Loading...
HomeMy Public PortalAbout3187-1977 - The Voluntay Establishment & Implementation of a Merit System for Pollice DepartmentAmended ORDINANCE NO. 3187-1977 AN ORDINANCE FOR THE VOLUNTARY ESTABLISHMENT AND IMPLEMENTATION OF A MERIT SYSTEM FOR THE RICHMOND, INDIANA POLICE DEPARTMENT. WHEREAS, It is the de6i&e ob the cuxrent administration ob the City ob Richmond, Indiana, to estabtti.6h and imptement a men.it system bon the Richmond, Indiana Potice Department; WHEREAS, Said a.dministuWon has estab.tiahed a citizens committee to study and deve.top guideti.ne6 bor this puApose; WHEREAS, Said Committee has met on many occasions and has now cxeated said guidetines and a dkabted metut .system bor the Richmond, Indiana Police Depa4tment; WHEREAS, The dutie6 ob the "Board ob Pubtic Wonk.6" and the duties ob the "Board ob Pubtic Satiety" are now perbo,med by a boaxd known a6 the "BooAd ob Pubtic Woxks and Satiety" (IC-18-2-1-4.2); WHEREAS, Such Board ha-6 the cage, management, supeAvZsion and exclusive cone o.t ob aft matters and propexty re&tZng to on connected with the poti.ce borces and the power to make genenat and speciat xute6 and regutations bon the government and di6ciptine ob said bocce [IC-18-1-11-1); WHEREAS, It i6 the expressed des.iAe ob the Police Foxce ob the City ob Richmond, Indiana, that a pot ice mexit p.tan be adopted under which such emptoyeea woutd have security ob emp.toyment and would be h.iAed, promoted, demoted, transimed, disci.- pti:ned, and accorded other benejit6 and advantage6 on the bas.u, ob men.it and quatibications; and WHEREAS, It .i6 the intent ob IC 18-1-1.5, the city home nude .taw, and otheA re.tated .taws such a6 18-1-1.5-2(n), conceAning poweu ob ccti.es to atdow cities to e6tabtizh and bund any programs, and organize and carxy out their governmental duties; WHEREAS, The Board ob Pubtic Work6 and Satiety is now by Reso.tution encout Bing the Richmond Common Councit estabZZ6h a police merit plan box the Pof-ice ob the City ob Richmond, Indiana, hereabtex %e6med to a6 "MeA t System bar Richmond Poti.ce Depaniment" NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, WAYNE COUNTY, 1NDIANA, as bottom : ORDINANCE NO. 3181-1977 )Continued) Thi-6 Ondi.nance ehaU be in bu.0 Sonce and esbect btom and a4teA p"zage and appnovaP by the Mayan of the City o$ Richmond, Indiana, this day o5 1977. k cent ATTEST: �pd,` en PRESENTED TO THE MAYOR ob the City o6 Richmond, Indiana, this a day o S T1�1-� 1977. -'�2� �- en APPROVED BY THE MAYOR ob the City of Richmond, Indiana, .thi-6 a �� day o6 1977. ayon ATTEST: C ay CZeU MERIT SYSTEM FOR RICHMOND POLICE DEPARTMENT 1. SECTION 1. A. "City" means City of Richmond, Indiana. B. "Commission" means the civil service merit commission created by this plan. C. "Board" means the Board of Public Works & Safety of the City. D. "Police Officer" means a sworn officer, functioning in a full time capacity with the police department and who is a member of a police pension fund. E. "Nomination -election committee" means a committee of five (5) police officers selected by the membership of the police department for the purpose of nominating candidates to be elected by the membership of the police department to the com- mission and conducting that election. F. "Staff' means ranks above Captain and below Chief of Police to include the ranks of Major or Deputy Chief. G. "Transition period" means the time between enactment of thisplan and the date when all ranks within the police department are filled by the commission. H. "Written Competitive Examination" means that portion of the rating system as relates to written tests as conducted by the merit commission. I. "Past Performance" means that portion of the rating system taken from the Police Department monthly activity report and monthly efficiency report by the merit commission. J. "Oral Interview" means that portion of the rating system wherein an officer appears before the merit commission for the purpose of oral examination for promotion. K. "Seniority rights" means length of active service on this police department by full anniversary years, plus that part of the year by full anniversary months. L. "Anniversary Years" means full twelve (12) month periods beginning with the officer's date of entry into police service with this department. M. "Eligibility list" and "promotion list" are interchangeable and mean that list prepared by the commission of officers qualified for promotion under rules and procedures of the commission and this plan, -1- SECTION 2. A. A commission shall be elected in the City, pursuant to Section 3 of this plan, to consist of seven (7) members as follows: 1. One (1) person who holds a license to practice medicine, dentistry, law, or is a Certified Public Accountant, in the State of Indiana; 2. One (1) person who holds a degree from a nationally accredited institution of higher learning and is actively engaged in teaching or administration at the elementary, secondary, or college level; 3. One (1) person who holds a degree from a nationally accredited institution of higher learning in the field of theology, or any recognized member of the clergy; 4. One (1) person who is qualified and experienced in the field of labor relations; 5. One (1) person from the field of business or management; 6. Two (2) other persons of any endeavor. B. The members of the commission must be legal residents of the county which contains the City for a period of three (3) consecutive years immediately prior to their election and are subject to the geographic residency requirement of the police officers of the city. They shall be persons of good moral character, and shall be twenty-one (21) years or older at the time of nomination. C. A member of the commission may not be an active or past member of any police agency- D. No more than four (4) members of the commission may be affiliated with the same political party. For purposes of this subsection, political affiliation should be determined by declaration. E. The members of the commission shall take an oath of office to conscientiously and faithfully discharge their duties as ccmmiissioners. A Signed copy of the oath shall be filed with the board and placed in custody with the City Clerk. F. The commission shall submit a budget annually to the Chief of Police and the Chief of Police shall include in his budget an amount sufficient to provide funds for the necessary expenses of the commission. A person may not serve on the com- cission if he receives any remuneration as salary from a public fund. A public find is not to be construed to include monies received as remuneration, salary or fees as apublic defender, educator, or physician, nor the per diem provided for under this plan. -2- 1. Legal fees received as a public defender shall not be deemed from a public fund providing the public defender is not considered a full time position within the office of courts of the County. G. A candidate for the commission may not have held an elected political position or a compensated politically appointed position for three (3) years prior to nomination. H. The commission shall adopt, promulgate, and enforce rules and procedures concerning the hiring of police officers. The chief of police with approval of the board shall as necessary, submit to the commission in writing, the need for appointments of sworn officers due to retirement, resignation, dismissal, or other valid causes. The commission shall then by state law, commission rules and procedures, fill the requested need. SECTION 3. A. The members of the commission shall be elected as follows: 1. The police officers of the city shall make the first three (3) elections, no more than two (2) shall be of the same political affiliation. The police officers shall make their selection within thirty (30) days of the inception of the Plan. B. The Common Council of the City shall make the next three (3) elections, in such manner to provide that any political affiliation does not exceed three (3) of the six (6) members now elected. The Common Council's selection shall be made within thirty (30) days of the police officers' action. C. The six (61 elected members shall appoint the seventh (7th) member, within thirty (30) days of election by the City Council. This 7th member may be of any political affiliation. In the event of an impasse in the selection of the seventh member, the six members of the commission shall submit a list of three (3) names within seven (7) days to the Common Council of the City which shall then elect the seventh member from the submitted list within thirty (30) days. SECTION 4. A. At inception, the term of office shall be staggered as follows: Police Department Common Council Committee 3 1-1 year 3 1-1 year 1 1-2 years 1-2 years 1-2 years 1-3 years 1-3 years Thereafter the terms shall be three (3) years. The term of members elected by the police officers and Common Council shall on expiration be alternated to allow the police officers and the common council to make elections in the different occupational areas as described in Section 2 (A). The order of election shall remain the same. -3- B. Exception shall be made when a commissioner's term expires during a hearing for dismissal, discipline, or demotion. The commission member whose term expires during this hearing shall relinquish all commission duties excepting the hearing. The Term shall then expire on completing the hearing. The expired vacancy shall be filled as required in this plan for the conducting of regular business. SECTION S. A vacancy on the commission by reason other than expiration of term shall be filled within thirty (30) days by the same electing party to serve for the remainder of the unexpired term. SECTION 6. The board may remove any member of the commission for malfeasance, nonfeasance, change of residence that conflicts with Section 2 B of this chapter, or inability to serve. Removal of a member of the commission by the board shall be subject to the same rules and procedures which govern the removal of a police officer. SECTION 7. A. A nomination -election committee shall be selected to conduct the process of selecting the police officers' appointments to the commission. Police officers who wish to serve on the nomination -election committee shall file with the board in writing their intent to become candidates for election to the nomination - election committee. The board shall hold a meeting to conduct an election for the nomination -election committee before the expiration date of the present mem- bers' terms. The board shall give notice thirty (30) days prior to expiration of term for filing of candidates. All police officers who file with the board shall be candidates in the election. The board shall give notice fourteen (14) days be- fore the election meeting which shall state the date, time, location, purpose of the meeting, and the names of all the candidates. The notice shall be posted in three (3) prominent locations in the central police station. B. Only members of the board and police officers shall be present at the meeting for the election of the nomination -election committee and only police officers shall have the right to vote. C. Police officers who are unable to attend the meeting may vote by written proxy, naming the police officer to whom their proxy is given. To be valid, the proxy must be notarized, placed in a sealed envelope and received by the president of the board before the election. The proxy shall be opened publicly by the president or acting president, who shall preside at the election meeting, after he has called the meeting to order and before any vote is cast. D. Voting for members of the committee shall be by secret ballot and the five (5) police officers receiving the greatest number of votes shall constitute the nomin- ation -election committee. In the event of a tie vote for the fifth member of the nomination -election committee, the president shall call for another ballot to break the tie. The candidate receiving the greatest number of votes shall be designated the president of the nomination -election committee. In the event two (2) or more members tie for the greatest number of votes, the five (5) members of the nomina- -4- tion-election carnnittee shall select their own president. 1. Any police officer on being appointed chief of police or staff member is terminated from membership on the nomination -election committee effective on his date of appointment. Any officer on retirement, resignation, or dismissal is terminated from membership on the nomination -election committee effective the date he leaves police service. Any member of the nomination -election committee may resign at will. 2. Vacancies created under Section 7 D will be filled by the board serving notice of candidate filing no later than the seventh (7th) day after the vacancy occurs with meeting of elution to be no later than the fourteenth (14th) day after the vacancy. Notice shall be posted according to Section 7 A. 3. In the first instance the term of the nomination -election committee shall be determined by the number of votes received in the election. A list shall be pre- pared of those elected beginning with the five (5) greatest number of votes and descending in order. The list shall be numbered one through five beginning with the greatest number of votes and ending with the least. Numbers one and two shall serve a three year term, numbers three and four shall serve a two year term, and number five shall serve a one year term. Thereafter the term shall be three years. SECTION 8. A. The monimation-elution committee shall submit to the police officers a list of three (3) to five (5) names as candidates for each commission position being considered for elution. In selecting these persons the nomination -elution committee shall consider their occipation, political affiliation, and their willing- ness to serve on the commission. B. The committee shall give at least fifteen (15) days' notice of the election. The notice shall state the date, time, location, and the names of the candidates being considered. The notice shall be posted in three (3) prominent locations in the central police station. C. Only police officers shall be present at the meeting. Police officers who are unable to attend the meeting may vote by written proxy, naming the police officer to whom their proxy is given. To be valid, the proxy must be notarized, placed in a sealed envelope, and received by the chairman of the nomination election committee before the election. The proxy shall be opened publicly by the president of the nomination election committee, who shall preside at the meet- ing, after he has called the meeting to order and before any vote is cast. D. Voting for members of the commission shall be by secret ballot and the person receiving the greatest number of votes for the category position shall be named to the commission representing the police officers. The results of the election shall be tabulated and filed with the Clerk of the City. -5- SECTION 9. A. All regular meetings called by the commission shall be held either at the central police station or the city hall building. Notice of all special meetings shall be sent to each member of the commission by certified mail, return receipt requested, stating the time and place of the meeting. Official business may not be transacted at special meeting unless this notice provision has been complied with. B. Five (5) members of the commission shall constitute a quorum and a lawful transaction of business shall require a majority vote of the attending members, except an action for discipline, dismissal, or demotion shall require the affirmative vote of not less than five (5) members of the commission. C. The commission shall establish rules for governing the commission and shall, each year, select from its members a president, vice president, and a secretary. SECTION 10. A. The commission shall adopt, promulgate, and enforce rules and procedures concern- ing the promotion of police officers. The commission shall, in cooperation with the police officers of the city and the board, prepare job descriptions for all ranks and positions of the police department of the city within one year of inception of this plan. In the first instance, job and rank descriptions in existance for the City shall be used. In addition, within one year of inception of this plan the commission in cooperation with the police officers of the city and the board shall prepare standards of performance, and training for promotion of all ranks. The commission shall require the police department to provide the technical training to meet any technical knowledge required in promoted positions. Failure of the department to provide this training shall not place a promoted officer in jeopardy. Failure of the promoted officer to attend such training or his failure to meet required standards shall place the officer in jeopardy. When considering promotions, the following four (4) factors shall be basic con- sideration for rating a police officer: 1. The grade received by the police officer on a written competitive examination. The commission shall set a minimum qualification score on the written competitive examination. 2. The performance rating shall use the officer's activity reports and efficiency reports for the two (2) year period preceding the examination date. The commission shall set a minimum performance qualification rating. 3. The score received by the police officer on an oral interview conducted by the commission, and 4. The score received by virtue of the length of service or longevity of the police officer. B. 1. The grade received on the written competitive examination shall be considered a thirty percent (30%) of the rating. M 2. The past performance shall be considered as thirty percent (30%) of the rating. 3. The score received on the oral interview conducted by the commission shall be considered as twenty percent (20%) of the rating. 4. The seniority rights based upon the number of years of service shall con- stitute twenty percent (20%) of the rating, considering the length of service at the rate of one percent (1%) for each year of service up to and including twenty (20) years. (Over twenty (20) years service, 1% per year shall be added.) The appro- priate fraction of 1% will be used for less than any full anniversary year in com- puting seniority rights. Seniority rights score will be fixed at the date of the examination and remain fixed on the promotion list until such time as examinations are administered and a new promotion list posted. C. When considering the percentage on the oral interview, the commission shall devise the method for computing this percentage and the manner •in which it is awarded. If any member receives seven percent (7%) or less, the commission members must explain in writing the reasons for the score. Such explanation shall be placed in the officer's personnelfile. D. All examination results shall be made part of the permanent file of the individual officer taking the examination, and shall be maintained under the super- vision of the chief of police. The commission members shall not have knowledge of or access to, the grade received by individual members of the police department on the written competitive examination until the oral interview has been conducted and the score posted. The chief of police shall notify each police officer, in writing, of the score the officer received on the oral interview. The rules and procedures of the commission shall provide that if any officer is aggrieved with the grade received on the written competitive examination or the oral interview, the officer shall have the right to appeal to the commission for a review of those scores within ten (10) days after receiving notice of the score. The commission, after reviewing the scores and examination, shall have the authority to affirm or correct the grade based upon the findings of its review. SECTION 11. 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 discip- line 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 commis- sion shall require the chief of police and the aggrieved police officer to be present at a closed 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 is affirmed, the chief's written request shall be signed by the president of the commission for the commission and placed in the officer's personnel file. -7- SECTION 12. A. 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 depart- ment and contain a provision requiring the performance rating for patrolmen and sergeants to be made quarterly; lieutenants and officers of higher rank shall be rated every six (6) months. All ratings shall be made by the officer immediately superior to the man being rated. B. All performance ratings shall be submitted to the chief of the police department and kept on file in his office or under his supervision, within the central police station. C. The reviewing officer shall, within ten (10) days of completing the rating, review the results of said rating with the police officer being rated. D. If any member is aggrieved with the performance rating given to him by his superior officer and if this grievance is not resolved in the performance review interview, said member shall have the right to appeal to a three (3) man Department Board of Review appointed by the chief of the police department. This appeal shall be made within ten (10) days after the performance review interview has been con- ducted. E. The Department Board of Review shall be camprised of one (1) staff officer, one (1) supervising officer, and one (1) officer of equal rank to the aggrieved, who shall serve for not more than six (6) months. If a member of the department Board of Review is actively involved in any grievance to cane 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 place in regards to such grievance. F. The rules and procedures of the commission shall provide that if any member is aggrieved with the decision of the Departmental Board of Review, he shall have the right to appeal to the commission within ten (10) days after the decision of the Departmental 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 their review. SECTION 13. A. The rules and procedures shall provide that all promotions to any rank be from the next immediate lower rank and that the person shall have qualified in time of service required by this plan. A police officer must have served at least one (1) year and have been granted permanent tenure in rank by the cannis- sion before being eligible to take the promotional test for the next higher rank. 1. The requirements set forth in Section 13 (A) may be waived by the commission in that rare instance whereby departmental reorganization, resignation, or attri- tion, the ranks have been depleted of officers meeting promotional requirements of Section 13 A. This waiver shall not be construed as to amend, or waive any other promotional requirements in this plan. B. 1. A police officer must have been a patrolman of the police department of the City for a minim = of five (5) years before he is eligible for the rank of sergeant. -8- f 2. A sergeant must have been a member of the police department for a period of not less than seven (7) years before he is eligible for the rank of lieutenant. 3. A lieutenant must have been a member of the police department for a period of not less than ten (10) years before he is eligible for the rank of captain. 4. The requirements set forth in Section 13 B, 2 and 3, may be waived in that rare instance where by departmental reorganization, resignation, or attrition, the ranks have been depleted of officers meeting promotional requirements of Section 13 B 2 and 3. This waiver shall not be construed as to amend or waive any other pro- motional requirements in this plan. C. No acting rank shall exceed ninety (90) days, except where an acting rank is created to fill a vacancy because of illness, military leave, or by a vacancy in rank which must be held open because of appointment from that rank to the rank of chief, or staff member as provided in this plan. In any event, any acting rank shall be filled from the existing eligibility list for that vacated rank. D. It shall be the discretion of the chief of police to assign those promoted ranks within the departments command structure. E. The Commission, with approval of the Board, create rank classification for patrolmen. SECTION 14. 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, polygraph 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 has completed three (3) years of service with this department, has maintained an acceptable performance rating and successfully completed a written examination relative to the technical position, and is listed on the eligibility list at the time the vacancy occurs. An officer is not limited to any one area but may be qualified in any or all areas covered by technical status. Each time a vacancy occurs in a technicalstatus it shall be filled from the qualification list submitted to the appropriate captain and forwarded to the chief with recommendations to the chief from the captain. The chief shall then submit the name(s) and recommendations to the commission which shall have the sole authority to fill the vacancy. It shall be the responsibility of the chief to make known to all members when a technical position is vacated. All appointments to technical status shall be probationary for ninety (90) days. At the conclusion of the probationary period, the commission shall affirm or deny permanent tenure to the member in the same manner as prescribed for the ranks of sergeant to captain, and that member shall have the same opportunity to appeal. Demotions from technical status shall be made in the same manner as demotions from rank, with the same pro- visions for appeal. mom SECTION 15. The rules and procedures of the commission shall be printed and a copy of the rules and procedures shall be given to each police officer. Any amendments to the rules and procedures made within thirty (30) days of any promotion or de- motion do not apply to that promotion or demotion. All amendments to the rules and procedures shall be given to all police officers. Any amendments to the rules and procedures shall require a majority vote of all seven (7) members of the com- mission. SECTION 16. A. All promotions to any rank from sergeant to and including captain shall be probationary for a period of ninety (90) days from the time of appointment to that rank. At the conclusion of ninety (90) days probationary period, the com- mission shall review the performance record of the individual, and upon recom- mendation and approval from the chief of police, provide permanent tenure for the individual. B. If for any reason the chief believes the individual should not be granted permanent status, the chief must appear with the member before the commission and present reasons for not granting permanent status. In such cases, the chief must prepare, in writing, his reasons for not recommending an individual for permanent status. The commission, after hearing both the chief and the aggrieved individual shall have the authority to grant the member the rank on a permanent basis or to deny permanency and install the next individual on the eligibility list for that rank on a probationary basis. The report shall be signed by the president of the commission and become a part of the personnel file of the individual member. If any police officer is denied permanent status in a rank by the commission, his name will be placed at the bottom of the current eligibility list established for that rank. C. The eligibility list shall be maintained for a period of two (2) years or until exhausted, at which time there shall be another eligibility list established for every rank, as previously prescribed. SECTION 17. The rules and procedures of the commission shall include a manner for written competitive examinations and an education system for the members of the police department. The commission may employ instructors who are not members of the police department of the city or may enroll members in appropriate available programs. The commission is authorized to purchase materials and equipment, and allow other necessary expenditures for the purpose of instructing the police officers. Materials, equipment, instruction and educational system shall pertain to written examinations administered by the commission under Section 18. 5"1 SECTION 18. A. Written competitive examinations shall be conducted by the Commission for the purpose of establishing eligibility lists (pursuant to Section 14) for promotion (pursuant to Sections 13 and 10). Such examinations shall be conducted under the provisions of this section; provided, however, that examination contents shall be on law enforcement related to this city, and shall not be of the intelligence quotient, general education development, or psychological profile types; and further provided that no police officer shall have access, directly or indirectly to exam- ination or related testing materials developed for this purpose, prior to the time he sits for such examination. 1. The Commission shall select and designate an appropriate independent test- ing service, outside the Police Department, to devise and grade all written exam- inations conducted hereunder. 2. The commission may use different testing services for subsequent examina- tions and/or for examinations for eligibility lists for promotion to different ranks. B. To control, administer and monitor such examination, the Commission shall appoint a Test Committee of three from its membership, and shall designate the chairman of the Test Comnittee. The duties of the Committee and its Chairman shall be: 1. The Chairman shall be designated to the testing service as the person to receive the written examination forms (and related testing materials), and subse- quent grades; and the testing service shall be instructed to deliver such forms and materials in a sealed package, by registered mail, to the Chairman. 2. It shall be the duty of the Chairman of the Test Committee to receive the examination forms and materials, to maintain therm in their sealed package, and to secure them in a safety deposit box or vault until the scheduled examination date. 3. On the examination date, the forms and materials will be delivered to the examining room by the Chairman, and with all members of the Test Committee, they shall break the seal and inspect the examination forms. 4. The committee shall distribute the forms to the officers taking the examination, and shall monitor the examining room until all have been completed and resubmitted to the Test Committee. C. Upon completion, each member taking the examination shall report to the Test Committee and shall draw a number, assigned by lot, and enter the number on each page of his examination paper (and any related test materials), and shall enter the number and his name on a card provided for this purpose, and place the card in an unmarked envelope and seal it. He shall then submit his examination papers and sealed envelope to the Test Committee. The Test Committee will then: 1. Forward all examination papers (including unused forms), by registered mail, to the testing service for grading; -11- 2. Place all individual envelopes, containing the name and number cards, into a packet which shall be sealed, then placed in a safety deposit box or vault by the Chairman. 3. Upon receipt of grades from the testing service, and after completion of the oral interviews under Section 10, the Test Committee shall deliver the sealed packet of name and number cards to the Commission which shall then break the seal, and assign the grades by number to the officers who took the examination. D. All scores shall be posted by number only at the central police station. The officer scoring the highest accumulative score in four (4) areas (written competi- tive examination, past performance rating, oral interview, and seniority) shall be placed at the top of the new eligibility list for that rank. Other members who took the test shall be ranked by their accumulative scores on the eligibility list in a descending order. SECTION 19. A. The mayor of the City shall appoint the chief of police. The appointment shall be of an officer serving at a rank not less than that of Lieutenant, or qualified to serve as a lieutenant from the current promotion list as described in this plan. B. The staff may consist of two (2) officers who shall be appointed by the chief of police with the consent of the mayor. The appointment shall be officers serving at a rank not less than that of sergeant, or qualified to serve at a rank of sergeant from the current promotion list as described in this plan. C. Any change in title or rank of staff positions, shall be presented in writing to the commission. The removal of any member of the police department as chief or staff member by the mayor shall be deemed as removal from that rank only and not from the police department. D. Upon expiration of term or removal from office of any chief or staff member of the police department, such persons shall be appointed 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 appointed by the commission to the rank for which they have qualified under the promotional procedures established. SECTION 20. A. On the implementation of this Plan the organizational structure of the police department shall be on the recommendation of the chief of police with the approval of the board. The commission shall implement this structure by filling the re- quired rank positions according to this Plan. -12 r B. Any future reorganization of departmental structure shall be on the recom- mendation of the chief of police with the approval of the board. If approved the reorganization will be implemented by the commission by -filling new rank positions according to the rules and regulations of the commission and this plan. However 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. Reassigmment of any officer as a result of a change due to restructure shall be in accordance with Section 13 D. -13- Appendix Implementation Reference Section 2. A. In the first instance, the election for the nomination -election committee of this plan shall be as follows: 1. The election shall be held before 2. The notification to the board of intent to be a can i to s e efore 3. n the first instance, the nomination -election committee shall submit its list of candidates to the police officers within thirty (30) days of the committee's selection. SECTION 3. A. In establishing the initial eligibility list under Section 1 of this act: 1. During the period of establishing the initial eligibility list, the personnel files with the exception of the activity reports and the efficiency reports for two years prior to establishing date of all police officers shall be sealed and shall not be available to the commission. SECTION 4. In the first instance in implementing Section 1 of this plan,the ranks of the police department shall be filled beginning with the rank of captain and descending order to, and including the rank of sergeant providing no appointment to any rank violates Section 13, B, 1, 2, 3. SECTION 5. All ranks in the police department shall be temporary for a period not to exceed 180 days after the establishment of the commission. At the conclusion of the 180 days period, all ranks shall have been filled by open competitive examinations as provided in this act in accordance with the special guidelines provided in this plan. SECTION 6. Prior to the establishment of the commission, the rules and procedures pertaining to the performance of duties and conduct of police officers are those adopted by the police department and the Board of Works and Public Safety. SECTION 7. From to there may be paid out of the general fund of the city, upon special appropriation, on claims properly filed, all the necessary expenses of the commission including salaries and costs. -14- 4/ 3 As a committee we were given the task of gathering facts and preparing a merit system for the Richmond Police Department, we completed this to the best of our abilities. We tried to foresee all possible problems before they might arise, after several months of meetings we felt that we had accomplished this goal within the plan submitted. During the open meeting called by the council and further the regular council session, it became apparent that there are outside individuals who have taken issue with the system as proposed. Points of issue in the system were designed to avoid problems that we felt could defeat the end results we had hoped to achieve. It is our opinion that we have accepted the plan as proposed and do not desire any changes. If changes are made then it is further our feeling that we do not want this engrossed into an ordinance. Y