NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 258

SENATE BILL 243

 

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF CONCORD, CABARRUS COUNTY, NORTH CAROLINA, BY CREATING A CIVIL SERVICE BOARD.

 

The General Assembly of North Carolina do enact:

 

Section 1. There is hereby created a Civil Service Board for the City of Concord, Cabarrus County, North Carolina, to consist of three members who shall be appointed by the Board of Aldermen of the City of Concord, and shall hold office as hereinafter provided. The original board shall consist of one member who shall be appointed to serve for a period of one year; one member who shall be appointed to serve for a period of two years; one member who shall be appointed to serve for a period of three years, or until their respective successors are duly appointed and qualified. At the expiration of the term of each member, his successor shall be appointed by the Board of Aldermen of the City of Concord, Cabarrus County, North Carolina, and such successor shall serve for a period of three years. The term of any person appointed to fill a vacancy shall expire upon the expiration of the term of the person to whose place he was appointed. No member of the Civil Service Board shall succeed himself.

Sec. 2. Any person who is a qualified voter in the municipal elections in the City of Concord, and who is not a member of the Police or Fire Departments, shall be eligible for membership on said Civil Service Board. Each member of the said Civil Service Board shall take oath, or affirmation, for the faithful discharge of the duties of his office. The members of the said Civil Service Board shall be subject to removal from office by the Board of Aldermen of the City of Concord for malfeasance in office, or for neglect or violation of any official duty in connection with the Civil Service Board, or for any violation of the laws of North Carolina; or, any member who fails to attend at least two thirds of the meetings of the said Civil Service Board in any twelve-month period is automatically disqualified, his position vacant, and shall be filled by appointment as hereinbefore provided.

Sec. 3. Said Civil Service Board shall establish and fix requirements of applicants for employment in the Police Department and the Fire Department of the City of Concord and shall make all such general rules and regulations for requirements of applicants, the conduct and the services of the employees of the said departments as it may deem advisable; said rules and regulations shall be printed and made available for public inspection and for the use of the employees, and applicants for employment, in said departments.

Sec. 4. All applicants for positions in the Police Department or Fire Department of the City of Concord shall be subject to an examination by the Civil Service Board except school guards and other employees who are not full-time employees, which examination shall be competitive and open to all persons who are qualified voters of the City of Concord or County of Cabarrus, subject to a reasonable limitation as to residence, age, health, moral character and general reputation, which said examination shall relate to those matters which will fairly test the relative ability of the person examined to discharge in a proper fashion the duties of the position which he seeks to be appointed to, and shall include tests of physical, mental and moral qualifications, but no applicant shall be examined concerning his political opinions or affiliations; however, if a county applicant is accepted who lives outside of the City of Concord at the time of his or her examination, he or she must then move within the city limits not later than ninety (90) days from the time he or she actually goes on the force. Due regard shall be given by the Civil Service Board in its examination of applicants for positions in the Police Department and Fire Department, to the experience or training of any applicant which may fit him for the duties which he would be called upon to discharge as a member of the said department and the findings of the Civil Service Board shall be conclusive.

Sec. 5. Notice of the time and place of every examination shall be given by the Civil Service Board by publication twice in the week immediately preceding such examination in some newspaper published in the City of Concord, State of North Carolina; said notice to set forth the number and kind of vacancies in the said department which shall be filled by the said Civil Service Board.

Sec. 6. Said Civil Service Board shall prepare and keep a register of persons successfully passing examinations given by it, such persons to be graded according to their respective showing on said examinations; and the said board of aldermen shall make appointments to vacancies which occur in said departments on a basis of the grades made by the various applicants upon the examination.

Sec. 7. The said Civil Service Board shall have authority to elect from its members a chairman and the City Clerk of the City of Concord shall serve as secretary; said chairman shall hold office for one year, subject to re-election upon the approval of the Civil Service Board. Said secretary shall keep the minutes of the proceedings of the Civil Service Board and shall be the custodian of all papers and records pertaining to the business of the said board, and shall keep an accurate record of all examinations held and the results thereof, and shall perform such other duties as the board shall prescribe or direct. All of the records of the said Civil Service Board shall be open to inspection by the public at all times.

Sec. 8. The Mayor and the Board of Aldermen of the City of Concord shall provide suitable rooms for the said Civil Service Board; shall provide all necessary clerical and stenographic help and all stationery, forms, and other supplies needed by the said Civil Service Board; and shall allow such reasonable use of the facilities of the City Hall for the holding of examinations by the said board as may be necessary.

Sec. 9. The members of the Civil Service Board shall receive such compensation as shall be fixed by the board of aldermen, but in no case shall compensation for each member be less than two hundred and forty dollars ($240.00) per annum, nor the chairman less than three hundred dollars ($300.00) per annum.

Sec. 10. The Police Department of the City of Concord shall consist of a chief and such number of policemen as shall be determined by the board of aldermen. The members of the Police Department shall be of such grade and classification as the board of aldermen in its discretion deems necessary for the efficient functioning of said department.

Sec. 11. The Fire Department of the City of Concord shall consist of a chief and such number of firemen as shall be determined by the board of aldermen. The members of the Fire Department shall be of such grade and classification as the board of aldermen shall in its discretion deem necessary for the efficient functioning of said department.

Sec. 12. The Chief of Police and the members of the Police Department of the City of Concord shall be appointed by the board of aldermen. The office of chief of police shall not be filled by Civil Service examination and he shall not have Civil Service status while acting in this capacity, but in the event of his removal he shall revert to the last Civil Service classification held in said department. The Chief of the Police Department and the members of said department shall be under the direction and control of, and shall be directly responsible to the Board of Aldermen of the City of Concord.

Sec. 13. The Chief of the Fire Department and the members of the Fire Department of the City of Concord shall be appointed by the board of aldermen. The office of chief of firemen shall not be filled by Civil Service examination and he shall not have Civil Service status while acting in this capacity, but in the event of his removal he shall revert to the last Civil Service classification held in said department. The Chief of the Fire Department and the members of said department shall be under the direction and control of, and shall be directly responsible to the Board of Aldermen of the City of Concord.

Sec. 14. The Board of Aldermen of the City of Concord shall have the power to suspend, or remove, from office the Chief of the Police Department or the Chief of the Fire Department for malfeasance in office, drunkenness, dishonesty, neglect of official duty, or for failure to obey the orders duly issued to him by the board of aldermen, or in the discretion of the board of aldermen when such removal would be in the best interest of the public.

Sec. 15. All promotions within the Police Department or the Fire Department of the City of Concord shall be made by the chief of each department, by and with the approval of the said board of aldermen, and the members of the said departments shall be under the control and direction of the respective chief of each department, who shall be held responsible for the proper conduct of the affairs of his respective department. The Chief of the Police Department and the Chief of the Fire Department may suspend any employee or member of their respective departments for any misconduct in office, drunkenness, dishonesty, insubordination, or for the infraction of any rules laid down by the Civil Service Board; pending an investigation by the said Civil Service Board, such suspension shall not exceed thirty (30) days at one time, with or without pay, in the discretion of the chief of the respective departments. In case of such suspension of any officer, as provided in this Act, the Civil Service Board shall make a thorough investigation into the charges made against said member or employee, and shall hear any complaint which may be made against the said police officer or member of the Fire Department by any citizen or official of the City of Concord; and the said Civil Service Board shall make a written record of evidence presented, and make such findings of facts as it deems warranted and justified from the evidence presented, and make recommendations to the board of aldermen; in the event of such hearing the member of the Police or Fire Department shall have the right to be present, to have counsel, and to testify in his own behalf, and the findings of the Civil Service Board may be appealed to the Superior Court of Cabarrus County for review by the Judge of said court but the facts as found by the Civil Service Board shall be conclusive.

Sec. 16. On the first day of each and every calendar month the Chief of the Police Department and the Chief of the Fire Department shall prepare and certify to the Board of Aldermen of the City of Concord and to the Civil Service Board a statement of the conduct of the affairs of their respective departments, and said report shall contain any suggestions for improvement in the service or personnel of said department. Said reports shall be kept in the files of the Civil Service Board and in the files of the board of aldermen and shall constitute an official record with the said bodies.

Sec. 17. Within ninety (90) days from the date of qualification of the members of the Civil Service Board, said board shall hold examinations to determine the qualifications of applicants for the various positions in the Police Department and Fire Department of the City of Concord, and shall prepare a register of all applicants successfully passing said examination and found to be qualified by the Civil Service Board, and such register shall constitute the eligible list of applicants for appointments to the several positions in the Police Department and Fire Department; provided, however, that any applicant, standing within the first three highest in the competitive, physical and mental examination, may be appointed to the position for which he applies and such person appointed shall serve for eighteen months on probation before such appointment shall be final.

Sec. 18. The members of the Police and Fire Departments, with the exception of the chiefs of said departments, who are members of the respective departments on the date of ratification of this Act, except school guards and other employees who are not full-time employees, shall be exempt from participating in said Civil Service examinations and shall be granted Civil Service status as of the said date; provided, such employee has been a member of said department for at least eighteen months and, provided, further, that no such member shall be eligible for appointment to a higher classification unless he shall stand within the top three of said persons qualifying for said appointment.

Sec. 19. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 20. This Act shall be in full force and effect from and after July 1, 1963.

In the General Assembly read three times and ratified, this the 23rd day of April, 1963.