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ORD NO 20-1997 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. �I2 —1997 AN ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE REGULATIONS. WHEREAS, The state laws pertaining to the authority and obligations of the Civil Service Commission and operation of the civil service system, have been amended, and WHEREAS, The Civil Service Commission has meet and voted to apprl)ve the following amendments to the present civil service regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That in Article 1, Section 1, the last paragraph shall read as follows: "No person on said Commission shall hold, or be a candidate for, any political office under any national, state, county or municipal government or be connected in any way in any official capacity with any political party or political organization, and no such person as herein enumerated shall be eligible as a member of said Board of Civil Service Commissioners, who at the time of their election shall hold any office." SECTION 2: That Article 1, Section 2 shall read as follows: "The Board of Civil Service Commissioners shall annually, on the first Monday of May, mcet and select one (1) of the Commissioners to serve as Chairman of the Commission. The Chairman shall preside over all meetings of the Commission and be its executive officer and shall vote on questions before the Board. In the absence of the Chairman, the Board shall elect one of their number to act instead of the Chairman, and said member so elected shall be clothed with all the powers, rights, and duties of the Chairman during the absence of the Chairman. The Board shall also elect one (1) of its members as Secretary, who shall keep the books and records of the Board; conduct the correspondence of the Board; report the evidence in all trials or cause the evidence to be reported; act as Clerk when the Board is conducting a trial; work with and act as liaison to the city employee assigned to assist the Board; and perform any other duties that may be ordered by the Board and authorized by law. Three (3) of the members of the Board shall constitute a quoruru in any transaction. Except if the Commission decides otherwise, the City Attorney shall act as attorney for the Commission in all trials or other legal transactions. Provided, the Commission may appoint an attorney to represent the Commission if it so desires. The Commission shall review complaints filed by any citizen and promulgate rules for such reviews, including rules that give' the Commission authority to consider certain personnel issues in executive session, and to establish any necessary appellate procedure. In any investigation conducted by the Commission as provided by law, the Commission shall have the power of subpoena, to require the attendance of witnesses and the production of any papers or records pertinent to the investigation, and to administer oaths to the witnesses. In order to punish for contempt the nonattendance of witnesses, or the failure to produce books or papers, or misbehavior of any person during the investigation, the Commission may impose a fine not to exceed five hundred ($500.00) for each offense. The powers and duties of the Civil Service Commission shall be limited such that the Commission shall not have any control, nor shall the Commission attempt to exercise any control over, the normal and routine day -to -day operations of the police or fire departments, directly or indirectly." SECTION 3: That Article 111, Section 1 shall read as follows: "These Civil Service Regulations shall be effective and be in force as to all uniformed and non uniformed employees of the Police Department working either full or part -time in the existing and future positions of -Chief of Pa1Fee, Assistant Chief, Major, Captain, Lieutenant, Sergeant, Corporal, Police Officer, Detective, Dispatcher, Animal Control warden and Full -Time Secretary /Part -Time Dispatcher, with the exception that the position of Part -Time Police Officer II shall not be covered by these regulations. Advancement from the position of Part -Time Police Officer I1 shall not be accomplished by promotion. Any person holding the position of Part -Tine Police Officer II, who wishes to be appointed to the Police Department shall be subject to the procedure for appointment as set out in Article IV herein." SECTION 4: That Article IV, Section 1 shall read as follows: No person shall be eligible for appointment on the police department who has not arrived at the age of twenty -one (21) years. No person shall be eligible for appointment to any position on the fire department who has not arrived at the age of twenty -one years or who has arrived at the age of thirty -two years." SECTION 5: That Article IV, Section 6 shall read as follows: "After completion and grading of the written examination, all applicants for either the Police or Fire Departments who have passed the written examination, shall be required to take a physical agility test conducted by the respective departments. Failure to successfully complete the physical agility test shall disqualify a candidate from further consideration. In addition, all applicants for appointment to the Police Department, who have passed the written examination and physical agility test, shall be interviewed by the Police Department Review Board made up of one patrolman, one Corporal, one Sergeant and the Police Chief or his represen- tative, all appointed by the Police Chief, which shall question the candidates regarding any areas of concern and determine such things as the candidates motivation, demeanor, attitude and ability to communicate. An overall percentage rating of .less than seventy percent (70%) will disqualify a candidate e -from further consideration for employment with the Police Department. The Police Review Board shall report its evaluation to the Police Chief and the Civil Service Commission. Any score accumulated by the candidate during said interview shall not be combined or averaged with the candidate's score from the written examination. After completion of the written examination and physical agility test with reference to the Fire Department, and completion of the written examination, physical agility test and interview with reference to the Police Department, the Conunission shall compile an eligibility list for each department of candidates who have passed all of the respective tests. Said successful candidates shall be entered on the eligibility list in the order of their standing on the written examination." SECTION 6: That Article IV, Section h shall read as follows: "If identical scores are received on the written examination, all candidates receiving said score, and who also pass the physical agility test, and with reference to the Police Department, the interview, shall be eligible for certification to the respective chiefs at that score. EXAMPLE A: If three (3) candidates tie for the highest score, those three candidates shall be certified and appointment made therefrom. EXAMPLE I3: If four (4) candidates tic for the highest score, all four candidates shall be certified and appointment made therefrom. EXAMPLE C: 11' one (1) candidate receives the highest score and three (3) candi- dates tie for the next highest score, all four (4) candidates shall be certified and appointment made. therefrom. EXAMPLE D: If one (1) candidate receives the highest score, one (1) candidate receives the next highest score and three (3) candidates tie for the third highest score, all five (5) candidates shall be certified and appointment made therefrom." SECTION 7: That Article IV, Section 9 shall be deleted in its cn and the remaining Sections within Article IV shall be renumbered accordingly. SECTION R: That Article IV, renumbered Section 9, shall read as follows: "For the Police Department, after certification of the three (3) (or more in the event of identical scores) candidates standing highest on the eligibility list. and who have also passed the physic-al agility test and Police Department Review Board interview, the Chief of Police shall then select one (1) of the three (3) (or more) persons certified for tentative appointment and shall notify the Commission thereof. For the lire Department, after the certification of the three (3) (or snore) candidates standing highest on the eligibility list, and who have passed the physical agility test, the Fire Chief shall then select one (;I of the three (3) (or more) persons certified for tentative appointment and shall notify the Commission thereof." SECTION 9: That Article 1V, renumbered Section 11 shall read as follows: "After successful completion of all the require- ments set out herein, the individual shall be appointed as a Probationary Patrolman or Firefighter Trainee." SECTION 10: That Article IX, Section 2 shall read as follows: "Disciplinary action may include any of the following: oral reprimand; written reprimand to be placed in employee's employment records; disciplinary probation; suspension for not longer than thirty (30) calendar_ days, with or without pay; reduction in rank or compensation; and discharge." SECTION 11: if any portion or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other portions, provisions or applications of this Ordinance which can be given effect Without the invalid portion, provision or ;application, and to this end the various portions and provisions of this Ordinance are declared severable. SECTION 12: All previous ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. e PASSED AND APPROVED) THIS /S OF )p nf6,.t 1997. 0 1 V MAYOR ATi ES'1' t„Et?ttRKC`- RRE- URER 0