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HomeMy WebLinkAbout2023-12-20 - Agendas -CITY OF FAYETTEVILLE %PF ARKANSAS Civil Service Commission December 20, 2023 9:30 A.M. City Hall Room 111 MEETING AGENDA Members: Paul Younger - Chair, Spencer Brown - Vice -Chair, John Montes — Secretary, Stan Adelman, Jules Beck, Bo Bittle, and Warren McDonald City Staff: Fire Chief Brad Hardin, Chief of Police Mike Reynolds, City Attorney Kit Williams, Michele Bechhold, Civil Service Commission Staff Liaison Consider revisions to the Civil Service Commission Rules & Regulations as reflected in the attached memos and Proposed Changes document. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 0 CITY OF FAYETTEVILLE ARKANSAS Memorandum To: Civil Service Commission From: Chief Hardin Date: November 1, 2023 Ref: Possible Civil Service Commission rule changes The state civil service laws changed, and the fire department is recommending the following changes to match the state law. The following is a summary of the changes: 1) 1:01(f)1. Adjusting the hiring age to 35 for applicants with previous experience. a. The state law changed several years ago from 32 to 35 for new hires but the age remained 32 for those with prior experience. 2) 1:06 Allowing the chief to choose from the top 5 applicants. a. Currently the chief can select from the top 3. This change will allow the chief to choose from the top 5 on the new hire certification list. b. It has no impact on promotional certification lists. 3) 2:10 modifying the "60-day" rule for promotions a. It is difficult to publish a reading list, choose a test, advertise a test, interview the personnel and make a selection within 60 days of a vacancy. b. This rule changes the 60-day rule to only apply when there is a standing certification list. c. Another problem with the current practice is vacancies typically occur in the summer which aligns with vacation season. d. To better accommodate the needs of our people and to be respectful of the commissioner's time the fire department has been completing promotional exams once annually on the second Monday in April. This allows our people ample time to prepare for the examination. 4) 3:05 Testing more than once a year. a. This change allows an applicant to test more than once a year. b. State law has no restriction on the number of times an applicant can apply annually. This was an internal rule. Mailing Address 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 Ii CITY OF FAYETTEVILLE ARKANSAS TO: Civil Service Commission THRU: Missy Cole, HR Director FROM: Michele Bechhold, Asst. HR Director DATE: November 21, 2023 SUBJECT: Proposed Revisions to the Civil Service Commission Rules & Regulations This memo outlines proposed revisions to the Civil Service Commission Rules & Regulations from the HR Department. The revisions are included in a separate document, Fall 2023 Proposed Changes to the Civil Service Commission Rules & Regulations. The changes requested are outlined below. Section 1:02(f)2 needs to be revised to mirror previously approved changes to 1:01(g)2 which removed a list of specific college courses and replaced the list with the requirement of 12 college credit hours. 2. Section 3:03 reflects a request to remove the need to physically post paper notices of entry level and promotional examinations in the police department and each fire station. As required by Section 3:03, notices of entry level and promotional exams will continue to be posted on the City's websites. In addition, notices of exams are emailed to all employees. 3. Section 5:01(g) includes a minor rewording to improve consistency with other sections. Thank you for your consideration of these proposed changes. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 PROPOSED CHANGES TO THE CIVIL SERVICE COMMISSION RULES AND REGULATIONS RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION OF THE CITY OF FAYETTEVILLE ADOPTED March 16, 2022 ARTICLE 1. PROBATIONARY APPOINTMENT POLICY 1:01 QUALIFICATION FOR APPLICANTS All applicants for appointment to the Fayetteville Fire or Police Department must meet the following qualifications: (a) Be a citizen of the United States or a nonimmigrant legally admitted to the United States under the Compact of Free Association (Marshall Islands); (b) Provide documentary proof that applicant will be not less than 21 years of age by the test date. Individuals 18 through 20 years of age may apply for appointment to the Fire Department if they meet specific criteria listed in (g) below; (c) Have graduated from an accredited High School, have passed the General Education Development (GED) Test indicating High School graduation level, or have completed a minimum of 12 hours of college coursework at an accredited institution with at least a "C" average; (d) Have never been convicted of a felony; (e) Be of good moral character; (f) Ark. State Code provides that no person who has arrived at the age of thirty- five (35) shall be eligible for appointment to the Fire Department except where the applicant is already a paid firefighter. The maximum age of thirty- five (35) shall not apply to: 1. Any person who has at least two (2) years of previous experience as a paid firefighter with another department and whose years of experience as a paid firefighter, when subtracted from the person's age leaves a remainder of not more than thirty-five (35)Rhi 21 ears; or , - commented [Hei]: state law changed 2. Any person who is applying for a position within the Fire Department in which the primary function of the job involves duties that are administrative, managerial, or supervisory in nature. 3. A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. ¢ 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States. (g) Applicants for the Fire Department who are 18 through 20 years of age must have attained certification as an Emergency Medical Technician either through the State of Arkansas Department of Health or through the National Registry of Emergency Medical Technicians or possess one of the following prior to application: 1. Medical certification or license at a higher level (paramedic, nurse, etc.) 2. 12 college credit hours 3. Firefighter I and Firefighter II certification through IFSAC or Pro - Board 4. A minimum of two years' honorable service in the US Armed Forces including National Guard. (h) Police department applicants must meet all minimum standards for employment for police officers set by the Arkansas Commission on Law Enforcement Standards. COMMENT: A. U.S. Citizenship or status as a nonimmigrant legally admitted to the United States under the Compact of Free Association (Marshall Islands) is required by the Minimum Standards for employment for police officers set by the Arkansas Commission on Law Enforcement Standards. B. Minimum Standards requires all police officers must be at least 21 years of age. Ark. Code Ann. Sec. 14-51-301 requires a minimum age of 18 for appointment to any position on the fire department. C. The Code states only that the Rules prescribed by the Board (Commission) shall provide for the rejection of candidates as eligible who fail to comply with reasonable requirements of the Board as outlined in Ark. Code Ann. Sec. 14-51-301. Minimum standards set no maximum age for Police. D. Ark. Code Ann. Sec. 14-51-301 prohibits appointments of a convicted felon and Minimum Standards prohibit appointment of a person "convicted by any state or by the Federal Government of a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison". 1:02 APPLICATION All applicants for police officer who are not already Certified Law Enforcement Officers or applicants for firefighter who are not already Certified Firefighter I and Firefighter II and certified Emergency Medical Technicians (EMT) must submit to the City the properly completed application form no later than the published deadline. As used throughout the Rules and Regulations of the Civil Service Commission, a certified Firefighter I and II must possess a currently valid certification through the International Fire Services Accreditation Congress (IFSAC) or Pro -Board and a certified EMT must possess a currently valid certification as an Emergency Medical Technician either through the State of Arkansas Department of Health or through the National Registry of Emergency Medical Technicians. An application from a Certified Law Enforcement Officer or Certified Firefighter I and II with EMT certification may be considered by the Police or Fire Department when received. The following documents must be supplied to the City to make the application properly completed. The Civil Service Commission may waive the necessary inclusion of any such document: (a) A completed application form; (b) A copy of the applicant's birth certificate, naturalization record, or unexpired United States passport or United States passport card, or unexpired Marshall Island Passport or U.S. Immigration Form I- 94; (c) A copy of the applicant's high school diploma, college diploma, high school transcript showing graduation date, General Education Development (GED) Certificate, or a transcript from an accredited institution documenting a minimum of 12 hours of completed college coursework with at least a "C" average as a substitute for a high school diploma or GED certificate; (d) If the applicant has been in the military service of the United States, a copy of the discharge paper from such service; (e) A copy of the applicant's driver's license. (f) Applicants for the Fire Department must provide a copy of EMT certification or a copy of documentation that meets one of the requirements listed below: 1. A higher level medical license or certification (Paramedic, (Nurse, etc.) 2. College[transcrpt reflecting earning at least twelve college_ _ _ _- - - commented [ent2]: To mirror 1:01(g)2 credit hours in Enelish. , ,r..a Seiene.e 3. IFSAC Firefighter I and II certificates 4. Accredited Fire Academy Certificate of completion (NFPA, Pro -Board, etc.) 5. Military discharge papers (DD-214) or if currently serving, other documentation which reflects a minimum of two years' honorable service in the Armed Forces including National Guard. test the qualifications of the applicants for the particular scrvicc and position to be filled. 1:05 SCORING AND PLACEMENT INTO CERTIFICATION LIST (a) All applicants receiving a combined total of at least 70% on the written examination (where applicable) and oral interviews shall be declared to have passed the examination. The names of all persons receiving a passing score on the examination shall be placed on the eligibility list in order from the highest total combined score to the lowest. (b) An applicant who is a properly certified Police Officer or a properly certified Firefighter I and 11 with EMT certification who opts to forego the written exam, and who passes their oral interviews shall be inserted into the existing certification list based upon the points scored during their oral interviews. COMMENT: A. Ark. Code. Ann. Sec. 14-51-301 requires the Rules and Regulations to provide for the creation of eligibility lists for employment for which shall be entered the names of successful candidates in the order of their standing in the examination. 1:06 SELECTION An individual has three (3) business days to respond to written communication from the Chief or his/her designee sent to the email address provided in their application. Upon failure to respond, the Chief may remove the individual from the certification list. When a position becomes vacant, the Chief of the respective department may select, for appointment, one (1) of the highest five 5 th-ee{� - - Commented [Hs8]: state taw changed to top 5 individuals on the eligibility list. After selection of an individual to fill a position, all remaining applicants for appointment, including those certified but not selected by the Chief will remain on the eligibility list. The applicant selected for appointment will be given written notice and has three (3) calendar days to accept the appointment. Upon failure to accept appointment, that individual shall forfeit all rights under the eligibility list. The Chief may select from the five 5 tree (3) highest individuals then certified. This procedure shall be repeated until a selected individual from a list accepts appointment. The Chief shall notify the Commission of the person appointed. The Police Chief may remove an individual from the Police Officer certification list subject to the provisions of Section 1002 3. (e) of the Rules and Regulations of the Commission on Law Enforcement Standards and Training. COMMENT: A. Ark. Code Ann. Sec. 14-51-301 requires the Commission Rules and Regulations to provide for certification to the department head of the five 5 three (3) standing highest in the eligibility list for L9 appointment and for the department head to select, for appointment one (1) of the five 5 three (3) certified and notify the Commission thereof. B. An applicant selected for appointment who does not accept the appointment within the time prescribed by this section, must file a new application pursuant to Section 1:02 and be recertified pursuant to Section 1:03 —1:06 of these Regulations. 1:07 EMPLOYMENT REQUIREMENTS Before employment by the respective department, each applicant must complete and pass, to the satisfaction of the Chief of the respective department: (a) A comprehensive background investigation; (b) A detailed psychiatric or psychological examination; (c) A physical examination by a licensed physician; (d) Fingerprinting and submission of those fingerprints to the FBI and State fingerprint files to check for criminal records; police candidates only. (e) A hearing test by a certified ENT, a licensed Audiologist, or other certified medical technician; for fire candidates only (f) 75-foot ladder climb; for fire candidates only; (g) Failure of any applicant to complete/pass to the satisfaction of the Chief sub -paragraphs a, b, c, d, e, and f will result in removal from the certification list. COMMENT: A. (a), (b), (c) and (d) are required by Minimum Standards. 1:08 PROBATIONARY PERIOD An applicant appointed to a position of firefighter must serve a probationary period of twelve (12) months before the appointment is complete. An applicant appointed to a position of police officer must serve a probationary period of eighteen (18) months before the appointment is complete. The head of the respective department, or the Acting Authority, may discharge the appointee during the probationary period by written notice for any reason. 10 2:09 PROMOTIONAL PROBATIONARY PERIOD A promotion to any rank in service shall not be complete for a period of six (6) months and any member promoted to a higher rank cannot step-up or work in a higher rank until the probationary period has been successfully completed. The Chief may reduce in rank, any promoted member of the Department during this initial six (6) month period for any reason with written documentation. The respective Chief shall provide written notice of such reduction in rank to the individual being reduced, the Civil Service Commission, and Human Resources. This notice shall state the reasons for such action. Such notice shall not be considered as granting to the member being reduced in rank the right to a hearing before the Commission or appeal there from, nor shall the requirement of stating the reasons therefore be considered as to require such reduction to be for good cause. 2:10 TIME OF PROMOTION (When there is an existing eli ig bility list, pPromotions hall be made within_sixty , , - commented [He4]: state law changed (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act. Promotion shall be made from the eligibility list in effect on the date that the vacancy occurs if possible. COMMENT: A. This section follows the language of Ark. Code Ann. Sec. 14-51-301. 2:11 EXTERNAL APPLICANT REQUIREMENTS The Commission may open a promotional examination to employees of other Police and Fire Departments if there are insufficient internal applicants pursuant to Section 2:00. Such external applicants must satisfy all requirements set forth in these Rules for the particular position, as well as the age limitations set forth in Section 1:01, and will be evaluated in accordance with the same procedures and criteria specified for internal applicants seeking promotion. Provided, however, that in lieu of the Departmental Evaluation required by Section 2:04, an external applicant must consent to: (a) release by his or her present and former employers to the Fayetteville Police or Fire Department, a true and correct copy of his or her personnel files; and (b) interviews by senior officers of the Fayetteville Police or Fire Department with his or her present and former supervisors and fellow officers concerning his or her job performance. Evaluation of the personnel files and interviews shall be conducted by those senior officers who conduct the Departmental Evaluation under Section 2:04. The evaluation shall be conducted according to the same standards and have the same maximum point value as the Departmental Evaluation for that rank. Provided further, that Section 2:09 is inapplicable and that the probationary period set forth in Section 1:08 shall apply. 17 ARTICLE 3. EXAMINATION POLICY 3:01 EXAMINATION STANDARDS All examinations referred to in these Rules shall be open and competitive and shall be designed to test the relative knowledge, aptitude and proficiency of applicants for such positions. 3:02 EXAMINATION DATES Appointment and promotional examinations may be given for the respective Departments approximately every six months, and special examinations may be given at any time, the necessity of which is determined by the Department Chief. 3:03I _ NOTICES - Commented [BMS]: Remove the requirement to post The Secretary of the Commission shall issue, at least fourteen (14) days before the physical notices. State law still requires a paper posting in application deadline, a notice of entry level examinations, stating the date, time, City Hall. location and purposes thereof, which shall be published in a newspaper having a bona fide circulation in the city of Fayetteville. Notices of both entry level and promotional examinations shall be posted at least fourteen (14) days before the application deadline in the City Administration Building of the City of Fayetteville, i the Pell a T,o....,..ment and in each Fire Station. Notices of entry level and promotional examinations shall be posted on the City's website. 3:04 NOTICES FOR VACANCIES WHEN NEW ELIGIBILITY LIST NEEDED (a) If a vacancy is created as a result of death, termination, resignation, demotion, retirement or promotion, and there is not an eligibility list sufficient to fill the vacancy, the Fire Chief or Police Chief shall notify the Civil Service Commission within five (5) business days of such vacancy and the need for testing. The Civil Service Commission shall schedule an examination to establish an eligibility list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the Fayetteville City Council. (b) Notices for police promotions shall be posted prominently and in a timely fashion. They shall be posted at least fourteen (14) days before the application deadline. The announcement of the police promotional process shall include a concise description of the vacancy and include the salary and duties, responsibilities, knowledge, skills, and abilities required. It shall provide a reading list of study materials that interested employees may obtain. The announcement shall clearly demonstrate what candidates can expect about the testing process to include expected duration and format of tests, interviews, and assessment centers and numerical weight assigned to each element of the process. 18 COMMENT: A. (a) of this Section follows the language of Ark. Code Ann. Sec.14-51-301. B. (b) of this Section is required to meet CALEA standards. 3:05 TEST RESTRICTION An applicant may not take both fire and police entry-level examinations at the same testingperiod. AnaPPapplicant !not etwFently eeAi foa nay---------� take the - - Commented [HB6]: I am proposing this change to give P ------- examination for the same department more than once in a 12 month period. The those applicants who may have struggled with a portion of the process and ended up low on the list to try again within new score will override any previous score. if an applicant is on ., ,., rFe r eiN41 the same year. We normal hire twice a year. serviee eer-tifieation list he/she is not eligible to take the enti-J, level examinatie unless that applieafiVs eet4ifiea�ieft e*pifes withift 30 days ef the vffit4en test date, 3:06 IMPARTIALITY All examinations shall be conducted impartially and instructions pertaining to the examinations shall be made available to all candidates. 3:07 EXAM ADMINISTRATION Commissioners may be present during the administration of all written appointment and promotional examinations given by the Commission. If an exam is proctored by a third party, advance notice as determined by the third party is required if any Commissioner(s) would like to be present during an examination. This allows time to complete any authorization process that may be required by the proctoring facility or testing company for individuals other than the candidates to be present during the examination. The Commission shall normally delegate the administration of examinations and the grading of objective portions of examinations to City Human Resources staff. City Human Resources staff may delegate the administration and grading duties of entry level examinations to personnel within the Police and Fire Departments, a third party proctoring entity or a testing company. 3:08 ACCESS TO TEST SCORES (a) All examinees shall have the right to see their score on each part of the exam, and shall be permitted access to the range of scores on each portion of the examination upon completion of the testing process. (b) Within ten (10) calendar days of the initial posting of a promotional certification list on the City's website, promotional candidates shall be entitled to review their own test results. During the employee review process, the employee may not copy test questions in any form whatsoever. 3:09 CERTIFICATION OF CANDIDATES As soon as is practicable after any examination, the Commission shall complete their review of the examination eligibility lists. The lists shall then be certified and such lists shall be in full force and effect for the period of one (1) calendar 19 COMMENT: A. This Article follows the language of Ark. Code Ann. Sec.14-51-301. ARTICLE 5. CONDUCT, DISCIPLINE AND GRIEVANCE PROCEDURE 5:01 PROHIBITED CONDUCT All employees of the Fire and Police Departments are subject to the City's Personnel Policies, as well as any other City policies or written standards governing employee behavior; this includes but is not limited to the City's sexual harassment policy. The following list of items relating to failure in conduct is representative but not limited to those considered to be adequate grounds for disciplinary action. No employee of the Fire or Police Department shall: (a) Use intoxicating liquor, beer or wine while on duty; (b) Make unlawful use of a controlled substance, either while on or off duty; (c) Gamble while on duty; (d) Willfully fail to obey any lawful and reasonable direction given by a superior having authority to give such direction; (e) Be disrespectful or discourteous in manner, action or attitude toward superiors, fellow employees or private citizens while on duty; (f) Be absent from duty at any time without leave; d0.. Exhibit incompetence, incapacity, inefficiency or ineptitude in the , , - commented [BM7]: Replace "his" with performance of job his duties; (h) Use or drive any machine, vehicle or apparatus of the Department carelessly, or maliciously, or in such a manner as to collide with and injure the person or property of any citizen; (i) Engage in conduct detrimental to the efficiency or morale of the Department; (j) Exhibit dishonesty or deception, or falsify any report or record; (k) Fight with another employee of the Department; 21