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HomeMy WebLinkAbout20100115 Charter PCSC To: Charter Commission Cc: City Council Dave Osberg From: Melanie Mesko Lee Date: January 21, 2010 Re: Background Information on the Current Police Department Structure During the commission?s meeting on January 13, the mayor?s request to consider the current Section 3.06: Mayor-Law Enforcement structure of Charter was discussed. Currently, the charter creates a department structure for the police department whereby the Mayor is the head of the department. All other City departments fall under the supervision of the City Administrator, who is the chief administrative officer of the City. The commission requested additional information on the current structure of the police department, how the City of Hastings structure compares to other cities, and general background on the topic. Historical Structure 1858 City police force established; mayor could appoint two ?suitable persons? to act as policemen 1938 By a 4-3 vote, the police and fire were placed under the civil service commission; the directive was ruled null & void by the AG in May 1959 The police civil service commission had its final reading in November and thus the commission was established in 1959 Current Structure : ? Hastings? police civil service commission established under Mn Stat 419 ? Mayor is the appointing authority (with Council confirmation) of the PCSC members ? The Police Chief reports to the Mayor Other Communities Of the 33 communities the City compares itself to for compensation market review (which are cities in the seven county metro with a population between 15,000 ? 35,000 and who report salaries in the League of Minnesota Cities? salary report): ? 11 have police civil service commissions ? None have a mayor who is the head of the Police Department ? All have Police Chief which reports to City Administrator/City Manager Unique Opportunity to Consider Realignment of Department Structure ? Ability to modernize departmental structure ? Mayor is removed from day-to-day departmental issues ? City Council retains the right to appoint and remove department heads ? Create similar structure as other City departments ? All department heads would report to City Administrator Police Civil Service Commission In addition to the charter structure of the department, the City has a Police Civil Service Commission. Below is a list of the purpose of the commission, taken from the Police Civil Service Commission rules & regulations. As the issue of the Charter Commission?s consideration of the Mayor-Law enforcement is discussed, a natural discussion seems to be the impact on the police civil service commission. Each issue is independent of each other; that is, theoretically one can essentially exist without the other, yet they are naturally interconnected. The issue of a police civil service commission is an issue for the City Council to consider. The structure of the department (Mayor-Law Enforcement) defined in the City Charter is one for the Charter Commission to consider. PCSC Purpose Current City Policy To classify positions of like duties and This already exists as a result of our current responsibilities into classes so that for classification and compensation system in personnel purposes all persons within such place for all positions classes will be treated alike. To provide fair treatment for all the employees This is addressed in personnel policy, as well in order to secure and retain competent as accepted best practices in hiring employees. employees in the department. The City of Hastings is an equal opportunity employer To aid appointing authorities in the selection of Current hiring practices comply with competent employees for the efficient recommended best practices and seek to performance of department functions. determine the best hire recommendation To protect employees against political Police department is the only one in the City interference in their positions. which the department head reports directly to an elected official, as opposed to the City Administrator To give fair and equal opportunity to all This is addressed in personnel policy, as well qualified citizens to enter employment in the as accepted best practices in hiring process* department on the sole basis of merit and fitness, as determined by means of job-relevant competitive examinations.* To create a police system which shall, as far as This is a goal of the City for all employees. practicable, be made attractive as a career, and which shall encourage each employee to render his/her best service in willing compliance with the provisions of Minnesota Statutes Chapter 419, as amended. *There are various state and federal laws that may apply to a city at various points in the hiring process. Additional resources regarding hiring/personnel issues : ? City Charter provides direction that employees are to be hired on the basis of merit and/or fitness alone ? City has a personnel policy that applies to all employees and which governs a fair, impartial hiring and discipline process ? The Board of Peace Officer Standards and Training (POST) sets the minimum selection standards for state licensing of police officers. POST also places specific obligations on the chief law enforcement officer (CLEO) of a city with respect to creating and maintaining documentation on a city?s selection process ? Other safeguards: Union Contract o PELRA ?requires that all union contracts include a grievance procedure providing for o compulsory binding arbitration of grievances, including all written disciplinary actions. Veterans Preference ?once notified of an intent to terminate, written notice of right to o request a hearing within 60 days (with pay). Loudermill hearing?the purpose is to provide an employee an opportunity to present his o side of the story before the employer makes a decision on discipline. Written notice of charges and employer evidence must be provided. Tennessen Warning?used when an employee is asked to supply private or confidential o data Garrity Warning?an employee statement obtained under threat of removal from office o cannot be used in subsequent criminal proceedings Police Officer Discipline Procedures Act? requires cities follow certain procedures o when, during the course of an investigation allegation against a licensed peace officer, it is necessary to take a formal statement of that officer. POST? requireswritten procedures for how complaints will be handled o Constitutional due process considerations?employee notice of the allegations and o opportunity to respond prior to final action. In certain instances, particularly where there are allegations that the employer has o violated federal antidiscrimination laws, an employee may be able to file and pursue a grievance while also pursuing a remedy through a different procedure. Current structure can be cumbersome and clumsy to comply with, as evidenced in recent personnel situations the last several years. ? From Margaret Skelton, City?s personnel attorney: ?As discussed, the City of Hastings has a cumbersome discipline procedure for police officers. At a later date, we may want to discuss changes to streamline this procedure.?