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Wheat Ridge is hereby repealed and reenacted as follows: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
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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,
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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
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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
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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
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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.
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(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
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