§ 9.1.1. Career Service personnel system.

A.

There shall be and is hereby created a Career Service personnel system, which shall be directed by a Career Service Board of five (5) members appointed by the Mayor and confirmed by the City Council for staggered terms fixed by ordinance. The Board shall, pursuant to its own rulemaking procedures, adopt, administer and enforce rules necessary to foster and maintain a merit-based personnel system according to the principles set forth in this Part 1, including but not limited to rules concerning the conduct of competitive examinations of competence, probationary periods, grievance procedures, and appeals from actions of appointing authorities to the Board and any hearing officers appointed by the Board. The Board and any hearing officers appointed by the Board shall have the power to issue subpoenas. The Board shall perform such other duties in relation to the Career Service personnel system as may be assigned by ordinance consistent with this Charter.

B.

All appointments and promotions of employees in the Career Service shall be made solely on the basis of merit and ability. Dismissals, suspensions or disciplinary demotions of non-probationary employees in the Career Service shall be made only for cause, including the good of the service. The Career Service personnel system shall provide for equal employment opportunity without regard to race, color, creed, national origin, gender, sexual orientation, age, disability, or political affiliation or any other status protected by federal, state or local laws.

C.

The City Council shall by ordinance enact a classification and pay plan and attendant pay rates for all classifications in the Career Service and all classifications not in the Career Service except elected and appointed Charter officers, the ranks of the classified service in the Police and Fire Departments, Deputy Sheriffs, Deputy Sheriff Majors, Deputy Sheriff Division Chiefs, and the Sheriff, based upon the duties of the several classifications. The pay rates as reflected in the pay plan shall provide like pay for like work within such classifications. The Council shall also by ordinance enact benefits for employees in such classifications. The Council shall enact such ordinances after recommendations are made as provided in subsection (D) of this section. Nothing in this section shall be deemed to prohibit the payment of incentives for outstanding performance by employees within such classifications according to standards and procedures established by ordinance.

D.

In order to attract and retain a qualified and competent work force, the policy of the City and County of Denver shall be to provide generally prevailing compensation to employees in the Career Service personnel system. The City Council shall by ordinance require either the Career Service Board or such other entity as may be designated by the Council to conduct or obtain annually surveys of generally prevailing pay rates, which shall include a fair sample of public and private sector employers and jobs throughout the Denver metropolitan area or other appropriate geographical areas. The Council shall also by ordinance require either the Board or such other entity as may be designated by the Council to survey benefits paid to or on behalf of employees by public and private employers in the Denver metropolitan area or other appropriate geographical areas. Surveys of pay rates and benefits shall utilize established technically and professionally sound methodologies. At least annually, either the Board or such other entity as may be designated by Council to perform or obtain pay surveys shall make pay rate recommendations to the Mayor and the Council based upon the findings of the surveys. Either the Board or such other entity as may be designated by the Council to conduct benefit surveys shall make benefit recommendations to the Mayor and the Council whenever deemed necessary by the Mayor, the Council, the Board, or other designated entity. The Mayor and the Council may accept, reject or modify any pay rate or benefit recommendation in determining the budget and appropriations of the City, and in determining pay rates and benefits to be approved by ordinance. The City Council shall provide by ordinance for an independent audit of survey methodologies and recommendations regarding pay rates and benefits not less than once every four years. Notwithstanding any provision of this subsection (D), the Council may establish by ordinance additional or alternative procedures and requirements for surveying and obtaining recommendations regarding pay rates and benefits.

E.

The Career Service shall comprise all employees of the City and their positions except:

(i)

elected officers;

(ii)

members of the Mayor's cabinet;

(iii)

the Director of Excise and Licenses;

(iv)

up to fifty employees appointed to serve at the pleasure of the Mayor in positions specifically designated or created by the Mayor in any department or agency of the City under the direct control of the Mayor;

(v)

county court judges and magistrates;

(vi)

members of the Classified Service of the Police and Fire Departments, the Police Chief if not a member of the Classified Service, the Fire Chief if not a member of the Classified Service, and the Sheriff;

(vii)

attorneys and part-time employees employed by the District Attorney, other employees of the District Attorney excluded from the Career Service and placed in an alternate merit personnel system pursuant to state law, and up to ten employees appointed to serve at the pleasure of the District Attorney in positions specifically designated or created by the District Attorney in the District Attorney's office;

(viii)

certified public accountants employed by the Auditor and up to five employees appointed to serve at the pleasure of the Auditor in positions specifically designated or created by the Auditor in the Auditor's Office;

(ix)

employees of the Denver Art Museum, the Denver Museum of Nature and Science, the Denver Zoological Gardens, and the Denver Botanical Gardens;

(x)

persons retained on a contractual basis to perform professional or technical services for limited periods of time;

(xi)

employees of the City Council, Library Commission, Civil Service Commission, Board of Adjustment, and Denver Water; and

(xii)

any hearing officers and up to two employees in positions specifically designated or created by the Career Service Board, appointed to serve at the pleasure of the Board.

(xiii)

any employee appointed to serve at the pleasure of the mayor for the purpose of monitoring internal investigations and disciplinary actions in the Department of Safety, and any employees appointed by the monitor to serve at the pleasure of the monitor. The appointment of any monitor by the mayor pursuant to this or any other provision of the charter shall require confirmation by the city council.

(xiv)

the Deputy Clerk and Recorder and no more than two other employees in positions specifically designated or created by the Clerk and Recorder, appointed to serve at the pleasure of the Clerk and Recorder. Any employee of the Denver Election Commission as of July 16, 2007 and formerly excepted from the Career Service pursuant to this section shall retain his or her position as an employee of the Clerk and Recorder if the employee qualifies to retain the position in accordance with the rules of the Career Service Board.

(xv)

up to five employees appointed to serve at the pleasure of the Manager of Aviation in executive or other managerial positions in the Department of Aviation.

F.

The enactment of this section or any ordinance adopted pursuant to this section shall not be deemed to affect or impair any vested employment right enjoyed by any member of the Career Service under any prior law.

(Ord. No. 665-03, § 1, 8-25-03, elec. 11-4-03; Ord. No. 599-04, § 1, 8-30-04, elec. 11-2-04; Ord. No. 851-06, § 1, 12-26-06, elec. 1-30-07; Ord. No. 407-13, § 2, 8-26-13, elec. 11-5-13; Ord. No. 408-13, § 2, 8-26-13, elec. 11-5-13; Ord. No. 837-18, § 1, 8-20-18, elec. 11-6-18)