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HomeMy WebLinkAboutOrdinance-1983-0552INTRODUCED BY COUNCILMEMBER DAVIS ORDINANCE NO. 552 Series of 1983 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING PROVISIONS TO AND REPEALING CERTAIN SECTIONS OF CHAPTER 2 AND CHAPTER 18 THEREOF, RELATING TO THE CIVIL SERVICE COMMISSIONS AUTHORITY AND DUTIES, ESTABLISHING "THE RULE OF THREE" AS IT RELATES TO SELECTION OF CANDIDATES FOR EMPLOYMENT BY THE POLICE DEPARTMENT, ESTABLISHING ALL PERMANENT EMPLOYEES OF THE POLICE DEPARTMENT OTHER THAN THE CHIEF OF POLICE AS CIVIL SERVICE EMPLOYEES AND MEMBERS OF THE CLASSIFIED SERVICE, REVISING PROBATIONARY PERIODS FOR ORIGINAL HIRE AND PROMOTION WITHIN THE DEPARTMENT, AND REPEALING CERTAIN SECTIONS NO LONGER DEEMED NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF THE POLICE DEPARTMENT. WHEREAS, the City Council of the City of Wheat Ridge has legislatively determined the need for all permanent employees of the Police Department to be covered by one uniform Civil Service System to promote uniformity in personnel practices; WHEREAS, the City Council has legislatively determined that it is in the best interest of the Police Department and the City as a whole to provide the Chief of Police wider discretion in the selection of entrance level employees, and that the "Rule of Three" promotes that best interest; WHEREAS, the City Council has legislatively determined that further delineation of the roles and authorities of the Chief of Police, the Civil Service Commission, the Mayor, and the City Administrator would assist in the expeditious and efficient handling of various Departmental and City concerns; WHEREAS, the City Council has legislatively determined that certain sections of Chapter 18 of the City of Wheat Ridge Code of Laws are no longer necessary for the administration of the Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 2-26 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 2-26. Civil Service Commission. Scope of authority; Duties and responsibilities; Procedures and administration of hearings. (a) Examination and certification of applicants for position or promotion. The Civil Service Commission shall be responsible for examination and certification of all applicants to positions in the classified service of the Police Department. They shall determine qualifications for and exams for promotion within the classified service of the Police Department. Eligibility for taking a promotional examination shall be from those members of the Department who are certified to the rank or grade immediately below the rank or grade for which they are being examined, except for the rank of Police Sergeant, for which position Police Officer II with the proper length of service in grade shall be eligible. In the event that the Civil Service Commission shall determine that there are no qualified members in the classified service to take a promotional examination the Civil Service Commission may undertake either open recruitment or designate additional ranks or grades who may be eligible for that particular examination only. PAGE TWO All examinations for promotion shall be competitive among such members of the Department as are qualified and desire to submit themselves to examination. The Commission shall submit to the Chief of Police the list with the names of all members who have satisfactorily passed the entire examination, in the order in which their grades have placed them, and the Chief of Police, after having received a list duly certified, shall make promotions therefrom in the order in which they appear. All examinations for initial hire shall be competitive among such candidates as are qualified, and who have submitted all appropriate and complete applications and other credentials. The Commission shall submit to the Chief of Police the list with the names of all candidates who have satisfactorily passed the entire examination, in the order in which their grades have placed them, and the Chief of Police, after having received a list duly certified, shall hire a candidate from the list on the basis of the "Rule of Three". The "Rule of Three" whenever referenced in connection with this Chapter shall indicate the initial hiring of a candidate from among the top three remaining candidates on the current eligibility list for that particular job class or rank. (b) Rules: Investigations: The Commission shall have the power to make and enforce rules for the purposes of carrying out the provisions of this article, which rules shall be printed for distribution and a copy provided for each member of the classified service. The Commission shall have the power to investigate all breaches of this article and conduct hearings in disciplinary matters as herein provided, and while conducting such an investigation or hearing, the Commission shall have the authority to compel the attendance of witnesses and the production of books and papers. The Civil Service Commission, with approval of the City Administrator, may make use of existing city facilities and, as circumstances might dictate, temporarily use other City employees to assist the Commission in performing its duties. (c) Political activity. As required by section 31-30-105 of the Colorado Revised Statutes 1973, the following sections are hereby adopted: (1) No person holding office or place in the Police Department, placed by the legislative body under the civil service system pursuant to the provisions of this article, shall seek or accept election, nomination or appointment as an officer of a county or municipal political club or organization, or take an active part in a county or municipal political campaign, or serve as a member of a committee of such club or organization, or circulate or seek signatures to any petition provided for by lawon county or municipal issues, or act as a worker at the polls, or distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election, or for nomination to a public office, whether county or municipal. Nothing in this article shall be construed to prevent any such officer or employees from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote. (2) Any willful violation of this section, or violation through culpable negligence, shall be sufficient grounds to authorize the discharge of any Police Department employee." Section 2. Section 18-3 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-3. Rules and Regulations. The Police Department shall be operated and managed in accordance with such Departmental Rules and Regulations as may from time to time be adopted by the Chief of Police with the approval of the City Administrator". PAGE THREE Section 3. Section 18-8 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 4. Section 18-11 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-11. Appointment and powers of special and reserve police. The Chief of Police, upon the approval of the City Administrator, may appoint special police officers as he may deem necessary during times of emergency. Such appointments shall not exceed seven days without approval of the City Council. The Chief of Police, with the approval of the City Administrator and City Council, may appoint such number of special police officers as he deems necessary to serve upon days of election, public celebration and holidays; and such special police officers shall have and possess all arrest powers of regular police officers during the time for which they are serving under appointment to active duty. The Chief of Police may appoint such number of Reserve Police Officers as authorized by City Council, and such Reserve Police Officers shall have all the arrest powers of regular police officers. However, Reserve Police Officers shall not have the pay, retirement, fringe benefits or privileges conferred on behalf of regular police personnel of the City." Section 5. Section 18-12 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-12. Police Department - Composition; Duties. The Police Department shall be composed of the Chief of Police who shall be appointed by the City Administrator, and such subordinate officers and personnel as shall be authorized by City Council as necessary to preserve the peace, protect persons and property and enforce laws and ordinances. All regular paid members of the Police Department other than temporary or contract labor and except the Chief of Police shall be determined to be members of the classified service, and shall be appointed pursuant to civil service requirements." Section 6. Section 18-13 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-13. Same - Classified service. The classified service of the Police Department shall consist of all regular paid members of the Police Department other than temporary or contract labor and the Chief of Police. Positions within the classified service may be created or added by an affirmative vote of a majority of the members of Council, and upon creation shall become subject to Civil Service regulations. Any positions shall be thereafter abolished by affirmative votes of a majority of City Council. Positions allocated to such grade or rank may only be filled pursuant to Civil Service examination and certification." Section 7. Section 18-14 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 8. Section 18-15 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 9. Section 18-16 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 10. Section 18-17 of the Code of Laws of the City of Wheat Ridge is hereby repealed. - - PAGE FOUR Section 11. Section 18-18 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-18. Original appointment; Probationary period; Grounds for separation during probationary period. (a) Every original appointment in the classified service shall be for one year at the end of which time, if the conduct and capacity of the person appointed has been satisfactory, he shall be permanently appointed; otherwise he shall be removed from the service, except that the probationary period may be extended for a period not to exceed 90 days. Service during the period of probation following an original appointment shall be deemed active service in the classified service of the department and shall be included and counted in determining eligibility for advancement, promoton, retirement, pension, increased salary or compensation based on length of service and other benefits of the classified service. A member of the Police Department is, during the period of probation following original appointment, a member of such department in the classified service for all purposes, except for tenure of the employment or position to which he has been so appointed. (b) Any member of the Department while serving during the probationary year following initial appointment may be dismissed from the Department at any time by written notification by the Chief of Police, indicating the date of separation. Such dismissal shall occur with the approval of the City Administrator. (c) An entry level police officer shall be classified as a Police Officer I. A police officer having successfully completed his one-year probationary period shall be automatically promoted to the rank of Police Officer II. (d) When the work force in the Department is reduced, the person last certified to the section facing reduction shall be the first laid off; and when the work force in that section is increased, the persons laid off shall be reinstated in the order of their original certification; and, for the purposes of determining tenure and longevity, all time served, whether or not interrupted, shall be computed." Section 12. Section 18-20 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-20. Promotion. All positions above those of entry level, except for the rank of Police Officer II, shall be filled by promotion of eligible candidates within the Police Department, under such service requirements and examination procedures as shall hereafter be established by the Civil Service Commission; provided that, all such rules and regulations outlining qualifications and service requirements, for both applicants for original appointment and for promotion, must be promulgated without any reference to political or religious opinions or affiliations, or race, creed or color. All promotions shall be made by appointing the first person on the eligibility list for the position as certified by the Civil Service Commission. The person so appointed shall complete a probationary period after appointment of one years duration, at the end of which period he shall either be permanently appointed to such position or demoted to his former position, in accordance with the procedure in 18-21." Section 13. Section 18-21 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: _ _ PAGE FIVE "Sec. 18-21. Demotion. In the event a member, having been duly certified and promoted, fails to satisfactorily perform the duties of the position to which he was promoted, in the opinion of the Chief of Police and the City Administrator, the Chief of Police shall prepare a written order of demotion, filing the original with the Civil Service Commission and serving a copy on the affected member. The order of demotion shall state as specifically as possible the reasons such member did not satisfactorily perform his duties and shall be approved by the City Administrator." Section 14. Section 18-22 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-22. Organizational chart; creation of and filling vacant positions; eligible lists. The Chief of Police, with approval of the City Administrator, shall annually, at budget time, supply City Council with an organization chart setting forth the number of positions in the classified service which will be necessary to perform the duties assigned to the Department. The City Council shall, in accordance with authority vested in them, determine thereafter the number of positions to be allocated, based upon the budget available to such Department. Nothing in this provision shall prevent City Council from creating new positions at any time as the needs of the Department may require. However, any new positions so created shall be filled in accordance with Civil Service Commission requirements and with the terms of this section. All eligible lists, for both original appointment and for promotion to positions in the classified service of the Department shall expire after one year; except, that in the case of a promotional eligibility list, if there is an impending vacancy in the grade or rank for which the list was created, at the discretion of the Chief of Police and with the concurrence of the Civil Service Commission, said eligibility list may be extended for a maximum of 90 days." Section 15. Section 18-23 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-23. Discipline - Generally. The rules governing the conduct of the members of the classified service in the Police Department shall be set forth as written rules and regulations by the Chief of Police; provided however, that such rules and regulations shall not contain any political, religious, race or creed qualifications or disqualifications. Any member of the classified service shall be subject to discipline, including without limitation, dismissal from the Department, demotion in rank or grade, suspension from duty, required to work days off, required to reimburse the City for losses or damages, or issued a written reprimand for violations of such rules and regulations, and in accordance with the procedures as set forth in said rules and regulations. Further, the Chief of Police shall have the authority to suspend indefinitely, with or without pay, any member pending the outcome of an investigation, pending an appeal, or pending the outcome of a criminal prosecution arising out of or in connection with any allegation of violation of the Departmental Rules and Regulations." Section 16. Section 18-24 of the code of Laws of the City of Wheat Ridge is hereby repealed. Section 17. Section 18-25 of the code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: PAGE SIX "Section 18-26. Complaint requesting review; hearing. Within ten days from the date of service of a departmental disciplinary order the member of the classified service against whom such order has been issued may file, with the civil service commission, a written complaint requesting a review of such order. Such complaint shall contain the name and address of the complainant, a description of the order complained of and a brief summary of the claimant's objections to the departmental order. A copy of the complaint shall be filed in the office of the City Administrator on the same day that it is filed with the Civil Service Commission. The City Administrator and the Chief of the department shall, within five calendar days from the date of receipt of a copy of such complaint, transmit to the office of the civil service commission a complete copy of the specification of charges and the written report in support thereof, and any written answer and/or affidavits which may have been filed by the person affected. These documents shall constitute a part of the record of the proceedings before the civil service commission. Upon receipt of the documents from the City Administrator and the Chief of the police department, the Civil Service Commission shall set a hearing which shall be held not less than ten days nor more than thirty days from the date said report is received. The Civil Service Commission shall specify whether or not the hearing will be public. After the date has been set, as herein provided, it may only be continued upon agreement of all parties and approval of the civil service commission. No continuance shall be granted over the objection of one of the parties, except in the case of a dire emergency. However, the agreement to a continuance requested by the complainant shall not be unreasonably withheld by the department if it appears apparent that the complainant needs the time requested to properly present his case. At such hearing before the Civil Service Commission, the complainant, in person or by counsel, may offer evidence in support of the objections contained in his complaint. The City Administrator and Chief of the police department, through the office of the city attorney as counsel, shall offer evidence and justification of the departmental action. The hearing shall be recorded and a full record made. The civil service commission shall, by its rules, provide that a hearing may be conducted by a majority of the members of the commission. In reviewing the disciplinary action, the Civil Service Commission shall give due weight to the necessity for maintaining administrative control of the police department by the chief of such department. The Commission shall view the full record before it and shall make written finding affirming, reversing or modifying disciplinary action, in whole or in part. The decision of the Commission shall be concurred in by a majority of its members, who shall reduce it to writing and mail a copy to the City Administrator; to the Chief of the police department, and to the complainant. Section 19. Section 18-27 of the code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Sec. 18-27. Judicial review of disciplinary action. Either the member of the classified service affected, or the City Administrator, may seek a judicial review of the finding and decision of the Civil Service Commission by certiorari in accordance with the Colorado Rules of Civil Procedure then in effect. All such actions for a review of the finding and the decision of the Civil Service Commission shall be brought within thirty (30) days of the decision PAGE SEVEN of the Civil Service Commission, and if such action is not brought within such time it shall be forever barred. Judicial review proceedings hereunder shall not be further than to determine if the Civil Service Commission has exceeded its jurisdiction or abused its discretion under the provisions of this article and the statutes of the state." Section 20. Section 18-28 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 21. Section 18-29 of the Code of Laws of the City of Wheat Ridge is hereby repealed. Section 22. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 23. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 24. This ordinance shall take effect 15 day(s) after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 7 to 1 , this 10th day of October , 1983; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 24 , 1983, 7:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final by a vote of 5 to 2 , this 24th day of October SIGNED by the Mayor this 25th day of October 1983. reading 1983. Frank Stites, Mayor ATTEST: i Wanda Sang, City C1,~Fk 1st publication October 2nd publication October Wheat Ridge Sentinel Effective date: November APPROVED AS TO FORM BY OFFICE OF G-1 TY- ATMRNEY 13, 1983 27, 1983 10, 1983 ti