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HomeMy WebLinkAbout18501&INANCE NO. _ 18- SM 49 2 3 A ORDINANCE MODIFYING THE JURISDICTION OF THE 4 LITTLE ROCK CIVIL SERVICE COMMISSION; AND FOR 5 OTHER PURPOSES. 2 7 WHEREAS, the Little Rock City Council created the Little Rock Civil Service Commission (the 8 "Commission ") by the enactment of Little Rock, Ark. Ordinance No. 5,475 (July 12, 1937) ( "LRO No. 9 5,475'), which applied to non - uniform employees, but excluded members of the Little Rock Police 10 Department ( "LRPD ") and Little Rock Fire Department ( "LRFD "), and 11 WHEREAS, LRO 5,475 was based upon Act 322 of 1937, which provided that it was in the best 12 interest of cities have a population of more than 75,000 to employ and discharge employees according to 13 their merits rather than political expediency, and 14 WHEREAS, the Little Rock City Council adopted LRO No. 7,948 on April 11, 1949, pursuant to 15 the authority of Act 326 of 1949, which abolished the existing civil service commission and replaced it 16 with the current five member commission which has jurisdiction over employees of the LRPD and LRFD, 17 along with the employees covered by the original commission, and 18 WHEREAS, the City of Little Rock ( "City") subsequently adopted a policy abrogating the 19 employment at -will doctrine, thereby providing that City employees, with the exception of the City 20 Manager and City Attorney, would be disciplined only with just cause, providing due process for all 21 employees and fulfilling the original intent of creating a civil service commission, and 22 WHEREAS, the current Arkansas statutes addressing civil servants, especially the hiring and 23 promotion of such employees, are more uniquely applicable to sworn employees of the LRPD and LRFD, 24 and have little or no application to non - uniform employees, and 25 WHEREAS, the Arkansas statutes addressing non - uniform civil service systems conflict in many 26 respects with those addressing uniform civil servants, thereby making them difficult to apply, and 27 WHEREAS, the Board of Directors wishes to modify the jurisdiction of the Commission. 28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 29 CITY OF LITTLE ROCK, ARKANSAS: 30 Section 1. The Board, recognizing that the non - uniform employees of the City receive 31 complete due process prior to any disciplinary action being taken, hereby finds that the jurisdiction of the 32 current five member Little Rock Civil Service Commission should be limited to the sworn employees of 33 the Little Rock Police Department and Little Rock Fire Department. Any and all other employees 34 heretofore designated as civil servants are no longer so classified, and no longer come within the 35 jurisdiction of the Commission. The responsibility of developing and maintaining hiring, promotion and 36 disciplinary procedures for non - uniform employees is delegated to the City Manager. I Section 3. Severabilion the event any portion of this ordina6is declared or adjudged to be 2 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this 3 ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or 4 unconstitutional was not originally a part of this ordinance. 5 Section 4. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with 6 any provision of this ordinance are hereby repealed to the extent of such conflict. 7 PASSED: 8 ATTEST: _ APPROVED: 9 II 1 l0 % 11 N cy Wo d, City Cler& Yin' Dailey, Mayor 12 13 APPROVED AS TO LEGAL FORM: 14 15 16 Thomas M. Carpenter, City Atto y 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (21