CIVIL SERVICE COMMISSION RULES OF PROCEDURE Adopted (Date)__warch 9, 2017 PREAMBLE, The City of Wilmington Civil Service Commission (hereinafter *Commission”) was established by the N.C. General Assembly and codified under Article XI of the Charter of the City of Wilmington (hereinafier “Article XI”). Article XI generally sets forth the jurisdiction, powers, and duties of the Commission and is attached hereto and incorporated herein by reference. The City Attorney is the legal advisor to the Commission and is responsible for retaining outside legal counsel, when necessary Any duly called meeting of the Commission may be adjourned or recessed to a later date and time upon concurring vote of a majority of a quorum of the Commission All meetings of the Commission are subject to the North Carolina Open Meetings Law: however, if the meeting involves a personnel matter, such meeting shall be closed unless opened by the Commission, upon the request of the petitioning employee In addition to and pursuant to the provisions contained in Article XI, the Commission hereby adopts the below listed Rules of Procedure which shall only be amended as set forth herein. Rule 1 PRESIDING OFFICER: ‘The Chairman of the Commission shall preside at all meetings of the Commission, and on the appearance of a quorum shall call the meeting to order, and the Commission shall thereupon business. In the absence of the Chairman, the Commission Members present nan pro tempore who shall then preside over the meeting. proceed with i shall select a ch: The presiding officer shall preserve order and decorum. He or she may speak and vote on all questions and shall decide all questions of order without debate. Rule 2 QUORUM he Commission shall consist of five (5) members. A quorum shall consist of at least three (3) members of the Commission.Rule 3 RECORDING SECRETARY The Clerk of the City of Wilmington shall be the permanent Recording Secretary of the Commission. The Commission Recording Secretary shall have those duties set forth in Ar XI of the Wilmington City Charter and additional administrative duties as established from to time by the Commission, Rule 4 EX OFFICIO MEMBER The Director of the City of Wilmington Department of Human Resources shall act as an ex officio member of the Commission. The Director of Human Resources shall have those duties set forth for the “director of personnel” in Article XI of the Wilmington City Charter; further, he or she shall attend all Commission meetings which involve a personne! matter and shall directly advise the Commission regarding all ordinanees, polices and administrative procedures affecting the employees of the City of Wilmington. Rule 5 APPEAL BOND, nn who appeals a Commission decision to the Superior Court of New Hanover County’ shall first file with the Commission Recording Secretary a bond/surety in an amount equal to the actual costs of producing the transcript of the matter appealed, Rule 6 APPEAL HEARING ORDER OF BUSINESS ‘When the Commission hears an appeal of a dismissal or demotion, itis sitting in its administrative quasi-judicial capacity; further, during such hearings neither the North Carolina Rules of Evidence nor the North Carolina Rules of Civil Procedure shall apply. Any petitioning employee may represent himself/herself in a proceeding before the Commission, ‘or may be represented by an attorney licensed in North Carolina. The parties of an appeal hearing appearing before the Commission shall be given a full and fair opportunity to present their ease to include the reasonable examination and cross-examination of witnesses and the reasonable review of items of eviclence. All persons testifying at an appeal hearing before the Commission shall give sworn testimony. Parties to an appeal hearing before the Commission shall have the right to an unbiased and non- partisan panel. Therefore, Commission Member's shall not vote at a hearing concerning the appeal of'a dismissal or demotion unless the Member has actually attended the hearing/s of that Page 2 of 4matter. Commission Members shall not discuss a pending appeal prior to a hearing on the ‘matter, nor shall a Member conduct an independent investigation of a pending appeal, nor exptess an opinion on the proper outcome of a pending appeal prior to the Commission's determination of that matter. Further, Commission Members shall not participate in a pending appeal if the Member has an impermissible conflict. The Commission may grant a continuance of an appeal of a dismissal or demotion upon a showing of good cause by either of the parties At least ten (10) working days prior to the scheduled hearing date, the parties thereto shall exchange with each other and submit to the Recording Secretary the following: All stipulated undisputed facts, a number sufficient to Copies of all documents each party may offer at the hearing, i distribute to Commission Members, and A list of the names and last known addresses of all witnesses each party intends to call at the hearing and all subpoenas to be executed by the Chairman. During the course of an appeals hearing, the Comn order of business: sion shall generally adhere to the following Each party shall be allotted five (5) mi to the Commission; utes to present an opening statement The City of Wilmington shall present its case in chief first. The pe employee shall present his/her case in chief after the City has rested its ease in chief; Reasonable examination, eross-examination of witnesses, examination of evidence and rebuttals shall be permitted; however the Chairman may limit repetitive and argumentative questioning and argument; and Fach party shall be allotted ten (10) minutes to present a closing statement to the Commission. ‘The Commission may receive all documents and testimony presented by the parties, and has the authority to determine what weight, if any, to be given to presented materials. However, the Commission's final determination shall be based on substantial, competent, and material evidence. he Commissions deliberations on all appeals involving dismissals and demotions shall be closed to the all persons except regular Commission Members and the Recording Secretary During such deliberations, the Commission may request legal guidance from its appointed legal advisor and policy guidance from the Commission’ Ex Officio Member. ‘The final decision of the Commission in an appeal hearing shall take the form of a written Order nd shall include the substantial, competent, and material facts relied upon in making its determination. Page 3 of 4Rule 7 PARLIAMENTARY PRACTICE The rules of parliamentary procedure comprised in Robert’s Rules of Order shall be parliamentary authority for the Commission except as otherwise provided for in these rules Rule 8 AMENDMENT OF RULES Amendments to these rules shall be submitted in writing at a regular meeting of the Commission ‘and shall be adopted only by an affirmative vote of at least three (3) regular Commission Members. Adopted by the Commission on ______ March 9 _+ 2017+ \ } J Sdkow RONALD LOVE, CHAIRMAN PENELOBE SHICER-SIDBURY?7 CITY CLERK & SECRETARY TO THE COMMISSION Page 4 of 4