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ORDINANCE AMENDING ORDINANCE NO. 07:072, PROVIDING FOR A POLICE OFFICERS BILL OF RIGHTS AND FOR OTHER PURPOSES
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WHEREAS, the Jonesboro City Council had previously by ordinance No. 07:072 created and enacted a Police Officers Bill of Rights covering the Police Department of the City of Jonesboro, Arkansas; and
WHEREAS, the Jonesboro City Council also adopted the 2021 Policy Manual for the Jonesboro Police Department via RES-21:284; and
WHEREAS, the Policy Manual ( Section 315.04) outlines the current Promotional Process followed by the Jonesboro Police Department related to testing for promotions within the Department and compiling eligibility lists for promotions for each rank; and
WHEREAS, the Policy Handbook is the appropriate document to outline the promotional process; and
WHEREAS, it is the intention of the City Council that any changes to promotional and/or hiring procedures of the Jonesboro Police Department shall be presented and approved by Council prior to their implementation; and
WHEREAS, it being the desire of the City Council for the City of Jonesboro, Arkansas to Amend the Police Officers Bill Of Rights by removal of the following section dealing with promotional procedures (that is now outlined in the Policy Manual);
SECTION VII. 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 in each rank. The Human Resources Department shall be responsible for providing the written examination for the Police Promotional exam.
(A) ELIGIBILITY FOR PROMOTION
(1) An officer must have served at least five years as a patrol officer 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 this 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 Human Resources Department and the Assistant Chief of Police shall act in conjunction with each other as the Testing Coordinators for the written promotional examination. The Human Resources Department shall be responsible for security of the written test up until the time that the test is administered. The Assistant Chief of Police additionally will act as the Testing Coordinator for all other portions of the testing process. All portions of the test, scores and associated procedures shall be kept confidential during the testing process to insure the integrity of the test. The Assistant Chief of Police shall be responsible for making testing announcements and disseminating pertinent information to the police department about the promotional testing procedure.
(C) TESTING PROCEDURES AND SCORING VALUES
(1) The Human Resources Department shall obtain a written test from an outside 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 the 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. The Human Resources Department shall insure that no person, other than the Human Resources representative(s) listed on the Test Security Agreement, shall have access to the written test prior to delivery of the test to the testing site. The Assistant Chief of Police shall be listed on the Test Security Agreement for the purpose of obtaining pertinent testing information such as study lists, and for the purpose of proctoring the written exam on the day of the test. The Human Resources Representative or Assistant Chief of Police shall insure that the test remains secure and sealed during delivery of the test to the testing site, and during the return of the test to the Human Resources Department. The elected police department representative or his/her designee, shall verify that test security was maintained during this phase of the testing process.
(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 the Assistant Chief of Police, one Captain, one Lieutenant and one Sergeant 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. No person on the interview board shall conduct an interview of any other applicant that may be in competition for the same rank position. (Example: A Sergeant that has passed the written test cannot sit on the assessment board of another Sergeant that is competing for the same rank position.) In the event of any conflict regarding the makeup of the assessment board the Chief of Police reserves the right to make personnel adjustments to the assessment board to resolve the conflict.
(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.
(5) For promotions to the Rank of Captain and above the Chief of Police may conduct additional testing as needed to help determine the best applicant for staff level positions.
(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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL for the City of Jonesboro, Arkansas, that:
SECTION 1: The Officer’s Bill of Rights adopted in 07:72 and all previous versions are hereby amended to remove Section VII in its entirety.
SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 3: That any and all changes to the promotional and/or hiring procedures of the Jonesboro Police Department shall be presented to and approved by the Jonesboro City Council prior to their implementation.
SECTION 4: 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.
PASSED AND APPROVED THIS 15TH DAY OF MARCH 2022.