The Civil Service Charter of Wilmington, North Carolina The information provided below is directly from the NC General Assembly web site. < http://www.ncga.state.nc.us > To view/print the Session Law that contains the Civil Service Commission for Wilmington go to: [ HTML | RTF | PDF ] "ARTICLE XI. "Civil Service. "Sec. 11.1. Civil Service Commission established. There is created a Civil Service Commission consisting of five members. Each member must be a citizen and a resident of the City of Wilmington. No member shall be an officer or employee of the city, or be a member of the immediate family of an employee of the city or a former employee of the police or fire department. The employees of the City of Wilmington Fire Department, by a majority vote, shall name one member. The employees of the City of Wilmington Police Department, by a majority vote, shall name one member. The City Council of the City of Wilmington, by a majority vote, shall name one member. The New Hanover County Medical Society governing board, by a majority vote, shall name one member. The Wilmington Ministerial Association governing body, by a majority vote, shall name one member. The members of the commission shall serve a term of three years unless removed by the appointing authority. A member may be removed by a majority vote of all members of the agency appointing that member. A vacancy is caused by death, resignation, disqualification, or removal. A vacancy is filled by the agency authorized to name the member causing the vacancy. If the agency fails to fill the vacancy within 60 days after notification, the resident senior superior court judge of the judicial district that includes New Hanover County shall immediately fill the vacancy. Members appointed to fill a vacancy serve for the remainder of the unexpired term. The city council shall set the compensation for allowances, if any, to be paid the members of the commission. In November of each year, the commission shall elect a chairman and may elect other officers. A majority of the members of the commission constitutes a quorum. The commission may determine its own rules of procedure. The city clerk shall be designated as permanent recording secretary to the Civil Service Commission. The recording secretary shall maintain the minutes of commission meetings and hearings, keep custody of commission records and notify members of meetings. The director of personnel shall act as an ex officio member of the commission representing the city on personnel matters to be handled by the commission. The commission shall within a reasonable time, supply the director of personnel with notification of any actions, reports, or recommendations made by the commission. The personnel office shall notify affected police and fire department members of actions, reports and recommendations made by the commission. "Sec. 11.2. Jurisdiction. The Civil Service Act has jurisdiction over an employee of the Police Department of the City of Wilmington certified in accordance with Section 11.5 of this act and who is clothed with the full power of arrest and whose primary duty is that of enforcing the criminal laws of the city and State, excluding those employees whose primary responsibility is that of issuing parking tickets or collecting fees. The chief of the police department is not covered by the Civil Service Act. The act shall apply to an employee of the Fire Department of the City of Wilmington certified in accordance with Section 11.5 of this act and whose primary function is that of protecting life and property through fire fighting, including those fire officers assigned to supporting services of the fire service. The chief of the fire department is not covered by the Civil Service Act. "Sec. 11.3. Powers and duties. The commission: (a) Shall approve reasonable requirements for employment and for examination of applicants. Positions shall be publicized. Examinations shall be competitive, open, and free to all persons meeting the commission's requirements. Examinations shall be practical in character, shall be limited to matters that fairly test the relative ability of the applicant to discharge the duties of the position and shall include tests of mental and physical qualifications and health. Employment procedures shall be consistent with federal and State regulations and the affirmative action policy as adopted by the city council. The director of personnel shall be responsible for implementing and administering personnel policies and procedures approved by the commission. Any standards for police or fire employees that are established by the State of North Carolina shall be included in the requirements for employment. (b) Shall cause to be prepared and kept a register of persons passing the examinations. The established policy of the city will be followed in filling vacancies from the register. (c) Shall make an annual report to the city council, city manager, and to the chiefs of the police and fire departments for posting on departmental bulletin boards. The commission may prescribe the form and content of the report. (d) May secure necessary staff services and request assistance in the performance of its duties from the city manager. (e) The commission may use the facilities of the city for holding any of its activities. "Sec. 11.4. Appointment of chief of fire department and chief of police department. Appointments of the chief of the fire department and chief of the police department shall be made by the city council and in making appointments to chiefs of the fire and police departments, due consideration shall be given to persons already employees of the respective department. "Sec. 11.5. Probationary police and fire officers. Employees of the police and fire departments may be hired on a probationary basis for a period not to exceed 18 months. During this period the chief of the respective department may dismiss after notifying the city manager. At the end of the probationary period, an employee shall become certified, unless terminated prior thereto by action of the chief, with all rights and privileges contained in this Article. "Sec. 11.6. Disciplinary action. (a) Except as provided in Section 11.5 of this act, an employee of the Police or Fire Department of the City of Wilmington may be dismissed only for cause and with an opportunity to be heard in his or her own defense. Council retains the authority to demote or terminate positions because of a lack of work or conditions beyond the control of the city. And furthermore, nothing in this Article shall be so construed as to deprive city council of its control over the finances of the city. (b) The chief of the appropriate department may suspend, with or without pay, any employee of the police or fire department charged with violating any rule or regulation of the department, for a period not to exceed 30 calendar days. Within three working days after making any suspension, the chief shall file with the city manager a written statement setting forth the reasons for the suspension in detail. Within the same time, the chief shall give to the suspended officer a signed copy of the statement of the basis for the suspension. Within 10 working days after his suspension, the employee may file with the city manager a written request for a hearing. The city manager shall conduct the hearing within 30 calendar days thereafter. If the employee is suspended without pay and the city manager finds that the suspension was not justified, or if the charges are dismissed, the employee shall be fully reimbursed for any loss of pay. (c) With the approval of the city manager, the chief of the appropriate department may dismiss or demote any employee for violating any rule or regulation of the department of which the employee is a member. Within three working days after making any dismissal or demotion, the chief of the department shall file with the commission a written list of charges supporting the discharge or demotion. A copy of this statement shall be given to the city manager and the employee. Within 10 working days after dismissal or demotion, the employee may file a written request for a public hearing before the Civil Service Commission, and such request shall contain a written response to each of the enumerated charges which was filed in support of the discharge or demotion. The commission shall conduct a hearing within 60 calendar days after receipt of the request. If the commission determines that the employee has not violated a rule or regulation of the department, the commission shall reinstate with appropriate back pay. In the conduct of its investigations, the commission may subpoena witnesses, administer oaths and compel the production of evidence. The commission upon finding any employee guilty may sustain the action of the chief or take any other action that may be deemed appropriate. Any employee found guilty by the commission may appeal to a court of competent jurisdiction. The trial upon appeal shall be governed by the provisions of Article 4, Chapter 150A, of the General Statutes of North Carolina pertaining to Judicial Review of Decisions of Certain Administrative Agencies except that for purpose of G.S. 150A-45 the person seeking review must file a petition in the Superior Court of New Hanover County. A person who may wish to appeal to the superior court shall file with the secretary of the commission a bond in an amount set by the commission, with sufficient surety conditioned that the person shall pay the cost of such appeal in the event such cost shall be levied against the person, and shall pay to the secretary the necessary fee for entering such appeal in the superior court within 10 calendar days after entry of such order or decree appealed from, and upon appeal, the secretary of the Civil Service Commission shall forthwith transmit to the superior court a complete transcript of all papers and proceedings concerning the order or decree or action of the Civil Service commission appealed from, together with the appeal bond and fee. "Sec. 11.7. Enforcement of subpoenas. In the conduct of hearings or investigations, the members of the commission shall have the right and power to compel by subpoena both the attendance and testimony of witnesses or for the production of evidence that may be relevant to the case to be heard. The commission may apply to a court of competent jurisdiction for an order requiring that its order be obeyed. No testimony of any witness before the commission may be used against the witness on the trial of any criminal prosecution other than for false swearing committed on examination. All persons testifying before the commission shall be administered the appropriate oath by the city clerk. The city clerk or other designated court recorder shall be responsible for recording all proceedings. Any person, while under oath, at an investigation by the commission, willfully swearing falsely, shall be guilty of a misdemeanor. "Sec. 11.8. Personnel policies. Unless specifically excepted by this act, all other ordinances and policies affecting the employees of the City of Wilmington shall apply to employees under the Civil Service Act. AMENDMENT in 1981  http://www.ncga.state.nc.us/Sessionlaws/html/1981-1982/sl1981-342.html S.B. 346                  CHAPTER 342                  #1981 AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON REGARDING THE CIVIL SERVICE COMMISSION. Section 1.  Chapter 495, Session Laws of 1977, being the Charter of the City of Wilmington, is amended by making the following changes in Section 11.6(c):   (1)  In the fifth line of the first paragraph add the words "Secretary of the" after the words "file with the" and before the word "commission"; and   (2)  the second paragraph is rewritten to read:   "Within 10 working days after dismissal or demotion, the employee may appeal by first filing with the secretary of the commission a written request for a hearing before the Civil Service Commission.  Such request for hearing shall contain a written response to each of the enumerated charges which was filed in support of the discharge or demotion.  The commission shall conduct a hearing within 60 calendar days after receipt of the request. Hearings shall be administrative in nature. 'Working days' for purposes of this subsection shall mean 8:30 a.m. to 5:00 p.m., Monday through Friday except legal holidays."   Sec. 2.  This act is effective upon ratification. In the General Assembly read three times and ratified, this the 8th day of May, 1981. END of Civil Service Section