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Home My WebLink About01-10 RESOLUTIONRESOLUTION NO. 01-10 A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY NO. 26.1.1. DISCIPLINARY MATTERS AND PROCEDURES WHEREAS, the Fayetteville Civil Service Commission amended its rules and regulations on disciplinary matters and procedures on November 6, 2009; and WHEREAS, the corresponding Fayetteville Police Department Policy should be amended to conform with the changes adopted by the Civil Service Commission. NOW, THEREFORE 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 the amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures as shown on the attached exhibit. PASSED and APPROVED this 5t' day of January, 2010. APPROVED �1 1 /'.iAN, Mayor ATTEST: By: Awm"- SONbRA E. SMITH, City Clerk/Treasurer VYIT aQ��`7787I i 4Qrrt,,�9 a m FAYETTEVILLE. -9sm9RKA�SP��e�. I';,NGTO� i6<a�aaacaass►'`' Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/5/2010 City Council Meeting Date Agenda Items Only Police Division Police Department Action Kequired: Staff seeks council approval of a resolution to amend Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures. $0 Cost of this request Account Number Category / Project Budget Funds Used to Date Program Category / Project Name Program / Project Category Name ,-J— memammg balance Fund Name Budgeted Item C� Budget Adjustment Attached Previous Ordinance or Resolution # Date �]Original Contract Date: Z t ^C� Original Contract Number: Date Finance and Internal Services Director Date L A� — 4 Comments: (V014 Received in CityClerk's Office Date Received in qp::] �� D� Mayor's Office 7 Dafte Revised January 15, 2009 Z0 ayleevi leowlKANSAS To: From: Date: Re: Mayor Lioneld Jordan and City Council Greg Tabor, Chief of PoliceQ, - December 2, 2009 Disciplinary Policy 26. 1.1 THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P (479) 587-3555 F (479) 587-3522 Recommendation: Council approves a resolution amending Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures to reflect amendments made by the Civil Service Commission. Background: The current Fayetteville Police Department Policies were approved by council resolution #3-99 on January 51h, 1999. The department is currently in the process of reviewing all policies and updating as necessary. Discussion: On November 3, 2009, council approved an amendment to update the Fayetteville Police Department Policy 26.1.1, Disciplinary Matters and Procedures. Subsequently, on November 6, 2009, the Civil Service Commission amended its rules and regulations on disciplinary matters and procedures. The police department policy amendment will reflect the Civil Service Commission's rules and regulations. Budget Impact: None Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain ..Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY NO. 26.1.1. DISCIPLINARY MATTERS AND PROCEDURES WHEREAS, the Fayetteville Civil Service Commission amended its rules and regulations on disciplinary matters and procedures on November 6, 2009; and WHEREAS, the corresponding Fayetteville Police Department Policy should be amended to conform with the changes adopted by the Civil Service Commission. NOW, THEREFORE 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 the amendment to Fayetteville Police Department Policy No. 26.1.1. Disciplinary Matters and Procedures as shown on the attached exhibit. PASSED and APPROVED this 5th day of January, 2010. APPROVED: By: LIONELD JORDAN, Mayor In ATTEST: SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCED URES, AND R ULES Effective Date INumber 26.1.1 Subject DISCIPLINARY MATTERS & AWARD PROCEDURES Reference: (Special Instructions See 52.1.1, 1.3.1, 41.1.1, 26.1.2 Distribution Reevaluation Date No.Pages All Personnel I 1 -Year 1 -8- 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. [Galea 26.1.51 An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings: (26.1.1) Page 1 Supervisor Counseling - 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. [Galea 26.1.51 The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.81 Written Record of an Oral Reprimand - 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 written record of an oral reprimand. The supervisor shall keep a record of a written record of an oral reprimand. 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] 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 a statement of the status of the employee's benefits during the suspension or dismissal. A copy of this letter shall be placed in the employee's personnel record. [Calea 26.1.71 An employee so discharged, reduced in rank, or suspended without pay shall have the right, within ten calendar days from the date of such written notice, to request relief through the Civil Service ICommissio4- Reference should be made to the Civil Service ,` Rules and Regulations. [Calea 26.1.61 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. [Galea 26.1.8] (26.1.1) Page 2 Comment: The previous policy referred to suspensions in terms of "days" off. The Civil Service Commission amended its rules and regulations regarding suspension(s) in terms of "work hours". Officers given a suspension, depending on the total number of work hours suspended, can request either a hearing or file a grievance with the commission under the new rules. The wording of this draft covers any type of disciplinary matter that can be appealed to the Civil Service Commission.