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HomeMy WebLinkAboutOrdinance-1991-0877 INTRODUCED BY COUNCIL MEMBER SHANLEY ORDINANCE NO. 877 Series of 1991 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 2-62 AND SECTION 19-2l THROUGH 19-29 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 2-62 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section l. (a) Examination and certification of applicants for position or promotion: (1) All examinations for initial hire shall be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. All testing and screening procedures for initial hire, including lateral entry shall be determined jointly by the chief of police and the civil service commission, in keeping with modern personnel screening practices, in compliance with current federal and state guidelines regarding hiring, as appropriate, and in compliance with the City of Wheat Ridge Civil Service Commission Policies and Procedures. ( 2) For entry level positions as deemed appropriate by the chief of police, the first step in the screening process, following application, may be a prescreening interview to be conducted by two (2) members of the police department as appointed by the chief of police. The function and purpose of this oral interview will be to screen out unacceptable candidates based upon a set of specific standards formulated by the chief of police and the civil service commission, and as such, members assigned to the prescreening interview shall have the authority to drop the candidate from further consideration in the event that the candidate fails to meet the minimum standards as established. If at any time during the hiring process information is developed to indicate that the candidate does not meet the minimum standards as established by the civil service commission, and upon consent of the chief of police, the candidate shall be dropped from further consideration at this time. (3) The final selection oral board for entry level police officer and all other entry level positions, as deemed appropriate by the chief of police and the civil service commission, shall be convened by the Civil Service Commission. All members of the final selection oral board shall be equal voting members. ( 4 ) Upon administrator's completion of the personnel assistant screening process shall prepare a the city list of 1 candidates who have satisfactorily passed the entire examination in the order in which their grades have placed them. This list of the candidates shall be certified by the chairman of the civil service commission or his designee and then shall be submitted to the chief of police for processing. The chief of police, with approval of the city administrator, after having received a list or lists duly certified, shall hire candidates from the list or lists 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 (3) remaining candidates on the current eligibility list or lists for the particular job class or rank. The chief of police may hire candidates for the position of police officer from either the entry level eligibility list or the lateral entry eligibility list. The chief of police and the chairman of the civil service commission, with approval of the city administrator, shall designate those persons who shall serve on the various phases of the screening process; however, due to the chief's ultimate hiring authority, he shall not directly participate in the actual screening of any given group of candidates prior to his receiving the certified list of eligible candidates. (5) The civil service commission shall be responsible for establishing the minimum qualifications and for conducting the examination and certification of all applicants for promotion within the classified service of the police department. Eligibili ty 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 or as specified in civil service commission policies and procedures. 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 open recruitment, relax the requirements of length of service, or designate additional ranks or grades who may be eligible for that particular examination only. 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 priority order in which the names appear. (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, 2 may make use of existing city facilities, dictate, temporarily use other city commission in performing its duties. and as circumstances might employees to assist the (c) Political activity. The City of Wheat Ridge, Colorado, as a home rule municipal corporation possessing the powers and authorities reserved and granted pursuant to Article XX of the Constitution of the State of Colorado, hereby determines not to adopt the provisions of C.R.S. 31-30-105 relating to political activities. Rather, all political activities engaged in by persons employed by and within the Wheat Ridge Police Department shall be governed by the provisions of the personnel policies and procedures of the City of Wheat Ridge, as adopted from time to time. Violation of said procedures shall be grounds for discipline as provided in said personnel policies and procedures, and may additionally be prosecuted as a violation of this Code of Laws, with a violation thereof resul ting in imposition, upon a finding of guilty or a plea of no contest, of the penalties provided in section 1-5 of this Code of Laws. Section 2. Sections 19-2l through 19-29 of the City of Wheat Ridge Code of Laws is hereby repealed and reenacted. Sec. 19-21. 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. Sec. 19-22. Same-Classified service. ( a) 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 subj ect to civil service regulations. Any posi tions shall be thereafter abolished by affirmative votes of a majority of city council. (b) Posi tions allocated to such grade or rank may only be filled pursuant to civil service commission policies and procedures. Sec. 19-23. Original appointment; probationary period. (a) Every original appointment in the classified service shall be for one (l) 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 3 service, except that the probationary period may be extended for a period not to exceed six (6) months. 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, promotion, 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 19-24. Armed forces service. Involuntary service in the armed forces of the United States shall be deemed and considered active service in the classified service of the police department, if performed by a member of such department and while a member thereof; provided that, after his discharge from such service, he has been readmitted to active service in such department within such time and under such conditions as are, or may be provided for, by the rules of the civil service commission. If any period of probation following an original appointment is interrupted by such service and the appointee is thereafter readmitted to active service, he shall complete the remaining portion of such period of probation before being permanently appointed or before such appointment is made permanent. Any chief of police, who is also a member of the classified service of the police department, shall be entitled to the same service provisions as hereinabove outlined. Sec. 19-25. 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 4 and for promotion, must be promulgated without any reference to poli tical 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 positions as certified by the civil service commission. The person so appointed shall complete a probationary period after appointment of one (1) year's 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 section 19-26. Sec. 19-26. 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. Sec. 19-27. Organizational chart; creation of and filling vacant positions; eligible lists. (a) 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 wi th authority vested in them, determine thereafter the number of posi tions to be allocated, based upon the budget available to such department. (b) 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 section 2-62 of this Code and with the terms of the section. (c) All eligible lists, for both original appointment and for promotion to positions in the classified service of the department, shall expire after one (1) year; except, that the chief of police wi th the approval of the civil service commission, may extend an eligibility list for a maximum of three (3) months. Sec. 19-28. 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 reimburse the city for losses or damages, or issued a written reprimand for violations of such rules and regulations, and 5 in accordance with the procedures as set forth in said rules and regulations. 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. Sec. 19-29. Complaint requesting review; hearing. (a) Within ten (lO) working 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, a brief summary of the claimant's obj ections to the departmental order, a statement saying what action the claimant would like the civil service commission to consider and order, the name of the claimant's representative, if applicable and the signature of the claimant. 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. (b) The city administrator and the chief of police shall, within five (5) 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 wri tten report in support thereof, and any written answer and/or affidavits which may have been filed by the person affected. Those documents shall constitute a part of the record of the proceedings before the civil service commission. (c) Upon receipt of the documents from the city administrator and the chief of police, the civil service commission shall set a hearing which shall be held not less than ten (10 days nor more than twenty (20) days from the date such 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 (l) 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 representative, may offer evidence in support of the objections contained in his complaint. The city administrator and chief of police, 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. 6 (d) 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 police, and to the complainant. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. 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 property legislative object sought to be attained. Section 5. This ordinance shall become effective one (l) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of Auqust , 1991, 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 September 23 ,1991, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 23rd day of September 1991. SIGNED by the Mayor on this 24th day of September 1991. J Dan Wilde, Mayor ATTEST: / '/ ~,~ t ~'f)i:;'t.C(.,~2YLU" e' Wanda Sang, City slerk lst Publication: 2nd Publication: Effective Date: September 4, 1991 October 3, 1991 October 4, 1991 JOhi' Hayes, BY OFFICE APPROVED AS OF CITY l)1T // ,I 7