Article 43.  

BE IT FURTHER ENACTED:

1.

As used in this section, the term "employee" shall include all persons in the service of the electric power board of the former City of Nashville and/or the electric power board of the metropolitan government, on the effective date of this Charter, and/or subsequent thereto, and the provisions of this article shall apply only to such employees. The civil service and pension provisions appearing in other articles of this Charter shall not apply to the electric power board of the metropolitan government, nor to the metropolitan government when said metropolitan government is acting by and through the electric power board.

For the purpose of administration of civil service and pensions with respect to all employees of the electric power board of the metropolitan government, other than those expressly excluded herein and who shall not be under civil service nor entitled to pension benefits other and except to the extent herein provided, the electric power board of the metropolitan government and the members thereof are hereby constituted and shall be known as the electric employees' civil service and pension board, and shall have exclusive jurisdiction over the civil service and pension provisions in this article to the extent that the same are, or may be applicable to the employees of said electric power board, and to which employees its jurisdiction is expressly limited and confined.

2.

The electric employees' civil service and pension board is authorized, empowered, and directed within six (6) months after the effective date of this Charter, to make all reasonable rules as it may deem necessary from time to time for the government of the employees of the electric power board of the metropolitan government, other than those expressly excluded in this article, and for carrying into effect the provisions, objects, and purposes hereof, expressly including the right to make all necessary and proper rules as to employment, discharge, compensation and classification of employees of the electric power board of the metropolitan government, in connection with these matters, and for promotion, transfer, and assignment; with reference to the granting of leaves of absence and the conditions thereof, and for all other purposes which are necessary and proper, or reasonably calculated to carry into effect the provisions hereof. The electric employees' civil service and pension board shall furnish to each employee a copy of said rules upon request therefor. Until such time as said rules are adopted by the electric employees' civil service and pension board, the existing rules of the electric employees' civil service and pension board pursuant to article 43, chapter 146, Private Acts of 1947, shall remain in full force and effect.

3.

The chairman of the electric power board of the metropolitan government shall act as chairman of the electric employees' civil service and pension board and said civil service and pension board shall have the right to elect from among its own members a secretary who shall keep the records of its proceedings, or it may employ a secretary for that purpose and fix his salary and prescribe his duties, or may constitute the secretary, or any assistant secretary of the electric power board of the metropolitan government secretary of the electric employees' civil service and pension board and may fix his compensation, or additional compensation, and prescribe the duties of the office.

4.

For the purpose of investigating the conduct of any employee of the electric power board of the metropolitan government, the electric employees' civil service and pension board shall have the power to issue subpoenas, compelling the attendance of witnesses, the production of books, papers, and other documentary evidence, and to punish by contempt proceedings any person failing or refusing to answer or obey said summons to give or produce testimony before said electric employees' civil service and pension board.

The electric employees' civil service and pension board shall have power to fine and imprison any persons guilty of such contempt; provided such punishment shall not exceed a fine of fifty ($50) dollars and imprisonment until the offending person shall give or produce the testimony and evidence required by said board.

The electric employees' civil service and pension board shall file an annual report with the mayor of the metropolitan government containing a general statement of its actions for the preceding year and its rules. A copy of said report shall be filed with the clerk of the metropolitan government not less than five (5) days prior to the last metropolitan council meeting in June of each year, and shall be available for public inspection.

5.

Any expenses incident to the operation of the electric employees' civil service and pension board shall be paid out of the revenues of the electric power board of the metropolitan government, and said electric power board shall make provisions therefor in such manner as it may deem necessary or proper and shall promptly pay the same, either on a budget basis, or as incurred by said board when acting as said electric employees' civil service and pension board, all necessary and proper records being kept and maintained for this purpose separate and distinct from the records of the electric power board of the metropolitan government.

6.

All applications for employment by or with the electric power board of the metropolitan government shall be filed with the secretary of the electric employees' civil service and pension board, and shall be in such form and shall contain such information as may from time to time be required by the rules and regulations of said civil service and pension board.

The electric employees' civil service and pension board may examine applicants or cause them to be examined under its rules and regulations in regard to suitability, physical fitness, and other qualifications, as it may from time to time deem necessary or proper. Said board shall establish and maintain eligible lists for the various classes of positions. On each such list the eligibles shall be ranked in the order of their ratings earned in the examinations. Each person who has thus been examined shall be given written notice of his earned rating and of his relative standing on the eligible list, or of his failure to attain a place on said list.

No question in any form or application, or in any examination, shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall entry be made concerning such opinions or affiliations, and all disclosure thereof by any applicant shall be discountenanced. No discrimination whatsoever shall be exercised, threatened, or promised in favor of or against any applicant for employment because of his or her political or religious opinions or affiliations.

In connection with any application for employment to any office or position with the electric power board of the metropolitan government, the electric employees' civil service and pension board may require such certificate of citizens or others having knowledge of the applicant as may be deemed necessary and proper. The electric employees' civil service and pension board, or other examining agent under this article, may refuse to examine an applicant, or, after examination, may refuse to accept an applicant as eligible, if said applicant be determined in any manner to have failed to have complied with the rules of said board, or who for any reason determined by the board is found to be unfit for election, appointment or employment.

All persons other than temporary employees employed by the electric power board of the metropolitan government, after the effective date of this Charter, shall be selected from a list of eligibles to be kept for that purpose by the secretary of the electric employees' civil service and pension board, and which list shall be furnished to the electric power board of the metropolitan government, or the general manager, upon notification that any appointment or employment is to be made to a civil service position by the electric power board.

Whenever the electric power board of the metropolitan government deems it necessary or proper that any person or persons should be employed to do or perform any work of a temporary nature, or temporarily employed on regular or routine work, it shall not be necessary to comply with the civil service requirements of this article. Such persons shall be considered temporary employees only, and shall not be subject to the conditions, limitations, and requirements of the civil service and pension provision hereof, nor entitled to the benefits, except as hereinafter provided.

7.

Every position or employment by or with the electric power board of the metropolitan government shall be deemed to be a civil service position, and every employee of said board shall be deemed to be a civil service employee with the exception of temporary employees, and shall include the present employees of said board and all future employees, and all officers and agents, except that members of the electric power board of the metropolitan government, the general manager, assistant general manager, and the secretary are expressly excluded from the provisions hereof with reference to civil service, and none of said persons, nor the positions which they fill, shall be deemed or considered as under the provisions of civil service.

The board may, within its discretion, by its rules provide for a working test for every person appointed after the effective date of this Charter, to a civil service position, the period of such working test not to exceed six (6) months from the date of appointment. Until the end of such working test period, said employee is defined as a temporary employee only, and shall not be subject to the conditions, limitations, and requirements of the civil service and pension provisions of this article, nor entitled to the benefits thereof except as hereinafter provided.

8.

No employee shall be called upon by any officer, agent or employee of the metropolitan government for any contribution or assessment to any political organization or any member of any committee thereof, nor shall any employee be allowed to solicit any contribution or to sell any tickets or to procure any money by any device from any party, directly or indirectly, or to give or promise any party any office, employment, benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, or vote of any person or persons; no employee shall appear at the polls at any election, primary or general, wearing a badge indicating support of any candidate, ticket, or measure in such election, nor hand out or distribute any literature concerning any candidate, ticket, or measure involved in such election, nor seek in any other manner to use his position as an employee of the electric power board to influence any voter.

The above offenses are hereby defined as political activity. For all such offenses by employees, the electric employees' civil service and pension board shall inflict such punishment as in its discretion the offense merits, subject to review as herein provided.

Nothing herein is intended to abridge the right and power of the board to create or define other offenses or to try or punish employees of the electric power board of the metropolitan government, for any offense or misconduct committed by them.

9.

The electric employees' civil service and pension board shall hold at least one regular meeting in each month, and such special meetings as may be deemed necessary or proper. A special meeting may be called at any time upon the request of the chairman or any two members of the board. Three members of the board shall constitute a quorum for the transaction of all business.

10.

Charges against any employee of the electric power board of the metropolitan government may be preferred by any person except a member of said board. Upon charges being preferred against any employee, such employee in the discretion of the general manager, may thereupon be suspended, pending disposition thereof.

Charges against employees of said electric power board shall be filed or brought exclusively before the electric employees' civil service and pension board. Any charges filed against any employee shall be in writing, and shall be filed in such form and manner as the board may by its rules from time to time prescribe. A copy of any such charges shall be furnished the accused employee at least fifteen (15) days prior to the trial. Said charges, or any amendment thereto, shall plainly and specifically set forth the offense or offenses charged, and shall be recorded by the board in a record kept for that purpose.

The electric power board of the metropolitan government shall have the power at any time but not more than twice in any twelve months, temporarily to suspend without pay any employee for a period not to exceed ten (10) calendar days without disciplinary charges being filed against such employee. If the offense is other than a minor one where suspension would not be a sufficient disciplinary measure, then charges must be filed.

11.

Upon any charge against any employee being filed with said board, it shall, according to its own rules, determine the merits thereof and reduce its findings to writing, and may either suspend, dismiss, or otherwise punish the employee against whom such charge is made. All punishment inflicted by said board shall be entered in a journal kept for that purpose, and the board shall thereupon notify the general manager of the electric power board of the metropolitan government of any and all dismissals from office or other punishment inflicted, and said electric power board, or the general manager, shall thereupon appoint or employ another suitable person to fill the vacancy thus created.

Any such employee who is dissatisfied with the decision of the electric employees' civil service and pension board shall have the absolute right at any time within thirty (30) days to appeal the case to the circuit court of Davidson County, where it shall be tried de novo, or said employee may, if he prefers, file petition for certiorari and otherwise follow the procedure set out in sections 27-9-101 to 27-9-113, inclusive, Tennessee Code Annotated.

Any civil service employee who feels that he has any just complaint in connection with his employment, shall have the right at any time to submit the matters to said board for hearing and determination. All such submissions shall he in such form as may be prescribed by the rules of the board, and shall be tried in the same manner as complaints against employees.

12.

No employee of the electric power board of the metropolitan government, except temporary employees and provisional employees, shall be discharged, suspended for more than ten (10) days nor oftener than twice in any twelve (12) months, or otherwise punished except for just cause and after the filing of charges and trials as hereinbefore provided.

13.

Said board shall ascertain the duties, authority, and responsibilities of all civil service positions, and group all such positions into classes based upon their duties, authority, and responsibilities, and allocate each position to the appropriate class in the classification plan. The board shall adopt a pay plan which shall include, for each class of positions, a minimum and a maximum rate, and intermediate rates. In establishing such rates the board shall give consideration to the qualifications and experience required for such positions, the prevailing rates of pay for the services performed and for comparable services in the various departments of the metropolitan government and in other public and private employment.

Amendments in the classification plan and the pay plan may from time to time be made by the said board.

14.

The said board shall establish a system of service ratings for the employees. Such service ratings and seniority shall be the principal factors in determining the order of promotion, layoffs, abolition of positions, and reemployment.

15.

The electric power board of the metropolitan government shall provide pensions and other benefits for its employees, other than those expressly excluded under this Section as follows:

(a)

Said board shall provide and carry, either as a separate fund or reserve or by way of insurance, workmen's compensation for all of its employees, the benefits of which shall not be less than those provided from time to time by the Workers' Compensation Law (T.C.A. § 50-6-101 et seq.).

(b)

Whenever any employee of the electric power board of the metropolitan government, whether such employee is under civil service or not, shall in the line and course of his employment and in the actual discharge of the duties of his position, sustain personal injuries by external and violent means or by accident, resulting in the death of such employee within twelve (12) months from the time such personal injury was sustained, said board upon allowance of claim, as herein provided, shall pay to the surviving spouse of such employee, if he leaves a surviving spouse, or to the personal representative of such employee if he leaves no surviving spouse, for the benefit of the minor child or children of such employee, if he leaves minor child or children surviving him, or to the personal representative of such employee for the benefit of the estate of such employee, if such employee leaves surviving him no minor child or children or spouse, the sum of one thousand ($1,000) dollars; provided, however, that no such payment shall be made in the case of death of any such employee where the personal injuries resulting in his death were due to the wilful misconduct, intoxication, use of narcotic drugs, or disobedience of orders on the part of such employee, or were intentionally self-inflicted by such employee, or the death of such employee was due to any sickness or disease of such employee, and, provided that written notice of such personal injuries shall be given to the said board, or to the general manager, within thirty (30) days after such personal injuries were sustained.

Upon any notice being given under this provision, said board shall, under its rules, make or cause to be made a full investigation of the facts relevant to the claim and shall determine whether or not the claim is legally and properly payable. The decision of said board on all questions of fact involved in any such claim under the provisions of this article shall be final and shall be subject to review only for illegality or want of jurisdiction.

Payment of said sum of one thousand ($1,000) dollars upon any claim allowed hereunder shall be at the rate of three hundred ($300) dollars in cash at the time the claim is allowed, and the balance of seven hundred ($700) dollars be paid fifty ($50) dollars per month thereafter for fourteen (14) consecutive months, and, provided that all payments made pursuant hereto shall be free from the claims of creditors and shall not be subject to attachment, garnishment or other process of law.

(c)

The electric power board shall provide such pension benefits as in its judgment and discretion may properly be provided from the revenues of the board, to be either by an insurance program in standard recognized forms of insurance, or by way of special funds or reserves, all consistent with the contract between the former City of Nashville and/or The Metropolitan Government of Nashville and Davidson County and the Tennessee Valley Authority, dated as of May 4, 1939, and subsequent contracts, and the provisions of this Charter, and provided that any such pension provision shall be according to the rules of said board, and upon such plans as it may prescribe.

(d)

Such other insurance as the revenues of the board may justify, and as it may determine to be the best interest of employees, may be also provided.

16.

The electric employees' civil service and pension board shall have the exclusive right to fix and determine all matters relating to the granting or revoking of pension or other benefits to or for all employees of the electric power board of the metropolitan government, and upon the terms and conditions prescribed by this article.

17.

The electric power board of the metropolitan government shall have exclusive authority to determine the amount, extent, and nature of the benefits and pensions to be provided for its employees, in conformity with this Charter and said contracts with the Tennessee Valley Authority; provided, that any time which may be lost while serving in the armed services, shall not be counted against such person in computing the length of time of service.

In order to provide benefits and pensions under this article, the electric power board of the metropolitan government shall have the right to acquire contributions from its employees, other than temporary and provisional employees, not to exceed five (5%) percent of the salary of each employee, said five (5%) percent to be in addition to any employee contribution with reference to Social Security and/or old age benefits. The amount to be fixed by resolution of the electric power board and to be deducted from the salary or compensation of said employees each pay period, and all other and further expenses of providing said benefits and pensions shall he paid from the revenues of said board.

Refund of any contribution made by employees and the payment of all benefits or pensions shall be determined according to this article, the rules, and contracts of said electric power board of the metropolitan government; provided that such rules and contracts shall be uniform as to all employees of the same class or condition and no discrimination whatsoever shall at any time he made.

The members of the electric power board of the metropolitan government are expressly excluded from the provisions of this article.

18.

Any fund established or created by the electric power board of the metropolitan government for the purpose of carrying out the insurance or pension provisions of this section and under the rules and regulations of said board shall he kept in a separate fund and shall only he disbursed upon the judgment and determination of the electric employees' civil service and pension board under its rules and regulations.

19.

That this article shall be liberally construed and interpreted, and the persons who on the effective date of this Charter have, for at least six (6) months immediately prior thereto, been employees of the electric power board of the former City of Nashville, created pursuant to chapter 246, Private Acts of 1947, as amended, are hereby appointed and designated to the corresponding positions or employments under this Charter and shall serve and discharge the respective duties of the corresponding respective positions or employments under this Charter until they shall be removed or discharged in conformity with the provisions of this article, or until their respective positions or employments are otherwise vacated. Provided, that no corresponding respective civil service office, employment or position provided for or created under the provisions of the preceding article of this Charter, may be vacated except pursuant to and in conformity with the civil service provisions of this article.

20.

Should any of the terms or provisions of this article for any reason be held invalid, then in that event, to the extent of such invalidity, the exact terms and provisions of article 43 of the Charter of the City of Nashville as it existed at the effective date of this Metropolitan Charter shall be deemed to have been incorporated verbatim in this Metropolitan Charter in lieu of such terms and provisions contained in this article so held invalid.