ORD NO 04-2018 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. - 2018
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND THE CIVIL SERVICE REGULATIONS
FOR [HE POLICE AND FIRE DEPARTMENTS OF THE CITY OF VAN
BUREN, TO ADOPT ALL CURRENT DEPARTMENT POLICIES AND
PROCEDURES; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City adopted Ordinance No. 35-1979, as amended, relating to the establishment of a
Civil Service Commission for the Fire and Police Department, providing definitions,
general provisions, appointment of Civil Service Commissioners, provisions regarding
personnel policies and procedures,modification of regulations and appeals of Commission
rulings, as allowed and authorized under A.C.A. 14-51-101 et. seq.; and
WHEREAS, the City Attorney, Police Chief, Fire Chief and Civil Service Commission have reviewed
the Civil Service Regulations adopted pursuant to Ordinance No. 35-1979, and have
determined that there is a need to adopt various updates and clarifications to the Civil
Service regulations, to allow for clarity and easier enforcement of Van Buren's Civil
Service Commission Ordinance; and
WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the
Van Buren Civil Service Commission on December 4, 2017 to consider these proposed
amendments;and
WHEREAS, the proposed changes herein were unanimously recommended by the Civil Service
Commission at the conclusion of the December 4, 2017 meeting.
NOW,'1'HEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Civil Service Rules and Regulations shall be modified as set forth in Attachment A
hereto.
SECTION 2: Pursuant to Article XI Section 3 of the Civil Service Rules and Regulations, all current
rules and regulations of the Police Department and Fire Department are hereby ratified and
adopted.
SECTION 3: That the need to add the foregoing provisions is immediate and in order to protect the public
peace, health, safety and welfare, an emergency is declared to exist and this Ordinance
shall be in full force and effect from the date of its passage and approval.
•
SECTION 4: The various provisions and parts of this Ordinance, or the regulations adopted herewith,
are hereby declared to be severable,and,if any section or part of a section,or any provision
or part of a provision herein or therein is declared to be unconstitutional, inappropriate,or
invalid by any court of competent jurisdiction, such holding shall not invalidate or affect
the remainder of this Ordinance or said regulations,and to that extent the provisions hereto
are declared to be severable.
IN WITNESS WHEREF, the Ci of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt by a vote of for and U against, t i- oregoing Ordinance at its regular meeting
held on the 26th day of February 20 8. /
IF
Robert 1.Free 1 .
Mayor
ATTESTED: APPR 0 D AS TO FORM:
,86,...zez.2./. ,247„.„...} ,r
Phy is Thomas andice A. _'" e
City Clerk/Treasurer City Attorney
ORIGINAL ADOPTION DATE - JULY 19, 1993
REVISED ADOPTION DATE - SEPTEMBER 15, 1997
REVISED ADOPTION DATE - OCTOBER 20, 1997
REVISED ADOPTION DATE - MARCH 20, 2000
REVISED ADOPTION DATE - NOVEMBER 15, 2010
REVISED ADOPTION DATE —XXXXXXX XX, XXXX
CIVIL SERVICE REGULATIONS FOR THE POLICE AND FIRE DEPARTMENTS OF
THE CITY OF VAN BUREN, ARKANSAS
That pursuant to the provisions of Ark. Code Ann., Sections 14-51-101 et. seq., the Van
Buren Civil Service Commission hereby adopts the following rules and regulations for
the operation of the Police and Fire Departments of the City of Van Buren, Arkansas.
ARTICLE I: CIVIL SERVICE COMMISSION
SECTION I: The Board of Civil Service Commissioners shall be organized pursuant to
the provisions of the Ark. Code Ann., Sections 14-51-212. The Commission shall be
composed of five (5) upright and intelligent citizens of the City of Van Buren, Arkansas
(who shall have been residents of the city for more than three (3) years next preceding
their appointment) who shall hold office by terms as follows:
(1) One shall hold office until the first Monday in April of the second year after their
appointment.
(2) One shall hold office until the first Monday in April of the fourth year after
appointment.
(3) One shall hold office until the first Monday in April of the sixth year after
appointment.
(4) One shall hold office until the first Monday in April of the eighth year after
appointment.
(5) One shall hold office until the first Monday in April of the tenth year after
appointment.
SECTION 2: 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 3: The Board of Civil Service Commissioners shall annually, on the second
Monday of May, meet 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.
SECTION 4: Three (3) of the members of the Board shall constitute a quorum in any
transaction. The Commission shall retain and appoint legal counsel to act as attorney
for the Commission in all trials or other legal transactions.
•
SECTION 65: 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 other
misbehavior of any person during the investigation, the Commission may impose a fine
not to exceed five hundred ($500.00) for each offense.
SECTION 76: 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 67: The Van Buren City Council, by a two-thirds (2/3) vote, may remove any
of the Civil Service Commissioners during their terms of office, for cause. In the event of
the removal of one (1) or more said Civil Service Commissioners, the Van Buren City
Council shall fill the vacancy created by the removal.
SECTION 98: When a vacancy shall occur on the Civil Service Commission by death,
resignation, or expiration of the term of office, or any manner, such vacancy shall be
filled by the Van Buren City Council. In the event a vacancy occurs during the term of
office of any Commissioner, except by the normal expiration of their term, their
successor shall fill the unexpired term caused by such vacancy, and, at the normal
expiration of the term, the Van Buren City Council shall fill the vacancy by the
appointment of a Commissioner for a period of six (6) years.
ARTICLE II: GENERAL EXAMINATION POLICY
SECTION 1: All examinations given for appointment or promotion for the police and fire
departments, shall be open competitive examinations, to test the relative fitness of
applicants for the positions.
SECTION 2: All examinations for appointment shall be publicly advertised by publication
or notice in a newspaper having a bona fide circulation in the City of Van Buren,
Arkansas, and by posting a notice at the Van Buren Municipal Complex at least ten (10)
days before the date of the examination. Nothing in these regulations shall prohibit the
like publication of examinations for promotions, if so desired by the Commission.
SECTION 3: Written appointment and promotional examinations may be held on the
second Monday in April and or the first Monday in October of each year, or both, and at
any other time as directed by the Board of Civil Service Commissioners, upon
publication of 30 neticedays' notice of the date and time for such testing. All
applications for appointment or promotional examinations shall be filed with the Van
Buren Police Chief or the Van Buren Fire Chief at least by 5:00 P.M. at least ten
{10)least three (3) working days prior to the date of the exam.
SECTION 4: The same written examination shall not be given for promotion on two (2)
successive occasions nor shall identical examinations be used for examining different
positions.
SECTION 5: All examinations shall be conducted impartially, and instructions pertaining
to the examination shall be made available to all candidates.
SECTION 6: A member of the Commission shall be present during the administration of
all written examinations for appointment and promotions given by the Commission. The
Commission shall bear sole responsibility for grading all appointment and promotional
examinations. The Commission may, on any particular occasion, delegate the
administration of examinations to the Chief of the Police and Fire Departments or their
authorized representatives.
SECTION 7: As soon as it is practical after the Prior to the examinations, the
Commission shall complete their review of the examination process. Once the
examination process is complete, the Commission shall certify the and prepare the
appointment and promotional eligibility lists. These lists shall then be certified by the
Secretary of the Commission and such lists shall be in full force and effect for a period
of one (1) calendar year subsequent to the date of the certification. If the Secretary is
unavailable, the list can be certified by a maiority of the Commission. If, upon the date of
certification, a prior list is still in effect, then the newly certified eligibility list shall not
supersede the prior list until such list has been exhausted for any one rank or for all
ranks or expires. All eligibility lists shall expire one (1) year after the date of certification
regardless of the period of time such lists may have existed as the sole eligibility list.
SECTION 8: The certified eligibility list shall be posted made available at the respective
department within ten (10) days of the certification. _ • - e e e e - -- - - _
Station:-
SECTION
tationSECTION 9: Any applicant for appointment or promotion or any member eligible for
promotion who has attempted any fraud or deception with reference to the examination
process shall be ineligible for appointment or promotion, respectively, and in the case of
existing members of the Police or Fire Departments, shall be subject to disciplinary
action.
ARTICLE III: COVERAGE
SECTION 1: These Civil Service Regulations shall apply to and be effective and in force
as to all uniformed and non-uniformed employees and/or certified personnel of the
Police Department working fulltime in the existing or future positions of: Assistant Chief,
Majer, Captain, Lieutenant, Sergeant, Corporal, anPatrol Officer, Detective,
Dispatcher, and Animal Control WardenOfficer. Any person holding the position of Part-
Time Police Officer II, who wishes to be appointed to any fulltime Patrol Officer or
Dispatcher position within the Police Department shall be subject to the procedure for
appointment as set out in Article IV herein.
SECTION 2: These Civil Service Regulations shall be effective and be in force as to all
uniformed and non-uniformed employees of the Fire Department working either full or
part-time, in the existing or future positions of Deputy Chief, Assistant Chief/Battalion
Chief, Captain, Driver/Operatorj' „t eF and Firefighter.
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,on the date of testing. 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 apply to any person who has at least two (2) years of previous
experience as a paid firefighter with another fire department and whose years of
experience as a paid firefighter 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 applicants for appointment, . -- • . - - _ • -• - _ _ •-- _ . , shall be
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 a 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, - - _ • - _ • - .. - - - ••• - - . - _ - - -• - - - -- •
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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: After completion of 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 or position appropriate skills-related test 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 be at the
discretion of the department representative. Failure to successfully complete the
physical agility test or skills-related test and/or a deficiency in the applicantsapplicant'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 X: Veterans of the United States Military as defined in 5 U.S. Code § 2108
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, and
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 appointment will be given notice, orally and by Certified Mail, that
they shall have ten (10) days from the receipt of the notice to accept the appointment,
and upon failure to accept appointment, that individual shall forfeit 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.
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, including a drug test. Individuals tentatively appointed
to the Police Department shall be fingerprinted and photographed and must undergo a
psychological examination and interview, successfully completing both, and must also
fill out Form F 3.
SECTION 11: After successful completion of all the requirements set out herein, the
individual shall be appointed as a Probationary man-Patrol Officer or Firefighter
Trainee. Each Probationary PatrolmanPatrol Officer or Firefighter Trainee upon
appointment shall receive a copy of the Civil Service Regulations.
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. After the filling of the
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.
ARTICLE V: QUALIFYING CRITERIA FOR PROMOTION IN THE POLICE
DEPARTMENT
SECTION 1: No employee shall be eligible for advancement to the rank
of Corporal until that employee shall have served at least five (5) consecutive years as
patrolman as patrol officer, has obtained a General Certificate or higher, has completed
fifty (50) or more police training hours beyond basic, shall have completed three (3)
college hours of Freshman English with a grade of"C" or better, and received passing
evaluations. This will be considered an automatic advancement if the above minimum
requirements have been met.
SECTION 2: No employee shall be eligible for examination for advancement to the rank
of Sergeant until that employee shall have served at least two (2) consecutive years as
Corporal, has obtained the Basic and General Certificates or higher, has completed six
(6) college hours of Freshman English with a grade of"C" or better, and received
passing evaluations.
SECTION 3: No employee shall be eligible for examination for advancement to the rank
of Lieutenant until that employee shall have served at least two (2) consecutive years as
Sergeant and received passing evaluations.
SECTION 4: No employee shall be eligible for examination for advancement to the rank
of Captain until that employee shall have served at least two (2) consecutive years as
Lieutenant, has obtained an Advanced Certificate or higher, has completed one
hundred and fifty (150) police training hours, shall have completed six (6) hours of
college English with a grade of"C" or better, and received passing evaluations.
SECTION 65: If no applicant for promotion meets the requirements set out above, an
employee who does not meet the above requirements may be promoted pursuant to the
promotional policy set out in Article VII of these Regulations. Promotions pursuant to
this section shall be made from the next lowest rank to the rank open for promotion
unless there are no applicants from that rank. Said promotion must be approved by the
Civil Service Commission and must be pursuant to existing State law.
ARTICLE VI: QUALIFING CRITERIA FOR PROMOTION IN THE FIRE DEPARTMENT
SECTION 1: No employee shall be eligible for examination for advancement to the rank
of Driver/' ,it Operator until that employee shall have served at least three (3)
consecutive years as a Firefighter, such three (3) years consisting of one (1) year in
probationary status and two (2) years in the rank of Firefighter.
SECTION 2: No employee shall be eligible for examination for advancement to the rank
of Fire Captain until that employee shall have served at least two (2) consecutive years
as a Driver/' ntOperator, such two (2) years consisting of six (6) months in
probationary status and eighteen (18) months in rank as a Fire Driver and has a valid
Arkansas Emergency Medical Technician certification and Hazmat Technician Level III
certification.
SECTION 3: No employee shall be eligible for examination for advancement to the rank
of ! - : - - - _ A - _ Battalion Chief until that employee shall have served
at least two (2) consecutive years as a Fire Captain, such two (2) years consisting of six
(6) months in probationary status and eighteen (18) months in the rank of Fire Captain
and has a valid Arkansas Emergency Medical Technician certification and Hazmat
Technician Level III certification.
SECTION 4: No employee shall be eligible for examination for advancement to the rank
of Assistant Chief until that employee shall have served at least two (2) consecutive
years as a Battalion Chief and shall have a valid Arkansas Emergency Medical
Technician certification and Hazmat Technician Level III certification.
SECTION-45: If no applicant for promotion meets the requirements set out above, an
employee who does not meet the above requirements may be promoted pursuant to the
promotional policy set out in Article VII of these Regulations. Promotions pursuant to
this Section shall be made from the next lowest rank to the rank open for promotion
unless there are no applicants from that rank. Said promotion must be approved by the
Civil Service Commission and must be pursuant to existing State law
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, - : - e_ • •• - - - - _ • - -, oral review board of
- - - - - ---- -- •- • - - - • -- and Departmental Performance Evaluations. def
by Departments' +The Performance Evaluation shall be conducted by officer:
supervisors selected by the respective Chief-s), 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.
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 order for an 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 -- _ - - - - - __ - e - - • • ! _ _•- _ - _ _ •_ - e ' -
hundred-(400)-points cannot
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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. A - - -- - - - - -e - - e • -• • - • - - - • - - ! - - • - - - - - - . _
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 consist of 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
eliminating the highest and lowest scores, and then calculating the average of the
remaining scores awarded by the Evaluation Board to the applicant.
SECTION 5: An eligible member of the Fire and Police Departments desiring to be
examined shall file their written request within the time set out in Article II, Section 3,
with the respective Chief, asking to be examined for promotion. The written request
shall state the candidate's name, present position in the respective Department, period
of service in that position and the position for which examination is desired.
SECTION 6: An applicant for promotion shall be eligible to seek promotion if that
individual qualifies for the position sought as set out in the Qualifying Criteria related to
the position sought.
SECTION 7: After completion of the promotional examinations, the Civil Service
Commission shall compile eligibility lists for each rank of service in the Police and Fire
Departments and promotions shall be made there from. Names on the promotional
eligibility lists for the Police and Fire Departments will be ranked according to highest
total examination scores to lowest examination scores, including earned service credits
for the Fire Department. If, with reference to either Department, identical total
examination scores are received, then ranking on the lists shall be determined by time
in grade (time served in the currently held rank) from which promotion is sought. If there
are identical amounts of time served in rank from which the position is sought, ranking
on the list shall be by date of hire. If dates of hire are identical, then ranking shall be
determined by lot.
SECTION 8: When a position becomes vacant and subject to being filled by promotion,
the Commission shall certify to the Chief of the respective Department the three (3)
candidates standing highest on the Eligibility List for appointment to that rank of service.
The Chief of that Department will then select for appointment one (1) of the three (3)
persons so certified and shall notify the Commission thereof. After selection of an
individual to fill a position, all remaining applicants for appointment, including those
certified but not selected by the Chief, will remain on the Eligibility List. If the individual
selected for appointment fails to accept such appointment within ten (10) days of being
notified in writing, that individual makes written application to the Commission within
such ten (10) days and receives, at the discretion of the Commission, additional time in
which to accept the appointment. Such request shall not constitute a grievance request.
SECTION 9: Promotion shall be made from the Eligibility List in effect on the date the
vacancy occurs unless such list has been exhausted. (Promotion shall be made after
any vacancy occurs within a reasonable period of time, giving due consideration to the
administrative duties of the Department. If a promotion has not been made within ninety
(90) days after a vacancy occurs, any individual eligible for promotion may present a
grievance to the Civil Service Commission, which shall be adjudicated according to the
grievance procedure outlined in these rules).
SECTION 10: Although a physical examination is not required generally as a
prerequisite to promotions, the Commission reserves the right to require any applicant
for promotion to undergo a reasonable, suitable physical examination to determine
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 complete for a period of six
(6) months, 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 six (6) month 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 higher than 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 Department or 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 Buren
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.
ARTICLE VIII: TEMPORARY APPOINTMENTS AND WAIVER OF EXAMINATIONS
SECTION 1: The heads Chiefs of the Police and Fire Departments, respectively, may
make, with the consent of the Commission, a temporary appointment or a temporary
promotion without examination and without compliance with other requirements for
appointment or promotion in cases where the head Chief of such Department
determines an emergency exists requiring such temporary appointment or promotion.
SECTION 2: In the case of a vacancy in a position requiring peculiar or exceptional
qualifications of a scientific, professional, or expert character, upon satisfactory
evidence that competition is impractical and that the position can best be filled by the
selection of some person designated and of a recognized attainment, the Board of Civil
Service Commissioners may, by a majority vote, suspend competition in such case, but
suspension shall not be general in its application, and each case must be handled on its
own merits.
ARTICLE IX: DISCIPLINE AND GRIEVANCE PROCEDURE
SECTION 1: Members of the Police and Fire Departments may be disciplined by the
heads of the respective Departments or the Mayor for violation of the Rules Regulations
of the Civil Service Commission, the Rules of the respective Departments and for any
other lawful purposes. The Mayor shall take disciplinary action taken-in regards to the
Chief of a Department.
SECTION 2: 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 3: Any member reduced in rank or compensation (a suspension without pay
shall not be considered a reduction in pay) or discharged, after promotion or
appointment is complete, shall first be presented with the reasons for such discharge,
suspension of three (3) or more days, or reduction in rank or compensation, in writing
signed by the head of the Department.
SECTION 4: The person so discharged or reduced shall have the right within ten (10)
days from the date of such written notice to reply in writing to the Commission. Should
said person deny the truth of such reasons upon which such discharge or reduction is
predicated and demand a trial, the Commission shall grant a trial pursuant to the
provisions of A.C.A. §§ 14-51-301 and 14-51-308, as such sections may hereinafter be
amended. If a request for a trial is not made within ten (10) days from the date of
service of notice, the discharge, reduction, or suspension for three (3) or more days
shall become final and no trial shall be granted.
SECTION 5: Any member of the respective Departments or any applicant for
appointment who has a grievance relating to the matters covered by these Rules, may
present such grievance in writing to the Commission within ten (10) days of the date on
which the alleged grounds for the grievance arose and request a hearing thereon.
SECTION 6: The Commission shall hold a trial upon any such request for trial due to
discharge or reduction in rank or compensation. The Commission may hold a hearing
on any other grievance presented to the Commission. The written notification of
disciplinary action, the reply to such notice and/or the request for hearing shall
constitute a part of said hearing and shall be filed with the record of the hearing. The
Chairman of the Commission provided for herein shall be construed as giving the
individual involved any right of appeal to courts of law or equity other than is provided by
law.
SECTION 7: As soon as is practicable after such hearing, the Commission shall
announce its decision, by a simple majority vote, and notice thereof shall be presented
in writing to the person requesting the hearing or to such person's representative.
SECTION 8: The city or the employee shall have the right to appeal any decision of the
Commission to the Crawford County Circuit Court, by filing with the commission, within
thirty (30) days from the date of the decision, a notice of appeal. The responsibility of
filing the appeal with the Circuit Court and paying for the transcript of the proceeding
before the Commission shall be borne by the party appealing the decision.
ARTICLE X: LEAVE OF ABSENCE AND REINSTATEMENT POLICY
SECTION 1: A leave of absence may be granted to a member of the Police or Fire
leave of absence.
SECTION 2: Before any member of the Fire or Police Department is reinstated to the
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seq., or the Arkansas Workers Compensation Act, Ark. Code. Ann. § 11 9 101 et seq.
ARTICLE X1: MISCELLANEOUS PROVISIONS
SECTION 1: The Secretary of the Commission shall file with the Van Buren City Clerk a
certificate of those entitled to compensation from the City and no compensation shall be
allowed to any member of the Police or Fire Department unless their names shall be
certified.
SECTION 2: No person in the Police or Fire Departments shall be appointed, reduced,
or discharged, or otherwise discriminated against because of their political opinion or
affiliation, or because of their race, color, religion, national origin, gender, age or
disability.
SECTION 3: All employees and candidates for employment of the Fire and Police
Departments shall be governed by and subject to any and all rules and regulations
promulgated by the Chief of their respective Departments and adopted by the Van
Buren City Council.
SECTION 4: The Police and Fire Department positions set out in Article III are positions
which may be adopted at the discretion of the City Council and their listing herein does
not obligate the City Council to adopt said positions. The number of positions within
each of the respective Departments, the pay policies, the fringe benefit policies are all
matters which the Commission considers to be within the scope of authority of the Van
Buren City Council. The questions of how many employees are necessary to fill each
position and whether a created position should be filled or remain vacant shall be an
Administrative decision of the Chief of Police, the Fire Chief and the Mayor.
SECTION 5: Amendments to these rules and regulations shall be adopted only after
passage by a majority of the Commission and a majority of the City Council, after public
notice and hearing before the City Council. Notification shall be made by publication in a
newspaper of general circulation in the county at least ten (10) days prior to the hearing
dates set for the adoption thereof, and in addition, written notice shall be posted in a
conspicuous place in the Police Department and the Fire Stations.
SECTION 6: If any portion or provision of these Regulations or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other portions,
provisions or applications of these Regulations which can be given effect without the
invalid portion, provision or application, and to this end the various portions and
provisions of these Regulations are declared to be severable.
SECTION 7: All previous Ordinances or parts of Ordinances in conflict with these
Regulations are hereby repealed. fi