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HomeMy Public PortalAboutORD15135BILL NO. 2013-30 SPONSORED BY ____ c=o:::..:u::..:.n.:...:::c~ilm~a!..!.....!...nP..!..!ra~t!.!.:he~r ____ _ ORDINANCE N0. ___ __,_/-=5':....__.:.__/ 3-=---j...L__ ___ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , ADOPTING REVISED RULES AND REGULATIONS FOR THE POLICE PERSONNEL BOARD . WHEREAS, the Police Personnel Board is authorized to make rules and regulations which do not conflict with the City Code ; and WHEREAS, any such rules must be approved by the City Council ; WHEREAS, the Board recently reviewed its rules in total and adopted the same with minor changes to the appeal procedure (made in order to stay consistent with the Code). NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. All prior ordinances adopting Police Personnel Board Rules and Regulations are hereby repealed . Section 2 . The document entitled "Rules and Regulations of the Jefferson City Police Personnel Board ," designated as "Exhibit A ", are hereby adopted as the official personnel rules and regulations for the Police Personnel Board of the City of Jefferson . Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. ATTEST: Approved 7cf2~/ 3 Mayor P APPROVED AS TO FORM : etYCOUf1;elor Exhibit A RULES AND REGULATIONS OF THE JEFFERSON CITY POLICE PERSONNEL BOARD Pursuant to the authority of Sections 7-153 and 7-154 of the Code of the City of Jefferson, Missouri, the Police Personnel Board hereby adopts the following Rules and Regulations governing its operation. RULE 1: OFFICERS The Board shall elect from its members a Chairman, Vice-Chairman, and a Secretary. The Chairman shall preside over all meetings of the Board and shall act as the official spokesperson for the Board. The Vice-Chairman shall act on behalf of the Chairman in all instances when the Chairman is not in attendance at any meeting of the Board or is otherwise unable to perform his or her duties. In the absence of both the Chairman and the Vice-Chairman the Board shall elect an acting chairman to conduct the meeting. The Secretary shall keep all records of the Board, including recording minutes of all Board meetings. Officers shall serve one-year terms and shall serve until a successor is duly elected and qualified. Officers shall be elected at the first meeting in January of each year, and as needed to fill vacancies. Officers shall assume their respective duties immediately upon election. RULE2: MEETINGS The Board shall meet at least quarterly during the calendar year, and at such other times as are necessary for the Board to operate efficiently. RULE3: QUORUM At least four ( 4) members of the Board must be present at the beginning of a meeting in order for a quorum to be deemed present. RULE4: MAJORITY VOTE At least four ( 4) members are required to vote on the prevailing side of any issue presented to the Board in order for the issue to pass. Bill2013-30 Page2 RULES: EXAMINATION Examinations for establishment of eligibility or promotional registers shall consist of open, competitive examinations and may include skill tests. Such examinations shall be designed to objectively determine the relative qualifications of applicants for employment or promotion. The Board is authorized to delegate testing of skill levels to public or private testing agencies. RULE6: NOTIFICATION OF EXAMINATIONS The Board, or its designee, shall give public notice of each open, competitive employment and promotional examination by posting the same on a public bulletin board maintained at the office of the Police Department, posting the same on a public bulletin board in the City Hall Building, and by publishing the same in a newspaper of general circulation in the City of Jefferson. These postings and the publication must occur a minimum of fifteen (15) days prior to the examination. The Board shall give such other notice as it deems necessary. RULE7: COMPLETION OF APPLICATION Any person desiring to participate in any employment or promotional examination shall complete an application on a form to be provided by the City of Jefferson. Failure to complete fully an application shall result in the applicant being refused permission to participate in any testing. Applications for any employment or promotional examination must be received in the Human Resources office no later than the posted deadline. RULES: ADMISSION TO EXAMINATIONS Before any applicant shall be admitted to any examination, applicants shall furnish photo identification to an examination supervisor. Only persons who have submitted timely applications as provided in Rule 8 7 and furnished photo identification shall be admitted to the examination. RULE9: WAIVER OF CERTAIN RULES The Board, in its discretion, for good cause shown, may allow an applicant for employment or promotion to take the examination at a time other than that scheduled. In the event an applicant is permitted to take an examination at any time other than the published time, the Board shall impose such conditions as will ensure that the contents of the examination are kept strictly confidential. Bill2013-30 Page3 RULE 10: CRIMINAL HISTORY CHECK Criminal history checks shall be conducted on all applicants for employment or promotion who have received a passing score on the written and physical examinations as determined by the Board. The criminal history check shall be conducted by a police officer designated for that purpose by the Chief of Police. The results of such criminal history checks shall be reported by the designated officer to the Board. The Board may reject the application of any person if the Board finds that the applicant's criminal history as disclosed by the criminal history check renders the applicant unfit for the position sought. In the event the Board rejects the application of any person based upon said person's criminal history as disclosed by the criminal history check, the Board or designee shall immediately notify such person in writing of the rejection of his or her application. After an applicant's name is placed upon an eligibility or promotional register, the applicant shall be subject to such additional background investigation and interviewing as the appointing authority deems necessary or advisable in making an informed decision concerning appointment or promotion. RULE 11: DISQUALIFICATION FOR DECEPTION The Board may reject the application of any person and may terminate any further processing of an application if it finds that the applicant has knowingly made a false statement of fact in his or her application or has attempted to practice any fraud or deception in his or her application or examination. In the event the Board rejects an application or terminates its further processing as provided herein, the Board or designee shall immediately notify the applicant in writing of such rejection or termination. RULE 12: ESTABLISHMENT OF PASSING GRADE In addition to the other requirements listed in these rules and regulations for placement on an eligibility or promotional register, no applicant's name shall be placed on an eligibility or promotional register if the applicant has not achieved a passing score on the examination. The Board will establish a passing score for each examination administered based upon the following factors: Recommendations of the publisher of any written examination; and Recommendations of the Department Status of current eligibility or promotional registers. In no event shall passing grades be established to discriminate against any person on the basis of race, color, religion, national origin, sex, ancestry, age or handicap. Bi112013-30 Page4 RULE 13: NOTIFICATION OF RESULTS Every person completing an examination shall be notified within 15 working days whether he or she passed or failed the examination. All applicants who successfully passed the written examination shall receive, along with their notification, further information on the remaining process. RULE 14: EMPLOYEES APPLYING FOR REHIRE Employees applying for rehire within one year of separation shall not be required to participate in any written examination process, but shall have their name included on the register within one year of rehire. RULE 15: REGISTERS A single register may, as necessary, be maintained by the Board for each of the following positions: Administrative Assistant All other civilian employees Police officer Communications Operator Sergeant Lieutenant Captain Chief of Police An applicant's name, once placed on the register, shall remain on the register for one (I) year. At the expiration of said year, such applicant's name shall be removed from the applicable register. Registers shall consist of applicant's name, test score, and other pertinent information deemed necessary for continuation in the hiring or promotional process. RULE 16: BOARD MEMBERS AT TESTS At least one ( 1) member of the Board shall be present for supervision of written examinations. RULE 17: RULES SUBJECT TO TEMPORARY SUSPENSION If the Board finds that an emergency exists requiring suspension of some or all of the above rules for a temporary period, such rules may be suspended upon approval of the suspension by the City Council. Bi112013-30 PageS RULE 18: APPEALS Any member of the Police Department (hereinafter "Employee") who is demoted, suspended, or discharged may appeal in writing to the Board, in care of the City Clerk, as outlined in the City Code. a. The City Clerk shall provide the Employee a receipt showing the date and time the appeal was received and distribute the appeal to the Board. b. Upon such action, the Board shall hear the appeal within twenty (20) days after the date the appeal is received by the City Clerk, unless otherwise agreed by the parties. c. Hearing Procedures: 1. The hearing shall be recorded, either by electronic recording or by a court reporter, as determined by the Chairman of the Board. 11. The Chairman shall preside at the hearing and shall rule on all questions as to procedure and admissibility of evidence. 111. The Department will present its case first, followed by the Employee. Each side will be entitled to cross examine the witnesses for the other side. IV. The Department and the Employee may be represented by counsel. v. The hearing shall be closed unless requested to be open by the Employee. VI. Technical rules of evidence shall not apply at such hearing. v11. Witnesses shall be sworn, either by the court reporter or the Chairman of the Board. d. Decision. Within fifteen ( 15) days after the conclusion of the hearing the Board shall enter its decision, in writing, to either approve or disapprove the action which has been appealed. 1. The decision shall be based solely upon the evidence presented and the Board shall not consider evidence which was not presented. Bill2013-30 Page6 ii. The Board shall approve the disciplinary action unless it finds that it is more likely than not that the demotion, suspension or discharge was not for good cause or for the good of the department. iii. The Board may consider any disputed fact to be proven if it finds that it is more likely than not that the fact is true. tv. In the event of disapproval, the Board shall order the revocation of such suspension and/or reinstatement to the appellant's former position and payment of such salary as was lost to the appellant by reason of such demotion, suspension, or discharge. In the event of disapproval, the Board may reopen the hearing for the sole purpose of hearing evidence as to the amount of salary lost. v. The Board may issue written findings of fact. e. Discipline Not Stayed. Any disciplinary action shall not be stayed by virtue of an appeal to the Board. RULE 19: AMENDMENT OF RULES These rules may be amended if at least four (4) members vote to amend these rules, but these amendments are not effective until filed with the City Clerk and approved by the City Council. Bill2013-30 Page7