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HomeMy Public PortalAbout068-1988-AMENDING CERTAIN PROVISIONS OF THE POLICE MERIT COMISSIONORDINANCE NO. 68-1988 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE POLICE MERIT COMMISSION OF THE CITY OF RICHMOND. WHEREAS, it has been deemed necessary and advisable for certain changes to be made in the ordinance establishing the Police Merit Commission for the City of Richmond; and, WHEREAS, the Police Merit Commission, the Fraternal Order of Police, and the City Administration have agreed on certain changes to be made, NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that Amended Ordinance No. 3187-1977, establishing the Richmond Police Merit Commission be amended as follows: SECTION 1. Add the following: N. Acting rank means a position of authority given temporarily to a Lieutenant, Sergeant or Patrol Officer assigned to fill a short-term vacancy, such as illness or military leave. Assignment to acting rank (Captain, Lieutenant or Sergeant) does not alter the promotional process described in . this plan, nor is it in itself a step in the promotional process leading to probationary or permanent rank. O. Technical status means a position that requires specialized knowledge, skill and training beyond that required for a patrolman. The technical status position includes, but is not limited to: Patrol Technical Communications Officer Investigator Laboratory Technician PSE Operator SECTION 9. A. Amended to read as follows: All regular meetings called by the commission shall be held either at the central police station or the city hall building. Each member shall be notified of all special meetings, as to the time and place of the special meeting, at least forty-eight (48) hours prior to that meeting. SECTION 10. Delete last sentence of 10. A. 2 reading as follows: 10. A. 2. The performance rating shall use the officer's activity reports and efficiency reports for the two (2) year period preceding the examination date. SECTION I L Amended to read as follows by changing "a closed hearing" to "an open hearing". The commission shall adopt, promulgate, and enforce rules and procedures concerning the demotion, dismissal and discipline of police officers. However, demotions, dismissal or discipline by the commission may only be made upon written request by the chief of police for the city and the request shall stipulate the reasons for the demotion, dismissal, or discipline. Prior to a demotion, dismissal, or discipline being granted, the officer who is subject to a demotion, dismissal or discipline request shall be notified in writing immediately and shall have the right to appeal within five (5) days of notification, and be heard by the commission. The commission shall require the chief of police and the aggrieved police officer to be present at an open hearing within fifteen (15) days of the aggrieved member's request for a hearing. The commission, after termination of the hearing, shall either affirm or deny the demotion, dismissal or discipline request within five (5) days. If the decision if affirmed, the chiefs written request shall be signed by the president of the commission for the commission and placed in the officer's personnel file. SECTION 12. 12 A. to be be amended as follows: The rules and procedures of the commission shall include a system for the rating of past performance. The system shall be implemented by the police department and contain a provision requiring the performance rating for patrolmen, sergeants, lieutenants and officers of higher rank to be rated every six (6) months. All ratings shall be made by the officer immediately superior to the man being rated. Ordinance No.68-1988 Page 2 Delete C. through F. and replace as follows: 12 C. The reviewing officer shall, within twenty (20) working days of completing the scoring of the rating, review the results of said rating with the police officer being rated. 12 D. If any member is aggrieved with the performance rating given by his/her superior officer and if this grievance is not resolved in the performance review interview, said member shall have the right to appeal to a Performance Rating Board of Review appointed by the Chief of Police Department. This appeal shall be made within ten (10) days after the performance review interview has been conducted. 12 E. The Performance Rating Board of Review shall be comprised of two (2) members of the Merit Commission, one (1) staff officer, along with one (1) supervising officer, and one (1) officer of equal rant to the aggrieved, who shall serve for not more than six (6) months. If a member of the department is actively involved in any grievance to come before such body, the actively involved member shall be disqualified and the chief of the Police Department shall appoint a substitute member to serve in his/her place in regards to such grievance. The staff officer shall serve as Chairman of the Performance Rating Review Board and will vote only in the event of a tie vote by the other four members. 12 F. Appeals to the Performance Rating Board of Review shall be submitted to the Chief of Police in writing. The aggrieved member shall be given a hearing within fifteen (15) days of his/her request. The officer shall be notified in writing within five (5) days of the decision made by the Board. 12 G. Officers appealing their scores may raise any argument they believe is relevant but must base their appeal, at least in part, on at least one of the following: 1. The unfairness or inaccuracy of their own score or evaluation. No one shall prevail on an appeal solely based on someone elses score or evaluation. 2. A violation of any procedure in producing the score or evaluation. 12 H. The rules and procedures of the commission shall provide that if any member is aggrieved with the decision of the Performance Rating Board of Review, he/she shall have the right to appeal to the commission within ten (10) days after the decision of the Performance Rating Board of Review has been handed down. The commission shall have the authority either to affirm or correct the rating based on the findings of the review. SECTION 13. Delete the language in 13. c. and replace as follows: No acting rank shall exceed ninety (90) days, except where an acting rank is created to fill a vacancy such as illness or military leave. In any event, any acting rank shall be filled from the existing eligibility list for that vacated rank. SECTION 14. Delete the words "Polygraph operators" and add PSE Operators and delete the words "has maintained an acceptable performance rating' to read as follows: The commission shall have the authority to set rules and regulations and procedures to grant technical status and to prepare an eligibility list. Qualifications for technical status shall relate to the various technical aspects of the positions. Technical status shall include but is not limited to: investigators, chemical test operators, criminal laboratory technicians, PSE operators and communications officers. The commission shall have the authority to grant technical status to any member upon request of the chief of police provided the member had completed three (3) years of service with this department and successfully completed a written examination .................... SECTION 19. Delete the language in 19. D. and replace as follows: Upon expiration of term or removal from office of any chief or staff member of the Police Department, such persons be made available by the commission to the rank in the Police Department which they held at the time of appointment to chief or staff member. In the event the chief or staff member have qualified in accordance with the promotional procedure as prescribed by the commission in its rules and procedures for any rank which is higher than the rank held at the time of their appointment, they shall, upon expiration of their term or removal as chief or staff member, be made available by the commission to the rank for which they have qualified under the promotional procedures established. Ordinance No. 68-1988 Page 3 Add Section 19. E. as follows: In the event that permanent rank positions have already been established, a bumping or replacement system would be put into effect. The junior (time in grade) permanent Captain, Lieutenant, or Sergeant would revert to a lower rank with the required number of positions of rank being maintained Any person holding the junior position and that has been reduced in rank due to the administrative change, is subsequently placed at the top of the eligibility list for that rank; and, reverts to the higher rank previously achieved without any further testing when that position of rank becomes available. SECTION 20. 20. B. Delete the word however with section to read as follows: Any further reorganization of departmental structure shall be on the recommendation of the chief of police with the approval of the board. If approved the reorganization will be implemented by the commission and this plan. No promoted officer shall be reduced in rank for the reason of reorganization but shall hold that rank unless qualified for promotion, nor shall that officer lose any consideration for promotion to the next higher rank, except for the instance when the chief or staff officers descend to positions of rank due to an administrative change. Reassignment of an officer as a result of a change due to restructure shall be in accordance with Section 13 D. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this .3'� `day of 1988. President of Common Council ATTEST: �Ga4 c 77'�L_�a{_�, _ �•� ,yJ City Clerk ff PRESENTED by me to the Mayor of the City of Richmond, Indiana, this —�—/5day of �> 1988. City derk APP OVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this ' day of �Gi��e.w 1988. mayor City Clerk I 30000334 (� Form Prescribed b State Board oFA9cc? 3t8 8— 3- Y GeneraE Form No. 99 P (Rev. 1987) City o£ Richmond — City Clark To Palladium Publishing Corporation.._,_.,,, Dr ..................................................I............ (Governmental Unit) ..................... 1175 North A Street ...............................Wayne............... County, Indiana ......................Richmond, Indiana 47374.................... PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines """""""""""" Head — number of lines ... • • • • 2............... Body — number of lines 1 Tail — number of lines 2 2 3............... Total number of lines in notice COMPUTATION OF CHARGES .�.......... lines, ........qAO.... columns wide equals ........23....... equivalent lines at ....... f 21. ...... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication (SI.00 for each proof in excess of two) TOTAL AMOUNT OF CLAIM $ A . g 5....I......... 5.............. $ ........................ DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ..... Size of quad upon which type is cast ..... Pursuant to the precisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally du , a r allowing all just cred' , and that no part of the same has been paid. . ......... , 19 . 8. Title ..... Ca shier .... ................... Date:'. ...............Sept............a8........................I.................. PUBLISHER'S AFFIDAVIT State of Indiana I) ...... Wayne ...... County) SS :i, Personally appeared before me, a notary public in and for said county and state, the undersigned ...?i0llld D.... Emho being duly sworn, says that he is of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for ... O1 %ime...... the dates of publication being as follows: ........... 9! .Pt.! ... 2.b.,,,7,968 ................................................................................................ ... ...... ................................................................. �� ..• .• ..................... Subscribed worn to before me this .......2.6.th........ day of ........ S...4P.t........ 19 ..$8 i"rijiii'vi Ccl.'eiti "n' NotaryPnbIic My commission exires ..`7anuary 24,, 1991 ..............................