See Section 133.01(b) for Police Initiative and Tenure Board composition.
[Ord. 42-1971 § 1, passed 6-30-1971]
These rules set forth the principles and procedures that are
to be followed by the Police Initiative and Tenure Board in its personnel
program to the objective that the Bureau of Police and its sworn employees
may have the assurance that personnel shall be dealt with on an equitable
basis and that the residents of the City may derive the benefits and
the advantages which can be expected to result from a competent Police
Bureau.
It is the purpose of these rules to clarify the provisions of
the Police Initiative and Tenure Ordinance and to establish uniform
procedures which will govern all administrative actions concerning
all the various personnel activities and transactions assigned to
the Board by this article. These rules shall:
(a)
Assure that personnel problems shall be treated consistently;
(b)
Assure that each supervisor and each sworn employee is aware of his
responsibilities in making the Police Initiative and Tenure Ordinance
work;
(c)
Clarify the interpretations the Mayor, Council and the Board intend
for the various enabling provisions of this article.
[Ord. 42-1971 § 1, passed 6-30-1971]
The following definitions set forth the meanings to be given
to the terms used in these rules and regulations, except where the
context in which their use clearly indicates that another meaning
is intended.
(a)
APPLICANT — Any sworn employee of the Bureau of Police who
is applying to take a promotional examination.
(b)
APPOINTMENT — The act of assigning a sworn employee to a vacant
position in the Bureau of Police. Appointment may be either promotional,
temporary, emergency, demotion, reinstatement or re-employment.
(c)
ASCERTAINED MERIT — The quality of an employee's performance, as measured by a job performance evaluation made pursuant to Section 133.124.
(d)
CANDIDATE — Any sworn employee who has applied for a promotional
examination and who has had his application approved by the Police
Initiative and Tenure Board and has entered into the examination process.
(e)
CERTIFICATION — The act of the Board, through its President,
of submitting to the Chief of Police names of persons who are eligible
for promotion to vacant positions in the Bureau of Police above the
rank of patrolman and requiring sworn employees.
(f)
CLASSIFICATION — The grouping of positions in the Bureau of
Police into ranks, so that one job description can be used for all
of the positions, so that they can all be paid at the same rate of
pay, and so that one promotional examination can be developed for
fairly testing the merit and fitness of persons seeking promotion
to the rank.
(g)
CONTINUOUS SERVICE — Employment with the Bureau of Police uninterrupted
by either resignations, dismissals or lay-offs. In computing continuous
service, time spent under suspension from the Bureau of Police and
time spent on authorized leave of absence, except authorized military
leave of absence, shall not be counted in computing the length of
continuous service, provided that the length of such leave of absence
or suspension exceeds 30 calendar days.
(h)
ELIGIBLE — Any candidate for promotion who has successfully
passed all parts of the promotional examination and whose name appears
on an eligible list.
(i)
ELIGIBLE LIST — A list, prepared by rank by the Board, showing
the names and addresses of both present and former sworn employees
who can properly be considered by the Mayor for appointment to vacancies
in ranks above the rank of patrolman. Eligible lists may be either
promotional, lay-off, reinstatement or military.
(j)
EXAMINATION PART — A subject upon which the candidates are
to be examined, in promotional examinations, with weight given to
each part by the Board to represent its value in determining a general
average representative of the candidates ability to perform in such
rank.
(k)
FITNESS — Soundness in health and the physical ability of an
applicant to perform the duties of the ranks for which he has applied.
(l)
MINIMUM PASSING SCORE — The raw, unconverted score of any part
of an examination determined by the Board to be the lowest possible
score a candidate can attain and still continue in the examination
process.
(m)
POSITION — The set of duties and responsibilities within the
Bureau of Police that are to be performed by a single sworn employee.
All positions are classified in one of the various ranks established
by Council. Positions may be either vacant or filled by the appointment
of a sworn employee.
(n)
POLICE INITIATIVE AND TENURE BOARD — The Board of seven members specified by Section 133.01 and hereinafter referred to as the Board.
(p)
PROMOTION — The act of being appointed to a position in a rank
higher than the rank presently held, after competition in a promotion
examination and certification from a promotion eligible list.
(q)
RANK — A position or group of positions identified by Council
as being so similar in makeup that they can be described by one job
description, appropriately paid one salary rate and properly examined
for by one promotional examination.
(r)
SWORN EMPLOYEE — A member of the Bureau of Police appointed
to a position, the duties of which require the person to take the
oath of office of a police officer.
(s)
STATUS — A condition that accrues to a sworn employee by virtue
of filling certain requirements established by law, ordinance or these
rules. A sworn employee can either have temporary status, emergency
status, probationary status or tenure.
(t)
TENURE — That a sworn employee has met all of the requirements
of the rank to which his position is assigned and he can only be removed
involuntarily from that rank for cause and he has full rights of appeal.
[Ord. 42-1971 § 1, passed 6-30-1971]
The classified service shall comprise all positions requiring
sworn personnel in the Bureau of Police now existing or hereafter
created. The classified service is divided into exempt and nonexempt
service.
[Ord. 42-1971 § 1, passed 6-30-1971]
Each present sworn employee who held an office or position above
the rank of patrolman in the nonexempt classified service on January
6, 1971, the effective date of the Ordinance, shall, within one year
of the date of that Ordinance, be examined with a qualifying examination
for the rank he held on that date.
Those sworn employees attaining a passing grade on the qualifying
examination shall be given tenure in the rank held, effective January
6, 1971, as provided in these rules.
The qualifying examination for each rank shall be developed
in accordance with the general examination provisions established
by these rules, except that:
(a)
Any candidate who passes a regular promotion examination for a rank
shall be deemed to have passed the qualifying examination for that
rank and for any lower rank.
(b)
The qualifying examination shall be held separately from the regular
promotional examination for the same rank.
(c)
The written part of the qualifying examination shall test only the
knowledge required for the rank held by the sworn employee.
(d)
Before the identity of the qualifier is known, the Board shall establish
the passing grade for the qualifying examination, based on a detailed
analysis of the overall knowledge level of the present incumbents,
and this passing grade need not be 70% of the total possible score.
(e)
Each sworn employee of the Bureau of Police shall be allowed to take two such qualifying examinations, within one year after January 6, 1971, before being demoted in accordance with Section 133.47. When a candidate fails two consecutive qualifying examinations and is demoted to a lower rank, the Board may consider his last qualifying test as suitable for examining him for the rank to which he was demoted and may qualify him for that rank, based upon his score on this test, without requiring him to submit to another qualifying examination. In no case will a sworn employee be demoted more than one rank through his failure to pass a qualifying examination. If there are no vacancies in the next lower rank, the demoted employee will be assigned to the position occupied by which each sworn employee is eventually promoted as a replacement for the demoted member and he shall be given tenure in that rank.
[Ord. 42-1971 § 1, passed 6-30-1971]
The ranks in the Bureau of Police and the line of promotion
shall be as below listed, or as amended either by addition or deletion
by Council.
(a)
Chief of Police.
(b)
Inspector.
(c)
Captain.
(d)
Lieutenant.
(e)
Sergeant and Detective Sergeant.
(f)
Patrolman.
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The ranks of radio technician and corporal are not in the line
of promotion and shall be filled by promotion from patrolman. Because
special skills are required by the duties of radio technician, the
Board may authorize the Chief to appoint civilian radio technicians
from outside the Bureau of Police.
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The Chief shall submit to the Board a written job specification
for each rank. The job specification shall consist of a title; a written
explanation, in paragraph form, of the generalized description of
duties and responsibilities of all positions in the rank; a fairly
comprehensive, but not necessarily complete, listing of specific duties
performed by representative positions in the rank; and a statement
of knowledge, skills and abilities that should be possessed by persons
holding positions in the rank.
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Whenever a new rank is created by Council, the Chief shall submit
to the Board a written job specification for the new rank before any
examination is announced for any rank.
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[Ord. 42-1971 § 1, passed 6-30-1971]
The changing of the compensation paid all positions in any rank
shall not affect the status of any incumbent with tenure in that rank.
If Council increases the compensation for certain positions
in a rank, but not all positions in that rank, the Chief shall provide
the Board with a job specification for its specific positions whose
compensation is increased. The Board shall review the duties of these
positions and, if they determine that the change in duties requires
a different examination, they shall determine that a new rank has
been created and that a new examination shall be held, pursuant to
these rules.
[Ord. 42-1971 § 1, passed 6-30-1971]
Whenever the Chief of Police feels that the changes in the duties
of a specific position or positions are such to warrant the creation
of a new rank, he shall submit a complete position description for
the position or positions in question to the Board. The Board shall
compare the new position description with the existing specification
for the present rank. If the Board feels a new rank is justified,
it shall request Council to create such a rank by ordinance.
[Ord. 42-1971 § 1, passed 6-30-1971]
The rules may be amended, including rescinded in whole or in
part, by the following procedure:
(a)
Text of the proposed amendment shall be presented in full at a legally
held meeting of the Board. Tentative approval shall be by the majority
of the members of the Board present and voting.
(b)
If so tentatively approved, the text of the amendment shall be spread
in full upon the minutes of the meeting and the Board shall schedule
a second meeting, for adoption, which shall be at least one week after
the first meeting. Each member of the Board shall be immediately notified
in writing by the Secretary of the substance of the proposed amendment
and the time and date fixed for its final consideration.
(c)
At the second meeting, legally constituted, adoption of the amendment
shall be by a majority vote of the members present and voting.
(d)
If so adopted, the amendment shall be delivered to the Mayor for
his consideration. He shall approve or disapprove within 30 calendar
days after the amendment is delivered to him. In the event that he
has not disapproved the amendment within that time limit, the amendment
shall be considered to be approved.
(e)
At the same time that the amendment is sent to the Mayor, a copy
of the amendment shall be sent to Council. They shall approve or disapprove
within 30 calendar days after the amendment is delivered to them.
In the event that they have not disapproved the amendment within that
time limit, the amendment shall be considered to be approved.
(f)
On approval by both the Mayor and Council or upon the passage of
the thirty-day time limit without disapproval, the amendment shall
become effective.
