Loading...
Agenda- 180205 Golden Valley Police CIVIL SERVICE COMMISSION 7800 Golden Valley Road Golden Valley, MN 55427 Annual Meeting Monday—February 5, 2018 9:30 AM Public Safety Building—Conference Room AGENDA I. Call to Order IL Attendance/Roll Call IIL Agenda Review IV. Approval of Minutes—November 2, 2017 Meeting V. Old Business A. Rules & Regulations Discussion B. Membership Term Expirations/Officer Elections Discussion VI. New Business A. Chie�s Report B. Staffing Projections for 2018 C. Election of Police CSC Officers VIL Adjourn ' . POLICE CIVIL SERVICE COMMISSION �� ,��: �,. _�� 7700 Golden Valley Road—Golden Valley,MN 55427 ' � �� v MEETING Thursday, November 2, 2017 —8:30 AM Public Safety Building Conference Room MINUTE S Call to Order Attendance/Roll Call The meeting was called to order by Chair Wold at 8:37 AM. Present at the r��ting were Commissioners Gloria Kumagai, Ralph Schulz and Andrew Wold; Police Chief Jason Sturgis, Hui�'ian�.�sources Director Kirsten Santelices and Administrative Assistant Amanda Johnson. Additions to the A e� nda Chair Wold requested to add a rules and regulations discussionmeeting and commission�r�embership term dates to the agenda under Other Business. Approval of Minutes of February 6, 2017 — �, ; < <, :� Commissioner Kumagai moved to approve the minutes from the Febri��ry 6, 2017 meeting as presented; seconded by Commissioner Schulz. The meeti��;a�lnutes were approve��y consensus. � �, �,;,. A�proval to Initiate a Police Officer Hirin�Proce�s :T� �_. �., Chief Sturgis advised four candidates were hired frorn the current����,�c�f�ight. Three candidates passed the field training program and one candi�late resigned. Cl�ief�turgis adv`ised one of the remaining candidates on the eligibility register accepte� a pc��itic�n with another department and the other will not be offered a position due to some concerns discovered in the b�ckground investigation. Chief Sturgis stated there are no viable candidates on the eligi.bility register ancl.,�iE requested apprq�al to initiate a new hiring process. Commissioner Schulz moved to ti�e�ri�the curr�ri�p�lice officer eligibility register exhausted; seconded by Commissioner I�.uma�a�. The motTe�aa:�vas approvec�by'consensus. Commissioner Kumagai mo�e'to approve�1�e initiation of a police officer hiring process; seconded by Commissioner Schulz. The initiation of a pt�lice officer hiring process was approved by consensus. Commissioner Kumagai inquired��out the demographic information of police officer candidates and HR Director Santelices�.�vised candid��es are able to provide demographic information as part of the application process, but it is volttntary. Commissioner Kumagai advised she would like to see the demographic information that is collected as part af t�e ne�t police officer hiring process. Commissioner Schulz sta�e�l the city should be interested in the best-qualified candidates regardless of the demographic information. Chair Wold advised the best candidates are listed on the eligibility register, but women and persons of color should be ranked at the top of the register if the scores are equal. Chair Wold inquired whether the city has a job fair. HR Director Santelices advised the city does not host a job fair currently, but it is something she would like to be able to host in the future. Police Civil Service Commission Meeting Minutes � November 2, 2017—Page 2 ��1��� ��,lle Y Other Business Chair Wold advised he has looked over the city ordinance section pertaining to the Civil Service Commission, the state statute concerning Civil Service Commissions, and the rules and regulations of the commission. Chair Wold stated the city ordinance language in section 2.55 subd. 3 states "The commission shall continue to have authority to administer...," and he believes that language makes the authority discretionary. Chair Wold advised he would like to have a meeting in December where Council Member Clausen can be present and changes to the city code language can be discussed. Chair Wold advised the state statute gives the Civil Service Commission absal�te control and supervision over the employment, promotion, discharge and suspension of all officers and emplo�ees of the police department. Chair Wold stated the commission has had little to do with the areas spe�led out'i� statute and he feels the rules and regulations do not align with the current practice of police department hiring. Ch�,u Wold proposed the rules and regulations should also be reviewed at the December m�efi��gy, C'bmmission��%��hulz recommended the city's attorney attend the meeting as well to help determin�whether changes are plausible or advisable. Commissioner Kumagai inquired whether the city has an affirmative actiQn policy. HR DirecYar�antelices advised the city does not have a policy, but does follow the rules as an equat opportunity emplo�er. Chair Wold stated Minnesota state statute mandates the member in the 1�st year of his/her terrY shall serve as president of the commission. Currently the member in the last year of��.�erm is Commissioner Schulz. Amanda Johnson advised officer elections take place at the annual meeting'�February and at that time Chair Wold was in the last year of his term. Commissioner mein�rships are reneweci in May each year and at that time Commissioner Schulz would have entered the`I�st year o�his texm. Chai�'Wold requested membership terms be discussed at the December meeting. ��=�� E;. Closin� Comments There were no closing comments. Adj ournment Commissic��er Kumagai�pv�d to adjaurn�the meeting; seconded by Commissioner Schulz. The meeting was adj ourne�,at 9:13 AM. , �. Respectfull��t���nitted, ���F��:;, Ralph Schulz, Secretary ' ,F ,;: 1 MINNESOTA STATUTES 2017 419.02 CHAPTER 419 POLICE CIVIL SERVICE COMMISSIONS 419.01 ESTABLISHMENT. 419.10 NOTICE OF EXAMINATIONS;CREATION OF 419.02 MEMBERSHIP;JOINT POLICE AND FIRE ELIGIBLE REGISTER;REMOVAL AND ADDITIONS. COMMISSION. 41911 CHARGES FILED WITH SECRETARY OF 419.03 MEETING. COMMISSION. 419.04 COMMISSIONERS TO SERVE WITHOUT PAY. 419.12 SUSPENSION AND REMOVAL;REINSTATEMENT. 419.05 DUTIES OF COMMISSION. 419.13 CERTAIN ACTS A MISDEMEANOR. 419.06 RULES FOR POLICE DEPARTMENT. 419.14 COMMISSION VESTED WITH CERTAIN POWERS. 419.07 OFFICERS DISCHARGED ONLY AFTER HEARING. 419.15 OFFICERS TO COME LJNDER COMMISSION. 419.075 MERIT SYSTEM MiJNICIPALITIES,DISCHARGE 419.16 ABOLITION OF COMMISSION. OF PEACE OFFICERS. 419.17 ABOLITION SUBMITTED TO VOTERS. 419.08 RULES AND STANDARDS. 419.18 APPLICATION. 419.09 EXAMINATIONS. 419.181 LIMITATION UPON CONTEST OF CERTIFICATION. 419.01 E5TABLISHMENT. There may be created in every city, except a city of the first class, a police civil service commission with powers and duties as provided in sections 419.01 to 419.18. Any such city which may wish to avail itself of the provisions thereof shall do so by an ordinance expressly accepting the provisions thereof. The ordinance shall be adopted in the same manner as other nonemergency ordinances,but at least 30 days shall elapse between its introduction and final passage by the governing body. Sections 419.01 to 419.18 do not apply to any city until the adoption of such ordinance. History: (1933-48) 1929 c 299 s 1; 1933 c 197 s 1; 1935 c 34 s 1; 1959 c 694 s 1; 1973 c 123 art S s 7 419.02 MEMBERSHIP;JOINT POLICE AND FIRE COMMISSION. Subdivision 1. Number, qualifications, limits.This commission shall consist of three members who are citizens of the state and residents of such city,and shall be appointed by the council of the city,and when first created one commissioner shall be appointed for the term of one year, who shall be president of the commission,one for the term of two years,and one for the term of three years,and all commissioners shall hold their office until their successors are appointed and qualified. No commissioner shall, at the time of appointment or while serving,hold any elected office under the ciry,the United States,the state of Minnesota, or any public corporation or political division thereof,or employment under the city,or employment under a police department of any city, other than as a member of a civil service commission for firefighters or other municipal personnel. Each commissioner,before entering upon duties, shall subscribe and file with the city clerk an oath for the faithfixl discharge of the duties. There shall be appointed each year thereafter by the city council one member of the commission whose term of off'ice shall be for three years, and each member of the commission shall be president of the commission during the last year of the member's term. Subd. 2.Transition to joint commission.In any city establishing or having a firefighters'civil service commission, the city council may, in the ordinance establishing the police or firefighters' civil service commission or in a later ordinance adopted in the same manner,provide that a single commission shall serve as both police and firefighters'civil service commissions.The joint commission shall consist of three members appointed in the same manner,far the same terms,and with the same qualifications as a police civil service commission under sections 419.01 to 419.18.When existing police and firefighters'civil service commissions Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.02 MINNESOTA STATUTES 2017 2 are combined, all the members of the two commissions shall become the members of the combined commission and shall continue to serve as members of the new commission for the remainder of the terms for which they were originally appointed. No successor shall be appointed for the members whose terms are the first,third,and fifth of the six to end,but at the end of every other term,one member shall be appointed for a three-year term,thus reducing the commission membership to five by the end of the first year,four by the end of the second year,and three by the end of the third year. History: (1933-49) 1929 c 299 s 2; 1959 c 694 s 2; 1973 c 123 art S s 7; 1977 c 429 s 63; 1978 c 585 s 1; 1986 c 444 419.03 MEETING. The commission shall first meet immediately after its appointment and thereafter on the first Monday in February each year at which meetings it shall select from its members a secretary who shall serve until a successor is elected.The commission shall from time to time fix the times of its meetings,and adopt,amend, and alter rules for its procedure. History: (1933-SO) 1929 c 299 s 3; 1986 c 444 419.04 COMMISSIONERS TO SERVE WITHOUT PAY. Each commissioner shall serve without pay but the council may allow the secretary such compensation, not exceeding$100 per year,as it shall deem commensurate with the additional service rendered.The council shall pay from the municipal treasury all expenses incurred by the commission in connection with the performance of its duties and fumish it with all supplies, stationery, and equipment it may require,but all bills and accounts shall be audited and approved by the president and secretary of the commission before being paid by the council. History: (1933-SI) 1929 c 299 s 4; 1986 c 444 419.05 DUTIES OF COMMISSION. The commission shall have absolute control and supervision over the employment,promotion,discharge, and suspension of all officers and employees of the police department of such city and these powers shall extend to and include all members of the police department. The commission may not,however,prescribe any residency requirements for the positions under its control,unless approved by the city council. The commission shall,immediately after its appointment and organization,grade and classify all of the employees of the police department of the city and a service register shall be prepared for the purpose, in which shall be entered,in their classes,the names,ages,compensation,period ofpast employment and such other facts and data with reference to each employee as the commission may deem useful. The commission shall keep a second register to be known as the application register in which shall be entered the names and addresses, in the order of the date of application, of all applicants for examination and the offices or employments they seek.All applications shall be upon forms prescribed by the commission and contain such data and information as the commission deems necessary and useful. History: (1933-52) 1929 c 299 s S; 1973 c 123 art S s 7; 1978 c 585 s 2 419.06 RULES FOR POLICE DEPARTMENT. The commission shall adopt rules to promote efficiency in the police deparhnent service and to carry out the purposes of this chapter. The rules must provide among other things for: Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2017 419.06 (1)the classification of all offices and employments in the police department; (2)public competitive examinations 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 examination and without reference to the time of examination,which must be included in an 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 applications for employment; (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 employment may continue more than 30 days nor may successive temporary employments be permitted for the same position;provided,that unti160 days after cessation of hostilities in a war as declared by proper federal authority, whenever there are no names upon the eligible register, temporary appointment may be made for employment to continue until the position is filled by a candidate from the eligible register under the provisions of the rules,provided that persons on the eligible list at the time of induction into the armed forces of the United States must retain their position on the eligible register; (9)promotion based on competitive examination and upon records of efficiency,character,conduct and seniority; (10)suspension with or without pay for not longer than 60 days and for leave of absence,with or without pay; and (11)other rules not inconsistent with the provisions of this chapter as may,from time to time,be found necessary to secure the purposes of this chapter. When a disparity exists between the make-up of the police department and its approved aff'irmative action goals,the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination, in order of their standing in the examination.These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments. Copyright�J 2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.06 MINNESOTA STATUTES 2017 4 Copies of such rules must be kept posted in a conspicuous place at each police station house and no rules of general application with reference to employment,promotion,discharge,or suspension are effective until posted. History: (1933-53) 1929 c 299 s 6; 1943 c 441 s 1; 1959 c 694 s 3; 1973 c 123 art S s 7; 1991 c 140 s 1; 1993c35s1 419.07 OFFICERS DISCHARGED ONLY AFTER HEARING. No officer or employee other than a peace officer, after six months' continuous employment, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of the charges as in this chapter hereinafter provided. No newly appointed peace officer after satisfactory completion of the basic peace officers training course pursuant to sections 626.843 to 626.852 and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of the charges as in this chapter hereinafter provided. Such charges shall be investigated by or before such civil service commission. The finding and decision of such commission shall be forthwith certified to the chief or other appointed or superior officer, and will be forthwith enforced by such officer.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.The commission,in any city of the second class situate in two or more counties,may,by resolution adopted by unanimous vote,incorporate in the civil service rules a rule fixing the term of the office of chief of the department at six years from the date of appointment and thereafter the office of chief shall be open to competitive examination for all members of the department qualified to take such examinations. In the event of a new appointment being made to the office of chief as a result of competitive examination, the retiring chief shall be assigned a grade and class in the department as may be determined by the commission. Provided that the limitation of the term of chief as herein provided far shall not affect any person permanently holding the office of chief at the time of the passage of Laws 1947, Chapter 522;provided further that the provisions of this section shall not apply to persons referred to in Minnesota Statutes 1969,Section 299D.03. History: (1933-54) 1929 c 299 s 7; 1947 c 522 s 1; 1971 c 839 s 1; 1980 c 509 s 159; 1986 c 444 419.075 MERIT SYSTEM MUNICIPALITIES,DISCHARGE OF PEACE OFFICERS. Subdivision 1. Application.This section applies to any city,county,town or other political subdivision which has adopted a formal merit system under any provision of law or home rule charter. Subd. 2. Officers discharged after hearing.No newly appointed peace officer, after satisfactory completion of the basic peace officer training course pursuant to sections 626.843 to 626.852 and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges after opportunity to be heard in defense of the charges. History: 1971 c 839 s 2; 1973 c 123 art S s 7; 1980 c 509 s 160; 1986 c 444 419.08 RULES AND STANDARDS. The commission shall 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 shall prescribe standards of fitness and efficiency for each office,position,and employment and for each grade, and adapt its examination thereto. History: (1933-SS) 1929 c 299 s 8; 1973 c 123 art S s 7 Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 MINNESOTA STATUTES 2017 419.11 419.09 EXAMINATIONS. All examinations shall be impartial,fair,and practical and designed only to test the relative qualifications and fitness of applicants to discharge the duties of the particular employxnent which they seek to fill. No question in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety,and integrity,and all applicants for position requiring special experience,skill,or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the chief of the police department and of every employee to act as an examiner or assistant examiner,at the request of the commission,without special compensation therefor. The members of the commission collectively or individually may act as examiners or assistant examiners. History: (1933-56) 1929 c 299 s 9 419.10 NOTICE OF EXAMINATIONS;CREATION OF ELIGIBLE REGISTER;REMOVAL AND ADDITIONS. Subdivision L Notice of examinations.(a)Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 419.06,and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance. (b)The notice may provide that other examinations may be administered from time to time during the life of the eligible register,without an additional publication or ten-day notice,to applicants meeting threshold requirements. Subd. 2. Creation of eligible register.The names of those found eligible upon examination,after giving credit for character and previous successful experience, shall be entered with their address and percentages on the eligible register. Subd. 3.Removal of names.No name shall remain upon the eligible register more than two years without a new application,and,if the rules of the commission so require,a new examination.When a vacancy has been filled or new appointment made,the names selected shall be stricken from the eligible register and transferred to the service register. Subd. 4.Addition of names.If the notice under subdivision 1, paragraph (b), is given at the time of initial examination,additional examinations may be administered to applicants meeting threshold requirements without an additional publication or ten-day notice. Applicants passing a later examination shall be added to the eligible register in the order of their standing relative to the remaining applicants on the register. History: (1933-57) 1929 c 299 s 10; 2001 c 87 s 1 419.11 CHARGES FILED WITH SECRETARY OF COMMISSION. Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by the appointing authority,and thereupon the commission shall try the charges after no less than ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation.The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county in which such city is located. The commission may make complaint to the district court of disobedience of its subpoenas or orders under this section,and the court shall prescribe notice to the person accused and require the accused person to obey the commission's Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.11 MINNESOTA STATUTES 2017 6 subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court.Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court,except that any officer, agent, ar employee of the city who receives compensation for services, shall not be entitled to fees or mileage. History: (1933-58) 1929 c 299 s 11; 1959 c 694 s 4; 1973 c 123 art S s 7; 1986 c 444 419.12 SUSPENSION AND REMOVAL; REINSTATEMENT. An employee who,after investigation and trial by civil service commission,is found guilty of inefficiency, breach of duty,or misconduct,may be removed,reduced, or suspended. The employee's name also may be stricken from the service register. If the board determines that the charges are not sustained,the accused,if suspended pending investigation,shall be immediately reinstated and shall be paid all back pay due for the period of suspension. Findings,determinations,and orders of the commission for suspension,reduction,or removal,shall be in writing and shall be filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced, or removed by the commission after investigation may appeal in accordance with chapter 14. The question to be determined by the court shall be: "Upon the evidence,was the order of the commission reasonable?" History: (1933-59) 1929 c 299 s 12; 1973 c 123 art S s 7; 1983 c 247 s 152; 1986 c 444 419.13 CERTAIN ACTS A MISDEMEANOR. An applicant for examination, appointment or promotion in the police department service of the city who shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money, service or other thing to any person,for or on account of or in connection with the applicant's examination, appointment or proposed appointment or promotion shall be guilty of a misdemeanor and shall also be subject to suspension or removal. Any officer or employee of the police department, when operating under civil service in accordance with the provisions of this chapter,who shall in any manner directly or indirectly solicit,receive,or pay,or be in any manner concerned in soliciting,receiving,or paying,any assessment,subscription or contribution for any party or political purpose, shall be guilty of a misdemeanor and shall be subject to suspension or removal. Any person who shall solicit or receive directly or indirectly,or be in any manner concerned in soliciting or receiving any assessment, contribution, or payment for any political purpose whatever from any officer or employee in a police department operated under civil service as in this chapter provided for, shall be guilty of a misdemeanor. History: (1933-60, 1933-61, 1933-62) 1929 c 299 s 13-IS; 1973 c 123 art S s 7; 1986 c 444 419.14 COMMISSION VESTED WITH CERTAIN POWERS. When any city has a civil service commission the council may provide that this commission be vested with the powers and duties of the police civil service commission as set forth herein. History: (1933-63) 1929 c 299 s 16; 1973 c 123 art S s 7 Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. . . 7 MINNESOTA STATUTES 2017 419.25 419.15 OFFICERS TO COME UNDER COMMISSION. Any police officer regularly employed at the time of the creation of the civil service commission shall automatically come under the jurisdiction of the civil service commission. History: (1933-63a) 1929 c 299; 1933 c 197 s 1 419.16 ABOLITION OF COMMISSION. A police civil service commission created under this chapter may be abolished as follows: (1)by the voters in accordance with section 419.17; or(2)by a unanimous vote of the city council. Abolition by the voters shall be initiated by a petition signed by at least 25 percent of the number of legal voters voting at the last general municipal election filed with the governing body of the city requesting that the following question be submitted to the voters: "Shall the police civil service commission be abolished?" History: (1933-63b) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art S s 7; 1999 c 165 s 1 419.17 ABOLITION SUBMITTED TO VOTERS. When a petition is filed under section 419.16,the governing body of the city shall cause the question to be submitted to the voters at the first following general municipal election.The commission is abolished if two-thirds of the votes cast in the election are in favor of the abolishment, and the status of the police department and all of its employees shall thereafter be the same as if the commission had not been created. History: (1933-63c) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7; 1999 c 165 s 2 419.18 APPLICATION. The provisions of sections 419.01 to 419.18 with reference to the abolition of civil service commission shall not apply and shall have no force or effect in any city in this state where a commission has already been created. History: (1933-63d) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art S s 7 419.181 LIMITATION UPON CONTEST OF CERTIFICATION. Notwithstanding any law to the contrary,no person shall contest the certification of any person to fill any vacancy by a police civil service commission in a city,except a city of the first class,later than six years after the date of certification. History: 1959 c 290 s 1; 1973 c 123 art S s 7 419.19 [Repealed, 1965 c 79 s 2] 419.20 [Repealed, 1965 c 79 s 2] 419.21 [Repealed, 1965 c 79 s 2] 419.22 [Repealed, 1965 c 79 s 2] 419.23 [Repealed, 1965 c 79 s 2] 419.24 [Repealed, 1965 c 79 s 2] 419.25 [Repealed, 1965 c 79 s 2] Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. ' . 419.26 MINNESOTA STATUTES 2017 8 419.26 [Repealed, 1965 c 79 s 2] 419.27 [Repealed, 1965 c 79 s 2] 419.28 [Repealed, 1965 c 79 s 2] 419.29 [Repealed, 1965 c 79 s 2] 419.30 [Repealed, 1965 c 79 s 2] 419.31 [Repealed, 1965 c 79 s 2] 419.32 [Repealed, 1965 c 79 s 2] 419.33 [Repealed, 1965 c 79 s 2] 419.34 [Repealed, 1965 c 79 s 2] Copyright�2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. � 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. 1 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 City of Golden Valley. 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. (� To meet any other requirements prescribed by Minnesota law or regulation. (g) To be certified by the Commission for appointment in accardance 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 2 � 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 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, and 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) 3 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 - A�plications Applications must be filed on forms furnished by the City of Golden Valley 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 commission shall have the power to reject any application for any of the following reasons, including but not limited to: (a) Failure to meet the minimum application requirements. (b) Past record of crime or conduct unbecoming a police officer. (c) Giving false information. (d) Former dismissal from public or private service because of delinquency or misconduct. (e) Independently obtained information which, in the opinion of the Commission, may tend to reflect discredit to the department. (� Or any other reason that would indicate applicant is unsuitable. 4 � 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 - Eli ib� le Re ig ster(Amended 08-04-08) 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 - Probationarv Period (Amended 2-3-86) Both original appointments and promotions shall be followed by a probationary period of 12 months. Such probationary period for a newly appointed officer to 5 begin after satisfactory completion of the basic peace officer training course. All appointments, whether original or promotional, shall automatically become permanent at the end of the probationary period unless such request for rejection has been received and approved by the Commission. A candidate for promotion who is rejected during the probationary period shall return to his/her former position. Section 11 -Temporar�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, 08-04-08 and OS-14-13) 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. Commander and Lieutenant 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 6 . � 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 - Dischar�e No employee after satisfactory completion of the probationary period, shall be discharged except for cause set forth in: 1) City Policy, 2) Department Manual or 3) Labor Contract, and only after an investigation by the Police Chief. Investigative procedures and rights of employees shall be consistent with the labor contract. The Police Chief shall notify the commission of a termination as soon as feasible.: Section 15 - Lav-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. Temporary and probationary appointees shall be laid off first, in the order named. Permanent employees shall be laid off on the basis of seniority, as defined in the labor contract. Section 16 - Suspensions (Amended 08-24-79, 02-03-86 and 08-04-08) For disciplinary purposes, or pending investigation of the actions or conduct which may result in a cause for discharge or reduction, in accordance with the city and department policies and the labor contract: (1) The Chief or the Commission shall have the power to suspend, with or without pay, any employee for a period of sixty working days. 7 . 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, 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 Policy Manual and applicable labor contracts. Section 19 - Resi n�ation(Amended 5-17-77) Resignation will be governed by the City of Golden Valley Policy 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- of£ When vacancies occur, appointment shall be made from the reinstatement register before certification from any other register, and in accordance with the labor contract. Section 21 (Repealed 5-17-77) Section 22 (Repealed 5-17-77) Section 23 (Repealed 2-3-86) Section 24 (Repealed 2-3-86) Section 25 (Repealed 2-3-86) ��. 8 Section 26 (Repealed 5-17-77) Section 27 - Equal Employment Opportunity/Affirmative Action(Amended 2-3- 86) The Commission will abide with Local, State or Federal laws, regulations, and plans concerning Equal Opportunity and/or Affirmative Action. 9 Civil Service Commission ������ � � �' ������` �� . �.� �-����� ..���� Rules and Regulations � � ��{'� �- Article I: Purpose,Scope,and Definitions ' A. Purpose The purpose of these Rules and Regulations of the Civil Service Commission ("Rules and Regulations") is to describe the membership, responsibilities, and authority of the Civil Service Commission (the "Commission"), pursuant to Minnesota State Statute 419.01—.18, and to ensure a fair and equitable system of human resources management for the City of Golden Valley Police Department (the "Department"),which includes: • providing fair treatment of all applicants and employees without regard to age, ancestory, color, creed, disability,familial status,gender, pregnancy,genetic information,sex, marital status, national origin, race, religion, sexual orientation (including sexual identity), status with regard to public assistance, and veteran's status, or other protected class or any non- merit factor; • providing objective, non-biased evaluation and classification of jobs; and • retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected. B. Scope These Rules and Regulations shall apply to all employees and officers of the Department.Where overlap or conflict exists between these Rules and Regulations and any labor agreement between the City of Golden Valley(the "City") and an exclusive representative within the meaning of Minn. Stat. § 179.71, subd. 3,the terms of the applicable labor agreement shall supersede these Rules and Regulations. Except as otherwise provided herein or required by law,the Commission delegates to the City Manager control and supervision over the employment, promotion,discharge, and suspension of all employees other than sworn Police Officers. Article II: Membership,Appointments,Terms,Officers, Meetings and Attendance A. Membership The Commission shall consist of three members(the "Commissioners")who are citizens of the state of Minnesota and residents of the City of Golden Valley, and who shall be appointed by the Golden Valley City Council (the "Council"). No Commissioner shall, at the time of appointment or while serving, hold any elected office under the City,the United States,the state of Minnesota,or any public corporation or political division thereof, or employment under the City,or employment under a police department of any city, other than as a member of a civil service commission for firefighters or other municipal personnel. B. Appointments The Council shall appoint members to the Commission effective May 15Yof each year. Each Commissioner, before entering duties, shall subscribe and file with the City Clerk an oath for the faithful discharge of duties. C. Terms Members will serve three-year staggered terms. If a vacancy occurs before the end of the term, interim appointments may be made by the Council. D. Officers The Commission shall elect officers at its first meeting in February each year. Each Commissioner shall serve as president of the Commission during the last year of the Commissioner's term. Officer positions shall be held for a maximum of one year and shall rotate. If a Commisioner wishes to vacate her or his position, she or he shall serve in the elected position until a successor is appointed. E. Meetings&Attendance The Commission shall meet the first Monday in February each year.The Commission may also hold additional meetings throughout the year.A quorum consisting of a simple majority of the Commissioners is necessary to transact the business of the Commission. Commissioners are expected to attend all meetings. Members are responsible for notifying the staff liaison if they cannot attend a meeting. If a quorum cannot be attained,the meeting shall be cancelled. Article III: Rules The Commission authorizes the City Manager to administer the policies and procedures necessary to carry out the intent of these Rules and Regulations. A. Classification ofJobs The Commission delegates to the City Manager the responsiblitiy of administering a fair and objective job classification and record-keeping process, including the responsibility to grade and classify all employees and officers of the Department. Job classes shall group positions that have identifical or similar primary duties,and jobs shall be classified based on job-related contributions and value to the City's function. Records of classification studies,actions, and job descriptions (describing typical duties, responsibilities, and minimum qualifications)will be separately maintained by the Human Resources department. B. Creation of Registers The Commission delegates to the City Manager the responsibility of preparing and maintaining: i. A service register("Service Register")containing the classes, names, ages, compensation, period of past employement and such other facts and data with reference to each employee as the commission may deem useful. ii. An application register("Application Register")containing the names and addresses, in the order of the date of application,of all applicants for examination and the offices or employments they seek. The Commission shall authorize the creation of an Application Register upon request of the City Manager or her or his designee. No name shall remain on the Application Register for more than 2 years. When an applicant is found eligible for service, her or his name shall be removed from the Application Register and transferred to the Eligible Register. 2 iii. An eligible register("Eligible Register"j containing the names,addresses and test scores (expressed as a percentage) of all applicants found eligible for new appointment pending successful completion of background and psychological examinations. An Eligible Register will be maintained from the date approved by the Commission until a recommendation from staff to de-certify the register is approved by the Commission. After the initial creation of an Eligible Register, no names may be added to the register,except that internal Community Service Officers who meet the minimum requirements may be added to an existing Eligible Register at any time. C. Applications Applications must be filed in a format proscribed by the City Manager and approved by the Commission 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. Application forms will meet the requirements of relevant federal and state law(s) or regulation(s).Applications will be retained by the Human Resources department.All applications must be retained until the applicant's name no longer appears on the Application Register or the Eligible Register and in compliance with the State of Minnesota Records Retention Schedule for Minnesota governmental entities. D. Rejection of Applications The Commission delegates to the City Manager the authority to reject any application for any reason, including but not limited to: • Failure to meet minimum application requirements; • Past record of crime, or conduct unbecoming of a police officer; • Giving false information; or • Former dismissal from public or private service because of delingquency or misconduct. Upon rejection of any application,the applicant's name shall be removed from the Application Register. E. Examinations The Commission delegates to the City Manager the authority to prescribe and administer tests to determine the relative fitness and ability of applicants for new appointment and for promotion within the Department to perform the duties of the positions to which they seek appointment. Examinations may be administered orally, in writing, or in any other form that allows applicants to demonstrate the relevant skills. With respect to applications for new appointment,the Commission delegates to the City Manager the responsibility of providing notice of the date, hour, place and scope of each examination. At a minimum, such notice shall be published in a newspaper of general circulation in the City and posted for 10 days in the City hall and at each station house. The notice shall provide that other examinations may be administered from time to time throughout the life of the Eligible Register to applicants meeting the minimum requirements. F. Eligible Register 3 i. Placement of New Candidates on the Eligible Register All candidates who pass the examinations to the satisfaction of the City Manager, or her or his designee, shall be placed on the Eligible Register and ranked according to the total weighted scores,the candidate with the highest qualifying score being first and the candidate with the lowest qualifying score being last.Veterans shall have added points during the examination process, if they so elect, in accordance with applicable Minnesota law. Placement on the Eligible Register is not a guarantee of being hired as a Golden Valley Police Officer. ii. Expiration or Termination of Eligibility The eligibility of a candidate for appointment shall continue for a period of no more than two years. An applicant may be removed from the Eligible Register before the expiration of two years for any of the following reasons: • The candidate submits a written request to be removed from the Eligible Register; • The candidate fails to meet or continue to meet any established requirements for the position, including but not limited to failure to meet licensing, registration,or medical qualifications; • The Eligible Register is de-certified; • Any other reason which would disqualify a candidate for appointment to the classification. G. Selection of Candidates for New Appointments When a vacancy exists,the City Manager will request that the Commission establish a list of eligible candidates. If there is an existing Eligible Register from which the City Manager wishes to fill the vacancy,the City Manager will request certification of the appropriate number of candidates from that register. Alternatively,the City Manager may request that the Commission approve de- certification of any existing Eligible Register and create a new Eligible Register. The Commission shall certify to the City Manager the names of the three highest standing applicants on the applicable list. The City Manager has complete discretionary judgment and is the sole authority in selecting one of the candidates certified to fill the opening based upon a comparison of the candidates'job-relevant qualifications,test scores,and other job-relevant information available. Prior to making a selection,the City Manager may obtain any additional job- relevant information deemed necessary to complete the appointment, including recommendations from the Chief of Police.The City Manager may, in her or his sole discretion, reject any or all candidates submitted by the Commission. The Commission will be notified of the candidates selected for appointment and will receive copies of all police officer appointment letters. H. Promotions The Commission delegates to the City Manager the responsibility of administering the promotion process and of promoting existing employees and officers in accordance with Minnesota law. To be eligible for a promotion, a candidate must file a written application,fulfill the minimum job requirements, pass the applicable examinations,and fulfill the minimum experience and education requirements. The Commission delegates to the City Manager the responsibility of reviewing 4 candidate applications as well as each candidates' records of efficiency, character, conduct and seniority to determine if the applicant meets the foregoing requirements and is eligible for promotion. Examinations for promotion to commander shall be open to anyone meeting the minimum requirements, based upon written recommendation of the Chief. No prejudice will be held against an officer not seeking a promotion. I. Probationary Period Both new appointments and promotions shall be followed by a probationary period of 12 months. The probationary period for a newly appointed officer shall begin after satisfactory completion of the basic peace officer training course. An employee or officer may be discharged at any time during the probationary period, with or without cause, by the City Manager. A candidate for promotion who is rejected during the probationary period shall return to his or her former position. J. Temporary Assignments In case of emergency,the Commission may be requested to certify names for appointment to a temporary position. In such cases,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 30 days, nor shall successive temporary employments be permitted for the same position. K. Suspension/Leave of Absence For disciplinary purposes, or pending investigation of actions or conduct which may result in a cause for discharge or reduction, in accordance with the City and department policies and any applicable labor contract,the City Manager shall have the power to suspend or mandate a leave of absence for,with or without pay, any employee or officer for a period of up to 60 days.Any such action shall be subject to all applicable labor contracts. The suspended employee shall have 10 days to appeal the suspension to the Commision. In lieu of an appeal to the Commission,the employee may appeal the suspension by such other process to which she or he is otherwise entitled. L. Discharge No employee or officer, after satisfactory completion of a probationary period, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in their own defense, as provided by Minnesota law. Charges against an officer may be presented only by the City Manager, and shall be filed with the Secretary of the Commission.The Commission shall hear the charges as soon as feasible and the officer shall be afforded 10 days written notice of the hearing. In lieu of a hearing before the Commission,the employee may pursue any other process to which she or he is otherwise entitled. Nothing in this section shall limit the power of any officer to suspend a subordinate for a reasonable period of time not exceeding 60 days for the purpose of discipline, or pending investigation of charges. M. Lay-Off and Reinstatement Whenever it becomes necessary,for lack of funds or any other causes,to reduce the force,the City Manager shall notify the Commission in writing, at least two weeks in advance,giving the number 5 of positions to be vacated and reasons therefore.Temporary and probationary appointees shall be laid off first, in the order named. Permanent employees shall be laid off on the basis of seniority,as defined in the labor contract. Any employee or officer who has been laid off in accordance with these rules shall be eligible for reinstatement to positions of the same class and grade as the position from which lay-off commences. Such persons shall be reinstated in the reverse order of lay-off. When vacancies occur, appointment shall be made from the pool of laid off employees or officers before new applicants are considered,and in accordance with the labor contract. Article IV: Amendments and Revisions The Commission will review these Rules and Regulations annually at a meeting with a majority of the Commissioners present, and Commissioners will present recommendations for changes and amendments. These Rules and Regulations can be altered or amended at any regular Commission meeting, provided that notice of the proposed changes and amendments is mailed to each member at least 10 business days before the meeting. 6