notice of such proposed di an gas and the date of the Proposal.