Chapter 2.125
CIVIL SERVICE FOR POLICE OFFICERS AND FIREFIGHTERS
Sections:
Article I. Generally
2.125.010 Scope – Terms of labor contract collective bargaining agreement to take precedence.
2.125.020 Departmental regulations.
Article II. Civil Service Commission
2.125.030 Created – Terms – Technical advisor – Quorum.
2.125.040 Oath.
2.125.050 Meetings – Support.
2.125.060 Control of exams – Nature of exams.
2.125.070 Annual and special reports – Rules and regulations.
2.125.080 Notification of vacancies.
2.125.090 Certification of applicants.
2.125.100 Equal opportunity.
2.125.110 Striking eligibles from list.
2.125.120 Removal of persons from employment.
2.125.130 Hearing powers.
2.125.140 New applicants for police and fire positions to submit to exam.
2.125.150 Probationary period for police.
2.125.160 When probationer does not receive permanent appointment.
Article III. Classification and Pay Plan
2.125.170 Rate of pay – Determined by position.
2.125.180 Rate of pay – Salary increases and decreases.
2.125.190 Effective date of salary increase.
2.125.200 Promotions.
2.125.210 Hours of work.
2.125.220 Notice of termination.
2.125.230 Pay on termination.
2.125.240 Effect of reemployment within 120 days.
Article IV. Grievances
2.125.250 Defined.
2.125.260 Conference with supervisor.
2.125.270 Appeal from supervisor’s determination.
2.125.280 Contents of appeal.
2.125.290 Determination of appeals.
Article V. Compulsory Physical Examinations
2.125.300 By physician upon request.
2.125.310 Report of physician – Retirement.
2.125.320 Request for reexamination.
2.125.330 Reexamination by three physicians.
2.125.340 Report of reexamining physicians – Action by city medical advisor.
2.125.350 Frequency of examination.
Article VI. Disciplinary Action
2.125.360 Authority of department heads.
Article VII. Personnel Records
2.125.370 Duty of chiefs to maintain payroll records.
2.125.380 Personnel records to be kept.
2.125.390 Performance rating to be made annually.
2.125.400 Ratings to be made part of personnel record.
2.125.410 Inspection.
2.125.420 Violation of article deemed misdemeanor.
Cross References: Police department, TMC 2.25.230 and Chapter 2.120 TMC, Article I; fire department, TMC 2.25.240 and Chapter 2.115 TMC; personnel rules and regulations, Chapter 2.30 TMC; civil service for firefighters, Appx. A, § A6-16 et seq.
Article I. Generally
2.125.010 Scope – Terms of labor contract collective bargaining agreement to take precedence.
All persons employed as civil service personnel of the fire and police departments shall be subject to the rules and compensation policies set forth in this chapter. When the terms of any collective bargaining agreement between the city and employees governed by this chapter are inconsistent with the provisions of this chapter, the terms of the collective bargaining agreement shall take precedence. No salary adjustments provided within an ordinance shall be or become effective for any employees subject to an existing labor contract during the term of such contract or negotiations. (Ord. 17291 § 2, 7-28-98; Ord. 16514 § 1(31-202), 9-15-92. Code 1995 § 106-26.)
2.125.020 Departmental regulations.
The head of any department may formulate in writing reasonable administrative regulations for the conduct of the department, which shall be available to all departmental employees. Nothing in this chapter shall be construed as granting any department authority to adopt regulations in violation of, or in conflict with, personnel regulations. (Ord. 16514 § 2(31-203), 9-15-92. Code 1995 § 106-27.)
Article II. Civil Service Commission
Cross References: Boards, commissions and committees, TMC 2.05.030 et seq.; city council – mayor, Chapter 2.15 TMC.
2.125.030 Created – Terms – Technical advisor – Quorum.
(a) A civil service commission is hereby established in the city. The mayor of the city shall appoint five civil service commissioners, who shall hold office for terms of four years. Members shall not serve beyond the end of their appointed terms. Upon expiration of a term the position shall remain vacant until a successor is appointed. To be eligible for appointment as a commissioner, an individual may not be an employee of the city and shall have at least three years of experience in a responsible position requiring knowledge of the legal issues involved in the hiring or disciplining of employees.
(b) The city manager shall designate a representative of the city to serve as a nonvoting member of the civil service commission. This nonvoting member will serve as a technical advisor to the commission. A quorum for conducting business is three voting members. (Ord. 18382 § 36, 1-25-05; Ord. 18149 § 20, 12-16-03; Ord. 16514 § 3(31-218), 9-15-92. Code 1995 § 106-41.)
2.125.040 Oath.
Before entering upon the duties of the office, each civil service commissioner appointee shall take and subscribe an oath, which shall be filed and kept in the office of the city clerk, to support the Constitutions of the United States and this state, to obey the laws and to endeavor to secure and maintain an honest and efficient force, free from partisan influence or control; and to perform the duties of office to the best of his ability. (Code 1981 § 31-219. Code 1995 § 106-42.)
Cross References: City clerk, TMC 2.25.110.
2.125.050 Meetings – Support.
(a) The city shall provide suitable rooms in which the civil service commission may hold their meetings, and shall supply such commission with all the necessary equipment, training and copies of current personnel and civil service regulations to properly attend to such business.
(b) The city attorney shall institute or defend any suit, action or proceeding on behalf of the civil service commission. The city attorney shall have direct access to any and all records which, in his opinion, are necessary for such suit, action or proceeding. No special counsel shall be retained to represent the commission except by the city attorney, and such special counsel shall serve solely under the city attorney’s direction. (Ord. 16514 § 4(31-220), 9-15-92. Code 1995 § 106-43.)
Cross References: City attorney, TMC 2.25.120.
2.125.060 Control of exams – Nature of exams.
The civil service commission shall control all examinations. With advice from the police chief, fire chief, technical advisor and city attorney, or their respective designees, the commission shall provide uniform rules with respect thereto, and shall hold such examinations as are necessary for the purpose of determining the qualifications and fitness of applicants for positions on the police and fire departments. All such examinations shall be practical and shall fairly test the fitness of applicants to discharge the position to which they seek to be appointed. No questions shall relate to religious faith or party affiliations. (Ord. 16514 § 5(31-221), 9-15-92. Code 1995 § 106-44.)
Cross References: City attorney, TMC 2.25.120.
2.125.070 Annual and special reports – Rules and regulations.
The civil service commission shall make an annual report to the city manager or city manager’s designee, and the city manager or the city manager’s designee may require special reports from the civil service commission at any time. The civil service commission may prescribe such rules and regulations for the proper conduct of the business of the commission as are found expedient and advisable. (Ord. 18382 § 37, 1-25-05; Code 1981 § 31-222. Code 1995 § 106-45.)
2.125.080 Notification of vacancies.
The chief of the fire department or the chief of the police department, whomever is applicable, shall immediately notify the chairperson of the civil service commission whenever a vacancy exists in any department, when the vacant position is one that may be filled by appointment only from the applicants examined by the civil service commission. (Ord. 16514 § 6(31-223), 9-15-92. Code 1995 § 106-46.)
2.125.090 Certification of applicants.
The civil service commission shall certify the names and addresses of eligible applicants to the fire chief or police chief, whichever is applicable, who shall make appointments only from such list so certified. Whenever the eligible list of the civil service commission contains fewer than double the number of applicants to fill the vacancy or vacancies existing, the personnel division shall advertise for applicants and the examination procedure shall commence as soon as practical thereafter. The civil service commission shall document why a candidate is or is not certified. What documentation is required will be decided by the city attorney and the technical advisor. The personnel director shall provide whatever support is appropriate to provide documentation. (Ord. 16514 § 7(31-224), 9-15-92. Code 1995 § 106-47.)
Cross References: City attorney, TMC 2.25.120.
2.125.100 Equal opportunity.
Applicants or employees shall not be discriminated for or against on the basis of race, religion, sex, national origin, political affiliation, or age, except as otherwise provided by law. Applicants or employees capable of performing the duties of a position shall not be discriminated against because of a physical handicap. (Ord. 16514 § 8(31-225), 9-15-92. Code 1995 § 106-48.)
2.125.110 Striking eligibles from list.
The civil service commission may strike from the eligible list the names of all applicants after they have remained thereon for more than one year and have failed to be appointed. (Code 1981 § 31-226. Code 1995 § 106-49.)
2.125.120 Removal of persons from employment.
All persons other than probationary officers subject to civil service examination may be removed from office or employment only upon charges preferred in writing for misconduct or failure to perform their duties; provided, however, that, pending the hearing of such charges, the respective department head may suspend with pay any such officer. All such charges shall be heard by the civil service commission after a copy of the charges has been transmitted to the person against whom filed and due opportunity has been given him to defend. The civil service commission shall, after hearing the evidence, either revoke, affirm or modify the order appealed from, and their action shall be final. (Code 1981 § 31-227. Code 1995 § 106-50.)
2.125.130 Hearing powers.
The civil service commissioners shall have the power to require by subpoena the attendance of witnesses and the production of books and papers, and the power to administer oaths. (Ord. 16514 § 9(31-228), 9-15-92. Code 1995 § 106-51.)
2.125.140 New applicants for police and fire positions to submit to exam.
All new applicants for positions in the police department and fire department of the city shall be required to submit to a civil service examination for position of police officer or firefighter. (Ord. 16514 § 10(31-230), 9-15-92. Code 1995 § 106-52.)
2.125.150 Probationary period for police.
All appointments other than the chief of police shall be for a probationary period of 18 months; provided, however, the probationary period for promotions shall be 12 months. If during such probationary period the conduct or capacity of the probationer is not satisfactory, then, and in that event, the chief of police shall forthwith notify the probationer and director of personnel human resources in writing that he the probationer will not receive permanent appointment; in the absence of such notice, such probationer shall forthwith receive permanent appointment at the expiration of the probation period. (Ord. 17291 § 4, 7-28-98; Ord. 16514 § 14(31-234), 9-15-92. Code 1995 § 106-55.)
Cross References: Department of human resources, TMC 2.25.160.
2.125.160 When probationer does not receive permanent appointment.
In the case of a patrol officer not receiving permanent appointment, employment shall cease immediately. In all other cases of employees not receiving permanent appointment, such employees may resume their former position and pay scale. (Ord. 17291 § 5, 7-28-98; Ord. 16514 § 15(31-235), 9-15-92. Code 1995 § 106-56.)
Article III. Classification and Pay Plan
2.125.170 Rate of pay – Determined by position.
All civil service personnel of the fire and police departments shall be paid at the rates prescribed for the position in which they are employed. (Code 1981 § 31-252. Code 1995 § 106-71.)
2.125.180 Rate of pay – Salary increases and decreases.
(a) The promotion of an employee to a class with a higher salary range shall include an increase in salary to at least the minimum for the new classification.
(b) If an employee is reclassified or demoted to a lower classification, the salary may be lowered, but in no event shall it be fixed at an amount greater than the employee was earning immediately prior to reclassification or demotion.
(c) All salary increases or decreases given for promotions or demotions, either voluntary or involuntary, shall be given in accordance with the rules and regulations promulgated by the personnel director to effectuate the provisions of the city personnel code, or as otherwise provided for in a labor agreement. (Ord. 16514 § 16(31-253), 9-15-92. Code 1995 § 106-72.)
2.125.190 Effective date of salary increase.
All salary increases and paydays shall be effective on a date specified in rules and regulations promulgated by the personnel director, or as otherwise provided for in a labor agreement. (Ord. 16514 § 17(31-256), 9-15-92. Code 1995 § 106-73.)
2.125.200 Promotions.
(a) Fire Department. All promotions of fire department personnel covered by this chapter shall be in accordance with Charter Ordinance No. 10 (Appx. A, Section A6-16 et seq.).
(b) Repealed by Ord. 19370. (Ord. 19370 § 84, 3-23-10. Code 1995 § 106-74.)
2.125.210 Hours of work.
All employees of the police department and the fire department shall work a basic schedule which shall comply with all provisions of the Fair Labor Standards Act and as the fire chief or police chief designates. (Ord. 16514 § 18(31-260), 9-15-92. Code 1995 § 106-75.)
2.125.220 Notice of termination.
(a) An employee who terminates employment voluntarily shall give a minimum of two weeks’ notice to the employee’s immediate supervisor or department head, unless a shorter period of notice is approved by the department head.
(b) An employee who is removed without cause shall be entitled to at least two weeks’ notice. The city may elect to grant two weeks’ pay in lieu of such notice. (Ord. 16514 § 19(31-277), 9-15-92. Code 1995 § 106-76.)
2.125.230 Pay on termination.
Any employee who is terminated or who voluntarily resigns shall receive their earned wages not later than the next regular payday upon which they would have been paid if still employed. (Code 1981 § 31-259. Code 1995 § 106-77.)
2.125.240 Effect of reemployment within 120 days.
If an employee who has been terminated in good standing is reemployed within a period of 120 days, he may be reinstated at not more than the salary such employee was receiving at the time of termination, and shall receive credit for all unused sick leave accrued at the time of termination. (Code 1981 § 31-270. Code 1995 § 106-78.)
Article IV. Grievances
2.125.250 Defined.
A “grievance” is a complaint by a permanent employee alleging a misinterpretation or misapplication of a practice or policy under the rules and regulations set out in this chapter or applicable provisions of the personnel code or rules and regulations of the personnel division that has a detrimental effect upon the employee. The departmental policies, rights and prerogatives of management inherent by virtue of law cannot be the subject of a grievance. (Ord. 16514 § 20(31-289), 9-15-92. Code 1995 § 106-91.)
2.125.260 Conference with supervisor.
Any employee who has a grievance shall confer with the employee’s supervisor within five working days of the incident causing the grievance. (Code 1981 § 31-290. Code 1995 § 106-92.)
2.125.270 Appeal from supervisor’s determination.
(a) If the grievance is not resolved, the employee may file an appeal in writing to an appeal officer, which shall be the division commander if the division commander is a higher rank than the employee’s supervisor, or to the management person to whom the employee’s supervisor reports if the employee’s supervisor is the division commander or higher rank. Such appeal shall be filed in writing with the appeal officer under this subsection within 10 calendar days following the meeting with the supervisor. The appeal officer to whom the appeal is addressed shall provide an opportunity for an oral presentation within five days of the grievance being forwarded to such person and shall render a written decision within five days following the date of the hearing.
(b) If a grievance is not resolved, the employee may file an appeal in writing to the chief of the fire department or to the chief of the police department, whichever is applicable. Such appeal shall be filed within 30 calendar days following the receipt of the decision under subsection (a) of this section. (Ord. 16514 § 21(31-291), 9-15-92. Code 1995 § 106-93.)
2.125.280 Contents of appeal.
Each appeal under TMC 2.125.270 shall contain the following:
(a) A brief and concise statement of the facts surrounding the complaint.
(b) The ordinance, regulation or policy the employee feels has been violated.
(c) The date of the incident causing the grievance and the date the employee conferred with the supervisor.
(d) A list of persons the employee intends to call as witnesses.
(e) A list of any documents or written evidence the employee intends to use to substantiate the grievance.
(f) The remedial action requested by the employee. (Code 1981 § 31-292. Code 1995 § 106-94.)
2.125.290 Determination of appeals.
(a) Response by the Chief. The chief shall respond to the grievant within 10 calendar days of the filing of appeal, stating the chief’s determination in the matter.
(b) Appeal from Determination by the Chief.
(1) In cases of suspension or in cases of termination, an aggrieved employee shall be granted 10 calendar days from receipt of the decision of the chief to file an appeal of the chief’s determination with either the division of personnel or with the civil service commission, but not both. In cases of lesser disciplinary action or cases involving an interpretation of rules and regulations, an aggrieved employee shall be granted 10 calendar days from receipt of the response of the chief to file an appeal with the personnel division.
(i) Upon receiving a grievance, the representative of the personnel division or the civil service commission, whichever is applicable, shall meet within 10 working days to consider the grievance and shall give not less than three working days’ notice in writing to the grievant and all interested parties of the time and place of such meeting.
(ii) If the grievance arises from an interpretation of rules and regulations, or if the grievance concerns a disciplinary action less severe than a suspension, the representative of the personnel department shall investigate and shall issue a ruling concerning the matter within 15 calendar days of receipt of the grievance.
(2) If the aggrieved employee does not consider that the ruling from the representative of the personnel division satisfactorily resolves the matter, the employee shall be granted five calendar days from receipt of the ruling from the representative of the personnel division in which to file a notice of intent to arbitrate with the division of personnel.
The representative of the personnel division shall request a listing of five arbitrators from the Federal Mediation Service, from which the parties shall select an arbitrator utilizing the alternative striking method. Fees and expenses for the arbitrator’s services shall be borne equally by the parties, except that the city shall pay for all fees and expenses for the arbitrator’s services if the grievance involves a disciplinary action.
(3) Hearings before an arbitrator or the civil service commission shall comply with the following rules:
(i) Hearings shall be closed to the public at the request of any party to that grievance. Transcribing costs of the hearing, if any, shall be paid by the party requesting the transcript. City costs of recording and transcribing shall be paid from a nondepartmental appropriation in the general operating fund for such purpose.
(ii) The arbitrator or the civil service commission, whichever applies, shall submit its findings to the employee and department head within 30 working days after the hearing, and its recommendations shall be binding. (Ord. 16514 §§ 22(31-293), 23(31-294), 9-15-92. Code 1995 § 106-95.)
Article V. Compulsory Physical Examinations
2.125.300 By physician upon request.
Any employee of the police or fire department shall submit to a physical examination to test the employee’s ability to perform his duties upon the written request of the chief of the department when there is reason to believe that a medical problem may exist which might limit the employee’s ability to perform the employee’s duties. Such written request shall specify the time and place of such physical examination. The physical examination shall be conducted by the physician designated by the city medical advisor, and the cost of such examination shall be paid by the city. Nothing in this section may be construed as limiting the right of the chief of the department to mandate periodic physicals for all sworn personnel. (Ord. 16514 § 25(21-321), 9-15-92. Code 1995 § 106-106.)
2.125.310 Report of physician – Retirement.
The report by the physician shall be immediately forwarded to a physician appointed by the personnel director, who shall be designated for the purposes of this chapter as the city medical advisor. If the city medical advisor determines that such employee is physically disqualified from properly performing the duties of a firefighter or police officer, and if reasonable accommodations cannot be provided, the employee shall be retired from service at the end of the month in which such determination is made by the city medical advisor if permitted under applicable pension plan, or terminated. (Ord. 16514 § 26(31-322), 9-15-92. Code 1995 § 106-107.)
2.125.320 Request for reexamination.
Any employee found to be physically disqualified from properly performing the duties as a firefighter or police officer shall have the right to reexamination by written request directed to the chief of the department. The written request for a reexamination shall be delivered to the chief of the department within 10 calendar days from the date the employee is notified of the finding of physical disqualification. (Ord. 16514 § 27(31-323), 9-15-92. Code 1995 § 106-108.)
2.125.330 Reexamination by three physicians.
The reexamination of an employee under this article shall be made within 20 calendar days from the date of delivery of the notice by the employee to the chief of the department. All costs of the reexamination shall be borne by the city. For the purposes of such reexamination, the employee shall designate one physician, the city medical advisor shall designate one physician, who shall not be the same physician who made the original examination, and the two physicians so designated shall designate a third physician. The employee affected and the city medical advisor shall appoint a physician within seven calendar days from the date of delivery of the notice demanding reexamination to the chief of the department. (Ord. 16514 § 28(31-324), 9-15-92. Code 1995 § 106-109.)
2.125.340 Report of reexamining physicians – Action by city medical advisor.
A written report of the reexamination, signed by each of the examining physicians, shall be filed with the city medical advisor. If the city medical advisor determines that the reexamination confirms the original finding as to physical disqualification, the original order of compulsory retirement shall remain effective. If the city medical advisor determines that the reexamination discloses that the employee is capable of properly performing as a firefighter or police officer, the employee shall be retained in the department without loss of time or pay. (Ord. 16514 §§ 29(31-325), 30(31-326), 9-15-92. Code 1995 § 106-110.)
2.125.350 Frequency of examination.
No employee of the police or fire department shall be subjected to more than one compulsory physical examination in any six-month period by the mayor or the chief of the department. (Code 1981 § 31-327. Code 1995 § 106-111.)
Cross References: City council – mayor, Chapter 2.15 TMC.
Article VI. Disciplinary Action
2.125.360 Authority of department heads.
Department heads shall have authority to discipline personnel up to and including termination for the serious, willful or repeated violation of personnel regulations or departmental regulations. (Ord. 16514 § 24(31-308), 9-15-92. Code 1995 § 106-121.)
Article VII. Personnel Records
2.125.370 Duty of chiefs to maintain payroll records.
It shall be the duty and responsibility of the chief of police and the chief of the fire department to cause to be made, kept and maintained a separate payroll record on each member of the department appointed under civil service. Payroll records will be kept according to the provisions of the personnel code. (Ord. 16514 § 31(31-354), 9-15-92. Code 1995 § 106-131.)
2.125.380 Personnel records to be kept.
The personnel division shall keep and preserve in a permanent form a full record of all proceedings pertaining to all police and fire employees for the full duration of employment and a minimum of three years after termination of employment. The chief of the fire department and police department shall be responsible for ensuring that these records are forwarded immediately to the personnel division upon their creation. (Ord. 16514 § 32(31-355), 9-15-92. Code 1995 § 106-132.)
2.125.390 Performance rating to be made annually.
It shall be the duty and responsibility of the chief of police and the chief of the fire department to cause an appraisal of the performance of each member of the department at least once a year by the division chief or immediate supervisor of each member of the department appointed under civil service. The chief of police and the chief of the fire department shall endorse on each appraisal their personal appraisal of each individual member of the department or any comments pertinent thereto. They shall also see to it that each appraisal is discussed with the person being appraised, the purpose of these discussions being to constructively develop the appraised employee to improve job performance and potential for advancement. (Code 1981 § 31-357. Code 1995 § 106-133.)
2.125.400 Ratings to be made part of personnel record.
The periodic appraisals required by TMC 2.125.390 shall be made a part of the permanent personnel file of each individual member of the department and shall be considered whenever a member of the department is subject to promotion, demotion, dismissal or a major change of assignment. (Code 1981 § 31-358. Code 1995 § 106-134.)
2.125.410 Inspection.
The records kept under this article are subject to the exclusionary provisions of the state Open Records Act (K.S.A. 45-215 et seq.). Therefore, these records shall be given the same level of confidentiality as are all other personnel records maintained by the personnel division. (Ord. 16514 § 33(31-356), 9-15-92. Code 1995 § 106-135.)
2.125.420 Violation of article deemed misdemeanor.
Any official who shall violate the provisions of this article shall be deemed guilty of a misdemeanor. (Code 1981 § 31-359. Code 1995 § 106-136.)