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HomeMy WebLinkAbout5017ORDINANCE PTO. -r)( AN ORDINANCE ELECTING THREE 7.TE1,MRS OF THE BOARD OF CI?TIL SERVICE COTIZII33IONER3 OF LITTLE ROCK AND DESIGNATING THE PERIOD FOR ::_RICH THEY SHALL :3 a VE __'13 SUCH COI:2,IISSIONER, ALL IN iCCORDANCE VI TH ACT NO. •Z OF THE :!CTS OF THE GENERAL :`33E :RLY OF THE STATE OF ARKANSAS FOR THE YE.yR 1933. IHEREAS the 1933 General Assembly of the State of rkansas has by _ct No. created a Board of Civil Service Com- missioners in cities of the first Class having organized *Police and lire Departments, and MEREAS under said act it is the duty of the City I ouncil to elect three members of such Board of Commissioners or the term of t,.vo, four, and sip: years respectively, THE' = FO';E RE I T ORAI T'D BY THI' CITY COUITCI L O THE CITY OF LITTLE ROCK: section 1. That John P. Baird is hereby elected for the term ending .pri l 1,1934; lilliam R. James is hereby elected for the term endin April 1,1936 and Dr. George F. Jackson is hereby electe for the term ending; :pril 1,1938, to serve as members of the Board of Civil service Commissioners of Little ryock. Section 2. Tie immediate necessity of complying with the provisions of the _3tate Law in regard to the organization of the 7olice and Fire Departments in cities of the first class has created an ernergency re wiring that this ordinance shall become operative imr. .iediately u-)on its passage and a-.p-roval. Passed: rCR 1 2 1QQ� ttcst; proved: 1:1 O r MALIT-A AN ACT To C"'LATiL k"A' 130 JW OF CIVIL SERVICE COMMIS2IONERS OF CITIES or THE FIRST CLASS HAVINTO A POLICE DZPARTMENT &ND ALI, CITIES HAVING I IZZD FIRS DEPARWL14TS IN THE STATE OF ARKANSAS: TO HAVE L# NAKAO*,.-,MENT AND "RISDICTION OF THE OFFICERS AND EXPLOYEZE ,D FIRS AND POLICE DIPARTUMTS IN THEIR RESPECTIVE CITIES: To UP Cv WISSION, AND FOR Or .7, TIM STATE OF ARKANSAS, ting after the passale and apift proval of this Act$ the City Cuuncil or governing body in cities having organized Fire Departments, and cities of the first class having a Poli Department in the State of Arkansas, shall by ordinance nano three upright and intelligent citizens of their respective cities as a Board of Civil Service Commissioners for the Police and Fire Departments of their respective c1tios, who shall hold office, one until the first 41onday in April and the second year of his appoint- ment, one until the first !4onday In jl,,)ril of the fourth year after hi intment, and one until the first Monday in April of the sixth 91 his, appuint.;'.-.ent. 'When a vacancy shall occur on said Board by death, resignation oir expiration of tho term of office, or in any other manner, such vaesocy shall be filled by the other members thereof; and upon the failure by such Board to do so after thirty days (30) written notice, the City Council, or other governing body may fill such vacancy. Vacancies oc- curring during the term, of office of any Commissioner shall be filled for the remainder of such term upon the expiration of the term of the Commissioner, his successor shall. be elected by the remaining, members of the Commission for a period of six years. 'rho Chairman of the Co , or De a c or any office of public trust under any national, state, county, icipal government, or school district, or be connected In any any official capacity with any political party or organization, and no such person as herein enumerated shall be Oligjble for a place on said Board of Civil zGervice ACommission who at ithe tirAe of his election shall hold any such office, Two of said members shall constitute a quorum to transact business. "o Commissioners must be citizens of Arkansas, and residents of the city for more than three years next preceding their appointment. Said Commissioners shall serve without ply. The City Council or the governing; body by two - thirds vote may remove any of said Civil �eervice Commissioners during their term of office for cause, but the vacancy thereby created shall be filled by the remaining members of the Civil Service Commission. The hoard of Civil Service Commissioners stall elect one of their members as secretary who shall keep the books and records of said Board, and shall conduct the correspondence of said Board, shall report the evidence at all trials and shah, act as Clerk when the 13oard shall constituter a trial court, and any other duties that may be ordered by the Board. 'rho City :attorney shall act as attorney for the Civil Service Coi#- mission in all trials and other legal transactions provided that this Act shall not apply to the Chief of Police in all cities which now have, or may hereafter have, a Commission form of government, and provided further that the i:h of Of :'olicee in said Cities shall be appointed and removed as now provided by law. section 2. That the Civil Service Commissioners nar°�ed as provided herein shall meet and organize, and they City Council, or Board of Com- missioners, as the case may be, shall provide suitable rooms for such Board of Civil Service Commissioners to hold meetinEs, and shall allow all reasonable supplies and use of public buildings for holding; examina- tions by such hoard. `I`he3 Commissioner, who shall be elected for a term of two years, shall act as president and shall preside over all meetings of the Civil Service Commission and be its executive officer. The presi- dent shall vote on questions before the Board of Civil Service CosmaissiowW only in case of a tie. In the absence of the president the Board shall elect one of their number to act instead of the president and such member so elected shall be clothed with all the powers, right and duties of the said president during the absence of the president. The member of the Civil. Sere ice Commission Whose term shall next expire shall serve ae 'resi- dent during the last year of his terra. The Board shall elect one of their members as z�escretary who shall keep the books, records of said hoard and shall conduct the correspondence of said Board, shall report the evidence at all trials and shall act as Clerk when the Board shall constitute a trial court and any other duties that %riay be ordered by the Board. SECTION 3, The Board of Civil service Commissioners herein provided shall proscribe, amend and enforce rules and regulations governing the fire and police departments of their respective cities, and said rules and regulations shall have the same force and effect of law. They shall keep a record of its examinations and shall investigate the enforcement and effect of this act and the rules as provided for herein. These rules shall provide: let. For the qualifications of each applicant for appointment to any posi- tion on the police or fire department; provided, however, that no person shall be eligible for appointment to any position on the fire department who has not arrived to the age of 21 or who Is over 31 years of age; and no person shall be eligible for appointment on the police department affected by this act who has not arrived at the age of 21 years or who in over the av-.,,e of 45 years; provided, further that this ag* limit shall not apply to arV person employed on the ponce or fire departments at the time of the passage of this Act* 2nd. For open competitive examination to test the relative fitness of applicants for such positions, 3rd. For p,,Abllo advertisement of all examinations by publication of notice in sore newspaper having a bona-fide circulation In said City and by post- ing, of notice at the City Hall at least IQ days before the date of said examinations. Said examinations shall be hold on the first Monday in April and the first Monday in -')ctober,, and more often if necessary under the rules and regulations as may be prescribed by the %ard of Civil service Commissioners* 4th, For the creation of eligible lists for each rank of employment in said departments in which shall be entered the naoos of the successful candidates in the order of their standing in the eXamination* No person shall be eligible for examination for advancement from a lower to a higher rank until he shall have served at least one year in the lower rank except In case of emergency, which emergency shall be decided by the Board of Commi. so toners, All lists for appointments or promotions as certified by the Board of Civil Service Oommt6sipners shall be and remain in force any: effect for the period of one year from the date thereof and at the expiration of caid period all ri ht or priority under said lists shall cease, 6th. For the rejection of candidates of eligibles who fall to 4omply with reasonable requirements of the Board in regard to ages sex, physical condition or wbo has been guilty of a felony, or who has attempted fraud JUM or deception in connection with the examination. All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. Said examination to be conducted in the manner and form as now provided by law, provided that, if no provision has been made by existing laws for such examinations then the Board of Civil Zervics Commission may adopt proper rules and regulations to earn:• this provision into effect. 6th. For the appointment or promotion of the one standing highest on the eligible list for that rank of service. 7th. For a period of probation of not to exceed six months before any appointment or pr6mmtion is complete, during which period the probationer may be disc iarg ed, in case of an appointment, or reduced, in case of pro- motion, by the Chief of the police or of the fire dopartivient. 3th. For temporary employees without examination with the consent of the comifii scion, in cases of emergency, and pending appointment from eligible list, but no teoporar�yr appointment shall continue longer than 60 days nor shall successive temporary appointments be allowed except in tides of grave danger of which the commission shall decide. 9th. For promotion based upon open competitive examination of efficiency, character and conduct, lists shall be created for each rank of service and promotions made therefrom in the swie manner as provided for original appointment. An advancement in rack or increase in aailary beyond the limes fixed for t1he grade by the rules of said commission shell constitute a promotion. 10th. For suspension for not longer than 34 days, arV, for leave of absence. 11th. For discharge or reduction in rank or compensation after pro- motion or appointment is complete, only after the person to be dis- charged, or reduced, has been presented with time reasons for such z. discharge or reduction in writing. The person so discharged or reduced shall have the right within ten days from the date of notice or dis- charge or reduction to reply in writing ,, and should said person deny the truth of such reasons f:apon which such discharge or reduction is predicated and shall demand a trial, said Commission shall grant a trial as provided hereinafter. The reasons and the reply shall consti- tute a part of said trial and be filed with the record. 12th. For the adoption and amendment of rules after public notice and hearings The commission shall adjopt such rules not inconsistent with the act for the necessary enforcement of the act* SECTION T11at j-.,11 employees, In any fire or police dopartmentg .3, affected by this Act, shall be governed by rules and regulations set out by the Chief of the respective police or fire departments after such rules and regulations have been adopted by the governing bodies of their respective municipalities. SECTION 5. That no officer, private or employee of any police or fire department affected by this act shall be discharged or reduced in rank or compensation without being notified in writing as provided herein* That such person shall have the right of reply and trial as provided herein rlyl(i may be discharged or reduced only after conviction at said trial before the commissione said trial must take place within fifteen days after demand for such is made, and the accused must be notified at least 10 days prior to the date and place of said trial and have compulsory ,,)recess to have witnesses present at such trial. The president shall provide at all trials and shall determine and decide all questions relative to pleadings and admissibility of evidence. The decision of the commission shall be by a majority vote of the members of the comynissiono A right of appeal is hereby given from such action of the Board of Civil Service Commissioners. to the Circuit Court within whose jurisdiction the Roard of Civil Service rommissioners are situated. Such trials in the Circuit Court shall be de novo,'and the parties to such appeal may introduce any further or other evidence that they may desire provided the sa. ;; -je is legal,, relevant and competent, A right of appeal is also given from any action from, the Circuit Court to the Supreme Court of the State of �rkansas, and such ay p, ) eals shall be governed by the rales and prodedure in appeals of equitable cases* M In the event that it is finally determined that there was a wrongful suspension, reduction in rank or discharge of any member of the police or fire department, such employee shall in such case be entitled to summary judgment against the City for full pay for the tine he lost by reason of his suspension or discharge or for the difference in salary or loss he shall have sustained by reason of 9xW reduction in rank. G. That in the case of a vacancy in a position requiring peculiar or exceptional qualifications of the scientific, professional or expert character, upon satisfactory evidence that competition Is Impracticable and the position can 'best be filled by the selection of some person designated and of recognized attainment, the Board of Cori.• mi ssioners may by a majority vote suspend competition in such case, but such suspension shall not be general in its application, and each case bust be handled on its own merits. SECTIUN 7. All examinations provided for herein shall be fair and iMTZartial., and such as to test the qualification of the applicant for the particular service and position to be filled. SECTION 8, No officer, private, or other employees of any police or fire department affected by this act and in the employ of such department at the time of the passage of this act skull. be subject to examination, except for promotion or advancement, but shall retain their present standing subject to the father provisions of this act. SECTION 9. Ttie Secretary of said Civil service Commission shall file with the treasurer or disbursing officer of their respective cities a certificate of those entitled to compensation from they city under this ,°yet. No compensation shaall be allowed to any member of the police or fire deDartme3nts of the affected cities unless their names shall be so certified by the secretary of the commission. SECTION 3Q. In any investigation conducted by the commission, herein provided, this commission shall have the power of subpoena and require the attendance of any witness and they production of any papers or records pertinent to the Investigation and to administer oaths to such vi tness:ses and to punish for contompt the rlon- attendance of witnesses or the failure to produce such books or papers or misbehavior of any person or persons during the investigation b y a fine .rot to exceed Fifty Dollars for each offense. SECTIUN 11. No person in any department affected hereby shall be appointee, reduced, suspended or discharged or otherwise diseariginated against because of his policital opinion or affiliation. SECTION 12. No officer or employee in any department affected by this act shall engage in the solicitation of any subscription funds or assessments or contribute thereto for tuly political party or purposes and shall not be connected with any polititcal campaign or political management except to cast his vote and to express his personal opinion privately. SECTION 13. In case of suspension, discharge or reduction, the affected or accused person shall have written notice of such action at time action Is taken, SECTION 141. No person in any department affected hereby shall be transferred from one department to another. 3ECT1614 15. In event that it shall be necessary to reduce the personnel of any department affected hereby, such reduction shall be done from the lowest rank, seniority havine. priority. SECTION 16. That in this act the word, or words, Roardo Commission or Commissioners, when used, shall be construed to apply to the Board of Civil Service commissioners of the police and fire departments as provided L for in Section I of this Act* SECTI,34 17. The City Council or Board of Commissioners shall from time to tirt-te fix the number of employees and the salaries to be drawn by each rank in the fire and police departments of their respective cities* SECTION 18, If within ninety (90) days from the passa�,;e of this ,ctg the requisite number of nualified electors of any city affected by said act shall file a i,-)etition with the City Clerk of said city request ink; said act to be submitted to a vote of the people, then said Act shall be suspended until same is voted on aritapproved. Upon the necessary petition being filed with the City Clerk* it shall be his duty to certify said act at the next city general election to be voted for or agains► and the result shall be determined as now Provided by law In such cases, ;jggtion 19. tiny adjudication of Invalidity of any part of this act shall not affect the validity of the act as a whole, or any other part thereof. SECTIUN 419. .;vny person or persons violating any part of this acts upon conviction shall be punished as for a misdemeanor. SECTION 21. All laws or parts of laws in conflict herewith are hereby repealed, and this shall be in force and effect from and after passage and approval. February 16, 1933 Mr. John P. Baird c/o Little Rock Adv. & Posting Co. City Dear Mr. Baird: In a.ccord.unce with provisions of the Civil Service Bill signed by Governor Futrell on February 13th, 1933, the City Council of the City of Little Mock duly convened in regular session on Feb:ud%,ry 13th, 1933, passed Ordinance Rio. 5017, in which Ordinance you were elected as ,a member of the Board of Commissioners to supervise the personnel of the Fire and' Police Departrents of said City. A copy of said Ordinance is enclosed herewith. The Council further directed that you be requested by letter to be present at the nest regular meeting of the City Council on February 27th, 1933,-8 O'clock P.M., Council ^- Chamber, said request being prompted and m-We in an endeavor to cooperate for the best interest of all parties concerned. JLX :BAH Sincerely yours, City Clerk.