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HomeMy WebLinkAbout09011 ORDINANCE NO. 9011 AN ORDINANCE AMENDING SECTION 6 OF CHAPTER 8 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO ELIGIBLE LISTS FOR ENTRY LEVEL POLICE PATROL OFFICERS AND FIREFIGHTERS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 6 of Chapter 8 of Title VI of the Pueblo Municipal Code is amended to read as follows: Sec. 6-8-6. - Notification of vacancy, appointment. When a vacancy occurs in any position in the classified service, the involved department or bureau head shall so notify the Director and City Manager in writing. Unless such vacancy is declared open, or the position is abolished, the vacancy shall be filled from the appropriate reinstatement list, if possible; otherwise by any of the other following methods at the discretion of the involved department or bureau head with the approval of the City Manager: (1) From a reinstatement list. Due to a reduction in force or other cause not involving resignation, unsatisfactory work or other fault of the employee, a former certified employee who separated in good standing may be appointed to a position in the class from which he or she was separated pursuant to Civil Service Rules 34, 36 and 37. Such appointments must be made within four (4) years after such separation; (2) From a reemployment list; (3) By transfer of a classified service employee from one (1) position to another position in the same class, subject to the requirements of Section 6-8-11; (4) By voluntary demotion for the convenience of the City or the employee, but only with the approval of all involved department heads and the City Manager; or (5) From a civil service eligible list in the following manner: a. The Director shall forward a copy of the appropriate class specification to the Civil Service Commission, with a request for certification of the names of the three (3) highest ranking persons on the appropriate eligible list. b. The Director may also request from the Commission further information relating to the persons certified and to their application, examination or certification process. c. If any person so certified fails to accept, qualify for or meet any requirement of the position, the Director may request removal of that person from the eligible list and certification of the name of the person next highest on the appropriate eligible list. d. If more than one (1) vacancy is to be filled from an eligible list, the Director may request certification of an additional name for the second and each subsequent vacancy. e. If less than three (3) names appear or remain on an eligible list, the City Manager may either request that the Commission establish a new eligible list, or may accept a certification of less than three (3) names. f. If a person certified for appointment from an eligible list is rejected or passed over twice, the City Manager may request removal of the person from that eligible list. g. After a certification, the Director shall select a committee of at least three (3) persons to evaluate the persons certified. h. After consultation with the involved department or bureau head and the committee, the Director shall forward the names of all persons certified and recommendations to the City Manager, who shall make the final appointment. (6) Notwithstanding the provisions of Subsection (5) above, if a recruitment to fill a vacancy in a position in the classified service has been opened to persons who are not employees of the City, or, in the case of any recruitment to fill a vacancy in a position in a promotional class which is not included in the police officers, fire fighters or other classified employees bargaining units, and the vacancy is not filled by one (1) of the methods set out in Subsections (1) through (4) above, the vacancy shall be filled from a civil service eligible list in the following manner: a. The Director shall forward a copy of the appropriate class specification to the Civil Service Commission, with a request for certification of the names of the five (5) highest-ranking persons on the appropriate eligible list, \[ except for administrative assistant which will be a request for the certification of the names of the fifteen (15) highest-ranking persons on the eligible list, and except for entry level firefighters which will be a request for the certification of the \] except names of the twenty (20) highest-ranking persons on the eligible list. for entry level firefighters and police patrol officers which will be a request for the certification of the names of the ten (10) highest-ranking persons on the eligible list. b. The Director may also request from the Commission further information relating to the persons certified and to their application, examination or certification process. c. If any person so certified fails to accept, qualify for or meet any requirement of the position, the Director may request removal of that person from the eligible list and certification of the name of the person next highest on the appropriate eligible list. d. If more than one (1) vacancy is to be filled from an eligible list, the Director may request certification of an additional name for the second and each subsequent vacancy. \[ e. If less than five (5) names appear on the eligible list, or fifteen (15) names on the administrative assistant eligible list or twenty (20) names on \] or ten (10) names on the entry level the entry level firefighter eligible list, firefighter and police patrol officer list, the City Manager may either request that the Commission establish a new eligible list or may accept a certification of \[ less than five (5) names, or fifteen (15) names in the case of administrative \] or ten (10) assistant, or twenty (20) names in the case of entry level firefighter. names on the entry level firefighter and police patrol officer list. f. If a person certified for appointment from an eligible list is rejected or passed over twice, the Director may request removal of the person from that eligible list. g. After a certification, the Director shall select a committee of at least three (3) persons to evaluate the persons certified. h. After consultation with the involved department or bureau head and the committee, the Director shall forward the names of all persons certified and recommendations to the City Manager, who shall make the final appointment. (7) Notwithstanding any provision of Subsection (6) above, any recruitment for a vacancy in a position in a class included in the police officers or fire fighters bargaining units which is limited to employees of that bargaining unit shall be subject to the Rule of Three procedure set out in Subsection (5) above rather than the Rule of Five procedure set out in Subsection (6) above. (8) Notwithstanding any provision of Subsection (6) above, any vacancy in a position in a class included in the other classified employees bargaining unit which is not filled by one (1) of the methods set out in Subsections (1) through (4) above shall be subject to the Rule of Three procedure set out in Subsection (5) above rather than the \[\]\[\] Rule of Five or Rule of Fifteen or Rule of Twenty procedures set out in Subsection (6) above, unless otherwise provided in the collective bargaining agreement covering the other classified employees. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective upon final passage and approval and shall apply to any entry level fire fighter or police patrol officer eligible list subsequently certified after the effective date of this Ordinance. With respect to any entry level fire fighter or police patrol officer eligible list in existence on the effective date of this Ordinance, the prior provisions of Section 6- 8-6, P.M.C., shall be applicable. INTRODUCED July 11, 2016 BY: Ed Brown PASS AND APPROVED: July 25, 2016 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE AMENDING SECTION 6 OF CHAPTER 8 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO ELIGIBLE LISTS FOR ENTRY LEVEL POLICE PATROL OFFICERS AND FIREFIGHTERS SUMMARY: Attached is an ordinance amendment regarding Title VI Section 6 of Chapter 8 of the Pueblo Municipal Code in relation to eligibility lists for the Pueblo Police Department and the Pueblo Fire Department to aid in hiring processes. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Based upon frustration inherent in the limitations associated with examinations, a Rule of 10 would be a more effective and efficient manner of selecting the most well-rounded and qualified candidate. Several State governments have adopted such larger numbers for referral of candidates including but not limited to the State of Colorado (Rule of 6) and the State of Ohio (Rule of 10). See also UNITED STATES MERIT SYSTEMS PROTECTION BOARD, REPORT TO THE PRESIDENT AND CONGRESS, “The Rule of Three in Federal Hiring: Boon or Bane?” (December 1995). FINANCIAL IMPLICATIONS: By amending the ordinance, this will require extra staff time across departments to prepare examinations and interviews for the additional referred candidates. BOARD/COMMISSION RECOMMENDATION: Presented on July 12, 2016 to the Civil Service Commission. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Make no change to the ordinance and revert to the Rule of 5. RECOMMENDATION: Approval of the Ordinance amendment.