City Policies Civil Service Rules - 6/1/87

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MUSKEGON BOARD OF CIVIL SERVICE COMMISSIONERS

MUSKEGON, MICHIGAN

RULES AND REGULATIONS

JUNE 1, 1987
AS AMENDED

(RATIFIED MARCH 13, 2017)
TABLE OF CONTENTS

DE FIN ITI ON S ................................................... IS ••••••••••••••••••••••••••••••••••••••••• 1
APPOINTING AUTHORITY ................................................................ =••······· 1
CIVIL SERVICE
·············~········••=••······························································· 1
CIVIL SERVICE COMMISSION •••••••••••••••••••••••••• !!!••···················"•···········•··•·•·· 1
CLASS SPECIFICATION .............................................................................. . 1
CLASSIFICATION .................. I ■ •• I. ■ I ■■
IC= • • • • • • • • I • • • • I • • • • • • • I ••••••••• ••••••••••••••••••••••••• I 2
CLASSIFICATION PLAN .............................................................................. . 2
CLASSIFICATION SERVICE ........................................... !I•••· ......................... . 2
COM MISSION ............................................................................................. . 2
ELIGIBLE 2
ELIGIBLE LIST ........................................................................................... . 2
EMPLOYEE .................................................................................................. 2
ILLEGAL EMPLOYEE ............................•....................................................... 2
MUNICIPAL SERVICE ........................................... 1 •••••••••••••••••••••••••••••••••••••• 2
OPEN/COMPETITIVE EXAMINATION .......................................................... . 3
OPEN/CONTINUOUS EXAMINATION ............................................ a•••••••••••••• 2
PERSONAL DIRECTOR ................................................................................ . 3
POSITION .................................................................................................. . 3
PRESCRIBED FORM ..................................................................................... 3
PROMOTION .............................................................................................. . 3
PROMOTIONAL EXAMINATION .................................................................. . 3
PUBLIC HEARING ...................................................................................... . 3
PUBLIC NOTICE ........................................................................... ~ ............ . 3
RE-EMPLOYMENT LIST ................................................................................ 4
UNCLASSIFIED SERVICE .........•..••...••...•••..••..•....... =••·••····•····•••···••••·••••••·••••• 4
VACANCY ................................................................................................... . 4

RULE I - CLASSIFICATION ......................................................................... 5

CITIZENSHIP .............................................................................................. 5
RESIDENCE ···••11••························································································· 55
UN-AMERICAN ACTIVITIES .........................................................................
PUBLIC NOTICE OF EXAMINATION ............................................. : ............... 5
CIVIL SERVICE ........................................................................................... 5
UNCLASSIFIED SERVICE ............................................................................. 5
CLASSIFIED SERVICE ....................... Ii ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 5
COMPETITIVE CLASS ................... I! ••••••••• •••= ••••••••••••••••••••••••••••••••••••••••••••••••• s·
NON-COMPETITIVE CLASS .......................................................... =•••·•········· 6
LABOR CLASS ............................................................................................. 6
CLASSIFICATION PLAN ............................................................................... 6
CLASSIFICATION PLAN ............................................................................... 7
CHANGE IN DUTIES .............................................. 1 ••••••••••••••••••••••••••••••••••••• 7
RECLASSIFICATION .................................................................................... 7
REVIEW ON RECLASSIFICATION ................................................................ 8
NEW POSITION OR CLASS .......................................................................... 8

0365H/03/16/87 Page 3
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RULE II - APPLICANTS/ APPLICATIONS .................................................... 9

GENERAL APPLICATION REQUIREMENTS .................................................... 9
BONA FIDE OCCUPATIONAL QUALIFICATIONS ........................................... 9
CHANGE IN STATUS ................................ !' ••••••••••••••••••••••••••••••••••••••••••••• Ii ■■••· 9
ACCEPTANCE OF APPLICATIONS .................................................................. 9
REJECTION OF APPLICATIONS ................................................................... 9
FILING OF APPLICATIONS .......................................................................... 9
MINIMUM QUALIFICATIONS ..................................................................... 10
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I
BONA FIDE OCCUPATIONAL QUALIFICATIONS ......................................... 10 I
CHARACTER OF APPLICATIONS ................................................................ 10 I
PERSONAL FITNESS OF APPLICANTS ........................................................ 10
LICENSES, CERTS, AND REGS .................................................................... 11 t
VETERAN'S PREFERENCE .......................................................................... 11
DISQUALIFICATION OF APPLICANT ......................................................... 11
REJECTION OF APPLICATION ................................................................... 12
CONFIDENTIALITY OF APPLICANTS .......................................................... 12
FREEDOM OF INFORMATION ACT .............................................................. 12
BULLARD-PLAWECKI ACT ••••.••••••••••••••••.•••••••••••••• =•••••······••••••••••········•······ 12
CAUSES FOR REJECTION ........................................................................... 12

RULE III - EXAMINATIONS ........................................................................ 13

PROCEDURE FOR EXAMINATION ............................................................... 13
PUBLIC NOTICE OF EXAMINATION ..................................................................... 14
TYPES OF PUBLIC NOTICE OF EXAMINATIONS ......................................... 14
OPEN/COMPETITIVE RECRUITMENT ......................................................... 14
OPEN/ CONTINUOUS RECRUITMENT ......................................................... 15
QUALIFYING EXAMINATION ............................................................................. 15
PROMOTIONAL RECRUITMENT .................................................. 11 ..................... 15 i'
TYPES OF EXAMINATIONS ................................................................................. 15
SCHEDULING EXAMINATIONS ........................................................................... 16
CHARACTER OF EXAMINATIONS .................................................................. 16
I
CONTENT OF EXAMINATIONS .............................................................................. 17
FELONY RECORD CHECK POLICY ..................................................................... ~ .. 17
CONCEALMENT OF IDENTITY ................................................................................ 18
MEDICAL EXAMINATION ........................................................................................ 18
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MEDICAL RE-EXAMINATION ......................................................................... 18
POSTPONEMENT OF EXAMINATIONS ....................................................... 19
CANCELLATION OF EXAMINATIONS .......................................... a............... .. 19
CONDUCT OF EXAMINATIONS ....................................................................... 19
SPECIAL EXAMINATIONS .......................................................................... 19
ADMISSION OF TARDY CANDIDATES ....................................................... . 19
SUBJECTS OF THE EXAMINATION ............................................................. 19
WEIGHTS OF TH.E EXAMINATION ............................................................... 19
GENERAL AVERAGES (EXAMINATIONS) .................................................. . 19
REVIEW AND APPEAL ............................................................................... 20

0365H/03/16/87 Page 4
EXAMINATION GRADES .......................................................................... 20
NOTICE OF RESULTS OF EXAMS 20
INSPECTION OF EXAMINATION PAPERS ................................................... 21
PRESERVATION OF EXAM PAPERS ............................................................ 21
EXAMINATION PAPERS NOT PUBLIC RECORD ........................................... 22

RULE IV - ELIGIBLE LISTS ........................................................................ 22

REGISTER OF ELIGIBLES .......................................................................... 22
LIFE OF ELIGIBLE LIST .................................... ~ ........................................ 22
CONSOLIDATION OF ELIGIBLE LIST ......................................................... 22
REMOVAL OF NAMES FROM ELIGIBLE LIST ............................................... 23
CAUSE FOR REMOVAL OF NAMES .............................................................. 23
RESTORATION OF NAMES TO ELIGIBLE LIST ............................................ 24
REINSTATEMENT REQUESTS ..................................................................... 24

RULE V - REQUISITION/CERTIFICATION ................................................. 24

CERTIFICATION FROM ELIGIBLE LIST ...................................................... 25
NOTICE OF CERTIFICATION ...................................................................... 26
ACCEPTANCE OF LOWER POSITION .......................................................... 26
FAILURE TO REQUEST CERTIFICATION ..................................................... 27

RULE VI - APPOINTMENTS ....................................................................... 27

PROCEDURES FOR APPOINTMENT ............................................................ 27
NOTICE OF APPOINTMENT ........................................................................ 27
NOTICE OF ACCEPTANCE .......................................................................... 27
PERMANENT APPOINTMENTS ................................................................... 28
PROBATIONARY PERIOD ...................................................................... 28 11! • • •

TEMPORARY APPOINTMENTS ................................................................... 29
EMERGENCY APPOINTMENTS .................................................................... 29
SEASONAL APPOINTMENTS ...................................................................... 30

RULE VII - PROMOTIONS ......................................................................... 30

PROCEDURE .............................................................................................. 30
AGREEMENT THROUGH EXAMINATION ..................................................... 31
ELIGIBILITY FOR PROMOTIONAL EXAMINATIONS ................................... 31

RULE VIII - TRANSFERS ............................................................................ 32

RULE IX - LEAVES OF ABSENCE ................................................................. 34

TYPES OF LEAVES OF ABSENCE ................................................................. 35
LEAVE-CREATED VACANCIES .................................................................... 37
RESTORATION TO POSITION ................................................................... 38

036SH/03/16/87 Page 5
( RULE X - RESIGNATION, REMOVAL, DEMOTION, SUSPENSION ................ 38

DISCIPLINARY ACTIONS .......................................................................... 38
WORK RULES ............................................................................................ 38
WORKPLACE VIOLENCE .......................................................................... 43 a.

PROCEDURE PRIOR TO DISCHARGE ........................................................... 45
POST-DISCIPLINARY PROCEDURE ............................................................ 46
SUSPENSION ■■■■ !I••••·····••····················••········••···•·•··············•·········•···•·····•··•· 48
DEMOTION ................................................................................... 1 •••••••••••• 48

RULE XI - REDUCTION IN PERSONNEL ..................................................... 49

RE-APPOINTMENT .................................................................................... 50

RULE XII - EMPLOYEE PERFORMANCE EVALUATIONS .............................. 50

RULE XIII - REPORTS TO COMMISSION ................................................... 52

CERTIFICATION OF PAYROLLS ................................................................. 52
OTHER APPOINTMENTS ..........................................................................11 ■■ 52

RULE XIV - LABORER CLASS ..................................................................... 52

RULE XV - ADMINISTRATION ................................... .-............................... 53

AMENDMENT TO RULES ............................................................................. 53
ORGANIZATION AND STAFF ...........................................•.......................... 54
APPEAL OF DIRECTOR'S DECISION ............................ ! I •••••••••••••••••••••••••••••• 54
MEETING AND MINUTES ........................................................................... 55

RULE XVI - EFFECT OF INVALI·DITY .......................................................... 55

RULE XVII - CONTINUING EDUCATION REIMBURSEMENT POLICY ........... 55

0365H/03/16/87 Page 6
RULES & REGULATIONS

Of THE

CIVIL SERVICE COMMISSION
CITY OF MUSKEGON
MUSKEGON,MICHIGAN

DEFINITIONS

The several terms herein specified whenever used in these Rules and
Regulations shall be construed:

APPOINTING AUTHORITY: A person, supervisor, officer, board,
division or department head having the
power of appointment to or removal
from positions in any office or
department.

CIVIL SERVICE: The personnel of the City of Muskegon
in accordance with the aggregation of
laws, rules and procedures as provided
for by the Charter of the City of
Muskegon and its amendment thereto.

CIVIL SERVICE COMMISSION: Board of Muskegon Civil Service
Commissioners as established by
amendment to the Charter of the City of
Muskegon, Chapter XV, November s,
1936. Whenever used in the Rules and
Regulations, it shall also refer to the
Personnel Director to the extent the
responsibility may be delegated.

CLASS SPECIFICATIONS: A formal statement adopted by the
Commission which is descriptive but not
restrictive of a class of positions
containing the title, a general statement
of the duties and responsibilities
thereof, typical examples of the duties
performed and the minimum
qualifications.

036SH/03/16/87 Page 7
--

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CLASSIFICATION: Refers to the process of inquiring into
the duties, responsibilities and
minimum qualifications of positions in
the Classification Service and arranging
them into classes.

CLASSIFICATION PLAN: An orderly system under which
positions on the basis of their current
duties and responsibilities are grouped
into classes, services and grades; each
class designated by a descriptive title,
which is defined by a class
specifications.

CLASSIFIED SERVICE: Refers to that portion of the Civil
Service not included in the Unclassified
Service.

COMMISSION: When used by itself, refers to the Civil
Service Commission.

ELIGIBLE: Any person whose name is on an
t eligible list for a given classification.
\

ELIGIBLE LIST: A list established either through original
or promotional examination or
reinstatement.

EMPLOYEE: A person who is legally an incumbent of
a position in the Classified Service.

ILLEGAL EMeLOYEE: A person who is found to have been
appointed or employed or continued in
employment in any manner contrary to
the provisions of these Rules and
Regulations and subject to no further
warrant being issued for payment of
compensation.

MUNICIPAL SERVICE: = Refers to positions in the Classified
Service of the City of Muskegon.

OPEN AND CONTINUOUS
EXAMINATION: • Following the announcement of such an
examination, applications may be
accepted, candidates examined,
e:x:aminations graded, names of

0365H/03/16/87 Page 8
successful candidates entered on the
eligible list, and certifications made at
any time during the period that the
examination is continuously open.

OPEN COMPETITIVE Any examination which is open to all
EXAMINATION: persons whether employed by the City
or not, who meet the minimum
qualifications and comply with
prescribed requirements for admission
hereto.

PERSONNEL DIRECTOR: One who shall act as Director and serve
under the Commission as its delegated
authority.

POSITION: Any office, position or employment in
the Classified Service.

PRESCRIBED FORM: A form or forms adopted by the Civil
Service Commission to administer these
Rules and Regulations.

PROMOTION: A change, as a result of an examination
form one class or position to another
class having a higher rate of
compensation and involving a change of
duties and an increase of
responsibilities.

PROMOTIONAL EXAMINATION: An examination or group of
examinations held to determine the
relative fitness of applicants for
positions allocated to a specific class
and open only to employees in the
Classified Service who have previously
served in specific classes for such
period as may be prescribed in each
specific case.

PUBLIC HEARING: Opportunity after Public Notice of at
least five ( 5) days, for any citizen or
party interested to appear and be heard
at reasonable length on the subject
involved. -

PUBLIC NOTICE: Publication by posting in a public place
or near the office of the Civil Service

0365H/03/16/87 Page 9
Commission and accessible to the public
during business hours.

RE-EMPLOYMENT LIST: A list of persons arranged in the order
provided by these rules who have
occupied positions in the Classified
Service and who have been separated
from the Service by lay-off or reduction
in personnel and are entitled to have
their names certified to department
heads, when vacancies in the class for
which they are qualified are to be filled
ahead of those whose names are on an
eligible list for the class.

UNCLASSIFIED SERVICE: Refers to officers and positions in the
Civil Service specified by the Charter of
the City of Muskegon as being in the
Unclassified Service.

VACANCY: A position to be filled by original
entrance examination.

***
The masculine noun or pronoun as used herein shall be held to include the
feminine, the singular to include the plural, the plural the singular.

0365H/03/16/87 Page 10
RULE I - CLASSIFICATION

SECTION 1. CITIZENSHIP: To the extent permitted by law, all
employees in the Classified Service of the City of Muskegon shall be
citizens of the United States and proof may be required from any
applicant; provided, however, that for sufficient cause the
Commission may waive such requirements.
RESIDENCE: To the extent permitted by law, where applicable,
residence must be established, after date of appointment, in the area
and period specified in the Public Notice of Examination.
Furthermore, in those situations where residency cannot be
mandated, residency is to be encouraged.
SECTION 2. UN-AMERICAN ACTIVITIES: No person who, by court or
tribunal of competent jurisdiction, has been found guilty of being
actively involved in a group or organization which has actively
attempted to overthrow the government of the United States, State
of Michigan, or its political subdivisions, shall be eligible for, or
remain in, any position or employment in Civil Service.
SECTION 3. CIVIL SERVICE: The Civil Service of the City is hereby
divided into the classified and unclassified service.
{1} Unclassified Service: Shall include the several officers
and positions described to be excepted from the provisions of
Chapter XV of the Charter of the City of Muskegon. Such positions
not to be affected by the provisions of Civil Service are officers
appointed by the City Commission; directors of the several City
departments as defined in the Charter of the City of Muskegon.
{2} Classified Service: Shall comprise all positions not
specifically included in the Charter of the City of Muskegon in the
unclassified service.
{a} Competitive Class: Shall include all positions in
employment for which it is practicable to determine the merit of
applicants by competitive examination.

036SH/03/16/87 Page 11
( (b) Non-Competitive Class: Shall comprise all positions
requiring peculiar and exceptional qualifications of a scientific,
managerial, professional or educational character as may be
determined by the Civil Service Commission; by way of example,
positions where qualifications require a State or Federal license,
registration or certificate and such is obtained by successfully
completing an examination covering the minimum qualifications for
the position. The Civil Service Commission shall have complete
discretion to determine whether a particular position possesses the
requisite characteristics.
(c) Labor Class: Shall include ordinary unskilled labor.

SECTION 4. CLASSIFICATION PLAN: A Classification Plan for the
employees in the Classified Service Commission. The plan shall
provide for the standardization and classification of all positions and
employments in the Classified Service of the City and become part of
j
these Rules and Regulations. Such classifications shall be so f
arranged as to permit the filling of equal or higher grades, so far as
practicable, through transfers and/ or promotions with equal
consideration to current employees, whether of full- or part-time
'l
status. Class titles are to be used in all records, documents and
processes relating to personnel matters, including compensation and
budget matters. No person shall be employed or regularly assigned
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under any title not appropriate to the duties to be performed, which '

must constitute at least 50 percent of the duties as set up in the
specifications. A classified empioyee may request that the Civil
Service Commission reclassify a particular position if the title of the
position is no longer appropriate to the duties being performed.
The classes of positions as named and described in the
Classification Plan adopted by the Commission on September 13,
1954, with such amendments as may be made thereto under these
rules, from time to time, and the rules herein provided will constitute

0365H/03/16/87 Page 12
the Classification Plan for the classification of positions in the
Classified Service of the City of Muskegon.
(a) Power of Commission to Change Classes: The
Commission may, from time to time, designate new classes, combine,
alter or abolish existing classes, to the extent permitted by law.
(b) Contents of Classification Plan: The Classification Plan
which shall be maintained by the Commission shall include:
(1) An outline of classes of positions in the Classified
Service arranged within appropriate occupational services and
groups.
(2) Class specifications in such form as the Civil Service
Commission may prescribe and indicating the kinds of positions
allocated to the respective classes as determined by duties,
responsibilities, minimum qualifications and lines of promotion.
(C) Allocation to Positions to Classes: The allocation of a
position to a particular class is dependent upon the duties and
responsibilities of the position as they presently exist. Allocation
factors do not consider the personal traits and non-related job
abilities of the incumbents, their compensation, length of service or
volume of work. Positions shall be at all times classified according to
job evaluation and duties and not according to personai
qualifications, previous background or for compensation purposes.
(d) Change in Duties: Should the duties of an employee be
changed or altered materially from his class specification, notice in
writing of such changes and the reasons therefore must be submitted
by the appointed authority to the Civil Service Commission for its
approval.
( e) Reclassification or Reallocation of Positions: The
Commission reserves the right, upon its own initiative or at the
request of a department or division head, provided that such request
is worthy of consideration, to conduct investigations of positions in
the Classified Service as such inquiry becomes necessary, and to

0365H/03/16/87 Page 13
( propose and make changes in classification when the facts are
considered to warrant such action. In this connection, the
Commission may at any time secure form the appointed authority
and the employee involved, new statements of the duties and
responsibilities of the positions under consideration. The
Commission may reclassify all such positions, and City employees in
the Classified Service will be required to accept a new classification
provided that it does not invade may of their existing vested rights.
All changes in classification or allocation shall be recorded in the
Commission's minutes.
(f) Review on Reclassification and Reallocation: In the event
the Commission after a hearing and/or study of a request for
reclassification or reallocation of a class denies such a request, or
makes a determination unsatisfactory to those requesting the !
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change, a review may be made for further study. If, however, no

( review is requested within ten (10) days of the original decision by
the Commission, such decision shall not be subject to further
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consideration. Should a review be requested, it must be submitted in
writing and accompanied by supporting or additional reasons upon
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which the Commission may take action. Following the decision by l
'
the Commission on the review, it shall be considered final, and no l
!
!
further request shall be considered. '
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(g) Creation of a New Position or a New Class: Whenever a
new position is to be established, the appointing authority shall
submit to the Civil Service Commission the duties, in detail, of such
position. The Commission shall thereupon investigate the actual or
suggested duties and after discussion with said appointing authority
prepare a suggested or tentative specification. After final approval
by the appointing authority of the suggested specification, it shall be
subject to the approval of the Civil Service Commission, and after
such approval it shall be allocated to the proper classification. If
created, the new class shall become operative and recorded in the

0365H/03/16/87 Page 14
Commission's minutes. No person shall be appointed to, employed
in, or paid for service in any position in the municipal service until
the position has been established and allocated to its appropriate
class and until the position has been filled as requested herein.

RULE II - APPLICANTS AND APPLICATIONS

SECTION 1. GENERAL APPLICATION REQUIREMENTS: Unless there
exists bona fide occupational qualifications which are reflected on
the application, applicants who meet the minimum qualifications of
the position and are able to perform the duties required will be
admitted to any examination regardless of sex, age, race, nationality,
religion, or political inclinations.
SECTION 2. CHANGE IN STATUS OF APPLICATION: Any applicant
whose application is no longer an accurate portrayal of the applicant
shall notify the Civil Service Commission of the change and shall have
his or her application changed accordingly. This is to include not
only change of address, but also changes as to meeting minimum
qualifications and other items of which an appointing authority
would wish to be apprised.
SECTION 3. ACCEPTANCE AND REJECTION OF APPLICATIONS:
(1) Filing of Application:
(a) Any person desiring appointment to or promotion
within the Classified Service shall file with the Civil Service
Commission a written application on the Commission's prescribed
form for entrance to the next examination to be given to select
persons to be appointed or promoted to positions in a given class.
Applications to take the next examinations for any class of positions
may be filed by any person who may lawfully be appointed to a
position allocated to the class; provided, that applications for specific
tests filed later than five o-clock p.m. on the announced closing date

0365H/03/16/87 Page 15
( for receiving applications shall not be accepted for that particular
test, but shall be accepted for the next test held for filling positions
in the class. The Civil Service Commission may require any or all
applicants for examinations for any class to show evidence of the
possession of the minimum qualifications for the class as shown in
the Classification Plan and in case any license or other evidence of
competency is required by Federal, State or City law or ordinance,
evidence of the possession of such license or other evidence of
competency. In all questions of the applicant offering sufficient
evidence as to his meeting the minimum qualifications for any
position in the Classification Service, the Commission may consider
education, prior work and experience in a related field, or any
combination of them as equivalent for the minimum qualifications to
the contrary notwithstanding.
(b) Applications shall be stamped with the date of filing
in the office of the Commission and must be filed within the
prescribed time limits.
( c) Unless there is a bona fide occupational
qualification requiring knowledge of information, the application
shall not garner any information as to age, sex, race, nationality,
political affiliation, or religious opinions.
(2) Character and Personal Fitness of Applicants: Applicants
must be mentally competent and fitted for the position for which the
application is made; must be of good moral character and free from
any mental disability and any physical disability that will prevent
them from performing the duties required for the position. The
applicant's position on an eligible list and appointment is subject to
the results of a complete character and fitness investigation, such
investigation to be made by authorities delegated by the Civil Service
Commission, and any appointment tendered is contingent upon
same.

0365H/03/16/87 Page 16
(3) Required Licenses, Certificates and Registrations: For a
position requiring a license, certificate of registration within the
State or United States, as evidence of professional or technical
proficiency and such is required by law to practice a trade or
profession or is included in the minimum qualifications for any
position, the Commission may, in its discretion, require the
submission thereof at the time of application or may designate other
time for submission.
(4) Veterans' Preference: The Civil Service Commission shall
give preference to veterans as required by the Michigan Veterans'
Preference Act.
SECTION 4. CAUSES FOR DISQUALIFICATION OR REJECTION:
(1) Although rejection may be based upon causes other than
those enumerated, the following are declared to be cause for
rejection of application or disqualification of applicant. If the Civil
Service Commission shall find that the applicant:
(a) Is found to lack any of the minimum qualifications as
stated in the Public Notice of Examination.
(b) Is physically unfit to perform the duties of the
position to which he seeks appointment and/ or is afflicted with any
disqualifying disease or defect, mental or physical.
(c) Has plead or been found guilty of a crime such as
would render him unfit for the position under consideration.
(d) Has been discharged from prior employment for
conduct such as would render him unacceptable for the position
under consideration.
(e) Has been dismissed from any public service for
inefficiency, delinquency or misconduct, or had his name removed
from an eligible list.
(f) Has intentionally or negligently, made a false
statement of any material fact, or has practiced or attempted to

036SH/03/16/87 Page 17
( practice any deception or fraud in his application, examination, or
interview with appointing authority.
(g) Does not comply with the residence requirements as
stipulated in the Public Notice of such examination.
(h) Did not file his application on or before the final
closing date announced in the Public Notice of Examination for
receipt of applications.
The Civil Service Commission shall reject the application and
notify any applicant whose application is rejected under this rule by
mail addressed to the applicant at the address furnished the
Commission by him, specifying the cause for the rejection of the
application, or shall cancel the eligibility of the applicant if he has
already attained a place on the eligible list. In the event the applicant
has already received appointment, the Civil Service Commission may
take appropriate action to remove him from his Civil Service status.
Applications are considered confidential and names of
(
applicants for examinations shall not be made public, except as
required by the Michigan Freedom of Information Act or the Michigan
Bullard Plawecki Act. To the extent State law requires disclosure of
any information in an application, or if after appointment, an
employee's personnel file, the applicant or employee acknowledges
that it will hold the City harmless from any liability resulting from the
disclosure of information required by State or Federal law.
CAUSES FOR REJECTION OF EMPLOYMENT APPLICATION:
Driving Record (Applicants 18 years of age and older):
Police Officer Candidates: Any felony conviction
Last four (4) years:
• Driving while license suspended, revoked, or expired
• Driving under the influence of alcohol/illegal drug
use/prescription drug abuse
• Six (6) or more moving violations and/or civil
infractions

0365H/03/16/87 Page 18
• Two (2) or more reckless driving convictions
Last three (3) years:
• License suspension, revocation, or restriction
violation ( s)
Last two (2) years:
• Eight (8) or more points
• Three (3) or more moving violations and/or civil
infractions
• Two (2) or more at-fault accidents
(Applicants 17 years of age):
• Must hold a valid state license for the type of driving
being performed
• Must have successfully completed state-approved
driver education
• No record of ANY moving violation(s)
• May drive only during daylight hours
• Must drive a car or truck equipped with seat belts for
the driver and passengers
• Employer must instruct youth that seat belts must be
used when driving
• May drive only autos or trucks not exceeding 6,000
pounds gross vehicle weight
Persons under 17 years of age are prohibited from driving on public roads
while working, per Teen Drive for Employment Act of 1998.

RULE III - EXAMINATIONS

SECTION 1. PROCEDURE: In order that employee will be given
opportunities to advance in the municipal service, vacancies in the
service will be filled by promotion whenever practicable. The Civil
Service Commission shall determine in the case of each vacancy

0365H/03/16/87 Page 19
whether it is to be filled by promotional or open competitive
examination. If a promotional examination is decided upon, the
procedure followed shall be the same as for an open competitive
examination as herein described insofar as practicable.
SECTION 2. PUBLIC NOTICE OF EXAMINATION: The Commission shall
call open competitive or promotional examinations to fill vacancies in
the Classified Service, or to provide eligible lists, if established within
the time limits provided herein, for classes of positions where
vacancies are likely to occur. t
In order to attract qualified applicants and in order that
all who are interested in obtaining a position in the Classified Service
may be given this opportunity, the Commission may determine the
I I
r
length of time for Public Notice of Examinations for any class of
I!
positions in advance by causing to be posted on a bulletin board I
maintained in or near the Commission's office in a place accessible to I
the public during business hours, such posting to be not less than ten
I!
(10) days before the closing date for filing applications, and causing I
!
'
to be published in a paper of general circulation in the area, with the
exception of qualifying and promotional examinations within
I!
I
departments, a notice containing the title of the position, minimum I
qualifications, general scope of the examination and salary range,
the time and place for making application, and the manner in which
application forms and other pertinent information may be obtained.
l
I

Such other publicity shall be given to the notice of examination as l
'
may be necessary to attract a sufficient number of qualified
I
I
applicants. Announcements of examinations may be amended or I
cancelled by subsequent announcements.
SECTION 3. TYPES OF PUBLIC NOTICES OF EXAMINATION: Public
Notices shall be announced as one or more of the following:
(1) Open Competitive: The Civil Service Commission shall call
open competitive examinations to fill vacancies in the Classified
Service or to provide eligible lists for classes of positions where

0365H/03/16/87 Page 20
vacancies are likely to occur. The call shall be made by posting a
Public Notice of all such examination announcements by causing to
be posted on a bulletin board maintained in or near the office of the
Commission in a place accessible to the public during business hours
and causing to be published in a paper of general circulation in the
area.
(2) Open and Continuous: A series of open and continuous
examinations for positions may be announced by a single notice
published in a paper of general circulation in the area, and causing to
be posted in or near the office of the Commission in a place
accessible to the public during business hours, stating that the Civil
Service Commission reserves the right to extend the closing date
until the eligible lists are sufficient to meet the demand. Such
,
examinations may be administered from time to time as applicants
are available or as appointments are necessary and names of
successful candidates entered on the eligible list, and certification
made at any time during the period that the examination is
continuously open.
(3) Qualifying: The Civil Service Commission may post or
cause to have posted in a department without other Public Notice
announcement of a qualifying examination to a higher level
classification within such department.
(4) Promotional: Bulletins shall be sent to all departments.
Department heads shall inform all personnel within such
departments of such examinations.
SECTION 4. TYPES OF EXAMINATION: Examinations shall be
announced as one or more of the following:
( 1) Examinations may be held for positions in the non-
competitive class.
(2) Open competitive examinations shall be conducted in a
manner determined by the Civil Service Commission according to the

036SH/03/16/87 Page 21
class of position involved and shall be open to all applicants who
meet the minimum qualifications for the position.
(3) Open and continuous examinations; a policy of open,
continuous examining of applicants who have a minimum
qualifications for the position, may be maintained. Applicants may
be interviewed, rated or given examinations individually whenever it
is practicable to do so. Notwithstanding any other provisions may be
held, with the approval of the Commission, for any position under
r
Civil Service, particularly those in which vacancies are frequent or in I
which there is a shortage of qualified candidates.
r
(4) Competitive promotional examinations shall be based upon
records of efficiency, character, merit, conduct and seniority and
shall be made open only to employees within the municipal service
I
who meet the minimum qualifications. t
I
(5) Qualifying or reallocation to a higher class shall be I
conducted by examinations in a manner to be determined by the Civil i
Service Commission upon the request of a department head for an
employee who has held a permanent position for one year within the
department, such employee shall be allowed to take an examination
in a higher level classification within the department if he meets the
minimum qualifications specified for the position.
SECTION 5. SCHEDULING EXAMINATIONS: Examinations shall be
scheduled as frequently as the needs of the service may require.
SECTION 6. CHARACTER OF EXAMINATIONS: The Civil Service
Commission shall determine and approve the kind of tests to be
used, the relative weight to be assigned to each test and fix the time
and place for holding such tests. Such examination tests as required
by the Civil Service Commission shall be practical in nature, and shall
relate to matters which fairly measure the relative fitness and
capacity of the applicants to discharge the duties of the positions
which they seek, and shall take into account character, training,
experience, physical and mental fitness. Any examinations that in

0365H/03/16/87 Page 22
the judgment of the Civil Service Commission serve this end may be
employed, such as, written, oral, demonstration of skill, or any
combination of these. To the extent feasible, and appointing
authority shall be permitted to review an examination being offered
and shall have the right to propose changes as to the examination.
SECTION 7. CONTENT OF EXAMINATION: Examinations may contain
one or more of the following tests as may be determined by the Civil
Service Commission:
(1) Written tests of aptitudes and mental fitness and
knowledge of the work.
(2) Oral examination evaluating education, training and
experience and other personal qualifications.
(3) Practical or performance tests demonstrating the skill and
ability of the applicant to actually perform the work.
(4) Athletic tests of physical skill and agility.
(5) Physical tests of strength and fitness.
(6) Evaluation of character and reputation.
All tests, however, shall be practical and competitive in character,
except where competition is suspended.
(7) Other tests and examinations as may be deemed
appropriate.
FELONY RECORD CHECK POLICY
As part of the pre-employment screening process, the City of
Muskegon secures felony conviction history information. A felony
conviction history may serve as a disqualification for City positions.
An applicant's employment eligibility will be evaluated with
consideration to:
• The nature or gravity of the offense(s), if any
• Time that has passed since the conviction and/or completion
of the sentence
• Nature of the job sought

036SH/03/16/87 Page 23
( Determinations will be established on a case-by-case bases.
Additionally, conviction of misdemeanor violation(s) or civil
infraction(s) on one's driving record may serve as the basis for
disqualification, as described in the City's Driving Record Policy.
SECTION 8, CONCEALMENT OF THE IDENTITY OF APPLICANTS: The
identity of applicants in all competitive examinations for the purpose
of establishing eligible lists may be concealed. The Commission shall
make the necessary provisions for such concealment in connection
with the conduct of examinations.
SECTION 9. MEDICAL EXAMINATIONS: The Commission may
determine by medical examinations whether applicants for any
position possess the prescribed standards of health and physique. i
!
All eligibles in original examinations for positions as may hereafter
be designated by the Civil Service Commission, must, before
II
appointment, qualify by passing examinations of physical soundness. f
I
If a candidate fails to meet the established medical or physical !i
(
standards, he shall be rated as unsuccessful in the entire I
examination. The results of such examinations may be used to I
determine the fitness of the applicants or eligibles for the work. The I'
Commission may, however, establish examinations of physical !i
strength and condition as a subject in examinations. Where !
positions require special physical fitness, the Commission may
require re-examination of eligibles or employees to determine
whether they continue to possess the required physical fitness for
the work, to the extent permitted by law.
{1) Medical Re-Examination: All employees who have been
laid off due to lack of work, lack of funds, or reasons other than the
delinquencies of the employee himself, and who for a period of six
{6) months or longer since layoff or absence, due to leave or
otherwise, shall be required to submit himself to a medical re-
examination and pass same before placed back to work.

0365H/03/16/87 Page 24
SECTION 10. POSTPONEMENT AND CANCELLATION OF EXAMINATIONS:
The Commission may cancel or postpone examinations for any
reasons considered good and sufficient and such cancellation or
postponement shall be recorded with the reasons therefor in the
minutes of the Commission. All qualified applicants shall be notified
of the Commission's action.
SECTION 11. CONDUCT OF EXAMINATION:
(1) The Civil Service Commission shall conduct all
examinations and may designate special examiners to conduct any or
all parts of an examination.
(2) Authorization of Special Examiners: The Civil Service
Commission may obtain the services of impartial qualified persons as
deemed necessary to prepare and assist in examinations, and to
remunerate such persons by means of appropriate compensation.
(3) Admission of Tardy Candidates in Examination: The Civil
Service Commission may refuse to admit an applicant to an
examination if timed tests have commenced. No candidate shall be
admitted after any candidate has withdrawn from the examination or
has completed his tests and left the room.
SECTION 12. SUBJECTS, WEIGHTS AND GENERAL AVERAGE: The Civil
Service Commission shall determine in advance of each examination
the methods or combination of methods most suitable and practical
to be used for that examination and shall assign a relative weight to
each part of the examination. The parts and weights of the
examination shall be included in the Public Notice of Examination.
The Civil Service Commission shall prepare or cause to have
prepared an eligible list containing the names of competitors, the
rating accorded each competitor in education, experience, oral
examination, questions on duties and other major parts of the test
and the final average received by each candidate. The final average
shall be obtained by multiplying the rating received in each major
part of the examination by the weight assigned to that part in any

036SH/03/16/87 Page 25
uniform method the Civil Service Commission may prescribe, adding
(
the resulting products and dividing the sum of the products by the
sum of the weights assigned to all parts of the examination.
Preference will be allowed for experience and veteran's status
on entrance examinations only as provided hereinbefore in the Rules
and Regulations; provided, however, that such applicants must
obtain the passing final average as posted in the Public Notice of
Examination. l
!
f
The names of competitors shall be arranged in the order of final I
f

averages on the eligible list, with the highest first; providing that if
two competitors have the same final average, the two applicants II
shall be treated as equals on the list. This method of preparing and
adopting eligible iists shall apply to all examinations. I
SECTION 13. REVIEW AND APPEAL: At the time of taking a written
test, candidates may be notified by a statement on the cover sheet of
I
!

the test booklet that they may appear at the office of the Commission I
f
( during a designated period of at least five (5) working days for the I
I
purpose of reviewing the answer key which will be used in grading
the tests.
I
i

SECTION 14. EXAMINATION GRADES: Unless otherwise published in il
notices prior to holding the examination, candidates shall be graded I

on a scale in which 1000/o represents the highest possible attainment
and 600/o represents the minimum acceptable attainment in each part
of the examination.
Failure of any candidate to attain the required passing grade in
any part of the examination will disqualify him in the entire
examination.
SECTION 15. NOTICE OF RESULTS OF EXAMINATIONS: As soon as the
rating of an entrance examination has been completed and the
eligible list established, each competitor shall be notified by mail of
his final average, whether or not he has been placed on the eligible
list, and standing on the eligible list. Any competitor who fails to

0365H/03/16/87 Page 26
meet the minimum score required for any examination or part
thereof shall be notified of the fact and his name and final average
placed on a failure roster. If the examinations are open for an
indefinite period and tests are held periodically, the eligibility shall
be determined by the final average of eligibles without reference to
the date they qualified in the examination.
SECTION 16. INSPECTION OF EXAMINATION PAPERS BY CANDIDATES:
All applications and examination papers are the property of the
Commission and shall be treated as confidential records. Any
candidate may review his examination papers within a ten ( 10} day
period after receiving notice of the result of the examination, in the
office of the Commission, subject to such restriction s as the
Commission may impose to safeguard test material and to avoid
interference with the progress of the work of the office.
The scoring by the examiners shall be deemed prima facie
correct. No examination paper of any part thereof, or any record or
statement rated as part of the examination in connection therewith,
shall be subject to alteration, addition, or emendation by the
applicant, or to re-marking except that the Commission may correct
any manifest error of scoring. Copying of questions or answers
contained in written examination papers shall not be allowed.
If as a result of such inspection, it is clearly shown that clerical
or other error has been made in scoring the work of any competitor,
the Commission may make such corrections in the scores or such
resulting revisions in the eligible list as it considers necessary to
rectify the errors discovered and shall notify the eligibles affected
provided that no person whose name has been previously certified
from such eligible list and who has been employed shall be displaced
by such correction and change.
SECTION 17. PRESERVATION OF EXAMINATION PAPERS: The
applications, examination papers and other work of all competitors in
each examination shall be preserved for the life of the resulting

0365H/03/16/87 Page 27
eligible list, but may in the discretion of the Commission be
destroyed thereafter.
SECTION 18. EXAMINATION PAPERS NOT PUBLIC RECORD:
Examination papers written by applicants shall not be considered as
public documents, except that examination papers of eligibles
certified to fill vacancies may be requested by the department head
or appointing authority to whom eligibles have been certified,
subject to the Commission's approval.

RULE IV - ELIGIBLE LISTS

SECTION 1. REGISTER OF ELIGIBLES: The Civil Service Commission
shall maintain an eligible list for each position in the Classified
Service for which either original entrance or promotional
examinations have been given. Combined eligible lists may be
(
\
established for classification requiring the same minimum
qualifications.
SECTION 2. PROMULGATION: An eligible list shall be in effect from
the date on which it is promulgated. The date of promulgation shall
be established by the Civil Service Commission.
SECTION 3. LIFE AND CONSOLIDATION OF ELIGIBLE LISTS: Eligible
lists shall be in effect for a period not to exceed one year from the
date of their promulgation; provided, however, that any eligible list
may be by extended the Civil Service Commission for an additional
period not to exceed one year.
In the event of the apparent early depletion of an eligible list,
the Civil Service Commission may ca!I a new examination in order to
secure a new eligible list for such position, the same to consolidated
with the old list if any eligibles remain, and such persons shall take
rank upon the said consolidated list in order of their final averages as
determined by the respective examinations.

0365H/03/16/87 Page 28
Eligibles on said former eligible list shall have the option of
taking the new examination, securing therefrom a new rating
(grade), passing or otherwise, which must be accepted, or such
eligibles may choose to be placed on the consolidated list with the
rating (grade) obtained by them on the old list. Any portion of the
consolidated eligible list, however, shall be automatically cancelled
and the names removed from the list at the expiration of the period
of which such portion was originally approved.
SECTION 4. REMOVAL OF NAMES FROM ELIGIBLE LISTS: The Civil
Service Commission may remove the name of any eligible from any
list on receipt of due proof that said eligible has physical, mental or
other defects; on receipt of derogatory character information that
may disqualify him from performing the work of the class; for causes
enumerated below and in Rule II, Section 4 or for other reasons
determined good and sufficient by the Commission's unanimous
approval. The names of eligibles removed from the eligible lists and
reasons therefor shall be recorded in the minutes of the Commission.
(1) Causes for Removal of Names from Eligible Lists:
(a) Appointment through certification from such list.
(b) Filing of a statement by the eligible that he is not
willing to accept appointment under conditions he
previously specified.
( c) Disability that prevents the eligible from
satisfactorily carrying on the duties of that position.
(d) Failure to respond to inquiry concerning availability
for employment unless reasons presented for failure
to report meet with the approval or the Civil Service
Commission.
( e) Prior certification and appointment to the class.
(f) Receiving a signed statement from the immediately
preceding employer that the applicant would not be
rehired due to prior performance.

0365H/03/16/87 Page 29
( The Commission may require an appointing authority to submit
in writing his reasons for rejecting of an eligible person certified for
appointment consistent with Rule IV, Section 4.
SECTION 5. RESTORATION OF NAMES TO ELIGIBLE LISTS: The Civil
Service Commission may in its discretion reinstate the name of any
person who has been removed for physical reasons if said person
shall thereafter, upon a medical re-examination by the City Health
Officer, and while such eligible list is in force, be found physically
acceptable by the City Health Officer for City employment; provided,
however, that such reinstatement if so made shall in no manner
continue the eligibility of such person beyond the expiration of the
period for. which such eligible list was originally promulgated or
extended; and, provided, further, that such reinstatement, if so
made, shall be entered on such eligible lists in the order and in
accordance with his final average.
SECTION 6. REINSTATEMENT REQUESTS: The Civil Service
(
Commission or its delegated authority may, upon written request of
any person who has previously been in the Classified Service for a
continuous period of three (3) years and who shall not have been out
of the service for more than one (1) year, and who shall have
resigned from the service in good standing, reinstate said person in
the service by placing him at the foot of the eligible list applicable to
such kind and grade of service.

RULE V - REQUISITION AND CERTIFICATION

SECTION 1. REQUEST FOR CERTIFICATION: Whenever a vacancy in
the Classified Service is to be filled other than by transfer or
demotion, the appointing authority shall make requisition to the Civil
Service Commission or its delegated authority for eligibles for
appointment to the class of position for which the vacancy exists. I

I
036SH/03/16/87 Page 30

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Such requisition shall be upon the Commission's prescribed form and
shall specify the department, the class, and compensation range;
also whether the service is emergency, temporary, seasonal or
permanent, and when the service is to begin, and the probable length
of service, if not permanent. In any case, the request shall be made
as iong in advance as possible.
SECTION 2. CERTIFICATION FROM ELIGIBLE LISTS:
(1) Original Entrance: Upon receipt of a requisition for
certification of an eligible to fill a vacancy other than by promotion,
the Civil Service Commission shall certify to the appointing authority
the names and addresses of the first three eligibles on the list for the
class in which the vacancy exists at the rate of compensation
designated in the request; provided, that in case there is no
satisfactory eligible list, the Commission shall immediately proceed
to obtain such a list in the manner herein prescribed. When more
than one vacancy is to be filled, the Commission may, in its
discretion, certify three names for each vacancy to be filled;
provided, however, that a fewer number may be certified when there
is not the required number on the eligible list. The department head
may select appointees from any name so certified.
When now eligible list for the class of position exists or when
the eligible list has been exhausted and until a new list can be
created, a name may be certified for an emergency or temporary
appointment with the consent of the Commission, or the Commission
may certify names from an eligible list for a class comparable in
character and having substantially similar duties, responsibilities and
qualifications and considered appropriate. The foregoing shall apply
only to original entrance eligible lists.
(2) Promotional: In the event of promotion, from one grade of
service to another, the Civil Service Commission shall certify to the
appointing authority the name and address of the person standing
highest on the eligible list for promotion. No person shall be certified

0365H/03/16/87 Page 31
( from a promotional eligible list who has been permanently separated
from the service of the City of Muskegon.
SECTION 3. NOTICE OF CERTIFICATION OF ELIGIBLES: Whenever the
name of an eligible is certified to an appointing authority, the eligible
• shall be notified of certification by a notice sent to his address as it
appears on the records of the Commission. The notice shall state the
title of position, the rate of compensation, condition of employment,
the department in which the vacancy exists, and the time within
which he must report for an interview with the appointing authority,
and that unless he· reports to the appointing authority, and that
unless he reports to the appointing authority, and that unless he
reports to the appointing authority for an interview within the time
specified, the Civil Service Commission may have his name removed
from the eligible list and, provided, further, that should such person,
after such interview with the appointing authority decline the
appointment, the appointing authority shall obtain from such person
a statement in writing as to such declination and shall file such
statement with the Commission before another eligible is certified.
Notice of certification shall be given to the appointing authority
who shall make arrangements with the person to be appointed to
begin work at the earliest possible date and the appointing authority
shall notify the Commission of his action. Any eligible shall be
allowed to give reasonable notice to his present employer before
being required to begin work.
Certification of eligibles for non--competitive and seasonable
classifications may be made by certifying to the appointing authority

--
all the names of the applicants who meet the minimum
qualifications.
SECTION 4. ACCEPTANCE OF POSITIONS IN LOWER GRADE: An
eligible on an original entrance eligible list may, with the approval of
the Commission, accept certification to a lower class of position,
provided no list exists for the lower position and the duties and

0365H/03/16/87 Page 32
responsibilities are similar, but the acceptance of such lower position
shall not forfeit his rights to be certified to the higher position for
which he qualified.
SECTION 5. FAILURE TO REQUEST CERTIFICATION: When the
appointing authority fails or neglects to submit to the Commission
proper requisition to fill existing or anticipated vacancies in the
Classified Service, the Commission may, on its own motion, proceed
to establish an eligible list to fill such vacancies.

RULE VI - APPOINTMENTS

SECTION 1 .. PROCEDURE: The appointing authority shall select from
the list of eligibles certified to him by the Civil Service Commission
the number of persons required to fill the vacancies in his
department. Whenever an eligible list contains fewer than three
names, such persons shall be eligible for temporary appointment
until additional names can be certified after competitive tests; but
permanent appointment may be made at the discretion of the
appointing authority.
SECTION 2. NOTICE OF ELIGIBLES' APPOINTMENT AND ACCEPTANCE:
The appointing authority shall promptly notify the Civil Service
Commission on the prescribed form as soon as the eligible has made
arrangements to begin work. Such notice shall include the date
when the eligible is to begin work and the appointing authority shall
allow the eligible any reasonable time to make any arrangements
necessary before commencing the duties of the position to which he
is appointed. If the time required is more than two (2) weeks, the
appointing authority may ask for certification of a name of the next
highest eligible, giving the reasons therefor; and such additional
certification may be approved or denied by the Civil Service
Commission.

0365H/03/16/87 Page 33
SECTION 3. PERMANENT APPOINTMENT: Employment of a person in
a position regularly established without limitation as to the length of
such service and subject to a probationary period shall be considered
a permanent appointment.
(1) Probationary Period: Purpose - The probationary period
shall be regarded as an integral part of the examination process and
shall be utilized for closely observing the employee's work, for
securing the most effective adjustment of a new employee to his
position and for dismissing any employee whose performance does
not meet required work standards.
(a) Any person who has accepted a permanent
appointment from an eligible list shall be on probation for a period
not to exceed six (6) months from the date of such appointment and
before expiration of the period of probation the head of the
(
department or office in which the person employed may, with the
consent of said Commission, based upon written reasons submitted
to it, discharge or transfer him to another department in the same
class with the consent of the head of such department, but if not
discharged prior to the expiration of the period of probation, as
hereinafter fixed, his appointment shall be deemed complete. The
City Manager may also discharge a probationer with the approval and
consent of the Civil Service Commission based upon written reasons
as herein mentioned. A probationer may be discharged any time
within said probationary period according to applicable laws.
(2) Duty of Appointing Authority During Probationary Period:
It shall be the duty and responsibility of the appointing authority
during the probationary period of each employee in the Classified
Service to investigate thoroughly the efficiency, conduct and
integrity of such employee and to determine whether or not he shall
be retained in the City service in the class which he has been

036SH/03/16/87 Page 34
appointed and so notify the Commission on forms prescribed by the
Civil Service Commission within five (5) days preceding the
expiration of the employee's probationary period. However, if an
employee is not discharged prior to the expiration of the period of
probation as hereinafter fixed, pursuant to Chapter XV, Section 8 of
the Charter of the City of Muskegon, his appointment shall be
deemed complete.
SECTION 4. TEMPORARY APPOINTMENT: To prevent the delay of
special business or to meet extraordinary exigencies, the appointing
authority with the approval of the Civil Service Commission may
make temporary appointments to remain in force not to exceed sixty
{60) days, and if appropriate until legal appointments under the rules
and regulations for establishing eligible lists can be made for such
positions; provided, however, that any such person to be appointed
shall have filed an application on the Commission's prescribed form
and meets the minimum qualifications for the position as stipulated
in the Classification Plan. No person shall receive more than one
temporary appointment in any one fiscal year.
SECTION 5. EMERGENCY APPOINTMENT: In case of an emergency, an
unforeseen combination of circumstances which calls for immediate
action, or to employ qualified persons most readily available for the
performance of such work, the appointing authority may make an
emergency appointment not to exceed {30) days' duration with the
advice and consent of the Civil Service Commission. Any employment
condition of which the appointing authority had previous knowledge
or by the experience of due diligence might have had previous
knowledge shall not be considered an emergency.
If no emergency is found to exist in fact, an employee
appointed may be declared an illegal employee. In no case shall the
principle of Civil Service be evaded by successive emergency
appointments to the same position.

0365H/03/16/87 Page 35
( -

\ Such emergency appointments shall be considered as
appointments to enable the City to cope with an emergency of short
duration requiring immediate employment and may be cancelled at
anytime by either the appointing authority or the Civil Service
Commission. Immediate steps shall be taken by the Civil Service
Commission to establish a classification for any position if none is
specified in the classification plan and to provide and immediate
existing eligible list for such position if said position is to continue.
Persons having emergency, temporary or non-civil service
appointments shall not acquire Civil Service status because of such
appointments.
SECTION 6. SEASONAL APPOINTMENT: Appointment of seasonal
employees shall be considered appointments of persons to positions
for a limited period of service only, an in no case shall exceed twelve
{12) months in duration. Seasonal appointments may be made by
appointing authorities with the consent and approval of the Civil i'
( I
~
Service Commission for the purpose of filling positions during periods f.

limited by seasonal conditions, project requirements, or other
qualifying circumstances. Persons having seasonal appointments
shall not acquire permanent status because of such appointments.
Seasonal employees employed continuously without lay-off after a
I
I
I
period of twelve {12) consecutive months of employment will
i
achieve status as a permanent employee and will then be subject to
Ii
the us~al six (6) months probationary period which applies to all
permanent appointments.

RULE VII - PROMOTIONS

SECTION 1. PROCEDURE: Whenever an examination is to be held to
establish an eligible list for any class, the Commission shall decide as
to whether a promotional or open-competitive examination is to be

0365H/03/16/87 Page 36
held. The Commission shall provide the rules for promotion to all
offices in the Classified Service, based upon merit, efficiency,
performance, ch,aracter, conduct and seniority. Any employee who
competes in an examination for a position of higher grade shall be
given time off in the event such examination is scheduled during his
regular working hours.
SECTION 2. ADVANCEMENT THROUGH EXAMINATIONS: Promotions in
classes of positions shall be filled, as far as practicable and
consistent with the best interests of the service, by promotion
following competitive tests. Whenever experience derived in the
lower grade tends to qualify for the higher, class specifications shall
indicate the possible line of promotion and probable source of
recruitment.
SECTION 3. ELIGIBILITY FOR PROMOTIONAL EXAMINATIONS: When
promotional examinations are held, they shall be limited to
employees in the Classified Service who have worked for the City for
at least one (1) year, except as stated hereinafter in the Police and
Fire Departments.
No persons shall be eligible to take a promotional examination
in the Police and Fire Departments of the City of Muskegon unless
and until he shall have completed a minimum of two (2) years of
service in the employ of the City of Muskegon and in the particular
department where the vacancy may exist in the rank in such
departments next below the rank wherein the vacancy exists;
provided, however, that nothing herein contained shall .limit this
Commission to opening such examinations to persons in ranks below
that rank next lower than the rank or position where the vacancy
exists or waive the minimum of two (2) year service requirement.
Whenever there is a vacancy in any of the supervisory positions
within the Classified Service of the City of Muskegon, except in the
Police and Fire Departments, examinations for filling such positions
shall be open to all such persons as the Commission may determine;

0365H/03/16/87 Page 37
( provided, however, that all City employees shall be eligible to take
such examinations if they meet the minimum qualifications and shall
be entitled to such additional credits as the Commission may
determine. Applicants from the particular department in which the
vacancy exists shall be entitled to such further additional credits as
the Commission may determine. Such additional credits as provided
for in this rule allowable to applicants who shall have attained the
passing mark as fixed by the Commission for such examination. This
mark shall appear in the Public Notice for such examination.
Employees on leaves of absence, other than those on military leaves
of absence as hereinafter provided, in order to participate in
promotional examinations, shall be required to appear at the time
and place where the examination is to be conducted for all

I
applicants.

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( I
RULE VIII - TRANSFERS
f
SECTION 1. TRANSFERS OF PROBATIONARY EMPLOYEES: The

'
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appointing authority may transfer a probationary employee with the I
consent of the Civil Service Commission before the completion of the
probationary period and with the consent of the head of such
department concerned. All requests for transfers with reasons
stated must be made upon the Commission's prescribed form,
subject to the approval of the Commission. Transfers may be made
upon the request of probationary employees with the approval of the
Civil Service Commission to another position of the same or lower
classification provided the employee possesses the necessary
qualifications to assume the duties of the second position and that
such transfer has the approval of both appointing authorities
involved. The employee so transferred shall begin a new
(
probationary period as if the probationary employee had not

0365H/03/16/87 Page 38
transferred from another department. However, if the transferring
probationary employee shall complete the six (6) month
probationary period starting from the date of transfer, he shall then
take his seniority in the department to which he was transferred,
with seniority dating from the date of transfer.
SECTION 2. TRANSFERS FOR NON-PROBATIONARY EMPLOYEES: A
transfer may be made upon the request of a non-probationary
employee, with the approval of the Civil Service Commission, to
another position of the same or lower classification, provided the
employee possesses the necessary qualifications to assume the
duties of the second position and that such transfer has the approval
of both appointing authorities involved.
Civil Service Rules and Regulations do not grant a transferring
employee an undeniable right to return to his/her previous position.
Of necessity, City staffing must be maintained at moderate levels,
and departments cannot allow for or be required to hold a position
open while the transferring employee assesses a new assignment.
If within thirty (30) calendar days of transfer the reassigned
employee's former position remains available and a job posting has
not been issued, s/he may be allowed to return to his/her previous
position provided both appointing authorities agree to move.
SECTION 3. NON-TRANSFER TO CLASSES OF PATROLMEN AND
FIREMEN: Any employee of the City desiring to become a patrolman
or fireman, regardless of present classification, shall be required to
gain such status through open-competitive examination, and such
appointments as may result form this procedure shall be considered
original appointments rather than transfers.
SECTION 4. TRANSFERS FOR TEMPORARY OR EMERGENCY WORK:
Such transfers may be made after first obtaining the consent of the
Civil Service Commission, but in no case shall the transfer exceed
thirty (30) days.

0365H/03/16/87 Page 39
( SECTION 5. SEASONAL TRANSFER: One department may, for
seasonal purposes, transfer employees from another department, or
one division of a department may transfer for seasonal purposes
employees from another division of the same department, within the
same classification, by and with the written consent of the heads of
such departments or divisions and the Civil Service Commission and
said consents shall be filed with this Commission. Such transfers
shall be for not more than eight (8) months in the aggregate in any
!
one calendar year nor may any single transfer exceed four (4)
1
consecutive months except in such instances where transfer for an I
I
additional period of four ( 4) months may be made where conditions !
warrant same. Such extensions, upon the filing of a written request, i
may be granted by the Civil Service Commission. Such transfer shall I
I
not affect the seniority of any employee in his classification.
Failure to file and obtain such approval from the Board of Civil
'
Service Commissioners shall result in the employee or employees
affected as being declared illegal employees of the City. i;
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RULE IX• LEAVES OF ABSENCE
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i
SECTION 1. GENERAL REQUIREMENTS: Employees holding positions
in the Classified Service shall be entitled to leaves of absence who,
!I
upon filing a written request, with the approval of the appointing i
authority and the consent of the Civil Service Commission, and
I
having previously been in the Classified Service for a continuous
period of not less than three (3) years, unless specified otherwise
hereinafter, be granted upon such request a leave of absence
provided that the reasons for requesting and granting such leave of
absence are at the time of such request and permission made part of
l
the minutes of the proceedings of the Commission.
(

0365H/03/16/87 Page 40
SECTION 2. TYPES OF LEAVES OF ABSENCES: An employee may be
granted a leave of absence for any of the following reasons:
(1) To Enter Work of a Governmental Nature or Character:
Such leave of absence shall require three (3) years continuous
service with the City and shall be granted for one yeai only. No
extension will be allowed in as much as the leave is entirely
voluntary.
(2) Military Leave of Absence: Such leave of absence shall be
granted employees in the Classified Service for service in defense of
the country or who are members of the National Guard or Naval
Militia, or of the Reserve Corps, or forces in the Federal Military,
Naval, Marine or Coast Guard service as authorized and provided by
the Veterans' Preference Act of the State of Michigan in addition
thereto shall be entitled to the rights and privileges authorized by
said Veterans' Preference Act with respect to status and re-
employment. Such leave of absence does not require three (3) years
continuous service with the City.
(a) Promotional Examination: An employee returning
from a military leave of absence will be allowed, upon
his request, to take promotional examination for which
he would have been eligible had he remained in the
Municipal Service. Such request must be made in
writing to the Civil Service Commission within 15 days
from the date of his return to the Municipal Service. In
this event, his position on the eligible list shall be
determined by reference to the passing point
previously established for the examination. Status,
thus obtained, shall begin with the date of
establishment of the original eligible list. Further, the
employee shall be entitled to certification and
appointment at the request of the appointing authority
if he would have attained a certifiable standing at the

0365H/03/16/87 Page 41
( time of the original certification; provided, however,
that no person whose name has been previously
certified form such eligible list and who has been
employed shall be displaced by such request and
certification.
(3) Compulsory Leave of Absence: If, in the opinion of the
I
appointing authority, an employee is incapacitated for work on
lI
account of illness, such employee may be required to submit himself
to a physician designated or approved by the City of Muskegon for I
examination. If the report of the physician shows the employee to
be in an unfit condition to perform his duties, the appointing
I
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I
authority shall have the right, subject to the approval of the Civil
Service Commission to compel such employee to take sufficient leave I
I
of absence to fit him to perform his duties. Such leave of absence

(
may not require three (3) years continuous service with the City.
(4) To Engage in a Course of Study: An employee may be
II
allowed a leave of absence to complete a course of study in the line II
of work in which he is engaged, such course of study to enable the I
employee to equip or benefit himself to a greater degree in the
course of Municipal Service so as to be able to perform a better
I
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f
service upon his return. Such leave, if granted, shall not exceed a ;
period of one year and may be renewed upon proper application with
the consent of the Civil Service Commission.
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1
I

(5) Health: Employees holding positions in the Classified t
I
Service shall be entitled to a leave of absence for reasons of health
sufficient in the opinion of the Commission to warrant such leave.
I
Such leave of absence may not require three (3) years continuous
service with the City and may be granted for one (1) year and
renewed upon proper application.
(6) To Enter Other Governmental Work Within the City Service:
An employee in the Classified Service will be entitled to a leave of
absence to accept an appointment in the Unclassified Service. This

0365H/03/16/87 Page 42
leave will expire automatically at the end of two (2) years. At any
time during this leave, said employee will be restored to the highest
post (still in the Classified Service) he formerly held. The expiration
of the leave of absence will terminate his reinstatement rights. If, at
any subsequent time the employee desires to return to the Classified
Service, he will be placed at the top of the eligible list for any former
post he held in the Classified Service, provided, however, that if the
reasons for termination of his unclassified appointment fall with the
provisions of the rules and regulations governing discharge from the
classified service for misconduct, the Civil Service Commission shall
refuse to order his reinstatement or re-employment. The Civil
Service Commission shall determine whether the cause for removal
of the employee from the Unclassified position is of such a nature as
to disqualify him for reinstatement in his former post in the Classified
Service.
(7) Personal Reasons: An employee in the classified service
may be granted a leave of absence for personal reasons with the
approval of the appointing authority and the Civil Service
Commission. Such leave may be granted for up to one (1) year and
renewed upon proper application.
SECTION 3. LEAVE-CREATED VACANCIES: Whenever any person
holding a position in the Classified Service is away on leave of
absence from said Classified Service and this Commission orders that
an examination be held to fill such position in the Classified Service
during such leave of absence, there shall be included within the
advertisement for applicants to fill "temporary vacancies" a
statement or provision that such temporary vacancy may become
permanent because of the failure of the person on leave of absence
to return to his position in the Classified Service, and successful
applicants shall in such event be certified as permanent employees
for the positions.

0365H/03/16/87 Page 43
SECTION 4. RESTORATION TO POSITION: An employee granted a
leave of absence shall be restored to his position upon the expiration
of the leave, or, if approved by the appointing authority and the Civil
Service Commission, before the expiration of the leave without being
certified from any eligible list, provided he shall not be mentally or
physically incapacitated at the expiration of such approved leave.

RULE X - RESIGNATION, REMOVAL, DEMOTION, SUSPENSION

SECTION 1. RESIGNATION: An employee in the Classified Service
who desires to resign in good standing, shall submit his written
resignation to the appointing authority with a copy to the Civil
Service Commission, and must give at least one (1) week's notice of
his intention to leave the service, unless the appointing authority
consents to his leaving sooner. Such request when approved by the
appointing authority shall be immediately forwarded to the
Commission.-
Any withdrawal of an employee's pension funds shall be
considered by the City of Muskegon Employee's Retirement System
and the Civil Service Commission as a resignation of such employee's
service, and in case of a leave of absence shall nullify his leave of
absence and his rights to return to service thereunder are forfeited.
SECTION 2. REMOVAL: Any officer or employee of the City in the
Classified Service who has completed the probationary period
prescribed in accordance with these rules may be removed from
office or employment for cause by the appointing authority.
SECTION 3. CAUSE FOR REMOVAL: The following, by way of example
only and not as an exclusive list, are declared to be causes for
disciplinary action or removal from the classified service of the City
of Muskegon. Disciplinary action shall be imposed with respect to
each of the groups of offenses listed:

0365H/03/16/87 Page 44
Group 1 Offenses:
a) Habitual tardiness at commencement of work say or after
lunch.
b) Absence from work without sufficient reason or proper
notification.
c) Disregard of safety rules or common safety practices.
d) Abuse of coffee break time.
e) Faulty work and/or covering up faulty work.
f) Any offense in either Group 2 or 3.
The disciplinary procedure in this group shall be: First Offense,
written warning; Second Offense, one day suspension without pay;
Third Offense, three day suspension without pay; Fourth Offense,
seven day suspension without pay; Fifth Offense, discharge. The
violations shall be cumulated for a period of not more than one (1)
year.
Group 2 Offenses:
a) Unprofessional conduct.
b) Injurious or dangerous pranks.
c) Fighting on the premises. (Quarrelling not considered
fighting.)
d) Making or publishing of false and vicious or malicious
statements concerning any employee, department head,
or the City.
e) Willful malicious destruction of City property.
f) Unjustified abuse of public, verbal or physical.
g) Willful disobedience of the proper directive of a
supervisor, or other acts of insubordination.
h) Any offense in Group 3.
The disciplinary procedure in this group shall be: First Offense,
three day suspension without pay; Second Offense, seven day
suspension without pay; Third Offense, discharge. The violations

0365H/03/16/87 Page 45
..
i
\ shall be cumulated for a period of not more than eighteen (18)
months.
Group 3 Offenses:
a) Violation of the Civil Rights Act relating to discriminatory
practices, policies and customs including sexual
harassment.
b) The willful misuse of City property.
c) The removal from the premises, without prior
authorization, of any City records, confidential I
information, or other City property, except as necessary
in the performance of an employee's duty.
d) Theft of any property of a fellow employee, or of the City.
e) Knowingly falsifying any time keeping records, or
intentionally giving false information to anyone whose
i
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duty it is to make such records. I
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f) Consumption, possession, or under the effects of any
alcoholic beverages during working hours.
I!
i
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i
g) Consumption, possession, use, or under the effects of '!
I
controlled substances during working hours without I
!I'
doctor's prescription.
h) Absence of three consecutive working days without I
I
notice of leave and without justifiable reason for failure !
I
!!
to report.
i) After warning, incompetence, failure to perform work or tI
duties completely and efficiently, or failure or inability to
do the work fixed by the work standard in force.
(j) The possession of a concealed weapon, including, wi.thout
limitation, a concealed pistol, whether licensed or not, on
the employee's person or in a vehicle to which the
employee has access or control, during the hours of
and/or in the course of employment, including times for
(
lunch, breaks, or other periods during the work day or

0365H/03/16/87 Page 46
shift or during overtime or holiday employment; the
possession or control of same on any city property or at
any other location during said hours or at any place while
the employee is in the course of his or her employment.
This offense shall not apply to law enforcement officers
who are certified to carry weapons as peace officers
pursuant to the Michigan Law. It shall apply to all full-
time, regular part-time, temporary, or contract
employees of the City.

The violation of any policy of the City concerning
weapons in the workplace, either adopted by the Civil
Service Commission or the City Commission, shall further
constitute an offense under this section.
(k) Unlawful manufacturer, distribution, or dispensing of
controlled substances during working hours. (June 26,
1989)
(I) Failure to disclose a financial or personal interest,
including an interest on the part of the employee's
immediate family, business, or an organization either
employing the employee or family member, or of which
the employee is a beneficiary or trustee, in the selection,
award, or administration of contracts in which the
employee participates or for which the employee has
been assigned responsibility. (June 26, 1989)
(m) Solicitation or acceptance of gratuities, favors or
anything of monetary value, or failure to disclose that
gratuities, favors or anything of monetary value has come
in to the employee's possession, from contractors,
potential contractors, suppliers, or parties to agreements,
where the employee participates in the procurement of

036SH/03/16/87 Page 47
( materials of services from those contractors, potential
contractors, suppliers or parties. (June 26, 1989)
(n) Divulging to an unauthorized person confidential
information acquired in the course of employment (1) in
advance of the time prescribed for its authorized release I
!
to the public; or (2) where no such release is authorized. I
I

(June 26, 1989) l'
(o) Engaging in a business transaction in which the employee l
'f
may profit from his or her position with the City or f
t
benefit financially form confidential information which
the employee has obtained or may obtain by reason of
that position. Instruction shall not be considered a
business transaction if the employee providing
instruction does not have any direct dealing with or
influence on the employing or contracting facility I''
associated with his or her employment with the City.
(
(June 26, 1989)
II
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f
(p) Engaging in or accepting employment or rendering R
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services for a private or public interest when that I
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employment or service is incompatible or in conflict with l
the discharge of the employee's duties to the City, or
when that employment may tend to impair his or her
independence of judgement or action in the performance
l
of those duties. (June 26, 1989)

The disciplinary action in this group shall be grounds to
immediate discharge.
When it appears probable that the employee's unacceptable
behavior is caused by psychological or emotional problems that will
not be resolved by the disciplinary procedures set forth in this
section, the department shall endeavor, with the cooperation of the
(

0365H/03/16/87 Page 48
City and County agencies, to assist the employee in resolving the
problems that have given rise to the unacceptable behavior.
WORKPLACE VIOLENCE: Workplace violence is an
extremely serious issue that adversely impacts employers.
Accordingly, the City of Muskegon is committed to preventing
workplace violence and to maintaining a safe work environment.
Definitions: Workplace violence includes any physical
assault, threatening behavior, or verbal abuse occurring in or
resulting from the work setting. The workplace consists of all
locations where employees perform any work-related duty, such as
buildings and the surrounding perimeters, parking lots, City vehicles,
and traveling to and from work assignments as well any dispute
occurring on private property if it concerns City employment.
Workplace violence may involve co-workers, strangers, customers,
clients, relatives, acquaintances, or friends. It includes, but is not
limited to:
• Psychological trauma such as obscene or threatening
phone calls or gestures.
• Swearing, using offensive language, or other verbal
abuse.
• Physical attacks, i.e., fighting, stabbing, biting, spitting,
or throwing objects.
• Intimidating behavior or harassment of any nature.
• Damage to or destruction of property.
Policy: The City of Muskegon _has adopted the following
guidelines to deal with physical assault, threatening behavior, verbal
abuse, or other violent acts that may occur on the job, during work
hours, on City Premises, or in City-owned property, such as vehicles.
• Everyone, including regular and temporary employees,
supervisors, department and division heads, assistant
city manager, city manager, customers, and the
general public, should be treated with courtesy and

0365H/03/16/87 Page 49
( respect at all times. Employees are expected to
refrain from all conduct that my threaten the security
of others.
• Any type of conduct that threatens, harasses, or
injures another employee, customer, or member of the
public at any time, including off-duty periods, is
unacceptable and will not be tolerated. This includes
harassment based on a person's sex, race, age, or any
characteristic protected by federal law, state, or local
law. Violations will result in rapid intervention,
cooperation with law enforcement, and serious
disciplinary action.
• All threats of or actual violence, both direct and
~
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indirect, should be reported immediately to your
supervisor or the Affirmative Action Director. In their
I!
absence, report it to any other member of
management, or by telephoning "911", if necessary. II
This includes threats by co-workers, customers,

I
relatives, friends, acquaintances, or other members of
the public. When reporting a threat of or act of
violence, you should be as specific and detailed as i
I
possible. Rather than place oneself in danger, all
suspicious individuals or activities should be reported
immediately as well.
It
City Responsibilities: The City of Muskegon will promptly and
!I
i
thoroughly investigate ali reported threats of or actual violence and
reports of suspicious individuals or activities. In order to maintain
workplace safety and the integrity of an investigation, the City may
suspend involved employees, either with or without pay, pending
investigation. Upon conclusion of the investigation, a report will be
submitted to the City Manager for evaluation and determination of
disciplinary or other appropriate action.

0365H/03/16/87 Page 50
Anyone determined responsible for threats of, actual violence,
or other conduct in violation of these guidelines will be subject to
prompt disciplinary action up to and including termination of
employment and criminal prosecution, if appropriate. Additionally,
employees may be referred to the Employee Assistance Program for
evaluation and/or therapeutic resolution to workplace violence
behavior issues.
Further, supervisors or managers unresponsive to reports of
workplace violence violations will be subject to disciplinary action as
well.
The identity of the individual making a report of workplace
violence will be protected as much as practical. Retaliation against
or negative personnel actions toward an employee making a good
faith report of policy violation is prohibited.
Prevention: The City of Muskegon encourages employees
to bring disputes or differences with other employees to the
attention of their supervisor or the Affirmative Action Director before
the situation escalates into violence. The City is eager to assist in
the resolution of employee disputes and will not discipline employees
for voicing reasonable concerns.
SECTION 4. PROCEDURE PRIOR TO DISCHARGE: Written notice of
intent to discharge an employee shall be given by the appointing
authority, with reasons specifically stated in writing for such
discharge, and the effective date of discharge.
Prior to the effective date of discharge the employee shall have
the right to have a pre-termination hearing before the appointing
authority, the Personnel Director, a representative of the City
Manager's office, and/or such other individuals the employee may
wish. At the pre-termination hearing the employee may present
factual reasons why discharge is inappropriate. At the conclusion of
the pre-termination hearing, the appointing authority may impose
the discharge or impose a lesser discipline. A copy forwarded to the

0365H/03/16/87 Page 51
( office of the Civil Service Commission and such notice left or mailed
to the employee;s official place of residence, shall be sufficient to put
any such discharge procedure into effect.
SECTIONS. POST-DISCIPLINARY PROCEDURE: Written notice of
removal, discharge, reduction in rank or compensation, suspension,
or other disciplinary action shall be given by the appointing
authority, Board, or Commission to any officer or employee with
reasons specifically stated in writing, with a copy forwarded to the
I
office of the Commission and such notice left or mailed to the
employee's official place of residence shall be sufficient to put any
I
I
such removal, etc., into effect. The person so notified, may, within I
five (5) days after date of such notice, demand the right to be heard
before the Civil Service Commission. The Commission shall fix a time
and place for a hearing as soon as practicable. The hearing shall be
public unless the employee requests that the Civil Service
Commission hear the evidence in a closed door session. Regardless
of whether the testimony is received in a open door or closed door
session, the Civil Service Commission shall vote and render its
decision in a public hearing.
A record of the reasons shall be included in the minutes of the
Commission. The employee under charges shall be given an
opportunity to produce witnesses and to be heard in his own
defense, and to be represented by counsel. The appointing authority
may also be represented by counsel. The proceedings shall be as
informal as is compatible with the requirements of justice, and the
Commission need not be bound by the common law or statutory rules
of·evidence and procedure, but may make inquiry in the matter
through oral testimony and records presented at the hearing, which
are best calculated to ascertain the substantial rights of the parties
and to carry out justly the spirit and provision of the Charter of the
City of Muskegon. The testimony taken at the hearing may be under
oath and shall be transcribed. The Commission shall have the power

0365H/03/16/87 Page 52
to require the attendance of witnesses and the production of
pertinent documents, and to have oaths administered, and if
necessary, to continue the hearing from time to time. The order of
proof in any hearing of complaint shall be as follows:
(1) The appointing authority, or the complainant, shall
present his evidence in support of the charges.
(2) The defendant shall then produce such evidence as
he may wish to offer in his defense.
(3) The parties in interest may then offer rebuttal
evidence.
The Commission shall report its findings and recommendations
to the authority responsible for the suspension or removal and the
employee as specified in the notice. Thereupon the authority making
the suspension or removal shall make such final disposition of the
matter as may be determined by the Civil Service Commission.
The Commission may at its discretion:
(a) Sustain the charges made against the employee by
the appointing authority, Board or Commission and
sustain the penalty imposed by the appointing
authority, provided that in case of discharge the
Commission may at its discretion place the name of
the employee on the eligible list for the class of
certification when a vacancy occurs in some other
department.
(b) Sustain the charges made against the employee by
the appointing authority, Board or Commission, but
revise the penalty imposed upon the employee.
( c) Not sustain the charges made against the employee
by the appointing authority, Board or Commission,
and the penalty shall be revoked and the employee
made whole for all lost wages and benefits.

0365H/03/16/87 Page 53
The decision of the Civil Service Commission in any such case
shall be final. A copy of the written statement of reasons give for
any suspension or removal, and a copy of any written reply thereto
by the officer or employee involved, together with a copy of the
decision of the Civil Service Commission, shall be filed as a public
record in the office of the Civil Service Commission.
SECTION 6. SUSPENSION: Any appointing authority, and in his
absence the officer acting in his place, may suspend without pay, an
employee in his department or division for one or more periods
aggregating not more than ninety (90) days in a calendar year on
account of inefficiency, incompetence, misconduct, negligence,
insubordination, disloyalty, or other sufficient cause as stated under
;
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reasons for removal. The procedure and rights affecting such !
t
suspension shall be the same as that prescribed in the rules relating I
to removal. All suspensions must be recorded on employee's service
I!
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cards. Furthermore, after an employee has been suspended without
pay for ninety (90) days in a calendar year on account of inefficiency,
incompetence, misconduct, negligence, insubordination, disloyalty, I
or other sufficient cause and the reason for suspension has not been
rectified, the appointing authority, or officer actin in his place, may I
f
i
discharge the employee. Such discharge shall occur only after
compliance with the procedure prior to discharge and shall trigger I
the procedures and rights effecting discharge as specified above.
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SECTION 7. DEMOTION: Any appointing authority proposing the
demotion of an employee shall make his recommendation in writing
to the Civil Service Commission and shall supply the employee with a
copy of such recommendation. The recommendation shall give the
future date on which the proposed demotion is to become effective,
the specific reasons for the action, the class to which it is proposed
to demote the employee, the new rate of pay, and any other
information which the Commission may require.

036SH/03/16/87 Page. 54
The recommendation shall also advise the employee that he
may within three (3) days file a written answer with the Commission
requesting it to investigate the proposed demotion and ask for a
hearing before the Civil Service Commission. After such hearing and
investigation, or upon the expiration or the three (3) day period
without a communication being received from the employee, the
Commission shall forthwith approve or disapprove the
recommendation of the appointing authority and notify the
appointing authority and the employee of its action. Any causes set
forth herein as grounds for removal may also be causes for
demotion.

RULE XI - REDUCTION IN PERSONNEL, LAY-OFFS

SECTION 1. PROCEDURE: When a position in the Classified Service is
to be vacated, discontinued or abolished, the appointing authority
shall notify the Civil Service Commission in writing if possible at least
two (2) weeks in advance of the number of positions to be vacated,
discontinued or abolished together with the reasons therefor. Upon
receiving such notice, the Commission shall as soon as possible, and
in any case within three (3) days, furnish in writing to the appointing
authority the names of the employees to be laid off in the order of
the lay-off, provided that temporary, emergency and probationary
employees shall be laid off first and that employees who have
completed their probationary period shall be laid off according to
their total length of service, with the one with the shortest service to
be laid off first until such reduction in personnel as may be required
by the particular needs of the time shall have been made.
The order of any lay off of an employee or employees in
accordance with the provisions of this rule shall be final and not

0365H/03/16/87 Page 55
subject to review by the Civil Service Commission, other than as to
whether the proper procedure was followed.
Names of employees who are laid off shall be placed on the
appropriate departmental re-employment list in the reverse order of
their lay-off.
SECTION 2. RE-APPOINTMENT: In the event of a recall of laid off
employees the Civil Service Commission shall notify the particular
employee in writing and addressed to such employee at his last
f
known post office address to report for work. Should the person to i

whom such notice is addressed fail to report to the appointing t
authority within seven (7) days from the date of mailing said notice, tI
the Civil Service Commission may proceed to the next eligible for re-
I
employment according to law. Such shall be in accordance with
procedures stated in Chapter XI, Section 8 of the Charter of the City
I
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of Muskegon. II
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RULE XII - EMPLOYEE PERFORMANCE EVALUATION
I
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SECTION 1. REQUIREMENT: There shall be established a system of Ii
Performance Evaluations designed to record the results of the work !
(

'
of each employee under Civil Service which, on the form prescribed If
by the Commission, generally shall register the quality and quantity
of work done and such other facts as will aid in determining the kind
and character of services rendered by each employee.
SECTION 2. PURPOSE: Performance Evaluations shall be used by the
supervisors to review in detail the work, physical and personal traits
of the employee and to counsel with him as to his work deficiencies
or to commend him for satisfactory work performance. Performance
Evaluations shall also be used on promotional examinations wherein
obtained rating scores shall become a part of the final grade of the
candidates. Performance Evaluations are considered written records

0365H/03/16/87 Page 56
of employee's work performance and may be used as supporting
reasons for discharge or demotion.
SECTION 3. EVALUATION PERIOD: Performance Evaluations shall be
returned for each permanent employee at least once in every twelve
( 12) month period.
SECTION 4. MANAGEMENT RESPONSIBILITY IN ADVISING OF
EMPLOYEE WORK PERFORMANCE: Performance Evaluations are for
the benefit of both the employee and the City. It is therefore
mandatory that a supervisor discuss with the employee his work
performance each time the evaluation is given.
SECTION 5. RETURN OF PERFORMANCE EVALUATION FORM:
Performance Evaluations shall be returned to the Commission not
later than thirty (30) days after being submitted to a Department
Head; during which thirty-day period they may be reviewed by the
employee before being returned to the office of the Commission.
Each Department Head shall be notified in writing of any past due
evaluations and shall be expected to cooperate with the Commission
in reducing the number of past due evaluations.
SECTION 6. PROMOTIONAL EXAMINATION PERFORMANCE
EVALUATION: The obtained score form performance evaluations to
be used in a promotional examination for a candidate shall be
determined by averaging his last three (3) evaluations preceding the
day of examination.
SECTION 7. SCORING: Employee Performance Evaluations shall be
graded in accordance with the following scale:
Outstanding - - - - - - - - - - - 5
Superior - - - - - - - - - - - - - -4
Capable - - - - - - - - - - - - - - 3
Acceptable - - - - - - - - - - - - 2
Needs Improvement - - - - - -1

0365H/03/16/87 Page 57
( RULE XIII - REPORTS TO THE COMMISSION

SECTION 1. CERTIFICATION OF PAY ROLLS: The Civil Service
Commission shall be furnished by the City auditor or other fiduciary
officer of the City a copy in duplicate of each payroll on the day
designated by the Commission, and the Commission shall examine
such copies to determine if all names and no other names are on said
pay roll than those on the active list, and that they have been
properly certified by the Civil Service Commission and appointed,
employed or promoted in pursuance of the Civil Service Chapter of
the Charter of the City of Muskegon and these Rules and Regulations.
Such payroll shall in each case be verified by comparison
with the official roster, and if it appears that any person whose name
is found thereon has been appointed, employed or continued in
employment in any manner contrary to the provisions of the law or
these rules, such person shall be declared illegally employed and
known as an illegal employee. The City auditor shall be instructed
that no further warrant for payment of compensation to such illegally
employed person shall be issued until further order of the
Commission.
SECTION 2. OTHER APPOINTMENT: In case of elective officers or
employees not affected by Civil Service according to these rules and
regulations, notice of such appointments and information shall be
furnished by the City Manager.

RULE XIV - LABORER CLASS

SECTION 1. In. the classification of unskilled laborer, a formal Civil
Service application and/or examination and establishment of an
eligible list is optional with the Civil Service Commission.

0365H/03/16/87 Page 58
SECTION 2. In the classification of unskilled laborer, seniority will be
governed by departments.
SECTION 3. Each appointing authority will be governed by the Civil
Service Chapter of the Charter of the City of Muskegon and the Rules
and Regulations of the Civil Service Commission in regard to
unskilled laborer in his department.
SECTION 4. All unskilled laborers in the employ of the City on the
date of the adoption of this rule will be and are within the Classified
Service of the City and entitled to all the rights and privileges of Civil
Service attendant to such positions.

RULE XV - ADMINISTRATION

SECTION 1. AMENDMENT TO RULES: The Commission may at any
time abolish, alter, change, make additions to or otherwise amend
these rules in a manner not in conflict with the law by posting a copy
of any proposed change or changes on a bulletin board maintained by
the Commission and by sending a copy of such proposed change to
any interested persons, with a notice that on a certain date and at a
certain hour specified, no sooner than thirty {30) days later, a public
hearing will be held at which any person will be granted reasonable
opportunity to give reasons why such change or changes should or
should not be made.
If the Commission shall determine at the conclusion of
the public hearing or thereafter that such changes it shall thereupon
cause an official records to be made of such change or changes and
thereupon, immediately or at a future date determined by the
Commission, become effective. Written notice of such change or
changes shall be given by the Commission to each appointing
authority and a copy of any rule so modified shall be furnished to any
citizen upon request.

0365H/03/16/87 Page 59
( SECTION 2. ORGANIZATION AND STAFF: The Civil Service
Commission shall consist of three members to be appointed by the
Mayor with the consent and advice of the City Commission. The term
of office of each member of the Commission shall be six years.
Members of the Commission shall not hold any other lucrative public
office or public employment except notaries public, under the United
States, the State of Michigan, or any municipal corporation or
political division thereof.
The Commission shall, at a meeting in January to be held
act two years, elect one member to act as President and one member
to act as Vice-President, each for a term of two years, and until
successor is duly elected.
The Civil Service Commission may appoint a Personnel
Director, who shall act and serve under the direction of said II
Commission and shall have the general authority and responsibility I
in these rules and shall be responsible for the administration of the
office of the Commission. He shall also superintend the examinations
subject to the direction of the Commission and perform such other
I
duties as are prescribed by Chapter XV of the Charter of the City of l
Muskegon or by the Commission.
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If an employee or applicant for employment feels
aggrieved by a decision of the Personnel Director, the employee or
applicant for employment may appeal such decision to the Board of
I
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Muskegon Civil Service Commissioners within five (5) days. r
No member of the Civil Service Commission shall receive money
or other valuable consideration from any candidate for appointment,
for examination or from any other person for or on account of said
candidate.
The Commissioners shall be responsible for no discrimination
to be assigned, threatened or promised to any person coming under
the provisions of these Rules and Regulations because of his political
or religious opinions, beliefs, or affiliations.

0365H/03/16/87 Page 60
SECTION 4. MEETINGS AND MINUTES: Regular meetings of the
Commission shall be held at such dates and times established at the
first meeting of each calendar year which shall be the last Thursday
of January at four o'clock p.m. Two members of the Commission
shall constitute a quorum. Special meetings may be held at any time
on the call of any member of the Commission.
The Director shall attend meetings and shall be responsible for
preparing minutes and shall have a right to participate in discussions
but shall have no vote.
All meetings of the Commission shall be open to the public and
the minutes shall be open to public inspection.

RULE XVI - EFFECT OF INVALIDITY IN PART

If any part or sub-part, sentence, clause or phrase of these Rules and
Regulations as established by Chapter XV of the Charter of the City of
Muskegon is for any reason held to be invalid, such decision shall not affect
the validity of the remaining portions of these Rules and Regulations and
each part, sub-part, sentence, clause or phrase thereof, irrespective of the
fact that any one or more parts, sub-parts, sentences, clauses or phrases
be declared invalid.

RULE XVII - CONTINUING EDUCATION REIMBURSEMENT POLICY

The City of Muskegon encourages the development of employee
knowledge, skills, and abilities. In support of this, the City offers
individual continuing education reimbursement for professional
development courses. For purposes of this policy, continuing
education/professional development comprises undergraduate, graduate,
specialized certification, or licensure coursework pursued outside of
normal work hours.

036SH/03/16/87 Page 61
( Further, the continuing education course(s) must be reasonably
related to an employee's job responsibilities and show promise of
enhancing work-related knowledge, skills, and abilities. Individuals
eligible for reimbursement must be regularly scheduled permanent
full- or part-time City employees. However, employees covered by a
collective bargaining agreement that eliminates continuing education
reimbursement payments are not eligible for this benefit.

To request continuing education reimbursement, the following steps
must be followed:

1. Prior to the start of any coursework, the employee must complete
a Continuing Education Reimbursement form, available in the Civil
Service Office or through the Intranet under Forms/Benefit Info.
Coursework not pre-approved may not be approved for
l
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reimbursement. I'
2. Attach receipt(s)/receipt copies to the completed reimbursement '
form and submit the paperwork to the appropriate Department
Head for approval.
3. Upon approval, the Department Head must send the completed
I'
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paperwork to Civil Service for final pre-approval.
4. Civil Service will advise both the employee and Department Head
I
;

via e-mail or written notice of the denial or pre-approval of
continuing education reimbursement, pending successful
completion of the coursework with minimum grade of "C" or the
I
equivalent.
5. Upon receipt of a satisfactory class grade report, a copy of the
I
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report must be submitted to Civil Service. Civil Service will
forward payment information to the Finance Department for
reimbursement. Reimbursement payment will be made through
payroll and will be added to your paycheck {non-taxable).

0365H/03/16/87 Page 62
6. NOTE: Reimbursements must be completed in a timely manner.
Each year's coursework must be completed by December 31.
Reimbursement requests must be finalized by January 10 for the
prior year's payment. Any payment requests received after the
cutoff date will apply to the next calendar/fiscal year.
7. Additionally, continuing education reimbursement requests
submitted outside of the above procedure may be denied!
8. Any employee receiving continuing education reimbursement who
leaves City employment within one year of receiving
reimbursement shall forfeit payment as follows:
a. Employees shall forfeit 100 percent of the reimbursement
in the events/he leaves the City employment within six
(6) months of the reimbursement date.
b. Employees shall forfeit 50 percent of the reimbursement in
the events/he leaves City employment after six (6)
months but within one (1) year of the reimbursement date.

Continuing education reimbursement is limited to $500 per calendar year
per full-time employee and $250 per calendar year per part-time
employee. Employees may not assign individual continuing education
reimbursement benefits to another employee, and only tuition,
registration, and textbook costs will be considered for payment.

***
The foregoing Rules and Regulations were written, compiled and
adopted by resolution of the Civil Service Commission and shall govern the
Classified Service of the City of Muskegon.

***

036SH/03/16/87 Page 63
INDEX

RULE 1 - CLASSIFICATION ........................................................................ S
•RULE II - APPLICANTS/ APPLICATIONS ..................................................... 9
RULE III - EXAMINATIONS ••••••••.••..•....•.......•.•.••.••.••.... 11•••····•••···•·····•······· 13
RULE IV - ELIGIBLE LISTS ................. li ••••••••••••••••••••••••••• 11••••••• . •••••··••••······· 22
RULE V - REQUISITION/CERTIFICATION ................................................ 24
RULE VI - APPOINTMENTS ....................................................................... 27
RULE VII - PROMOTIONS .......................................................................... 30
RULE VIII - TRANSFERS ........................................................................... 32
RULE IX - LEAVES OF ABSENCE .......................................•............ I! •••••••••• 34
RULE X - RESIGNATION, REMOVAL, DEMOTION, SUSPENSION ............... 38
RULE XI - REDUCTION IN PERSONNEL .................................................... 49
RULE XII - EMPLOYEE PERFORMANCE EVALUATIONS .............................. 50
RULE XIII - REPORTS TO THE COMMISSION ............................................ 52
RULE XIV - LABORER CLASS ..................................................................... 52
RULE XV - ADMINISTRATION ····•••••··••=••·•··········•·••••·············•·················· 53
RULE XVI - EFFECT OF INVALIDITY ...................................................... "-•••··· 55
RULE XVII - CONTINUING EDUCATION REIMBURSEMENT POLICY ........... 55

ACCEPTANCE OF APPLICATIONS .................................................................. 9
ACCEPTANCE OF LOWER POSITION .......................................................... 26
( ADMISSION OF TARDY CANDIDATES ....................................................... 19
ADVANCEMENT THROUGH EXAMINATION ................................................. 31
ALLOCATION TO POSITION TO CLASS ......................................................... 7
AMENDMENT TO RULES ............................................................................... 53
APPEAL OF DIRECTOR'S DECISION ........................................................... 54 i
APPOINTING AUTHORITY .......................................................................... 1 !

BONA FIDE OCCUPATIONAL QUALIFICATIONS .......................................... 9
BULLARD-PLAWECKI ACT ......................................................................... 12
II!
CANCELLATION OF EXAMINATIONS ............................................................ 19 Il
CAUSE FOR REMOVAL {OFFENSES} ..................................... a••••••••••••••••••••• 38 !
CAUSE FOR REMOVAL OF NAMES ............................................................. 23 f
CERTIFICATION FROM ELIGIBLE LIST ...................................................... 25 I
f
CERTIFICATION OF PAYROLLS .................................................................. 52
CHANGE IN CLASSES .................................................................................. 7
i'
CHANGE Ir--~ DUTIES .........................................................................'!I •••••••••• 7
CHANGE IN STATUS .................................................................................. 9 111.
I
CHARACTER OF APPLICANTS .................................................................... 10
CHARACTER OF EXAMINATIONS .............................................................. 16
CITIZENSHIP .............................................................................................. 5
CIVIL SERVICE ........................................................................................ 1,5
CIVIL SERVICE COMMISSION ...................................................................... 1
CLASS SPECIFICATION ............................................................................... 1
CLASSIFICATION ..................... ~ .................................................................. 2

0365H/03/16/87 64
CLASSIFICATION PLAN ......................................................................... 2,6,7
CLASSIFIED SERVICE .............................................................................. 2,5
COMMISSION .............................................................................................. 2
COMPETITIVE CLASS ······••11••··-····································································
COMPULSORY LEAVE OF ABSENCE ............................................................ 36
S
CONCEALMENT OF IDENTITY ................................................11••···········•·••·· 18
CONDUCT OF EXAMINATIONS ................................................................... 19
CONFIDENTIALITY OF APPLICANTS .......................................................... 12
CONSOLIDATION OF ELIGIBLE LIST ......................................................... 22
CONTENT OF EXAMINATIONS ..................................................................... 17
COURSE OF STUDY (LEAVE OF ABSENCE) ................................................. 36

DEMOTION ............................................................................................................................... 48
DISCIPLINARY ACTIONS .............................................................................................. 39
DISQUALIFICATION OF APPLICANT ......................................................... 11
DRIVING RECORD ......................................................................................................................... 12
DUTY OF APPOINTING AUTHORITY (PROBATION PERIOD) ...................... 28

ELIGIBLE .................................. 2
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ELIGIBLE LIST .............................................................................................................. 2,23
ELIGIBILITY OF PROMOTIONAL EXAMS .................................................... 31
EMERGENCY APPOINTMENTS ............................................................................................. 29
EMPLOYEE ........................................................................................................................... 2
EXAMINATION GRADES .................................................................................................... 20
EXAMINATION PAPERS NOT PUBLIC RECORD ........................................... 22
EXAMINATIONS .................................................................................................................. 13

FAILURE TO REQUEST CERTIFICATION ..................................................... 27
FELONY RECORD POLICY ···•··••:1•• ................................................................................. 17
FILING OF APPLICATIONS ............................................................................................... 9
FREEDOM OF INFORMATION ACT .................................................................................... 12

GENERAL APPLICATION REQUIREMENTS .................................................... 9
GENERAL AVERAGES (EXAMINATIONS) .................................................... 19
GENERAL LEAVE OF ABSENCE REQUIREMENTS ......................................... 34
GOVERNMENTAL LEAVE OF ABSENCE ................................................... 35,36

HEALTH LEAVE OF ABSENCE ........................................................................................... 36

ILLEGAL EMPLOYEE ........................................................................................... 2
INSPECTION OF EXAMINATION PAPERS ................................................... 21

LABOR CLASS ........................................... 6
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

LEAVE-CREATED VACANCIES ............................................................................. 37
LICENSES, CERTS AND REGS ............................................................................. 11
LIFE OF ELIGIBLE LIST .................................................................................... 22

MANAGEMENT RESPONSIBILITY (PERFORMANCE EVALUATION) .............. 51

0365H/03/16/87 65
( MEDICAL EXAMINATIONS ......................................................................... 18
MEDICAL RE-EXAMINATIONS ................................................................... 18
MEETINGS AND MINUTES ......................................................................... 56
MILITARY LEAVE OF ABSENCE .................................................................. 35
MINIMUM QUALIFICATIONS ..................................................................... 10
MUNICIPAL SERVICE ■■■ :a••······• .. •······•···•···•······•·••=i••······•••············•····•··•·····•·•· 2
NEW POSITION OR CLASS ..................................... ~ .................................... 8
NON-COMPETITIVE CLASS .......................................................................... 6
I!
NON-TRANSFER OF PATROLMEN AND FIREMAN ........................................ 33 l
NOTICE OF ACCEPTANCE ........................................................................... 27 I
NOTICE OF APPOINTMENT •••.••••••.•.•••.....•..••...•...••....•.•...•..••. 111t•••··············•· 27
NOTICE OF CERTIFICATION ........................................................................ 26
NOTICE OF RESULTS OF EXAM .................................................................. 20
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OPEN AND CONTINUOUS RECRUITMENT ................................................... 15 I
OPEN AND CONTINUOUS EXAMINATION .................................................... 2 f
OPEN-COMPETITIVE RECRUITMENT...................... !! ••••••••••••••••••••••••••••••••••• 14 !
OPEN-COMPETITIVE EXAMINATION ......................................... lil •••••••••••••••••• 3 l
ORGANIZATION AND STAFF ...................................................................... 54
ORIGINAL ENTRANCE ................................................................................ 25
I;

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OTHER APPOINTMENTS ............................................................................ 52
I
( PERMANENT APPOINTMENTS .................................................................... 28

I'
PERSONAL FITNESS OF APPLICANTS ........................................................ 10
PERSONAL REASONS FOR LEAVE OF ABSENCE .......................................... 37
PERSONNEL DIRECTOR ................................................................................. 3
POSITION .............................................................................................. -..... 3 !
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POST-DISCIPLINARY PROCEDURE ............................................................ 46 'I
POSTPONEMENT OF EXAMINATIONS .......................................................... 19
PRESCRIBED FORM ...........................................................•......................... 3
PRESERVATION OF EXAM PAPERS ............................................................ 21
PROBATIONARY PERIOD .......................................................................... 28
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PROCEDURE FOR EXAMINATION ........................................................................ 13
PROCEDURE FOR PROMOTIONS ..................................................................... 30 l
PROCEDURE FOR REDUCTION .................................................................... 49
PROCEDURE PRIOR TO DISCHARGE ............................................................... 45
PROCEDURES FOR APPOINTMENT ..................................................................... 27
PROMOTION ........................................................................................................................ 3
PROf\r1OTIONAL EXAMINATION ..................................................................................... 3
PROMOTIONAL EXAM (PERFORMANCE EVALUATION) ............................... 51
PROMOTIONAL EXAMINATIONS ................................................................. 25,35
PROMOTIONAL RECRUITMENT ............................................................................ 15
PROMOTIONS .................................................................................................. 25,31
PROMULGATION .................................................................................................... 22
PUBLIC HEARING ................................................................................................. 3
PUBLIC NOTICE ............................................................................................................. 3
PUBLIC NOTICE OF EXAMINATION ............................................................. 14
!! . . . . . . . . .

0365H/03/16/87 66
PURPOSE FOR PERFORMANCE EVALUATION ............................................. SO

QUALIFYING EXAMINATION ..................................................................... 15

RE-APPOINTMENT .................................................................................... 50
RE-EMPLOYMENT LIST ................................................................................ 4
RECLASSIFICATION ................................ i •••••••••••••••••••••••••••••••••••••••••••••••• 7,8
REGISTER OF ELIGIBLES .................................. 11 ••••••••••••••••••••••••••••••••••••••• 22
REINSTATEMENT REQUESTS ..................................................................... 24
REJECTION OF APPLICATION •••••••••••••••••••••••••• ::i••················•············· 9,11,12
REMOVAL .................................................... ,. ............................................. 38
REMOVAL OF NAMES FROM ELIGIBLE LIST ............................................... 23
REQUEST FOR CERTIFICATION ................................................................. 24
REQUIREMENT FOR PERFORMANCE EVALUATION ..................................... 50
RESIDENCE ................................................................................................. 5
RESIGNATION .......................................................................................... 38
RESTORATION OF NAMES TO ELIGIBLE LIST ............................................ 24
RESTORATION TO POSITION .................................................................... 38
RETURN OF PERFORMANCE EVALUATION FORM ....................................... 51
REVIEW AND APPEAL ............................................................................... 20
REVIEW ON RECLASSIFICATION ................................................................ 8

SCHEDULING EXAMINATIONS .................................................................. 16
SCORING PERFORMANCE EVALUATION EXAMS ......................................... 51
SEASONAL APPOINTMENTS ...................................................................... 30
SEASONAL TRANSFER ............................................................................... 34
SPECIAL EXAMINERS ................................................................................ 19
SUBJECTS OF EXAMINATION .................................................................... 19
SUSPENSION ............................................................................................ 48

TABLE OF CONTENTS .................................................................................. 1
TEMPORARY APPOINTMENTS ................................................................... 29
TRANSFERS OF NON-PROBATIONARY EMPLOYEES ................................... 33
TRANSFERS OF PROBATIONARY EMPLOYEES ............................................ 32
TRANSFER OF TEMPORARY, EMERGENCY EMPLOYEES .............................. 33
TYPES OF EXAMINATIONS ........................................................................ 15
TYPES OF LEAVE OF ABSENCE ................................................................... 35
TYPES OF PUBLIC NOTICE OF EXAM ......................................................... 14

UN-AMERICAN ACTIVITIES .............................................. i •••••••••••••••••••••••••• 5
UNCLASSIFIED SERVICE •••.•.•.••.•••..••••••.••..•••..• 11,i•·•••··•····•········•····•···••····••• 4,5

VA CAN CY .......... •a •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 4
VETERAN'S PREFERENCE .......................................................................... 11

WEIGHTS OF THE EXAMINATION .............................................................. 19
WORK RULES ............................................................................................ 38
WORKPLACE VIOLENCE .••.•..•....•.•.•...•...••.•.•...•••••••.•.••..•••••••...••.. 11:••············ 43

036SH/03/16/87 67
APPENDIX A

CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS

GRIEVANCE PROCEDURE
II
1
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I. AUTHORITY
II
i
II.

III.
PURPOSE

GENERAL PROVISIONS
I
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IV. GENERAL RULES OF THE GRIEVANCE PROCEDURE '
V. REPRESENTATION I
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VI. PROCEDURE II

Ir
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Ir
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0365H/03/16/87 68
APPENDIX A

CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS

GRIEVANCE PROCEDURE

I. AUTHORITY
The authority for this policy is found in the Charter of the City of
Muskegon with specific reference to Chapter XV, Sections 2 and 10
thereof. Further authority is found in the Rules and Regulations of the
Civil Service Commission, City of Muskegon, Michigan, June 1, 1987,
with specific reference to Rule X, Section S, 6, and 7, and Rule XV,
Section 3.

II. PURPOSE
The purpose of the grievance procedure is to provide a means for an
employee to bring to the attention of supervision and management a
complaint or grievance and to seek redress for an alleged wrong.

Employees should feel free to use the grievance procedure without fear
of reprisal and supervisors and managers should attempt to prevent
conditions which result in grievances and should attempt to settle
grievances promptly and amicably.

III. GENERAL PROVISIONS

(a) Grievance Definition:

A "grievance" for the purpose of this rule is defined as a
violation of a specific portion of Chapter XV of the Charter
or a specific rule in the Civil Service Rules and
Regulations.

IV. GENERAL RULES OF THE GRIEVANCE PROCEDURE

(a) Grievances may be filed by an individual classified
employee or by a group of classified employees similarly
aggrieve; however, if a group of employees files, only
those signatory to the grievance will be considered as
grievants.

(b) This shall be the exclusive grievance procedure for
classified employees not covered by a collective
bargaining agreement.

0365H/03/16/87 69
( {c) An employee may withdraw a grievance at any point in
the procedure. The withdrawal must be in writing. Once
a grievance is withdrawn it may not be reinstated except
under extenuating circumstances.

v. REPRESENTATION

{a) A classified employee who is not ~overed by the terms of
a collective bargaining agreement may represent himself
or herself with or without legal counsel. The employee
and his/her legal representative will be allowed
reasonable time to participate at all steps of the
grievance procedure, but such privilege shall not be
abused.

{b} A classified employee who is represented under the terms
of a collective bargaining agreement may represent
himself or herself, with or without legal counsel, or may
elect to be represented by his or her bargaining agent I
under the terms of a collective bargaining agreement, I
provided that the legal counsel or bargain agent must be

VI. PROCEDURE
given the opportunity to be present at any adjustment of
the grievance under this procedure.
II
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Upon the receipt of a grievance signed by the employee or a group of !I
employees, the Civil Service Commission shall conduct an Appeal II
Hearing in accordance with the Rules for the Conduct of an
Administration Hearing found in Appendix B.
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Adopted: February 27, 1989 I
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0365H/03/16/87 70
APPENDIX B

CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS

RULES FOR THE CONDUCT OF ADMINISTRATIVE HEARINGS

I. AUTHORITY

II. NOTICE OF APPEAL

III. APPOINTMENT OF HEARING OFFICER

IV. QUORUM FOR ADMINISTRATIVE HEARING

V. HEARING OFFICER: SCOPE OF AUTHORITY

VI. NOTICE OF ADMINISTRATIVE HEARING

VII. ADJOURNMENTS

VIII. ATTENDANCE AT ADMINISTRATIVE HEARINGS

IX. RECORD OF HEARING PROCEEDINGS

X. ORDER OF PROCEEDINGS

XI. REPRESENTATION BY COUNSEL; CROSS EXAMINATION OF

WITNESSES

XII. RULES OF EVIDENCE

XIII. STIPULATIONS

XIV. FINDINGS OF FACT: FINAL DETERMINATION BY CIVIL SERVICE
COMMISSION

0365H/03/16/87 71
APPENDIX B

CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS

RULES FOR THE CONDUCT OF ADMINISTRATIVE HEARINGS

I. AUTHORITY
The authority for this policy is found in the Charter of the City of
Muskegon with specific reference to Chapter XV, Sections 2 and 10
thereof.

II. NOTICE OF APPEAL
All requests for Administrative hearings shall be made in writing and
shall show specifically the reasons for the request.

III. APPOINTMENT OF A HEARING OFFICER
The Civil Service Commission may appoint the Personnel Director, or
some other person having no personal or financial interest in the
result of the appeal, to serve as Hearing Officer. The Hearing Officer
shall conduct the hearing according to these various rules and may
recommend a cause of action to be ordered or decision to be
rendered.

IV, QUORUM FOR ADMINISTRATIVE HEARING
No hearing under these rules shall be conducted in the absence of
two or more Civil Service Commissioners.

V. HEARING OFFICER: SCOPE OF AUTHORITY
The Hearing Officer, subject to final review by the Civil Service
Commission, shall:

(a) Regulate the course of the hearings, set the time and place for
continued hearings and fix the time for filing of briefs and other
documents.

{b) Provide for the taking of testimony and the presentation
evidence and/ or proofs.

VI. NOTICE OF ADMINISTRATIVE HEARINGS
All parties in a contested matter shall be given an opportunity for a
hearing without undue delay.

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All parties shall be sent notice of the hearing at least seven (7)
calendar days in advance of the start of the hearing. The employing
department shall also be sent notice of the hearing. The hearing
notice shall include:

(a) The date, hour, place, and nature of the hearing.

(b) A statement of the Issue(s) involved in the hearing.

VII. ADJOURNMENTS
The hearing officer for good cause shown may adjourn the hearing
upon the request of a party or upon his/her own initiative.

If a party fails to appear at a hearing after proper service, and if no
adjournment is granted, the hearing officer may proceed with the
hearing or recommend to the Commission that the appeal be
dismissed.

VIII. ATTENDANCE AT ADMINISTRATIVE HEARINGS
Hearings on behalf of the Civil Service Commission are public
proceedings and are governed by applicable law.

The hearing officer shall have the power to require the retirement of
witnesses during the testimony of other witnesses.

IX. RECORD OF HEARING PROCEEDINGS
Hearings shall be recorded on tape. When requested by a party at
interest, the Civil Service Department shall arrange for stenographic
service, provided, that the cost of the service shall be paid by the
party requesting the service, and that if copies of the transcript are
ordered the total cost shall be shared by the parties ordering the
transcript.

X. ORDER OF PROCEEDINGS
The hearing officer shall determine the order of the proceedings,
affording all parties full and equal opportunity to make their
presentations.

XI. REPRESENTATION BY COUNSEL; CROSS-EXAMINATION OF
WITNESSES
Any party at interest may be represented at the hearing by counsel
or by other authorized representative. Any party at interest shall
have the right to cross-examine witnesses.

XII. RULES OF EVIDENCE
The parties shall be given an opportunity to present evidence and
argument on issues of fact and issues of law.

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The hearing officer shall be the judge of the relevancy and
( materiality of the evidence offered. The administrative hearings are
for the purpose of fact-finding, and conformity to the legal rules of
evidence shall not be necessary.

The hearing officer shall give probative effect to evidence of a type
commonly relied upon by reasonably prudent persons in the conduct
of their affairs. Irrelevant, immaterial, or unduly repetitious evidence
may be excluded.

Objections to offers of evidence may be made, and the hearing
officer shall respond on the record to such objections in his/her
report of findings of fact.

For the purpose of expediting hearings, and where the interests of
the parties will not be substantially prejudiced, the hearing officer
may upon his/her initiative require all or part of the evidence in a
contested matter to be submitted in written form.

XIII. STIPULATIONS
The parties to a hearing may, and are encouraged, to agree by
stipulations in writing to any fact involved in the contested matter.
The stipulation shall be used as evidence at the hearing and shall be
binding on the parties. •

XIV. FINDINGS OF FACT:
FINAL DETERMINATION BY CIVIL SERVICE COMMISSION
The hearing officer shall file a report setting forth the findings of
fact, conclusions of law, and recommendations. The report shall be
made in writing to the Civil Service commission within a reasonable
period, provided that the Commission may require that the report by
submitted by a specific date. The findings of the fact shall be
accompanied by a concise state of underlying facts supporting them.

The Commission may accept, modify, or reverse the decision and
recommendation of the hearing officer. If the Commission's decision
is different from that of the hearing officer, the reasons will be
detailed in writing and given to the parties. The decision of the
Commission shall be final and it order binding on all parties.

A copy of the final decision of the Commission shall be mailed forth-
with to each party to the contested matter and to his/her
representative of record.

Adopted: February 27, 1989

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