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HomeMy WebLinkAboutOrdinance-1998-1107 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 55 Ordinance No 1107 Series of 1997 TITLE AN ORDINANCE AMENDING SECTION 2~62(b) AND SECTION 19~29(c) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CIVIL SERVICE COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO Section Section 19-29(a) of the Wheat Ridge Code of Laws is amended to read as Id) Within ten WORKING (101 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 vmtten complaint requestmg a review of such order Such complalllt shall contain the name and address of the COlllplalllant, a description of the order complalllecl of, a brief summary of the claimant's objections to the department 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 clalrnant ^ cOP',' -of the COlllpkrt-nt f::h:J11 be--filod III the offico of tf"'o w-\{ :Jdnlllllstralor on the-- GJlllO d:'1'/~.th:Jt it ~s filed '~'ittl tho CI\:I~~eplice cOffim-tf:;sion. Secllol12 Sectloll 19-29Ib) of the Wheat Ridge Code of Laws is deleted Section 3 Section 19.29(ci of the Wheat Ridge Code of Laws is amended to read as Ib) Ie) Upon receipt of the COMPLAINT documcnts [rein the nt-Y ~lclmlnistr:Jtor :Jnd the chief of poliBe, the civil service commission shall set a hearing which shall be held not less thai I tell 1101 nor Illore than twenty WORKING (20) days from the date such COMPLAINT ~ is received The Civil service L.ommlSSlon shall specify whether or not the hearlllg will be publiC After the cJate has beell set, as herem provided, It IllclY only be CUlltllluecJ upurl agreement of all parties and clpprovdl of the CIVil service commission No continuance shall be granted over the objection of one (1) of the parties, except i,l I ;'i' -[1-1111 In the case of a dire emergency However, the agreement to a contllluallce requested by the complainant shall Ilot be 1I1lreasonably withheld by the department If It appears apparent that the complalllant needs the time requested to properly present his case At such hO::H1ng boforo tho cIvil sor'/Ico LUlllllllSSlon, tho cOIl~pl:Jin::lIlt, in purson or by ropresent:Jtive, fll~IY offor o\'ldoIlCO III support of tho obJoctlons cont:Jined In his compl:Jint. The city :Jdministr:Jtor :Jnd chief of police, tffiough the office of the city :JttortleY :JS counsel, sh:J1I offer ~ce :Jlld justlflc:Jtion of the dep;1rtment;11 ;1ction. The hearing shall be recorded, EITHER ELECTRONICALLY OR STENOGRAPHICALLY :Jnd ;1 full record m:Jde The civil service L.ommlSSlon shall, by ItS rules, provide that a hearing may be cOIllJuctecl by a majority of the members of the commission Section 4 Section 19-29(di of the Wheat Ridge Code of Laws IS amended to read LiS (e) In revieWing the disciplinary action, the civil service commiSSion shall give due weight to the necessity for mallltaining administrative control of the police department by the chief of such department The commission shall ':IQ,,,.thg.full rQcmd befom It and shull make writtell findingS affirming, reversing or modif','iRg Qi~tplll:Jr.,. :JBtIOIl, In whole @f In p;1rt REMANDING THE MATTER TO THE DEPARTMENT WITH SUGGESTIONS The deCISion of the commission shall be cOllcurred in by a majority of 1# members PRESENT AT THE HEARINGi vvho f::fl3U reduco it to-,-'~lrlting a~ m311 :)- 00fJY to the G-i-t-y Jdminif::trator to the-chiof of PQlico Jnd to tho ~j~ Section 5 Safety Clause The City Council hereby finds, determines, and declares tlldt thiS Orclllldllce IS promulgated under the general pollee power of the City of Wheat Ridge. that It IS prolllul~Jated for the health, safety, and welfare of the public and that this Orcllnallce IS Ilecessary for the preservation of health and safety and for the protection of publiC COllvenlence ami welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 6 Severabilitv. Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordlllance :Irfe hereby repealed Section 7 Effective Date /"'1 '1~ y:" 1. t"1'r , This Ordinance shall take effect :JG prevl-''''rl b.y-~ 6+tLl,tc;r \l}!..~\ tt'~l'(,('_ rf:..~J\. 1111) 'II~ ~ ~ -] i i j III INTRODUCED, READ, AND ADOPTED on first readlllg by a vote of 7 to 0 on this :U. dClY at December, 1997, ordered published in full in a newspaper of general circulation In the City ot Wheat Ridge and Public Hearing and consideration on final passage set for JClllUclrY 26 1998, at 700 u'cluck p III In the Council Chambers, 7500 West 29th AV(~IIUe, Wheen Rldlj8 Colorado On ,January 26, 1998, the hearlllg was conducted and cOllcluded, and tile bill was postponed to February 9,1998, tor filial action f'\EAD, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote ot .a to 0, this 9th day of February " 1998 SIGNED by the Mayor 011 thiS 13th day of February , 1998 ATTEST / 1/ , r I, I JL L_,-, f(~:;'! /<-11( WANDA SANG, Cln_.k~RK ,/ First Publication January 2, 1998 Second Publication February 20, Wheat Ridge Transcript Effective Date March 7, 1998 1998 I II II , ,11_ ~ ) -] I'll "I