MUNICIPAL CHARTER CITY OF TAKOMA PARK
ARTICLE IX PERSONNEL
Section 901 City Clerk and Treasurer
Section 902 City Attorney
Section 903 Authority to Employ Personnel
Section 904 Merit System
Section 905 Unclassified and Classified Service
Section 906 Prohibitions and Penalties
Section 907 Retirement System
Section 908 Compensation of Employees
Section 909 Employee Benefits Program
Section 910 Personnel Appeals
Section 901 City Clerk and Treasurer
(a) There shall be a City Clerk. The City Manager shall not serve as
the City Clerk. The City Clerk or designee shall attend every meeting of the
Council, keep a full and accurate record of the proceedings of the Council, and
shall keep such other records and perform such other duties as may be required
by this Charter or the Council.
(b) There shall be a Treasurer who shall
keep a full and accurate record of the finances, revenues and expenditures of
the City and shall perform such other duties as may be required by this Charter
or the Council.
(c) The City Manager may appoint a Treasurer or may
assign the duties of that office to some other officer or employee of the
City.
Section 902 City Attorney
There shall be a City Attorney who shall be a member of the bar of the
Maryland Court of Appeals. The City Attorney shall be appointed by the Council
and shall serve at their pleasure and at such compensation as they shall
determine. The City Attorney shall be the legal adviser of the City and shall
perform duties as may be required by the Council. The Council shall have the
power to employ such legal counsel or consultants as it deems necessary from
time to time.
Section 903 Authority to Employ Personnel
The City, through the City Manager, shall have the power to employ
such officers and employees as it deems necessary to execute the powers and
duties provided by this Charter or other authority and to operate the City
government, except as otherwise provided in this Charter.
Section 904 Merit System
The Council may provide by ordinance for appointments and promotions
in the classified service on the basis of merit and fitness. To carry out this
purpose, the City shall have the power to adopt such rules and regulations
governing the operation of a merit system as it deems desirable or necessary.
Among other things, these rules and regulations may provide for competitive
examinations, the use of eligible lists, a classification plan, a compensation
plan, a probation period, appeals by employees included within the classified
service from dismissal or other disciplinary action, and vacation and sick leave
regulations. The City may request and avail itself of the facilities of the
State for the administration of its merit system as provided in State
law.
Section 905 Unclassified and Classified Service
The personnel of the City shall be divided into the unclassified and
classified service.
(a) The unclassified service shall comprise the
following offices and positions which shall not be included within the merit
system:
(1) The Mayor, the Councilmembers, the City Manager, and his/her
Deputy Managers.
(2) The Clerk, Treasurer and the City
Attorney.
(3) The heads of all offices, departments, agencies and
members of City boards and commissions.
(4) Part-time, temporary and
unpaid offices and positions.
(b) The classified service shall comprise all
positions not specifically included in this section in the unclassified service.
All City offices and positions shall be subject to any merit system rules and
regulations which may be adopted for that position.
Section 906 Prohibitions and Penalties
(a) No person in the classified service of the City or who seeks
admission thereto shall be appointed, promoted, demoted, removed, or in any way
favored or discriminated against because of age (in accordance with applicable
law) sex, race, color, religion, sexual orientation, national origin, marital
status, political or union affiliation, disability, or any other factors not
related to ability to perform the work. No person shall commit or attempt to
commit any fraud preventing the impartial execution of the personnel provisions
of this Charter or of the rules and regulations made thereunder; no officer or
employee in the classified service of the City shall serve simultaneously both
in elective office within the City government and as an employee of the City;
and no person seeking appointment to or promotion in the classified service of
the City shall either directly or indirectly give, render or pay any money,
service, or other valuable thing to any person for or on account of or in
connection with the appointment, proposed appointment, promotion, or proposed
promotion of such person.
Section 907 Retirement System
The Council shall establish and maintain a general system of pensions
and retirement benefits for the City, and shall have the power to do all things
necessary to include the City’s officers and employees, or any of them,
within any retirement system or pension system under the terms of which they are
admissible, or to pay the employer’s share of the cost of any such
retirement or pension system out of the general funds of the City.
Section 908 Compensation of Employees
A salary schedule for all classified positions shall be set from time
to time by an ordinance passed by the Council. The City shall have the power to
adopt such rules and regulations establishing a uniform schedule of
reimbursement for expenses, for all City employees, as it deems desirable or
necessary.
Section 909 Employee Benefits Program
The City by ordinance is authorized and empowered to provide for and
participate in hospitalization or other forms of benefit or welfare programs for
its officers and employees, and to expend public moneys of the City for such
purposes.
Section 910 Personnel Appeals
(a) There is established a board to adjudicate certain final personnel
decisions by the City Manager, directly or by delegation, affecting members of
the classified service of the City.
(b) The Council shall define by
ordinance which personnel decisions are appealable and enact such additional
provisions as are necessary to implement this section.
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