HomeMy WebLinkAbout2015-10-20 - Agendas - Archive Final Agenda
October 20,2015
Page 1 of 557
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
e Form-M
Meeting Agenda - Final Agenda
Tuesday, October 20, 2015
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
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City Council Meeting Meeting Agenda-Final Agenda October 20,2015
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
1. 2015-0477
PUBLIC FACILITIES BOARD APPOINTMENT MAYOR
APPOINTMENT SUBJECT TO CONFIRMATION BY THE
GOVERNING BODY
Attachments: PFB agenda packet
2. 2015-0484
OZARK REGIONAL TRANSIT PRESENTATION
Agenda Additions:
A. Consent:
A. 1 2014-0513
APPROVAL OF THE SEPTEMBER 29, 2015 SPECIAL CITY COUNCIL
MEETING MINUTES.
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A. 2 2015-0467
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE
DEPARTMENT POLICIES ON DISCIPLINARY AND AWARD
PROCEDURES AND PROFESSIONAL STANDARDS AND TO
ELIMINATE FAYETTEVILLE POLICIES NO LONGER NEEDED ON
JAILER DUTY; JAIL EMERGENCY PLAN, PRISONER CARE AND
SUICIDE IDENTIFICATION
Attachments: Agenda Packet- Police Policies 10202015
B. Unfinished Business:
B. 1 2015-0466
FAYETTEVILLE FIRE PENSION AND RELIEF FUND PROPOSAL
TO CONSOLIDATE WITH LOPFI:
AN ORDINANCE TRANSFERRING ADMINISTRATION OF
RETIREMENT COVERAGE FOR ELIGIBLE MEMBERS OF THE
FAYETTEVILLE FIRE PENSION AND RELIEF FUND TO THE
ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM
(LOPFI) AND AUTHORIZING THE MAYOR TO ENTER INTO AN
IRREVOCABLE AGREEMENT WITH LOPFI AND APPROVING AN
EMERGENCY CLAUSE
Attachments: 2015-0466 Local Firemen's Pension Consolidation
City Attorney Memo Regarding Legality of Assuming Pension Debts 092915
City Attorney Memo Addional Information
Fire Pension Board Resolution 093015
MAYOR LIONELD JORDON AND FAYETTEVILLE CITY COUNCIL
B. 1 Additional Fire Pension
At the October 6,2015 City Council meeting, this ordinance was left on the first
reading.
C. New Business:
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C. 1 2015-0470
USDA FARMERS MARKET PROMOTION PROGRAM GRANT:
A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A USDA
FARMERS MARKET PROMOTION PROGRAM GRANT WITH THE
USDA AGRICULTURAL MARKETING SERVICE IN THE AMOUNT
OF $58,856.00 FOR THE CITY TO EXPAND AND PROMOTE
ECONOMIC OPPORTUNITIES FOR PRODUCERS OPERATING
THROUGH THE FAYETTEVILLE FARMERS MARKET, TO
APPROVE AN AGREEMENT WITH THE RURAL MOUNTAIN
PRODUCERS EXCHANGE AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: CC agenda packet- USDA Farmers Mkt Grant
BA BUDGET ADJUSTMENT FORM USDA Farmers' Market Promotional Gra
C. 2 2015-0476
WALTON FAMILY FOUNDATION:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND
GRATITUDE TO THE WALTON FAMILY FOUNDATION FOR ITS
GENEROUS $390,000.00 MATCHING GRANT FOR THE
CONSTRUCTION OF THE CLABBER CREEK TRAIL, TO APPROVE
THE GRANT AGREEMENT AND TO APPROVE A BUDGET
ADJUSTMENT TO RECOGNIZE THIS $390,000.00 GRANT
Attachments: 2015-0476-Walton Family Foundation Grant#2015-225)
BA-Walton Family Foundation Grant(Clabber Creek Trail 02016.1402)
C. 3 2015-0456
BID 15-42 JLA ENTERPRISES,INC.:
A RESOLUTION TO AWARD BID NO. 15-42, TO AUTHORIZE THE
CONTRACT WITH JLA ENTERPRISES, INC. IN THE AMOUNT OF
$425,521.90 FOR CONSTRUCTION OF A RESTROOM AND PARKING
LOT IMPROVEMENTS AT GORDON LONG PARK, TO APPROVE A
5% PROJECT CONTINGENCY IN THE AMOUNT OF $21,276.10, AND
TO APPROVE A BUDGET ADJUSTMENT
Attachments: 2015-0456 Gordon Long Park Trailhead Improvements
2015-0456 BA-Gordon Long Park Trailhead Construction
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C. 4 2015-0471
BENCHMARK CONSTRUCTION OF NWA CONTRACT:
A RESOLUTION TO APPROVE A CONTRACT WITH BENCHMARK
CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $3,373,506.91
FOR THE CONSTRUCTION OF THE RECYCLING AND TRASH
COLLECTION FACILITY EXPANSION; TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $150,000.00; TO APPROVE
CHANGE ORDER NO. 1 TO REFLECT VALUE ENGINEERING ITEMS
AND REDUCE THE CONTRACT AMOUNT BY $298,732.00; AND TO
APPROVE A BUDGET ADJUSTMENT
Attachments: 2015-0471 Benchmark Construction
BA 2015-0471 RTC Expansion - Pro ect 13021
C. 5 2015-0472
MCGOODWIN,WILLIAMS AND YATES,INC.AMENDMENT NO.
3:
A RESOLUTION TO APPROVE AMENDMENT NO. 3 T THE
AGREEMENT WITH MCGOODWBQ, WILLIAMS AND YATES, INC.
FOR CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE
RECYCLING AND TRASH COLLECTION DIVISION OFFICE
BUILDING EXPANSION AND SITE IMPROVEMENTS IN AN
AMOUNT NOT TO EXCEED $217,861.00
Attachments: 2015-0472 MWY Amendment 3
C. 6 2015-0473
GRUBBS,HOSKYN,BARTON&WYATT,INC.:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH GRUBBS,
HOSKYN, BARTON & WYATT, INC. FOR MATERIALS TESTING
SERVICES FOR THE RECYCLING AND TRASH COLLECTION
FACILITY EXPANSION AND IMPROVEMENTS PROJECT IN AN
AMOUNT NOT TO EXCEED $25,000.00
Attachments: 2015-0473 Agreement GHBW
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C. 7 2015-0465
VAC 15-5206(5026 TALON TRAIL/FALCON RIDGE S/D):
AN ORDINANCE TO APPROVE VAC 15-5206 SUBMITTED BY
JORGENSEN AND ASSOCIATES, INC. FOR PROPERTY LOCATED
AT 5026 E. TALON TRAIL TO VACATE A DRAINAGE EASEMENT
Attachments: 15-5206 CC EX A& B
15-5206 Full Packet
C. 8 2015-0464
ADM 15-5205 (SW CORNER VAN ASCHE& STEELE
BLVDS./CMN BUSINESS PARK,LOT 6):
AN ORDINANCE TO AMEND ORDINANCE NO. 3936 BY
AMENDING THE RESTRICTIONS WHICH HAD PROHIBITED
RESTAURANTS BY ALLOWING SUCH USE UNIT 13
RESTAURANTS WITH OUTDOOR MUSIC AS CONDITIONAL USES
UPON A 2.24 ACRE PARCEL (LOT 6) ON THE SOUTHWEST
CORNER OF VAN ASCHE AND STEELE BOULEVARDS
Attachments: 15-5205 CC EX A& B
Exhibit C
15-5205 Full Packet
C. 9 2015-0444
ANX 15-5181: (1620 S.ED EDWARDS RD./SALSBURY):
AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN
ANNEXATION PETITION ANX 15-5181 SUBMITTED BY CURTIS
HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS
ROAD CONTAINING APPROXIMATELY 0.83 ACRES
Attachments: 15-5181 CC EXHIBITS
15-5181 CC DOCUMENTS
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C. 10 2015-0474
AMEND CHAPTER 167 AND 177:
AN ORDINANCE TO REPEAL § 167.04(.l)(5) MAINTENANCE
AGREEMENT AND LANDSCAPE ESTABLISHMENT GUARANTEE, TO
ENACT § 167.10 TREE MAINTENANCE AGREEMENTS AND TO
AMEND § 177.05 (A)(2)(f) BY DELETING A PORTION OF THIS
SUBSECTION AND ENACTING § 177.10 TREE MAINTENANCE
AGREEMENTS TO IMPROVE MAINTENANCE AND
SURVIVABLITY OF MITIGATION TREES
Attachments: Exhibits A& B
2015-0474 Amendment to Chapter 167 and 177 to Provide an Additional Option
C. 10 Additional Amend Chp 167 and 177
D. City Council Agenda Session Presentations:
1. 2015-0458
AGENDA SESSION PRESENTATION: REPORT TO CITY COUNCIL
ON INVASIVE SPECIES BY PETER NIERENGARTEN
E. City Council Tour:
F. Announcements:
G. Adjournment
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NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor,Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions:A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda:Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant(city contractor, rezoning or development applicant,
etc.)may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos,petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting.Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided;this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
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Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council
meetings, a 72 hour advance notice is required. For further information or to
request an interpreter,please call 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0477
Agenda Date: 10/20/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: 1.
PUBLIC FACILITIES BOARD APPOINTMENT - MAYOR APPOINTMENT SUBJECT TO
CONFIRMATION BY THE GOVERNING BODY
City of Fayetteville,Arkansas Page 1 Printed on 1071572015
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JAMES N. MCCOR;D
,Attorney at Law
The Fulbright ,Building
217 E. DICKSON STREET
SUITE #102
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (4791) 695-1134
FACSIMLE (479) 442-1490
jimmccordlaw@gmail.com
October 5, 2015
Kit Williams VIA HAND DELIVERY
City Attorney
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
Re: Public Facilities Board Resolution Nominating Stephen Cosby
for Appointment by Mayor as Successor Member, Subject to
Confirmation by City Council
Dear Kit:
The term of Stephen Cosby on the (Fayetteville Public Facilities
Board (the "PFB") expires December 31, 2015. Ark. Code Ann.
§14-137-108(a)(3)(B)(i)(a) states that successor members shall be
nominated by a majority of the board and appointed by the mayor,
subject to confirmation by the governing body of the municipality (for
a term of 5 years). Enclosed is a Resolution passed by the PFB
nominating Stephen Cosby to Mayor Lioneld Jordan for appointment as
a successor member, subject to confirmation by the City Council. A
PFB member is eligible to succeed himself. Ark. Code Ann. §14-137-
108(a)(3)(D).
Please present the enclosed Resolution to Mayor Jordan.
Assuming the Mayor appoints Stephen Crosby as a successor member
of the PFB, please have confirmation of thie appointment placed on the
next City Council agenda as Fin item for consideration by the Council.
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Page 12 of 557
Thank you for your assistance.
Sincerely,
James N. McCord
PFB Counsel
pc: Hon. Lioneld Jordan (via hand delivery)
Sondra Smith, City Clerk (via hand delivery)
PFB Members (via e-mail)
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FAYETTEVILLE PUBLIC FACILITIES BOARD
A RESOLUTION TO NOMINATE S-11PHEN COSBY AS A SUCCESSOR MEMBER
OF THE FAYETTEVILLE PUBILIC FACILITIES BOARD
WHEREAS, the term of Stephen Cosby on the Fayetteville Public Facilities
Board will expire on December 31, 2015., and
WHEREAS, the City of Fayetteville recently advertised for applicants to serve on
the Public Facilities Board: and.
WHEREAS, no applications to serve on the Public Facilities Board vere received
by the Fayetteville City Clerk's office; and,
WHEREAS, by statute Public Facilities Board members are eliible to succeed
themselves: and.
WHEREAS, Stephen Cosby has agreed to serve as a successor member of the
Public Facilities Board.
NOW, THEREFORE, BE IT RESOLVED by the Fayetteville
Board: Public Facilities
Section 1. Stephen Cosby is hereby nominated to Mavor Lioneld Jordan for
appointment by the Mayor as a successor member of the Public Facilities Board, subject
to confirmation by the Fayetteville City Council
PASSED by majority vote with a quorum present on the 10th day of September,
2015.
APPI:ON71--
St hen E4, damst�hairi7�
ATTEST: '-
�t
Stephen Cosby, Secretttry
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Fayetteville Public Facilities Board
September 10,2015
The Fayetteville Public Facilities Board (the "PFB") met on September 10, 2015,
at 4:00 p.m. in the Conference Room of Suite 102 in The Fulbright Building where the
law office of Board Counsel James N. McCord is located. Present: Board members
Stephen Adams, Phil Taylor, Tommy Deweese and Hugh Earnest and Board Counsel
James N. McCord; absent: Stephen Cosby.
Chairman Stephen Adams called the meeting to order and stated that a quorum
was present. He then called on Board Counsel James N. McCord who advised the PFB
that the first item of business was the nomination to Mayor Lioncld Jordan for
appointment of a successor member to the PFB, subject to confirmation by the City
Council. McCord advised the Board members that(1) he has been informed by the
Fayetteville City Clerk's office that no applications to serve on the PPB were received
after the City recently advertised for applicants, and (2) Steve Cosby has agreed to serve
as a successor member of the PFB. Then, McCord presented to the PFB a Resolution to
Nominate Stephen Cosby as a Successor Member of the Public Facilities Board. Phil
Taylor moved that the Resolution be approved; the motion was seconded by Hugh
Earnest and passed unanimously. A copy of the Resolution approved by the PFB is
attached to these minutes.
Tommy Deweese moved that the meeting be adjourned; the motion was seconded
by Hugh Earnest and passed unanimously. Chairman Adams adjourned the meeting.
(Minutes prepared by Board Counsel James N. McCord and submitted
to PFB members for corrections before approval and signature of Secretary.)
Respectfully submitted,
'1
Stephen Cosby, Secretary
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Pie 15 of 557
fil l-
DEPARTMENTAL CORRESPONDENCE A.
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
City Council Patti Mulford
Paralegal
FROM: Kit Williams, City Attorney(_
DATE: October 6, 2015 r
RE: Appointment of successor members to Public Facilities Board
The current state law concerning the appointment of successor
members to the Fayetteville Public Facilities Board is as follows:
"(ii) Members are not required to be residents of the
municipality or county that has created the public facilities
board.
(B) (i) (a) Successor members shall be nominated by a majority
of the board and appointed by the mayor or the county judge,
subject to confirmation by the governing body of the
municipality or county . . . ," A.C.A. § 14-137-108 (a)(3).
Confirmation of the Mayor's appointment may be by normal motion
by the Nominating Committee Chair.
T
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Page 16 of 557
L4-137-106
LOCAL GOVERNMENT 40
187 (1997).
14-137-106. Creation — Purposes.
CASE NOTES
Illustrative C.uses. 1'11cilitius hoard Lo issue bands Lo linanco
City of Searcy,Arkansas,did not violaLc pro}ectS Chat had o public purpose,cduca
the First Amendment, Lo Ute 1J.S, Coasci. Lion was a public purpuSu,and neither Lh<�
Lotion, Ark. CunsL„ Anxmtl- (j5, or Ark. ci1,y nor clic hoard acted wiih clip purpose
CnnSL., Arc. 12. § 5 when itcroatetl n nl'ndvuncing ur inhibiting religion. (:illrtm
housing facili Lies huard under Lhu Arltun- v. Flurding Iluia., Nu. 4'A 53tio (I(W-D
sas Public Facilities ISncu•d Act (VhI)A), l3SM, 2009 U.S. 1)isl. I,I?XIS 53E;09 flti.l).
14.137-101 ul, scq.,and issued band. So Ark. June 24, 2009).
a univcrsiLy Lhat was nssociat.ed with the Cited: Sanders v. Bradley County f1u-
ChtuVches of Christ, cmild fund building Iran Servs. Pub. Facilities Rd., 330 Ark.
p,giects. The PF13A rrllowa(1 Lhc huusin); (, , 956 S.W.2d 187 (1997).
14-137-107. Creating ordinance —Authority.
CASE NOTES
Cited: Sanders v. lira(Iley County Hu-
man Servs. Pub. Facilities l3d., 330 Ark.
675, 956 S.W.2d 187 (1997).
14-137-108. Board members.
(a)(1) Each public facilities board shall consist of five (5) members
unless there is an expansion of the board to provide services outside the
boundaries of the governmental unit from which it obtains power.
(2) The provisions of this subsection are applicable only to:
(A) Boards in counties having a population of less than one
hundred fifty thousand (150,000) according to the most recent federal
decennial census; and
(B) All boards established by municipalitios having a pOPulatiou of
less than one hundred thousand (100,000) according to the most
recent federal decennial census, regardless al' where loc4ited.
(3)(A)(i) The initial members shall be appointed by the mayor ol'the
creating municipality or the county .judge of the creating county for
terms, respectively, of:
(a) One (1) ,year;
(b) Two (2) years;
(c) Three (3) years;
(d) Four (4) years; and
(e_ Five (5) years.
(ii) Members are not required to be residents of the municipality or
county that has created the public facilities board.
(B)(i)(a) Successor members shall be nominated by a majority of
t to
the board and appointed by the mayor or the county judge,
confirmation by the governing body of the municipality or county for
PR
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0467
Agenda Date: 10/20/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A.2
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES ON
DISCIPLINARY AND AWARD PROCEDURES AND PROFESSIONAL STANDARDS AND TO
ELIMINATE FAYETTEVILLE POLICIES NO LONGER NEEDED ON JAILER DUTY; JAIL
EMERGENCY PLAN, PRISONER CARE AND SUICIDE IDENTIFICATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That The City Council Of The City Of Fayetteville, Arkansas Hereby approves Fayetteville
Police Department Policies 26.1.1, Disciplinary Matters and Award Procedures; and 52.1.1, Office of
Professional Standards; and eliminates Fayetteville Police Policies 72.1.1, Jailer Duty; 72.3.1, Jail
Emergency Plan; 72.5.5, Suicide Identification Guidelines; and 72.6.1, Medical and Dental Care for
Prisoners.
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City of Fayetteville Staff Review Form
2015-0467
Legistar File ID
10/20/2015
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Greg Tabor 10/2/2015 Police/
Police Department
Submitted By Submitted Date Division/Department
Action Recommendation:
Council approves a resolution adopting Fayetteville Police Policies 26.1.1, Disciplinary Matters&Award Procedures;
and 52.1.1, Office of Professional Standards; and eliminating Fayetteville Police Policies 72.1.1,Jailer Duty; 72.3.1,
Jail Emergency Plan; 72.5.5, Suicide Identification Guidlines;and 72.6.1, Medical and Dental Care for Prisioners
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance $
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution#
Original Contract Number: Approval Date:
Comments:
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Page 19 of 557
CITY OF
ryuvoie CITY COUNCIL AGENDA MEMO
AS
MEETING OF OCTOBER 20, 2015
TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
DATE: October 1, 2015 """���
SUBJECT: Police Department Policy
RECOMMENDATION:
Council approves a resolution adopting Fayetteville Police Policies 26.1.1, Disciplinary Matters
& Award Procedures; and 52.1.1, Office of Professional Standards; and eliminating Fayetteville
Police Policies 72.1.1, Jailer Duty; 72.3.1, Jail Emergency Plan; 72.5.5, Suicide Identification
Guidelines; and 72.6.1, Medical and Dental Care for Prisoners.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing policies and updating
as necessary to conform to current practices, to comply with CALEA accreditation standards,
and to make our policies less ambiguous for our employees. Policy 26.1.1, Disciplinary Matters
& Award Procedures, is an existing policy that was approved by the council on November 3,
2009. Policy 52.1.1, Office of Professional Standards, is an existing policy that was approved
by the council on April 5, 2011. Policy 72.1.1, Jailer Duty, is an existing policy that was
approved by the council on January 6, 1999. Policy 72.3.1, Jail Emergency Plan, is an existing
policy that was approved by the council on January 6, 1999. Policy 72.5.5, Suicide Identification
Guidelines, is-an existing policy that was approved by the council on January 6, 1999. Policy
72.6.1, Medical and Dental Care for Prisoners, is an existing policy that was approved by the
council on January 6, 1999.
DISCUSSION:
Policies 26.1.1, Disciplinary Matters & Award Procedures, and 52.1.1, Office of Professional
Standards, are existing policies that contain changes to comply with suggestions from the
CALEA mock assessment. Other changes were made to provide clarity to employees in our
award procedures, internal investigations and discipline. Policies 72.1.1, Jailer Duty; 72.3.1, Jail
Emergency; 72.5.5, Suicide Identification Guidelines; and 72.6.1, Medical and Dental Care for
Prisoners, are old jail policies that no longer apply to the operations of the Fayetteville Police
Department. All changes are highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff.
Attachments:
Fayetteville Police Policy 26.1.1, Disciplinary Matters &Award Procedures
Fayetteville Police Policy 52.1.1, Office of Professional Standards
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
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Fayetteville Police Policy 72.1.1, Jailer Duty
Fayetteville Police Policy 72.3.1, Jail Emergency Plan
Fayetteville Police Policy 72.5.5, Suicide Identification Guidelines
Fayetteville Police Policy 72.6.1, Medical and Dental Care for Prisoners
2
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FAYETTEVILLE POLICE DEPARTMENT Page 21 of 557
FAYETTEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date:
Subject: 26.1.1 Disciplin!py Matters & Award Procedures November 3, 2009
Reference: 52.1.1, 1.3.1, 41.1.1, 26.1.2 Version: 1
GALEA: 26 No. Pages: 9
I. PURPOSE
Effective discipline is a positive process when its perceived purpose is to train or develop by
instruction. Among the programs having an impact on discipline in a law enforcement agency
are selection, training, direction, supervision, and accountability. These elements are inter-
dependent, and a weakness in any one is damaging to effective discipline. Many standards
bearing on a disciplinary system are included in other chapters relating to selection, training, and
direction. Therefore, the purpose of this directive is to focus on the accountability component of
a disciplinary system.
II. DISCUSSION
It shall be the policy of the Fayetteville Police Department to follow and abide by the
disciplinary policies and procedures in effect and addressed in the rules and regulations of the
Civil Service Commission of the City of Fayetteville. An employee whose work becomes
unsatisfactory should immediately be notified by his/her supervisor in what way the work is
deficient and what must be done if work performance is to be judged satisfactory [Calea 26.1.5].
An employee who is suspended or dismissed for unsatisfactory performance of duties should
normally have received three warnings:
Supervisor Counselins? - an oral warning from the employee's supervisor. The
supervisor must record the dates of the discussions with the employee, the performance
deficiencies discussed and the corrective actions required. [Calea 26.1.5] The supervisor
should maintain this record for the duration of the employee's performance evaluation
period [Calea 26.1.8].
«4itten Do,. _a r eq !1- 1 ne 1 Written Record of an Oral Warning- an oral
warning with a follow-up letter to the employee that sets forth the points covered in their
discussion. The Chief of Police shall have authorized a reeerd of an Oral
rid written record of an oral warning. The supervisor shall keep a record of a
written record of an oral warning. The supervisor
should maintain this record for the duration of the employee's performance evaluation
period [Calea 26.1.8].
Written Reprimand - a written warning from the Department Chief serving notice upon
the employee that noted deficiencies must be corrected immediately in order to avoid
disciplinary action up to and including dismissal. A written reprimand shall be placed in
the employee's personnel file [Calea 26.1.8].
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October 20,2015
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An employee who is suspended without pay or dismissed for unsatisfactory performance of
duties or violations of policy shall receive a letter from the Department Chief outlining the noted
performance deficiencies or policy violations, effective date of suspension or dismissal and-e
. A copy of
this letter shall be placed in the employee's personnel record. [GALEA
A sworn employee so discharged, reduced in rank, or suspended for twenty-four hours&ree days
or more shall have the right, within ten calendar days from the date of such written notice, to
request a trial through the Civil Service Commission. Reference should be made to the Civil
Service Rules and Regulations [Calea 26.1.6].
Any sworn employee can request a grievance hearing to review a suspension of less than twenty-
four hours by submitting a written explanation to the Civil Service Commission within ten days
of receiving such disciplinary action stating why such discipline was unwarranted or otherwise
improper. Reference should be made to the Civil Service Rules and Regulations.
The Administrative Captain should maintain the departmental employee administrative file. It
should contain any letters of commendation or appreciation, administrative letters and replies,
results of any sustained punitive disciplinary action, as well as other pertinent information.
Information in this file will be maintained indefinitely. All official personnel files are
maintained by the City of Fayetteville's Human Resources Division [Calea 26.1.8].
It is suggested immediate supervisors maintain an employee performance/counseling file for
each person under their supervision. This file might contain oral reprimands warnings during the
current evaluation period, letters of job related counseling sessions, copies of correspondence
between the employee and supervisor, complementary correspondence, and other similar
information regarding the performance of the employee. It is suggested this material be kept in a
secured location by the immediate supervisor. This information should be purged after one year
and after being noted on the employee's performance evaluation [Calea 26.1.81.
Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted
under Civil Service Commission Rules and the Arkansas Code.
A. Compliance With Department Directives
Supervisors are expected to set a proper example to their subordinates in the matter of due
respect and regard for the policies, procedures, and rules in all matters pertaining to proper
discipline.
1. The primary function of a supervisor is to maintain the day-to-day activities of police
operations. Compliance with department directives is an integral part of those operations.
Supervisors are authorized to take action when department directives are not being followed
[Calea 26.1.5].
(a) A supervisor may elect to coach eeunsel an employee whose performance has been
found to be deficient.
(b) A supervisor may refer an ef€ieer employee to the Training Division or designated
supervisor to correct deficient performance.
(c) A supervisor may document deficient performance and refer it to the Chief of Police
in the form of an official complaint.
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October 20,2015
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(d) In cases of a major infraction of policy or department directive, a supervisor may
relieve an employee of duties, with pay, and refer the matter to the Chief of Police.
2. In case of alleged unjust treatment in violation of these policies, procedures, and rules, any
a€€teemployee may make a complaint ~rhos against a superior to the proper
authorities. When any memb employee suspects a violation of these policies, procedures, and
rules has occurred, they are to notify the Chief of Police for investigation, and may request
results of the findings. Reporting a suspected violation confidentially is not a violation of the
policies, procedures, and rules.
3. The following acts, infractions, or violations of the policies, procedures, and rules shall be
deemed sufficient cause for separation from the department:
(a) Willful disobedience of lawful orders.
(b) Disrespect or insolence toward a superior officer or supervisor.
(c) Being under the influence at any level of intoxicants, or illegal drugs, including abuse
of prescription drugs while on duty.
(d) Absence without leave-Absence without leave is defined as any time a department
member is scheduled for work and fails to report for duty without first notifying a
supervisor prior to the start of the scheduled shift.
(e) Incompetence.
(f) Driving any machine or apparatus of the department carelessly or maliciously, in such
a manner as to collide with, cause personal injury, damage a vehicle or other
property, or any other wanton or malicious conduct, which causes injury or damage to
a citizen or property.
(g) Neglect or refusal to pay just debts.
(h) Agitating or creating dissension in the department or attempting in any manner to
cause ill feeling against any member of the department.
(i) Making any false or unwarranted report, either publicly or otherwise, about a member
of this department.
0) Dishonesty at any time when representing this department.
(k) Lack of Candor when questioned by a department supervisor or during any Office of
Professional Standards investigation. uadeF direet questioning, either by an
4. It shall be the policy of the Fayetteville Police Department that all personnel maintain
sufficient competency to properly perform their duties and assume the responsibility of their
positions. Personnel shall perform their duties in a manner, which will maintain the highest
standards of efficiency in carrying out the functions and objectives of the department.
Unsatisfactory performance may be demonstrated by:
(a) A lack of knowledge of the application of laws and ordinances required to be
enforced.
(b) An unwillingness or inability to perform assigned tasks.
(c) The failure to take appropriate action on the occasion of a crime, disorder, or other
condition deserving police attention.
(d) Absence without leave.
(e) Written record of repeated infractions of policies, procedures, rules, directives, or
general orders of the department.
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October 20,2015
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B. Unbecoming Conduct
Employees shall be held responsible at all times for conduct unbecoming an officer and/or a
police department employee, which tends to lower the law enforcement service in the estimation
of the public. Employees should be governed by ordinary rules of good behavior observed by
law abiding and self-respecting citizens.
1. Any idle, indiscreet, disrespectful or discriminatory remark(s) or rudeness to citizens or any
greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of the
opposite sex while on duty shall subject a member to disciplinary action (See Harassment and
Discrimination Policy 26.1.2).
2. Officers; Employees are cautioned that the use of obscene, immoral, profane or disrespectful
language, agitating and tending to create dissension in the department or attempts to cause undue
or unfavorable reflection(s) upon any member of the department, will not be tolerated. 9f€leer9
Employees shall not engage in altercations between themselves under any circumstances.
3. All A fieers employees when reporting for duty shall be completely attired in the regulation
uniform or dress attire as prescribed by the Chief of Police (Refer to 41.3.5 4111 for Grooming
Requirements). Failure to do so may subject the member to disciplinary action reprifaad-er
C. Use of Alcohol & Drugs
1. No employee shall possess or consume alcoholic beverages while on duty or at the police
department. Possession is authorized when directly related to a case or as an evidence
item. NO ,.ffieer of A.e de«.,.+FRe«t Shall ha-VO ,.r a OW aRyoHe else tO have at "' tiMe
)
wine, beer, liquor or any eOw intexiea4ing drinks in or afeund the pokee station, &Eeept
as direedy related to a ease or as evidenee item(s). Offieers shall not at any time while on
duty be under the i«fl«e«ee of F—my wine, beer, liquor, or other i«taxies«ts of an), kind or
,.«der s]eL«e..., ee....ed Or «r,.d..eed b). t a use of....el. t«te*ies«ts Any offieer absenting
its influeneean), «F.t ,. ..dine.. due to i«teideantsor- dFugs will be subjeet to
reprimand, suspension or diseharge-.
2. Employees are prohibited from reporting to work with a blood alcohol content (BAC)
level higher than .000.
3. Employees are prohibited from using or possessing illegal drugs. Possession is
authorized when directly related to a case or as an evidence item.
4. No employee shall be absent or sick from scheduled duty due to the use of alcoholic
beverages, illegal drugs, or abuse of prescription drugs.
5. Failure to submit to a supervisor ordered blood or alcohol test shall result in a
disciplinary action up to and including termination.
2. When deemed operationally necessary, officers in undercover assignments may consume
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October 20,2015
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alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo
to their supervisor documenting the consumption of alcohol or simulation of the use of drugs.
D. Abuse of Authority
1. No officer(except when assigned desk duties inside the police facility) shall receive or collect
any fine or fines for parking tickets, other traffic violations, or any other offenses whatsoever.
Members shall courteously advise citizens that all fines are payable at the Fayetteville Police
Department or on-line.
2. No effieer employee shall directly or indirectly, except by permission of the Chief of Police,
sell tickets, solicit any money, circulate any petitions, subscriptions, or allow the use of the
department's name for any fair, exhibition, benefit, or similar project. In deciding whether to
grant such permission, the Chief of Police shall not discriminate against any officer of the
department. Such permission may be granted if the activity will not adversely affect the
administration or management of the department, or decrease the trust or confidence of the
public.
3. No efieeemployee shall take, solicit, retain, receive, or extort any fee, property, reward, gift,
compensation, or thing of value or free service in any form from any person, firm, or corporation
for any services rendered in the conduct or performance of the duties as a police officer.
4. It shall be the policy of the Fayetteville Police Department that its effieeis employee shall not
recommend or suggest in any manner, except in the transaction of personal business, the
employment or procurement of a particular product, professional service, or commercial service
(such as an attorney, towing firm, bail bondsman, mortician, etc.).
F. Use of Force
1. Refer to Chapter 1.3.1.
G. Proper Care& Maintenance of Equipment
1. res Employees pesitivel shall not loan any department equipment or tools, except on
permission of the Chief of Police or other supervisor.
2. The reporting procedures for damaged, lost or stolen department issued equipment.
a. Each employee is responsible for maintaining and keeping track of his or her
department issued equipment.
b. Damaged, lost or stolen equipment shall be reported to the employee's immediate
supervisor in a memorandum. The document shall be forwarded through the
employee's chain of command to the Chief of Police.
c. The Administrative Lieutenant will track damaged, lost, or stolen department issued
equipment.
d. A case report may be required if the lost or stolen item is law enforcement sensitive
or could create a security risk.
Offieef-s afe required to eafe fef equipment in their possession. Any depal4fnei#al equipfue
damaged due te eit—her eagrelessneqs or. an intet#ienal act on the paA of the empleyee may result in
dish
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H. Employee Awards/Commendations [Calea 26.1.21
1. It shall be the policy of this department to recognize heroic actions, meritorious service and
significant achievements under the provisions of this policy. Facilitation of awards will be
made through an Awards Committee. The Awards Committee will be comprised of
departmental Captains, as permanent members, and departmental employees as appointed by
the Chief of Police. Nle ff.>_,._,. afthe Awards n,..,,mittee will serve „ peried of two ye
Nominations to the Awards Committee will be received by way of the departmental award
application form. The Awards Committee will review all applications and make
recommendations to the Chief of Police who has final authority on awards. Awards will be
presented at a time designated by the Chief of Police.
2. Classification of Awards
A. Chief s Award of Valor: Nominated by the Chief of Police, awarded for an act of
extraordinary bravery or heroism by an employee who has demonstrated in great
degree the characteristics of selflessness,personal courage and devotion to duty.
B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for
exceptional performance, which, in the opinion of the supervisor, is deserving of
recognition.
C. Life Saving Award: Nominated by any employee of the department, awarded for
a successful effort in saving a human life which involved exceptional courage or
performance.
D. Unit Meritorious Performance Award: Nominated by any employee, awarded to
any individual or unit(sworn or civilian) who has exhibited exceptional
professional skill and conduct during a coordinated action.
E. Fayetteville Police Department Commendation: Nominated by any employee,
awarded to any employee for an outstanding act or achievement,which brings
great credit to the department and involves performance above and beyond that
required by the individual's basic assignment.
F. Community Service Award: Nominated by any employee, awarded to any
employee for involvement both on and off duty in youth activities, work with
non-profit organizations, working with the police department on special projects
or other activities for the public good.
G. Outstanding Citizen Award: Nominated by any employee, awarded to a
citizen/member of the community who helps the department in apprehension of
criminals or any other significant manner.
H. Police Blue Star Award: Nominated by the Awards Committee, awarded to any
sworn employee who has been seriously, critically or fatally injured while in the
performance of police duty. This award should be limited to those incidents
resulting from attack by an assailant,personal combat or the performance of an
act of valor.
I. Police Blue Shield Award: Nominated by the Awards Committee, awarded to
any swom employee who, as a result of accidental cause, has been seriously,
critically or fatally injured while in the performance of police duty. This award
should be limited to those cases resulting from an accident.
J. Letters of Commendation: A letter of commendation may be written by the Chief
of Police to any employee for job performance that might not meet the criteria for
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October 20,2015
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the above listed awards, but merits recognition nonetheless. Any person may
recommend an employee of this department receive a letter of commendation by
submitting a memorandum to the Chief of Police. A letter of commendation may
be given:
1) To commend an employee for completing a job task in an
exemplary manner.
2) To commend an employee for submitting a recommendation which
directly contributes to increased department productivity or
efficiency.
3) For any other reason deemed appropriate by the Chief of Police.
K. Certificate of Reco ign tion: Nominated by departmental supervisors, this award is
presented to one officer on each Patrol Shift,recognizing the highest level of
over-all performance on his/her given shift. These officers have excelled above
the normal course of daily duties.
L. Drsp'atcher Distin�sished Service Auratd: Nominated by depafErcental
supervisors, this award is presented to any dispatcher for exceptional
performance, which, in the opinion of the supervisor, is deserving of recognition.
M. Special Commendation: Nominated by any employee, an award presented to any
sworn or civilian member who through his or her efforts has made a significant
impact on public safety or crime prevention.
N. Nominated by any employee, this
officer must have shown him or herself to have exceeded the duty requirements of
his/her position, exemplified the values of professionalism and dedication,
demonstrated a distinct pattern of community service, and proven his/her personal
dedication to serve and protect the community. This award is presented to any
Police Officer who has performed outstanding service as a police officer, over and
above what is required as part of that officer's normal duties and functions.
1) Criteria for this award
a. To what extent has the officer positively influenced the
public's perception or confidence in the Police
Department?
b. To What extent has the officer been involved in acts of
compassion,humanity or support for individuals?
c. To what extent has the officer demonstrated exceptional
devotion to a particular police activity or duty.
d. To what extent has the officer demonstrated excellence in a
particular policing role or task?
O. Police Officerofthe YearMl2ecialized Division)- Nominated by any employee,
this officer must have shown him or herself to have exceeded the duty
requirements of his/her position, exemplified the values of professionalism and
dedication, demonstrated a distinct pattern of community service, and proven
his/her personal dedication to serve and protect the community. This award is
presented to any Police Officer who has performed outstanding service as a police
officer, over and above what is required as part of that officer's normal duties and
functions.
1) Criteria for this award
a. To what extent has the officer positively influenced the
public's perception or confidence in the Police
Department?
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October 20,2015
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b. To what extent has the officer been involved in acts of
compassion, humanity or support for individuals?
c. To what extent has the officer demonstrated exceptional
devotion to a particular police activity or duty.
d. To what extent has the officer demonstrated excellence in a
particular policing role or task?
P. Civilian Employee of the Year: Nominated by any employee,this award is
presented to any civilian employee for recognizing performance for extra duties
beyond those normally assigned.
1) Criteria for this award
a. Performing other roles when the department is short-
staffed; developing new work methods that reduce waste or
stretch resources;
b. Making creative suggestions that save the department
time/money;provides services to others that are beyond the
assigned responsibilities;
c. Documented consistently, outstanding job performance and
completing duties in an outstanding manner, setting an
example of achievement for others to follow;
d. Demonstrated leadership in performing duties that resulted
in improved productivity of the unit, including customer
focus,promoting teamwork, and commitment to achieving
excellence;
e. Demonstrates significant contributions to the community or
charitable volunteer organizations; exemplifies the
Fayetteville Police Department values of, "Honor, Respect,
Professionalism, and Integrity".
Q. Dispatcher of the Year: Nominated by any employee, this dispatcher has shown
to have exceeded requirements of the position, exemplified the values of
professionalism and dedication, and demonstrated excellent customer service to
the community. This award is presented to any Dispatcher who has performed
outstanding service, over and above what is required as part of the dispatchers'
normal duties and functions.
1) Criteria for this award
a. To what extent has the dispatcher positively influenced the
public's perception or confidence in the Police Department.
b. This dispatcher has demonstrated the knowledge to get the
job done, and the drive to produce the best work possible.
This recipient is recognized for consistently going the extra
mile in serving the public, officers and other co-workers.
c. This dispatcher demonstrates resourcefulness and
enthusiasm in accomplishing the work necessary to
perform this job. The recipient has shown excellence in
their quality of service, and work ethic.
d. This dispatcher shows a remarkable ability to deal with
challenging situations and critical incidents.
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c. This dispatcher has demonstrated leadership in
performance of duties and promotes teamwork and
commitment to excellence.
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FAYETTEVILLE POLICE DEPARTMENT Page 30 of 557
FAYETTEVILLE,ARKANSAS
POLICIES, PROCED URES, AND R ULES
Effective Date:
Subject: 52.1.1 Office of Professional Standards OPS Aril 5, 2011
Reference: Version: 1
CALEA: Chapter 52 No. Pages: 7
I. PURPOSE
The purpose of this policy is to create and maintain an environment conducive to efficient
reception and resolution of complaints against police department personnel or general procedures
used by the department and to establish written procedures for the administration and operation
of internal investigations.
Such procedures will promote positive discipline and provide for the prompt and thorough
investigation of alleged or suspected misconduct of department personnel.
II. DISCUSSION
A police department is often evaluated and judged by the conduct of individual members. While
the public has a right to expect efficient, fair, and impartial law enforcement, employees must be
protected against false allegations of misconduct.
The Office of Professional Standards will be charged with the responsibility of following
department operational procedures in processing, investigating, and recording complaints against
the department or its employees [CALEA 52.1.1].
III. ORGANIZATION
The Office of Professional Standards will serve to assist all personnel in regard to investigations
of alleged misconduct of sworn or civilian employees.
The Chief will select all personnel of the Office of Professional Standards and designate a head
of OPS. The designated head of OPS has the authority to report directly to the Chief. The
designated head of OPS will maintain a record of all complaints against the department or
employees in a secure area. OPS assigned personnel will be provided training at the discretion of
the head of OPS and Chief of Police. [CALEA 52.1.3]
OPS assigned personnel will report directly to the Chief of Police or a designated supervisor on
OPS matters and will pursue their responsibilities under the direction of the Chief of Police.
If investigations discover personnel who are engaging in serious acts of misconduct, or who have
demonstrated they are unfit for lgw esfarexex8 duty, information pertaining to the investigation
will be reported directly to the Chief of Police by the head of the OPS.
52.1.1 Office of Professional Standards page 1 of 7