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08-12-2019 Civil Service Commission MeetingRICHFIELD FIRECIVIL SERVICE COMMISSION MEETING MEETING #262 August 12,2019 ----------------------------------------------------------------------------------------------------------------- DATE:Monday,August 12, 2019 TIME:8:00 a.m. AGENDA I.Call to Order II.Approval of the Minutes of February 4, 2019 III.Approval of Revised Richfield Fire Civil Service Commission Rules and Regulations IV.Cancelation of the Current Firefighter Eligibility Roster V.Approval of the Examination Process for the Position of Firefighter VI.Other Business VII.Adjournment LOCATION:Bartholomew Room, Richfield Municipal Center 6700 Portland Avenue South Richfield, MN 55423 RICHFIELD FIRE CIVIL SERVICE COMMISSION MEETING #261 FEBRUARY 4, 2019 MEMBERS PRESENT: Mary Stratton President/Commissioner Jeffrey Bruzek Secretary/Commissioner MEMBERS ABSENT:Lisa Eder Vice President/Commissioner OTHERS PRESENT: Wayne Kewitsch Fire ChiefMike Dobesh Assistant Fire Chief Jesse Swenson Human Resources ManagerMaryTietjenCity AttorneyKari Sinning Deputy City Clerk I.CALL TO ORDER The meeting was called to order by Commissioner Stratton at 8:20 a.m. II.APPROVAL OF MINUTES OF THE CIVIL SERVICE COMMISSION MEETING OF DECEMBER 18, 2018 M/Stratton,S/Bruzek to approve the minutes. Motion carried 2-0. III.CERTIFICATION APPOINTMENT OF OFFICERS M/Bruzek, S/Stratton to appoint Mary Stratton as President.M/Stratton,S/Bruzek to appointLisa Eder as Vice President.M/Stratton,S/Bruzek to appoint Jeffrey Bruzek as Secretary. Motions carried 2-0. IV.ADOPT UPDATED FIRE CIVIL SERVICE COMMISSION RULES By unanimous consent this agenda item was tabled until the next meeting so furtherdiscussioncould be had by all commission members. V.OTHER BUSINESS President Stratton introduced herself to the commission and Jeffrey Bruzek also introduced himself.Fire Chief Kewitsch gave an overview of the commission and spoke about theresidency of the Fire Fighters at the City of Richfield.City Attorney Mary Tietjen spoke on the statutes that pertain to the Civil Service Commission and a bit of the history of the Commission.There was discussion on when to hold the next meeting to adopt the updatedcommissionrules which will be determined at a later time. VI.ADJOURNMENT The Civil Service Commission Meeting was adjourned by unanimous consent at 8:40 a.m. Submitted by: Kari Sinning Deputy City Clerk _________________________ Lisa Eder,Vice President _________________________ Jeffrey Bruzek, Secretary Date of Approval:August 12, 2019 _________________________Mary Stratton, President 1 RICHFIELD POLICE AND FIRE CIVIL SERVICE COMMISSION RULES AND REGULATIONS FIRE DEPARTMENT Revised: June 26, 2007 August 2019 2 TABLE OF CONTENTS GENERAL PROVISIONS3 SPECIAL PROVISIONS SECTION I: DEFINITION OF TERMS.. SECTION II: VETERAN’S PREFERENCE SECTION III: FIRE DEPARTMENT RULES AND REGULATIONS.. SECTION IV: VOLUNTEER/PAID-ON-CALL FIREFIGHTERS EXCLUDED. SECTION V: CLASSIFICATION AND GRADING OF CLASSIFIED POSITIONS SECTION VI: REQUIREMENTS FOR ENTRANCE AND PROMOTION SECTION VII: APPLCATIONS & NOTICE OF ACCEPTANCE OF APPLICATIONS.. SECTION VIII: PROCESSING OF APPLICATIONS . SECTION IX: NOTICE OF EXAMINATION .. SECTION X: EXAMINATIONS AND GRADING OF EXAMINATIONS SECTION XI: ELIGIBLE REGISTER AND CERTIFICATION OF CANDIDATES. SECTION XII: CERTIFICATION AND MEDICAL, PYSCHOLOGICAL, AND PHYSICAL EXAMINATOINS. SECTION XIII: STATUS OF CANDIDATES DURING ELIGIBLE PERIOD... SECTION XIV: TEMPORARY APPOINTMENTS .. SECTION XV: PERMANENT APPOINTMENTS... SECTION XVI: PROMOTIONS. SECTION XVII: LAY-OFFS. SECTION XVIII: LEAVE OF ABSENCE WITHOUT PAY SECTION XIX: SUSPENSIONS SECTION XX: DEMOTION, SUSPENSION OVER 60 DAYS, AND DISCHARGE. 3 RULES AND REGULATIONS RICHFIELD POLICE AND FIRE CIVIL SERVICE COMMISSION These rules are adopted by the Police and Fire Civil Service Commission of the City of Richfield, pursuant to Minnesota Statutes, Chapter 420 (Fire). These rules are effective as of January 2, 1975, when adopted and posted as provided by law. GENERAL PROVISIONS 1. The Fire Civil Service Commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the Police and Fire departments as listed in Sec. VI. The Commission may not, however, prescribe any residency requirements for the positions under its control, unless approved by the City Council. (419.05) and (420.06). 2. These Rules and Regulations set forth may be amended and/or waived from time to time by the Police and Fire Civil Service Commission in accordance with the laws of the State of Minnesota. The Commission may delegate its authority under these Rules to the Appointing Authority, or appropriate designees, in its discretion. SPECIAL PROVISISIONS Section I: Definition of Terms a. The term “Appointing Authority” or “Appointing Officer” means the City Manager. b. The term “City” or “Employer” means the City of Richfield, Minnesota. c. The term “Commission” means the Police and Fire Civil Service Commission of the City of Richfield, Minnesota. d. The term “Employee” includes all classified positions in the Fire Department as listed in Sec. VI. 4 e. The term “Position” includes “office” and “employment.” means those classified positions covered by these rules. f. The term “Promotion” shall mean any change, as the result of a promotional examination, from one salaried position to a position of higher employment. A position of higher employment is one, which in the determination of the Commission involves a definite change in duties and an increase in responsibility. g. The term “Provisional” appointment has the meaning given to that term by Richfield City Code 310.09, Subdivision 6: Provisional appointments may be made by the manager only to prevent the stoppage of public business or inconvenience to the public. h. The term “Temporary” appointment is defined as an appointment less than for thirty (30)-one or fewer consecutive days. (420.07-8) i. The term “Veteran” has the meaning given to the term by Minnesota Statutes, Section 43.A11: The word “veteran” as used in Minnesota Statutes, means a citizen of the United States or a resident alien who has been separated under honorable conditions from any branch of the armed forces of the United States after having served on active duty for 181 consecutive days or by reason of disability incurred while serving on active duty, or who has active military service certified under section 401, Public Law 95-202. The active military service must be certified by the United States Secretary of Defense as active military service and a discharge under honorable conditions must be issued by the Secretary. 197.447. j. The term “Volunteer Firefighter” or “Paid-on-call Firefighter” is one who is not on the payroll as a full-time employee of the Fire Department, but who serves under such rules as may be prescribed by the governing body of the City for service with the Fire Department and is engaged in the hazards of fire fighting. Section II: Veteran’s Preference The Commission shall comply with all provisions of the laws dealing with and defining Veteran’s Preference. Section III: Fire Department Rules and Regulations 5 Employees of the Richfield Fire Department will observe the Rules and Regulations of the Fire Department. Willful violation of said rules may be grounds for discipline of the Employee in accordance with the provisions of these Rules and Regulations, and other applicable policies. Section IV: Affirmative Action The practices and procedures of the Police and Fire Civil Service Commission shall comply with the provisions of the City of Richfield’s Affirmative Action Policy and program. Section IV: Volunteer/Paid-on-Call Firefighters Excluded The position of Volunteer or Paid-on-Call Firefighter is excluded from the Civil Service classified positions. Section V: Classification and Grading in Classified Positions in the Fire Department The classified Positions in the Fire Department, listed in order of grade, from highest to lowest are: Chief, Assistant Chief, Fire Marshal, Captain, Lieutenant, and Firefighter. Section VI: Requirements for Entrance and Promotion Unless otherwise provided in these Rules and Regulations, to be eligible for employment or promotion a person is required: a. To file a written application on forms approved by the Commission Richfield Human Resources; (420.06) b. To fulfill the minimum job requirements as set forth in the “Classification of Position” as established by the Commission; c. To pass the examinations approved by the Commission; d. For promotion, to fulfill the minimum experience and educational requirements for Promotion as set forth in the “Classification of Position” section; e. To be certified to the Appointing Authority by the Commission in accordance with these Rules and Regulations. 6 Section VII: Applications and Notice of Acceptance of Applications a. Applications for employment will not be accepted unless there is an upcoming examination process scheduled. b. Applications for examination may be submitted at any time with the exception except as provided in paragraph “f” “g” of this section. c. Applications must be filed on or before the closing date set in the official announcement notice of the examination provided for in Section IX. The Commission may require the candidate to furnish, at their own expense, such additional information as it deems necessary regarding their character and qualifications. Applications shall will be retained for a period of two (2) years after receipt by the Commission consistent with the Minnesota General Records Retention Schedule. d. When, in the judgement of the Commission, it is advisable to administer an examination for any Position, notice of the acceptance of applications for said Position must be published and posted as provided in Section IX. This notice must specify the last day for filing applications. Public advertisements of such notice shall will be given at least ten days in advance of the closing date for the acceptance of applications in a newspaper of general circulation in the City and posting the advertisement for ten days in the City Hall and at each Station House. (420.07-3) e. The Commission may delegate to the Appointing Authority, who in turn, may delegate to a department director the initiation of a routine testing examination process to establish an eligible register for appointment under the following conditions: (1) The Position for which the testing examination process shall will be used is a classified position which has been established by the Commission; (2) The Process to be used is consistent with the process approved by the Commission in the past for the Position(s) in each classification involved. Any changes to an approved process must be presented to the Commission in detail prior to the process commencing; (3) In an entry level Position for which the eligible register has 7 expired, or fewer candidates remain on the register than the number of eligible candidates required for consideration by the Appointing Authority to fill known or reasonably anticipated vacancies for which appointments have been authorized; (4) In a Promotional Position for which the eligible register has expired; (5) An eligible register established through this process will not be valid until certified by the Commission in the manner so designated by the Commission. f. When, in the judgement of the Appointing Authority, insufficient applications have been filed in response to public notice of acceptance of applications, the Appointing Authority may establish a later closing date, and post and publish new notices in accordance with paragraph “d” above, provided that the Commission is notified in writing of such change. g. Applications may not be accepted except for future examinations between the closing date as specified in the official notice of examination and the date of the examination. h. Candidates who are already on an existing eligible register by virtue of a prior qualification, and who meet the requirements for the new examination process, shall be notified by the Commission, in writing, with an attempt to deliver such notification by certified mail, when a new examination process is to be given for the same Position. Candidates on any cancelled eligible register desiring to be a candidate on a new register for the same Position will be required to file a new application with the Commission Richfield Human Resources, along with such other information as is required from new applicants. i. Candidates may voluntarily withdraw their names from an eligible register, or in any cases of candidates who do not respond to a current status inquiry by the Commission within a period of thirty (30) days, may be removed from such eligible register. The Commission may require that any candidate on any eligible register provide information showing whether or not they meet the current requirements for the Position for which they had previously qualified to be placed on such eligible register. Section VIII: Processing of Applications 8 Applications shall will be reviewed by the Commission or its designee to determine if they comply with the minimum qualifications required and shall be approved or rejected in accordance with the provision of these rules. At least one Commissioner shall may be present during the review of applications materials for promotions. If insufficient information has been given by the applicant, the applicant may be required to submit such additional information as the Commission deems necessary. for the following reasons: a. Failure to meet the minimum application requirements for the position. b. Failure to meet the minimum experience requirements for promotion. c. Past record of crime or disgraceful conduct which would cause the applicant to be unfit due to the frequency, nature and recentness of such records, except as otherwise provided by Minnesota State Statutes 364. d. Proven membership in an organization advocating the overthrow of the Government of the United States by force. e. Giving false information in the application. f. Previous dismissal or resignation from public or private employment because of delinquency or misconduct that would directly affect their employment. g. Failure to comply with a written request for additional information within the time limit specified. Section IX: Notice of Examination At least ten (10) days before the first phase of the examination, notice of the date, place and hour of the examination and the closing date for the acceptance of applications shall will be published in a newspaper having general circulation within the City and posted at the City Hall Municipal Center and at each station, and shall will be mailed sent to all applicants who are eligible for the examination. to the address of each applicant on record with the Commission. (420.07-3) Section X: Examinations and Grading of Examinations 9 a. The examination process for the a Position(s) in each classification involved shall will be confirmed approved by the Commission as consistent with previous approved practices. Any changes to an approved process must be presented in detail to the Commission for approval prior to the process commencing. b. The test examination process approved prescribed by the Commission may be written, oral, or in the form of a demonstration of skill, or any combination of these which in the judgement of the Commission will best serve to determine the relative fitness and ability of candidates to perform the duties of the Position or classification to which they seek appointment. The process will also include a pass/fail background investigation conducted by the Appointing Authority’s designee. c. Examinations may be administered by members of the Commission, or may be delegated, in part or in whole, to qualified personnel who are recognized authorities on the phase of the examination so delegated. d. No candidate shall have access to any of the subject matter of any phase of an examination prior to administration of same unless all candidates have equal access. Any violation of this section will subject the candidate to disqualification. e. Candidates may be required by the Commission to sign a waiver absolving the City of responsibility for personal injuries sustained in undergoing any phase of a competitive examination which is required of candidates for any position. f. If more than one phase of an examination is to be administered, the Ccommission shall will determine, prior to the administration of any part of the examination, the method of grading each phase and the weight to be used in arriving at a final composite score. This decision shall will be made at an official meeting of the Commission, and the relative weights assigned to the various phases of the examination shall will be incorporated in the minutes of such official meeting. g. Subsequent to the completing of all phases of an examination, the Commission shall will meet to review grading of the candidates and to establish and an eligible list register. Section XII: Eligible Register and Certification of Candidates 10 a. After the examinations have been graded and the Commission has met for the purpose described in Section XI(g), those candidates who have passed shall will be individually notified of their final score and rank on the eligible register and, where applicable, the right of Veteran’s preference. Candidates who fail to pass shall will be so notified individually. b. All candidates who pass the examination shall will be placed on the eligible register, and ranked according to weighted scores, without regard to the date on which the exam was taken. (420.07-4) c. Candidates who are already on the register by virtue of having passed a previous examination, will be required to take the new examination. Upon expiration of eligibility as established by the latest examination taken, the names of the candidates will be stricken from the eligible register unless their eligibility period is extended by the Commission by action at a regular meeting. d. On entry examinations, if two or more candidates who are either non-Veterans or Veterans who elect not to exercise their Veteran’s Preference, attain the same weighted score, the name of the one who first filed their application shall will be placed highest on the eligible register. On promotional examinations where two or more candidates attain the same weighted score, the names will be placed in order of the candidate’s seniority. e. The Commission shall will determine the period during which any eligible register shall will remain in effect. If an eligible register is cancelled before the expiration date, all persons on the cancelled eligible register must be notified in writing that the list is being cancelled. All persons on the register must will be notified that they have one of two choices: 1) If they meet the new application requirements and the testing process and weighted scoring is the same as the previous testing, they may furnish a new application and use their score from the previous test. 2) Furnish a new application and take all stages of the new test to establish a new overall score. The eligibility of individual names placed on any eligible register shall will expire two (2) years after placement on the register unless the Commission shall will deem it advisable to extend such eligibility for an additional period or periods. All candidates shall will be notified of the extension of the eligible register. Candidates must submit a new application if they desire to 11 remain on the register. In cases were If a previous register for the same position has been cancelled and a new register has been established, such the two (2) year eligibility period shall will run from the date of the new official register. f. Order of Certification: (1) First, certification shall will be made from the layoff list as provided for in Section XVII. (2) Second, if there is no layoff list for that position, then certification shall will be made from the eligible register. (3) Third, if there is no layoff list or eligible register for that position, then certification shall will be made from the applicant register. g. The Commission shall will certify to the Appointing Authority the names and addresses of all candidates on the application register who have passed the examination, and shall will indicate the position and examination grade of each candidate. This notification shall be known as is the “official eligible register”. It shall will be signed by the Secretary of the Commission and certified by one or both of the other Commissioners. (420.11) h. All vacancies or appointments shall will be made by the Appointing Authority from based on the recommendations of the Department Head or Appointing Authority’s Designated Representative and from such the standings on the eligible register. in accordance with standings shown there on, one One of the three highest ranking candidates is to will be offered such appointment first, in accordance with the laws of Minnesota. Section XII: Certification & Medical, Psychological and Physical Examinations a. When a vacancy exists in the Department, the names of the three persons standing highest on the eligible register will be certified in alphabetical order by the Commission to the Appointing Authority. Scores will be provided when requested by the Appointing Authority. b. The three persons must submit to the examinations and investigations prescribed in Subsection “c” of this section. The name of a candidate failing the examinations specified in 12 Subsection “c” will be removed from further consideration except as otherwise provided in Subsection “c”. In case of such removal, the Commission will certify the candidate(s) standing next highest on the eligible register and continue to do so until three candidates have passed all examinations prescribed in Subsection “c”. The results of each examination will be reported to the Commission and the Appointing Authority. c. Candidates with a conditional offer must: 1. Submit to an “Agility/Strength/Stamina” examination specified by the Commission and administered by the designee of the Appointing Authority; and 2. Submit to a medical examination specified by the Commission and performed by a physician selected by the Appointing Authority or designee. If the examining physician recommends that a disqualifying health effect can be corrected, the applicant’s name will be removed from the eligible register until the defect has been corrected. The applicant will have a reasonable time as specified by the Appointing Authority to correct the health defect and shall be personally responsible for the medical and hospital expenses necessary to meet the health standards established by the Commission. The applicant’s name will be returned to its former standing on the eligible register following correction of the defect; and 3. Submit to be examined by a qualified psychologist, who will evaluate and report on the applicant’s intellectual characteristics, emotional organization, learning attainment and ability, human relations skills, integrity, insight, performance characteristics, and goals and motivations. Said psychologist shall recommend favorably or unfavorably on the applicant’s ability to perform the duties of the position; and 4. Submit to other relevant examinations or exercises designed to assist in evaluating candidates’ potential and qualifications for the position. Section XIII: Status of Candidates During Eligible Period 13 During the period subsequent to after examination and prior to before appointment or expiration of eligibility, candidates are expected to observe rules of personal conduct in accordance with the dignity of the position they seek. The Commission shall have has the power to disqualify a candidate and strike their name from the register for any of the following reasons: a. Commission of any crime, inappropriate conduct, or violation of any rules that would have constituted grounds for rejection of their application (see Section IX herein). b. Falsification of any statement made in their application which is discovered subsequent to certification. c. A physical condition of a candidate discovered subsequent to after placement on the eligible register that would have constituted grounds for rejection of that application. (420.07-6) d. Failure to meet current qualifications established for the Position for which a candidate established their original eligibility qualifications or certifications that were required at the time the candidate established eligibility have lapsed. e. The disclosure of any information which would have, if known at the time, constituted grounds for rejection of the original application as cited in Section IX of these rules. f. Request from the candidate that their name be withdrawn from the register. g. Failure of the candidate, after a period of thirty (30) days, to furnish the Commission with information showing that they meet the current requirements for the Position for which they had previously qualified to be place on the eligible register. h. Disclosure of any act whereby the candidate, had they been an employee, would have been in violation of departmental rules and regulations. i. Non-recommendation by the psychologist after examination by the Psychologist. Disqualified names will be stricken from the register by the Fire Chief in accordance with the eligibility criteria as defined in this section and Section V and VIII. In the case of allegations of inappropriate conduct, under subsection “a” of this Section, the 14 Appointing Authority must first determine whether the alleged conduct constitutes inappropriate conduct for the purposes of this Section before the Fire Chief may strike the name. Section XIV: Temporary Appointments a. Appointments shall will be made by the Appointing Authority in accordance with Minnesota Statutes, Chapter section 420.07(8). b. If an appointment is known to will be for a period of more than thirty (30) consecutive days, such appointment shall will be made by the Appointing Authority in accordance with Section XV, Paragraph “a”. c. Refusal or acceptance of Temporary Appointments will not change the standing of candidates on the eligible register with respect to permanent appointments, nor will acceptance of a Temporary Appointment extend the eligibility of a candidate beyond the expiration of the eligible register. regular period of two years from the date of certification. d. If no candidate on the eligible register is willing to accept a Temporary Appointment, the Commission may certify the name of any other capable person. Appointment of persons with non- civil service status should will be resorted to only in case of an emergency, as determined by the Appointing Authority and acceptance of such employment the appointment confers no civil service status or privileges on the person accepting such employment the appointment. e. No Temporary Appointment, whether the appointee is eligible for permanent employment or not, shall will continue for a period of more than thirty (30) days, nor are consecutive Temporary Appointments permitted for the same Position. f. Temporary Appointments are not to be construed to be the equivalent to of acting appointments or appointments out of grade, which may be necessary to be made by the City Appointing Authority or their designee and are within the authority of the City Appointing Authority or their designee to make. Section XV: Permanent Appointments a. The Appointing Authority shall will fill vacancies occurring by reason of termination of an employee, enlargement of the force 15 or other reason creating a permanent Position, by appointment of a candidate occupying one of the first three positions on the appropriate eligible register in effect on the date of employment. b. If a candidate occupying one of the highest three positions on the eligible register refuses permanent appointment, the Appointing Authority will notify the Commission of such fact in writing, and the name of such candidate will be removed from the eligible register. c. In case of refusal of appointment as specific in paragraph “b”, If a candidate refuses appointment, the Appointing Authority will offer the appointment to one of the next three candidates occupying the highest position on the eligible register. In case of refusal of appointment by If the second candidate refuses appointment, the same procedure as outlined in paragraph “b” will be followed, until a candidate is found who will accept such appointment. d. If no candidate on the eligible register will accept permanent appointment, the Appointing Authority shall will call for the Commission to certify the next list in the order contained in Section XII (f). e. A candidate who is called for offered permanent employment shall will be granted a reasonable time in which to accept, in order to give necessary notice of resignation to their present employer or fulfill other occupational requirements. The Commission shall be notified of such circumstances if they exist, and determine if the time requested is reasonable and necessary. If an emergency exists which requires immediate appointment to the existing vacancy in the department, the Position may be filled by a Temporary Appointment in accordance with the provisions of Section XIV, such. The Temporary Appointment to will terminate when a permanent appointee is employed. Section XVI: Promotions a. Insofar as practicable, all vacancies shall be filled by Promotion from the Fire Department. Competitive examinations shall will be given for all Promotions. Examinations may be held when there are one or more individuals who can meet the established minimum requirements for examination and fulfill the requirements for the Position, and it is considered in the best interest of the service to hold such an examination. A person 16 shall be is eligible for Promotion after actual service in a salaried position approved by the Commission as tending to qualify for employment in the Position sought. The length of employment necessary to qualify a person for Promotion shall will be prescribed approved by the Commission at the time of call for an examination, provided that such period shall not be less than six (6) months. The Commission may limit the individuals who may compete to Employees of a particular office, or department, or may impose such other restrictions as in its opinion will be in the best interest of the service. b. Except as otherwise provided in these Rules and Regulations, Competitive examinations for Promotion shall will be of the same character, held in the same manner, and scored according to the same standards as are prescribed for entry examinations, provided, however, that promotion is also based upon records of credit for the duration of past service and efficiency, character, conduct, and seniority may be assigned. c. Except as otherwise provided in the Rules and Regulations, The eligible register established for promotional appointment shall will in all respects have the same standing and be subject to the same restrictions as eligible registers resulting from entry examinations. d. Every individual who receives a pPromotional appointments shall will be required to serve a probationary period which shall of 180 days, commenceing on the effective date of such promotional the appointment and continue for 180 days thereafter. A promoted Employee may be removed from the Position to which they were promoted and reduced to their former rank by the Commission Appointing Authority. Except as otherwise required by Minnesota Statutes, Section 197.46 (concerning Veterans rights and privileges), the reduction or removal, if occurring within the probationary period, may be without cause and the individual so removed or reduced shall is not be entitled to a hearing before the Commission concerning their removal or reduction. Section XVII: Lay-Offs Whenever it becomes necessary, for lack of work or funds or other reason as determined by the Appointing Authority, to reduce the department, the following procedure must be followed: 17 a. The Appointing Authority shall will notify the Commission, at least two (2) weeks in advance, giving the number of Positions to be vacated and the reason therefore. b. The Commission shall will furnish to the Appointing Authority in writing the names of the person or persons to be laid off and the order of layoff. c. Temporary, Provisional and Probationary appointees shall will be laid off first, in the order named. d. Permanent employees shall will be laid off on the basis of seniority, and in the reverse order of original appointment. e. Reinstatement shall will always be in the reverse order by the layoffs. f. No new candidates shall will be appointed to any Position vacated by layoffs until all Employees of similar classification, on the payroll as of the date of layoffs, are reinstated, or offered reinstatement as provided in paragraph “h”. g. The time limit terminating eligibility for reinstatement shall will not exceed a period of one (1) year unless the Commission takes specific action to extend such period in exceptional circumstances. h. The Employer shall recall Employees by a certified letter. The recalled Employee shall will have two (2) weeks from the time they receive the certified letter to notify the Employer of their intent to return. i. In event that If the Employee does not contact the City Appointing Authority within two (2) weeks after receiving of the date of the letter, or the Employee notified the City of their intent not to return to employment, the Employer may recall the next senior Employee. j. A recalled Employee shall have the right to may fulfill any commitment, or contract of employment with another employer or customer, but not to exceed two (2) months from the date of receipt of the recall letter. k. In the event of If a layoff is within a promotional classification, the Employee last promoted to that classification may be returned to the civil service classification held prior to the layoff 18 procedure. At such time as the promotional Positions affected by layoff are reestablished Employees will be returned to these Positions in the reverse order of the layoff. Section XVIII: Leave of Absence Without Pay a. Upon request of an Employee, a leave of absence without pay may be granted by the Appointing Authority taking into consideration good conduct, length of service, and efficiency of the Employee and the general good of the municipal service. Such leave of absence shall may not exceed a period of ninety (90) days provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, or when the Employee is detailed for military service. No vacation or sick leave benefits shall will accrue during a period of leave of absence without pay; however military leave without pay is governed by other applicable state and federal statutes. b. Leave without pay shall requires advance approval of the Appointing Authority. c. An Employee on authorized leave will retain their civil service status, but seniority or time in grade will not be accumulated during such leave. SECTION XIX: Suspensions For disciplinary purposes, or pending investigation of actions or conduct which may result in a cause for discharge or demotion, the Appointing Authority, the Department Head, or in their absence, their Designated Representative, may suspend, with or without pay, any Employee for a period of not to exceed sixty (60) days. (420.07-10, 420.08) SECTION XX: Demotion, Suspension Over 60 Days, and Discharge a. With the exception of persons not holding permanent appointments, no Fire Employee after six (6) months of continuous employment within a particular position, will be suspended in excess of sixty (60) days, demoted or discharged except for cause, and according to the following procedure: 1. Written charges against the Employee shall be filed with the Secretary of the Commission, either by the Appointing 19 Authority, the Department Head, or in their absence, their appointed designate. Such notice shall set forth the charges as filed. 2. Written notice of such the charges shall will be provided to the Employee against whom charges are filed by the Commission. 3. Investigation and trying of charges by tThe Commission will try the charges after not less than ten (10) days’ after written notice of such charges to the Employee. 4. An opportunity for tThe Employee will have an opportunity to be heard in their own defense. 5. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas, administer oaths, compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The Commission shall require, by subpoena, the attendance of any witness requested by the accused who can be found in the county in which the city is located. The Commission may make a complaint to the district court of disobedience of its subpoenas or orders under this section and the court shall prescribe notice to the person accused. The accused shall be required to obey the Commission’s subpoena and order, if found within the lawful powers of the Commission, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court, except that any officer, agent, or employee of the city who receives compensation for services shall not be entitled to fees or mileage. 6. An employee who, after investigation and trial by the civil service commission Commission, is found guilty of inefficiency, breach of duty or misconduct, may be removed, reduced or suspended. The employee’s name also may be stricken from the service register. If the board Commission determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and paid all back pay due for the period of suspension. 7. Findings, determinations and orders of the Commission for suspension, reduction or removal shall be in writing and filed 20 within three (3) days after completion of the hearing with the secretary of the Commission. The secretary shall notify the Employee of the decision in writing. Any person suspended, reduced or removed by the Commission after investigation may appeal in accordance with State Minnesota Statutes Chapter 14. The question to be determined by the court shall be: “Upon the evidence was the order of the Commission reasonable?” b. The above procedures shall not apply if the Employee elects to grieve the demotion, suspension, or discharge under the applicable labor agreement or personnel policy.