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ORD NO 11-2025 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.�-2025 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE RULES AND REGULATIONS. WHEREAS, the Van Buren Civil Service Commission has identified the need to amend certain policies listed in the Van Buren Civil Service Rules and Regulations; and WHEREAS, the proposed amendments herein, promote and protect the fairness and independence of the promotion process in the police department; and WHEREAS, the Van Buren Civil Service Commission has voted to approve the following amendments to the Van Buren Civil Service Rules and Regulations. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The Van Buren Civil Service Rules and Regulations are hereby amended as follows: • Article IV: Probationary Appointment Policy— Section 14: ProbationM gp_pointments to the Police Department will not be complete for two (2) years from the date of hire. • Article VII: Promotional Policy— Section 11: A promotion to any rank in service will not be complete for a period of six (6) months for the Fire Department, and for a period of twelve (12) months for the Police Department IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and against,the foregoing Ordinance at its regular meeting held on the 22nd day of September 025. G�erk Tress 19, Joseph . urst City of Van Buren ayor ATTESTED: d y�y APP FORM: --_ =- County,p,' a " Shawnna Reyn ld owell v City Clerk/Treasurer City Attorney Stricken language would be deleted from and underlined language would be added to present law. Act 751 of the Regular Session 1 State of Arkansas As Engrossed: H413125 2 95th General Assembly A Bill 3 Regular Session,2025 SENATE BILL 374 4 5 By: Senator B. Davis 6 By: Representative Wing 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND THE LAW CONCERNING THE CIVIL SERVICE 10 SYSTEM; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING THE CIVIL 15 SERVICE SYSTEM. 16 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 19 SECTION 1. Arkansas Code § 14-51-301(b) (3) , concerning the rules and 20 regulations governing examinations for fire departments and police 21 departments, is amended to read as follows: 22 (3)(A) Public advertisement of all examinations by publication of 23 notice in some newspaper having a bona fide circulation in the city and by 24 posting of notice at the city hall at least ten (10) days before the date of 25 the examinations. 26 (B)(i) The examinations may be held en the first Monday in Aril or 27 the firstMonday i ne_teber, or both, and —are often if neeessary under e 28 rrn nnd regulations as may—be—preseribed by the—bsard shall be held as 29 needed by the chief of the fire department or police department who shall 30 determine the: 31 (a) Time of the exams; 32 (b) Date of the exams; and 33 (c) Frequency of the exams. 34 (11) The commission shall have only an indirect role 35 in an examination under subdivision (b)(3) (B)(i) of this section, which 36 excludes the commission from: IIII�III�III�IIIIIIIIII�IIIIIIII 04-03-2025 10:49:13 SSS094 As Engrossed: H4/3/25 SB374 1 (a) Engaging in interviews; or 2 (b) Proctoring exams. 3 (111) The commission may observe an examination 4 under subdivision (b) (3) (B) (i) of this section so long as the commission does 5 not interfere with the examination schedule set by the chief of the fire 6 department or police department; 7 8 SECTION 2. Arkansas Code § 14-51-301(b) (4)(A)(i)(b) , concerning the 9 rules and regulations related to the creation of an eligibles list for fire 10 departments and police departments, is amended to read as follows: 11 (b) If the board creates an eligibles list on 12 an as-needed basis and a vacancy is created as a result of death, 13 termination, resignation, demotion, retirement, or promotion, the chief of 14 the fire department or police department shall notify the head commission 15 within five (5) business days, and the bear-d allBehed-i-lre of the scheduling 16 of an examination to establish an eligibles list from which an appointment or 17 promotion shall be made unless the position is determined to be eliminated or 18 not funded by the governing body of the city. 19 20 SECTION 3. Arkansas Code § 14-51-301(b) (7) (A) , concerning the rules 21 and regulations governing fire departments and police departments, is amended 22 to read as follows: 23 (7) (A) A period of probation not to exceed eighteen (18) months 24 for potential fire department appointees and at least one (1) year but no 25 longer than two (2) years for potential law enforcement appointees before any 26 appointment is complete and 64*-- 6 - twelve (12) months before any promotion 27 is complete. 28 29 Is/B. Davis 30 31 32 APPROVED: 4/17/25 33 34 35 36 2 04-03-2025 10:49:13 SSS094 i ARTICLE IV: PROBATIONARY APPOINTMENT POLICY SECTION 1: 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 (21)years or who has arrived at the age of thirty-five (35)years,or as otherwise provided under Ark.Code Ann. § 14-51-301(b). Provided, however, the maximum age limit for appointment to any position within the Fire Department shall not i apply to any person who has at least two (2)years of previous experience as a paid firef igh ter with another fire department and whose years of experience as a paid firefigh ter when subtracted from the person's age leaves a remainder of not more than thirty-two (32) years, or any person who is applying for a position within the Fire Department in which the primary functions of the job involved duties administrative, managerial,or supervisory in nature. SECTION 2:All appl ica n ts for appoi n tmen t,upon the filing of their applications, shall be s furnished a copy of their appropriate job description. A copy of the Civil Service Regulations will be provided to an applicant for appointment upon request. SECTION 3:All applicants for appointment must file, along with their applications, a ; copy of their birth certificate, a copy of their high school diploma or General Educational Development(GED)Certificate.This requirement may be waived if these documents are already on file with the Department for which the applicant is seeking appointment. All applicants shall be required to present their driver's license at the site of the written examination and physical agility tests for identification purposes. SECTION 4:All applicants for appointment shall meet the requirements set out in the job description furnished them at the time of the filing of their application. SECTION 5: To be considered for appointment, all applicants for appointment must complete the requirements of Article IV, Sections 1,3, and 4 and receive a passing grade of sixty (60) points out of a possible one hundred (100)points on the written examination administered by the Commission. SECTION 6:All applicants for either the Police or Fire Departments4, shall be required to take a physical agility or position appropriate skills-related test and to submit to a background check.Applicants are permitted to take the physical agility or skills-related test a maximum of two times in order to pass, if needed. The attempt of the second test will beat the discretion of the department representative. Failure to successfully complete the physical agility or skills-related test and/or a deficiency in the applicant's background check shall disqualify a candidate from further consideration during that examination period. In addition,all applicants for appointment to the Police Department as a patrol officer,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 representative, all appointed by the Police Chief. All applicants for appointment to the Fire Department shall be interviewed by the Labor/Management Committee.The Review Board or Labor/Management Committee shall question the candidates regarding any areas of concern and determine such things as the candidate's motivation, demeanor, attitude and ability to communicate. An overall percentage rating of less than seventy percent (70%) will disqualify a candidate from further consideration for employment with the Police Department or Fire Department.The Police Review Board and the Labor/Management Committee shall report their evaluations to their respective 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, background check and physical agility test,the Commission 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 order of their standing on the written examination. SECTION 7:When a position becomes vacant, the Commission shall certify to the Chief of the respective Department the three (3) candidates standing highest on the eligibility list otherwise available and qualified for appointment to the rank of service, an d tentative appointment shall be made by the Chief from those so certified. After selection of an individual for appointment, all remaining applicants for appointment, including those certified but not selected by the Chief will remain on the eligibility list.The applicant selected for appointmentwill be given notice that they shall have ten (10)days from the receipt of the notice to accept the appointment. If unable to reach the candidate by oral or electronic notification,the candidate will be notified by certified mail. Failure to accept appointment shall result in forfeiture of all rights under said eligibility list, unless the individual makes written application to the Commission within such ten (10)days period and receives, at the discretion of the Commission, additional time in which to accept the appointment. Such request shall not constitute a grievance request. If the individual accepts the notice in person and by written signature,the requirement of notice by Certified Mail may be dispensed. SECTION 8: If identical scores are received on the written examination, all candidates receiving said score, and who also pass the physical agility test,and the interview process, 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 (3) candidates shall be certified and appointment made therefrom. EXAMPLE B: If four(4) candidates tie for the highest score, all four(4) candidates shall be certified and appointment made therefrom. EXAMPLE C: If One (1) candidate receives the highest score and three (3)candidates 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. i SECTION 9: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 physical agility test, background test, and interview process, the Chief of the respective department shall then select one (1)of the three (3)(or more) available and qualified persons certified for tentative appointment and shall notify the Commission thereof. SECTION 10: After an applicant has been tentatively appointed, that individual must submit to a physical examination,and drug screen. Applicants seeking employmentwith the Police Department must also submit to a polygraph or Computer Voice Stress Analysis(CVSA)examination.Individuals tentatively appointed to the Police Department shall be fingerprinted and photographed and must undergo a psychological examination and interview, successfully completing both. SECTION 11: After successful completion of all the requirements set out herein,the individual shall be appointed as a Probationary Patrol Officer or Firefighter Trainee. Each Probationary Patrol Officer or FirefighterTrainee upon appointment shall receive a copy of the Civil Service Regulations. i SECTION 12: In the event there are two (2)vacancies to be filled,the first position shall be filled according to the procedures set out by these Regulations.Afterthe filling of the i first position, then the Commission shall recertify those candidates remaining from the initially certified group of three (3)and shall also certify the candidate(s)next on the eligibility list. 3 i SECTION 13: In the interest of public safety, an "emergency hiring process" may be declared by the Chief of Police when a normal examination process cannot be completed in time to fill vacancies in a timely manner. If an emergency hiring process is declared by the Chief of Police, the chief shall promptly provide written notice of such declaration to the Chairperson of the Civil Service Commission. Upon request of any Civil Service Commissioner, a special meeting of the Civil Service Commission shall be called and the Civil Service Commission shall either approve such emergency hiring process declaration or shall direct that such emergency hiring process shall not occur, but in the absence of any such request by a Civil Service Commissioner made within five (5) business days after written notice of such emergency hiring process declaration to the Office of the Chief of Police, such emergency hiring process shall be conclusively deemed to be approved by the Civil Service Commission. An emergency hiring process shall include the same processes required during a normal examination process. Only applications from individuals who are full-time, state certified officers from any state shall be accepted during an emergency hiring process. The emergency hiring process shall be utilized only for gathering applicants for entry-level, patrol positions within the Department. The emergency hiring process may begin whether there is or will be a normal examination process overlapping with the emergency hiring process or not. Regardless of the type of eligibility list, when two hiring lists exist, the Chief of Police shall use his/her discretion when determining which list to hire from. Regardless of which hiring list is used, the process as defined in Section 7 shall still apply. All efforts will be made to avoid the need for an emergency hiring process, to maintain the integrity of the normal examination process, but the Civil Service Commission recognizes that hiring and training standards set forth by the Commission on Law Enforcement Standards and Training (CLEST) combined with a lengthy hiring process can create very long periods of time during which hiring cannot occur; thereby creating critical staffing levels. SECTION 14: Probationary appointments to police department will not be complete for two (2) years from the date of hire. 4, # ARTICLE VII: PROMOTIONAL POLICY SECTION 1: Promotions shall be based upon open, competitive examinations of efficiency, character and conduct. Examinations shall be in the form of a Civil Service written examination,oral review board, and Departmental Performance Evaluations. The Performance Evaluation shall be conducted by supervisors selected by the respective Chief,who are senior in rank to the persons being evaluated and such evaluation shall be of the examinee's proficiency, character and conduct.The Civil Service Commission shall establish the measurable standards capable of review of said evaluations.Applicants must first achieve at least a minimum passing score on the Civil Service written examination in order to be considered for promotion.Those applicants who, by their passing score on the Civil Service written examination, are qualified to take the Fire Departmental Examination and the Police or Fire Department Performance Evaluations,must achieve at least a minimum total score from the tests and evaluations to be eligible for promotion. i SECTION 2: For the Police Department, a score of not less than sixty(60) points of a possible one hundred (100) points on the Civil Service written examination must be achieved in orderforan applicant to pass the Civil Service written examination and to be considered for promotion. In order to pass the Police Department Performance Evaluation,the applicant cannot have one or more of"Does Not Meet Expectations or Standards"scored on his or her Performance Evaluation in order to be eligible for promotion. SECTION 3: For the Fire Department, promotional examinations may consist of a Civil Service written examination, a Departmental performance evaluation and oral performance evaluation, and service credits (service credits are earned at a rate of point zero eight three-three (.0833) point per month per in rank service through the rank of Captain up to a maximum of twenty(20)service credit points that can be accumulated). The Civil Service written examination shall consistof fifty(50) questions prepared by the Commission so that each applicant shall have the possibility of scoring a maximum of one hundred (100)points.A passing score of sixty(60)points must be achieved on the Civil Service written examination for an applicant to be considered for promotion.The Departmental performance evaluation and oral performance evaluation shall each have a maximum score of thirty(30) points each for a total of sixty (60)points. A composite of these two evaluations shall equal sixty percent(60%),or shall be thirty-six(36)points of the sixty(60) points possible. A minimum total point score of ninety-six (96)out of a possible one hundred sixty (160)points from the Civil Service written examination and the Departmental performance evaluations and oral performance evaluations, must be achieved to be eligible for promotion. Service credits are added to the applicants total score at the rate of point zero eight three-three (.0833)service credit point for each month the applicant has been at their present rank(including time on probation), through the rank of Captain,with a maximum possible earned service credits of twenty (20) points. SECTION 4: In the Fire Department,the oral performance evaluation shall consist of a question and answer session calculated to assess the applicant's readiness for the promotion sought.The oral performance evaluation score will be determined by whether the applicant can fulfill the physical functions and obligations of the rank to which such person has applied for promotion. Such examination, if required, shall be given during the probationary period after the promotion has been made. SECTION 11:A promotion to any rank in service will not be co m lete for"eriod of six 6 months for the Fire Department and the Chief of the Department, or the Mayor in the event of promotion to Chief of Police or Fire Chief, may reduce in rank any promoted member of the Department during that probationary period,for any reason. In the event of that reduction, any promotions made in lower ranks as a result of the initial promotion shall likewise be reduced unless the authorized number of positions in lower ranks has been increased.A written notice of such reduction in rank shall be given by the person making the reduction and such notice shall state the reasons for such actions; provided that such notice shall not be considered as granting to the member reduced, a right to trial before the Commission, or appeal there from nor shall the requirements of stating the reasons therefore be considered as to require such reduction to be for good cause. SECTION 12: Advancement in rank or increase in base salary beyond the limits fixed for the grade by the rules of the Commission or as set by the City Council, shall constitute a promotion. Present Police and Fire personnel who may be drawing pay equivalent to a position higherthan their present position shall not be considered to have been promoted to that higher position. SECTION 13: In the event an individual who serves in the position of Chief of Police or Fire Chief is removed from that position by the Mayor, the individual so removed may be allowed to re-enter the Van Buren Police Departmentor the Van Buren Fire Department respectively, at the last prior rank held by that individual in that department, and the regular requirements for promotion or appointment as set out herein shall be waived. However, the ability of such an individual to so re-enter shall only apply if the Commission receives a written notice from the Mayor requesting that the individual be allowed to re-enter. Individuals who have been removed from the position of Chief of either department and who have not previously held a rank with either the Van Bu ren Police or Fire Departments may also be employed with the respective department, upon the written request of the Mayor, at a rank designated by the Mayor and with the same waiver of promotion or appointment requirements.