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HomeMy WebLinkAbout1992 Ordinance No. 006ORD INANC E NO. L SERIES OF -1991 19 92 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY CQLJ,JCIL MEMBE R HI\THI\WAY 10 b I\N ORDINANCE E'.;TAB LISH ING THE APPOINTED POS IT ION S OF POLIC E DIVISION CH IEF l\l,.J FIRE DIVI SION CH IEF I\ .\ENDIN G TITLE 1, CHA PTER 6G, BY ADDING I\ NEW SECTI ON 9. WHE REAS , the Cily of Englewood l\dminislralive Po lic y Ma nual 111·3 curren tly eslablishes 1he pos ilion o l police divisio n chief as class ified service with i n 1he Career Service Syslem; and WHEREAS, 1he Direclor of Safely Se rv ice, in consullalion with 1he City Manager, deems it appropriate to lill that positio n from the pool of personnel currently at the ranks of police lieu len an t an d police sergeant; and WHEREAS, the pos i1io n o l fire division ch ief does not pres ently exisl with i n the classilied service of 1he Career Service Syslem; and WHEREAS, the City ol Englewood Adm lnl slratlve Polley Manu al 111 ·3 currenlly eslablishes 1he posilions of fire deputy ch ie f as classified servi ce wilh ln lhe Career Service Sys1em; and WHEREAS, the Direclor of Safety Services , in cons ultation wilh lhe City Manage r, d ee ms ii appropriale 10 permanently establis h the posi ti on of lire division ch ief and deems it appropriate 10 fill 1hat position from the pool of personnel cu rrently al the ranks o l fire baltali on chief and lir e lieutenant; and WHEREAS, the Director of Safety Services, In consull atio n wit h lhe City Manage r, may se lec t horn qualilied personnel outside the department to fill those pos itions wilhin polic and lire divisions. provided that departme r t per so nn el have been evaluated an d found not •~ have the requisite qualificat ions; an d WHEREAS . the Dir r r •~r o l Safe ty Services, in cons ulta tion wit h the Ci ty Man ag~r . recog nizes 1he need of \\w Ci ty of Englewood to examine an d evalua te, on an ongoing ba;is. its manage JI sl ructure and have the luture opporlunity an d latitu de to adjus l th e structure , i i required ; an d WHE RE/IS, the expe rimenta l program es tablished unde r Cil y of Englewoo d Municipa l Code . 3· 11 -t an d i1esnlu tion No. 6 1, Se ries o l 1989, has prov en success lul. NOW, THEREFORE, BE IT ORDI\INED BY THE CITY COUNCI L OF TH E CITY OF ENGLEWOOD, COLOR/\00 I\SFC'LcO\'IS: -1 . ~-Tille 1, Chapt er 6G, of th e Eng lewoo d Municipa l Code 1985 , is hereb y amende d by add ing a new Sec tio n 9, whic h wi ll rea d as follows: 1-6G-9: DIVISIO N CH IEF APPOIN TM ENT: A. THERE IS HEREBY ESTABLISHE D TH E APPOINTED POSITIONS OF POLICE DIVIS IO N CH IE F, AN D FIRE DIVISION CHIEF OUTSIDE THE CLASSIFIED SERVICE OF THE CAR EER SERVICE SYS TEM. B. THE DIRECTOR OF SAFETY SERVICES MAY, AFTER CONSULTATION WITH THE CITY MANAGER , APPOINT TO THE POSITION QUALIF IED PERSONN EL FROM OUTSIDE THE DEPARTMEN T WHEN DEPARTMENT PERSONNEL HAVE BEEN EVALUATED AND FOUND NOT TO HAVE THE REQUISITE OUAUFICATIONS FOR THE POSITIONS OF POLICE DIVISION CHIEF OR FIRE DIVIS ION CHIEF. C. THOSE PERSONS APPOINTED THAT WERE NOT WITH IN THE CAREE R SERVICE SYSTEM SHALL HAVE NO CAREER SERVICE RIGHTS . D. A PERSON APPOINTED TO THE POSITION OF DIVISION CHIEF SHALL RETAIN THE RIGHTS TO THEIR PRIOR CAREER SERVICE POSfflON. THE TIME IN THE POSITION OF DMSION CHIEF SHALL APPLY TO TIME THE PERSON HAS ACCRUED IN THE CAREER SERVICE SYSTEM . THAT PERSON SHAU. RETAIN THOSE CAREER SERVICE RIGHTS FOR ALL PU11POSES IN CONNECT IO'II WITH RETIREMENT, PENS ION, - MEDIC AL BENEFITS, SICK LEAVE AND INJURY LEAVE, VACATION LEAVE , - TERMINAT ION PAY, BENEFITS TO SPOUSES AND DEPENDENT CH ILDREN UPON DEATH AND ANY OTHER SUCH CCTvlPENSATION AND LEAVE BENEFITS OF THE CAREER SERVICE SYSTEM OF THE DEPARTMENT OF SAFETY SERVICES . E. WHEN THE DIRECTOR OF SAFETY SERVICES TERMINATES THE APPO INTMENT OF A PERSON TO THE POSITION OF DIVIS ION CHIEF NO GRIEVANCE OR APPEAL SHALL EXIST FOR THAT ACTION , A PERSON AP POI NTED FROM A POSITION IN THE CAREER SERVICE SHALL RETURN TO TH EI R PRIOR CAREER SERVICE ~ITION EXC EPT IN THE CASE OF TE RMIN ATION OF EM PLO YMEN T FROM THE CITY WHICH MAYBE APPEALED TO THE CAREE R SERVICE BOA RD. F. AT ANY Tl ,\EA PERSON , WHO WHEN APPO INTED WAS IN THE CAREE R SERVICE SYSTEM , MAY RESIGN THEIR APPOINTMENT AND ELEC T TO ASSU ME THE IR PRIO R RANK WIT HIN THE CAREER SERV ICE SYSTEM. Introdu ced, read in full, and passed on li rst read ing on the \ 6th day ol Decembe r, \99 1. · 2· Publis he d as a 8 111 fo r an Ordinance on lhe 19i h day of Decembe r, 199 1. Read by \Ille and pass ed on final readi ng on lho 3r d day of Febr uary, 19,_, Published b y lille as Ord inance No. ~. Serie s o f 1992, on lh e 61h da y of Fehuary, 1992 . ~(/.(fl; Louc ri shia A . Ell is, Deputy City Clerk f, Loucr ish ia A . Ellis , Deputy City Cle rk or the City of Englewood, Co lorado, her eby certi fy that th e above and foregoing is a tr ul},copy or th e Ord lnanc assed on fi nal reading and p ublis hed by !Ille as Ordina nce No . .JL. 1992, Series · . 3 . Date December 16, 1991 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item 11 b Subject Department of Safety Services Allan Stanley, Director of Safely Services ISSUE/ ACTION PROPOSED Division Chief OrclJnance '.::ouncU Is requested to 9ass an ordinance establi shing the appointed positions of - Police Divisi on Chief and f'lre Divisi on Chief outside the classified service of the Career Service System . PREVIOUS COUNCIL ACTION Council , ln November of 198 9, p assed a resolution esta blishing an experimental program U1 a t would allow for tile a ppoin tment of Police Division Chiefs a nd Fire Division Chie fs outside tile Career Servi ce System. S TAFF ANALYSIS Tills program was esta bli shed In 1989 . The p urpose was to allo w for U1 e a ppointment of inclJvidu als to the p ositio ns of Divis ion Chief. Divi s ion Clll efs are key positions \\1Ulln Ui e De p artment of S afe ty S ervi ces . Prior lo U1e No , •mber 1989 res olu ti on. Dl,i slon Clll cfs were prom oted t hro u gh co m p etitive exantination process \\itlll n the Career Sc n 1ce System a n ti s ubjec t lo all cle m en ts n f tha t syste m . This ordJn an cc w ill all ow fo r 1h c co n tl numl on of om presen t sys tem . a n ti p ermit U1 c ll exib llily n ecessary to m am1ge .-i co mplex orga ni za t ion. Ti lls ord lm111 cc Is simila r to til o~e In existence tn oth er co m11n111 ith·s thro u ?:lrn ul the nation . Ek m cn lJ of t his -nlinan cc we re cx tracicrl :ro m bo th Dcm·c r am! i\u rorn . I,►, • t• BACKGROUND A.~ ou rllned tn U1e resoluU on . U1e Adm.tn.tstraUve PoUcy Manual 11) -3 c urrently cstabUshes Ol e pos ition of PoUce and Fire Division Ch.tefs as classified service \\1U1ln U1 e Career Servtc-e System . It ts b eUeved Ul a t for a po~:1Uon at Uus leve l It Is more ap propriate for a non-compeUUve appo!n.tment to be made by U1e Director of Safety Services. tn co n sultation wtU1 U1 e City Manage r . Persons a ppointed from U1 e classified servi ce would retain care er service benefits as ouU.t n ed tn Ole proposed ord.tnance and would return to U1e11 fom1er position In U1e career service system when Ole appointment ended. In cases of term.tnaUon. persons appointed from a position In the Career Service System would have a ppeal rights to Ole Career Service Board . Th.ts ord.tnance also allows for Ole appointment of persons from outside U1e de partment 1f U1ose with.In U1e department were found not to have Ole requisite qual11lcaUon. Persons appointed from outside of t11e Career Service System would 1,ave no career service rtghts. FINANCIAL The positions have been funded In Ole budget for Ole past two years and are Incl ude d 1n Ole budget for 1992. 1'h.ts proposal, therefore, would cause no add.ttional- flnanc lal tmpact. -