§ 12.07. Substantive content of rules of the commission.

The rules of the commission shall provide for the efficient organization and administration of employment and regulatory practices by the metropolitan government calculated to preserve the rights of employees and enhance public confidence in a merit system and shall include but not be limited to the following:

(a)

Administration of the classification plan.

(b)

Administration of the pay plan.

(c)

The method of holding competitive examinations for positions in the classified service. In connection with such examinations the rules shall provide for open competitive examinations to be conducted by the director of personnel for the purpose of filling vacancies or making original appointments in the classified service; public announcement thereof after giving reasonable notice; the granting of preferences to former members of the armed forces of the United States; the appointment of examining boards; and the establishment of minimum standards for applicants for such examinations.

(d)

The establishment, maintenance, consolidation and cancellation of eligibility and promotion lists, and the manner in which appointments shall be made. Such rules shall provide a method for establishing reemployment lists containing names of persons separated from positions for reasons other than cause or delinquency on their part; and the time such lists shall remain in effect; for the ranking of eligibles in accordance with ratings earned in tests; for consideration of records of performance, seniority and conduct; for the length of time that promotion and employment lists shall remain in force; and for the method of certifying vacancies and making appointments generally and certifying eligibility therefor; for working test periods; for a method of temporary appointments in the absence of eligible lists, and the limitations thereon, and for emergency appointments.

(e)

The application of service ratings, hours of work, attendance regulations, holidays, and leaves of absence.

(f)

The manner in which lay-offs shall be effected giving due consideration to the seniority rights of employees.

(g)

A method of transferring employees within a department, and from one department to another, provided nothing in such rules shall authorize the transfer of an employee into the police and fire departments of the metropolitan government from other departments unless such employees meet all the entrance requirements of these two departments as established by this Charter and by the rules of the commission.

(h)

The disciplinary action within the classified service. Rules with respect to such action shall provide that when an employee requests a review of disciplinary action taken against him or her, as provided in section 12.05 above, such employee shall be furnished a copy of the basis of his or her discipline not less than fifteen days prior to such hearing, and said rules may provide for the amendment of grounds for discipline upon reasonable notice to the employee.

It shall be mandatory that the rules provide that the judgment and findings of the commission on all questions of fact, in the hearing of charges preferred against any classified employee under the provisions of this article, shall be final and shall be subject to review only for illegality or want of jurisdiction, excepting only cases where classified employees have been dismissed from the service by judgment of the commission, in which case such dismissed employee may prepare and file the record of the proceedings, including a transcript certified by the chairman of said commission, in the circuit and chancery courts of Davidson County, where the case may be heard de novo solely upon the record so certified; provided, that such transcript must be presented to and signed by the chairman of the commission within thirty (30) days after the commission shall have announced its findings, and provided that an extension of time may be granted for this purpose not to exceed thirty (30) days. Any person, other than a member of the commission, may file and prefer charges against any classified employee.

Rules of the commission when adopted as provided herein shall have the full force and effect of law.

Within one (1) year after adoption of the rules or any amendments thereto, any employee who deems himself or herself adversely affected thereby, or any citizen, shall, upon written request therefor, be afforded a public hearing before the commission. The commission, after a hearing, may reaffirm its approval of the rules or make such modifications as it shall deem necessary.

(Amended by referendum election of November 6, 2018, Amdt. 6)