§ 42-53. Merit system council.

(a)

Created. There is hereby created a merit system council, composed of three members elected by the commission to administer the terms of this division.

(b)

Alternate member. The county commission shall have the authority to appoint an alternate member to the merit system council. The commission shall appoint such member at the next regularly scheduled meeting of the commission upon taking nominations for such alternate position and voting thereon. Such alternate shall serve for a period of one year. The alternate may be designated by the chairman of the council to sit in place of any regular member who, by reason of absence, will not participate in the consideration of any matter before the council.

(c)

Terms. The terms of the members of the merit system council shall be three years; provided, however, that no member of the council shall serve more than two consecutive terms.

(d)

Qualifications. All members of the merit system council must be over 21 years of age; of good moral character; a citizen of the United States and the state; and must reside in the county. No person shall be eligible to serve as a member of the council if he has previously been employed by the department within the five calendar years preceding his appointment by the commission, or if any member of such person's immediate family is or becomes employed by the county sheriff's department at any time during such person's term of service as a member of the council. For purposes of this section, "immediate family" shall include spouse, parent, siblings, or children.

(e)

Compensation. The members of the merit system council shall receive such salary, if any, as determined by the commission in its sound discretion.

(f)

Officers. The merit system council shall elect one of its members as chairman. The commission shall provide for the designation of a personnel officer who shall be the keeper of the personnel records and shall serve as secretary of the merit system council. If the personnel officer is to be drawn from among the employees of the sheriff, the designation of the personnel officer shall be made by the sheriff.

(g)

Powers. The merit system council as a body shall have the power to:

(1)

Adopt and amend rules and regulations for the administration of this division.

(2)

Make investigations concerning the enforcement and effect of this division and to require observance of the rules and regulations made thereunder.

(3)

Hear and determine appeals and complaints respecting the administration of this division.

(4)

Establish and maintain a roster of all employees of the classified service and the office of the sheriff showing their positions, rank, compensation and places of residence.

(5)

Ascertain and record the duties and responsibilities pertaining to all positions in the classified service, and to classify such positions in the manner provided in this division.

(6)

Except as otherwise provided in this division, formulate and hold competitive tests to determine the qualifications of persons who seek employment in any position, and as a result of such tests, establish employment lists of eligible persons for the various positions.

(7)

Establish records of the performance and a system of service ratings to be used to determine promotions, the order of layoffs and reduction of force; to determine the order of reemployment; to assist in the determination of dismissal for cause, and for other purposes.

(8)

Keep any other such records as may be necessary for the proper administration of this division.

(9)

Provide for part-time and temporary positions and appointments and establish rules defining and governing use of these positions, except that no temporary appointment shall be for more than three months except by special action of the council.

(10)

Establish rules and regulations governing mandatory retirement from the classified service and providing for further provisional employment of such persons at the discretion of the sheriff on a year-to-year basis where such employees prove to be physically and otherwise able to perform required services and where a need for such services is demonstrated.

(11)

Set the date when the portions of this division pertaining to the establishment of the classified service shall take effect, except that the date set shall not be prior to January 5, 1971.

(12)

Adopt and amend rules and regulations providing for a means of hearing grievances by members of the classified service.

(Ord. No. O-90-9-111, §§ 3—8, 9-10-90; Ord. No. O-91-8-114, § 1, 11-25-91; Ord. No. O-95-4-101, § 1, 4-24-95; Ord. No. O-19-1-101, § 1, 2-25-19 )