CIVIL SERVICE

Memphis Code of Ordinances tit. 3, ch. 3-8

in effect

Memphis Code of Ordinances § 3-8-1 Division of personnel established—Director.

Sec. 3-8-1. - Division of personnel established—Director. There shall be a division of personnel with a director to be appointed thereto in the same manner as other directors. (Code 1985, § 9-16)

Memphis Code of Ordinances § 3-8-2 Classification of officers and positions.

Sec. 3-8-2. - Classification of officers and positions. The director of personnel shall classify all offices and positions in the city service according to the duties and responsibilities of each position, provided, however, that the following officers and employees shall be exempted from the provisions of sections 3-8-2 through 3-8-6. A. Officers and judges who are elected by popular vote and their successors; B. Members of and employees of the board of education; C. Members of the board and employees of the Memphis light, gas and water division; D. Division directors who are either now or may be hereafter appointed by the mayor and council; E. All employees of the legal department; F. Members of the various boards and commissions now existing or hereafter created; G. All staff employees of the offices of the mayor and chief administrative officer; H. One executive secretary for each board, commission, division director, and for the administrative judge of the city court; I. All officers and employees of the city and county public library; J. All employees of the city council office; K. All temporary employees; L. Such other officers of employees whose positions, in the judgment of the mayor, with the concurrence of the city council, cannot be subject to the rules herein provided, and who shall not be affected by such rules and regulations. The provisions of this subsection shall not allow removal of civil service protection from any employee whose position at that time is covered by sections 3-8-2 through 3-8-6; however, an employee may lose civil service protection by accepting a different position which has been exempted from civil service. (Code 1985, § 9-1; Ord. No. 3881, § 1, 7-18-1989)

Memphis Code of Ordinances § 3-8-3 Personnel records.

Sec. 3-8-3. - Personnel records. The director of personnel shall provide and maintain a complete official roster of employees showing, for each employee, his or her name, address, class title, rate of pay, and such other information he or she may deem advisable. Each division shall report, on forms prescribed by the director of personnel, each appointment in the city service and each promotion, reduction, suspension, transfer, separation, reinstatement or other change in employment of each employee. No salary or wage of any person in the city service shall be approved for payment, or paid, unless the same is included in a payroll schedule containing the name of such person to be paid, the amount to be paid such person, and a statement of services on account of which payment is to be made, duly certified by the director of personnel or some person properly acting for him or her. (Code 1985, § 9-2)

Memphis Code of Ordinances § 3-8-4 Examinations for applicants for employment.

Sec. 3-8-4. - Examinations for applicants for employment. A. All applicants for employment in positions protected by sections 3-8-2 through 3-8-6 shall be subjected to competitive job-related examinations under such rules and regulations as may be adopted by the director of personnel. B. The examinations to be provided for shall be of a practical nature and relate to such matters as will fairly test the relative competency of the applicant to discharge the duties of the particular position. No question in any examination shall relate to political or religious opinions or affiliations. The examination shall be conducted and controlled by the director of personnel. (Code 1985, § 9-3)

Memphis Code of Ordinances § 3-8-5 Miscellaneous offenses in connection with civil service.

Sec. 3-8-5. - Miscellaneous offenses in connection with civil service. No person shall willfully or corruptly, by himself or herself or in cooperation with any other person: A. Defeat, deceive or obstruct any person in respect to his or her rights in relation to any examination or appointment in the classified service; B. Willfully and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined or certified pursuant to the civil service law, ordinances, or rules pertaining to the classified service, or the service ratings of any employee, or aid in so doing, or willfully make any false representation concerning the same, or concerning any person examined; C. Furnish any person any special or secret information for the purpose of either improving or injuring the prospects or chances of such person in connection with any examination or appointment; D. Impersonate any other person or permit or aid in any manner any other person to impersonate him or her in connection with any examination, appointment, or application or request for examination. (Code 1985, § 9-4)

Memphis Code of Ordinances § 3-8-6 No discrimination in city employment.

Sec. 3-8-6. - No discrimination in city employment. There shall be no discrimination in city employment of personnel because of religion, race, sex, creed, political affiliation, national origin, ethnicity, age, disability, sexual orientation, gender identity or other non-merit factors, nor shall there be any discrimination in the promotion or demotion of city employees because of religion, race, sex, creed, political affiliation, national origin, ethnicity, age, disability, sexual orientation, gender identity or other non-merit factors. Gender identity means the actual or perceived gender-related identity, appearance, or mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. (Code 1985, § 9-5; Ord. No. 5470, § 1, 9-18-2012)

Memphis Code of Ordinances § 3-8-7 Disciplinary actions.

Sec. 3-8-7. - Disciplinary actions. The city shall have the right to discipline any employee for misconduct, incompetency, inefficiency, insubordination, failure to perform duties, falsifying an oath, failure to observe the personnel rules or the rules of the individual department, or a related serious offense. The city may terminate, suspend or demote an employee for just cause, and the employee shall be given a written notice of the reasons for the action. Terminations, suspensions and demotions shall be appealable to the civil service commission as provided for in this chapter. Just cause shall exist when the employer had a reasonable basis for the action taken. Enumeration of the above-stated disciplinary actions, which are reviewable by the commission, shall not be construed as a limitation on powers of the city to impose other less stringent disciplinary measures which shall not be appealable to the commission. Services of any employee may be terminated when the necessity for his or her job or position no longer exists or when funding is no longer available, and such action shall not be reviewable by the commission. (Code 1985, § 9-41)

Memphis Code of Ordinances § 3-8-8 Rights generally.

Sec. 3-8-8. - Rights generally. Any employee holding a position not exempted from the provisions of sections 3-8-7 through 3-8-10 and not in his or her initial probationary period, who has been suspended in excess of ten days, terminated, or demoted, may appeal to the commission within ten calendar days after notification in writing of such action. Such appeal to the commission shall be in writing. In the event of multiple suspensions, only that suspension which causes the total number of days suspended to exceed five days within a six-month period and any subsequent suspension within such period shall be appealable to the commission. If an employee has previously elected a remedy other than as provided by federal law, he or she shall be barred from appealing to the civil service commission, except that informal appeals within the particular division or within the administration shall not bar an appeal to the commission. In no event shall the ten day time period for appealing to the commission be waived. (Code 1985, § 9-42)

Memphis Code of Ordinances § 3-8-9 Hearings—Generally.

Sec. 3-8-9. - Hearings—Generally. Upon an employee's appeal from his or her termination, demotion or suspension, a hearing shall be held before the hearing board of the commission within a reasonable time thereafter, not to exceed 60 days from filing of the appeal unless the time shall be extended by consent of all parties. Notice of the time and place of the hearing shall be sent to the city and the appealing employee. Any employee who has been indicted by a federal or state grand jury or against whom a presentment or information has been filed shall be granted, upon his or her request and at his or her election, a postponement of hearing before the civil service commission until such indictment, presentment or information has been finally disposed of by a court of competent jurisdiction. The hearing board shall consist of the chairperson and two commissioners, and a majority vote shall be required to reverse or sustain the disciplinary action of the city. At such hearing both the appealing employee and the official whose actions are being reviewed shall have the right to be heard and to present evidence and to be represented by themselves or by legal counsel of their choosing. The burden of proof required to sustain the action of the city shall by a preponderance of the evidence. If, after a presentation of the proof, the commission finds that there exists a reasonable basis for the disciplinary action taken, the action of the city shall be sustained. The decision of the commission shall be stated in writing and shall include the commission's findings of fact and inclusions therefrom. In the event the decision is not unanimous, the commission shall indicate how each member voted. The written decision and the commission's findings of fact and inclusions shall be sent by the commission to the division director involved, the director of personnel, the employee, and attorneys for each side. The decision of the commission shall be appealable by either the city or the employee by common law writ of certiorari, as provided by state law. (Code 1985, § 9-43)

Memphis Code of Ordinances § 3-8-10 Hearings—Conduct.

Sec. 3-8-10. - Hearings—Conduct. A. During the hearing any witness to be called by either the employee or the city shall be excluded from the hearing room unless actually testifying, except that the appealing employee and a designated representative of the city may be present in the hearing room even if they are expected to testify. B. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but the hearing shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of common law or statutory rules which might make improper the admission of such evidence in civil actions. Either party may impeach any witness regardless of which party called the witness. No still or moving photography shall be allowed in the hearing room during the hearing. The hearing shall be recorded by court reporter or some other form of stenographic transcription or recording. C. Prior to or during the hearing the commission may grant a continuance to either party for any reason it believes to be important to its reaching a fair and proper decision. Continuances shall be requested at the earliest time that the necessity therefor appears to either party or to their counsel. (Code 1985, § 9-44)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT3PE_CH3-8CISEFetched: 10/28/2026