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HomeMy Public PortalAboutORD10725 AMENDED BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING SECTION 24-47 AND AMENDING SECTIONS 24-26 THROUGH 24-28, SECTIONS 24-41 THROUGH 24-46 AND 24-48 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE POLICE PERSONNEL BOARD PROCEDURES, ORGANIZATION AND REPONSIBILITIES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 24-26 through Section 24-28 and Section 24-41 through 24-46 and 24-48 of the Code of the City of Jefferson, Missouri, are hereby amended to read as follows: Section 24-26: Demotion, suspension or discharge. The chief of police may demote, suspend or discharge for misbehavior, inefficiency, neglect of duty or other valid cause any member of the police department, when the good of the department will be promoted thereby. The reason for such demotion, suspension or discharge shall be stated in writing and given to the affected member of the department. Any regular member of the department who is demoted, suspended or discharged may appeal to the police personnel board and be granted a public hearing. Section 24-28: Appeals. Any regular member of the city police department who is demoted, suspended or discharged may appeal in writing to the police personnel board, within thirty (30) days after the effective date of such action, setting forth his reasons for claiming his demotion, suspension or discharge was not for good cause or for the good of the department. Upon such action the board shall, within ten ( 10) days, hear the appeal, and the appellant, the chief of police and the appointing authority shall have the right to be heard in person, to be represented by counsel and to present evidence at such hearing, which shall be a public hearing at the request of the appellant. Technical rules of evidence shall not apply at such hearing. Upon consideration of the evidence and within fifteen ( 15 ) days of the conclusion of the hearing, the board shall approve or disapprove the action appealed from and, in the event of a disapproval, the board shall order the appellant reinstated to his former position and payment of such salary as was lost to the appellant by reason of such demotion, suspension or discharge. Section 24-41: Members. (a) The police personnel board shall be composed of six ( 6 ) members, not more than one-half of whom shall be members of the same political. party. Members of the board shall be appointed by the mayor with the consent of a majority of the members of the city council. Every year two ( 2 ) members shall be appointed for a term of three (3 ) years . The mayor, with the consent of a majority of the members of the city council, shall fill vacancies for any unexpired term. The mayor may, by and with the consent of the council, remove any member for misconduct or neglect of duty. Members of the board shall serve until their successors shall have been appointed and qualified, unless removed for misconduct or neglect of duty. Section 24-42 : Chairman. The police personnel board at its first meeting in each calendar year shall elect one of its members chairman, one as vice-chaiiman and one as secretary. Section 24-43 : Jurisdiction. The police personnel board shall have jurisdiction over matters pertaining to the hiring, firing, promotions and disciplining of members of the Police Department. The police personnel board may from time to time make recommendations to the Council on matters pertaining to personnel guidelines, policies, promotions, salary proposals and improvements within the Police Department. All petitions and requests, from whatever source, concerning the above shall be referred to the police personnel beard for its study and consideration. The board shall act upon each request within forty-five ( 45 ) days from receipt of same. Section 24-44 : Examinations and Register. (a) The police personnel board, from time to time, shall conduct open, competitive examinations and promotional examinations as it deems necessary to establish eligibility and promotional registers. The examinations shall be of such character as to determine the relative qualifications, fitness and ability of the persons tested to perform the duties of the class of positions for which a register is established. The examination may be divided into various parts and types, as the board may prescribe by regulation. An examination, regardless of its form, shall not be given unless it can be graded by reference to answers or standards promulgated prior to the giving of the examination. Political or religious opinions or affiliations, age, sex, race or national origin shall not be considered in determining the qualifications of an applicant, unless specifically job related, and no question shall be framed to elicit such information. (b) The board shall give public notice of each open, competitive examination and promotional examination sufficiently in advance of same to afford persons who are interested in taking the Examination a reasonable opportunity to apply. The time between the official announcement of an examination and the holding of the examination shall not be less than fifteen ( 15 ) days. Each official notice of an examination shall be in a form prescribed by regulation. The official announcment shall consist of the posting of an official notice thereof in any newspaper published and of general circulation within the city, and of the posting of an official notice thereof on a public bulletin board maintained at the office of the police department and in the city hall building. (c) Ratings of each examination shall be completed and the appropriate registers established not later than forty-five ( 45 ) days after the first part of the examination is held. The methods of rating the various parts of the examinations and the minimum satisfactory grade shall be determined by appropriate regulations . Each person taking the examination shall be notified in writing whether he passed or failed the examination within forty-five (4 5 ) days of -the examination. Upon establishment of the register, the board shall have no further jurisdiction with regard to appointment or promotion of applicants , except as provided in subsection (e) of this section. The register shall consist only of those applicants who passed the examination. (d) The board shall keep application and promotional records . (e) The board may reject the application of any person for admission to an examination for a position in the police department if it finds that such person lacks any of the required qualifications, is physically unfit to perform effectively the duties of the position to which he seeks employment, is addicted to the habitual use of drugs or intoxicating beverages, has been convicted of a crime or guilty of any conduct which would be unbecoming of a police officer, has been dismissed from any public service because of misfeasance or malfeasance or has made a false statement of fact or attempted to practice any fraud or deception in his application, or in his examination, or in attempting to secure appointment to the city police department. Section 24-45 : Certification of Eligibles . The police personnel board shall certify a list of all eligible persons , pursuant to section 24-44 , for membership in the police department to the mayor, as often as is necessary for the good of the department and the interest of the public. Section 24-48 : Rules and Regulations The police personnel board shall formulate and adopt all rules and regulations reasonably necessary for the efficient operation of the merit system. The rules approved by the board shall be submitted to the city council and shall become effective when approved by the council. The rules shall include provisions for: ( 1 ) Frequency of competitive examinations . ( 2 ) Standardization and classification of all examinations on the basis of duties and responsibilities , so arranged as to promote the filling of the higher grades through promotion as far as practicable. (3 ) Certification, by listing on a register, to the Mayor of eligible persons in alphabetic order for the purpose of filling vacancies . (4 ) Temporary or emergency appointments, in the absence of an eligibility list. ( 5) Regulations required by sections 24-40 through 24-47 . ( 6 ) Appeals to the board regarding hiring, firing, promotions , and disciplinary action. ( 7 ) Internal Operations of the Board. Section 2 . Section 24-47 of the Code of the City of Jefferson, Missouri, which reads as set out below is hereby deleted and repealed in its entirety: "Section 24-47: Salaries for personnel. The police personnel board, shall from time to time, study and recommend to the city council appropriate salaries for members of the police department. " Section 3 . This ordinance shall be in full force and effect from and after its passage and approval. Any promotional list, eligible list, or rules and regulations in existence at the time shall remain in full force until new lists are promulgated, except insofar as they conflict with this ordinance or the City Charter. Passed Approved Pre ding Offic r ayor ATTEST: City Clerk