UntitledGolden Valley Police
CIVIL SERVICE COMMISSION
7800 Golden Valley Road
Golden Valley, MN 55427
Meeting
Monday — March 21, 2011
11:30 AM
Public Safety Building — Conference Room
AGENDA
Call to Order
Attendance / Roll Call
Agenda Review
Approval of Minutes — March 14, 2011 Meeting
Revised Rules & Regulations
Other Business
Closing Comments
Adjournment
Recommendation for
discipline of non covered
employee is made by chief or
appointing authority.
Civil Service is followed. The
Commission issues decision.
Employee may appeal to
district court.
Decision Flow Chart
Allegations of improper conduct
are investigated by the
Commission, Chief, or Superior
Officer.
Recommendation for
discipline of covered
employee is made by
chief or appointing
authority.
Employee
files
grievance.
No discipline is recommend.
Employee does
not contest
discipline.
Grievance process is followed. At stage 5,
employee may choose one manner of appeal, to
arbitration, civil service, veteran's preference or fair
employment — the other listed avenues of appeal are
waived in writing.
A tenured officer cannot be terminated or
removed except for cause upon written
charges and after an opportunity to defend
in front of the Commission. Such rights
can be waived by choosing arbitration or
another appeal body under the labor
agreement or if the employee accepts the
discipline. In any case where the
Commission does not hear an employee's
defense against termination, the City
should request a written waiver.
Kim JoDene Donat
Attorney DIRECT 612.341.9721
kdonat@bestlaw.com
Memorandum
Date: March 17, 2011
To: Police Civil Service Commission
From: Kim Donat
Regarding: Summary of Duties and Limitations of the Police Civil Service Commission
To form a Police Civil Service Commission the City passed a resolution accepting the provisions of
Minnesota statues sections 419.01 to 419.18. This memorandum serves as a summary of the powers
and duties described in the statutes to assist the Police Civil Service Commission in fully complying with
their statutory duties, even as they intersect with new structures within in the Police Department and
the Unions.
A. Membership on the Commission (Minn. Stat. § 419.02)
1. The Commission will consist of 3 members, each a resident of the City, appointed by the
City Council.
2. Each Commission will serve for 3 years, and will serve as President of the Commission in
the last year of his or her appointment.
3. No commissioner, while serving, can hold any elected office under the city, the United
States or the state of Minnesota, or any public corporation or political division thereof,
or be employed by the city, or the police department of any city other than as a member
of the Civil Service Commission for police, firefighters or other municipal personnel.
B. Meeting (Minn. Stat. § 419.02)
1. The Commission will meet immediately after their appointment and thereafter on the
first Monday in February each year.
2. A secretary will be selected at the meeting.
3. The Commission will fix the times of its meetings and adopt, amend and alter rules for
its procedure.
C. Commissioners to serve without pay (Minn. Stat. § 419.04)
1. Each commissioner will serve without pay.
2. The council may allow the secretary a salary not to exceed $100/year.
3. Expenses for supplies and equipment will be paid by the council, after being audited and
approved by the secretary and president of the Commission.
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D. Duties of Commission (Minn. Stat. § 419.05)
1. The Commission has absolute control and supervision over the employment, promotion,
discharge and suspension of all officers and employees of the police department.
2. Residency requirements may not be imposed without city council approval.
3. The Commission will create and maintain a service registry that will include the
following information:
L name of employee;
ii. grade;
iii. classification;
iv. age;
v. compensation;
vi. period of past employment; and
vii. other data the Commission deems useful.
4. The Commission will create a second register, the "application register", in which the
following information will be entered in order by date of application:
L name of applicant for examination;
ii. address; and
iii. office or employment sought.
5. Applications will be on forms prescribed by the Commission and contain the data and
information the Commission deems necessary and useful.
E. Rules for Police Department (Minn. Stat. § 419.06)
The Commission will adopt rules to promote efficiency in the police department service and to
carry out the purposes of Minnesota Statutes, chapter 419.06, the rules, among other things
must provide for:
1. the classification of all offices and employments in the police department;
2. Public competitive exams to test the relative fitness of applicants;
3. Public advertisements of all examinations at least ten days in advance in a newspaper
of general circulation in the city and posting the advertisement for ten days in the city
hall and at each station house;
4. The creation and maintenance of lists of eligible candidates after successful examination
in order of their standing in the exam and without reference to the time of exam, (which
must be in the eligible register);
5. The Commission may by rule provide for striking any name from the eligible register
after it has been on the register for one year
6. The rejection of candidates or eligibles who after the entry of their names fail to comply
with the reasonable rules and requirements of the Commission in respect to age,
residence, physical condition or otherwise or who have been guilty of criminal, infamous
or disgraceful conduct, or of any willful misrepresentation, deception or fraud in
connection with their application for employment;
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7. The certification of the three names standing highest on the appropriate list to fill any
vacancy;
8. Temporary employment without examination with the consent in each case of the
Commission, in cases of emergency, but no such temporary employee may continue
more than 30 days;
9. Promotion based on competitive examination and upon record of efficiency, character
conduct and seniority;
10. Suspension with or without pay for not longer than 60 days and for leave of absences
with or without pay; and
11. Other rules not inconsistent with the provision of Chapter 419 as may be necessary to
secure the purposes of Chapter 419.
F. Officers discharged only after hearing (Minn. Stat. §§ 419.07 and 419.075)
1. A newly appointed peace officer, who has completed basic peace officer training and
then been employed for 12 months continuously thereafter, cannot be removed or
discharged except for cause upon written charges and after an opportunity to be heard
in defense of the charges in accordance with the procedures set forth in Minn.
Stat. § 419.07.
2. An officer or employee (other than a peace officer) who has been employed for 6
months continuously, cannot be removed or discharged except for cause upon written
charges and after an opportunity to be hard in defense of the charges in accordance
with the procedures set forth in Minn. Stat. § 419.07.
3. If a city has adopted a formal merit system, Minn. Stat. 419.075, will govern the
discharge of newly appointed peace officers that have completed basic peace officer
training and been continuously employed for 12 months. In this case such newly
appointed peace officer may only be removed or discharged for cause upon written
charges and after an opportunity to be heard in defense of such charges, however the
procedures are not dictated by Minn. Stat. § 419.07.
4. Nothing in, this chapter shall limit the power of any officer to suspend a subordinate for
a reasonable period not exceeding 60 days for the purpose of discipline or pending
investigation of charges when the officer deems such suspension advisable.
G. Rules and Standards (Minn. Stat. § 419.08)
The Commission will ascertain the duties of each office, position and employment in the police
protection service of such city, and designate by rule as well as may be practicable the grade of
each office, employment or position. The Commission will prescribe standards of fitness and
efficiency for each office, position and employee and for each grade and adapt its examination
thereto.
H. Examinations (Minn. Stat. § 419.09)
1. Examinations will be impartial, fair and practical.
2. No question will relate to political or religious convictions
3. All applicants for positions of trust and responsibility or special skills will be specially
examined for the appropriate qualities.
4. The Chief and every employee are obligated to act as an examiner or assistant examiner
without special compensation.
S. Commission members may also acts as examiners or assistant examiners.
I. Notice of Examinations (Minn. Stat. § 419.10)
1. Notice of time, place and scope of examinations will be published, posted and mailed to
applicants on the application register at least ten days in advance of the screening; the
notice may include language that additional examinations may be administered from
time to time during the life of the eligible register without additional publication.
2. The percentage score of those eligible after examination will be entered onto the
eligible register.
3. No name will remain on the eligible register more than two years without a new
application. When a vacancy is filled, such name will be stricken from the eligible
registry.
J. Charges filed with the secretary of the Commission (Minn. Stat. § 419.11)
1. Charges of inefficiency or misconduct may be filed with the secretary of the Commission
by a superior officer or the appointing authority, thereafter, the Commission will try the
charges after no less than ten days' written notice to the accused.
2. Further procedures, powers and duties applicable to the Commission applicable under
such circumstances are set forth in Minn. Stat. § 419.11.
K. Suspension and removal (Minn. Stat. § 419.12)
1. An employee who, after investigation and trial by the Commission, is found guilty of
inefficiency, breach of duty, or misconduct, may be removed, reduced or suspended.
2. The employee's name may also be stricken from the service register.
3. If the Commission determines the charges are not sustained the accused will be
immediately reinstated and will received back pay from the date of suspension without
pay.
4. Findings, determinations, and orders of the Commission for suspension, reduction or
removal will be in writing and will be filed within 3 days after the completion of the
hearing with the secretary of the Commission. The secretary will notify the employee of
the decision in writing.
5. Appeal is allowed in accordance with chapter 14 of the Minnesota Statutes.
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L. Certain acts a misdemeanor (Minn. Stat. § 419.13)
This provision describes various misdemeanors for solicitation and payment for political
purposes made by or solicited from an officer or employee of the police department that is
operated under civil service as set forth in chapter 419, or for solicitation or payment in
connection with an applicant's examination or appointment.
M. Commission vested with certain powers (Minn. Stat. § 419.14)
The city council may vest a civil service commission with the power and duties of the Police Civil
Service Commission described in Minn. Stat. § 419.01, et al.
N. Officers to come under Commission (Minn. Stat. § 419.15)
Officers are to come under jurisdiction of Commission automatically, upon creation.
O. Abolition of Commission (Minn. Stat. § 419.16)
This provision describes the abolition of the Commission if moved by the City Council or by
petition of legal voters.
P. Abolition submitted to votes (Minn. Stat. § 419.17)
This provision describes the procedures and votes required to abolish the Commission by
petition to the voters.
Q. Application (Minn. Stat. § 419.18)
This provision limits the authority of the abolition requirements where the Commission was
created prior to 1933.
R. Limitation upon contest of certification (Minn. Stat. § 419.181)
This provision describes the limitations to contest the certification of anyone appointed to fill a
vacancy of the Commission, later than six years after the date of certification.
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RULES AND REGULATIONS - CIVIL SERVICE COMMISSION
GOLDEN VALLEY, MINNESOTA
Originally Adopted February 1, 1960
In the exercise of authority granted by Minnesota Statutes, Chapter 419 and amendments
thereto, the Police Civil Service Commission of the City of Golden Valley hereby adopts
the following Rules and Regulations.
Section 1 - Definitions (Amended 5-17-77 and 08-04-08)
(a) The word "Commission" used alone means the Police Civil Service
Commission of the City of Golden Valley.
(b) The word "Chief' used alone means the Chief of Police of the City of Golden
Valley.
(c) The term "position" includes "office" and "employment."
(d) The term "employee" includes all sworn Police Officers in the Police
Department.
(e) The term "veteran" has the same meaning as is given to that term by
applicable Minnesota Law.
Section 2 - Scope (Amended 5-17-77 and 08-04-08)
These rules shall apply to all sworn Police Officers in the Police Department, City
of Golden Valley, and applicants for such positions.
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Section 3 - Requirements for Entrance and Promotion (Amended 9-2-80, 2-5-
96 and 08-04-08)
Unless otherwise provided in these rules, a person hereafter seeking appointment
or promotion in the Police Department with resulting placement on the Police
Officer Eligibility Register or appropriate promotional eligibility register shall be
required:
(a) To file a written application on the form prescribed by the Commission.
Entry candidates will submit a preliminary application prior to any testing and
a comprehensive application after successful completion of tests but prior to
being hired.
(b) To fulfill the minimum requirements and pass the tests prescribed by the
Commission.
(c) To submit to medical examination by the City Health Officer and be certified
by that officer as physically and mentally fit.
(d) Be evaluated by a licensed psychologist.
(e) Agree to be fingerprinted and cooperate in a thorough background
investigation.
(f) To meet any other requirements prescribed by Minnesota law or regulation.
(g) To be certified by the Commission for appointment in accordance with these
rules.
Individuals currently employed as Golden Valley Community Service Officers
who are eligible to be licensed as Police Officers in the State of Minnesota shall
be eligible for selection as a Golden Valley Police Officer through application and
placement on the "Promotional Police Officer" eligibility register. The
Promotional Police Officer Eligibility Register is a separate register established to
allow Golden Valley Community Service Officers to become eligible for hiring as
Golden Valley Police Officers upon completion of all necessary educational and
testing requirements. To gain placement on this list, candidates must make
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written application through Human Resources, fulfill the minimum requirements
and pass the tests prescribed by the Commission, submit to medical examination
by the City Health Professional and be certified by that professional as physically
and mentally fit, be evaluated by a licensed psychologist, agree to be fingerprinted
and cooperate in a thorough background investigation, and meet any other
requirements prescribed by Minnesota law or regulation. The Golden Valley
Police Department shall have the option of utilizing either eligibility register when
filling a vacancy subject to advance notification to the Commission and the advice
and consent of the Commission, a m, Placement on the "Promotional
Police Officer" Eligibility Register is not a guarantee of being hired as a Golden
Valley Police Officer. The application posting and eligibility register is only open
to Golden Valley Community Service Officers and is intended to complement
workforce hiring options available to the City of Golden Valley. Eligibility for
hire for a particular candidate will expire two years after the candidate's name was
placed on the eligibility register. If hired as a Police Officer, candidates are
subject to all applicable Civil Service Commission and Police Department rules
and regulations as outlined for the position of Police Officer.
Section 4 - Notice of Examination (Amended 08-04-08)
At least ten days before the examination, notices shall be published in the official
local newspaper and posted at the City Hall and at the Police Department. At
least ten days before the examination, notice of the date, place and hour of initial
examination shall be mailed to all applicants who are eligible for the examination.
Section 5 - Applications
Applications must be filed on forms furnished by the Commissio nCity of Golden
Vallev before the closing date set in the announcement. The Commission may
require the candidate to furnish such additional information as it deems necessary
regarding the applicant's health, character and qualifications. All applications
must be retained until the expiration of the eligible register. Application forms
will meet the requirements of relevant federal and state law(s) or regulation(s).
Section 6 - Rejection of Applications
The eommissio Commission shall have the power to reject any application for
any of the following reasons including but not limited to:
(a) F=' failure to meet the minimum application requirements..-}
(b)asst record of crime or disgfae_conduct. that would be deemed
unbecoming a Dolice officer;
(c) Giving Tivin false information.;
(d) fps former dismissal from public or private service because of
delinquency or
misconduct:: and
(e) r.,,a,.,,,>,,denti., ^"* such other information information which, in the
opinion of the Commission, may tend to reflect discredit to the department.
Section 7 - Examinations
The tests prescribed by the Commission may be written, oral, or in the form of a
demonstration of skill, or any combination of these which, in the judgment of the
Commission, will best serve to determine the relative fitness and ability of
applicants to perform the duties of the positions to which they seek appointment.
Section 8 - Eligible Re ig ster (Amended 08-04-08)
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All candidates who pass the examinations to the satisfaction of the
Commission shall be placed on an eligible register rated according to the total
weighted scores. These scores may be augmented in the following manner:
Veterans shall have added points, if they so elect, in accordance with applicable
Minnesota law. The name of a veteran with such augmented rating shall be
entered ahead of a non -veteran when their ratings are the same. The eligibility of
a candidate for appointment shall continue for a period of two years and shall then
automatically terminate and his/her name shall be stricken from the eligible
register.
Section 9 - Certification
When a vacancy exists, the Commission will certify to the appointing authority
the three names standing highest on either register selected under Section 3. The
Commission will be notified of the candidates and their scores selected from
either register under "Rule of Three" and will receive copies of all police officer
appointment letters.
Section 10 - Probationary Period (Amended 2-3-86)
Both original appointments and promotions shall be followed by a probationary
period of 12 months. h. such probationary period for a newly appointed
officer to begin} after satisfactory completion 'of the basic peace officer training
course. , aftef stating it,.
appointee. All appointments, whether original or promotional, shall automatically
become permanent at the end of the probationary period unless sueha request for
rejection has been received and approved by the Commission. A candidate for
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promotion who is rejected during the probationary period shall return to
his/her former position.
Section 11 -Temporary Assignments
In case of emergency, the Commission may be requested to certify names for
appointment to a temporary position. The Commission shall certify the names of
the three individuals standing highest on the eligible register who are willing to
accept such temporary appointment. If no one on the eligible register is willing to
accept such temporary employment, the Commission may certify the name of any
other qualified person. No temporary appointment shall continue for a period of
longer than thirty days nor shall successive temporary employments be permitted
for the same position.
Section 12 - (Repealed 5-17-77)
Section 13 - Promotions (Amended 2-3-86 and 08-04-08)
Competitive examinations shall be given for all promotions within the
service. Sergeant examinations will be limited to those within the Golden Valley
Police Department meeting the minimum requirements. Lieutenant ""'
CaptainCommander examinations may be open to anyone meeting the minimum
requirements, based upon written recommendation of the Chief and ruling of the
Commission. In addition to these examinations, promotions will be based upon
records of efficiency, character, conduct, and seniority. No prejudice will be held
against an officer not seeking a promotion. It is recognized that an officer might
wish to make his/her career serving as an effective patrol officer or sergeant. This
desire should have no negative impact on the future of the officer.
Section 14 —Investigation Hearing and Discharge
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A. Investigation. Allegations of inefficiency, misconduct or breach of duty will
be investigated by the Chief or other superior officer appointed by the
Commission or may be undertaken by the Commission directly.
B Hearing If charges of inefficiency, breach of duty or misconduct are filed
with the Commission by the Chief or other appointing authority_, the Commission
will try the case after no less than 10 days' written notice to the accused. The
notice will set forth the charges filed The trial on the charges will be open to the
public and each Commissioner will have the dowers set forth in Minnesota Statute
419.11. Investigative procedures and rights of employees shall be consistent
with the labor agreement and state and federal law. Findings, determinations and
orders of the Commission for suspension, reduction or removal will be in writing
and will be filed within three days after the completion of the hearing. Any
-
person suspended reduced or removed by the Commission after investigation may
appeal in accordance with state law. Any findings, determinations, and orders of
the Commission will be certified to the Chief or other superior officer and shall
forthwith be enforced by such officer.
B. Discharge. No employee., after satisfactory completion of the probationary
period, shall be removed or discharged except for cause set t A*" in the Manual of
give upon written charges and then only after (i) an investigation conducted by
the Commission Chief, or other superior officer appointed by the Commission,
(ii) after an opportunity to be heard in his/-heF o `' fi ~sem=sre the
G„<„missien (a) n finar deeision b<>defense of such charges, and (iiil a trial in
front of the Commission, unless waived.
Section 15 - Lay -Off (Amended 08-04-08)
Whenever it becomes necessary, for lack of funds or any other causes, to
reduce the force, the Chief shall notify the Commission in writing, at least two
weeks in advance, giving the number of positions to be vacated and reasons
therefore. The Commission shall. ftimish, in writing, the names of the Pefson
o per -sons to be laid off and the E)r-derof l.,<, <X Temporary and probationary
appointees shall be laid off first, in the order named. Permanent employees shall
be laid off on the basis of the sef-vice fecefds w-hieh may be weighed
fieienEy, ehafaotefl, eondr4etl,-arc seniority} as the Commission sees fit. defined
in the labor agreement.
Section 16 - Suspensions (Amended 08-24-79, 02-03-86 and 08-04-08)
For disciplinary purposes, or pending investigation ofd actions or conduct
which may result in a cause for discharge or reduction, in accordance with t -he -
Man al o r,,,,duet•"' city and department policies and the labor agreement,
the Chief or the Commission shall have the powef to suspend, with or-
or-
' ; , Captains,, and Sefg-eantshave the power
to suspend, with or without pay, any employee ' t'' 'efive eoffHnand
for a period of not exeeeding five wofking -ays, The Chief shall. be notified of
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more than sixty working days, If the Chief has
issued the suspension, as soon after the suspension as possible, the Chief shall
notify the Commission in writing, setting forth the reasons for the suspension.
Section 17 Reduction (Amended 8-24-79 and 08-04-08)
Reductions in rank for
employees covered by Civil Service shall be made only upon the recommendation
of the Chief, approve who shall notify the Commission as soon as feasible.
Section 18 - Leaves of Absence (Amended 5-17-77 and 2-3-86)
Leaves of absence will be governed by the City of Golden Valley °efsonnel
a e�Policv Manual and applicable labor eentraet-sagreements.
Section 19 - Resignation (Amended 5-17-77)
Resignation will be governed by the City of Golden Valley Personnel
p es�Policv Manual.
Section 20 - Reinstatement (Amended 5-17-77)
Any employee who has been laid off in accordance with these rules (refer to
Section 15) shall be eligible for reinstatement to positions of the same class and
grade as the position from which lay-off commences. Persons whose names
appear on the reinstatement register shall be reinstated in the reverse order of lay-
off. When vacancies occur, appointment shall be made from the reinstatement
register before certification from any other register, and in accordance with the
labor agreement.
Section 21 (Repealed 5-17-77)
Section 22 (Repealed 5-17-77)
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Section 23 (Repealed 2-3-86)
Section 24 (Repealed 2-3-86)
Section 25 (Repealed 2-3-86)
Section 26 (Repealed 5-17-77)
Section 27 - Equal Employment Opportunity/Affirmative Action (Amended 2-
3-8)3-861 The Commission will abide with Local, State or Federal laws,
regulations, and plansrules concerning Equal Opportunity and/or Affirmative
Action.
Section 28 Posting of Rules. The
Commission shall keep these rules posted in a cons isp cuous place at the Police
Department.
shall be appfoved and dated by the Commission,
Section 29 Classification The Chief will deliver a new, updated classification list
of all offices and employments in the police department, and as practicable the
applicable grade and standards for fitness and efficiency for each office and
employment after any change to such classification for acceptance by the
Commission The Commission shall review and approve or otherwise instruct the_
Chief to modify the classification list in accordance with and subject to applicable
laws and contracts before acceatin�e classification list.
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