IN GENERAL

Houston Code of Ordinances ch. 14, art. I

in effect

Houston Code of Ordinances § 14-1 Commission members; appointments, terms, vacancies; organization; officers.

Sec. 14-1. - Commission members; appointments, terms, vacancies; organization; officers. (a) There are hereby re-established three civil service commission positions. Such positions shall be separately designated as "Position One," "Position Two," and "Position Three." (1) The mayor, when making an appointment to the civil service commission, and the city council, when confirming such appointment, shall specify the position for which such appointment or confirmation is made. (2) The initial term of each position as hereby re-established shall commence on June 15, 1983. The initial term of Position One shall expire on June 14, 1986; the initial term of Position Two shall expire on June 14, 1985; and the initial term of Position Three shall expire on June 14, 1984. (3) Following the aforesaid initial terms, the term of office for each position on the civil service commission shall be three years, to commence on June 15 and to expire on June 14. (4) Any appointment to a vacancy on the commission caused by death, resignation or otherwise, or caused by the failure of an appointee to qualify within ten days after appointment, shall be for the unexpired term of the deceased or retiring member or of the appointee failing to qualify. (b) No sooner than June 15, and no later than June 30 of each year, the members of the commission shall meet to organize for the transaction of business. At such organizational meeting, the members shall take the constitutional oath of office and shall elect one member as chairman, and one member as vice-chairman. (1) It shall be the duty of the chairman to preside at all meetings of the commission; it shall be the duty of the vice-chairman to preside at such meetings in the absence of the chairman. (2) The chairman and vice-chairman each shall be elected for a period of one year or until a successor is elected. (3) The numerical positions established in subsection (a) of this section are for identification purposes only, and shall bear no relation whatsoever to the chairmanship or vice-chairmanship of the commission. (c) The mayor, subject to confirmation by city council, may appoint an alternate for each designated position on the civil service commission. Each alternate shall serve only when the regular member of the civil service commission in his position is absent and unable to attend meetings and perform commission duties for any reason. Alternates must have the same qualifications as regular members of the civil service commission and shall have all the powers and duties of a regular member but only when acting in the regular member's absence. An alternate shall be empowered to act as a regular member whenever the regular member notifies the secretary of the commission that the regular member is unable to attend a meeting of the commission or when the secretary of the commission is unable to secure the attendance of the regular member. The period of time during which an alternate may serve on the civil service commission shall expire at the end of the term of office of the regular member for which he serves as an alternate. An alternate shall not serve in any proceeding under Chapter 143 of the Local Government Code. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-1.1 Human resources department—Established.

Sec. 14-1.1. - Human resources department—Established. The human resources department, formerly known as the department of personnel and originally established as and formerly known as the department of civil service, is hereby continued. To the extent that this Code or any other ordinance or any motion, resolution, contract or other document devolves duties upon the former department of personnel or department of civil service or upon the employees or director thereof, then such references shall be construed to mean the human resources department or the employees or director thereof, respectively. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-2 Same—Director.

Sec. 14-2. - Same—Director. (a) The office of human resources director, formerly known as the director of the department of personnel and originally established as and formerly known as the director of civil service, is hereby continued. the director shall be appointed by the mayor, with the approval of the city council, shall be over 21 years of age, and shall receive such salary as the city council may allow. before entering upon the discharge of the duties of his office, the director shall take the constitutional oath of office. (b) It shall be the responsibility of the director to keep the minutes of the meetings and proceedings and all the books, records, etc., of the civil service commission. Such director shall be the secretary and the chief examiner for such commission, and as such shall perform the duties provided in the rules and regulations of such commission. He shall perform all such other duties as are now or may be hereafter imposed upon him by the civil service commission or the mayor and council. (c) It shall be the responsibility of the director to supervise and administer the city's employee benefit programs, including but not limited to the city's pension programs (excluding those duties required by state law to be performed by the city treasurer), health benefits, long term disability, life insurance, sick leave, vacation leave, and deferred compensation, and to serve as the administrator of the city's "125 Plan." (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-3 Duty of commission to prepare and submit rules and regulations.

Sec. 14-3. - Duty of commission to prepare and submit rules and regulations. It shall be the duty of the civil service commission to prepare, adopt and submit, as needed, to the city council for its approval such rules and regulations for the proper conduct of its business in carrying out the purpose of the Charter, and thereafter such amendments, alterations and changes of such rules and regulations as it may find necessary and expedient. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-4 Classification of offices and positions.

Sec. 14-4. - Classification of offices and positions. It shall be the duty of the civil service commission to classify all of the offices of, and places or positions of employment in the service of the city with reference to the examinations provided for in the Charter, in this chapter and in the rules and regulations of the civil service commission, except those exempt from civil service under the Charter. The offices, places and positions so classified shall constitute the classified civil service of the city, and no appointment, employment, promotion, reappointment or reinstatement to any position, office or place shall be made except in accordance with the Charter, this chapter and the rules and regulations of the civil service commission. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-5 Examination and minimum age of applicants; exclusion of applicants likely to impair service.

Sec. 14-5. - Examination and minimum age of applicants; exclusion of applicants likely to impair service. (a) It shall be the duty of the civil service commission to provide that all applicants for offices, places or positions in such classified civil service shall be subject to examination, either written or oral, which shall be open, competitive and free to those authorized to work in the United States of America provided, however, that the minimum age of applicants for original employment in such classified civil service shall be 18 years. Such examinations shall be practical in their nature and character and shall relate to those matters which will fairly test the relative capacity of the person examined to discharge the duties of the office, position or place to which he seeks to be appointed. No question in any examination shall relate to political or religious opinions or affiliations. The commission shall have direct charge and control of all examinations of whatsoever character. (b) No applicant shall be entitled to take any examination hereinabove provided for unless the applicant shall have filed with the human resources director his application prior to the date of examination. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-6 Appointments, promotions, etc., to be made in accordance with Charter, chapter and rules and regulations of commission.

Sec. 14-6. - Appointments, promotions, etc., to be made in accordance with Charter, chapter and rules and regulations of commission. Appointments, employments, promotions, reappointments and reinstatements in the classified civil service of the city shall be made only in accordance with the provisions of the Charter, this chapter and the rules and regulations of the civil service commission, and no officer or employee of the city having the power of appointment, employment, promotion, reappointment or reinstatement of persons to offices, places or positions in such classified civil service shall appoint, employ, promote, reappoint or reinstate any person to or in any office, employment, position or place in such service except in accordance with the Charter, this chapter and the rules and regulations of the civil service commission. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-7 Procedure when vacancy exists; suspension of employees.

Sec. 14-7. - Procedure when vacancy exists; suspension of employees. When any office, employment, place or position in the classified service is vacant, which is desired to be filled, following the conclusion of an open, competitive and free examination, the director shall certify to the commission a list of eligibles for appointment to the office, employment, place or position in the classified service and the department director concerned shall select an individual from a list of eligibles for appointment to the office, employment, place or position in the classified service. Such appointment shall be on probation as provided by the Charter and rules and regulations of the commission, and such appointees shall not be removed or dismissed except as provided therein; provided, that nothing herein shall prevent the director of any department or office from temporarily suspending officers or employees for disciplinary purposes for reasonable periods not exceeding 15 work days. It shall be the duty of the mayor to indefinitely suspend employees upon the recommendation of the respective department director. The commission shall be notified of any such suspension immediately and may, at its discretion or upon request of the mayor, investigate same and determine whether just cause therefor exists. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-8 Transfers from one department to another.

Sec. 14-8. - Transfers from one department to another. The civil service commission shall have the power to so amend its rules that any employee in the classified service in the city may be transferred by such commission from one department to another for the good of the service, provided such transfer is satisfactory to the director of the department to which the employee is transferred and to the director of the department from which he is transferred. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-9 Duty of city officers and employees to assist commission.

Sec. 14-9. - Duty of city officers and employees to assist commission. It shall be the duty of all officers and employees of the city to aid and assist the civil service commission, and the members and officers and employees thereof, in all proper ways in carrying out the Charter provisions, this chapter and the rules and regulations of the commission, and it shall be an offense for any such officer or employee to willfully fail or refuse so to aid and assist, or to willfully hinder, obstruct or delay the civil service commission, or the members, officers or employees thereof, in any manner in carrying out such Charter provisions, this chapter and such rules and regulations. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-10 Suspension of provisions requiring competition.

Sec. 14-10. - Suspension of provisions requiring competition. When an office, employment, place or position in the classified service, in which peculiar and exceptional qualifications of a scientific, professional or educational character are required, is vacant, upon satisfactory evidence that, for special reasons, competition in such special case is impracticable, and that the position, etc., can be best filled by the selection of some designated person of high and recognized attainments in such qualities, the commission may suspend all provisions requiring competition in such case, but no such suspension shall be general in its application to such place. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-11 Offenses in regard to examinations.

Sec. 14-11. - Offenses in regard to examinations. No person or officer or employee shall willfully or corruptly, by himself or in cooperation with one or more other persons, defeat, deceive or obstruct any person in respect to his right of examination, or corruptly or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, or aid in so doing, or willfully or corruptly make any false representation concerning the same or concerning the person examined, or willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, being appointed, employed, promoted, reappointed or reinstated. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-12 Hearings and investigations by commission.

Sec. 14-12. - Hearings and investigations by commission. The civil service commission may hold hearings concerning all matters touching the enforcement and effect of the Charter provisions for civil service, this chapter and the rules and regulations of such commission concerning the action of any officer or employee of the city in respect to the execution of such Charter provision, this chapter or the rules and regulations of the commission; and in all cases of investigation under the preceding provision, or of an appeal of an officer or employee in the classified service from the action of any officer, department director or employee of the city removing, discharging or suspending him from his office or employment, the commission, for the purpose of holding such hearing, investigation or inquiry, shall have the power to take testimony, administer oaths and affirmations, subpoena and require the attendance of witnesses and the production of books and papers pertinent thereto, and to examine such witnesses, books and papers, and it shall be the duty of all persons to obey such subpoenas, produce such books, records and papers, and to submit to examination and give their testimony, in all cases where such testimony, evidence, etc., could be required in a court of competent jurisdiction. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-13 Compiling, checking, certifying and correcting payrolls.

Sec. 14-13. - Compiling, checking, certifying and correcting payrolls. (a) It shall be the duty of every department director to complete all payrolls as promptly as possible, and to deliver same to the administration and regulatory affairs department in good order, properly signed and ready for the city controller. It shall be the duty of each supervising authority to review and approve time cards, electronically, of direct reports prior to the pay period close. (b) It shall be the duty of the director to maintain the active payroll status of all employees. (c) Payrolls checked under this section shall comply with personnel actions certified by the director. (d) After payrolls have been checked and certified by the administration and regulatory affairs department, they shall be delivered immediately to the city controller. (e) It shall be the duty of the administration and regulatory affairs department director to notify the department director if any irregularity, mistake or error is found in the names or in the amount of compensation on any payroll and to refuse to certify to the correctness of such payroll until the mistake or error is rectified. All department directors, when notified of such irregularity or error, shall at once correct the error. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-14 Salaries and wages not to be approved or paid for improper employment.

Sec. 14-14. - Salaries and wages not to be approved or paid for improper employment. (a) The city controller shall not approve the payment of, or be in any manner concerned in paying, any salary or wages to any person for services as an officer or employee of the city unless such person is occupying an office or place of employment according to the provisions of the Charter and ordinances of the city and is entitled to payment therefor. (b) No officer or agent of the city shall willfully pay, or be in any manner concerned in paying, any person any salary or wages for services as an officer or employee of the city, unless such person is occupying an office or place of employment according to the provisions of the Charter and ordinances of the city and is entitled to payment therefor. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-15 Responsibility for irregularities or mistakes in payrolls.

Sec. 14-15. - Responsibility for irregularities or mistakes in payrolls. It is the object of this article to hold responsible the directors of departments furnishing the payrolls for all irregularities, mistakes and incorrectness. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-16 Violation of Charter, this chapter or rules and regulations.

Sec. 14-16. - Violation of Charter, this chapter or rules and regulations. (a) Whenever any person or any officer or employee of the city has any positive duty imposed upon him, or any person or any officer or employee of the city is prohibited from the doing of any act by the Charter provisions for civil service, by this chapter or by the rules and regulations of the civil service commission, now or hereafter adopted and approved by the city council and filed in the office of the city secretary, a willful failure, refusal or neglect to perform such duty, or the willful doing of any act prohibited, shall constitute an offense, and the officer or employee or person convicted thereof shall be punished as provided by section 1-6 of this Code. (b) If any person or any officer or employee of the city shall be convicted under subsection (a) above, any office, place or position which he may hold with the city shall, by force of such conviction, be rendered vacant, and such person, officer or employee shall be incapable of holding any appointive office, or any office, place or position in the classified service of the city. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-17 Soliciting compensation or offering compensation to hasten an employee's retirement or resignation.

Sec. 14-17. - Soliciting compensation or offering compensation to hasten an employee's retirement or resignation. (a) A city employee commits an offense if the city employee pays or offers to pay anything of value to another city employee with the intent to hasten the retirement or resignation of the other city employee in order to gain a promotion in rank, classification or salary or an opportunity therefor. (b) A city employee commits an offense if the city employee solicits or accepts anything of value from another city employee upon the representation that such payment will hasten the retirement or resignation of the city employee making the solicitation or accepting the payment in order to gain a promotion in rank, classification or salary for the city employee solicited or making the payment or an opportunity therefor. (c) The term city employee as used in this section includes any person employed by the city at the time of the offense whether holding a position that is classified under the Municipal Civil Service System created pursuant to Article Va of the City Charter, a position that is classified under the Firemen's and Policemen's Civil Service System created pursuant to Chapter 143 of the Texas Local Government Code or a position that is not classified. (d) Any person who violates this section shall, upon conviction, be punished by a fine of exactly $500.00. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Houston Code of Ordinances § 14-18 Creation of § 401(a) Plan authorized.

Sec. 14-18. - Creation of § 401(a) Plan authorized. (a) This section applies to any employee of the city, other than a police officer or fire fighter classified under Chapter 143 of the Texas Local Government Code, who upon termination of city employment is entitled to a combined gross benefit amount exceeding $5,000.00 under section 14-170 or article III of this chapter for accumulated but unused vacation leave and sick leave benefits. This section shall not be applicable if the termination results from the death of an active city employee. (b) City council hereby authorizes the establishment of a retirement savings plan under 26 U.S.C. § 401(a) and other applicable provisions of federal income tax laws and regulations. The plan shall be as established and amended from time to time by ordinance of the city, and it shall be administered by a third party administrator retained from time to time by contract with the city, as authorized by ordinance. (c) Notwithstanding any provision of section 14-170 or article III of this chapter to the contrary, any terminating employee to whom this section applies shall forfeit his right to ordinary cash compensation for a portion of the combined gross termination benefit amount otherwise payable under section 14-170 and/or article III of this chapter that is equal to the lesser of: (1) the combined gross termination benefit amount, or (2) the amount of any applicable contribution limit for the plan as established by federal income tax laws and regulations. The amount so forfeited shall be allocated to an account in the name of the employee within the plan established under subsection (b) of this section. (Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH14CISE_ARTIINGEFetched: 10/26/2026