Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
8.D.1. Expansion of Civil Service Commissioin's Scope
General Business 8. D. 1. SHAKOPEE TO: Mayor and City Council FROM: Kris Wilson, Acting City Administrator DATE: 04/07/2015 SUBJECT: Expansion of Civil Service Commission's Scope (E) Action Sought Councilor Luce has requested that the Council consider expanding the scope of the City's Police Civil Service Commission to also encompass the Fire Department. Background State law allows cities to have a Police Civil Service Commission, a Fire Civil Service Commission, a joint Police & Fire Civil Service Commission or no Civil Service structure at all. State statutes governing Police and Fire Civil Service Commissions are attached for your information. The City of Shakopee has had a Police Civil Service Commission since September of 1948. The Commission is made up of three residents appointed by the City Council to rotating, three-year terms. The Commission is involved in the selection, discipline and, when necessary, removal of Police Department employees, as outlined in the attached Civil Service Rules. Specifically, the Commission: 1. Directs the hiring practices of the Department, including authorizing postings to fill vacancies, approving the type, format and number of examinations and/or interviews that will be conducted and certifying an eligible register. In Shakopee the Commission has typically opted to participate directly in the final-round of interviews for licensed officer positions but has delegated authority to conduct all first-round interviews, plus final-round interviews for non-sworn staff, to the Chief. 2. Establishes the minimum qualifications for each classification of employee within the Department, through the adoption and recommendation to the City Council of written position descriptions. 3. Hears disciplinary cases involving certain suspensions and/or terminations. However, this has been very rare in Shakopee as a majority of our Civil Service employees are also union employees. When appealing a disciplinary action, employees must choose between the Civil Service appeal process and the union appeal process, but cannot pursue both. Most employees elect the union appeals process, resulting in very few disciplinary matters coming before the Civil Service Commission. It is equally important to note what a Civil Service Commission DOES NOTdo, including: 1. Decide exactly who gets hired. The Chief retains the authority to recommend for hire any of the top three candidates on the eligible register. Currently that recommendation would go to the City Administrator for all non-sworn and police officer positions. The Chief's hiring recommendation for the rank of Sergeant or Captain and the City Administrator's recommendation for Chief would go to the City Council. 2. Determine the appropriate number or type of staff positions within the department. 3. Participate in establishing wage or benefit levels for Department employees. 4. Participate in establishing the Department's budget. 5. Participate in establishing Personnel Policies, hours of work, or standard operating procedures. Once a City opts to establish a Police or Fire Civil Service Commission, that Commission must adopt rules. State law dictates the basic structure and several specific rules that must be included in all Civil Service rules. Local Commissions may adopt additional rules so long as they do not conflict with those mandated by state law. Perhaps the greatest difference between the Civil Service hiring processes conducted for Police Department employees and the hiring process followed in the City's other departments has to do with the number of steps and the timeline for conducting a process. For example, the City routinely advertises full-time job openings on the City website, the League of MN Cities website and with various trade groups or relevant professional associations. When advertising for an opening in the Police Department, all of this is done— and a notice of the opening is filed as a legal notice in the City's official paper of record at least 10 days prior to the application deadline. A second legal notice is published in the paper 10-days prior to first-round interviews, noting the dates, times and locations of these interviews. This is done despite the fact that the interviews are offered only to qualified applicants who filed an applications prior to the deadline. So someone reading the published notice of the exam dates, times and locations could not just show up and be interviewed. Finally, Civil Service rules require that written notice of their interview date, time and location be mailed to each applicant 10 days prior to their interview. The end result is a hiring process that takes significantly longer and is less flexible in terms of accommodating the scheduling needs of both the City and applicants. (The timeline for the most recent Civil Service hiring process is attached for Council's information.) All of the above practices are required by state law. A local Civil Service Commission cannot opt to provide less notice or notice in an alternative form. If the Council is interested in expanding the scope of Shakopee's Civil Service Commission to be a joint Police & Fire Civil Service Commission, it should also be aware of the following: 1. Once a Civil Service structure is put in place it must be given authority over all positions within the Department in question. In the case of the Fire Department, this means Civil Service rules and regulations would not only govern hiring for full-time positions, but also for all paid-on-call firefighters. 2. If Civil Service were expanded to include employees of the Fire Department, the maximum probationary period allowable for any Fire Department employee would be 6 months. This would be particularly problematic for paid-on-call firefighters as they spend almost all of their first six months completing formal classes. In their first six months on the job, there is very little opportunity to observe new paid-on-call firefighter's skills and abilities in a real emergency setting. 3. Once put in place by the Council, a Fire Civil Service Commission may only be disbanded by a voter-approved referendum. (This is different than a Police Civil Service Commission which may be disbanded by referendum or by a unanimous vote of the City Council.) Budget Impact Expanding the scope of the Civil Service Commission to include the Fire Department would have little or no budgetary impact. Members of the Civil Service Commission are unpaid volunteers, as is required by statute. Requested Action The Council is asked to provide direction to staff regarding this issue. If the Council wishes to proceed with establishing a joint Police & Fire Civil Service Commission, the appropriate action would be to direct staff to prepare the necessary Ordinance for consideration at a future Council meeting. Attachments: MN Statute on Police Civil Service Commissions MN Statute on Fire Civil Service Commissions Shakopee Civil Service Rules Sample Hiring Timeline 1 MINNESOTA STATUTES 2014 419.02 CHAPTER 419 POLICE CIVIL SERVICE COMMISSIONS 419.01 ESTABLISHMENT. 419.10 NOTICE OF EXAMINATIONS;CREATION 419.02 MEMBERSHIP;JOINT POLICE AND FIRE OF ELIGIBLE REGISTER;REMOVAL AND ADDITIONS. COMMISSION. 419.03 MEETING. 419.11 CHARGES FILED WITH SECRETARY OF COMMISSION. 419.04 COMMISSIONERS TO SERVE WITHOUT PAY. 419.12 SUSPENSION AND REMOVAL; 419.05 DUTIES OF COMMISSION. REINSTATEMENT. 419.06 RULES FOR POLICE DEPARTMENT. 419.13 CERTAIN ACTS A MISDEMEANOR. 419.07 OFFICERS DISCHARGED ONLY AFTER 419.14 COMMISSION VESTED WITH CERTAIN POWERS. HEARING. 419.15 OFFICERS TO COME UNDER COMMISSION. 419.075 MERIT SYSTEM MUNICIPALITIES,DISCHARGE OF PEACE OFFICERS. 419.16 ABOLITION OF COMMISSION. 419.08 RULES AND STANDARDS. 419.17 ABOLITION SUBMITTED TO VOTERS. 419.09 EXAMINATIONS. 419.18 APPLICATION. 419.181 LIMITATION UPON CONTEST OF CERTIFICATION. 419.01 ESTABLISHMENT. There may be created in every city, except a city of the first class, a police civil service commission with powers and duties as provided in sections 419.01 to 419.18. Any such city which may wish to avail itself of the provisions thereof shall do so by an ordinance expressly accepting the provisions thereof. The ordinance shall be adopted in the same manner as other nonemergency ordinances,but at least 30 days shall elapse between its introduction and final passage by the governing body. Sections 419.01 to 419.18 do not apply to any city until the adoption of such ordinance. History: (1933-48) 1929 c 299 s 1; 1933 c 197 s 1; 1935 c 34 s 1; 1959 c 694 s 1; 1973 c 123 art 5 s 7 419.02 MEMBERSHIP;JOINT POLICE AND FIRE COMMISSION. Subdivision 1. Number, qualifications, limits. This commission shall consist of three members who are citizens of the state and residents of such city, and shall be appointed by the council of the city, and when first created one commissioner shall be appointed for the term of one year,who shall be president of the commission, one for the term of two years, and one for the term of three years, and all commissioners shall hold their office until their successors are appointed and qualified. No commissioner shall, at the time of appointment or while serving, hold any elected office under the city, the United States, the state of Minnesota, or any public corporation or political division thereof, or employment under the city, or employment under a police department of any city,other than as a member of a civil service commission for firefighters or other municipal personnel. Each commissioner, before entering upon duties, shall subscribe and file with the city clerk an oath for the faithful discharge of the duties. There shall be appointed each year thereafter by the city council one member of the commission whose term of office shall be for three years, and each member of the commission shall be president of the commission during the last year of the member's term. Subd. 2. Transition to joint commission.In any city establishing or having a firefighters'civil service commission, the city council may, in the ordinance establishing the police or firefighters' civil service Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.02 MINNESOTA STATUTES 2014 2 commission or in a later ordinance adopted in the same manner, provide that a single commission shall serve as both police and firefighters' civil service commissions. The joint commission shall consist of three members appointed in the same manner,for the same terms,and with the same qualifications as a police civil service commission under sections 419.01 to 419.18. When existing police and firefighters' civil service commissions are combined, all the members of the two commissions shall become the members of the combined commission and shall continue to serve as members of the new commission for the remainder of the terms for which they were originally appointed.No successor shall be appointed for the members whose terms are the first,third,and fifth of the six to end,but at the end of every other term,one member shall be appointed for a three-year term,thus reducing the commission membership to five by the end of the first year,four by the end of the second year,and three by the end of the third year. History: (1933-49) 1929 c 299 s 2; 1959 c 694 s 2; 1973 c 123 art 5 s 7; 1977 c 429 s 63; 1978 c 585 s 1; 1986 c 444 419.03 MEETING. The commission shall first meet immediately after its appointment and thereafter on the first Monday in February each year at which meetings it shall select from its members a secretary who shall serve until a successor is elected. The commission shall from time to time fix the times of its meetings, and adopt, amend,and alter rules for its procedure. History: (1933-50) 1929 c 299 s 3; 1986 c 444 419.04 COMMISSIONERS TO SERVE WITHOUT PAY. Each commissioner shall serve without pay but the council may allow the secretary such compensation, not exceeding $100 per year, as it shall deem commensurate with the additional service rendered. The council shall pay from the municipal treasury all expenses incurred by the commission in connection with the performance of its duties and furnish it with all supplies, stationery, and equipment it may require,but all bills and accounts shall be audited and approved by the president and secretary of the commission before being paid by the council. History: (1933-51) 1929 c 299 s 4; 1986 c 444 419.05 DUTIES OF COMMISSION. The commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department of such city and these powers shall extend to and include all members of the police department.The commission may not,however, prescribe any residency requirements for the positions under its control,unless approved by the city council. The commission shall,immediately after its appointment and organization,grade and classify all of the employees of the police department of the city and a service register shall be prepared for the purpose, in which shall be entered,in their classes,the names,ages,compensation,period of past employment and such other facts and data with reference to each employee as the commission may deem useful. The commission shall keep a second register to be known as the application register in which shall be entered the names and addresses,in the order of the date of application,of all applicants for examination and the offices or employments they seek. All applications shall be upon forms prescribed by the commission and contain such data and information as the commission deems necessary and useful. History: (1933-52) 1929 c 299 s 5; 1973 c 123 art 5 s 7; 1978 c 585 s 2 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2014 419.06 419.06 RULES FOR POLICE DEPARTMENT. The commission shall adopt rules to promote efficiency in the police department service and to carry out the purposes of this chapter. The rules must provide among other things for: (1)the classification of all offices and employments in the police department; (2)public competitive examinations to test the relative fitness of applicants; (3) public advertisements of all examinations at least ten days in advance in a newspaper of general circulation in the city and posting the advertisement for ten days in the city hall and at each station house; (4)the creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination,which must be included in an eligible register; (5)the commission may by rule provide for striking any name from the eligible register after it has been on the register for one year; (6)the rejection of candidates or eligibles who, after the entry of their names, fail to comply with the reasonable rules and requirements of the commission in respect to age, residence, physical condition, or otherwise,or who have been guilty of criminal, infamous,or disgraceful conduct,or of any willful misrep- resentation,deception,or fraud in connection with their applications for employment; (7)the certification of the three names standing highest on the appropriate list to fill any vacancy; (8)temporary employment without examination, with the consent in each case of the commission, in cases of emergency,but no such temporary employment may continue more than 30 days nor may successive temporary employments be permitted for the same position; provided,that until 60 days after cessation of hostilities in a war as declared by proper federal authority,whenever there are no names upon the eligible register, temporary appointment may be made for employment to continue until the position is filled by a candidate from the eligible register under the provisions of the rules,provided that persons on the eligible list at the time of induction into the armed forces of the United States must retain their position on the eligible register; (9)promotion based on competitive examination and upon records of efficiency,character,conduct and seniority; (10)suspension with or without pay for not longer than 60 days and for leave of absence,with or without pay;and (11)other rules not inconsistent with the provisions of this chapter as may,from time to time,be found necessary to secure the purposes of this chapter. When a disparity exists between the make-up of the police department and its approved affirmative action goals,the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination,in order of their standing in the Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.06 MINNESOTA STATUTES 2014 4 examination. These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments. Copies of such rules must be kept posted in a conspicuous place at each police station house and no rules of general application with reference to employment,promotion,discharge,or suspension are effective until posted. History: (1933-53) 1929 c 299 s 6; 1943 c 441 s 1; 1959 c 694 s 3; 1973 c 123 art 5 s 7; 1991 c 140 s1; 1993c35s1 419.07 OFFICERS DISCHARGED ONLY AFTER HEARING. No officer or employee other than a peace officer, after six months' continuous employment, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of the charges as in this chapter hereinafter provided. No newly appointed peace officer after satisfactory completion of the basic peace officers training course pursuant to sections 626.843 to 626.852 and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in defense of the charges as in this chapter hereinafter provided. Such charges shall be investigated by or before such civil service commission. The finding and decision of such commission shall be forthwith certified to the chief or other appointed or superior officer, and will be forthwith enforced by such officer. Nothing in this chapter shall limit the power of any officer to suspend a subordinate for a reasonable period not exceeding 60 days for the purpose of discipline, or pending investigation of charges when the officer deems such suspension advisable. The commission, in any city of the second class situate in two or more counties, may, by resolution adopted by unanimous vote, incorporate in the civil service rules a rule fixing the term of the office of chief of the department at six years from the date of appointment and thereafter the office of chief shall be open to competitive examination for all members of the department qualified to take such examinations. In the event of a new appointment being made to the office of chief as a result of competitive examination, the retiring chief shall be assigned a grade and class in the department as may be determined by the commission. Provided that the limitation of the term of chief as herein provided for shall not affect any person permanently holding the office of chief at the time of the passage of Laws 1947, Chapter 522;provided further that the provisions of this section shall not apply to persons referred to in Minnesota Statutes 1969,Section 299D.03. History: (1933-54) 1929 c 299 s 7; 1947 c 522 s 1; 1971 c 839 s 1; 1980 c 509 s 159; 1986 c 444 419.075 MERIT SYSTEM MUNICIPALITIES,DISCHARGE OF PEACE OFFICERS. Subdivision 1.Application.This section applies to any city,county,town or other political subdivision which has adopted a formal merit system under any provision of law or home rule charter. Subd. 2. Officers discharged after hearing. No newly appointed peace officer, after satisfactory completion of the basic peace officer training course pursuant to sections 626.843 to 626.852 and after a period of no longer than 12 months continuous employment thereafter, shall be removed or discharged except for cause upon written charges after opportunity to be heard in defense of the charges. History: 1971 c 839 s 2; 1973 c 123 art 5 s 7; 1980 c 509 s 160; 1986 c 444 419.08 RULES AND STANDARDS. The commission shall ascertain the duties of each office, position, and employment in the police protection service of such city,and designate by rule as well as may be practicable the grade of each office, Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 MINNESOTA STATUTES 2014 419.11 employment,or position.The commission shall prescribe standards of fitness and efficiency for each office, position,and employment and for each grade,and adapt its examination thereto. History: (1933-55) 1929 c 299 s 8; 1973 c 123 art 5 s 7 419.09 EXAMINATIONS. All examinations shall be impartial, fair, and practical and designed only to test the relative quali- fications and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No question in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for position requiring special experience, skill, or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the chief of the police department and of every employee to act as an examiner or assistant examiner,at the request of the commission, without special compensation therefor. The members of the commission collectively or individually may act as examiners or assistant examiners. History: (1933-56) 1929 c 299 s 9 419.10 NOTICE OF EXAMINATIONS; CREATION OF ELIGIBLE REGISTER; REMOVAL AND ADDITIONS. Subdivision 1. Notice of examinations. (a)Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 419.06,and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance. (b) The notice may provide that other examinations may be administered from time to time during the life of the eligible register, without an additional publication or ten-day notice, to applicants meeting threshold requirements. Subd.2.Creation of eligible register.The names of those found eligible upon examination,after giving credit for character and previous successful experience,shall be entered with their address and percentages on the eligible register. Subd. 3. Removal of names. No name shall remain upon the eligible register more than two years without a new application, and, if the rules of the commission so require, a new examination. When a vacancy has been filled or new appointment made, the names selected shall be stricken from the eligible register and transferred to the service register. Subd. 4. Addition of names. If the notice under subdivision 1, paragraph (b), is given at the time of initial examination, additional examinations may be administered to applicants meeting threshold re- quirements without an additional publication or ten-day notice.Applicants passing a later examination shall be added to the eligible register in the order of their standing relative to the remaining applicants on the register. History: (1933-57) 1929 c 299 s 10; 2001 c 87 s 1 419.11 CHARGES FILED WITH SECRETARY OF COMMISSION. Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by the appointing authority,and thereupon the commission shall try the charges after no less than Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.11 MINNESOTA STATUTES 2014 6 ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation.The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county in which such city is located.The commission may make complaint to the district court of disobedience of its subpoenas or orders under this section, and the court shall prescribe notice to the person accused and require the accused person to obey the commission's subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court.Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court,except that any officer,agent, or employee of the city who receives compensation for services,shall not be entitled to fees or mileage. History: (1933-58) 1929 c 299 s 11; 1959 c 694 s 4; 1973 c 123 art 5 s 7; 1986 c 444 419.12 SUSPENSION AND REMOVAL; REINSTATEMENT. An employee who, after investigation and trial by civil service commission, is found guilty of inef- ficiency, breach of duty, or misconduct, may be removed, reduced, or suspended . The employee's name also may be stricken from the service register. If the board determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension. Findings, determinations, and orders of the commission for suspension, reduction, or removal, shall be in writing and shall be filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced,or removed by the commission after investigation may appeal in accordance with chapter 14. The question to be determined by the court shall be: "Upon the evidence,was the order of the commission reasonable?" History: (1933-59) 1929 c 299 s 12; 1973 c 123 art 5 s 7; 1983 c 247 s 152; 1986 c 444 419.13 CERTAIN ACTS A MISDEMEANOR. An applicant for examination, appointment or promotion in the police department service of the city who shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money, service or other thing to any person,for or on account of or in connection with the applicant's examination, appointment or proposed appointment or promotion shall be guilty of a misdemeanor and shall also be subject to suspension or removal. Any officer or employee of the police department, when operating under civil service in accordance with the provisions of this chapter,who shall in any manner directly or indirectly solicit,receive,or pay,or be in any manner concerned in soliciting,receiving,or paying,any assessment,subscription or contribution for any party or political purpose, shall be guilty of a misdemeanor and shall be subject to suspension or removal. Any person who shall solicit or receive directly or indirectly,or be in any manner concerned in soliciting or receiving any assessment, contribution, or payment for any political purpose whatever from any officer Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 7 MINNESOTA STATUTES 2014 419.181 or employee in a police department operated under civil service as in this chapter provided for, shall be guilty of a misdemeanor. History: (1933-60, 1933-61, 1933-62) 1929 c 299 s 13-15; 1973 c 123 art 5 s 7; 1986 c 444 419.14 COMMISSION VESTED WITH CERTAIN POWERS. When any city has a civil service commission the council may provide that this commission be vested with the powers and duties of the police civil service commission as set forth herein. History: (1933-63) 1929 c 299 s 16; 1973 c 123 art 5 s 7 419.15 OFFICERS TO COME UNDER COMMISSION. Any police officer regularly employed at the time of the creation of the civil service commission shall automatically come under the jurisdiction of the civil service commission. History: (1933-63a) 1929 c 299; 1933 c 197 s 1 419.16 ABOLITION OF COMMISSION. A police civil service commission created under this chapter may be abolished as follows: (1) by the voters in accordance with section 419.17; or(2)by a unanimous vote of the city council. Abolition by the voters shall be initiated by a petition signed by at least 25 percent of the number of legal voters voting at the last general municipal election filed with the governing body of the city requesting that the following question be submitted to the voters: "Shall the police civil service commission be abolished?" History: (1933-63b) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7; 1999 c 165 s 1 419.17 ABOLITION SUBMITTED TO VOTERS. When a petition is filed under section 419.16, the governing body of the city shall cause the question to be submitted to the voters at the first following general municipal election. The commission is abolished if two-thirds of the votes cast in the election are in favor of the abolishment, and the status of the police department and all of its employees shall thereafter be the same as if the commission had not been created. History: (1933-63c) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7; 1999 c 165 s 2 419.18 APPLICATION. The provisions of sections 419.01 to 419.18 with reference to the abolition of civil service commission shall not apply and shall have no force or effect in any city in this state where a commission has already been created. History: (1933-63d) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7 419.181 LIMITATION UPON CONTEST OF CERTIFICATION. Notwithstanding any law to the contrary,no person shall contest the certification of any person to fill any vacancy by a police civil service commission in a city, except a city of the first class, later than six years after the date of certification. History: 1959 c 290 s 1; 1973 c 123 art 5 s 7 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 419.19 MINNESOTA STATUTES 2014 8 419.19 [Repealed, 1965 c 79 s 2] 419.20 [Repealed, 1965 c 79 s 2] 419.21 [Repealed, 1965 c 79 s 2] 419.22 [Repealed, 1965 c 79 s 2] 419.23 [Repealed, 1965 c 79 s 2] 419.24 [Repealed, 1965 c 79 s 2] 419.25 [Repealed, 1965 c 79 s 2] 419.26 [Repealed, 1965 c 79 s 2] 419.27 [Repealed, 1965 c 79 s 2] 419.28 [Repealed, 1965 c 79 s 2] 419.29 [Repealed, 1965 c 79 s 2] 419.30 [Repealed, 1965 c 79 s 2] 419.31 [Repealed, 1965 c 79 s 2] 419.32 [Repealed, 1965 c 79 s 2] 419.33 [Repealed, 1965 c 79 s 2] 419.34 [Repealed, 1965 c 79 s 2] Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2014 420.03 CHAPTER 420 FIREFIGHTERS' CIVIL SERVICE COMMISSIONS 420.01 CREATION. 420.10 EXAMINATIONS;EXAMINERS. 420.02 ADOPTION OF ACCEPTING ORDINANCE. 420.11 NOTICE OF EXAMINATIONS. 420.03 MEMBERSHIP;DUTIES;TERMS. 420.12 CHARGES TO BE FILED;TRIAL. 420.04 MEETINGS. 420.13 SUSPENSION OR REMOVAL. 420.05 MEMBERS TO SERVE WITHOUT PAY. 420.14 COMMISSION,WHEN ABOLISHED. 420.06 POWERS AND DUTIES. 420.15 ELECTIONS. 420.16 CERTAIN ACTS MISDEMEANORS. 420.07 RULES FOR FIRE DEPARTMENT SERVICE. 420.20 PROHIBITION OF SERVICE BY MINORS AS 420.08 REMOVAL OR DISCHARGE. VOLUNTEER FIREFIGHTERS. 420.09 EMPLOYEES GRADED. III 420.01 CREATION. There may be created in every city, except cities of the first class, and in statutory cities having a population of 2,000 or more, and having a fire department consisting of two or more regularly employed and paid firefighters,a firefighter's civil service commission with powers and duties as hereinafter provided. History: (1933-23) 1929 c 57 s 1;Ex1936 c 13; 1973 c 123 art 5 s 7; 1977 c 429 s 63 420.02 ADOPTION OF ACCEPTING ORDINANCE. Any city or statutory city in the class mentioned in section 420.01 which may wish to avail itself of the provisions of this chapter, shall do so by an ordinance expressly accepting the provisions hereof The ordinance shall be adopted in the same manner as other nonemergency ordinances,but at least 30 days shall elapse between its introduction and final passage by the governing body.This chapter does not apply to any city until the adoption of such ordinance. History: (1933-25) 1929 c 57 s 3; 1959 c 695 s 1; 1973 c 123 art 5 s 7 420.03 MEMBERSHIP; DUTIES; TERMS. Except in a city having a combined police and firefighters' civil service commission, the commission shall consist of three members who are citizens of the state and resident of such city,and shall be appointed by the council of the city, and when first created one commissioner shall be appointed for the term of one year, who shall be president of the commission, one for the term of two years, and one for the term of three years, and all commissioners shall hold office until their successors are appointed and qualified. The council may remove any commissioner who in the judgment of the council has willfully violated any of the provisions of sections 420.01 to 420.16. No commissioner shall, at the time of appointment or while serving,hold any other office or employment under the city,the United States,the state of Minnesota,or any public corporation or political division thereof, other than the office of notary public or member of a civil service commission for police officers or other municipal personnel. Each commissioner, before entering upon duties,shall subscribe and file with the city clerk,an oath for the faithful discharge of the duties.Except in a city having a combined police and firefighters' civil service commission,there shall be appointed each year thereafter by the council one member of the commission whose term of office shall be for three years, Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 420.03 MINNESOTA STATUTES 2014 2 and each member of the commission shall be president during the last year of the term.All vacancies in the commission shall be filled by appointment by the council within 30 days after the vacancy occurs. History: (1933-26) 1929 c 57 s 4; 1945 c 183 s 1; 1959 c 695 s 2; 1973 c 123 art 5 s 7; 1977 c 429 s 63; 1986 c 444 420.04 MEETINGS. The commission shall first meet immediately after its appointment and thereafter on the first Monday in February of each year at which meetings it shall select from its members a secretary who shall serve until a successor is elected. The commission shall, from time to time, fix the times of its meetings, and adopt, amend,and alter rules for its procedure. All meetings shall be held and all records kept at the city hall. History: (1933-27) 1929 c 57 s 5; 1945 c 183 s 2; 1973 c 123 art 5 s 7; 1986 c 444 420.05 MEMBERS TO SERVE WITHOUT PAY. Each commissioner shall serve without pay but the council may allow the secretary such compensation, not exceeding $100 per year, as it shall deem commensurate with the additional services rendered. The council shall pay from the municipal treasury all expenses incurred by the commission in connection with the performance of its duties and shall furnish it with all supplies,stationery,and equipment it may require, but all bills and accounts shall be audited and approved by the president and secretary of the commission before being paid by the council. History: (1933-28) 1929 c 57 s 6; 1986 c 444 420.06 POWERS AND DUTIES. The commission shall have absolute control and supervision over the employment, promotion, discharge,and suspension of all officers and employees of the fire department of such city and these powers shall extend to and include the chief and assistant chief of such,and all inspectors,fire wardens,electricians, engineers, auto mechanics, clerks, and other persons engaged in the fire prevention and protection service in the city. The commission may not,however,prescribe any residency requirements for the positions under its control,unless approved by the city council. The commission shall immediately after its appointment and organization grade and classify all of these employees of the fire department of the city and a service register shall be prepared for the purpose,in which shall be entered,in their classes,the names,ages,compensation,period of past employment,and such other facts and data with reference to each employee as the commission may deem useful. The commission shall keep a second register to be known as the application register in which shall be entered the names and addresses in the order of the date of application of all applicants for examination and the offices or employments they seek. All applications shall be upon forms prescribed by the commission and contain such data and information as the commission shall deem necessary and useful. History: (1933-29) 1929 c 57 s 7; 1941 c 434; 1973 c 123 art 5 s 7; 1978 c 585 s 3; 1979 c 50 s 54 420.07 RULES FOR FIRE DEPARTMENT SERVICE. The commission shall adopt rules to promote efficiency in the fire department service and to carry out the purposes of this chapter. The rules must provide among other things for: (1)the classification of all offices and employments in the fire department; Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2014 420.08 (2)public competitive examinations to test the relative fitness of applicants; (3) public advertisement of all examinations at least ten days in advance in a newspaper of general circulation in said city and posting the advertisement for ten days in the city hall and at each station house; (4)the creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination,which must be included in an eligible register; (5)the commission may by rule provide for striking any name from the eligible register after it has been on the register for two years; (6) the rejection of candidates or eligibles who, after the entry of their names fail to comply with the reasonable rules and requirements of the commission in respect to age, resident, physical condition or otherwise,or who have been guilty of criminal,infamous,or disgraceful conduct,or of any willful misrep- resentation,deception or fraud in connection with the examination or in connection with their applications for employment; (7)the certification of the three names standing highest on the appropriate list to fill any vacancy; (8) temporary employment without examination, with the consent in each case of the commission, in cases of emergency, but no such temporary employment must continue more than 30 days nor must successive temporary employments be permitted for the same position; (9) promotion based on competitive examination and upon records of efficiency, character, conduct, and seniority; (10) suspension with or without pay, for not longer than 60 days and for leave of absence, with or without pay;and (11)other rules not inconsistent with the provisions of this chapter as may from time to time be found necessary to secure the purposes of this chapter. When a disparity exists between the make-up of the fire department and its approved affirmative action goals, the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination,in order of their standing in the examination. These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments. Copies of such rules must be kept posted in a conspicuous place at each fire station house,and no rules of general application with reference to employment,promotion,discharge,or suspension are effective until posted. History: (1933-30) 1929 c 57 s 8; 1959 c 695 s 3; 1973 c 123 art S s 7; 1991 c 140 s 2 420.08 REMOVAL OR DISCHARGE. No officer or employee after six months'continuous employment shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in defense of the charges as in this Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2014 420.08 (2)public competitive examinations to test the relative fitness of applicants; (3) public advertisement of all examinations at least ten days in advance in a newspaper of general circulation in said city and posting the advertisement for ten days in the city hall and at each station house; (4)the creation and maintenance of lists of eligible candidates after successful examination in order of their standing in the examination and without reference to the time of examination,which must be included in an eligible register; (5)the commission may by rule provide for striking any name from the eligible register after it has been on the register for two years; (6) the rejection of candidates or eligibles who, after the entry of their names fail to comply with the reasonable rules and requirements of the commission in respect to age, resident, physical condition or otherwise,or who have been guilty of criminal, infamous,or disgraceful conduct,or of any willful misrep- resentation,deception or fraud in connection with the examination or in connection with their applications for employment; (7)the certification of the three names standing highest on the appropriate list to fill any vacancy; (8) temporary employment without examination, with the consent in each case of the commission, in cases of emergency, but no such temporary employment must continue more than 30 days nor must successive temporary employments be permitted for the same position; (9) promotion based on competitive examination and upon records of efficiency, character, conduct, and seniority; (10) suspension with or without pay, for not longer than 60 days and for leave of absence, with or without pay;and (11)other rules not inconsistent with the provisions of this chapter as may from time to time be found necessary to secure the purposes of this chapter. When a disparity exists between the make-up of the fire department and its approved affirmative action goals, the commission may certify up to two eligible candidates from each protected group for which a disparity exists. This certification is in addition to the three candidates certified under clause (7). This expanded certification may not include a member of a protected group if a member of that group is one of the three candidates certified under clause (7). Certifications under this paragraph must be made from the list of eligible candidates who have successfully completed the examination,in order of their standing in the examination. These expanded certification procedures apply only to positions to be filled from the public and do not apply to promotional appointments. Copies of such rules must be kept posted in a conspicuous place at each fire station house,and no rules of general application with reference to employment,promotion,discharge,or suspension are effective until posted. History: (1933-30) 1929 c 57 s 8; 1959 c 695 s 3; 1973 c 123 art 5 s 7; 1991 c 140 s 2 420.08 REMOVAL OR DISCHARGE. No officer or employee after six months'continuous employment shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in defense of the charges as in this Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 420.08 MINNESOTA STATUTES 2014 4 chapter hereinafter provided. Such charges shall be investigated by or before such civil service commission. The findings and decision of such commission shall be forthwith certified to the chief or other appointing or superior officer, and will be forthwith enforced by such officer. Nothing in this chapter shall limit the power of any officer to suspend a subordinate for a reasonable period not exceeding 60 days for the purpose of discipline,or pending investigation of charges when the officer deems such suspension advisable. History: (1933-31) 1929 c 57 s 9; 1986 c 444 420.09 EMPLOYEES GRADED. The commission shall ascertain the duties of each office,position,and employment in the fire protection service of such city and designate by rule as well as may be practicable the grade of each office,employment, or position. The commission shall prescribe standards of fitness and efficiency for each office,position,and employment and for each grade,and adapt its examinations thereto. History: (1933-32) 1929 c 57 s 10; 1973 c 123 art 5 s 7 420.10 EXAMINATIONS; EXAMINERS. All examinations shall be impartial, fair and practical and designed only to test the relative quali- fications and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No question in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety and integrity, and all applicants for positions requiring special experience, skill or faithfulness shall be specially examined in respect to those qualities. It shall be the duty of the chief of the fire department and of every employee to act as an examiner or assistant examiner, at the request of the commission,without special compensation therefor. Examinations shall be conducted and examination papers scored by some experienced and competent person who is not a resident of the city where the exam- inations are being held,when by resolution or motion it is so ordered by the council of such city. History: (1933-33) 1929 c 57 s 11; 1945 c 197 s 1; 1973 c 123 art 5 s 7 420.11 NOTICE OF EXAMINATIONS. Notice of the time, place, and scope of each examination shall be given by publication and posting as specified in section 420.07 and by mailing such notice to each applicant upon the appropriate list of the application register ten days in advance. The names of those found eligible upon examinations after giving credit for character and previous successful experience,shall be entered with their addresses and percentages on the eligible register. No name shall remain upon the eligible register more than two years without a new application and, if the rules of the commission so require, a new examination. When a vacancy has been filled or new appointment made the names selected shall be stricken from the eligible register and transferred to the service register. History: (1933-34) 1929 c 57 s 12 420.12 CHARGES TO BE FILED; TRIAL. Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior officer or by the appointing authority,and thereupon the commission shall try the charges after not less than ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to administer oaths and to compel the attendance and testimony of witnesses and the production of books and Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 MINNESOTA STATUTES 2014 420.15 papers relevant to the investigation.The commission shall require by subpoena the attendance of any witness requested by the accused who can be found in the county in which such city is located.The commission may make a complaint to the district court of disobedience of its subpoenas or orders under this section,and the court shall prescribe notice to the person accused and require the accused person to obey the commission's subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a contempt of court.Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court,except that any officer,agent,or employee of the city who receives compensation for services, shall not be entitled to fees or mileage. History: (1933-35) 1929 c 57 s 13; 1959 c 695 s 4; 1973 c 123 art 5 s 7; 1986 c 444 420.13 SUSPENSION OR REMOVAL. An employee who, after investigation and trial by the civil service commission, is found guilty of in- efficiency, breach of duty, or misconduct, may be removed,reduced, or suspended. The employee's name also may be stricken from the service register. If the board determines that the charges are not sustained, the accused, if suspended pending investigation, shall be immediately reinstated and paid all back pay due for the period of suspension. Findings,determinations,and orders of the commission for suspension,reduction,or removal shall be in writing and filed within three days after the completion of the hearing with the secretary of the commission. The secretary shall notify the employee of the decision in writing. Any person suspended, reduced, or removed by the commission after investigation may appeal in accordance with chapter 14. The question to be determined by the court shall be: "Upon the evidence was the order of the commission reasonable?" History: (1933-36) 1929 c 57 s 14; 1973 c 123 art 5 s 7; 1983 c 247 s 153; 1984 c 655 art 1 s 65; 1986 c 444 420.14 COMMISSION,WHEN ABOLISHED. Any firefighter's civil service commission hereafter created pursuant to the provisions of this chapter, except where such civil service commission has been continuously in operation for eight years or more, may be discontinued and abolished as follows:A petition signed by 25 percent of the number of legal voters voting at the last general municipal election,shall be filed with the governing body of such city and request that the following question be submitted to the voters: "Shall the firefighter's civil service commission be abolished?" History: (1933-40) 1929 c 57 s 18; 1931 c 152 s 1; 1939 c 379; 1973 c 123 art 5 s 7; 1977 c 429 s 63 420.15 ELECTIONS. When such petition is filed the governing body of such city shall cause the question to be submitted to the voters at the first following general municipal election. Such commission shall be deemed to be abolished if two-thirds of the votes cast in the election be in favor of such abolishment; and the status of the fire department and all of the employees thereof shall thereafter be deemed to be the same as if the commission had not been created. History: (1933-41) 1929 c 57 s 19; 1931 c 152 s 2; 1973 c 123 art 5 s 7 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 420.16 MINNESOTA STATUTES 2014 6 420.16 CERTAIN ACTS MISDEMEANORS. An applicant for examination, appointment, or promotion in the fire prevention service of the city who shall, either directly or indirectly,give, render, or pay or promote to give,render, or pay any money, service,or other thing to any person for or on account of or in connection with the applicant's examination, appointment, or proposed appointment or promotion, shall be guilty of a misdemeanor and subject to suspension or removal. Any officer or employee of the fire department,when operated under civil service in accordance with the provisions of this chapter,who shall in any manner directly or indirectly solicit,receive,or pay,or be in any manner concerned in soliciting,receiving, or paying any assessment, subscription, or contribution for any party or political purpose shall be guilty of a misdemeanor and subject to suspension or removal. Any person who shall solicit or receive directly or indirectly, or be in any manner concerned in so- liciting or receiving any assessment,contribution,or payment for any political purpose from any officer or employee in a fire department operated under civil service as in this chapter provided for, shall be guilty of a misdemeanor. History: (1933-37, 1933-38, 1933-39) 1929 c 57 s 15-17; 1973 c 123 art 5 s 7; 1986 c 444 420.20 PROHIBITION OF SERVICE BY MINORS AS VOLUNTEER FIREFIGHTERS. It is unlawful for any municipality or independent nonprofit firefighting corporation to employ a minor to serve as a firefighter or to permit a minor to serve in any capacity performing any firefighting duties with a fire department, except for members of a youth, civic, or educational organization or program who participate with uninterrupted adult supervision, as allowed by federal law and by section 181A.04. Such organizations or programs include, but are not limited to, Boy Scout Explorer programs or firefighting degree programs. History: 2009 c 169 art 10 s 7 Copyright©2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota I.DEFINITIONS 3 II.SCOPE 4 III.EXISTING ELIGIBLE REGISTER 4 IV.PERSONNEL FILES 4 V.REQUIREMENTS FOR ENTRANCE AND PROMOTION 5 VI.NOTICE OF EXAMINATION 6 VII.APPLICATION 6 VIII.REJECTION OF APPLICATIONS 6 IX.EXAMINATIONS 8 X.ELIGIBLE REGISTER 8 XI.CERTIFICATION/MEDICAL,PSYCHOLOGICAL AND PHYSICAL EXAMINATIONS/BACKGROUND INVESTIGATIONS/ORAL INTERVIEW 9 XII.APPOINTMENT 11 XIII.PROBATIONARY PERIOD 12 XIV.TEMPORARY APPOINTMENTS 13 XV.PROVISIONAL APPOINTMENTS 13 XVI.PROMOTIONS 14 XVII.DISCHARGES/TERMINATIONS 14 XVIII.LAY-OFF 16 XIX.SUSPENSION 16 XX.TRANSFER/REDUCTIONS 17 XXI.LEAVES OF ABSENCE 17 XXII.RESIGNATIONS 18 1 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XXIII.REINSTATEMENT 18 XXIV.RETIREMENT 18 XXV.AMENDMENT OF RULES 19 XXVI.CLASSIFICATION OF POSITIONS 19 APPENDIX 20 2 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota In the exercise of authority granted by Minnesota Statutes Chapter 419 and Section 2.31 of the City Code, and amendments thereto,the Police Civil Service Commission of the City of Shakopee,Minnesota,hereby adopt and promulgate the following Civil Service Rules and Regulations for the Police Department of the City of Shakopee, Minnesota. All previous rules and regulations of the Police Civil Service Commission are hereby revoked. The Commission shall meet on the first Monday in February each year. At this meeting it will review these rules and regulations and elect from its members a chairperson, a secretary and a member-at-large. The Commission shall from time to time fix the dates and times of its meetings,establish schedules for the purpose of testing and evaluation and adopt, amend and alter rules for its procedures. Definitions A. "COMMISSION"used alone means the Police Civil Service Commission of the City of Shakopee, Minnesota. B. "CHIEF"used alone means the Chief of Police of the City of Shakopee, Minnesota. C. "EMPLOYEE" includes all sworn and non-sworn employees of the Police Department of Shakopee,Minnesota. D. "POSITION" includes "office" and"employment". E. "VETERAN"has the same meaning as is given to that term by MN Statute. 43.30, 197.455, 197.46, 197.48 and 197.481. F. "APPOINTING AUTHORITY"for the classifications of Chief, Captain and Sergeant means the Shakopee,Minnesota City Council. Appointment Authority for all other classifications means the City Administrator of the City of Shakopee,MN. G. "DEPARTMENT"or POLICE DEPARTMENT"means the Police Department of the City of Shakopee, Minnesota. H. "RULES"means these Rules and Regulations. I. "APPLICANT"means any person applying for a position or promotion in the Department and includes"candidate". 3 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota J. "P.O.S.T. BOARD"refers to the Minnesota Board of Peace Officers Standards and Training. K. "MANUAL"refers to the Operations Manual of the Police Department. II. SCOPE A. These rules shall apply to all positions in the Police Department and are subject to all provisions of Minnesota Statutes, Chapter 419. B. The Commission shall have absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the Police Department and these powers shall extend to and include all members of the Police Department. III. EXISTING ELIGIBLE REGISTER A. These rules apply to all applicants for examinations or for any position within the Department. They do not affect the status of any applicant on the eligible register on the date of their adoption. B. Section III expires with the expiration of the eligibility of the names of such candidates or until a new Civil Service examination is held for the same position,whichever occurs first. IV. PERSONNEL FILES A. The Commission and Department shall jointly keep and maintain a complete personnel file on each employee of the Department. This file shall contain duplicates of all test results, recommendations,disciplinary actions, other than oral reprimand, and all other materials pertinent to the performance of the employee. The Department will maintain training records for all personnel. B. An employee may view his or her files at any reasonable time upon written request to the Commission or the Chief with the review to take place in the presence of a Commissioner(s) or the Chief at such time and place as may be specified by the reviewing Commissioner(s) or Chief. 4 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota V. REQUIREMENTS FOR ENTRANCE AND PROMOTION A. Unless otherwise provided in these rules, a person seeking employment or promotion in the Department shall: 1. File an application on forms prescribed by the Commission and supply such other information as the Commission may request. 2. Meet all applicable standards as mandated by the P.O.S.T. Board for sworn peace officer positions. 3. Fulfill the minimum requirements and pass public competitive examinations prescribed by the Commission to test the relative fitness of applicants. 4. Be fingerprinted, submit to such examination and investigation as prescribed by the Commission, and authorize the release of such information as the Commission may request. 5. Be certified by the Commission for appointment or promotion in accordance with these rules. 5 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota VI. Notice of Examination A. For entry-level positions,promotions and the position of Chief, the Commission shall establish a deadline date for submission of applications for examination. At least ten days before the deadline for submission of applications,the Commission shall cause notices to be published in the official city newspaper. Notices may also be published in any additional publications or aired on any broadcast medium which the Commission may designate at its discretion. B. Public advertisements of all examinations shall be publicly advertised at least ten days in advance in a newspaper of general circulation in the city and posting the advertisement for ten days in the city hall and at each station house. C. At least ten days before the examination, notice of the date, place and time of examination shall be mailed to all eligible applicants and posted at Shakopee City Hall and the Police Department facility. D. With regard to sworn, licensed peace officer positions,the Commission may elect to obtain the names of qualified candidates from recruitment entities. VII. Application A. Applications must be filed on forms prescribed by the Commission or recruitment entity before the deadline date set in the announcement of the examination. The Commission may require the candidate to furnish such reasonable additional information as it deems necessary regarding the candidate's health, character,qualifications and ability to meet the requirements of and fill essential job functions. B. Applications shall be retained until the expiration of the eligible register on which the name of the eligible candidate appears. However, applications of persons appointed to positions within the department shall be retained permanently. VIII. Rejection of Applications 6 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota A. The Commission may reject an application for any of the following reasons: 1. Failure to meet the minimum application requirements or applicable P.O.S.T. Board mandated standards. 2. Past record of criminal conviction, disgraceful conduct or loss of peace officer's license. 3. Providing false information. 4. Incomplete information as requested on application. 5. Formal dismissal for cause from public or private service or a negotiated resignation in lieu of termination. 6. Failure to comply with the rules and requirements of the Commission. 7. Previous unsuccessful application(s)by the same applicant for the same position within a two-year period. The term"unsuccessful application"means that the commission has previously considered and rejected the applicant for the same position. 8. More than two"at fault"motor vehicle accidents within two prior years. 9. Documented instances of misconduct in employment. 10. Documented instances of undesirable work habits. 11. Documented pattern of conduct that indicates the applicant may not succeed as a Shakopee Police officer. 7 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota IX. Examinations A. Examinations administered by the Commission may be written, oral, or in the forms of a demonstration of fitness or skill, or any combination of these which, in the judgment of the Commission,will best serve to determine the relative fitness and ability to perform the duties of the positions for which the applicant(s) seeks appointment, reinstatement, or is serving in,respectively. B. Examinations administered under this section may include part or all of, but are not limited to,those set forth in Section XI of the Rules. X. Eligible Register A. After examinations have been graded,the Commission shall notify all candidates of the results and shall inform all candidates who pass the examination of the right of veterans to preference in accordance with applicable Minnesota Statutes. B. The names of all candidates who pass the examination shall be placed on an eligible register for two years ranked according to their total weighted scores, subject to the provisions of Veteran's Preference Laws and rights for new employees in accordance with Minnesota Statutes. C. The life of the eligible register shall be two years; but, whenever in the judgment of the Commission an emergency exists at the end of such period making it inadvisable to conduct another examination at that time, the life of the eligible register may be extended by the Commission for a period not to exceed one year. No applicant's name shall remain on the eligible register during the extension period without a new application from such applicant. D. The names of candidates properly listed on an eligible register at a time when the Commission deems it necessary to create a new eligible register shall be co-mingled and ranked with the names of new candidates according to procedure set forth above and shall be removed two years from the date the candidate originally became eligible or when the 8 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota Commission deems necessary it may strike any name from the eligible register after it has been on the register for one year. A candidate properly listed on the eligible register who takes a subsequent examination for the same position shall be ranked according to the score on the subsequent examination. Notice of subsequent test shall be given in accordance with Section VI, Subsection C, to candidates on any existing register. E. Candidates shall be advised of any change in status. F. Documentation will be maintained by the Commission on each examination process. XI. Certification/Medical, Psychological and Physical Examinations/Background Investigations/Oral Interview A. When a vacancy exists in the Department,the names of the three persons standing highest on the eligible register shall be certified in alphabetical order by the Commission to the Appointing Authority. Scores shall be provided when requested by the appointing authority. The three persons shall submit to the examinations and investigations prescribed in Subsection B of this section. The name of a candidate failing the examinations specified in Subsection B shall be removed from further consideration except as otherwise provided in Subsection B. In case of such removal,the Commission shall certify the candidate(s) standing next highest on the eligible register and continue to do so until three candidates have passed all examinations prescribed in Subsection B. The results of each examination shall be reported to the Commission and the Appointing Authority. 9 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota B. Candidates shall: 1. Submit to an"Agility/Strength/Stamina"examination specified by the Commission and administered by the designee of the Appointing Authority; and 2. Submit to a medical examination specified by the Commission and performed by a physician selected by the Appointing Authority and approved by the Commission. Where the examining physician recommends that a disqualifying health effect can be corrected,the applicant's name shall be removed from the eligible register until the defect has been corrected. The applicant shall have a reasonable time as specified by the Commission to correct the health defect and shall be personally responsible for the medical and hospital expenses necessary to meet the health standards established by the Commission. The applicant's name shall be returned to its former standing on the eligible register following correction of the defect. 3. Submit to be examined by a qualified psychologist, approved by the Commission, who shall evaluate and report on the applicants' intellectual characteristics, emotional organization, learning attainment and ability, human relations skills, integrity, insight, performance characteristics, goals and motivations; said psychologist shall recommend favorably or unfavorably on the applicant's ability to perform the duties of the position. 10 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota 4. Submit to a background investigation prescribed by the Commission and conducted by the Appointing Authority's designee. 5. Submit to an oral interview as prescribed by the Commission. Interview may be tape recorded only with the prior knowledge of the participants. 6. Submit to or partake in other relevant examinations or exercises designed to assist in evaluating candidates potential or qualifications for the position. XII. Appointment A. When the candidates have completed and passed the examinations set forth in Section XI,the Appointing Authority shall appoint the candidate who, in the opinion of the appointing authority, is best qualified. B. The Appointing Authority,with the consent of the Commission, may reject all candidates submitted. C. The rejected candidates' names shall be returned to the eligible register unless the reason for rejection is one set forth in Section VIII of the Rules. D. The name of the candidate appointed shall be stricken from the eligible register and transferred to the service register. 11 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XIII. Probationary Period A. The probationary period for newly appointed police officers will be one (1)year. The probationary period for all other employee classifications will be six(6)months. B. The Appointing Authority may remove or discharge the appointee without cause during the probationary period. C. After completion of the probationary period,the appointee may be removed only for just cause. D. A candidate for a promotion who is found to be unsatisfactory at the new skill level or who resigns the new classification during the probationary period shall return to the candidate's former position. E. If, in the opinion of the Appointing Authority, it is necessary to extend the probation of a newly appointed or promoted employee, such an extension shall be no longer than six months. During this extension the employee will receive any applicable salary adjustments and the time in grade will be recognized for purposes of seniority. F. With regard to the appointment or promotion of sworn, licensed personnel, it is the intent of the Commission to at all times be in compliance with the applicable standards and mandates of the P.O.S.T. Board. 12 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XIV. Temporary Appointments A. In case of emergency,the Commission may be requested by the Appointing Authority to certify names for appointment to a temporary position. The commission shall certify the name of the individual standing highest on the eligible register who is willing to accept such temporary employment. B. If there is no eligible register, or no one on the eligible register is willing to accept such temporary employment,the Commission may certify the name of any other qualified person. C. No temporary employment shall continue for a period longer than 30 days, nor shall successive temporary employment be permitted for the same position, except as permitted by law. XV. Provisional Appointments A. Upon receipt of a requisition from the Appointing Authority for certification to a position for which there is no eligible list,the Commission may grant authority to the Appointing Authority to fill such position by a provisional appointment. B. A provisional appointment shall remain in force until a certified replacement is available. Within 60 days after granting a provisional appointment,the Commission shall hold an examination for such position. C. In no case shall a provisional appointment remain in force longer than 90 days except that at the end of 90 days, an extension not to exceed 90 days may be made by the Commission. 13 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XVI. Promotions A. Competitive examinations for all duly authorized positions shall be open to all eligible candidates. B. The final position on the eligible register shall be based on competitive examination and upon records of efficiency, character, conduct, seniority, and any other relevant factor in or outside the department which the Commission deems appropriate. Persons qualifying for promotions shall be subject to the examinations and investigations as are set forth in Section XI. XVII. Discharges/Terminations A. No employee, after satisfactory completion of probation, shall be discharged except for cause, according to the following procedure, in accordance with Minnesota Statutes Section 419.11 and 419.12: 1. Written charges against the employee shall be filed with the Secretary of the Commission by a superior officer, or in the case of the Chief, by the Appointing Authority through the City Administrator. 2. Such charges shall be investigated by the Commission. 3. The accused employee shall be provided an opportunity to be heard in his/her defense before the Commission after ten days written notice to the accused, setting forth the charges as filed. 4. Trial of these charges shall be open to the public and each Commissioner shall have the power to issue subpoenas,to administer oaths and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The Commission shall require by subpoena the attendance of any witness requested by the accused who can be found in Scott County. The Commission may make complaint to the District Court regarding disobedience of its subpoenas or 14 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota orders under this section,and the court shall prescribe notice to the person accused and require him/her to obey the Commission's subpoena and order, if found within the lawful powers of the Commission, and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the District Court, except that any officer,agent, or employee of the City who receives compensation for his or her services, shall not be entitled to fees or mileage. 5. A final decision shall be rendered by the Commission. B. If after investigation and trial by Civil Service Commission, as herein provided, an employee is found guilty of breach of duty or misconduct, the employee may be removed, reduced, or suspended and the employee's name may be stricken from the service register. If the Commission determines that the charges are not sustained,the accused, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension. C. Findings and determinations hereunder and orders of suspension, reduction, or removal, shall be in writing and shall be filed within three days after the completion of such hearing with the Secretary of the Commission and it shall be the duty of the Secretary to notify such employee of the decision in writing. The findings and decision of the Commission shall be forthwith certified by the Secretary to the Chief of Police or the Appointing Authority and shall be forthwith enforced by such officer. D. Any person suspended, reduced, or removed by the Commission after investigation may appeal from the order to the appropriate Court by serving written notice thereof upon the Secretary within ten days after the filing of the order or the receipt by the employee of written notice of the order as above provided. Within five days thereafter,the Secretary shall certify to the Clerk of the aforementioned Court,the record of the proceedings, including all documents,testimony, and minutes. 15 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XVIII. Lay-Off A. Whenever it becomes necessary, for lack of work or funds,or for other causes,to reduce the number of personnel in the department, the Appointing Authority shall notify the Commission in writing, at least six weeks in advance, giving the number of positions to be vacated and the reasons therefore. B. The Commission shall furnish in writing the name(s)and appointment dates of the employee(s)holding the positions indicated. XIX. Suspension A. Any employee of the Department may be suspended by the Commission without pay for disciplinary purposes, or with or without pay pending investigation of the actions or conduct which may result in a cause for discharge or reduction. If the Commission shall determine that the charges are not sustained,the accused, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension. 16 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota B. Notwithstanding the foregoing,the Chief may suspend, with or without pay, any employee for a period not exceeding 60 days and other supervisory personnel may, in accordance with procedures established by the Chief, impose emergency suspensions for a maximum of ten days for purposes of discipline or pending investigation. The Chief or his designee shall notify the Commission, in writing of all suspensions within five days. C. A suspended employee may within five days of being notified of a suspension,request in writing to the Secretary of the Commission, a formal Commission review of the suspension. The written request shall set forth the nature of the employee's objection to the action taken by the superior. The Commission, after receiving the employee's written request shall proceed as set forth in Section XVII of these rules. D. Any employee, who is absent from duty more than three consecutive working days without securing leave from his/her superior, or without notifying the superior of the reason for the absence and the time he/she expects to return, shall be suspended. XX. Transfer/Reductions A. The transfer of an employee from a position in one class to another position in the same class,where both positions carry the same rate of compensation, shall be called"an assignment." B. An assignment may be made by the Chief,who may assign such employees as are qualified by ability and experience to such posts,tasks and duties as are necessary for the efficient operation of the department. XXI. Leaves of Absence The Commission may grant any regular employee a leave of absence without pay for a period of not more than 90 days for career advancement, or for personal or family situations. An employee on leave of absence may not work for another employer or pursue self-employment. An employee who fails to return to work at the specified ending date of a leave of absence shall be considered absent from duty. 17 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XXII. Resignations A. An employee who wishes to resign in good standing shall give the Chief written notice of at least fourteen days,with a copy of the notice mailed to the Commission. B. If an employee resigns without giving the required notice, such failure may be considered by the Commission to be sufficient reason for rejecting any future application from the employee. XXIII. Reinstatement A. The name of an employee who has been laid off in accordance with these rules shall be placed on the reinstatement eligibility register and shall be eligible for reinstatement to positions of the same class and grade as the position from which layoff took place. B. A name placed on the reinstatement eligibility register shall remain on the list for one year. An employee whose name is on the reinstatement register may extend his or her eligibility for an additional year by submitting an application to the Commission requesting the extension within 30 days of the end of the original one-year period. C. Persons whose names appear on the reinstatement register shall be reinstated in the reverse order of layoff. D. When vacancies occur, appointment shall be made from the reinstatement register before certification from any other register. XXIV. Retirement A. Retirement is mandatory when an employee is unable to meet minimum physical and/or psychological standards for reasons other than service connected injuries. 18 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XXV. Amendment of Rules A simple majority of all of the Commissioners may amend these rules and regulations provided that notice of such intent, together with the substance of the proposed amendment, has been presented at the last preceding meeting of the Commission. XXVI. Classification of Positions A. The Commission recognizes that for the Department to operate in an efficient and responsive manner a variety of position classifications must be created. It is further recognized that some of these classifications will be promoted positions and others assigned as previously alluded to in the Rules and Regulations. B. Position descriptions for all classifications within the Shakopee Police Department are contained in Appendix 1 of these Rules and Regulations. 19 Rules and Regulations Police Civil Service Commission City of Shakopee, Minnesota XXVII. Appendix 20 DRAFT Timeline for Victim & Community Service Coordinator Process January 6 Job Description Approved by Council January 8 Submit Legal Notice to Shakopee Valley News January 15 Legal Notice Appears in Shakopee Valley News Job Ad Appears in Shakopee Valley News January 30 Application Deadline Feb 2—13 Review of Applications Feb. 5 Submit Notice of Testing Dates to Shakopee Valley News Feb. 12 Notice of Testing Dates Appears in Shakopee Valley News Feb. 13 Interview Notices Mailed to Candidates Feb. 26& 1st Round Interviews March 3 Week of 2nd Round Interviews March 16 March 23- Background Check April 3 April 6—10 Pre-Employment Physical & Psychological Exams April 13 Two-Weeks Notice to Candidate's Current Employer April 27 Projected Start Date