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Agenda- 180523 i Golden Valley Police CIVIL SERVICE COMMISSION 7700 Golden Valley Road Golden Valley, MN 55427 Meeting Wednesday—May 23, 2018 9:00 AM Public Safety Building—Training Room AGENDA I. Call to Order II. Attendance/Roll Call III. Agenda Review IV. Approval of Minutes—Apri19, 2018 Meeting V. New Business A. Meeting Recordings/Retention VI. Old Business A. Rules & Regulations Discussion VII. Adjourn POLICE CIVIL SERVICE COMMISSION ,� 7800 Golden Valley Road—Golden Valley,MN 55427 � , ,� � v MEETING Monday, Apri19, ZO18 —9:00 AM Public Safety Building Conference Room MINUT�S Call to Order Attendance/Roll Call The meeting was called to order by Chair Schulz at 9:03 AM. Present at the m��ting we�e Commissioners Gloria Kumagai, Ralph Schulz and Andrew Wold; Police Chief Jason Stur�is���ty Manager Tim Cruikshank, Human Resources Director Kirsten Santelices, Council Member Joanie �lause��flmmander Steve Johnson, Commander Dave Kuhnly, City Attorney Maria Cisneros, Best & Flanagan Law Cl��`Brian Linnerooth, F�F� Mayor Shep Harris, mentee to Andrew Wold and law student Britta�ty Kennedy, an ��u�inistrative Assistant Amanda Johnson. Agenda Review F ` , �� Approval of Minutes of March 8, 2018 `� �.���,� Commissioner Kumagai requested the minutes be amended to include t��t�fficer candidate demographics from the last hiring process. Commissioner Wold movecl t�approve the meetin�aC�?inutes from March 8, 2018 with that addition; seconded by Commissioner Kumaga�� ��11�a�ch 8, 2018 minute�.with addition were approved by consensus. ' ��' ������ � � .:F f, s ,�-.� ; Rules & Regulations Discussion �� `�`� Attorney Maria Cisneros re�iewed her�n�mo to Manage�Cruikshank dated 04/04/18. There was discussion concerning the imprac�cal��Qf commi`ssioners handling �t�sks outlined in the state statute. Attorney Cisneros advised the commi���€��can d���gate responsibili����to staff, but must provide the framework for staff ,; to work within. Commissioner"��ld�aat���d=���xney C�,�Sneros for the comprehensive memo and research her office conduct�d for the commissic�.n,.i... ``�:� � Chair SG1��1z advised he is c+�nc�rned abaut.liability stemming from the commission handling responsibilities outlined�n the state statute. C�air Schulz r��d�a motion to approve the revised rules and regulations presented , by tlie city. ';Motion was not sec���ed; motit��i�rfailed. �� Commissioner Kurriagai stated sh�xs concerned about the exeessive delegation to city staff and believes the II proposed rules and r��t�lations lack transparency and are one-sided. Commissioner Wold reminded commissioners that tl�e��.,�s an�regulations are established by the commission and not by city staff. � �� � _r, Commissioner Wold recommended each commissioner review the proposed rules and regulations and individually send comments and/or proposed revisions to Attorney Cisneros. Attorney Cisneros advised she would draft a new proposal and another meeting would be scheduled to discuss it. The next meeting will tentatively be scheduled in May ar June. Mayor Harris inquired whether the commission's rules and r�gulations are approved by City Council. Attorney Cisneros stated while most city commission by-laws are approved by council, Civil Service Commission rules and regulations are not. Police Civil Service Commission Meeting Minutes �'."'' - April 9,2018—Page 2 �J�' � �alle .�� y Council Member Clausen asked who faces liability if there are legal challenges to decisions made by the Civil Service Commission. Attorney Cisneros advised while commissioners can be individually named in a lawsuit, the City of Golden Valley indemnifies commissioners and th� City of Golden Valley would incur costs associated with legal proceedings and judgements. ' Commissioner Wold moved to table the rules and regulations discussion and have commissioners send comments to Attorney Cisneros by April 23`d so a new propo�al could be drafted; conded by Commissioner Kumagai. Commissioner Schulz advised he believed the dra�ft proposal present������he city attorney should have been approved and voted against the motion made by Commissioner WQ1d�Motion carried. Mayor Harris thanked commissioners for their service to the commum���%y'" Adj ournment Commissioner Kumagai moved to adjourn the meeting; seco��ed by Commissioner Wold ��e meeting was adjourned at 9:51 AM. � � �`���� : ;. � Respectfully submitted, Gloria Kumagai, Secretary �����,, ����� .�r,,; � " %� `��; `"����`��: ,.; ����.�, �- 'F�� F F�;,+S.�f�,:. �v� ����_��:;.. �.. . II �/../ . Ft�� � �'F F���:. : ' /,.....'. ,. Ctit1� Qr� ���� �'"��� � � � �� o en a e m nt Public Safety Public Safety Depart e Executive Summary For Action Civil Service Commission May 23, 2018 Agenda Item Review of Civil Service Rules Prepared By Jason Sturgis, Chief of Police Summary Commissioners provided input on the proposed Civil Service Commission Rules and Regulations to the City Attorney. The attached annotated version of the Rules summarizes the changes made to the document since the last meeting. The comments in red were provided by the City Attorney. The comments in blue were provided by the Commissioners. Recommended Action Civil Service Commission �'`�' '_ Rules and Regulations �� �� Article I: Purpose and Scope 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 Statutes 419.01—.18,and to ensure a fair and equitable system of human resources management for the City of Golden Valley Police Department(the"DepartmenY'),which includes: • providing fair treatment of all applicants and employees without regard to age,ancestry, 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 ofjobs;and • retaining employees on the basis of the adequacy of their performance,correcting inadequate performance,and separating employees whose inadequate performance cannot be corrected. � �I Commented[AWl]:Overly broad,and because the ' ;Commission doesn't have authority over non-sworn , B. $COp2 ;employees,it doesn't really have the authoriry to delegate I �those powers to the City Manager,does it? The City I These Rules and Regulations shall apply to all employees and officers of the Department.Where �i Ntanager snoutd jusc nave this autt�o�try wi�nout tne overlap or conflict exists between these Rules and Regulations and any labor agreement between `de�egacion. �I - ---- _ ---- --------.. the City of Golden Valley(the"City')and an exclusive representative within the meaning of Minn. Commented[MC2R17:underNtuu,Stac.§at9.os,the Stat.§ll9J1,subd.3,the terms of the applicable labor agreement shall supersede these Rules com�nission°s au�horiry extends to au members of�he police � deparhnent,mcluding non officer deparhnent employees. 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, Commented[WA(3R1�:You're dghc. i re-read the I stamte and agree that the Commission has control and I and suspension of all employees other than sworn Police bfficers4: , sope,,•is;on ofau empioyees,sWom ana ott,e�„��se. i am i fine with this delegation,but would like to see some � Er=Bef+H+Ei@R5� notification of unsworn s[aff employment,promotion, � � � ���� -��---� -, �discharge,and suspension at each meeting of the I Commission following such a�occurrence. � �_ --_-- -- � Commented G4W4]:Add definitions of key terms.The 1 [itle of Article I is"Purpose,Scope,and Definitions"and I , think iPs generally a good practice. See the Maplewood I Rules for a good Gst of what to include. i i Include a Civil Service Commission bmder,which will be where copies oF all Commission approved documents aze �'�. kept for the convenience of the Corrunission. ------- _—------------ —— �Commented[MCSR4]:I dodt typically include a defmitions section in documents of this length.I fmd it to be more efficient to define the terms as they aze used in the text. � That said,I'm not necessarily opposed to including a defmitions sectioo;however,I recommend it be added at the . end of the process[o avoid cross-reference errors as we update the document. __ _ _ ____ --------- --- -- �Commented[WA(6R4] Pm fine with skipping rt,as long i as anything that needs defm�tion is actually defined m the I text. � ... ._.. ..... . ____ : ....._--___. . . � Article IL• Membership,Appointments,Terms,Officers,Meetings and Attendance I Commented[AW7�:This�s probably a good place co ' � � � �� --�-� ��� �� - � � � � ' � �insert a paragraph aclmowledging that the CiTy will A. Membership I indemnify the Commission members in the case of any legal claim against Commissioners personally. I don'[know tha[ The Commission shall consist of three members(the"Commissioners"�Wh0 df2 CIYIZ2115 Of Yh2 St3L2 1 I've seen that as required by law/ordinance,but you said at of Minnesota and residents of the City of Golden Valley,and who shall be appointed by the Golden �ne lasc meetingthat commissioners are indemn�tied by�ne Valley City Council(the"CounciP').No Commissioner shall,at the time of appointment or while �city. That is probably a good reason to seek Council advice on this a8er we get to a final draft,even though we dodt serving,hold any elected office under the City,the United States,the state of Minnesota,or any need Councii approvat co accept or rejecc cne ru�es. i -----._ _______ public corporation or political division thereof,or employment under the City,or employment �a,nmented[MC8R7�:under tvtv,n.stats.§§ab6.oz and under a police department of any city,other than as a member of a civil service commission for a66.o�,che ctri of Gotaen vavey is iiabie for�ne accs ofthe firefighters or other municipal personnel. Commission and is required to indemnify tne commission members for acts performed in the scope of their role as a Conunissioner.It is not the City's practice to contractually B. AppointmenYs,-fiE�lew�5��t� expand its iudemnification obligations.Furthermore,the sc �Commission rules are not an agreement between the City and The Council shall appoint members to the Commission effective May 1 of each year.Each �,e Conunission,nor are tney appro�ed by the ciry Counci� Commissioner,before entering duties,shall subscribe and file with the City Clerk an oath for the So az,y;ndemnification provisions in chese ru�es Would be of f0lthfUl dISChBfg2 Of dUYl25. no effect.Attached is a copy of Chapter 17 of the League of .�, �E ti r �����-�m�••^� Minnesota Cities Handbook,which explains the exten[of the �,�_�.�,�F_��F , ,�-�„ ien absen��sed sadse�,.�-¢* � indemnification to wUich the Commissioners aze e�titled. skaaJl . � --___ -- -._ _--- —---, Commented[WA(9R7]:Agreed,hence the statement that the paragaph would•aclmowledge[hat the City will C. TermS indemnify the Comxnissioners. It could state that it is subject to Minn.Stat.466,does not expand the scope of Members will serve three-year staggered terms.If a vacancy occurs before the end of the term, �;,,de�ifoacton,eco. or�t�ust doesn't need to be included. interim appointments may be made by the CounciL `----- ------ -- - - --—"" -"-- Commented[MC10]:Under Minn.Stat.§419.02,the ' City Council has the sole authority ro appoint members to D. Offlt2 f5 the Commission.The Commission does not have the The Commission shall elect officers at its first meeting in February each year.Officers elected in the au�hoTtry�o creace a ruie�hat l�mics�,e Councirs s�a�utorily established discretion to appoint(or refuse to re-appomt)the . Febru<aiy rneeting shall assume their positlon effective May 1 ot tP�al yea! Each Commis5ioner 5hall � Commissionersofitschoosing. ' serve as president of the Commission during the last year of the Commissioner's term.Officer - -------- - - - --- --- Commented[WA(11R10]:Agreed.Because I havedt positions shall be held for a maximum of one year and shall rotate.If a Commissioner wishes to researched ic,is�,ere c„rrentty a process foTremova�ofa vacate her or his position,she or he shall serve in the elected position until a successor is Commissioner,oT scandards by Wnich a Commissioner appOlnt2d. would not be re-appomted? �---- - ---- -_ __----- ----— 1 COmmented[MC12R10]:The Minnesota Civil Service I � Statutes do not prescribe a process for removal of � Commission members before the expiration of their term. However,there aze several reasons that the Council may remove a Commissiouer before the expiration of their term, for example,misconduct,moving out oF the City or taking a job that is prohibited under§419.02.In addition to the rules regarding Commissioner appointment and terms in§419.02, subd.1,Ciry Code§2.1 l,subd.2 provides ffiat a majoriry of a quorum of the Council is sufficien[to appoint or remove a Commissioner, 2 ____ _ ___ __---- -------- E. M22tir1g5&Att2t1dBrlCe Commented[AW13] Or whatever location they aze stored on in practice. Pd also want to note that meetings The Commission shall meet the first Monday in February each year.The Commission may also hold should be recorded and the recordings should be stored in a additional meetings throughout the year.A quorum consisting of a simple majority of the same/similar location. � ___ ---_-- --_._ , Commissioners is necessary to transact the business of the Commission.Commissioners are Commented[MC14�:There will be�ssues under�ne Data expected to attend all meetings.Members are responsible for notifying the staff liaison if they rracties act and x1Paa.Wrth respect to hoW applicam aata I cannot attend a meeting.If a quorum cannot be attained,the meeting shall be cancelled. Minutes is stored and disc�ssed at Civii ser��ce Commission of all meetings are to be kept and stored in the Civil Service Commission Records. AJI meetings.Tl�e more decailed the records and discussion are, i . ' �----------------------------------- - the more likely the Ciry will face difficult questions �"���������"���'�'�"'��'��•,� „'� � ��'��'�,+�E��`'��FPEa�IR$S�aFP�{@-��ke��Hd3ie�E� �regardingtUeextentofpennissibledisclosure. Forexample, ^�^"'^^:"O•,^ '�'^�1•, �there may be some situations in which it is relevant to consider an applicanYs physical or mental health.This data �is private data under[he Data Practices Act;however,the Act does allow discussion of private data at public meetinga � Minn.Stat.§13.03,subd.11.HIPAA,on the other hand, requires protection of all health information created in the application and examination process.This includes physical ';and mental health diagnoses which may be revealed as part �of the application process. To the extent any of d�is � ioFormation is included in the Civil Service Commission � records or is discussed at Commissio�meetings,the City must implement policies and procedures reasonably designed to ensure that all private health information is protected in � compliance with HIPAA.45 C.F.R.§160.103.In sum�nary, , [he Commission and City staff would likely need to consuk ���. � legal counsel prior to all meetings called to discuss applicant data. - � ���With respect to recordings,under the Ciry's record retentiop �, policy,audio recordings of non-closed meetings aze retained '� � for 3 months.Additionally,because of the private nature of the data that could be discussed,staff recommends not ._�l� _ __ --___—_ _---- --- -- -- �Commented[WA(15R14]:With respect to your first 1 'paragaph,[he Data PracUce Act would require that not i f public data be redacted in the case of any data request,and j �the obGgations under the data practices act and HIPAA ���woald exis[regardless. I don't see how anything in this mles �change has an effect on that. If health data were to be idiscussed,then the meeting would have to be closed under � Minn.S[at.13D.05 subd2(a)(3),and recorded(which would � �need to be retained for three years). II With respect to your second paragraph,Pd like to see a copy of the record retention policy. If there is private data discussed(as stated in my prior pazagraph)die meetin 2 --------- --- ----__ —_— ...� ) Commented[MC16R14]:I a�ee that while the Data Practices and HIPAA requirements complicate these issues, they do not mean that it is unpossible to accomplish what you propose.The lazger issue for the City[o consider is whether there are resources available to expand the scope of the Com�nission's involvement in the hiring process.For example,the Ciry pays an howly ra[e to the Ciry Attomey. Historically,the City Attorney has had minvnal involvment in Civil Service Commission business.Increased disclosure �of private information at public meetings will require input from the Ciry Attorney regazding whether to close meetings and how to redact records.In some cases,it may require inviti�g the City Attomey[o meetings[o uionitor the discussion a�d provide input if topics involving privat �3� 3 Article III: Rules The Commission authorizes the City Manager to administer the policies and procedures necessary to carry out�he�e�ef these Rules and Regulations. A. Classification of Jobs The Commission delegates to the City Manager the responsibility 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 identical or similar primary duties,and jobs shall be classified based on job-related contributions and value to the City'sfunction.Such classiticauor�;and ai�iendments or additions theretr shall be reviewed ar,d appro���d by th� Cc�mrnissiari Records of classification studies,actions,and job descriptions(describing typical duties,responsibilities,and minimum qualifications)will be separately maintained by the Human Resources department.Such records shall be made available to the Commissior�an�i a copy�shail b�kept ir�IY��e r�vii Servlce Commission Records e. 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 employment,any availablf dernographic data,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 ur kaer-�r-k�+s desi�nee the[hie�f of Police. 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. iii. An eligible register("Eligible Register")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. 4 C. Selection of Candidates for New Appointments When a vacancy exists,the City Manager or the Chief of Police 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 authorize the initiation of a new application process to 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.W#�en-a�#+sqari�y-ex+st�-�eiween Yl�e swake-mp ef-t43e se�arime+�Y ��ommented[WA(17]•Again,may be the C�ry's. � t<.i ihe�er�mi55i0n'-�� , w+llc�w��6-hve =---—__— -- — are--- �s;i��lEEdRd�ld2-�ei-�F61i� . �' a �^ .�'^•,• a�••^•: �•� TM ...h�F.��f��n:r_,.� �omm an�ted�[WA�18dicreyon omto p cess . { ,these rules """... � y s t� f he ro tld r • �Therefore,this sentence is inappropriate. � __- ---- sz-r; . . . , . . .. . ,,,;-�c .+ r�. r� nn-.......,..w��.........i,..,..r�.....«',...�.,.�..�...--..�:I-. .+'�+ti,.,,.i.,,,.•ti,..:..,�„ ; Commented[MC19]:The City Manager is the appointiug - , ., . l_�____ _________..-_-_. �authorityandtheCivilServiceCommissioncannotrequire �F 4eEt+�lg£>Re6�-Fhe-f�,'''� F '� F��� �^" ^�' ^'�• ^F'�^ the City Manager to appoint a partiwlar candidate.Section e�t�+datC�s�-}a3b-rcleti�E3+�t-qt�dli#iE��iARS;���.n,-��9tk� ^m , 419"does not vest the power of appoinhnen[in the �v M, �i �. '�t.� eommission.NowUere in the civil service commission law The City Manager may,-in#� � ^;select a candidate certified by the Commission, �;s�here]any poweT�esced in�he commission to fiu o� ���ay reject any or all candidates certified by the Commission as provided above in Section E. �acancies by appointrneni."Op.Atty.Gen.785-E-2,June Prior to making a selection,the City Manager may obtain any additional job-relevant information 15,1948.197a opinion.see a[so,Op.Atty.Gen.61-E and deemed necessary to complete the appointment,including recommendations from the Chief of �gs-e-2,Dec.�6,�9�a("[i]t�s our opinion chac che stamtory �and charter provisions authorizing a certain body or official, Police.The Commission will be notified of the candidates selected for appointment and will receive ' such as the counci�or council and mayor,to appoinc fire and copies of all police officer appointment letters. police employees must be given effect.while rhe fire or � police civil service commission is required to certify names �� to fill vacancies,it is not authorized by the provisions of Minn.Stat.chs.419 or 420 to make appoinlments or adopt rules inconsistent with the statutory or charter provisions � providing for the power of appointment."). ' As an extension of this principle,the Civil Service � Commission does not have the power to require the City to . �expend funds.Thus,the City Manager,wl�o is chazged with � the duty of prepazing the budge[,may chose not to fill a vacancy,even afrer the Commissioo has certified candidates. ��COmm2nted[WA(20R19]:What? I don't see how your� 'comment is responsive to anything I sent to you previously. i �In no way did I suggest that the Commission was the i appointing au[horiry,or that the City Manager didn't have �the right to choose which of the certified candidates to hire. [f,however,the City Manager chooses oot to hire any of the candidates certified by the Commission,it must be for a reason provided in Section D or because the City Manager is cutting the position wd making a reduction in the force,as you stated. Additionally,I see that d�e two additional certifications For Icandidates from protected classes was removed here as well. `This is an issue for me. ---- --_ Commented[MC21R19]:It looks to me like we agee here.After the three candidates are certified,the appointing � authority can either appoin[one of the candidaYes,reject one, two or all of the candidates for the reasons enumerated in E above,or chose not to fill the position and reject all three candidates. 5 D. Applications Applications must be filed,in a format prescribed 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 applicanYs 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,be made available to tht��C<7�,Y�riiiss�on and bF kept in the C��ivil Serviie Comrnissror �,<-,crrds All applications must be retained until the applicanYs name no longer appears on the pp g� g' g g � p ance with the State of Minnesota Records _____ _— -—.._ ___ _---- Retentioln 5 hedutlerfor M nnlesota Rovernmentaln ntities. {Commented(WA(22] Curren2lytwoyears. � E. Rejection of Applications Commented(MC23]:rhis lisc was drawn from�he Maplewood Civil Service Rules as you suggested.Whether � The City Manager may reject an application for any of ttie followin�;reasons, ��'—.,,��o�� rhe cri[eria Ntaplewood uses is righc foT Golden valley is a �i�y�q�F���..�g. question for our subject matter experts,the Police Chief and HR Director.The list should capture all of the criteria staff �. • Failure to meet the minimum requirements for the position as set forth in the approved job has successrully retied on hiscorically co amact and nire�ne deseription right people to serve on the poliee force.A[the same time, d�e list should not go so far as to create a discriminatory • Past record of crime,disgraceful conduct,Of COIICIUCt UI1beCOfYling Of 2 pOIICe Offlt2f unpact based onthe increased probabiliry that applicants of color would meet some of die criteria on the list.There is a • Disqualifying baekground information balance to be struck and fmding that balance requires input from our subject matter experts. • Giving false information,engaging in fraudulent conduct or attempted deception,or conspiring with others to do the same • Former dismissal from public or private service because of delinquency or misconduct • D.W.I.,Implied Consent or B.A.C.over.10 on driving record in the last 2 years • Misdemeanor conviction(including traffic convictions,D.A.R.and D.A.S.)in the last 3 years • Dismissal from a police agency or negotiated resignation in lieu of termination • An undesirable discharge from the military or an honorable discharge which indicates the applicant is not eligible for reenlistment • More than 2"at fault"motor vehicle accidents in the last 2 years • Documented instances of misconduct by prior employers -- • Documentedlattemeofunf neslsorlmscondubits Commented[WA(24] Th�sattowsforatocofdiscretion. �I would remove it. _ P • Documented history of behavior that indicates that the applicant will not succeed as a _ _ ____ Golden Valley police bfficer �Commented[WA(25]:This allows for a lot ofdiscretion. I I would remove it. � • Insufficient references or unsatisfactory references • Unsatisfactory personal�qualifications Commented(WA(26]:t don't e�en know what this means,and rt allows for a lot of discre[ion. [would remove The City Manager shall reject an application for any of the following reasons I;t. __ • Felony conviction(including pardons) 6 _ _ _ __ _ _ _ • Felony and gross misdemeanofl drug convictiorr, Commented[VVA(27]:Why die limitation? As staced in �� �� � my next comment,shoulddt a gross misdemeanor be an • CriminalSexualMisconductconviction automaticdisqualifier,regardlessoftimepassedorwhether it had to do witl�drugs? • Gross misdemeanor conviction in the�ast 5 years -__— _.— _ __:-_-, _:—. .—.__ ---' (Commented[WA(28] Why the l�mrtation of 5 yeazs? It • Conviction of SSBuItiY1 Of 2ludin a olice officer �seems like th�s sho�ld go back to the beginning of tvne,as it � � g g p ldoes for a felony convict�on , • Evidence that the applicant has misrepresented or falsified any material information to the T ---- -" '----' --- `--— 1 � — �COmmEntEd[WA(29] Why die l�m�tat�on?Any � department !conviction of a violent act should be preclusive. �_-------------------------- • Evidence that the aqplicant has made pubfic incendiarv comments regardin�age,ancestrv, �Commented[WA(30] Sociatmed�aposts,etc �___ _ _ - �_--- --- - -- __ ----- color,creed,di5abilitV,familial status,gender,pregnancy,�enetic information,sex,marital Commented[MC31R30]:I am concernedthatthis rule ' status,national oriQin,race,reliQion,sexual orientation(includin�sexual identitVL status violates the Firstand Four[eenth Amendme❑[s.Under U.S with regard to public assistance,and veteran'S status,or other protected class Supreme Cour[precedent,public employees'speech is protected as long as it is a matter of public policy,is not a ' Upon rejection of any application,the applicanYs name shall be removed from the Application pan of�ne emp�oyee's job duries a�d does noc have the i R2giSt2f. po[ential to disrupt operational efficiency.In order to ���. effectively implemenY this requirement,the City would have ' to make a case-by-case determination of whetl�er the F. EXdIlllllat1011S �� offending speech met[his legal standazd ornot. .-..--------..._..__� -------------. __.___-- The City Manager shall�,prescribe and administer tests!to determine the relative fitness and ability �Commented[wa(32�:This secc�oa needs a fuli revamp. �� of applicants for new appointment and for promotion within the Department to perform the duties '. The Co�nmission can delegate to che C�ry Manager che of the positions to which they seek appointment.Examinations shall consist of a written auchoriry to create che cests,Wnich Wi�t tnen need appro�a� from the Commission,afrer which the City Manager can examination,physical examination and at least one oral interview.Examinations shall be held in administer._ , successive rounds and only applicants who achieve a passing score on each test shall be eligible for placement on the Eligible Register.Examinations may be administered orally,in writing,or in any we also need co add specificiry ofthe pTocess unde�which candidates are exa�nined,which will include laying out d�at other form that allows applicants to demonstrate the relevant skills,and the form of each there is a Written test,physical cest,panei interview,chief examination and the scoring criteria are subject to Commission approval. ;��erv�ew,et�. With respect to applications for new appointment,th2 COmrT1i55iOn deleg2t2S t0 th2 City Nl2rtdg2f As the memo stated,the Commission needs to`forrnulate the selection process'and take out the discretion the hiring the responsibility of providing notice of the date,hour,place,and scope of each examination. At a I autnoriry nas to score. rhere needs ro be a scoring model minimum,such notice shall be published in a newspaper of general circulation in the City and appro�eaby tne Corrvn�ss;on. tmerv�ew questions should be I posted for 30 days in the City hall and at each station house. The notice shall provide that other approved by the commission,wit1�some flexibiiiry builc in , as we discussed previously. examinations may be administered from time to time throughout the life of the Eligible Register to , applicantsmeetingtheminimumrequirements. �ItwouldbeagoodpracticetoinviteoneCommissionerto � �any panel interview merely to observe,on a rotating basis so I,as not to invoke any open meeting necessiry. The � �Commissioner need not attend and would not partake in the ��, �scoring. � -._-------- .___ ____ __..__-----. Commented[MC33R32]:While I understand the intent � � here,staff is concerned that too much detail regarding the � . � process in these rules will inhibit the Ciry's ability to hire the most qualified candidates.Best practices for testing methods change periodically and staff would like to preserve the abiliry to follow industry standards and best practices without having to call a special meeting of the Commissioo. Likewise,the scoring model changes depending on[he �q� _.__. .._._ .____ __------ ---.. . COmmented(WA(34R32]:I a�ee wi[h much of the �� staff s wncerns,and diddt imply that we should put a rigid i testing and scoring model in the rules. I thirilc that having tlie I process laid out as you do in the second and third sentences . of this pazagraph is sufficien[,considering tha[you also '�, added that the form of the examination and scoring critena aze subject to commission approval. In practice this c �5� 7 G. EligibleRegister ___._-- -.____ __ _ __ __ __._.l {Commented[WA(35] In order to remove discrehon,as i. Placement of New Candidates on the Eligible Register I yo„r memo sub�ests,shou�dn't this have a more precise breakdown of the scoring criteria? There can be flexibility Ail candidates who pass the examinations to the satisfaction of the City Manager or the I to allow sor markec condicions. See n�taplewood Sec.s(e) Chief of Police shall be placed on the Eligible Register and ranked according to the total II and(�,and sec.�o(b). 'rhey snou�a be scored and che score weighted scores,the candidate with the highest qualifying score being first and the shouid be Wnat pucs chem on the eiigible register,noc ci�e �satisfaction of tl�e City Manager. candidate with the lowest qualifying score being last.4�t�eve+�-Fd�a�twe�r-r�e�e -- -- --" �.a ��. �, ���F�,�T��„ii ti„„ �ti„ \Commented[MC36R35]:The phrase"to the satisfaction Ea���.,,�T�F,,,,„., „a,. .,t„„^Yti' ti«ti,..,,r^-.a'�.,�.�«,ti,.....,.,....ti....+�L..„. ,.F of the Ciry Manager"is mtended[o address the fact that the , cat off for"passin�"is not the same in any given t ^F*^-,,.�;--,�o������ examination period.The test questions change,the number � ia �, .ii� ,�,,,,. ��,.,ii ti„a,,,.;a„a ti„�tio�� � .of applicants change,and[he quality of d�e applicants can . _ . . . ,....,.�. ' ��.vary.Requirmg a precise cu[off for"passing"will require �. e€a-Ee+p-by-�krelEMa+r�In the event that two or more candidates are ranked in such a , 'rhese rules to be updated before or during each examination manner as to create a�tlel,_the contest shall be decided by the toss of a coin by the_Chair. _ peaod.l�s�ead,I reco�nmend relying on the state�nent in -- -- --- - ------- - - -- - - - - -,,! The candidate with the surname closest to the beginning of the alphabet shall be assigned para�aph E above r�atrequires Commission appro�alofthe , , examination procedures and scoring criteria . the"heads"result and the other candidate the"tails' result.In the event that more than ____ _____ ___. ____ two candidates are subject to this section,the contest shali be conducted in the same I Commented[WA(37R35]:Then I wouldjust delete the mannerwiththefirsttwocontestantsselectedbasedonalE�t�abPt�calrankinK,thEvictciof Ilan�ua�e. ldisageewichsomeofyowassen;onshere. You I unply that the best candida[e of a very poor pool of which shall thPn cnmpete with the remaining candidate.Veterans shall haveadded points I,appiicantswouldstillmakeitthroughbecause•`thecutoflF during the examination process,if they so elect,in accordance with applicable Minnesota for�passing'is noc che same�n any gi�en eXaminacion law.Placement on the Eligible Register is not a guarantee of being hired as a Golden Valley pedoa." t chink r�at if,at the end ofa hir�ng process,there are not any applicants that would make i[througl�an POIICe OffiC2�. objective scoring criteria,then we should not hire any of � �those applicants and the hiring process should be restarted. ii. ExpiratiOn O�T2ffY�indtion Of Eligibility Ifthat means that we hire a temporary placement,then that's what it means and there is a process for H�at(though it does The eligibility of a candidate for appointment shall continue for a period of no more than ' not eXceed 3o aays). �----- ----- - - ------ two years. An applicant may be removed from the Eligible Register before the expiration of Commented[MC38R35]: Rescanin�the hiring process tw0 yedf5 f0�Bfly Of th2 f011Owing�2BSOn5: can be time a consuming and long process.Additionally, there may not be any qualified candidates to appoint as • The candidate submits a written request to be removed from the Eligible Register temporary hires.There a�e practical p�ob�ems re�aced co the �'� timing of hiring and Uie availability of qualified candidates • The candidate fails to meet or continue to meet any established requirements for chac shouid be discussed wi�t�the rolice Chief. the position,induding but not limited to failure to meet licensing,registration,or 1 'I Commented[WA(39]:May be the Ciry's approved � medical qualifications I affirmative action goals? _:__ -_° -= = - � • The Eligible Register is de-certified I Commented[WA(40] See the Maplewood rutes Sec.]0 IC for their t�e-break method. IYs a coin flip. Insert the rest • Any other reason which would disqualify a candidate for appointment to the ofthe language nere,or if�here's a better mechod chan a coia CI2551fICdti011 ��� fl�p thaYs fine too. �CommeOtEd[WA(41]:I see that the preFerence of a �cac�didate from a protecYed group for wl�ich a dispazity exists H. Promotions �was re�noved. That is an issue for me. � __- _ _-. _—_ __ isub�ect to the a roval of the Commission, establishing and administering COMmEntEd[WA(42].This process needsto be approved the p omot on ip ocess,tes�the Cit pa�na er the res onsibilit o To be eligible for a promotion,a by che Comm�ss;on,buc unaers�andabty musc be neXib�e � g Y B P Y candidate must file a written application,fulfill the mimmum�ob requirements,p855 th2 2ppllCabl2 enoughto allow formazket based needs. examinations,and fulfill the minimum experience and education requirements. The Commission Commented[MC43]:T nis wi uTequire a meet�n�o t�ne ' delegates to the City Manager the responsibility of reviewing candidate applications as well as each commission prior to commenc�ng the promotion process to �decide what the process will be and how it will be , candidates'records of efficiency,character,conduct and seniority to determine if the applicant admintsteTed,ana co obrain comm�ss�on approval. __-- -- - _ ----_: ..---- meets the foregoing requirements and is eligible for promotion.Examinations for promotion shall {Commented[WA(44R43]:That is exacdy what it Irequires,and as it should be. � s 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. TemporaryAssignments 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 Commission. 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 ur�c c-herer#�i�ap�licau�i;3�<>r a��ee�raeni, 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 by the City Manager or a<_uperiar oFticer,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 I power of any officer to suspend a subordinate for a reasonable period of time not exceeding 60 i 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 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. 9 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. N___,�t ual EmploVment Opportunitv and Affirmative Action�oals The Commission will review the Citv's Epual Employment Opportunitv and Affirmative Action�oals, should there be anv and take those into consideration when formin�the Commission's�oals.If the Commented[MC45]:This seaion must be remo�ed.I , City does not have Equal Emplovment Opportunity and Affirmative Action�oals the Commission nave noc]ocated any stan,cory or ocher authoriry auowing the ' will establish and update its�oals based demo�raphic data of all regions served bv the Department Commission to adopt�cs own affi�macive action goals. .Additionally,where the City does not have establisl�ed in comparison to the demoaraphic data of the Department,with the soal of havin�a Department affinnat;ve action goals,�do not see any autl�oriry fortl�e that is representative of the communities it serves. These aoals will be reviewed everv 5 vears,or co�nmiss�on to granc preference co candidates based on race whenever new resional demoaraphic data is qubliclv available.: or gender.tvly oftice is preparing a memoranaum with more . detailed research related to affirma[ive actio�plans and will . �.provide that to the Commission. Article IV: Amendments and Revisions — -- — — — -- � Commented[WA(46R45]:I think the more pertinent The Commission will review these Rules and Regulations annually at a meeting with a majority of the q�escion is whetner there is any law tnat woula proh�brt�ne Commissioners present,and Commissioners will present recommendations for changes and amendments. commiss�on fro�n adopcin�sUcn goa�5,noc wnetner�nere is any law allowing it. I would recommend that we seek advice These Rules and Regulations can be altered or amended at any regular Commission meeting��raa+Aec1�#a� ,from tne[.eag�e oftvtinnesota Cicies,the Minnesota ngEi6@flf�kaR}3fOpc�,E�-f�R��6dRF�a+i�f�f�df7lenEs�+s-R13+12d�EA-2lEk�#lEl»bE'r-3F�-1235L-�28-f�3y5-. i DeparhnentofHumanRights,theAmericanCivilLiberties !Union,and d�e Golden Valley Ciry Council. This portion, _ j along with the hvo ofl�er portions you cu[from my ���recommendations regarding candidates from protected '��.groups for which a disparity exists,is both important and I allowable under Minn.Stat.419.06(11). The paragraph 'i nnmediately following that subsection presumes that a police �department has approved affinnative actioo goals. It follows =logic that this Coinmission would be the place such goals �would be set. �Tl�e sections regarding the dispariry and affirmative action 'I goalsl are non-negotiable to me,and unless I am ouNoted by '�the res[of the Commission,I am resolved to see them included. I would be willing to come to an agreement on all �I of the other terms we've discussed herein,and simply have �,two competing sets of rules. I see the most likely scenario as ;again tabling a vote on the rules pending advice from the Iaforementioned sources,and pending presentation to the ciry council. i Commented[MC47R45]:This merits further discussion with the Council and the Staff.You and T have different legal opinions about whether§419.06,subd.11 vests authority in the Civil Service Commission to create its own affirmative action goals without the input or approval of the Council. Setting that aside,to crea[e affvmative action goals and � require staff to act on them would require financial and staff resources.The Commission does not have the authoriry to � dictate the use of public funds.Therefore,Council approval must be secured so that the expenses related to development and implemen[ation of an affirma[ive action plan can be incorporated into U�e budget and authorized by the Council. Staff can provide additional informa[ion about what those additional expenses might include. 10 Page 3�[i] Commented [MC14] Maria Cisneros 5/8/2018 4:15:00 PM � There will be issues under the Data Practies Act and HIPAA with respect to how applicant data is stored and discussed at Civil Service Commission meetings. The more detailed the records and discussion are,the more likely the City will face difficult questions regarding the extent of permissible disclosure. For example,there may be some situations in whicb it is relevant to consider an applicant's physical or mental health. This data is private data under the Data Practices Act;however,the Act does allow discussion of private data at public meetings. Minn. Stat. § 13.03,subd. 11.HIPAA,on the other hand,requires protection of all heahh information created in the application and examination process. This includes physical and mental health diagnoses which may be revealed as part of the application process. To the extent any of this information is included in the Civil Service Commission records or is discussed at Commission meetings,the City must implement policies and procedures reasonably designed to ensure that all private health information is protected in compliance with HIPAA.45 C.F.R. § 160.103.In summary,the Commission and City staff would likely need to consult legal counsel prior to all meetings called to discuss applicant data. With respect to recordings,under the City's record retention policy, audio recordings of non-closed meetings are retained for 3 months.Additionally,because of the private nature of the data that could be discussed,staff recommends not recording the meetings.Historically,Civil Service meetings have not been recorded. _-------__----------______.._�__ -------_ ____-- _----_. _— - ---------- ------- � Page 3: [2] Commented [WA(15R14] Andrew Wold 5/15/2018 1:19:00 PM � With respect to your first paragraph,the Data Practice Act would require that not public data be redacted in the case of any data request,and the obligations under the data practices act and HIPAA would exist regardless. I don't see how anything in this rules change has an effect on that. If health data were to be discussed,then the meeting would have to be closed under Minn. Stat. 13D.05 subd.2(a)(3),and recorded(which would need to be retained for three years). With respect to your second paragraph,I'd like to see a copy of the record retention policy. If there is private data discussed(as stated in my prior paragraph)the meeting needs to be closed. If needed,the City's record retention policy could be updated to accommodate. Page 3: [3] Commented [MC16R14] Maria Cisneros 5/16/2018 10:59:00 PM _ ._.._. .,, _ ...�..___�...�. I agree that while the Data Practices and HIPAA requirements complicate these issues,they do not mean that it is impossible to accomplish what you propose.The larger issue for the City to consider is whether there are resources available to expand the scope of the Commission's involvement in the hiring process.For example,the City pays an hourly rate to the City Attorney.Historically,the City Attorney has had minimal involvment in Civil Service Commission business.Increased disclosure of private information at public meetings will require input from the City Attorney regarding whether to close meetings and how to redact records.In some cases,it may require inviting , the City Attorney to meetings to monitor the discussion and provide input if topics involving private information I surface during an open meeting.Moving forward with this model without sufficient input from the City Attorney creates a risk of liability because over-disclosure could constitute a violation of the Data Practices Act while under- disclosure could be a violation of the Open Meeting Law. Similarly,expanding the Commission's role would require a Human Resources professional to attend the meetings and review the records.The City currently has an HR department of 1 person. The City may need to hire another HR employee to handle the increased workload required by this new model. Again,this is not to say the proposal is impossible,but these issues should be part of a larger discussion with Staff and the Council. ,_ _ ___ _ ' Page 7: [4] Commented [MC33R32] Maria Cisneros 5/14/2018 2:33:00 PM e � .._...�.�..� _ �m_� _.,. _____ W..�.__.._.__ ,. While I understand the intent here, staff is concerned that too much detail regarding the process in these rules will inhibit the City's ability to hire the most qualified candidates.Best practices for testing methods change periodically and staff would like to preserve the ability to follow industry standards and best practices without having to call a special meeting of the Commission. Likewise,the scoring model changes depending on the number of applicants and the performance of the applicants in any given round.It is particularly important for a smaller department,like Golden Valley,to have some flexibility with scoring. Otherwise,we risk ending up with too many candidates to effectively process,or too few candidates.In the past,this has been handled on a case-by-case basis and has varied with each round of testing/hiring. Staff welcomes the Commission's input,but recommends not prescribing a rigid testing and scoring model in these rules. ------ -__ -..-------- — - ---- �Page 7 [5] Commented [WA(34R32] Andrew Wold 5/15/2018 2:16:00 PM I agree with much of the staff s concerns, and didn't imply that we should put a rigid testing and scoring model in I the rules. I think that having the process laid out as you do in the second and third sentences of this paragraph is sufficient,considering that you also added that the form of the examination and scoring criteria are subject to commission approvaL In practice this can be done when the ciry manager or chief of police requests that the Commission approve a new hiring process;the Commission and consider and approve the testing and scoring model at the same time.