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.
| 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. |
| 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. |
| 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. |
[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.
