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ORDINANCE AMENDING ORDINANCE NO. 2067 REMOVING THE POLICE DEPARTMENT FROM THE PROVISIONS OF THE CIVIL SERVICE SYSTEM AND THE BOARD OF CIVIL SERVICE COMMISSIONERS, PROVIDING FOR A POLICE OFFICERS BILL OF RIGHTS AND FOR OTHER PURPOSES (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-98:1491 ON JUNE 1, 1998; ORD-00:1055 ON JANUARY 17, 2000; ORD-04:344 ON FEBRUARY 2, 2004; ORD-07:72 ON JULY 3, 2007)
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WHEREAS, the Jonesboro City Council had previously by Ordinance No. 2067 created and enacted a Civil Service System covering amongst others the Police Department of the City of Jonesboro, Arkansas and,
WHEREAS, it now desires to amend said provisions to delete the Jonesboro Police Department from the provisions thereof and,
Whereas, it being the further desire of the City Council for the City of Jonesboro, Arkansas to enact and provide for a Police Officers Bill Of Rights,
NOW THEREFORE, BE IT ENACTED AS FOLLOWS:
SECTION 1: DEFINITION
As used in this ordinance:
(1) "Law enforcement officer" means any member of the Jonesboro Police Department vested by law with a duty to maintain order or to make arrests for offenses:
(2) "Complainant" means the person or persons providing the information constituting the basis for official departmental charges alleging improper conduct;
(3) "Official departmental charges" mean a written document from the chief of police, or other lawful authority, notifying the accused law enforcement officer that charges of misconduct have been made and setting forth the specifics of the alleged misconduct;
(4) "Formal proceeding" means a proceeding heard before any officer, committee, or other body of city government with the authority to take disciplinary action against a law enforcement officer.
SECTION 2:
Whenever a law enforcement officer is under investigation for alleged improper conduct with a possible result of termination, demotion, or other disciplinary action causing loss of pay or rank, the following minimum standard shall apply:
(A) No adverse inference shall be drawn and no punitive action taken from a refusal of the law enforcement officer being investigated to participate in such investigation or be interrogated other than when such law enforcement officer is on duty, or is otherwise fully compensated for such time spent in accordance with city and departmental overtime policies and state and federal law.
(B) Any interrogation of a law enforcement officer shall take place at the office of those conducting the investigation, the place where such law enforcement officer reports for duty, or such other reasonable place as the investigator may determine.
(C) The law enforcement officer being investigated shall be informed, at the commencement of his or her interrogation, of:
(1) The nature of the investigation;
(2) The identity and authority of the person or persons conducting the investigation; and (3) The identity of all persons present during the interrogation.
(D) During the interrogation of the law enforcement officer, questions will be posed by or through only one (1) interrogator at a time.
(E) Any interrogation of a law enforcement officer in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of such law enforcement officer.
(F) No threat, harassment, promise, or reward shall be made to any law enforcement officer in connection with an internal affairs investigation in order to induce the answering of any questions that the law enforcement officer has a legal right to refrain from answering. The giving of a "Garrity warning" to an officer shall not constitute a threat or harassment. In a criminal investigation, the prosecuting authority may grant immunity from prosecution to induce cooperation in the investigation.
(G) All interrogations of a law enforcement officer in connection with an investigation against him or her shall be recorded in full. The law enforcement officer shall be allowed to make his or her own independent recording of his or her interrogation and have one (1) witness of his or her choosing present. The witness must be an attorney or a member of the Jonesboro Police Department that is in no way related to the matter under investigation.
(H) No formal proceeding which has the authority to administer disciplinary action against a law enforcement officer may be held except upon official departmental charges.
(I) Official departmental charges shall contain the specific conduct that is alleged to be improper, the date and the time of the alleged misconduct, the witnesses whose information provided the basis for the charges, and the specific rules, regulation, orders, or laws alleged to have been violated.
(J) Any law enforcement officer under official departmental charges shall be entitled to a pre disciplinary hearing before the chief of police if the disciplinary action being considered is termination. At such hearing, the law enforcement officer shall have the opportunity to have a person of his or her choosing present and to present information to clear his name and/or refute the charges against him.
(K) No formal proceeding which has authority to penalize a law enforcement officer may be brought except upon charges signed by the person making those charges.
SECTION 3: DEPARTMENTAL RULES AND REGULATIONS
Officers and civilian employees of the Jonesboro Police Department shall be governed by Rules and Regulations which shall be drawn up by the Chief of Police and formally adopted by the Jonesboro City Council.
SECTION 4: DEMOTIONS AND TERMINATIONS
No employee of the Jonesboro Police Department who has completed his/her probationary period shall be demoted or terminated except for just cause.
SECTION5: REDUCTIONS AND REINSTATEMENTS
If it should become necessary to reduce the personnel of the Jonesboro Police Department, reduction shall be from the lowest rank, seniority having priority. In the event the personnel is subsequently increased, any employee who has been transferred to another department, or discharged, by reason of the reduction shall have seniority rights over any other employee, or any applicant for employment, to any position created on account of the increase in personnel.
SECTION 6: EMPLOYMENT OF NEW HIRES
Qualifications for new hires shall be determined by the Chief of Police and shall be included in the Department's Rules and Regulations Manual. The Jonesboro Police Department shall be responsible for hiring its employees. The Department shall advertise, receive applications, conduct testing, conduct background investigations, and compile its own new hire eligibility list. These qualifications shall be fairly and equally applied to all applicants. Any changes in the qualifications must be approved by action of the Jonesboro City Council upon the recommendation of the Chief of Police. No newly employed or re-employed law enforcement officer, except for the Chief of Police, shall begin his employment with the Department except at the rank of patrolman.
SECTION 7: PROMOTIONAL PROCEDURES WITHIN THE DEPARTMENT
The Jonesboro Police Department under the direction and authority of the Chief of Police shall conduct and be responsible for testing for promotions within the Department and compiling eligibility lists for promotions for each rank.
(A) ELIGIBILITY FOR PROMOTION
(1) An officer must have served at least five years as a patrolman with the Jonesboro Police Department before the date of the written test to be eligible to test for promotion to Sergeant. Officers who have joined the Department as certified officers from other agencies must have a total of five years experience as a certified officer and may test for promotion after two years with the Department.
(2) A sergeant must have served at least one year in grade before the written testing date to be eligible to test for promotion to Lieutenant.
(3) A lieutenant must have served at least one year in grade before the written testing date to be eligible to test for promotion to Captain.
(4) A Captain must have served at least one year in grade before the written testing date to be eligible to test for promotion to Assistant Chief.
(5) The Chief of Police shall have sole authority to appoint an officer to the Criminal Investigation Division. This appointment will not constitute a promotion in rank, but is only a transfer of assignment. The officer need not be on the current promotional eligibility list in order to be eligible for permanent appointment to the position of Detective, but must have passed the promotional tests for the position of sergeant at any time prior to the appointment. Temporary appointments to the Criminal Investigation Division without meeting these criteria in emergency circumstances is permitted but are not to last beyond the cessation of the emergency.
(B) TESTING COORDINATOR AND TESTING PROCEDURE SECURITY
The Assistant Chief of Police shall act as the Testing Coordinator for all promotional tests. He shall be held responsible for the security of all tests, scores, and associated procedures which by their nature should be confidential during the promotional testing process. Upon completion of the promotional process he shall take a polygraph test administered by an examiner from outside the Jonesboro Police Department. He will be required to respond only to questions pertaining to security of the testing procedures. Should he fail to pass the polygraph, a second polygraph by a different examiner shall be administered. Should the Testing Coordinator fail the second examination, the promotional test shall be declared void and a new promotional testing procedure will be held.
(C) TESTING PROCEDURES AND SCORING VALUES
(1) A written test for each rank to be tested for shall be obtained from an outside testing firm which will contractually guarantee the security of their test. The test must be applicable to the job description for each rank and adhere to standards which meet legal requirements in force at the time of testing. The written test shall count for fifty percent (50%) of the total promotional score.
(2) The Jonesboro Police Department will use a job performance Rating Board consisting of all Captains and the Assistant Chief of Police. Each promotional applicant shall be rated by each Board member and given a composite score. This score shall count for twenty percent (20%) of the total promotional score.
(3) An Assessment Board composed of three (3) high ranking supervisors from three (3) Arkansas police agencies other than the Jonesboro Police Department will interview/test each applicant for promotion and be given a composite score. This score shall count for twenty percent (20%) of the total promotional score.
(4) Each applicant will be given one (1) point for each year in grade served prior to the written testing date up to a total of ten (10) points. This score shall count for ten percent (10%) of the total promotional score.
(D) ELIGIBILITY LIST FOR PROMOTIONS
An eligibility list for each rank shall be compiled in descending order of total testing scores. The list for each rank will continue in effect for twenty (24) months or less should one of the lists be depleted though promotions. Should a need arise to promote from a depleted list, a new test shall be administered for that rank only. Each officer who tests for promotion will be given written notice of his/her scores on each portion of the test and his/her total composite score on the test.
(E) PROMOTIONS
The Chief of Police shall have sole authority to promote any one of the top five (5) candidates on each promotional list. All candidates below the one promoted shall move up one position on the list.
SECTION 8: Provisions of Ordinance No. 2067 creating the Civil Service System codified in the Jonesboro Code of Ordinances No. 2.36.01 is hereby amended as set forth herein to exclude the police department of the City of Jonesboro, Arkansas from the coverage thereunder. Further, that any provisions of said ordinance as so codified that are in conflict with the provisions as set forth herein are specifically repealed. This is to include any provisions of the policy and procedure manual adopting said Civil Service System for the Jonesboro Police Department.
SECTION 9: That if any provision of this ordinance is determined to be unlawful or unconstitutional, that said illegality or said unconstitutionality shall be taken as to provide only one provision and the rest and remainder of said ordinance shall remain in full force and effect.
SECTION10: That there is an urgency to provide for the efficient hiring and regulation of the police department within the City of Jonesboro. That therefore an emergency is declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety it shall take effect and be in full force from and after its passage and approval.
DATED this the 16th day of March, 1998.