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2018 Proposed Rules & RegsCivil 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