ORD NO 18-2019 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 d -2019
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 the
Van Buren Civil Service Rules and Regulations to reflect current state laws; and
WHEREAS, Arkansas Code § 14-51-301 (b) (1) (B), concerning rules and regulations
governing the police and fire departments of its respective cities, amends the law
concerning age of eligibility; and
WHEREAS, the proposed amendments herein,promote hiring qualified applicants, and
protecting the fairness and independence of the hiring process; 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:
SECTION 2: Article III, Section I and Section II, shall read:
Beginning October 28, 2019,these Civil Service Regulations shall
apply to and be effective and in force as to all uniformed employees and/or
certified personnel of the Police Department working fulltime in the existing or
future positions of: Captain, Lieutenant, Sergeant, Corporal, Patrol Officer,
Detective, and Animal Control Officer. Dispatchers hired before October 28,
2019, shall remain under Civil Service Regulations. Any person holding the
position of Part-Time Police Officer II, who wishes to be appointed to any
full-time Patrol Officer 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/Operator/Lieutenant or
Firefighter.
SECTION 3: Article IV, Section I, shall read:
"A person must be at least eighteen(18)years of age, and must not have arrived
at thirty-five (35)years of age to be eligible for appointment to any position on
the fire department."
SECTION 4: In Article VII, Section II, shall read:
"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 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 minimum score of sixty (60)
points must be also attained on the oral review board score. The combined score
of the written examination and oral review will determine the ranking of the
officer on the promotion list."
SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, 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 and to that extent the provisions hereto are declared
to be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of GA for and 0 against,the foregoing Ordinance
at its regular meeting held on the 25th day of November 2019.
.4 4 ` `
Josep H rst
Mayo
ATTESTED: APPRV : Lrl •
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Phy 's _homas Candice A. Settle
City Clerk/Treasurer City Attorney
VAN BUREN 800 Fayetteville Road Van Buren,Arkansas,72956
Ph:479-474-1234• Fax:474-474-0203
Jl Jamie Hammond,
Chief of Police
TO: Mayor Joe Hurst
FROM: Chief Jamie Hammond
SUBJECT: Civil Service Commission Revision
DATE: September 17,2019
Currently, police officers,fire fighters and dispatchers at the City of Van Buren are regulated by the rules
and regulations of the Civil Service Commission(CSC). The CSC is made up civic-minded community
members appointed by City Council and their terms and duties are defined by Arkansas law. One of their
duties is to define and oversee the hiring processes of applicants for the police and fire departments.
Although It's very common for police officers and fire fighters to be regulated by a CSC,the City of Van
Buren is unique since our 911 dispatchers also fall under CSC regulations. I propose we change our
current structure and going forward, remove dispatchers from the CSC. Here's why:
The Van Buren Police Department is the only agency in this region of the state where the minimum age to
be a 911 dispatcher is twenty-one. I think it can only be due to the vague wording of the Arkansas Civil
Service statutes,which states, "No person shall be eligible for appointment on the police department
affected by this chapter who has not arrived at twenty-one (21)years of age". In my opinion,when the
Arkansas law was written, it was written specifically for police officers but when the City of Van Buren
went to CSC in the early nineties, it was assumed that the twenty-one-year-old age minimum pertained to
dispatcher,too.
If we lower the minimum age for 911 dispatchers to eighteen,we will be able to solicit applications from
a broader range of applicants. Since the minimum age to be a police officer in Arkansas is twenty-one, I
think a position as a 911 dispatcher would appeal to someone who wants to be a police officer but hasn't
reached the minimum age. If we were to hire an eighteen-year-old as a dispatcher and then hire them as a
police officer when they turn twenty-one,we would all benefit from the experience they've had for those
previous three years as a dispatcher.
Since CSC laws and guidelines define how testing and hiring practices are to be done,we are limited in
how we hire 911 dispatchers. For example, under CSC guidelines, we must give a mass written test twice
per year(or as needed)and then undergo the background investigation and subsequent testing on all those
who pass the written test.
Once the background investigations and other elements of the process are complete,a list of successful
applicants are placed on a hiring list. As vacancies occur,we hire one of the top three from the hiring list.
Unfortunately,there are times when the most qualified candidates relinquish their position on the hiring
list due to another job opportunity that arose while they waited for a vacancy. If we're able to forgo the
mass testing and hiring list process and instead,hire a dispatcher as needed,we will still do the same
written test and background investigation,we would just do it as needed and be able to tell a qualified
applicant that they will be given a conditional offer within a few weeks rather than months. This
proposed hiring process is no different than the current process we use for hiring VBPD clerical staff
As you can see from the chart below,the City of Van Buren is the only agency polled where 911
dispatchers are regulated by CSC and has a minimum age of twenty-one to be a hired.
;, �, a ,:,,.2';a :2 A' s C.„x. "'
ep s y
� ..�F v f�'.+y �^ V tN;� ��� -:f�r/r(tt�i.N ����� � ..., � f. .a A4'.
Crawford County SO 18 N/A* N/A*
Sebastian County SO 18 N/A* N/A*
Washington County SO 18 N/A* N/A*
Alma PD 18 N N
Bentonville PD 18 N N
Fayetteville PD 18 Y N
Fort Smith PD 18 Y N
Little Rock 18 Y N
Rogers PD 18 Y N
Siloam Springs PD 18 Y N
Springdale PD 18 Y N
Russellville PD 18 Y N
Van Buren PD 21 Y Y
*Civil Service applies only to municipal government.
The attached 1992 ordinance shows that voters passed the ordinance to allow the police department to fall
under CSC regulations; however, nothing in the ordinance was mentioned about 911 dispatchers. There
isn't anything in writing,but by recollection of VBPD employees working here in the early nineties,
Chief Laban Dyer,who was the police chief at the time,wanted the 911 dispatchers to be under CSC and
imposed it on his own.
To better streamline the hiring process of 911 dispatchers and to be aligned with industry standards in the
state, I recommend that we remove 911 dispatchers from CSC regulations; however, I recommend that
our current 911 dispatchers who were hired under CSC regulations still remain under CSC regulations.
Although I'm not sure that it's necessary, I recommend that this action be voted on by City Council so
I'm proposing that it be added to the November,2019 agenda.
Van Buren Civil Service commission meeting November 20, 2019
Present: Chairman Joe Stewart, Gene Bell, Doug Brooks, Police Chief Jaime
Hammond, officers Larry Brown Chase DeCrue, Secretary Karen Pharis.
The Van Buren Civil Service Commission met at 1:30 on Wednesday, November 20
2019 to review items of support to be presented to the Van Buren city council.
Commissioner Doug Brooks made the motion which was seconded by Gene Bell:
1. Allowing the Van Buren Fire Department to hire qualified 18 year olds as
allowed by Arkansas state law.
2. Removing dispatchers from Civil Service hiring procedures.
3. Include the "oral review board score" with written examination when
considering police department officer promotions both to sixty-percent.
The motion passed.
The meeting adjourned at 1:40pm
Respectfully submitted,
Karen Pharis
F
ARTICLE III: COVERAGE
SECTION 1: Beginning October 28, 2019, Tthese Civil Service Regulations shall apply
to and be effective and in force as to all uniformedemployees
and/or certified personnel of the Police Department working fulltime in the existing or
future positions of: Captain, Lieutenant, Sergeant, Corporal, Patrol Officer, Detective,
Dispatcher, and Animal Control Officer. Dispatchers hired before October 28, 2019 shall
remain under Civil Service Regulations. Any person holding the position of Part-Time
Police Officer II, who wishes to be appointed to any fulltime Patrol OfficerDispatcher
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/Operator/Lieutenant or Firefighter.
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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.
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 cannot have one or more of"Does Not Meet Expectations or
Standards" scored on his or her Performance Evaluation_-ln order to be eligible for
promotion, a minimum score of sixty (60) points must be also attained on the oral review
board score. The combined score of the written examination and oral review will
determine the ranking of the officer on the promotion list.
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 (.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.
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