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HomeMy WebLinkAboutOrdinance 4364 ORDINANCE NO. 4364 AN ORDINANCE GRANTING AUTHORITY TO THE FAYETTEVILLE CIVIL SERVICE COMMISSION TO APPOINT AND REMOVE THE POLICE CHIEF AND FIRE CHIEF, AND FOR OTHER PURPOSES WHEREAS, under A.C.A. § 14-42- 110(a)(2), a City of the first class is authorized to delegate the authority to appoint and remove the heads of the Police and Fire Departments to the City's Civil Service Commission; and, WHEREAS, the City Council for the City of Fayetteville, Arkansas, finds that it is in the City's best interest to have the authority to appoint and remove the Police Chief and Fire Chief with the Fayetteville Civil Service Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . The City of Fayetteville delegates the authority to appoint the Police Chief and Fire Chief of the City of Fayetteville, Arkansas, to the Fayetteville Civil Service Commission. When appointing the Police Chief or Fire Chief, the Fayetteville Civil Service Commission shall appoint the person standing the highest on the civil service examination for the appointment to the position of Chief, at a salary as set by the Council approved city pay plan. Section 2. After the appointment is complete, the Mayor may still suspend the Chief without pay for a period not to exceed 30 days or take any other disciplinary action except for termination as allowed by the City's Personnel Policy. If the Mayor believes that the Chief should be discharged, he shall address the reasons he believes the Chief should be discharged or reduced in rank to the Fayetteville Civil Service Commission. The Chief shall have the normal rights of appeal provided by law for disciplinary action against him/her. However, no Police Chief or Fire Chief who has not previously held a position within the same department may be reduced in rank to another civil service position. PASSED and APPROVED this the 15`s day of January, 2002 . APPROVED: By: DAN COODY, Mayor ATTEST: By Veto for Ordinance No . 4364 Heather Woodruff, City Clerk Date of Veto : January 16 , 2002 See Attached Memo FAYETTEVR,LE THE CITY OF FAYETTEVILLE, ARKANSAS January 16, 2002 Veto for Ordinance #4364 I hereby veto the decision of the City Council to remove the Mayor's authority for hiring and firing Fayetteville's Police and Fire Chiefs and place it with the unelected Civil Service Commission. Some of the reasons this ordinance is contrary to the public interest are explained below. 1 . I respect our Fire and Police Departments. Our police and fire personnel are the most effected by this City Council action and both have expressed strong opposition to this unnecessary change. They understand that our current system can address problems more efficiently than a committee. If a member of the department felt compelled to appeal an action or decision of their . Chief, that member would have to appeal to the very commission that would have hired that Chief creating a potential for conflict. Any appeal beyond that would have to go to Court. 2. Fire and Police Chiefs need to be directly accountable to the public they are sworn to serve and protect. Only if an elected Mayor retains authority over the Fire and Police Chiefs can this accountability be assured through the democratic process. 3 . We have changed our hiring process so both employees and personnel professionals have a seat at the table when interviewing applicants for department director positions. This has worked successfully to bring in our new Fire Chief to reorganize our Fire department through teamwork. I have decided to veto this ordinance because it is contrary to the public interest. Dan Coody, Mayor 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 • STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF MAYOR'S APPROVAL FROM: Trent Trumbo, Alderman Name Division Department ACTION REQUIRED: An Ordinance Granting Authority To The Fayetteville Civil Service Commission To Appoint And Remove The Police Chief and Fire Chief, And For Other Purposes COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACTIGRANT/LEASE REVIEW: GRANTING AGENCY: Acc g Mana er Date Internal Auditor Date / -- 3 rS2 Attorney Date ADA Coordinator Date Purchasing Officer Dale STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date �/ New Item: 1 eS No Department Director Date Previous Ordinance/ Resolution No.: Administrative Services Director Date Mayor Date 0 0 355 GOVERNMENT OF MUNICIPALITIES GENERALLY 14-42- 110 CASE NOTES ANALYSIS from proceeding to try the mayor of a city Constitutionality. for nonfeasance in office without a jury; Hearing and determination. such an action of the circuit judge, if Nonfeasance. erroneous, was reversible only on appeal. Removal. McClendon v. Wood, 125 Ark. 155, 188 S.W. 6 ( 1916). Constitutionality. An ordinance limiting the city attor- Nonfeasance. ney's salary to $1.00 per annum when in The enforcement of the laws rests on fact the city attorney was uncontested in the mayor, police judge, and other elective his bid for the election, passed simulta- officials. Rowland v. State, 213 Ark. 780, neously with an ordinance removing the 213 S.W.2d 370 ( 1948), cert. denied, 336 city attorney from office on the eve of the U.S. 918, 69 S. Ct. 6412 93 L. Ed. 1081 . election, was punitive in that it intended Removal. to constructively bar him from assuming The actions of a municipal council in the position to which he was duly elected by the people; accordingly, the first ordi- impeaching a, municipal judge are judicial nance and its implementing resolution in their nature, and where the accused were unconstitutional as bills of attainder. has been granted a public hearing and has Crain v. City of Mt. Home, 611 F.2d 726 been represented by council, it is proper (8th Cir. 1979). for the council to retire and consider their verdict in secret. Faucette v. Gerlach, 132 Hearing and Determination. Ark. 58, 200 S.W. 279 ( 1918). A writ of prohibition would not lie to a Cited: Clark v. Mahan, 268 Ark. 37, 594 circuit court to prohibit a circuit judge S.W2d 7 ( 1980). 14-42-110. Appointment and removal of department heads. (a)( 1 ) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordi- nance has been passed making city and town marshals appointed, unless the city or town council shall, by a two-thirds (2/3) majority of the total membership of the council, vote to override the mayor's action. (2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may, by ordinance, delegate the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission. (b) City managers in cities having a city manager form of govern- ment shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission. (c) The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government. History. Acts 1981, No. 795, §§ 1, 3; by Nos. 523 and 914 deleted "Unless oth- A.S.A. 1947, § 19-1013. 1; Acts 1995, No. erwise provided by state law" from the 534, § 1; 1995, No. 914, § 1. beginning in (a)( 1); added (a)(2); inserted Amendments. The 1995 amendment present (b), redesignating former (b) as ORDINANCE NO. AN ORDINANCE GRANTING AUTHORITY TO THE FAYETTEVILLE CIVIL SERVICE COMMISSION TO APPOINT AND REMOVE THE POLICE CHIEF AND FIRE CHIEF, AND FOR OTHER PURPOSES WHEREAS, under A.C.A. § 14-42- 110(a)(2), a City of the first class is authorized to delegate the authority to appoint and remove the heads of the Police and Fire Departments to the City's Civil Service Commission; and, WHEREAS, the City Council for the City of Fayetteville, Arkansas, finds that it is in the City's best interest to have the authority to appoint and remove the Police Chief and Fire Chief with the Fayetteville Civil Service Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . The City of Fayetteville delegates the authority to appoint the Police Chief and Fire Chief of the City of Fayetteville, Arkansas, to the Fayetteville Civil Service Commission. When appointing the Police Chief or Fire Chief, the Fayetteville Civil Service Commission shall appoint the person standing the highest on the civil service examination for the appointment to the position of Chief, at a salary as set by the Council approved city pay plan. Section 2. After the appointment is complete, the Mayor may still suspend the Chief without pay for a period not to exceed 30 days or take any other disciplinary action except for termination as allowed by the City's Personnel Policy. If the Mayor believes that the Chief should be discharged, he shall address the reasons he believes the Chief should be discharged or reduced in rank to the Fayetteville Civil Service Commission. The Chief shall have the normal rights of appeal provided by law for disciplinary action against him/her. However, no Police Chief or Fire Chief who has not previously held a position within the same department may be reduced in rank to another civil service position. PASSED and APPROVED this the _ dAy of , 2002 APP � 77 By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk r w • • ORDINANCE NO. 4364 C O PY AN ORDINANCE GRANTING AUTHORITY TO THE FAYETTEVILLE CIVIL SERVICE COMMISSION TO APPOINT AND REMOVE THE POLICE CHIEF AND FIRE CHIEF, AND FOR OTHER PURPOSES WHEREAS, under A.C.A. § 14-42-110(a)(2), a City of the first class is authorized to delegate the authority to appoint and remove the heads of the Police and Fire Departments to the City's Civil Service Commission; and, WHEREAS, the City Council for the City of Fayetteville, Arkansas, finds that it is in the City's best interest to have the authority to appoint and remove the Police Chief and Fire Chief with the Fayetteville Civil Service Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . The City of Fayetteville delegates the authority to appoint the Police Chief and Fire Chief of the City of Fayetteville, Arkansas, to the Fayetteville Civil Service Commission. When appointing the Police Chief or Fire Chief, the Fayetteville Civil Service Commission shall appoint the person standing the highest on the civil service examination for the appointment to the position of Chief, at a salary as set by the Council approved city pay plan. Section 2. After the appointment is complete, the Mayor may still suspend the Chief without nay for a period not to exceed 30 days or take any other disciplinary action except for termination as allowed by the City's Personnel Policy. If the Mayor believes that the Chief should be discharged, he shall address the reasons he believes the Chief should be discharged or reduced in rank to the Fayetteville Civil Service Commission. The Chief shall have the normal rights of appeal provided by law for disciplinary action against him/her. However, no Police Chief or Fire Chief who has not previously held a position within the same department may be reduced in rank to another civil service position. PASSED and APPROVED this the 151 ' day of January, 2002. APPROVED: By: DAN COODY, Mayor ATTEST: By: Veto for Ordinance No . 4364 Heather Woodruff, City Clerk Date of Veto : January 16 , 2002 See Attached Memo FAYETTEVIZLE • _ c® PY2 THE CITY OF FAYETTEVILLE, ARKANSAS January 16, 2002 Veto for Ordinance #4364 I hereby veto the decision of the City Council to remove the Mayor's authority for hiring and firing Fayetteville's Police and Fire Chiefs and place it with the unelected Civil Service Commission. Some of the reasons this ordinance is contrary to the public interest are explained below. 1 . I respect our Fire and Police Departments. Our police and fire personnel are the most effected by this City Council action and both have expressed strong opposition to this unnecessary change. They understand that our current system can address problems more efficiently than a committee. If a member of the department felt compelled to appeal an action or decision of their . Chief, that member would have to appeal to the very commission that would have hired that Chief creating a potential for conflict. Any appeal beyond that would have to go to Court. 2. Fire and Police Chiefs need to be directly accountable to the public they are sworn to serve and protect. Only if an elected Mayor retains authority over the Fire and Police Chiefs can this accountability be assured through the democratic process. 3 . We have changed our hiring process so both employees and personnel professionals have a seat at the table when interviewing applicants for department director positions. This has worked successfully to bring in our new Fire Chief to reorganize our Fire department through teamwork. I have decided to veto this ordinance because it is contrary to the public interest. Dan Coody, Mayor 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 • STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF MAYOR'S APPROVAL FROM: Trent Trumbo, Alderman Name Division Department ACTION REQUIRED: An Ordinance Granting Authority To The Fayetteville Civil Service Commission To Appoint And Remove The Police Chief and Fire Chief, And For Other Purposes COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinato. Administrative Services Director CONTRACTIGRANT(LEASE REVIEW: GRANTING AGENCY: A[y i g Mans er Date Internal Auditor Date a / - 3 6Z Attomey I Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date New Item: 1 eS No Department Director Date Previous Ordinance/Resolution No.: Administrative Services Director Date Mayor Date r • • 355 GOVERNMENT OF MUNICIPALITIES GENERALLY 14-42-110 CASE NOTES ANALYSIS from proceeding to try the mayor of a city Constitutionality. for nonfeasance in office without a jury; Hearing and determination. such an action of the circuit judge, if Nonfeasance. erroneous, was reversible only on appeal. Removal. McClendon v. Wood, 125 Ark. 155, 188 S.W. 6 (1916). Constitutionality. An ordinance limiting the city attor- Nonfeasance. ney's salary to $1.00 per annum when in The enforcement of the laws rests on fact the city attorney was uncontested in the mayor, police judge, and other elective his bid for the election, passed simulta. officials. Rowland v. State, 213 Ark. 780, neously with an ordinance removing the 213 S.W.2d 370 ( 1948), cert. denied, 336 city attorney from office on the eve of the U.S. 918, 69 S. Ct. 641, 93 L. Ed. 1081. election, was punitive in that it intended Removal. to constructively bar him from assuming the position to which he was duly elected The actions of a municipal council in by the people; accordingly, the first ordi- impeaching a municipal judge are judicial nance and its implementing resolution in their nature, and where the accused were unconstitutional as bills of attainder. has been granted a public hearing and has Crain v. City of Mt. Home, 611 F.2d 726 been represented by council, it is proper (8th Cir. 1979). for the council to retire and consider their verdict in secret. Faucette v. Gerlach, 132 Hearing and Determination. Ark. 58, 200 S.W. 279 ( 1918). A writ of prohibition would not lie to a Cited: Clark v. Mahan, 268 Ark. 37, 594 circuit court to prohibit a circuit judge S.W.2d 7 ( 1980). 1442410. Appointment and removal of department heads. (a)( 1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordi- nance has been passed making city and town marshals appointed, unless the city or town council shall, by a two-thirds (2/3) majority of the total membership of the council, vote to override the mayor's action. (2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may, by ordinance, delegate the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission. (b) City managers in cities having a city manager form of govern- ment shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission. (c) The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government. History. Acts 1981, No. 795, §§ 1, 3; by Nos. 523 and 914 deleted "Unless oth- A.S.A. 1947, § 19-1013. 1; Acts 1995, No. erwise provided by state law" from the 534, § 1; 1995, No. 914, § 1. beginning in (a)(1); added (a)(2); inserted Amendments. The 1995 amendment present (b), redesignating former (b) as 010 03 City of Fayetteville 2 / 12 / 2002 Update W ndex Maintenance 16 : 37 : 54 Document Ite Action Reference Date Ref . Taken Brief Description ORD 1152002 4364 CIVIL SERVICE COMMISSION Enter Keywords . . . . . . . . : ORD . 4364 AUTHORITY FAYETTEVILLE CIVIL SERVI=OMMISSION REMOVE POLICE CHIEF FIRE CHIEF VETO JANURAY 16 , 2002 File Reference # . . . . . . : MICROFILM Security Class . . . . . . . . : Retention Type : Expiration Date . . . . . . . : * * * * Active Date for Cont /Referred : Name Referred to . . . . . . : Cmdl - Return Cmd8 - Retention Cmd4 - Delete Cmd3 - End Press ' ENTER ' to Continue CmdS -Abstract Yes No ( c ) 1986 - 1992 Munimetrix Systems Corp .