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ORD NO 20-2010 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. t)O -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 35-1979 (AS AMENDED) ESTABLISHING THE VAN BUREN CIVIL SERVICE COMMISSION, TO AMEND THE CIVIL SERVICE REGULATIONS FOR THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF VAN BUREN, TO ADOPT ALL CURRENT DEPARTMENT POLICIES AND PROCEDURES, AND FOR OTHER PURPOSES. WHEREAS, the City adopted Ordinance 35 -1979, as amending, 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 Van Buren Municipal Code, Chapters 2.40 and 2.44, and the Civil Service Regulations, and have determined that there is a need to adopt various updates and clarifications to the Civil Service regulations, code provisions, etc., 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 November 4, 2010, to consider these proposed amendments, and on November 15, 2010, at the regular monthly City Council meeting; and WHEREAS, the proposed changes herein were unanimously recommended by the Civil Service Commission at the conclusion of the November 4, 2010, meeting. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Ordinance No. 35 -1979, as amended, (VAN BUREN MUNICIPAL CODE 2 .40 -2.44) shall be further amended as follows: 2.40.01 Appointedment of Commission: The Civil Service Commission shall be appointed by the Mayor. in accordance with Article 1 of the Civil Service Regulation for the Police and Fire Departments of the City of Van Buren. Arkansas. subject to approval by the City Council. That-Raymerrd-... [remainder of existing section deleted] 2.40.03 A«,w ,d ,writs ter Civil Service Regulations: The attached regulations dated November 14. 2010 are hereby adopted by reference and incorporated herein. That [remainder of existing section deleted] SECTION 2: Pursuant to Article XI Section 3, all current rules and regulations of the Police Department and Fire Department are hereby ratified and adopted hereto. SECTION 3: The various provisions and parts of this Ordinance, or the regulations adopted hereto, 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 WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass approve, and adopt, by a vote of 4 for and 0 against, the foregoing Ordinance at its regular meeting held on the 15th day of November 2010. 0 i -.te Robert D. Freed ATTESTED: L.I�LL� Nj- -APPRO D S TO FO 2: 81 /ry t-1 l tQ I�C. Barbie Curtis, City Clerk/Treasurer N. Donald nkins, J iAttorney 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 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 ofthe Police and Fire Departments of the City of Van Buren, Arkansas. ARTICLE I: CIVIL SERVICE COMMISSION: SECTION 1: The Board of Civil Service Commissioners shall be organized pursuant to the provisions ofthe Ark. Code Ann., Sections 14 -51 -212. The Commission shall be composed of five (5) upright and intelligent citizens ofthe 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 govermnent, 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 oftheir 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 oftheir 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 Page 1 of 18 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 5: The Commission shall review complaints filed by any citizen and promulgate rules for such reviews, including rules that give the Commission authority to consider certain personnel issues in executive session, and to establish any necessary appellate procedure. SECTION 6: 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 7: 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 8: 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 9: 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 tern, the Van Buren City Council shall fill the vacancy by the appointment of a Commissioner for a period of six (6) years. Page2of 18 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 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 of30 days 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 by 5:00 P.M. at least ten (10) 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 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. I£ upon the date of certification, a prior list is still in effect, then the newly certified eligibility list shall not supersede the prior fist until such list has been exhausted for anyone 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 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. Page 3 of 18 SECTION 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. Page 4 of 18 ARTICLE III: COVERAGE SECTION 1: These Civil Service Regulations shall apply to and be effective and be-in force as to all uniformed and/or non uniformed employees and /or certified personnel of the Police Department working eitlrerfu11 vi pat t -time in the existing or future positions of: Assistant Chief, Major, Captain, Lieutenant, Sergeant, Corporal, Patrolman, Detective, Dispatcher, and Animal Control Warden. Any person holding the position of Part-Time Police Officer II, who wishes to be appointed to any full time 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- tine, in the existing or future positions of Deputy Chief, Assistant Chief /Battalion Chief, Captain, Driver /Operator /Lieutenant or Firefighter. Page 5 of 18 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 involve 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 ofthe Civil Service Regulations will be provided to an applicant for appointment upon request. SECTION 3: All applicants for appointment or promotion 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 or promotion. All applicants shall be required to present their driver's license at the site ofthe 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: 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. 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 candidates motivation, Page 6 of 18 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, 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 respective 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. Page7of 18 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 Patrolman or Firefighter Trainee. Each Probationary Patrolman 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. Page 8 of 18 ARTICLE V: QUALIFYING CRITERIA FOR PROMOTION IN THE POLICE DEPARTMENT. SECTION 1: No employee shall be eligible for examination for advancement to the rank of Corporal until that employee shall have served at least five (5) consecutive years as patrolman, 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 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 5: 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 6: 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. Page 9 of 18 ARTICLE V1: QUALIFYING CRITERIA FOR PROMOTION IN THE FIRE DEPARTMENT. SECTION 1: 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. 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/Lieutenant, 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 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 and has a valid Arkansas Emergency Medical Technician certification and Hazmat Technician Level III certification. SECTION 4: 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. Page 10 of 18 ARTICLE VII. PROMOTIONAL POLICY. SECTION 1: 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 Conunission 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 must achieve a score of seventy (70) points of a possible one hundred (100) points. A total minimum score of one hundred thirty (130) points of a possible two hundred (200) points from the Civil Service Written Examination and the Department Performance Evaluation, with at least a minimum passing score on each, must be achieved to be eligible for promotion. 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 eamed 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 perfonnance 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. Page 11 of 18 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 eamed 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). Page 12 of 18 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. Page 13 of 18 ARTICLE VIII. TEMPORARY APPOINTMENTS AND WAIVER OF EXAMNATIONS. SECTION 1: The heads 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 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. Page 14 of 18 ARTICLE IX: DISCIPLINE AND GRIEVANCE PROCEDURE. SECTION I 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 ]awful 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 he 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 Page 15 of 18 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. Page 16 of 18 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 Department by the Comrnission for aperiod not to exceed one (1) year. An individual shall receive no compensation or other benefits during the period of said leave of absence. SECTION 2: Before any member of the Fire or Police Department is reinstated to the Department following a leave of absence, whether the leave of absence shall have been based upon a physical disability or otherwise, such member shall submit himself to a physical examination by a licensed physician of his choice, at his own expense, and obtain from the physician certification that the member is capable of performing the functions of the position to which they would be reinstated. SECTION 3: Nothing herein is intended or should be interpreted to diminish or enhance any statutory right conferred under the FAMILY MEDICAL LEAVE ACT, 29 U.S.C. §2601 et seq., or the ARKANSAS WORKERS COMPENSATION ACT, Ark. Code. Ann. 11 -9 -101 et seq. Page 17 of 18 ARTICLE XI: MISCELLANEOUS PROVISIONS SECTION I 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. Page 18 of 18