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ORD NO 06-2000 CITY OF VAN BUREN, ARKANSAS ie ORDINANCE NO. —2000 AN ORDINANCE AMENDING THE VAN BUREN CIVIL SERVICE REGULATIONS. WHEREAS, The state law pertaining to the authority and obligations of the Civil Service Commission and operation of the civil service system, have been amended, and WHEREAS, The Civil Service Commission has meet and voted to approve the following amendments to the present civil service regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: TI -IAT in Article II, Section 3, the last sentence shall read as follows: "All applications for appointment or promotional examinations shall be filed with the Van Buren Police Chief or the Van Buren Fire Chief by 5:00 P.M. at least ten (10) days prior to the date of the exam." SECTION 2: THAT in Article 11, Section 7, shall read as follows: "As soon as it is practical after the examinations, the Commission shall complete their review of the examination process 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, 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. 0 SECTION 3: THAT in Article II, Section 8, shall read as follows: "The certified eligibility list shall be posted within ten (10) days of the certification at the following places: The Van Buren Municipal Complex, the Van Buren Police Station and at each Van Buren Fire Station." SECTION 4: THAT in Article 11, Section 9, shall read as follows: "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." SECTION 5: THAT in Article III, Section 2, shall read as follows: "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 6: THAT in Article IV, the following shall be added to Section 1: "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 involve duties administrative, managerial, or supervisory in nature." SECTION 7: THAT in Article IV, Section 2, shall read as follows: "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." 0 SECTION 8: TI -IAT in Article IV, Section 6, shall read as follows: "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 test conducted by the respective departments and to submit to a background check. Failure to successfully complete the physical agility test and /or a deficiency in the applicants background check shall disqualify a candidate from further consideration. In addition, all applicants for appointment to the Police Department, 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, which shall question the candidates regarding any areas of concern and determine such things as the candidates 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. The Police Review Board shall report its evaluation to the Police 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 with reference to the Fire Department, and completion of the written examination, background check, physical agility test and interview with reference to the Police Department, 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 9: THAT in Article IV, the following shall be added to Section 7 "If the individual accepts the notice in person and by written signature, the requirement of notice by Certified Mail may be dispensed." SECTION 10: THAT in Article IV, Section 10, shall read as follows: "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." 0 SECTION 11: TI -IAT in Article IV, Section 1 I, shall read as follows: "After successful completion of all the requirements set out herein, the individual shall be appointed as a Probationary Patrolman or Firefighter Trainee. Each Probationary Patrolman or Firefighter Trainee upon appointment shall receive a copy of the Civil Service Regulations." SECTION 12: THAT in Article V, Section 3, shall read as follows: "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 13: THAT in Article V, Section 4, shall read as follows: "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 14: TI-IAT in Article V. Section 5, shall read as follows: "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 Captain, and received passing evaluations." SECTION 15: TI -IAT in Article V. Section 6, shall read as follows: "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." SECTION 16: THAT in Article VI, Section 1, shall read as follows: `No employee shall be eligible for examination for advancement to the rank of Driver /Lieutenant 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. 0 SECTION 17: THAT in Article VI, Section 2, shall read as follows: "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 /Lieutenant, such two (2) years consisting of six (6) months in probationary status and eighteen (18) months in rank as a Fire Driver." SECTION 18: TI -IAT in Article VI, Section 3, shall read as follows: "No employee shall be eligible for examination for advancement to the rank of Deputy Chief or Assistant Chief/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." SECTION 19: THAT in Article VI, Section 4, shall read as follows: "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." SECTION 20: THAT in Article VI1, Section 1, shall read as follows: "Promotions shall be based upon open, competitive examinations of efficiency, character and conduct in the form of a Civil Service written examination, Fire Department Examinations (written, oral or practical or a combination of the three) and Departmental Performance Evaluations. For both the Police and Fire Departments, the Performance Evaluation shall be conducted by Departments, the Performance Evaluation shall be conducted by officers selected by the 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 21: THAT in Article VII, Section 3, shall read as follows: "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 22: THAT in Article VII, Section 8, shall read as follows: "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." e SECTION 23: THAT in Article VII, Section 9, shall read as follows: "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 24: THAT in Article VII, Section 10, shall read as follows: "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 25: THAT in Article VII, Section 11, shall read as follows: "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 therefrom nor shall the requirements of stating the reasons therefor be considered as to require such reduction to be for good cause." 0 SECTION 26: THAT in Article VII, Section 12, shall read as follows: "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 27: THAT in Article VII, Section 13, shall read as follows: "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." SECTION 28: THAT in Article IX, Section 1, shall read as follows: "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 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 29: THAT in Article IX, Section 6, shall read as follows: "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 0 law." 0 SECTION 30: THAT in Article IX, Section 7, shall read as follows: "As soon as is practicable after such hearing, the Commission shall announce its decision and notice thereof shall be presented in writing to the person requesting the hearing or to such person's representative." SECTION 31: This Ordinance being necessary for the immediate protection of the public health, safety, and welfare of the citizens of Van Buren, Arkansas, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS 0.6 DAY OF a jl e 2000. MAYOR JCS N R 6 GS S. ATTESTED: 1C -cSZ, CITY CLERK \TREASURER 0