A BILL TO BE ENTITLED
AN ACT amending the charter of the city of wilmington as it relates to the city's civil service commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Article XI of the Charter of the City of Wilmington, being Chapter 495 of the 1977 Session Laws, as amended by Chapter 342 of the 1981 Session Laws and S.L. 2010‑73, reads as rewritten:
"ARTICLE XI.
"Civil Service.
"Sec. 11.1. Civil Service Commission established. 
(a)	Establishment, Qualifications, and Restrictions. There is created a Civil Service Commission consisting of five regular members and one nonvoting ex officio member. Each regular member must be a citizen and a resident of the City of Wilmington. No regular 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. Applicants to the Civil Service Commission shall complete the City of Wilmington Boards and Commissions application process.
(b)	Appointment, Term, and Removal of Regular Members. The employees of the City of Wilmington Fire Department who are subject to this Article, by a majority vote, shall name one regular member. The employees of the City of Wilmington Police Department who are subject to this Article, by a majority vote, shall name one regular member. The City Council of the City of Wilmington, by a majority vote, shall name one regular member. The New Hanover County Medical Society governing board, by a majority vote, shall name one regular member. The sitting members of the Civil Service Commission, by a majority vote, shall select one member as a regular member of the Commission. The regular 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.
(c)	Vacancy. A vacancy on the Commission may be caused by the death, resignation, disqualification, or removal of a regular member. Such vacancy shall be filled by the appointing authority authorized to name the member causing the vacancy. If the appointing agency fails to fill the vacancy within 60 days after notification, the senior resident superior court judge of the judicial district that includes New Hanover County shall be notified and shall immediately fill the vacancy. Regular members appointed to fill a vacancy shall serve for the remainder of the unexpired term.
(d)	Compensation, Officers, and Quorum. 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 regular members of the Commission shall elect a chairman and may elect other officers. A majority of the regular members of the Commission constitutes a quorum. There shall be a minimum of four regular members present to consider the appeal of a dismissal or demotion under this Article. A quorum will be required to consider nondisciplinary matters.
(e)	Secretary. The city clerk shall act as permanent recording secretary to the Civil Service Commission. The recording secretary shall maintain the minutes of Commission meetings and hearings, shall be custodian of all papers and records pertaining to the business of the Commission, shall notify Commission members of meetings, shall administer required oaths, shall be responsible for transmitting to the Superior Court of New Hanover County a complete transcript of all proceedings and papers concerning any Commission order appealed to the court, and shall perform other duties as the Commission may require.
(f)	Ex Officio Member. The director of human resources shall act as a nonvoting ex officio member of the Commission and shall advise the Commission on all city and departmental policies, rules, regulations, and procedures. The Commission shall, within a reasonable time, supply the director of human resources with notification of any actions, reports, or recommendations made by the Commission. The human resources department shall notify affected police and fire department members of actions, reports, and recommendations made by the Commission.
"Sec. 11.2. Application of Article.  
(a)	General Application. The provisions of this Article shall only apply to civil service certified employees of the City of Wilmington police and fire departments as defined in this section.
(b)	Police Department. An employee of the police department shall be civil service certified only if that employee (i) is a full‑time regular employee of the City of Wilmington; (ii) has successfully completed the probationary period of employment as set forth in Section 11.5 of this Article; (iii) has received certification as a criminal justice officer by the State of North Carolina; and (iv) continues to maintain such State certification while employed by the police department as a criminal justice officer. Other than Section 11.4 of this act, the provisions of this Article shall not apply to the chief of police. The provisions of this Article shall not apply to any deputy chief or auxiliary police officer appointed to such position after the date of the enactment of this Article.
(c)	Fire Department. An employee of the fire department shall be civil service certified only if that employee (i) is a full‑time regular employee of the City of Wilmington; (ii) has successfully completed the probationary period of employment as set forth in Section 11.5 of this Article; (iii) has received certification as either a firefighter or fire inspector by the State of North Carolina; and (iv) continues to maintain such State certification while employed by the fire department in a primary function of protecting life and property through firefighting, including those fire officer positions assigned to supporting services of the fire service. Other than Section 11.4 of this act, the provisions of this Article shall not apply to the fire chief. The provisions of this Article shall not apply to any deputy fire chief appointed to such position after the date of the enactment of this Article.
"Sec. 11.3. Powers and duties. The Commission:
(1)	Shall approve reasonable requirements for employment and for examination of applicants. 
(2)	 Shall only hear and decide appeals of dismissals or demotions filed by civil service certified employees of the police or fire department.
(3)	Shall subpoena on behalf of the Commission, or any party to a hearing before the Commission, witnesses and compel the production of records, books, papers, documents, or tangible things. If a person fails or refuses to obey a subpoena issued pursuant to this subdivision, the Commission may apply to the Superior Court of New Hanover County for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to the proper parties.
(4)	Shall comply with the provisions of G.S. 160A‑168 during the conduct of an appeal hearing before the Commission.
(5)	Shall make an annual report to the city council and city manager. The Commission may prescribe the form and content of the report.
(6)	May secure necessary staff services and request assistance in the performance of its duties from the city manager.
(7)	The Commission may use the facilities of the city for holding any of its activities.
(8)	May determine its own rules of procedure. The North Carolina Rules of Evidence and the North Carolina Rules of Civil Procedure shall not apply to any hearing before the Commission.
"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. Dismissal, demotion, and appeal.
(a)	General. A civil service certified employee of the police or fire department of the City of Wilmington may be dismissed or demoted only for cause and with an opportunity to be heard in his or her own defense. Notwithstanding any provision of this Article, the city council shall retain the authority to demote or terminate positions because of a lack of work or conditions beyond the control of the city and nothing in this Article shall be so construed as to deprive the city council of its control over the finances of the city. Further, notwithstanding any provision in this Article, the city manager shall retain all powers and authority granted to him by law and by the Charter of the City of Wilmington.
(b)	Dismissal and Demotion. The chief of the appropriate department may, with the prior approval of the city manager, dismiss or demote any civil service certified employee of the police or fire department for violating any rule, regulation, policy, or procedure of the city or of the department of which the employee is a member. Within five working days after making any such dismissal or demotion, the chief of the department shall file with the secretary of 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.
(c)	Appeal of Dismissal or Demotion. No more than 10 working days after the effective date of his or her dismissal or demotion, the employee may appeal such dismissal or demotion to the Civil Service Commission by filing a written notice of appeal and request for a hearing with the secretary of the Commission. The notice of appeal and request for a 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 a reasonable time after receipt of the request. Hearings shall be administrative in nature and shall be conducted in closed session unless an open session is requested by the employee. For purposes of this subsection, the term "working days" means 8:00 A.M. to 5:00 P.M., Monday through Friday, except legal or city holidays.
(d)	Appeal Powers of the Commission. If, at the completion of its hearing, the Commission shall find that:
(1)	The employee has not committed the offense or offenses with which he or she has been charged, the Commission shall reinstate the employee and direct the city manager to reimburse any lost pay and benefits to the employee.
(2)	The employee has committed the offense or offenses with which he or she has been charged, the Commission shall sustain the action taken or may impose such other punishment as it deems just and proper.
(e)	Appeal from Action of the Commission. Every decision of the Commission shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari. Any party to a hearing before the Commission may appeal any order of the Commission to the Superior Court of New Hanover County by giving notice of appeal, in writing, to the clerk of superior court not later than 10 days after the entry of the order. Assignments of error must be filed with the court and served upon the Commission and other parties no later than 30 days after entry of the order. The appeal to superior court shall be heard upon the record of proceedings at the hearing before the Commission.
"Sec. 11.7.Testimony before the Commission.  
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. Other city policies. Unless specifically excepted by this Article, all other ordinances, rules, regulations, policies, and procedures affecting the employees of the City of Wilmington shall apply to civil service certified employees."
SECTION 2.  This act is effective when it becomes law.