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ARTICLE 6. THE EXECUTIVE BRANCH: STAFF DEPARTMENTS

CHAPTER 4. HUMAN RESOURCES DEPARTMENT

Annotations By: Jacqueline Bejma

Sec. 6-401. General Purpose

The purpose of the HR department is to:

1. Establish a personnel system that meets the needs of the people of Detroit
2. Assures that employment and promotion in Detroit government are based on merit, in accordance with any relevant collective bargaining agreement
3. Provide resolution when provisions are violated

The purpose of this chapter is to establish a system of personnel administration that meets the needs of the people of Detroit, assures that employment and promotion in Detroit government are on the basis of merit and in accordance with collective bargaining under law, and provides methods of redress when these provisions are violated.

Sec. 6-402. Human Resources Department

The HR department performs all HR function for all agencies of the city

Except as otherwise provided by law or this Charter the Human Resources Department shall perform all aspects of the human resources functions for all agencies of the City.

Sec. 6-403. Human Resources Director and Deputy

The HR director is appointed by the mayor

The HR director will appoint a deputy DR director

The Human Resources Director shall be appointed by the Mayor. The Mayor may remove the director without cause. A Deputy Human Resources Director shall be appointed by and serve at the pleasure of the Human Resources Director.

Sec. 6-404. Qualifications

The Human Resources Director shall have at least five (5) years experience in personnel administration.

Sec. 6-405. Civil Service Commission

The HR department is headed by a 5 member civil service commission

The mayor appoints 2 members of the commission for 2 year terms every even-numbered year

The city council appoints 3 members of the commission for 2 year terms every odd-numbered year

Members must be U.S. citizens and residents of the city

Members cannot hold any other public office or employment in the city of Detroit (except notary public)

Members should be representative of the total community

The commission must meet at least once per month

The commission may hold hearings, subpoena witnesses, administer oaths, take testimony and require the production of evidence

The Human Resources Department is headed by a five (5) member Civil Service Commission.

The Mayor shall appoint two (2) members to two (2) year terms beginning February fifteenth (15th) of each even numbered year and the City Council shall appoint two (2) members to two (2) year terms beginning February fifteenth (15th) of each odd numbered year. The Mayor and City Council shall jointly appoint one (1) member to a three (3) year term beginning February fifteenth after the expiration of the preceding term. A member may be removed only for cause by the appointing authority. A vacancy on the Commission shall be filled for the unexpired term, if any, by the authority making the original appointment.

A member must be a citizen of the United States and a resident of the City of Detroit. The members of the Commission may hold no other public office or public employment with the City of Detroit except that of notary public. The Commission shall be representative of the total community and shall meet at least once each month.

The Commission may hold hearings, subpoena witnesses, administer oaths, take testimony, and require the production of evidence. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the Commission shall apply to the appropriate court. The Commission may delegate the powers to hold hearings, administer oaths and take testimony.

Sec. 6-406. Non-Discrimination

No city employee or applicant for employment can be discriminated against for any reason, including those protected by State and federal civil rights statutes

No city employee or applicant for employment may be discriminated against because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, disability, familial status, marital status, or any status protected by the laws of the State of Michigan or the United States of America. The Human Resources Department shall take all action permitted by law to ensure fair and equitable treatment of all employees and applicants for employment.

Sec. 6-407. Employee Organization

Employees of the City have the right to collective organization and collective bargaining.

Sec. 6-408. Labor Relations

A labor relations division will be created with the HR department

The mayor will appoint the HR director or another person as head of the labor relations division

The head of the labor relations department may hire, promote, supervise, discipline or remove employees of the division

The labor relations division will act on behalf of the city in the negotiation and administration of collective bargaining contracts

The city council must ratify any collective bargaining between the City and related organization’s contract before it becomes effective

Any collective bargaining contract supersedes any classifications, rules or policies of the HR department

A Labor Relations Division is created within the Human Resources Department.

The Mayor may appoint either the Human Resources Director or another person as head of the Labor Relations Division.

The person named as head of the division shall hold the position at the pleasure of the Mayor.

In accordance with Article 6, Chapter 4, the head of the Labor Relations Division may hire, promote, supervise, discipline and remove employees of the division, assign duties to the employees and supervise the performance of those duties.

The Labor Relations Division shall act for the City under the direction of the Mayor, in the negotiation and administration of collective bargaining contracts.

The City Council must ratify any collective bargaining contract agreed to between the City and the respective union before it becomes effective.

The terms of any collective bargaining contract, and all rules and rulings made under it, shall take precedence over any inconsistent classifications, rules, or policies of the Human Resources Department.

Sec. 6-409. Classification of Positions

The HR director prepares, maintains and periodically revises a classification plan for all positions

The classification plan includes job titles and responsibilities for each position

The HR director can consult with other heads of agencies in creating these descriptions

The classification plan must be filed with the city clerk’s office

The Human Resources Director shall prepare, maintain, and from time to time revise a classification plan for all positions in the classified service. The classification plan shall include an appropriate title for each class and a description of the duties and responsibilities of positions in the class. The Human Resources Director may consult with the heads of city agencies in the preparation of those descriptions.

The classification plan and any revision of it, shall be filed with the City Clerk and shall be a public record. The plan or any revision shall become effective thirty (30) days after filing, except that, within the thirty (30) day period, the Civil Service Commission may, on its own initiative or at the request of any classified employee or the head of any agency affected, review the classification plan or any revision and, after giving the Human Resources Director a full hearing, may make changes if it finds upon clear and convincing evidence that the description or classification of any position or positions is improper.

Sec. 6-410. Examinations

Entry into classified service will be open to competitive examination

Any licensed professional can be excused from this requirement

The head of each agency will make all promotions to classified service within each agency

The HR department may require a person nominated for a position to pass a qualifying exam

The HR director will prepare, administer and grade all qualifying exams

The HR director will consult with the head of agency when preparing qualifying exams

Entry into the classified service shall, as nearly as conditions of good administration warrant, be by open, competitive examination. However, any person applying to work for the City in a profession or occupation for which he or she has been licensed by the governments of Michigan or the United States may be excused from this requirement by the rule of the Civil Service Commission.

The head of each agency may make all promotions to classified positions within the agency. However, the head of an agency shall give the Commission written notice of any proposed promotion within the classified service not less than thirty (30) days before its effective date.

The Human Resources Department may require a person nominated for a promotion to take a qualifying examination for the new position and, if that person does not achieve a passing score on the examination, the promotion shall not take effect.

The Human Resources Director shall prepare, administer and grade all examinations, subject only to an examinee’s right to appeal under section 6-411.

The Human Resources Director shall consult with the head of the agency involved and other qualified individuals in the preparation of each of its examinations.

Other policies and rules governing entry into, and change of status within, the classified service shall be prepared by the Human Resources Director and shall become effective upon ratification by the Commission and upon the filing of a written copy with the City Clerk. However, no person seeking to enter the classified service who has taken an examination and been placed on a register of applicants eligible for employment may be passed over in favor of an applicant with a lower examination score unless the head of the agency involved files with the commission written reasons for that action, acceptable to the Commission.

Sec. 6-411. Validation

When possible, the city will use professionally developed exams

An examinee can challenge any part of any examination

To the maximum extent possible, the City shall use professionally developed examinations, supported by empirical data demonstrating that the examination is predictive of, or significantly related to, important elements of work behavior of the position or positions for which applicants are being evaluated.

An examinee may challenge any part of any examination on the grounds that it does not conform to the requirements of this chapter or departmental policies or rules, but the Civil Service Commission may grant relief only if it finds that there is no clear and convincing evidence of validity for the examination or part being challenged.

Sec. 6-412. Recruitment and Advancement

The HR director will prepare and carry out recruitment policies

All recruitment policies will be filed with the city clerk’s office

The Human Resources Director shall prepare and carry out policies for the recruitment of capable persons for employment by the City and for employee advancement.

These policies shall be filed with the City Clerk and shall be a public record. They shall become effective thirty (30) days after filing, except that, within the thirty (30) day period, the commission may review those policies and, after giving the Human Resources Director a full hearing, may make changes if it finds upon clear and convincing evidence that the policies are contrary to the good of the service.

Sec. 6-413. Employee Grievances

The civil service commission provides final resolution for any grievance brought by or against any classified employee of the city

Any aggrieved employee can file an appeal within 10 days

Arbitration will settle any disputes

Hearing of appeals must take place within 30 days of filing

The Civil Service Commission shall, by rule, provide a procedure for the final resolution of any grievance brought by or against a classified employee of the city. Any grievances filed with the Commission under the procedure shall be finally determined within sixty (60) days after filing, unless the time is extended by agreement of the parties.

If a grievance is not settled, the aggrieved employee may file, within ten (10) calendar days, an appeal with the Commission. The employee and the Commission shall attempt to agree on a hearing officer from among not fewer than three (3) individuals proposed by the Commission. If the employee and the Commission are unable to agree, they shall request a recognized arbitration association as designated by ordinance to propose the names of five (5) persons who could act independently and impartially as hearing officer in the matter. In the presence of an officer authorized to take oaths, each side, acting in turn with the employee beginning, shall indicate a name to be struck with those proposed until both sides have struck two (2) names. The person whose name then remains shall be the hearing officer.

A hearing shall be held within thirty (30) calendar days after filing of an appeal. The hearing officer shall file a report of the decision, setting forth findings of fact, conclusions of law, and recommendations, within thirty (30) calendar days of the hearing which is subject to review by the commission.

Any rule or policy under this section becomes effective in accordance with section 2-111.

Sec. 6-414. Jurisdiction

The commission procedure will be used for any employee not covered by a collective bargaining contract

Classified employees covered by a collective bargaining contract may use the commission procedure or the contract procedure, but not both

The Commission procedure shall be exclusive for classified employees not covered by a collective bargaining contract.

A classified employee covered by a collective bargaining contract containing a procedure providing for a final and enforceable resolution of a grievance shall, unless the contract procedure is made exclusive, elect to use either the Commission procedure or the contract procedure, but may not use both.

A classified employee covered by a collective bargaining contract containing a grievance procedure that does not result in a final and enforceable resolution of the grievance may, if the collective bargaining contract so provides, pursue the contract procedure and then file under the Commission procedure.

Sec. 6-415. Payrolls

The city may, by ordinance, establish residency requirements for city employment

The Human Resources Department shall certify that the classified employees named in payroll vouchers are employed in accordance with this chapter and departmental policies and rules.

No officer shall make or approve or take any part in making or approving any payment to any classified employee unless the payroll voucher bears the certification of the Human Resources Department.

Any sum knowingly or willfully paid contrary to this chapter or any departmental policy or rule may be recovered in an action brought by any person from any officer who made or approved the payment. All moneys recovered shall be paid into the city treasury. Any person may bring a suit to restrain an officer from making any payment contrary to this chapter, or any departmental rule, regulation or order.

If the Commission finds that the name of any classified employee has been omitted from any payroll, the agency involved shall correct the payroll and the classified employee shall be paid as directed by the Commission.

Sec. 6-416. Residence

Except as otherwise provided by law, the City may, by ordinance, establish residency requirements for city employment.

Sec. 6-417. Classified Service

The classified service of the City shall consist of all employments in the city service except:

1. Elective officers;
2. Persons holding appointments under this Charter;
3. Persons employed to make or conduct a temporary or special inquiry, investigation, or examination on behalf of the City;
4. Others exempted by this Charter.

Sec. 6-418. Transfers and Promotions to Exempt Positions

A person holding a position in the classified service may enter the exempt service, but may not be discharged therefrom, except by restoration to a classified position in accordance with rules of the Commission.

Sec. 6-419. Consolidation of Entities

All entities will be consolidated:

If a city agency is taken over by another agency, any employees must be placed in appropriate re-employment in the new agency

If any City activity or agency is taken over by another unit of government, the commission shall prepare the city’s payroll history record of all classified employees involved and send that record to the governmental unit. If, after the merger, the service of any such employee is discontinued for reasons other than misconduct or delinquency, the person’s name shall be placed on an appropriate re-employment list in accordance with departmental rules.

If an activity of another private or public organization is taken over by the City, an employee who has held a position in the activity continuously for three (3) years before its merger with the City may retain the position. An employee who has held a position in the activity for less than three (3) but more than one (1) year before its merger with the City must take a departmental qualifying examination for the position. If the employee does not pass a required qualifying examination or if an employee has held a position in the activity for less than one (1) year before its merger with the City and is not selected to retain the position under the procedure of section 6-410, the employee shall be dismissed within thirty (30) days after the establishment of a register of eligibles for the position.