The following measure appeared on the November 4, 1986 General Election Ballot
REVISING THE CLASSIFIED CIVIL SERVICE SYSTEM
QUESTION: Shall Civil Service System be revised to transfer personnel administration duties from the Civil Service Board to the Personnel Bureau?
PURPOSE AND EXPLANATION OF CHARTER AMENDMENT: Reassigns daily personnel administration from Civil Service Board to Personnel Bureau. Board continues to review employee discipline and dismissals and other appeals. Personnel Bureau supervises job classification and reclassification procedure, recruitment and testing of job candidates. Expands number of candidates eligible for vacancy from three to five. Facilitates hiring of physically or mentally handicapped, unskilled and semiskilled workers. Permits Personnel Bureau to develop apprenticeship and training programs. Revisions become effective July 1, 1987.
Charter Amendment Referred to the Voters by the City Council
RESOLUTION NO. 34157 ADOPTED AUGUST 20,1986
BE IT RESOLVED by the Council of the City of Portland, Oregon, that an Act entitled.
An Act to amend an Act of the Legislative Assembly of the State of Oregon entitled: "An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a charter therefor, and to repeal all Acts or parts of Acts in conflict therewith," approved by the Governor and filed in the office of the Secretary of State, January 23, 1903, as subsequently amended by said Legislative Assembly and by the people of the City of Portland from time to time, by repealing Sections 4-102 through 4-129 and enacting new provisions in lieu thereof
BE IT ENACTED BY THE PEOPLE OF THE CITY OF PORTLAND, OREGON
Section 1. Sections 4-102 through 4-129 of the Act of the Legislative Assembly of the State of Oregon entitled: "An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a charter therefor, and to repeal all Acts or parts of Acts in conflict therewith, " approved by the Governor and filed in the office of the Secretary of State, January 23, 1903, as subsequently amended by said Legislative Assembly and by the people of the City of Portland from time to time hereby are repealed and new provisions enacted in lieu thereof to read as follows:
CHAPTER 4 CIVIL SERVICE
ARTICLE 1. PRINCIPLES AND ADMINISTRATION
Section 4-102. Policy and Purpose. It is the Purpose Of this Chapter to establish for the City a system of personnel administration which:
(1) Provides all citizens with a fair and equal opportunity for public service;
(2) Establishes conditions of service which will attract and retain officers and employees of good character, technical knowledge, skill and ability,
(3) Improves the efficiency and economy of the agencies of City service by the improvement of methods of personnel administration.
Section 4-103. Definitions. As used in this Chapter, unless the context clearly requires otherwise.
(1) "Appointing Authority" means the Commissioner-in-Charge of a Bureau and the City Auditor.
(2) "Class" or "classification,, means a group of positions in the City classified service sufficiently alike in duties, authority, and responsibility that the same qualification may reasonably be required for, and the same schedule of pay can be equitably applied to, all positions in the group.
(3) "Board" means the Civil Service Board.
(4) "Department" means the Bureau of Personnel Services.
(5) "Director" means the Director of the Bureau of Personnel Services.
(6) "Permanent employee" means an employee who has been appointed to a position in the classified service in accordance with this chapter after completing the probationary period which applies.
Section 4-104. Civil Service Board. The Civil Service Board shall consist of three (3) Commissioners. Within thirty (30) days after the taking effect of this Charter, the Mayor shall appoint, as such Commissioners, three (3) persons, known to the Mayor to be devoted to the principles of civil service reform, one of whom shall serve for two (2) years, one for four (4) years and one for six (6) years; and between the first and tenth days of July in 1905 and each second year thereafter, the Mayor shall, in like manner, appoint one person, as the successor of the Commissioner whose term of office expires in that year, to serve as such Commissioner for six (6) years. The Mayor may remove any Commissioner at any time. In the event of any such removal, the Mayor shall, within five (5) days thereafter, transmit to the Council a written report thereof and of the Mayor's reason therefor, and the Council shall forthwith appoint another person to fill the vacancy. Vacancies arising from any other cause shall be filled by appointment by the Mayor. All appointments to fill vacancies shall be for the unexpired term. No person shall be appointed as a Commissioner unless that person is a resident of the City.
Section 4-105. Offices and Equipment of the Civil Service Board. The Council shall furnish the Board with suitable offices, books and stationery, and through the Department, provide administrative support and clerical assistance reasonably necessary for the Board to perform its duties under this Chapter.
Section 4-106. Duties of the Board. The duties of the Board shall be:
(1) Review any classification action taken by the Director affecting an employee in the classified service, where the employee alleges such action to be without a rational basis or contrary to law or rule or taken for political reason. The Board shall set aside such action if it finds these allegations to be correct and remand the decision back to the Personnel Director for further review.
(2) Review the suspension, demotion or discharge of permanent employees in the classified service, where the employee alleges the discipline was for a political or religious reason, or was not in good faith, for the purpose of improving the public service. If the Board finds these allegations to be correct, the Board may order the employee's reinstatement upon such terms or conditions as may he imposed by the Board.
(3) Review appeals by candidates for appointment or promotion to positions in the classified service, where the applicant for appointment or employee/candidate for promotion alleges that the Director failed to follow rules promulgated by the Director under this Chapter for selecting candidates for appointment or promotion to classified positions. If the Board finds the allegation to be correct, the Board shall order such action as it deems necessary to fulfill the purposes and principles of this Chapter.
ARTICLE II. CATEGORIES OF SERVICE
Section 4-107. Classification, Minimum Qualifications for Each Class.
(1) The Department, under the supervision of the Director, shall adopt a classification plan which shall group all positions in the classified service in classifications based on their duties, authority and responsibilities; and which shall set forth for each classification a class title, a statement of the minimum qualifications, duties and authority and responsibility thereof
(2) In adopting a classification system, the Department shall consult with the Appointing Authorities, bureau directors, managers and employees involved. In determining the appropriate class for a position, the focus of the Department shall be limited to the duties and responsibilities assigned to the position, the knowledge and skills needed to perform the duties and the relationship of the position to other classes in the classification plan. The Director shall avoid the proliferation of "single person classifications."
(3) The Director shall conduct a periodic review of the classification plan to ensure that all positions are allocated appropriately to classifications within the plan. The classification plan and amendments thereto shall be subject to the approval by the Council.
Section 4-108. Reclassifications. A reclassification is the reallocation of a position from one classification to another classification caused by substantial changes in the duties, authority and responsibility of the position. Reclassifications must he based on a finding that the duties and responsibilities of a position have been or shall be significantly enlarged, diminished or altered.
ARTICLE 111. APPOINTMENTS AND PROMOTIONS
Section 4-109. Recruitment, Selection and Promotion; Criteria; Procedures; Duties of the Director.
(1) Recruiting, selecting and promoting employees shall be on the basis of relative ability, knowledge, experience and skills, determined by open competition and consideration of qualified applicants, without regard to race, color, religion, marital status or other non-job related factors.
(2) The Director shall establish procedures for recruitment and selection which shall include adequate public notice, affirmative action to seek out underutilized members of minority groups or women where they are underutilized, and job related testing.
(3) Competition for specific positions may be limited to facilitate employment of those with a substantial physical or mental impairment or for purposes of implementing a specific affirmative action program.
(4) Appointments to positions in the classified service shall be made on the basis of qualifications and merit by selection from eligible lists established by the Department. To fill a vacancy, the Department shall certify to the appointing authority the names of the five (5) eligible candidates standing highest upon the register for the classification. Scores may be banded where no statistically significant difference exists between candidate scores on an examination.
(5) Non-competitive selection and appointment procedures may be used for unskilled or semiskilled positions, or where job related ranking measures are not practical or appropriate. Nothing in this Chapter shall prevent the Director from adopting selection procedures which follow the principles of "apprenticeship and training" an alternative to written tests. Where "apprenticeship and training" principles are utilized, minimum qualifications and performance requirements and duties of a classification may be appropriately modified to permit appointment and promotion of trainees to positions normally filled at full proficiency level.
(6) The Department shall establish systems to provide opportunities for promotion through training, education and career development assignments in addition to the regular competitions by examination.
Section 4.110. Temporary Appointments.
(1) Temporary appointments shall be used for the purpose of meeting emergency, non-recurring and short-term workload needs of the City. However, such appointments do not carry with them "status" in the classification and are outside the classified service, and they shall not he used to defeat the open competition and objective selection procedures established by the Director.
(2) Temporary appointments may be made by the Appointing Authority in the absence and pending the preparation of an appropriate eligible list from which appointments can be made, in emergencies to prevent delay or injury to the public service, to meet a non-recurring or short-term workload need, or when the position is authorized for a seasonal period not to exceed five (5) months in duration.
(3) Each Bureau shall report its use of temporary employment to the Director each fiscal year, including the duration and reason for use or extensions, if any. The Director shall report such use to the City Council.
ARTICLE IV. RULES AND REGULATIONS
Section 4-111. Procedures.
(1) The Director shall make rules to carry out the purpose and provisions of this Chapter.
(2) Prior to the adoption, amendment or repeal of any rule by the Director, the Director shall give public notice of the proposed action at least fifteen (15) days prior to the effective date by mailing the notice to each Council member, all Bureau Directors, and every labor organization representing City employees pursuant to ORS Chapter 243. Any person interested in such rules may attend a hearing scheduled by the Director and give evidence or testimony, or may present such evidence in writing on or before a date established by the Director. After any hearing or after the date established by the Director for receipt of evidence if a hearing is not to be held, the proposed rules shall be submitted to the City Council for approval by resolution. The proposed rules shall then be adopted and filed with the Director.
ARTICLE V. HEARINGS AND APPEALS
Section 4-112. Demotion, Suspension and Termination.
(1) No employee holding a permanent position in the classified service shall be demoted, suspended or terminated, except for cause, a written statement of which shall be served upon said employee and a duplicate filed with the Director. Any employee so removed may, within ten (10) days from the action, file with the Director a written demand for a hearing before the Board. The demand must state the grounds for the appeal. The hearing before the Board shall be confined solely to determination of the question whether the decision was or was not for a political or religious reason, or was or was not made in good faith for the purpose of improving the public service. This provision shall not apply to any employee for whom there exists a grievance procedure unless a collective bargaining agreement expressly authorizes an appeal to the Board as the method or alternative method to obtain a review of the decision.
(2) The Director shall submit to the Board proposed rules and regulations to carry out the purposes of this section. The provisions of Article IV, pertaining to notice and adoption of rules by the City Council, shall apply to adoption of rules by the Board pursuant to this section.
Section 4-113. Classification Actions, Appeals.
(1) Before requesting the reclassification of any position, proposing a new classification, or proposing that a classification be abolished, the Bureau Head shall give written notice of the request or proposal to the Director who shall give written notice to the employee(s) affected, if any, and to each labor organization representing City employees in the classified service. The requirement of written notice shall also apply to a classification action that the Director initiates.
(2) Any employee adversely affected by a change in classification, or whose request was denied, and any appointing authority who disagrees with the classification determination, may file with the Director, a written request for reconsideration thereof, and must be given a reasonable opportunity to be heard thereon by the Director.
(3) Any employee or appointing authority who is aggrieved by the Director's decision on an appeal under subsection (2) above, may have that decision reviewed by the Board, if the employee or appointing authority submits a written request alleging that there is no rational basis to support the Personnel Director's decision, or that the decision is contrary to a provision of this Chapter, to law or to rule, or is for a political reason. The Director shall adopt rules to carry out the purposes of this section pursuant to the rule making authority provided by this Chapter.
(4) Absent an appeal to the Director concerning a classification action, the action shall take effect upon approval by the City Council as a consent calendar item.
Section 4-114. Examination; Appeals.
(1) Any person aggrieved by the Director's decision in the examination process for appointment or promotion to a position in the classified service must be given, at the candidate's written request, a reasonable opportunity to be heard thereon by the Director.
(2) Any candidate for appointment or promotion, aggrieved by the Director's decision on the appeal referred to in subsection (1) above, is entitled to have that decision reviewed by the Board if the employee submits a written request to the Board for such review not later than fifteen (15) days after the Director's decision. The request must allege that the decision by the Director was contrary to rules promulgated for examinations, or that the decision was contrary to law or for a political reason.
ARTICLE VI. JUDICIAL REVIEW
Section 4-115. Appeals. The final decision of the Board on any appeal to the Board shall be subject to review by the Circuit Court in the manner provided by statute for review of quasi-judicial decisions of lower tribunals.
ARTICLE VII. EFFECTIVE DATE
This Chapter shall become effective on July 1, 1987.
The Act and Charter Sections printed above represent the new provisions which would be enacted if Ballot Measure 51 passes. What follows is the existing law which Measure 51 seeks to repeal.
Section 4-102. Civil Service Board. The Civil Service Board shall consist of
three (3) Commissioner. Within thirty (30) days after the taking effect of this Charter, the Mayor shall appoint, as such Commissioners, three (3) persons, known to the mayor to be devoted to the principles of civil service reform, one of whom shall serve for two (2) years, one for four (4) years and one for six (6) years; and between the first and tenth days of July in 1905 and each second year thereafter, the Mayor shall, in like manner, appoint one person, as the successor of the Commissioner whose term of office expires in that year, to serve as such Commissioner for six (6) years. The Mayor may remove any Commissioner at any time. In the event of any such removal, the Mayor shall, within five (5) days thereafter, transmit to the Council a written report thereof and of the Mayor's reason therefor, and the Council shall forthwith appoint another person to fill the vacancy. Vacancies arising from any other cause shall be filled by appointment by the Mayor. All appointments to fill vacancies shall be for the unexpired term. No person shall be appointed as a Commissioner unless that person is a resident of the City. [Ch. 1903, sec. 307; rev. 1914, sec. 98; 1928pub., sec. 98; 1942 recod., sec. 4-102; am. Nov. 2, 1982.]
Section 4-103. Secretary. The Board shall appoint a Secretary, who shall keep records of its proceedings, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as it may prescribe. The Secretary shall hold office during the pleasure of the Board, at a salary fixed by the Council. [Ch. 1903, sec. 308; am. May 3,1913, sec. 308, rev. 1914, sec. 49,1928pub., sec. 99,1942 recod., sec. 4-103; am. Nov. 2, 1982.]
0 Section 4-104. Classification. The Board shall classify , with reference to the examinations hereinafter provided for, all of the offices, places and employments in the public service of the City to which the provisions of this Article are applicable. Such classification shall be based upon the respective functions of said offices, places and employments, and the compensation attached thereto, and shall be arranged so as to permit the grading of offices, places and employments of like character in groups and subdivisions. 7he offices, places and employments so classified shall constitute the Classified Civil Service of the City; and after the taking effect of this Charter, no appointment or promotion to any such office, place or position shall be made except in the manner provided in this article. [Ch. 1903, sec. 309; rev. 1914, sec. 100; 1928pub., sec. 100; 1942 recod., sec. 4-104.]
Section 4-105. Rules and Records. The Board shall make rules to carry out the purpose and provisions of this Chapter, which rules shall provide, in detail, the manner in which examinations shall be held, and the appointments, promotions and removals made in pursuance thereof. The Board may, from time to time, change its rules. Such rules, and all changes therein, shall be printed for distribution by the Board and the Board shall, not less than ten (10) days before the same go into effect, give public notice of said rules and proposed changes therein. The Board shall keep on file all papers, documents, and communications received by it. All records and files of the board shall be public and accessible at convenient times, except test questions, examination papers and the markings thereof. Examination papers and the markings thereof shall be open to inspection only by candidates who took such examinations for a period of thirty (30) days after the results of examinations are officially announced by the Board. Thereafter examination papers and the markings thereof shall not be open to inspection except as provided in Section 4-108 of this Charter and need not be preserved for more than five (5)years. [Ch. 1903, sec. 310; rev. 1914, sec. 101; 1928pub., sec. 101; 1942 recod., sec. 4-105; am. May 17, 1946; am. Nov. 2, 1982.]
Section 4-106 Examinations. The Board shall, from time to time, hold public competitive examinations to ascertain the fitness of applicants for all offices, places and employments in the Classified Civil Service. Said entrance examinations shall be open to all persons who possess such qualifications as may be prescribed by the Board. Notice of the time, place and general scope of every examination shall be given by the Board by publication in the City official newspaper once each week for two (2) successive weeks and by posting such notice in a conspicuous place in the office of the Board not less than two (2) weeks preceding the examination. Such examinations shall be practical in their character, and shall relate only to those matters which may fairly test the relative fitness of the persons examined to discharge the duties of the positions for which they are applicants. No question in any examination shall relate to political or religious opinion, affiliations or services. The Board shall control all examinations and shall designate the persons who shall act as examiners at any examination. When a person in the official service of the City is designated by the Board, such person shall, without being entitled to extra compensation therefore act as such examiner. Any Commissioner may act as an examiner.
Applicants for police officer and fire fighter positions shall be limited to citizens of the United States. The Board may, by rule, establish minimum and maximum ages at the time of appointment of police officers and fire fighters when it finds that age limits are a bona fide occupational requirement reasonably necessary for the normal operation of the police and fire bureaus. [Ch. 1903, sec. 3 1 1; rev, 1914, sec. 102; 1928 pub., sec. 102; am. Nov. 6, 1934; am. Nov. 8,1938; 1942 recod., sec. 4-106; am. May 17,1946, am. Nov. 2,1982.1
Section 4-10 7. Register of Positions. The Board shall prepare and keep a register for each grade or class oppositions in the Classified Civil Service of the persons whose general average standing upon examination for such grade or class is not less than the minimum fixed by the rules of the Board, and who are otherwise eligible. Such persons shall take rank upon such register as candidates in the order of their relative excellence, as determined by examination, without reference to priority of time of examination. Candidates of equal standing shall take rank upon the register according to the order in which their applications were filed. The Board may, by rule, provide for striking candidates from the register after they have remained thereon for a specified time, and may limit the number of times the same candidate shall be certified to the appointing authority. [Ch. 1903, sec. 312; rev. 1914, sec. 103; 1928 pub., sec. 103; 1942 recod., sec. 4-107]
Section 4-108. Vacancies and Reappointments. Whenever there is a vacancy in any position in the Classified Civil Service, the appointing authority shall
immediately notify the Board thereof If the vacancy is in a position that exercises management authority over an office or bureau that reports directly to the appointing authority, the Board shall thereupon certify to such appointing authority the names and addresses of the five (5) eligible candidates standing highest upon the register for the classification to which that position belongs. In all other cases the Board shall thereupon certify to such appointing authority the names and addresses of the three (3) eligible candidates standing highest upon the register for the class or grade to which such position belongs, but, if there be less than three(3), the Board shall so certify all such candidates upon the register. When vacancies exist in two (2) or more positions of the same class in the same department at the same time, the Board may certify a less number than three (3) candidates for each position, but those certified must be the eligible candidates standing highest upon the register. The appointing authority may interview the candidates so certified and shall be entitled to inspect their examination papers. 7he appointing authority shall appoint to each vacant position, on probation for a period to be fixed by the rules, one of the candidates so certified. Within such period, the appointing authority may discharge such probationer, and, in a like manner, appoint another of such candidates; but the appointing authority must appoint from said list of candidates unless, upon reasons assigned in writing by the appointing authority, the Board consents to and does certify a new list of candidates. If a probationer is not discharged within the period of probation, the appointment shall be deemed permanent. The appointing authority sball immediately notify the Board of any appointment or discharge. [Ch. 1903, sec. 313; rev. 1914, sec. 104, 1928 pub., V,I,ec. 104; 1942 recod., sec. 4-108, am. Nov. 2, 1982.]
Section 4-109. Temporary Appointments. Temporary appointments may be made by the appointing authority to positions in the classified service in the absence and pending the preparation of an appropriate eligible list from which appointments can be made, in extraordinary emergencies to prevent delay or injury to the public business or when the position is authorized for a seasonal period not to exceed five (5) months in duration. Upon expiration of the authorized period, a temporary position to perform similar duties shall not be authorized. [Ch. 1903, sec. 314; rev. 1914, sec. 105; 1928pub., sec. 105; 1942 recod., sec. 4-109; am. Nov. 2, 1982.]
Section 4-110. Restrictions on Appointments. No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall, without examination, be transferred to or assigned to perform the duties of any position in the Classified Civil Service unless such person shall have been appointed to the position from which such transfer is made as the result of an open competitive examination equivalent to that required for the position to which the transfer is made. [Ch. 1903, sec 315; rev 1914, sec. 106; 1928pub.sec 106; am. Nov 6, 1934; 1942 recod., sec 4-110; am. Nov. 2, 1982.]
Section 4-111. Promotions. The Board shall, by its rules, provide for promotions in the classified service, on the basis of ascertained merit and seniority in service, and standing upon examination, and shall designate the classifications in which vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the lower ranks established by the Board for each department as desire to submit themselves to such examination; and the Board shall certify to the appointing authority the names of the three (3) highest ranking applicants, or the names of the five (5) highest ranking applicants if the vacant position is managerial, for each promotion; and the promotion shall thereupon be made as in case of original appointments. The method of examining and the rules governing the same and the method of certifying shall be the same, as near as may be, as provided for applicants for original appointments. [Ch. 1903, sec. 316; rev. 1914, sec. 107; 1928pub., sec. 107; 1942 recod., sec. 4-1 1 1; am. Nov. 2,1982.1
Section 4-112. Removals and Investigations. No employee in the Classified Civil Service who shall have been permanently appointed under the provisions of this Chapter shall be removed or discharged, or in the case of the members or officers of the Bureau of Police, demoted except for cause, a written statement of which in general terms shall be served upon said employee and a duplicate filed with the Board. Such removal or discharge may be made without any trial or hearing. In the Bureau of Police removal, discharge or demotion may be made only after a hearing before the Mayor, Chief of Police, or a discipline Committee of superior officers appointed as may be provided by ordinances, said hearing to be based on written charges filed by the Mayor, Chief of Police, Inspector of Police, or other superior officer of the Bureau of Police. Any employee so removed or demoted may within ten (10) days from this removal or demotion file with the Board a written demand for investigation. If such demand shall allege, or, if it shall otherwise appear to the Board that the discharge or removal, and in the case of the Bureau of Police, demotion, was for political or religious reasons, or was not in good faith, for the purpose of improving the public service, the matter shall forthwith be investigated by or before the Board, or by or before some officer or Board appointed by the Board to conduct such investigation. The investigation shall be confined solely to the determination of the question of whether such removal or discharge, or, in the case of the Bureau of Police, demotion, was or was not for political or religious reasons, or was or was not made in good faith for the purpose of improving the public service. The burden of proof shall be upon the discharged employee. On such grounds the Board may find that the employee is entitled to reinstatement upon such terms or conditions as may be imposed by the Board, or may affirm the employee's removal. 7he findings of the Board shall certified to the appointing officer and shall forthwith be enforced by such officer. [Ch. 1903, Part of sec. 317;am.june 7,1909, part of sec. 317;am. May3,1913,part of sec. 317; rev. 1914, sec. 108,1928pub., sec. 108, am. Nov. 6,1934; 1942 recod., sec. 4-112.]
Section 4-113. Suspension and Reduction of Force. Any appointing authority may suspend a subordinate for a reasonable period, but if the suspension exceeds thirty (30) days or occurs more than once in twelve (12) months it shall be deemed a removal and subject to investigation in like manner. If at any time the Council or other City authority shall abolish any office or employment, or reduce the number of employees, discharges shall be made in the inverse order of appointment, and if such offices or places shall again be created or reinstated the employees so removed shall have preference for reappointment in the order of their original appointment. [Ch. 1903, Part of sec. 317; am. June 7, 1909, Part of sec-317; am. May3,1913, part of sec-317,rev. 1914, sec. 109; am. June 7, 1915; 1928pub., sec. 109; 1942 recod., sec. 4-113; am. Nov. 2, 1982.]
Section 4-114. Equal Employment Opportunity. The Board may adopt and enforce rules to implement federal and State laws, regulations and orders pertaining to nondiscrimination in all employment pursuant to this Chapter. [New Sec. Nov. 2, 1982.]
Section 4-116. Reports to Council. 7he Board shall report to members of the Council all personnel actions taken or ratified at its regular and special meetings. The Mayor may require a report from the Board at any reasonable time. [Ch. 1903,part of sec. 317, am. June 7,1909,part of sec. 317, am. MaY3,1913, part of sec. 317; rev. 1914, sec. 111; 1928 pub., sec. I I 1; 1942 recod., sec. 4-116, am. Nov. 2,1982.]
Section 4-117. Offices and Equipment, The Council shall furnish the Board with suitable offices, office furniture, books, stationery, blanks, beat and light and shall provide for the payment of such other expenses as may necessarily be incurred in carrying out the provisions of this Article. [Ch. 1903, sec. 318; rev. 1914, sec. 112, 1928pub., sec. 112; 1942 recod., sec. 4-117.1
Section 4-118. Roster and Payroll. It shall be the duty of said Civil Service Board to prepare, continue, and keep in their office a complete roster of all persons in the Classified Civil Service of the City. This roster shall be open for inspection at all reasonable hours. It shall show in reference to each of said persons the name, the date of appointment to or employment in such service, the compensation, the title of the place or office held, the nature of the duties thereof and the date of any termination of such service. It shall be the duty of all officers and employees of the City to give the Board all the information which may be reasonably requested, or which the regulations established by the Board may require, in aid of the preparation or continuance of said roster, and so far as practicable, it shall indicate whether any and what persons are holding any and what offices or places aforesaid in violation of this Article or of any regulations made thereunder. Said Civil Service Board shall have access to all public records and papers, the examination of which will aid in the discharge of their duties in connection with said roster. It shall be the duty of said Board to certify to the City officer responsible for accounting the name of each person appointed or employed in the Classified Civil Service stating in each case the title or character of the office or employment, the date of the commencement of service by virtue, thereof, and the salary or other compensation paid, and, also, as far as practicable, the name of each person employed in violation of this act or of the regulations established thereunder, and to certify to the City officer responsible for accounting in like manner every change occurring in any office or employment in the Classified Civil Service forthwith on the occurrence of the change. No officer or employee of the City shall draw, sign, countersign, or issue any warrant or order for the payment of, or pay any salary or compensation to any person in the Classified Civil Service who is not certified by the Board to the City officer responsible for accounting as having been appointed or employed in pursuance of this Article and of the regulations in force thereunder. Any person entitled to be certified as aforesaid may maintain a proceeding by mandamus to compel the issuance of such certificate. Any sums paid contrary to the provisions of this Section may be recovered in an action in the name of the City from any officer or employee of the City paying the same, or from any officer signing, countersigning, drawing or issuing or authorizing the drawing, signing, countersigning or issuing of any warrant or order for payment thereof, and from the sureties on such officer's official bond. All money recovered in any such action must, when collected, after paying all the expenses of such action, be paid into the City treasury. [CH. 1903, sec 319; rev. 1914, sec 113; 1928 pub, sec. 113; 1942 recod., sec 4-118; am. May 20, 1986.]
Section 4-119. Investigations. The said Commissioners may make investigations concerning the facts in respect to the execution of the provisions of this Article, and of the regulations established under its authority. in the course of any investigation made by the Board under the provisions of this Article each Commissioner and the Secretary shall have the power to administer oaths. Said Board shall have the power, for the purpose of this Article, to examine into books and records, compel the production of books, papers, records or documents, subpoena witnesses, and compel their attendance and examination, as though such subpoena had issued from a court of record of this State, and all officers and employees of the City shall afford the said Board all reasonable facilities in conducting any investigations authorized by this Article, and give inspection to said Board of all books, papers and documents belonging or in anywise appertaining to any offices or departments of the City; and, also, shall produce said books and papers, and shall attend and testify when required to do so by said Commissioners without receiving any extra or special compensation therefore. Willful false swearing in such investigations and examinations shall be perjury and punishable as such. [Ch. 1903, sec. 320, rev. 1914, sec. 114,1928 pub., sec. 114; 1942 recod., sec. 4-119.]
Section 4-120. Misdemeanors of Commissioners, Examiners and Others. Any Commissioner, examiner, or any other person who shall willfully, individually or in cooperation with one or more persons, defeat, deceive or obstruct any person in respect to his or her right to examination or registration according to the regulations prescribed pursuant to the provisions of this Chapter, or who shall willfully and falsely, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified according to any regulation prescribed pursuant to the provisions of this Chapter, or aid in so doing or shall willfully make any false representations concerning the same, or concerning the persons examined, registered or certified, or who shall willfully obtain or furnish to any person any test questions, answers or secret information for the purpose either of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or who shall personate any other person, or permit or aid in any manner any other person to personate him or her, in connection with any examination, registration or application, or request to be examined or registered, shall for each offense be deemed guilty of a misdemeanor [Ch. 1903, sec. 321; rev. 1914, sec. 115; 1928pub., sec. 115; 1942 recod., sec. 4-120, am. Nov..2, 1982.]
Section 4-121. Prohibition on Political Assessments. No person in the national public service or the public service of the State or any civil division thereof, including counties, cities, and towns, shall directly or indirectly use his or her authority or official influence to compel or induce any person in the public service of the City to pay or to promise to pay any political assessment, subscription, or contribution. Every person who may have charge or control in any building, office, or room, occupied for any purpose of said public service of the City, is hereby authorized to prohibit the entry of any person into the same for the purpose of therein making, collecting, receiving, or giving notice of any political assessment, subscriptions or contribution, and no person shall enter or remain in any said office, building, or room, or send or direct any letter or other writing thereto for the purpose of giving notice of, demanding or collecting, nor shall any person therein give notice of demand, collect or receive any such assessment, subscription or contribution; and no person shall prepare or make out, or take part in the preparing or making out of any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected from any person in the public service of the City, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment by any person in said public service.
Any person who shall be guilty of violating any provision of this Section shall be deemed guilty of a misdemeanor. [Cb. 1903, sec. 322; rev. 1914, sec. 116; 1928 pub., sec. 116,1942 recod., sec. 4-121.]
Section 4-122. Bribery of Public Officers or Employees. Whoever, being a public officer, or being in nomination for, or while seeking a nomination or appointment for, any public office, shall use, or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated) in the way of conferring upon any person, or in order to secure or aide any person to secure any office or appointment in the public service, or any nomination, confirmation, or promotion, or increase of salary on consideration that the vote, political influence, or action of the last-named person, or any other, shall be given or use din behalf of any candidate, officer, or political party or association, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery; and however, being a public officer or employee, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employee, shall corruptly use, or promise or threaten to use, any such authority or influence, directly or indirectly, in order to coerce or persuade the political vote or action of any citizen, or the removal, discharge, or promotion of any public officer or public employee, or upon any corrupt consideration, shall also be guilty of bribery, or an attempt of bribery; and every person found guilty of such bribery, or an attempt to commit the same, as aforesaid, shall upon conviction thereof, be liable to be punished by a fine of not less than fifty dollars ($50) or more than one thousand dollars ($1,000), or to be imprisoned not less than ten (10) days or more than two (2) years, or to both said fine and said imprisonment, in the discretion of the court. If the person convicted to be a public officer such officer shall, in addition to any other punishment imposed, be deprived of office and be ineligible to any public office or employment for ten (10) years thereafter. The phrase "public officer" shall be held to include all public officials within this City, whether paid directly or indirectly from the public treasury of the State or of the United States, or from that of any civil division thereof, including counties, cities, and towns; and whether by fees or otherwise; and the phrase "public employees" shall be held to include every person not being an officer who is paid from any such treasury. [Cb. 1903, sec. 323; rev. 1914, sec. 11 7; 1928pub., sec. 11 7; 1942 recod., sec. 4-122.]
Section 4-124. Disregard of Political services and Contributions. No person in the service of the City is for that reason under any obligation to contribute to any political Fund or to render any political service, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing to do so. No person in the service of the City shall discharge or promote or degrade, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten to do so for giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his or her official authority or in)7uence to coerce the political action of any person or body, or to affect or to interfere with any nomination, appointment or election to public office. [Ch. 1903, sec. 325; rev. 1914, sec. 119; 1928pub., sec. 119; 1942 recod., sec. 4-124.]
Section 4-125. Violations of Civil Service Provisions a Misdemeanor. Whoever makes appointment to office in the public service of the City or selects a person for employment therein contrary tot he provisions of this Article or of any regulation duly established under the authority thereof, or willfully refuses or neglects otherwise to comply therewith, or conform to the provisions of this Article, or violates any of such provisions, shall be guilty of a misdemeanor. [Ch. 1903, sec 326; rev 1914, sec 120; 1928 pub., sec 120; 1942 recod. sec 4-125.]
Section 4-126. Penalties and Jurisdiction of Circuit Court. Misdemeanors under the provisions of this Article shall be punishable by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment in the county jail for not longer than one (1) year, or by both such fine and imprisonment. The circuit court of the State of Oregon shall have jurisdiction of offenses defined in this Article. [Ch. 1903, sec. 327, am. May 3, 1913, part of sec. 106, 1914 rev. sec. 121; 1928pub., sec. 121; 1942 recod. sec. 4-126]
Section 4-129. Limit of Laid Off and Indefinite Sick Leave Lists. When any person's name shall have been on the laid off list or indefinite sick leave list for a continuous period of more than five (5) years, such name shall be removed from the list and have no further right of appointment except through a new eligible list; but the provisions of this Section shall not apply to civil service employees who shall have gained a promotional position as provided in this Chapter and then by reduction of forces or otherwise than by demotion been restored to their former positions. [New sec. May 17, 1946; am. Nov 2, 1982.]
Section 4-123. Recommendation of Applicants. No recommendation in favor of any person who shall apply for office or place, or for examination or registration under the provisions of this Article or the regulations established under the authority thereof, except as to residence and as to character, and in the case of former employees as to abilities, when said recommendation as to character and abilities is specifically required by said regulations, shall be given to or considered by any person concerned in making any examination, registration, appointment or promotion under this Article, or under the regulations established under the authority thereof. No recommendation under the authority of this Article shall r elate to the religious or political opinions or affiliations of any person whomsoever. [Ch. 1903, sec 324; rev. 1914, sec 118; 1928 pub., sec 118; 1942 recod., sec 4-123.]
NOTE: Matter in bold face in an amended section is new; matter [italic and bracketed] is existing law to be omitted.