§ 8-103. Civil Service Commission.

(1)

Creation, Membership and Appointment:

(a)

The Commission shall consist of seven members who shall be electors of and domiciled in the City.

(b)

The presidents or chancellors of Dillard University, Loyola University, Tulane University of Louisiana, University of New Orleans, Southern University of New Orleans, and Xavier University, after giving consideration to representation of all groups, each shall nominate three persons. In addition, the employees in the classified service of the City shall nominate three persons in the classified service of the City by means of an election called for that purpose and conducted in accordance with procedures specified by the rules of the commission. The City Council shall appoint one member of the commission from the three persons nominated by each nominating authority. If the Council fails to make an appointment within thirty days of receipt of a nomination, the nominee whose name is first on the list of nominees automatically shall become a member of the Commission.

(c)

A vacancy shall be filled by appointment in accordance with the procedure for the original appointment and from the same source. Within thirty days after a vacancy occurs or, in the case of the classified employee serving on the Commission, within ninety days after a vacancy occurs, the university president or chancellor concerned or the classified City employees shall submit three required nominations. Within thirty days thereafter, the City Council shall make the appointment. If the City Council fails to appoint within the thirty days, the nominee whose name is first on the list of nominees automatically shall become a member of the Commission. If one of the nominating authorities fails to submit nominees in the time required or if one of the named institutions ceases to exist, the City Council shall make the appointment.

(d)

A member of the Civil Service Commission may be removed by the City Council, for cause, after being served with written specifications of the charges against said member and being afforded an opportunity for a public hearing thereon by the City Council.

(2)

Functions. The Commission shall:

(a)

Appoint the Director, after competitive examination, who shall be in the classified service.

(b)

Adopt classification plans, pay plans, and rules and regulations, and any amendments thereto after public hearing.

(c)

Hear and dispose of appeals as provided in this Article.

(d)

Advise the Mayor, the Chief Administrative Officer, the Director and any other officer of the City concerning personnel matters.

(e)

Have the right to remove the Director for cause, after charges have been preferred against the Director and the Director has been provided a reasonable opportunity to be heard with respect to them and to produce evidence with respect thereto.

(f)

Investigate and publicly hear any written charges brought by any person if filed within sixty days after the alleged violation of any provision of this Article or rules and regulations adopted thereunder.

(g)

Order the withholding of compensation from any person found to be employed contrary to the provisions of this Article or rules and regulations adopted thereunder. Such order shall be directed to the appointing authority employing such person and said officer shall withhold payment of compensation to such person until authorized by the Commission, under the penalty of personal liability for any sum paid contrary to the order of the Commission, and under such other penalties as may be provided.

(h)

Approve or disapprove, after receiving the recommendations of the Director, any agreements entered into between the City and any political subdivision or public body of the State to furnish the services and facilities of the Department to it in the administration of its personnel. Any such agreement shall provide for reimbursement to the City of the reasonable cost of the services and facilities furnished.

(i)

Be vested with broad and general rule-making and subpoena powers for the administration and regulation of the classified service, including the power to adopt rules for regulating employment, promotion, demotion, suspension, reduction in pay, removal, certification, qualifications, political activities, employment conditions, layoffs, compensation and disbursements to employees, and other personnel matters and transactions; to adopt a uniform pay and classification plan; to require an appointing authority to institute an employee training and safety program; and generally to accomplish the objectives and purposes of the merit system of civil service as herein established, It may make recommendations with respect to employee training and safety. No rule, regulation, or practice of the Commission or Department or any official of the City shall favor or discriminate against any applicant or employee because of membership or non-membership in any private organization; but this shall not prohibit the City or any agency thereof from contracting with any employee organization with respect to wages, hours, grievances, working conditions, or other conditions of employment in a manner not inconsistent with this Charter, applicable state or municipal law, or valid rule or regulation of the Commission.