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ORD NO 21-2020 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. a/ - 2020 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, AND DECLARING AN EMERGENCY. WHEREAS, the Van Buren Civil Service Commission has identified the need to amend the Probationary Appointment Policy portion of the Van Buren Civil Service Rules and Regulations; 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. WHEREAS, in order preserve the fairness and independence of the Van Buren Civil Service Commission and its rules and regulations, and to promote the hiring of qualified applicants for the Van Buren Fire and Police Departments, a state of emergency exists and the following amendments are needed to be made effective immediately for the protection of the health, safety, and welfare of the citizens of the City of Van Buren. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Probationary Appointment Policy portion of the Van Buren Civil Service Rules and Regulations are hereby amended as follows: SECTION 2: Article IV, Section 6, shall read: o„ � " —E�=etin-o ding-ef t�e wr «itt en-examinatien3 a All applicants for either the Police or Fire Departments who have ed the . ritten o nation 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 be at 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 3: In Article IV, Section 7, shall read: "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 „nd by ce ftife mail, 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. and-upen-z Failure to accept appointment, that individual 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 4: In Article IV, Section 10, shall read: "After an applicant has been tentatively appointed, that individual must submit to a physical examination, and drug screen. including a drug test. Applicants seeking employment with 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 5. In order to preserve the fairness and independence of the Van Buren Civil Service Commission and its rules and regulations, to promote the hiring of qualified applicants, and to protect the public health, safety, and welfare in the City of Van Buren, an emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its approval. SECTION 6: 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 S for and O against,the foregoing Ordinance at its regular meeting held on the 26th day of October 2020. J. ep '. Hurst Mayor ATTESTED: •.' 'R O'W S TO I /-/4'ili C?ACIfi-)camgr ! Phyllis Thomas . •Tre. Settle City Clerk/Treasurer City Attorney 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 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, upon the filing of their applications, 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 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 Departments in }• , 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 be at 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, 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;. If unable to reach the candidate by oral or electronic notification, the candidate will be notified by certified mail. and upon fFailure to accept appointment, that individual 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. 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, including a drug test. Applicants seeking employment with 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 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. Van Buren Civil Service Commission Friday, September 25, 2020 A special meeting of the Van Buren Civil Service Commission was held Friday, September 25th at 10am through Webex video and telephone conferencing. Attending: Commission Chair Joe Stewart, Commissioners Gene Bell, Sam Bradley, Doug Brooks, and Karen Pharis, secretary, Jaime Hammond, Van buren Police Chief. The meeting was called at the request of Van Buren Police Chief Jaime Hammond for the purpose of considering the revision of three department policy sections regarding the hiring of officers. Section 6 pertains to the order in which the written and agility portion of the tests are taken. Currently, applicants take the written test first, then the agility test to those who qualify. In an effort to save time and resources, Chief Hammond recommends giving the agility test first, then the written exam. Commissioner Gene Bell made the motion to adopt this change. Seconded by Karen Pharis. The motion to give agility test first, passed unanimously. Section 7 deals with how the Van Buren Police Department communicates with applicants. Currently potential hires are notified by certified mail that a job is being offered to them. Chief Hammond would like to call or email first, then send a certified letter if they cannot be reached. If the individual turns down employment, the department will still get a written decline from the candidate. Gene Bell made the motion to adopt this change. Sam Bradley seconded. The motion to notify potential employees by phone and/or email passed unanimously. Section 10 concerns the interview process with prospective employees. Chief Hammond would like to add a polygraph test to the mix as another resource in selecting the most qualified candidates for the Van Buren police force. The department currently has the machinery and qualified personnel to operate it. A "fail" of the polygraph would not mean automatic disqualification of the candidate. Fort Smith and other police departments use the polygraph as part of their hiring tools. Gene Bell made the motion to add the use of a polygraph when making a conditional offer for employment with the Van Buren Police Department, and asked that Chief Hammond review the proposal with Attorney Candace Settle. Seconded by Sam Bradley. Commissioners approved the motion to use a polygraph test with potential employees unanimously. There being no further business, the meeting adjourned at 10:20am. Respectfully submitted, Karen Pharis, Secretary, Civil Service Commission 1