(Derived from Ch. 148 of the 1975 Compilation)
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:
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.
A.
The Common Council of the City of Oneonta hereby establishes
a minimum fitness requirement as defined above for all prospective
members of the Police Department of the City of Oneonta. Every person
employed as a member of the Police Department by the City of Oneonta
on or after the effective date of this article shall conform to the
minimum fitness standard as set forth herein.
B.
This provision will apply regardless of employment
as a new police officer or through lateral transfer from another police
agency.
A.
Should it be alleged that a member of the Oneonta Police Department who is subject to the provisions of § 31-16 of this article does not conform to the minimum fitness standards as defined in this article, the Personnel Technician, or, in the alternative, any other City employee or City official who is designated by the Mayor and the Common Council of the City of Oneonta to perform this function, shall provide a member of the Oneonta Police Department with written notice of his alleged failure to conform to the provisions of this statute.
B.
A member of the Oneonta Police Department so notified
shall have 60 days from the date of written notice in which to conform
to the minimum fitness standard as certified by the Police Chief of
the City of Oneonta.
C.
Upon the failure of the member of the Oneonta Police
Department to conform to such standards within the sixty-day period,
such member will be deemed to be voluntary resigned as of the end
of business on the 60th day of the date of the written notice.
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.
