HomeMy WebLinkAbout20101004 - VIII-C-3
City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: David M. Osberg, City Administrator
Date: September 30, 2010
st
Item: 1 Reading and Schedule Public Hearing to Consider Ordinance Amendment
Abolishing the Police Civil Service Commission and Creating a Public Safety
Advisory Commission
Council Action Requested:
It is recommended that the City Council take action adopting the first reading of the attached
Ordinance Amendment abolishing the Police Civil Service Commission and Creating a Public
nd
Safety Advisory Commission, and to schedule the 2 Reading for the City Council meeting
scheduled for Monday November 1, 2010.
Background Information:
Last spring the City Charter Commission, Police Civil Service Commission, the City Council
Public Safety Committee and the full City Council conducted significant discussion on various
components relating to the Hastings Police Department. In particular, numerous actions were
taken that resulted in the recruitment and hiring of the new Police Chief, with Paul Schnell
starting as the new Police Chief on June 28, 2010. Furthermore, the Charter Commission
completed the necessary action recommending to the City Council a charter provision that
removed the Mayor as head of the Police Department, placing the City Administrator as the head
of the Police Department and Supervisor to the Police Chief. The City Council completed the
necessary ordinance amendments to implement the recommended actions of the City Charter
Commision. At that time of these discussions, the Police Civil Service Commisison and City
Council were in agreement that upon completion of the Police Chief hiring and Charter
Amendements, action should be initiated that would result in the abolishment of the Police Civil
Service Commission and create an advisory commission that would provide input and direction
on certain police matters.
Since that time, Assistant City Administrator Melanie Mesko Lee, Fire Chief Mike Schutt, Police
Chief Paul Schnell and I have had several conversations about the creation of the new advisory
commission. As there is a close relationship between the community and the Police and Fire
Departments, as Staff, we were in agreement that there seem to be merit in having both the Police
and Fire Department fall under the advisory commission duties, and thus the recommendation
that the Commission be called the "Public Safety Advisory Commission".
Note under the power and duties, Section (a), which states: "Carry out their stated mission to
enhance the awareness of police and fire department capabilities and services; provide an
opportunity for citizen involvement in police and fire services and to encourage exchange
between the police and fire departments in the community.
Additional noteworthy sections of the ordinance include:
1.) Seven members, with one member being a youth member. (No City Councilmembers)
2.) Terms will be for two years, with the initial appointment including up to three serving an
initial term of one year, and up to four serving two year terms.
3.) At least three meetings a year will be conducted.
The proposed ordinance amendment also includes language to section 31.16: City Administrator,
which removes exemptions to Police Department operations; this ensures consistency with the
charter change earlier this year and the proposed abolishment of the Police Civil Service
Commission.
Financial Impact:
The Financial impact will be nominal, as members will serve without pay. Additional expenses
incurred may include periodic copying and meeting room space.
Advisory Commission Discussion:
All members of the Police Civil Service Commission were present at a meeting conducted on
Thursday September 23, 2010 and unanimously supported the abolishment of the Police Civil
Service Commission and the creation of the Public Safety Advisory Commission.
Council Committee Discussion:
All members of the City Council Public Safety Committee (Councilmembers Danna Elling
Schultz, Tony Nelson and Joe Balsanek were present) at a meeting conducted on Monday
September 27, 2010 and unanimously supported the abolishment of the Police Civil Service
Commission and the creation of the Public Safety Advisory Commission.
Attachments:
Proposed ordinance amendment
ORDINANCE NO. 2010- - THIRD SERIES
,
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING CHAPTER 30 AND 31 OF THE HASTINGS CITY CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS:
Sections 30.07 and 31.16 of the Hastings City Code shall be amended as follows. Section
30.07 shall be deleted in its entirety and replaced as follows:
§ 30.07 POLICE CIVIL SERVICE COMMISSION.
(A) Establishment. The Police Civil Service Commission, composed of 3 members, is
hereby established.
(B) Duties. The Commission shall have absolute control and supervision over the
employment, promotion, discharge, and suspension of all officers and employees of the Police
Department. The Commission shall grade and classify all of the employees and a service register
shall be prepared for the purpose, in which shall be entered, and their classes, the names, ages,
compensation, period of past employment, and the other facts and data with reference to each
employee as the Commission may deem useful. The Commission shall also 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 the data and information as the Commission deems necessary and useful.
(C) Rules for Police Department. The Commission shall make, amend, alter, and change
rules to promote efficiency in the Police Department service and to carry out the purposes of this
section. Copies of the rules shall be kept posted in a conspicuous place at each police station, and
no rules of general application with reference to employment, promotion, discharge, or
suspension shall be effective until so posted. The rules shall provide among other things for the
following:
(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 10 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) Provide by rule for striking any name from the eligible register after it has been 2
years thereon;
(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 misrepresentation, deception, or fraud in connection with
their applications for employment;
(7) The certification to the Mayor of the 3 names highest on the appropriate list to fill
any vacancy;
(8) Temporary employment without examination, with the consent in each case by the
Commission, in cases of emergency but no such temporary employment shall 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;
(11) Such other rules not inconsistent with the provisions of this section as may, from
time to time, be found necessary to secure the purposes of this section; and
(12) When a disparity exists between the makeup of the Police Department and its
approved affirmative action goals, the Commission may certify up to 2 eligible candidates from
each protected group for which a disparity exists. This certification is in addition to the 3
candidates certified under division (C)(7) above. This expanded certification may not include a
member of a protected group if a member of that group is 1 of the 3 candidates certified under
division (C)(7) above. Certifications under this division (C)(12) 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.
(D) Officers discharged only after hearing. No officer or employee other than a peace
officer, after 6-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 M.S. §§ 626.843 through 626.852, as they
may be amended from time to time, 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.
The charges shall be investigated by or before the Civil Service Commission. The findings and
decision of the Commission shall be forthwith certified to the chief or other appointed or superior
officer, and will be forthwith enforced by the 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 the
suspension advisable.
(E) Rules and standards. The Commission shall ascertain the duties of each office,
position, and employment in the police protection service, 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 examination thereto.
(F) Examinations. All examinations shall be impartial, fair, and practical and designed
only to test the relative qualifications 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.
(G) Notice of examinations. Notice of the time, place, and scope of each examination shall
be given by publication and posting as specified in the rules, and by mailing the notice to each
applicant upon the appropriate list of the application register 10 days in advance. 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. No name
shall remain upon the eligible register more than 2 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.
(H) 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 10-days’ written
notice to the accused. The 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. 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.
(I) Suspension and removal; reinstatement. If, after investigation and trial by Civil Service
Commission, as herein provided, an employee is found guilty of inefficiency, breach of duty, or
misconduct, the employee may be removed, reduced, or suspended. The employee’s name may
be stricken from the service register. 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. Findings, determinations, and orders
of the Commission for suspension, reduction, or removal, shall be in writing and shall be filed
within 3 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 from the order to the District Court
by serving written notice thereof upon the Secretary within 10 days after the filing of the order or
the receipt by the employee of written notice of the order as above provided. Within 5 days
thereafter, the Secretary shall certify to the Clerk of the District Court, the record of the
proceedings, including all documents, testimony, and minutes. The case shall then be at issue and
shall be placed on the calendar by the Clerk to be tried before the Court without jury at the next
general term hereof to be held in the county where the city is located at the place nearest the city.
The question to be determined by the Court shall be: “Upon the evidence, was the order of the
Commission reasonable?” After trial in the District Court, an appeal may be taken from the
decision thereof to the Supreme Court by the employee or the Commission in the same manner as
provided for other court cases.
(J) Certain acts a misdemeanor. An applicant for examination, appointment, or promotion
in the Police Department service 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 be subject to suspension or removal. Any
officer or employee of the Police Department 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 or
employee in the Police Department, shall be guilty of a misdemeanor.
(K) Appointments. The Mayor may, but is not required to, appoint or promote persons to
vacancies existing in the Police Department, but any person so appointed or promoted shall be a
person certified.
(Prior Code, § 2.13)
§ 30.07 PUBLIC SAFETY ADVISORY COMMISSION.
(A) Establishment. The Public Safety Advisory Commission is hereby established.
(B)Powers & Duties. The Commission shall be an advisory commission to the
city council pertaining to public safety programs of the City as shall be referred to the
Commission by the Council or as the members of the Commission deem appropriate. In
addition, the commission shall:
(a) Carry out their stated mission to enhance the awareness of police and fire
department capabilities and services; provide an opportunity for citizen
involvement in police and fire services and to encourage exchange between
the police and fire departments and the community.
(b) Submit to the city council annually a report of the activities of the
commission during the previous year; and
(c) Perform other functions as needed to carry out these duties and
responsibilities as directed by the city council and to act in an advisory
capacity to the city council.
(C) Composition. The commission will consist of up to seven regular members all of
whom shall be residents, and non Council members and one youth member 14-18 years
old, who shall attend one of the schools serving the Hastings community. All members
are appointed by the City Council.
(D) Staff Advisor. The Chief of Police and Fire and EMS Director shall serve as
advisors to the commission.
(E) Commission Chair. The Commission shall select a chair from among the
membership. Should the chair resign, the vacancy shall be filled by the commission for
the balance of the incomplete term.
(F) Term. The members of the initial Commission shall serve the following terms:
Up to three shall serve one year terms and up to four shall serve two year terms.
Thereafter, members of the commission appointed by the Council shall serve for a term
of two years, beginning January following the year of appointment. A person appointed
to fill the a vacancy due to resignation of a member or otherwise, shall complete the term
of the person replaced..
(G) Meetings. The commission will hold at least three meetings per year. It may
make rules and guidelines and shall keep a record of its meetings, recommendations, and
referrals, along with the vote of each commissioner. This record shall be a public record.
A majority of appointed commissioners shall constitute a quorum. Each commissioner
shall have one vote on issues before the commission.
(H) Expenses. Commissioners shall serve without pay, but may be reimbursed for
actual expenses if authorized by the City Council.
Chapter 31.16 shall be amended as follows:
§ 31.16 CITY ADMINISTRATOR.
(A) Office created. The Office of City Administrator is hereby created. The City
Administrator shall be appointed by the Council on the basis of his or her training,
experience, and administrative qualifications.
(B) Duties. The duties of the City Administrator shall be as follows:
(1) Exercise control and supervision over all departments of the city (except the
Police Department) and coordinate the activities of consultants and advisory bodies.
Exercise control and supervision of the Police Department in accordance with the
direction of the Mayor;
(2) Exercise control over all departments of the city except the Police
Department; appoint and remove all employees of the city, except the Police Department
and department heads, upon the basis of merit and/or fitness alone. Department heads
may be appointed or removed by the City Administrator only after receiving Council
approval. The City Administrator shall make recommendations for the suspension and
termination of department heads, except the Police Chief, and may suspend any
department head, except the Police Chief, until the next Council meeting when the
Council shall affirm, modify, or rescind the suspension. The City Administrator shall act
as the personnel officer and shall be responsible for the implementation of the city’s
personnel policy;
ALL OTHER SECTIONS SHALL REMAIN UNCHANGED
Council member _____________________ moved a second to this Ordinance, and upon
being put to a vote it was adopted by all Council members present.
Adopted by the Hastings City Council on this day of
, 2010, by the following vote:
Ayes
Nays:
Absent:
CITY OF HASTINGS
Paul J. Hicks, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk