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ORD NO 04-1981 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. -1981 AN ORDINANCE ORGANIZING THE VAN BUREN POLICE DEPARTMENT, ADOPTING RULES AND REGULATIONS, ESTABLISHING TRIAL PROCEDURES, PROVIDING FOR ADMINISTRATION OF DEPARTMENT, PROVIDING FOR DISCIPLINARY PROCEDURES AND BOARD OF INTERNAL AFFAIRS, PROVIDING FOR ACTION BY THE MAYOR IN CASE OF APPEAL FROM ORDER OF SUSPENSION, PENALTY CLAUSE, SAVING CLAUSE, REPEALING CLAUSE, AND DECLARING AN EMERGENCY. WHEREAS, The Legislature has given the City of Van Buren, Arkansas, power to establish a city watch, or police, to organize the same under the general superintendence of the Mayor; prescribe its duties and define its power in such manner as will most effectually preserve the peace of the City, secure the citizens thereof from personal violence, and their property from fire and unlawful depredations, Ark. Stat. Ann. 19 1701 et seq, and, WHEREAS, The Legislature has given the City of Van Buren, Arkansas, the power by proper ordinance for the removal of any appointive officer, upon a majority vote of such council, Ark. Stat. Ann. 19 919, and WHEREAS, A municipal corporation has only those powers expressly conferred by the Legislature and those necessarily or fairly implied as incident to or essential for the attainment of purposes expressly declared. Bennett v. Hope, 204 Ark. 147, 161 S.W. (2d) 186, and WHEREAS, Both the Federal and State Constitutions provide that no citizen be deprived of life, liberty or property, without due process of law, and WHEREAS, Acts of a City Council in removing an appointed officer are judicial in their nature, see Faucette V. Gerlack, 132 Ark. 58, 200 S.W. 279, and WHEREAS, Rule 81 of the Rules of the Court adopted December 18, 1978, by the Supreme Court effective July 1, 1979, made these rules to apply to civil actions which are appealed to a court of record and which are triable de novo. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: ARTICLF I. General Provisions. Pursuant to the provisions of 0 Ark. Stats. Ann. 19 -1701 et.seq. the following rules and regulations of the Police Department of the City of Van Buren, Arkansas, are hereby adopted. SECTION 1. The Police Department shall be under the general superintendence of the Mayor. SECTION 2. Immediately under the Mayor there shall be a Chief of Police who shall have those powers and duties as are now or hereafter prescribed by law and the following deputies for whose official acts he shall be responsible and by whom they may execute all process directed to by him: a. Assistant Chief of Police b. 5 Sergeants, one of whom is a desk sergeant and chief radio operator. c. 12 patrolmen, one of whom is a radio operator. and the following persons who may be in event of an emergency used as a deputy: a. Radio Operators b. Dog Warden c. Part -time bookkeeper and secretary ARTICLE II. Rules and Regulations. The following rules and regulations are hereby adopted and shall be applicable to all Police Department personnel. SECTION 1. The regulations adopted by the Executive Commission on Law Enforcement standards of the state of Arkansas, of which not less than three (3) copies have been and are now filed in the office of the City Clerk of the City of Van Buren, Arkansas, and the same are hereby adopted and incorporated as fully as if set for that length herein and from the date on which this ordinance shall take effect, the provisions therein shall be controlling. In accordance with Section 1002 of said regulation herein above adopted, appointment of every officer employed by the Department will be made by the Chief and approved by the Mayor. SECTION 2. The Chief of Police may require that any member of the Department undergo a complete general medical examination by a physician or physicians designated from time to time by the Chief of Police and to submit a report of said examination to the Chief. The cost of said examination shall be paid by the City of Van Buren. Any member of the department who refuses or fails to have said phy- sical examination made when so directed shall be subject to suspension without pay for not more than 30 days. SECTION 3. The Chief of Police may require that any member of the department be examined by a licensed psychiatrist or clinical psychologist designated from time to time by the Chief of Police and to submit a report of said examination to the Chief of Police. The cost of said examination shall be paid by the City of Van Buren. Any member of the department who refuses or fails to have said examin- ation when so directed shall be subject to suspension without pay for not more than 30 days. SECTION 4. Promotion will be based upon an evaluation of each officer's performance by his superior officers and will be made by the Chief of Police and approved by the Mayor. SECTION 5. A member of the Department may be discharged or reduced in rank or compensation after his or her promotion or appointment is complete only for e r cause and the person so reduced or discharged shall be served with the reason for his discharge or reduction in written form by the Chief of the Department. The person so discharged or reduced in rank shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing and should said person deny the truth of said reasons for which said discharge or reduction is predicated and shall demand a trial; the City Council shall grant a trial as provided herein. The reasons and reply shall constitute a part of said trial and be filed with the record. SECTION 6. A record shall be prepared of all hearings and other pro- ceedings before the Chief of Police and all hearings before the Mayor or City Council shall be stenographically recorded. SECTION 7. Police Chief and Mayor shall have the power to conduct in- vestigations into any matters relevant to the operation of the Van Buren Police Department and they shall have the power of subpeona and to require the attendance of any witnesses and the production of any papers or records pertinent to the investigation and to administer oaths to such witnesses. SECTION 8. No person in the Department affected hereby shall be appointed, reduced, suspended, discharged, or otherwise discriminated against be- cause of his political opinion, or affiliation, or because of his race, religion, sex, or national origin. SECTION 9. No member of the Van Buren Police Department shall engage in the solicitation of any funds or assessments or contribute thereto for any pol- itical party or purpose and shall not be connected with any political campaign or political management except to cast his vote and to express his personal opinion in private. SECTION 10. No person shall be allowed to transfer from the Police Department to the Fire Department or visa versa. SECTION 11. In the event that it should become necessary to reduce the personnel of any department affected hereby, said reduction shall be done from the lowest rank, seniority having priority. SECTION 12. It shall be against the policy of the City of Van Buren to hire members of the immediate family to work within the same department. We have a husband and wife employed by the Police Department and they are grandfathered into the Department. For the purpose of this policy, immediate family includes spouse, mother, father, son, daughter, sister or brother. In the event that two employees within the same department become married while so employed, the following policy shall apply: (1) The Department Head must be notified as soon as possible prior to the marriage. He will then notify the personnel officer of the pending marriage. (2) One of the employees will be required to resign within thirty (30) calendar days after the marriage in accordance with one of the following methods: (a) The involved employees may mutually agree on which one will resign. (b) If the involved employees are unable to reach an agreement, the decision will he made by the Head of the Department. In this case, the employee having the lower rank will be required to resign. If both employees are of equal rank, the one lowest in seniority will be required to resign. In the event that seniority is also equal, the choice will be made by the Head of the Department. SECTION 13. All employment policies and procedures now in effect or hereafter adopted not inconsistent with this Ordinance and policies adopted persuant hereto shall be applicable to all police department personnel. The latest Employment Policy and Procedures were adopted by Resolution 2 -9 -1977 on the 12th day of i September, 1977. ARTICLE III. Trial Procedures SECTION 1. No certified employee shall be discharged or reduced in rank or compensation without being notified in writing of such discharge or reduction and the cause therefor, and hearing before the City Council if he so desires. Within ten (10) days after such notice in writing is served upon such officer, he may if he so desires, request a trial before the City Council of Van Buren, Arkansas, on the charges alleged as the grounds for his dishcarge or reduction and in the event a request for trial is made, the Mayor shall fix a date for said trial not more than fifteen (15) days after the request therefore is made and the hearing shall be held within a reasonable time thereafter; at a regular or special meeting of the City Council. Provided however if he does not request trial within ten (10) days from the date of service of notice of discharge or reduction, the City Council may by ordinance discharge or reduce in rank or compensation. SECTION 2. In the event of a trial, the officer requesting said trial shall be notified of the date and place of said trial at least ten (10) days prior 0 to the date thereof and shall have compulsory process to have witnesses present at such trial. The Mayor shall preside at all trials and shall determine and decide all questions relative to pleadings and the admissibility of evidence. The decision of the City Council shall be by a majority vote of the members of the City Council and Ordinance of Discharge or Reduction in Rank or Compensation shall be passed. SECTION 3. A right of appeal by the City or Officer is hereby given from any decision of the City Council to the Circuit Court of Crawford County. Such appeal shall be taken by filing with the City Clerk, within thirty (30) days of the date of such decision, a notice of appeal, whereupon the City Clerk shall send to the Circuit Court all pertinent documents and papers together with a com- plete transcript of all evidence and testimony introduced before the City Council and all findings and Ordinances of the City Council. The same shall be tried de novo according to the same procedure which applies to appeals in civil actions from decision of inferior courts. A right of appeal is also given for any action from the Circuit Court to Supreme Court of the State of Arkansas, and such appeal shall be governed by the rules and procedures provided by law for appeals from the Circuit Court to the Supreme Court. SECTION 4. In the event that it is finally determined that there was a wrongful suspension, reduction in rank, or discharge of any certified employee, such employee shall be entitled to judgment against the City for whatever loss he may have sustained by reason of his suspension, discharge, or demotion, taking into consideration any remuneration which such officer may have received from other sources pending the final determination of his case. SECTION 5. The cost of appeal from the City Council of the City of Van Buren, Arkansas, to the Circuit Court of Crawford County shall be borne by the party requesting said appeal. Before the City Clerk shall direct the preparation of a transcript of all proceedings before the City Council to be filed with the Circuit Court, a deposit of One Hundred ($100.00) Dollars shall be required from the party requesting the appeal. In the event it is determined by the Circuit Court that the decision of the City Council was in error, and the same shall be reversed, the cost of the appeal shall be reimbursed to the party requesting the same by the City of Van Buren, said costs shall also include reasonable attorney's fees as fixed by the Circuit Court. ARTICLE IV. Administration of Department. SECTION 1. It shall be the duty of the Chief of the Police Department 0 to formulate rules and regulations for the day to day operation and control of his respective department, and from time to time to amend the same, subject to the approval of the City Council. SECTION 2. Members of the Police Department shall familiarize them- selves with the rules and regulations of the Department and shall be charged with knowledge of the same at all times. All members shall obey said rules and regulations and disobedience of the same shall result in disciplinary action as hereinafter set forth. SECTION 3. Members of the Police Department shall be expected to comply with all laws of the State of Arkansas, the Federal Government, and the City of Van Buren and violation of any of the same may result in disciplinary action being taken against said individual up to and including dismissal from the Depart- ment. Conviction of any felony shall result in dismissal from the Department. SECTION 4. In the event any member of the Department shall be indicted or formally charged with the commission of any felony, said member shall be im- mediately suspended without pay pending final determination of that party's guilt or innocence by a Court of competent jurisdiction. In the event a member shall be found guilty, said member shall be immediately discharged from the rolls of said Department. In the event said member shall be acquitted, he shall be entitled to reinstatement in said Department and shall receive all wages previously withheld during said suspension, less any remuneration which such officer may have received from other sources pending the final determination of his case. ARTICLE V. Disciplinary Procedures and Board of Internal Affairs. SECTION 1. There shall be created in the Police Department, a Board of Internal Affairs which shall be composed of three members of the Department. The Board of Internal Affairs shall be appointed by the Chief of the Police Department and they shall serve in this capacity for a term of one (1) year and may be reappointed. SECTION 2. The Board of Internal Affairs appointed herein shall meet and organize, and the City Council shall provide suitable rooms for said Board of Internal Affairs to hold meetings and shall allow all reasonable supplies. The Board of Internal Affairs shall elect one of their members to act as president who shall preside at all hearing matters of disciplinary nature referred to them by the Chief of the.:Department and shall determine and decide all questions relative to pleadings and the admissibility of evidence and have the power to administer oaths. The City Clerk- Treasurer shall be the secretary of the board and shall maintain a record of its proceedings. The City Attorney shall act as attorney for the Board of Internal Affairs in all hearings or other legal transactions. All three members must be present to conduct a hearing. In the event a member is unable to be present, the remaining members shall select another officer of the City of Van Buren to serve until the hearing is completed. SECTION 3. It shall he the duty of the Board of Internal Affairs to hear matters of disciplinary nature referred to them by the Chief of the Department. In the event that the Chief of the Department shall ascertain that a member of his Department has violated a Department rule or regulation, a regulation promulgated by the City of Van Buren or any law of the State of Arkansas, the Federal Government, or the City of Van Buren, the Chief may refer said matter to the Board of Internal Affairs. The Board shall then conduct a hearing into the matter to determine the guilt or innocence of the officer so charged, and shall make appropriate recommen- dations to the Chief of the Department for appropriate disciplinary measures. Notice of a hearing before the Board of Internal Affairs shall be given to the officer so charged ten (10) days prior to said hearing. The officer shall have the right to be represented by Counsel and shall have the right to subpeona witnesses in his behalf at said hearing. SECTION 4. In any hearing conducted by the Board of Internal Affairs the Board shall have the power to subpoena, and require the attendance of any witness and the production of any papers or records pertinent to the hearing as requested by the City or the officer, and to administer oaths to such witnesses. SECTION 5. The Chief of the Department after receiving the recommen- dation of the Board of Internal Affairs shall select the appropriate disciplinary measures to be taken with regard to the officer involved. Said disciplinary action may consist of suspension with or without pay for a period not to exceed thirty (30) days, reduction in rank or to recommend dismissal from the Department. The Chief of the Department shall not, however, be required to accept the recommendation of the Board of Internal Affairs and may increase or reduce any recommended disciplinary action. Proceedings before the Board of Internal Affairs shall be stenographically recorded and shall be maintained by the Department. A copy of the action of the Chief of the Department shall be furnished to the officer involved. SECTION 6. Appeals from Departmental disciplinary proceedings shall be to the Mayor as herein provided and the record of proceedings before the Board of Internal Affairs shall be made a part of the record before the Mayor. ARTICLE VI. Arkansas Rules of Civil Procedure. SECTION 1. In accordance with Rule 81 of Arkansas Rules of Civil Pro- cedure, the Arkansas Rules of Civil Procedure shall apply in all proceedings held pursuant to the authority vested in the City of Van Buren, Arkansas. SECTION 2. If there should be a conflict between any provision of this Ordinance and the Arkansas Rules of Civil Procedure the Arkansas Rules of Civil Procedure shall be used. ARTICLE VII. Action by the Mayor in Case of Appeal From Order of Suspension. SECTION 1. In the case of an appeal from the disciplinary proceedings of the Department consisting of suspension with or without pay not to exceed thirty (30) days, the Mayor shall review the decision made by the Chief of the Department on the record, and may in addition hear testimony or allow the introduction of any further evidence on the request of either the City or the officer. ARTICT.F VIII. Penalty For Contempt. SECTION 1. In any investigation conducted under provisions of this Ordinance and in any hearing conducted under the provisions of this Ordinance, they shall have the power to administer oaths to such witnesses and to punish for contempt the non attendance of witnesses or the failure to produce such books or papers or misbehavior of any person or persons during the investigation or hearing by a fine of not less than $100.00 (one hundred dollars) nor more than $125.00 (one hundred twenty five dollars). ARTICTF IX. Violation of Ordinance Made a Misdemeanor. SECTION 1. Any person violating any part of this Ordinance shall be 0 guilty of a misdemeanor and upon conviction therefore, shall be fined in any sum of not less than $100.00 (one hundred dollars) nor more than $250.00 (two hundred fifty dollars). ARTICLE X. Validity SECTION 1. Should any section or provision of this ordinance be de- cided by the court or courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so decided to be unconstitutional or invalid. ARTICLE XI. Repealing Clause SECTION 1. All ordinances or parts of ordinances in conflict with this ordinance or any part of this ordinance are hereby specifically repealed. ARTIC LR XII. EMERGENCY CLAUSE SECTION 1. This ordinance being necessary to reorganize the Police Department of the City of Van Buren, Arkansas, an emergency is therefore declared and this ordinance being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS 16th DAY OF February 19 81 di MAYOR Al'1ESTED: ITY CTFRK- TREASURER 1(`i►'"