|Legal Opinion: |
Text of Document: January 4, 2002
Re: Civil Service Board Authority
Police Consultant Rex Barton has consulted with me concerning the authority and operation of the Civil Service Board with regard to police officer salary and compensation. It is my understanding that the Mayor and Board of Aldermen have been setting police officer salaries and compensation.
The City Charter contains the following language describing the duties of the civil service board in Section 12A:
(a) To make suitable rules and regulations...Such rules and regulations shall
provide in detail the manner in which...promotions, transfers, demotions,
reinstatements, suspensions and discharges shall be made, and may also provide
for any other matters connected with the general subject of personnel
administration; such rules and regulations shall include the methods used in
determining the standard for each job classification in the classified service.
*****(e) To hear and determine appeals or complaints relative to the allocation of
positions, the determination of job changes, the furnishing of rosters and the
position of members of the classified service, and of applicants on such
(f) To prepare a standard schedule of pay and of hours based generally upon
presently applicable salary rates and hours worked for each class of positions
in the classified service. Such pay plan shall include a minimum and maximum
and such intermediate rates as may be deemed desirable for each class of
(g) To see that the job classifications, the standard for filling said classifications
and the roster of eligible appointees for each classification are kept continuously
up to date, and posted in the respective departments of the classified service.
Based on this language, the Civil Service Board is the body with authority to set the wages and compensation applicable to each position in the police department. Rosters of eligible applicants for promotion to each position must be created and updated by the board. Rules and regulations governing promotions or transfers of officers likewise are to be set by the board.
Based on this Charter provision, it appears that the Mayor and Board of Alderman must follow the wage scales, rosters and regulations established by the Civil Service Commission when making any decisions concerning an officer’s pay and position. The Mayor and Board of Aldermen do not have the authority under the City’s Charter to act independently of the Board on those matters.
I hope this information is helpful. Please contact me if you need anything further.
Melissa A. Ashburn
cc: Mr. Rex Barton
MTAS Police Consultant