The Common Council of the City of Oneonta, New
York, recognizes that the protection of the health, safety and general
welfare of the people requires that police officers maintain certain
fitness standards in order to properly execute their jobs, both on
a day-to-day basis and under emergency and extraordinary situations.
The Common Council of the City of Oneonta makes a legislative determination
that it is desirable for the members of the Oneonta Police Department
to maintain a certain fitness standard, not only upon the commencement
of employment but throughout their period of employment by the Oneonta
Police Department. It is further determined by the Common Council
of the City of Oneonta that the public need is sufficient to require
that members of the Police Department, hired after the effective date
of this article, conform to and maintain a minimum standard of fitness
throughout their period of employment at least on an annual basis.
As used in this article, the following terms
shall have the meanings indicated:
MINIMUM FITNESS STANDARD
That standard agreed upon between the City of Oneonta and
the appropriate police union bargaining representatives through the
collective bargaining process. Said fitness standard shall be the
current definition agreed to under the provisions of the collective
bargaining agreement, or, if no collective bargaining agreement exists,
the fitness requirements as were set forth in the last collective
bargaining agreement between the City and the Police Union.
In the event that the Common Council of the City of Oneonta determines that it is in the best interest of the City of Oneonta to do so, the provisions of §
31-16 may be waived with respect to a particular person or a particular position in accordance with this standard:
A. The requirement of physical fitness may be waived
in those instances where the City of Oneonta has difficulty hiring
members of the Oneonta Police Department because of this physical
fitness requirement.
B. Temporary physical restrictions or light-duty circumstances.
Upon determination by the Chief of Police that, as a result of a temporary
medical or physical condition, the member of the Oneonta Police Department
is unable to comply with the physical standards as set forth herein
or as a result of injuries received in the line of duty that member
of the Police Department is assigned to light-duty work, but prior
to full reinstatement to regular duty, that member of the police force
will be required to reestablish his/her fitness according to the statutory
standard.