CR 01-80 Abolish Police Civil Service Commission of the City of Hopkins
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06-17-2001
OPK'~
Council Report 2001-80
Resolution to Abolish
Police Civil Service Commission of the City of Hopkins
Prooosed Action
Staff recommends adoption of the following motion: Move to aoorove Resolution 2001-39 as the first
of two aoorovals necessary to abolish the Police Civil Service Commission of the Citv of
Hookins.
Statutes require that the City Council adopt the attached resolution twice, at separate meetings of the
Council in order for the abolition to be effective. Adoption of this motion will meet the first step of the
requirement. Staff anticipates a second consideration of the resolution at the Council's next meeting.
Overview
The Civil Service Code was established over 60 years ago to provide control and supervision over the
hiring, promotion, discipline, and discharge processes involving employees of the Police Department. In
recent years the duties of the Civil Service Commission have duplicated other city rules for hiring
processes. All Police Department employees other than the Chief and Captain have collective
bargaining agreements that allow for a separate arbitration process for discipline and discharge appeals.
Since the mid 1980s the Civil Service Commission has not been involved in any discipline or discharge
reviews. Veterans will continue to have separate appeal rights outside of the procedures outlined in their
bargaining unit agreements. Additional protections and procedures required to investigate a complaint
and discipline a licensed Peace Officer are granted under Minnesota Statute.
The Commission no longer conducts hiring or promotional testing but simply approves the process
designed by department staff. Rules regulating the posting of notice and testing standards now exist in
Administrative Policy #8-C. The City may add memorandums of understanding to each bargaining unit
agreement to attach specific promotional language if it does not exist in their current agreement.
Timelines and bureaucracy added to the hiring process place the Police Department at a competitive
disadvantage when recruiting quality candidates for open positions.
Primary Issues to Consider
. Abolishment of the Civil Service rules will not alter employee protections for hiring, discipline
or discharge that now exist in other policy sections or agreements.
. Specific promotional language can be attached to the bargaining agreements without
opening current contracts.
Suooortina Information
. Rules and Regulations of the Police Civil Service Commission of Hopkins.
. Administrative Policy #8-C
. Typical Grievance Procedure from Collective Bargaining Contract
. Minnesota Statute 626.89 Police Officer Discipline Procedures Act
. Resolution 2001-39 Resolution Abolishing the Police Civil Service Commission of the City of
Hopkins.
· G,~
Financial Impact: $ Budgeted:
Related Documents (CIP, ERP. etc.):
Notes:
Y/N
Source:
RULES AND REGULATIONS
of the
POLICE CIVIL SERVICE COMMISSION OF THE CITY OF HOPKINS
In the exercise of authority granted by Minnesota Statutes Chapter 419 and Ordinance
No. 77-438, Section 270 of this City, the Police Civil Service Commission of the City of
Hopkins, Minnesota, hereby adopts and promulgates the following CiviLService Rules
and Regulations for the Police Department of the City of Hopkins, Minnesota, which
shall become effective on August 1, 1978. All previous rules and regulations of the
Commission are hereby revoked. .
Section 1 - Definitions
(a) The word COMMISSION used alone means the Police Civil Service Commission
of the City of Hopkins, Minnesota.
(b) The word CHIEF used alone means the Chief of Police of the City of Hopkins,
Minnesota.i
(c) The term EMPLOYEE includes all officers and employees of the Police
Department of Hopkins, Minnesota.
(d) The term POSITION includes "office" and "employment"
(e) The term VETERAN has the same meaning as is given to that term by M.S.
43.30, 197.455, 197.46, 197.48 and 197.481.
(f) The term APPOINTING AUTHORITY means the City Manager of the City of
Hopkins, Minnesota.
(g) The word DEPARTMENT means Police Department of the City of Hopkins,
Minnesota.
(h) The term APPLICANT means any person applying for a position or promotion in
the Department.
(i) The term APPOINTING AUTHORITY'S DESIGNEE means the Chief of Police
and includes subordinate officers assigned by the Chief to perform certain duties
as described by these rules. ii
Section 2 - Scope
(1) These rules shall "apply to all permanent, full time positions in the Police
Department of the City of Hopkins, Minnesota. These rules are subject to all
provisions of Minnesota Statutes, Chapter 419.
(2) The Commission shall have absolute control and supervision over the
employment, promotion, discharge, and suspension of all officers and employees
of the Police Department of this city and these powers shall extend to and
include all members of the Police Department. The Commission may not,
however, prescribe any residency requirements for the positions under its control
unless approved by the City Council.
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Section 3 - Registers
(1) The Commission shall keep and maintain a service register in which shall be
entered in their classes, the names, ages, compensation, period of past
employment and such other facts and data with reference to each employee as
the Commission may deem useful.
(2) An employee may view the service register at any reasonable time upon written
request to a Commissioner with the review to take place in the presence of a
Commissioner at such time and place as may be specified by the
Cornmissioner( s).
(3) The Commission shall 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 such data and information as the Commission deems
necessary and useful.
Section 4 .. Requirements for Entrance
(1) Unless otherwise provided in these rules, a person seeking employment in the
department shall:
(a) File a written application on forms prescribed by the Commission aqd supply
. such other information as the Commission may request.
(b) Fulfill the minimum requirements and pass the tests prescribed by the
Commission.
(c) Be fingerprinted, submit to such examination and investigation as is
prescribed by the Commission, and authorize the release of such information
as the Commission ~ay request.
(d) Be certified by the Commission for apPointment in accordance with these
rules. '
Section 5 - Notice of Examination for Entrance
(1) The Commission shall establish a deadline date for submission of applications
for examination. At least 20 days before the deadline for submission of
applications, notices shall be published for at least two days in official city
newspapers and any additional publications required in compliance with the City
Affirmative Action Policy. Notices may also be published in any additional
publications or aired on any broadcast medium which the Commission in its
discretion may designate.
(2) Notices as set forth in Subsection (1) shall be posted at the City Hall and at the
Hopkins Police Station at least 20 days before the deadline for submission of
applications.
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(3) At least 10 days before the examination notice of the date, place and time of
examination shall be mailed to all eligible applicants and posted at the City Hall
and Hopkins Police Station.
Section 6 - Application for Entrance
(1) Applications must be filed on numbered and dated forms furnished by the
Commission before the deadline date set in the announcement of the
examination. The Commission may require the candidate to furnish such
reasonable additional information as it deems necessary regarding the
candidate's health, character and qualifications.
(2) Applications of eligible candidates shall be retained until the eligible register
expires. Applications of persons appointed to positions within the department
shall be retained permanently.
Section 7 - Rejection of Applications for Entrance
(1) The Commission may reject an application for any of the following reasons:
(a) Failure to meet the minimum application requirements.
(b) Past record of crime or disgraceful conduct.
(c) Willful misrepresentation, deception, or fraud by applicant.
(d) Formaldismissal from public or private service because of delinquency' or
misconduct.
Section 8 - Examinations for Entrance
(1) Tests administered by the Commission may be written, oral, or in the form of a
demonstration of fitness or skill, or any combination of these which, in the
judgment of the Commission, will best serve to determine the relative fitness and
ability to perform the duties of the positions for which the applicant(s) seeks
appointment.
(2) Tests administered under this Section may include part of or all of, butare not
limited to, those set forth in Section 10 of these rules.
Section 9 - Eligible Register
(1) After the examinations have been graded, the Commission shall notify all
candidates of the results and shall inform all candidates who pass the
examination of the right of veterans to preference in accordance with applicable
Minnesota Statutes.
(a) Veterans shall have added points, if he/she so elects, in accordance with
applicable Minnesota law.
3
(b) All Hopkins Police Reserve officers currently active in the Reserve Unit
having at least five hundred (500) hours of duty time served during one
continuous and unbroken period of membership in the Reserve Unit
immediately prior to and including the date of application, who are otherwise
qualified according to these rules and who have passed the examination,
shall be entitled to five (5) points added to their final weighted scores.
(c) Any candidate qualified for such augmented score may elect in writing to the.
Commission to have his!her score augmented at any time before the
establishment of the official register.
(d) Candidates so qualified may receive additional points under both subsection
(a) and (b) above.
(2) The name of all candidates who pass the examination shall be placed on an
eligible register ranked according to the total weighted scores, subject to the
provisions of Veteran's Preference laws and rights for new employees.
(3) If two or more candidates have the same weighted scores, the name of the one
who first filed an application shall be placed highest on the list except that
veterans who qualify under MSA 43.30 shall be placed ahead of non-veterans
with the same qualifying scores.
(4) The life of the eligible register shall be two years; but, whenever in the judgment
of the Commission at the end of such period, it is inadvisable to conduct another
examination at that time, the life of the eligible register may be extended by the
Commission for a period not to exceed one year, provided such extension is
made and provided for within 60 days after the expiration date of the eligible
register then being extended. No candidate's name shall remain on the eligible
register during the extension period without a new application from such
candidate.
(5) Candidates properly listed on the eligible register at the time new candidates are
added shall be co-mingled and ranked with the new candidates according to
procedure set forth above.
(6) All candidates shall be advised of any change in the eligible register.
Section 10 - Certification: Medical. Psychological and Agility!Strength! Stamina
Examinations: Background Investigations: Oral Interview
. (1) When a vacancy exists in a duly authorized position within the Department. and the
--..) appointing authority deems it necessary to fill the vacancy, the three persons ranked highest on the
current eligible register shall be contacted by the appointing authority for the purpose of completing
the examinations and investigations prescribed in Subsection 2 of this section. If any of the first three
candidates on the eligible register fails the examinations in Subsection 2, the candidate shall be
removed from consideration for the position and removed from the eligible register. When anyone
or more of the first three candidates on the eligible register fails the Subsection 2 examinations, the
next candidate on the eligible register shall be examined pursuant to Subsection 2 until such time
as three persons from the eligible register have successfully completed all Subsection 2
examinations.
2. The results of each examination shall be reported to the Commission and the
appointing authority.
(2) Candidates certified by the Commission may be required to:
(a) Submit to an agility/strength/stamina examination specified by the Commission
and administered by the appointing authority's designee; and
(b) Submit to a medical examination specified by the Commission and performed by
a physician selected by the appointing authority and approved by the
Commission. Where the examining physician recommends that a disqualifying
heal1h defect can be corrected, the applicant's n~me shall be removed from the
eligible register until the defect has been corrected. The applicant shall have a
reasonable time as specified by the Commission to correct the health defect and
shall be personally responsible for the medical and hospital expenses necessary
to meet the health standards established by the Commission. The applicant's
name shall be returned to its former standing on the eligible register following
correction of the defect;
(c) Submit to be examined by a qualified psychologist, approved by the
Commission, who shall evaluate and report on the applicant's 'intellectual
characteristics, emotional organization, learning attainment and ability,
human relations skills, integrity, insight, performance characteristics, goals,
and motivations; said psychologist shall recommend favorably or unfavorably
on the applicant's ability to perform the duties of the position;
(d) Submit to a background investigation prescribed by the Commission and
conducted by the appointing authority's designee;
(e) Submit to an oral interview as prescribed by the Commission. The interview
maybe tape recorded only with the prior knowledge of the participants.
Section 11 - Appointment
(1) When the certified candidates have completed .and passed the examinations set
forth in Section 10, the appointing officer shall appoint the certified candidate
. who, in the opinion of the appointing authority, is best qualified.
(2) The appointing officer, with the approval of the Commission, may reject all
candidates submitted to him.
(3) The rejected candidates' names shall be returned to the eligible register unless
the reason for rejection is one set forth in Section 7 of these rules.
(4) The name of the candidate appointed shall be stricken from the eligible register
and transferred to the service register.
Section 12 - Probationary Period
(1) The probationary period for all entry level classifications other than a newly
appointed sworn peace officer shall be six months.
5
(2) The probationary period for a newly appointed sworn peace officer shall be 12
full months. Such probationary period to begin on the first working day after
satisfactory completion of the basic peace officer training course pursuant to
sections 626.843 thru 626.854 MSA.
(3) The appointing authority may remove or discharge the appointee without cause
during the probationary period.
(4) All appointees that have successfully completed their 12-month probationary
period shall automatically become permanent employees.
Section 13"- Temporary Appointments
(1) In case of emergency, the Commission may be requested by the appointing
authority to certify names for appointment to a temporary position. The
Commission shall certify the name of the individual standing highest on the
eligible register who is willing to accept such temporary employment.
(2) If no one on the eligible register is willing to accept such temporary employment,
the Commission may certify the name of any other qualified person.
(3) No temporary employment shall continue for a period longer than 30 days, nor
shall successive temporary employments be permitted for the same position,
except as permitted by law.
. Section 14 - Provisional Appointments
(1) Upon receipt of a requisition from the appointing officer for certification to a
position for which there is no eligible list, the Commission may grant authority to
the appointing authority to fill such position by a provisional appointment.
(2) A provisional appointment shall remain in force until a certified replacement is
available. Within 60 days after granting a provisional appointment, the
Commission shall hold an examination for such position.
(3) In no .case shall ~ provisional appointment remain in force longer than 90 days.
At the end of 90 days, an extension not to exceed 90 days may be made by the
Commission.
Section 14a - Command Appointment
(1) Upon the request of the Superintendent, the Commission may grant the authority
to the appointing authority to fill the position of Lieutenant of Polic€lby a ~ OW" ~~~ o~
Command Appointment from the licensed peace officers of the Hopkins Police . Po I : c..C:
Department.
(2) The Command Appointment shall be made on the Basis of experience,
education, knowledge and loyalty to the Hopkins Police Department.
6
(3) The Command Appointment shall exist until such time as the appointing authority
elects to remove the appointee. The appointing authority shall submit to the
. appointee, in writing, the reason(s) the appointee is to be removed, prior to the
appointee vacating the position. Such appointee shall return to his/her former
rank held prior to the acceptance of the appointment. . ~ G.Bf*s.. ~~
(4) The appointee shall perform all of the duties of the position of Lieutenanftf
Polic~s prescribed in Section 40, Article II.
01" ~\ll-o.\.... 0+ Po I: ~e .
Section 15 - Requirements for Promotion For Other Than Chief Of Police Position
This Section and Sections 16, 17, 18, 19, 20, 21 and 22 apply only to promotions to
positions other than the Chief of Police.iii
(1) Promotion shall be based on competitive examination.
(2) Promotions shall come from within the Department unless in the judgment of the
. Commission the qualifications for the position are deemed to be greater than can
be met by a suitable number of personnel presently employed in the Department.
(3) Unless otherwise provided in these rules, a person seeking promotion in the
Department shall:
(a) File a written application on forms prescribed by the Commission and supply
such other information as the Commission may request.
(b) Fulfill the minimum requirements and pass the tests prescribed by the
Commission.
(c) Be fingerprinted, submit to such examination and investigation as is
prescribed by the Commission, and authorize the release of such information
as the Commission may request.
(d) Be certified by the Commission for promotion in accordance with these rules.
Section 16 - Application for Promotion
(1) Applications must be filed on numbered and dated forms furnished by the
Commission before the deadline date set in the announcement of the
examination. The Commission may require the candidate to furnish such
reasonable additional information as it deems necessary regarding the
candidate's health, character and qualifications.
(2) Applications of eligible candidates for promotion shall be retained until the
eligible register for promotion expires. Applications of persons promoted shall be
retained permanently.
Section 17 - Rejection of Applications for Promotion
(1) The Commission may reject an application for any of the following reasons:
(a) Failure to meet the minimum application requirements.
(b) Past record of crime or disgraceful conduct.
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(c) Willful misrepresentation, deception or fraud by applicant.
(d) Formal dismissal from public or private service because of delinquency or
misconduct.
Section 18 - Notice of Examination for Promotion
(1.) The Commission shall establish a deadline date for submission of applications
for examination. At least 20 days before the deadline for submission of
applications, notices shall be published in at least one issue of the official city
new~paper and any additional publications requ!red in compliance with the City
Affirmative Action Policy. Notices may also be published in any additional
publications or aired on any broadcast medium which the Commission in its
discretion may designate.
(2) Notices as set forth in Subsection (1) shall be posted at the City Hall and at the
Hopkins Police. Station at least 10 days before the deadline for submission of
applications.
(3) At least 10 days before the examination, notice of the date, place and time of
examination shall be mailed to all eligible applicants and posted at the City Hall
and Hopkins Police Station;
Section 19 - Examination for Promotion
(1) Tests administered by the Commission may be written, oral, or in the form of a
demonstration of fitness or skill, or any combination of these which, in the
judgment of the Commission, will best serve to determine the relative fitness and
ability to perform the duties of the position for which the applicant(s) seeks
appointment.
(2) Tests administered under this Section may include part of or all of, but are not
limited to, those set forth in Section 21 of these rules.
(3) Past performance evaluations shall be included in the examination score and
weighted as the 'Commission sees fit.
(4) Passing scores shall be announced or posted in advance of each phase of the
examination process.
(5) Failure of the candidate to pass any phase of the examination process shall
preclude the candidate from continuing to the next phase.
(6) Each phase of the examination process may be weighted as the Commission
sees fit. The weighted values of each phase shall be announced or posted prior
to the commencement of the examination process.
8
Section 20 .. Eligible Register for Promotion
(1) After the examinations have been graded , the Commission shall notify all
candidates of the results and shall inform all candidates who pass the
examination of the right of disabled veterans and spouses of disabled or
deceased veterans, to preference in accordance with Minnesota Statute 43.30.
(2) The names of all applicants who pass the examination shall be placed on an
eligible register ranked according to the total weighted scores, subject to the
provisions of Veteran's Preference Laws and rights for employees for promotions
in accordance with Minnesota Statute 43.30.
(3) If two or more applicants have the same weighted scores, the name of the one
who first filed an application shall be placed highest on the list.
. (4) The life of the eligible register shall be two years; but, whenever in the Judgment
of the Commission at the end of such period, it is inadvisable to conduct another
examination at that time, the life of the eligible register may be extended by the
Commission for a period not to exceed one year provided such extension is
made and provided for within 60 days after the expiration date of the eligible
register then being extended. No candidate's name shall remain on the eligible
register during the extension period without a new application from such
candidate.
(5) All candidates shall be advised of any change in the eligible register.
Section 21 - Certification for Promotion: Medical. Psychological and
Agility/Strength/Stamina Examinations: Background Investigations' Oral
Interview
(1) When a vacancy exists in a duly authorized position. Within the Department and the
appointing authority requests the certification of the proper eligible persons, the names of the three
persons standing highest on the eligible register shall be certified in the order of their standing by
the Commission to the appointing authority. The three persons shall submit to the examinations and
investigations prescribed in Subsection 2 of this section. The name of a candidate failing the
examinations specified in Subsection 2 shall be removed from further consideration except. as
otherwise provided in Subsection 2. In case of such removal, the Commission shall certify the
candidate(s) standing next highest on the eligible register and continue to do so until three candidates
have passed all examinations prescribed in Subsection 2. The results of each examination shall be
reported to the Commission and t~e appointing authority.
(2) Candidates certified by the Commission may be required to:
(a) Submit to an agility/strength/stamina examination specified by the
Commission and administered by the City Manager's designee; and
9
(b) Submit to a medical-examination specified by the Commission and performed
by a physician selected by the City Manager and approved by the
Commission. When the examining physician recommends that a disqualifying
health defect can be corrected, the applicant's name shall be removed from
the eligible register until the defect has been corrected. The applicant shall
have a reasonable time as specified by the Commission to correct the health
defect and shall be personally responsible for the medical and hospital
expenses necessary to meet the health standards established by the
Commission. The applicant's name shall be returned to its former standing on
t~e eligible register following correction of the defect;
(c) Submit to be examined by a qualified psychologist, approved by the
Commission, who shall evaluate and report on the applicant's intellectual
characteristics, emotional organization, learning attainment and ability,
human relations skills, integrity, insight, performance characteristics, goals,
and motivations; and said psychologist shall recommend favorably or
unfavorably on the applicant's ability to perform the duties of the position;
(d) Submit to a background investigation prescribed by the Commission and
conducted by the appointing officer's designee;
(e) Submit to an oral interview as prescribed by the Commission. Theinter\iiew
maybe tape-recorded only with the prior knowledge of the participants.
. Section 22 - Promotion and Probation
(1) When the certified candidates have completed and passed the examination set
,forth in Section 21, the appointing authority shall appoint the candidate who, in
the opinion of the appointing authority, is best qualified.
(2) The probationary period for all promotions shall be 12 full months.
(3) During the probationary period, the appointing authority, afterstating its reason
in writing to the Commission, may, with approval of the Commission, reject the
appointee.
(4) All promotional apPointments shall automatically became permanent at the end
of the probationary period unless such request has been received and approved
by the Commission.
(5) An appointee for a promotion who is found to be unsatisfactory at the new skill
level or who resigns the new classification during the probationary period shall
return to his/her former position.
Section 23. Chief Of Police Appointment Process.
(1) Appointment shall be based on a competitive evaluation.
(2) Notwithstanding Section 15(2) of the Rules, the Commission is authorized to
seek applicants for the Chief of Police position from outside the Hopkins Police
Department, notwithstanding the number of then current department employees
that might be qualified for the Chief of Police position.
10
NOTE: This optional language likely would require further amendment of subdivisions (1)
of Sections II and 22 as follows: .
(1) When the successful candidates have completed and passed the examinations set forth
in Section 10 (or Section 21) the appointing authority shall appoint the candidate who, in the
appointing authority's opinion is best qualified. If more than one vacancy exists for the same
position, the appointing authority must fill the first vacancy from the successful candidates who
were the three highest placed on the eligible register and each successive appointment must be from
the successful candidates who represent the three highest remaining candidates from the eligible
register.
(3) Unless otherwise provided in these Rules, a person seeking appointment to the
Chief position shall:
A. File a written application on forms prescribed by the Commission and supply
such other information as the Commission may request.
B. Fulfill the minimum requirements prescribed by the Commission.
C. Be fingerprinted, submit to such evaluation and investigation as prescribed by
the Commission and authorize the release of such information as the
Commission may request.
D. Be certified by the Commission for appointment in accordance with these
Rules.
Section 24. Notice Of Evaluation For Appointment.
(1) The Commission shall establish a deadline date for submission of applications
for evaluation. At least 20 days before the deadline for submission of
applications, notices shall be published in at least one issue of the official City
. newspaper and any additional publications required in compliance with the
Hopkins Affirmative Action Policy. Notices may also be published in any
additional publications or aired on any broadcast medium which the Commission
in its discretion may designate.
(2) Notices as set forth in Subsection (1) shall be posted at the Hopkins City Hall
and at the Hopkins Police Station at least 10 days before the deadline for
submission of applications.
Section 25. Application For Appointment.
(1 ) Applications must be filed on numbered and dated forms furnished by the
Commission before the deadline set in the announcement of the evaluation. The
Commission may require the candidate to furnish such reasonable additional
information as it deems necessary regarding the candidate's health, character
and qualifications.
(2) Applications of eligible candidates for appointment shall be retained until the
Eligible Register for appointment has expired. Applications of persons appointed
shall be retained permanently.
.
Section 26. Rejection Of Applications For Appointment.
(1) The Commission and the Appointing Authority each may reject an application for
any of the following reasons:
A. Failure to meet the minimum application requirements.
B. Past record of crime or disgraceful conduct.
C. Willful misrepresentation, deception or fraud by applicant.
D. Formal dismissal from public or private service because of misconduct.
11
Section 27. Evaluation For Appointment.
(1) The Commission may evaluate applicants for appointment in any means which,
in the judgment of the Commission, will best serve to determine the applicant's
relative fitness and ability to perform the duties of the Chief.
(2) Evaluations administered under this Section may include part of or all of, but are
not limited to, those set forth in Section 29 'of these Rules.
Section 28. Eligible Register For Appointment.
(1) After the Section 27 evaluations have been scored, the Commission shall notify
all can~:Hdates of the results. The names of all applicants who passed the
evaluation shall be placed on an Eligible Register ranked according to their
scores.
(2) If two or more applicants have the same score, the name of the applicant who
first filed an application shall be placed highest on the Eligible Register.
(3) The life of the Eligible Register shall be two years: Whenever in the judgment of
the Commission at the end of such period it is inadvisable to conduct another
examination at that time, the life of the Eligible Register may be extended by the
Commission for a period not to exceed one year provided such extension is
made within sixty days of the expiration date of the Eligible Register then being
extended. No candidate's name shall remain on the Eligible Register during the
extension period without a new application from such candidate.
Section 29. Certificate For Appointment.
(1) When a vacancy exists in the Chief position, the Appointing Authority shall
. request from the Commission certification of the names of the six persons
standing highest on the Eligible Register. The names of the six persons standing
highest on the Eligible Register shall be certified by the Commission to the
Appointing Authority in the order of their standing. The six persons shall submit
to such further evaluations as described in Subsection (2) of this Section.
(2) Applicants certified by the Commission may be required by the Appointing
Authority to:
A. Submit to an agility/strength/stamina evaluation administered by the
Appointing Authority or the Appointing Authority's designee;
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B. Submit to a medical examination performed by a physician selected by the
Appointing Authority and approved by the Commission. When the examining
physician recommends that a qualifying health defect can be corrected, the
applicant's name shall be removed from the. Eligible Register until the defect
has been corrected. The applicant shall have a reasonable time as specified
by the Appointing Authority to correct the health defect and shall be
personally responsible for the medical and hospital expenses necessary to
meet the health standards established by the Commission. The applicant's
name shall be returned to its former standing on the Eligible Register
following correction of the defect;
C. Submit to an examination by a qualified psychologist or psychiatrist,
approved by the Appointing Authority, who shall evaluate and report on the
applicant's intellectual characteristics, emotional organization, learning
attainment and ability, human relations skills, integrity, insight, performance
characteristic, goals and motivation. Said psychologist or psychiatrist shall
recommend favorably or unfavorably on the applicant's ability to perform the
duties of the position;
D. Submit to a background investigation conducted by the Appointing Authority
or the Appointing Authority's designee.
E.. Submit to oral interviews as prescribed by the Appointing Authority. The
interviews may be tape recorded only with the prior knowledge of the
applicant.
F. Submit to such other evaluations or investigations as the Appointing Authority
deems necessary or appropriate.
Section 30. Selection And Probation.
(1) When at least six-candidates have completed and passed the evaluations set
forth in Section 29, the Appointing Authority may appoint the candidate from the
group of six who, in the Appointing Authority's opinion, is best qualified. The
Appointing Authority may reject all candidates.iv
Section 31 - Discharges: Terminations
(1) No employee, after satisfactory completion of probation, shall be discharged
except for cause, according to the following procedure, in accordance with
Minnesota Statutes Section 419.11 and 419.12:
(a) Written charges against the employee shall be filed with the Secretary of the
Commission by a superior officer or by the City Manager.
(b) Investigation of charges by the Commission.
(c) An opportunity for the employee to be heard in his/her own defense before
the Commission after ten days' written notice to the accused, setting forth the
charges as filed.
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(d) 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 in which the city is located. 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 him 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 his services,
shall not be. entitled to fees or mileage.
(e) A final decision by the Commission.
(2) 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 in rank, or suspended and 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.
(3) Findings and determinations hereunder and orders of suspension, reduction, or
removal, shall be in writing and shall be filed within three days after the
completion of such hearing with the Secretary of the Commission and it shall be
the duty of the Secretary to notify such employee of the decision in writing. The
findings and decision of the Commission shall be forthwith certified by the
secretary to the Superintendent or other appointing or superior officer, and shall
be forthwith enforced by such officer.
(4) 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 ten days after the filing of the order or
the receipt by the employee of written notice of the order as above provided
within five 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 thereof
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.
14
Section 32 - Lay-Off and Reinstatement
(1) Whenever it becomes necessary, for lack of work or funds, or for other causes,
to reduce the number of personnel in the department, the City Manager shall
notify the Commission in writing, at least six weeks in advance, giving the
number of positions to be vacated and the reasons therefore.
(2) The Commission shall furnish in writing the name (s) of the person(s) to be laid
off and the order of lay-off. Temporary and probationary appointees shall be laid
off first in the order named.
~h;~ ~
Pel ~ u:.
(3) Permanent employees shall be laid off on the basis of seniority. Employees shall
be recalled from lay-off on the basis of seniority.
(4) An employee on Jay off shall have an opportunity to return to work within two
years of the time of his/her lay-off before any new employee is hired.
Section 33 - Suspension
(1) Any employee of the department may be suspended by the Commission without
pay for disciplinary purposes, or with or without pay pending investigation of the
actions or conduct which may result in a cause for discharge or reduction. 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.
(2) Notwithstanding the foregoing, the appointing officer may suspend, with or
without pay, any employee for a period of not exceeding 60 days and other
supervisory personnel may, in accordance with procedures established by the
Supel iJ .teneJcnt, relieve from duty any subordinate, for the remainder of his/her
shift, for purposes of discipline or pending investigation. The Commission shall
be notified of all suspensions within five days of suspension; notice shall be in
writing setting forth the reason for the suspension.
(3) Within five days of notice of a suspension, under Subsection 2 above, an
employee may request in writing to the Secretary of the Commission a formal
Commission review of the suspension. The employee's written request shall set
forth the nature of the employee's objection to the action taken by the superior.
The Commission, after receiving personal service of employee's written request,
shall proceed as set forth for discharges in Section 17 of these rules.
Section 34 - Transfers. Reductions
(1) The transfer of an employee from a position in one class to another position in
the same class, where both positions carry the same rate of compensation, shall
be called "an assignment." An assignment may be made by the City Manager or
h: d= of Pol:c.c.Suporink3ndcnt who may assign such employees as are qualified by ability and
experience to such posts, tasks and duties as are necessary for the efficient
operation of the department.
15
(2) Any transfer of an employee involving a change from a position in one class to a
position in another class for which a lower maximum rate of compensation is
prescribed, is a "reduction or demotion." A reduction or demotion may be made
upon the recommendation of the City Manager, approved by the Commission
and notice to the employee. An employee subject to reduction or demotion may
request in writing a hearing of the circumstances of the transfer within five days
of notice of the transfer; hut if the hearing is not requested within such time, the
right to hearing is waived. The Commission shall hold a hearing on the matter
within 14 qays of receipt of request for hearing.
Section 35 - Leaves of Absence
(1) Leaves of absence may be granted at the discretion of the City Manager or his
designee.
Section 36 - Res~gnations Qh : e.~ of .po I t
(1) An employee who wishes to resign in good standing shall give the City Man~g9r 'c...c:
written notice of at least two weeks, with a copy of the notice to.the Commission.
(2) If an employee resigns without giving the required notice, such failure may be
considered by the Commission as sufficient reason for rejecting further
application from the. employee.
(3) Any employee who is absent from duty more than three consecutive working
days without securing leave from his/her superior, or without notifying the
superior of the reason for the absence and the time he/she expects to return,
shall be considered as resigned. Such resignation is considered resignation
without notice. The Commission at its discretion may set aside the termination
after investigation at the employee's request.
Section 37 - Retirement
(1) Retirement is mandatory when an employee reaches the age of 65. This
requirement may be waived by the City Manager for a period of one year with the
consent of the Commission.
Section 38 - Residence
(1) An applicant for a position in the department need not be a resident of the city.
(2) All department employees shall reside within 30 minutes driving time of the
Hopkins Police Station.
(a) New employees shall be required to adhere to the residency rule within 6
months after completion of probation.
16
.
(b) Permanent employees who do not met the residency requirement at the time
of the adoption of these rules shall not be required to move except that if they
do change the place of their residence at any time after the adoption of these
rules for any reason whatever they shall, at that time, be required to comply
with the residency rule as herein stated.
Section 39 - Amendment of Rules
(1) These rules may be amended by unanimous vote of all the Commissioners at
any meeting of the Commission.
(2) If a proposed amendment has been presented ata meeting of the Commission
in writing with notice of intent to amend these rules, such amendment may be
made by a. majority vote of all the Commissioners at the next regular meting of
the Commission.
17
Section 40 - Classification of Positions
~i~ .
I. Sblf)cnntondoAt of Pollee
A. Nature of Duties:
(1) Under the direction of the City Manager; to insure efficient operation of
the department through the development and execution of policies and
programs necessary for the prevention of crime, detention of criminals,
and the protection of lives ano property, he/she is responsible for the
supervision, assignment, training, and discipline of all department
personnel.
B. Examples of Work Performed:
(1) Plans, organizes, directs and reviews all operations of the Police
Department, plans methods and procedures to meet operating needs;
reviews and approves recommendations for staff organizations and
assignments, and for reviewing procedures and records.
(2) Issues special orders to subordinate officers, reviews operating and
performance records and reports to determine officers' effectiveness
and efficiency; reviews recommendations on personnel problems and
takes disciplinary action; and reviews the preparation of training
programs for police officers.
(3) Meets with citizens concerning complaints, activities of the department
and other matters of public interest important in the development of
good public relations.
(4) Prepares or directs the preparation of periodic or special reports on
departmental activities and operations.
(5) Assists in the formulation and implementation of agreements between
management and employee organizations.
(6) Assists Civil Service Commission in the selection and/or promotion
procedures for department personnel.
(7) . Prepares an annual budget and offers detailed justific~tion for all
requests.
(8) Administers an on-going budget review and control program.
(9) Develops program objectives which will guide the future development
of the department in terms of anticipated needs.
(10). Prepares and recommends emergency plans which can be
implemented in the event of natural and man-made community
disasters.
(11) Communicates, confers and works with officials and representatives of
other criminal justice agencies throughout the County, State, and
Nation for the purpose of accomplishing certain phases of the police
mission. Performs related work as required.
18
.
C. Desirable knowledge. Skills and Abilities:
(1) Thorough knowledge of modern police methods, management and
administration, and demonstrated ability to apply same.
(2) Thorough knowledge of scientific methods of crime detection and
criminal identification.
(3) Thorough knowledge of Federal, State and Local laws and ordinances
which are enforced by the City Police Department.
(4) Thorough knowledge of types and use of firearms, communications
and automotive equipment used in modern police work.
(5) Knowledge of the functions of Federal, State and Local jurisdictions
and authorities as they relate to police work.
(6) Ability to plan, initiate and carry out long range program in department
administration, employee training, law enforcement and crime
prevention.
(7) Ability to plan, evaluate and direct the work of a large number of
subordinates, performing varied operations connected with police
activities.
(8) Ability to establish and maintain cooperative working relationships with
other City officials, State and Federal authorities, and the public.
(9) Ability to react calmly and quickly in case of emergency and to make
correct decisions in such cases.
(10) Ability to prepare and present effective oral and written reports relating
to the activities of the Police Department.
D. Desirable experience and Training:
(1) Extensive experience in modern police work which has afforded
progressively responsible experience in a variety of police functions.
(2) Graduation from a standard high school, supplemented by formal
training in modern police administration, methods and practices, and in
scientific methods of crime prevention and detection.
E. Minimum Application Requirements:
(1) Education equivalent to that of high school graduation; ten years'
experience in police work, including three years in a command position
in a major police department wherein the ability to apply the
knowledge, skills, and abilities required by this position were
thoroughly and satisfactorily demonstrated
(2) All applicants must comply with the Minimum Selective Standards of
the Minnesota Board of Peace Officer Standards and Training.
19
Q.a..p~\Yl
II. l:ieutel .ant of Police
A. Nature of Duties: c..h't~ ~ Po I ~ c.e.
(1) Under the direction of the SuperiFltendont and as second in command of the
department, to be responsible for the patrol and investigative functions of the
department through direct supervision of the Operating Division of the department
and to assist in the administration and direction of all employees, functions, and
operations of the department as directed by the SljperiFltendsnt.
B. Examples of Work Performed: e..\, ; e.~ '* Po 1 ~~e
(1) Commands, directs and supervises the activities of the Operating Division.
(2) Assigns work to, directs, and supervises Line Sergeants and other Operating
Division personnel.
(3) Plans, directs, coordinates and evaluates the patrol and traffic control functions of
the department.
(4) Provides supervision and coordination for the Investigative units.
(5) Supervises the handling of difficult cases, renders aid and advice to subordinates,
assures all legal requirements of criminal and traffic cases are met.
(6) Assumes personal command of major, difficult, or important investigations and/or'
police activity unless. relieved by the Superintendent.
(7) Reviews subordinates work, receives grievances, makes recommendations on
personnel problems and carries out discipline as directed.
(8) Assesses training needs of Operating Division personnel and makes
recommendation to the Superintendent.
(9) Perform such other work as necessary, pertinent and relative to directing the
Operating Division.
(10) Assists in the preparation of department rules, regulations, and policies.
(11) Maintains dis~ipline and enforces department rules, regulations and policies.
(12) Recommends appropriate disciplinary action to Superintendent when required~
(13) Prepares and presents written and/or oral reports to the Manager and Council as
directed by the Superintendent.
(14) Assists in the preparation of the annual budgetary request and control and direction
of budgetary expenditures, as directed by the Superintendent.
(15) Enforces the law the same as any other police officer and from time to time when
necessary, because of manpower considerations, performs work ordinarily
performed by a patrol officer as defined in Subsections IV-B thru VII-B of this
sectio n.
(16) Assumes the role of Watch Commander as assigned and/or during the absence of
an assigned Sergeant.
20
(17) Communicates, confers, and works with officials and representatives of other
criminal justice agencies throughout the County, State, and Nation for the purpose
of accomplishing certain phases of the police mission.
(18) Sits on or conducts review and/or oral boards convened for the purpose of
evaluating the qualifications of persons seeking employment with the department.
(19) Assumes full command of the department in the absence of the Superintendent and
is responsible for departmental adherence to the rules, regulations, and policies as
established by the Superintendent.
(20) ~erforms such other work as directed and/or assigned by the .Superintendent.
C. Desirable Knowledge. Skills and Abilities for Lieutenant of Police:
(1) Knowledge of Federal, State, and Local ordinance enforcement and administration.
(2) Supervisory skill and ability to evaluate and direct subordinates in police work.
(3) Ability to establish and maintain effective relationships with others.
(4) Ability to prepare and present effective oral and written communications and reports.
(5) Ability to plan, initiate.and carry out programs and training.
(6) Knowledge of the principles and practices of modern police work.
(7) Ability to issue intelligible directions and orders and secure their execution.
(8) Ability to apply good judgment and practical sense to the work of his/her division.
(9) Ability to achieve a high activity level.
(~O) Ability to create a good impression, to command attention and respect and to show
an air of confidence.
(11) Stability of performance under pressure and opposition.
(12) Effectiveness in getting ideas and in guiding a group or an individual to accomplish
a task.
(13) Ability to organize and present rt:laterial in a convincing manner.
(14) Skill in perceivilJg and reacting sensitively to the needs of others.
(15) Ability to modify behavioral style and management approach to reach a goal.
(16) Ability to use subordinates effectively and to understand where a decision can best
be made.
(17) Ability to be effective in seeking out pertinent data and in determining the source of
a problem.
(18) Ability to reach logical conclusions based on the evidence at hand.
(19) Readiness to make and/or render decisions.
21
D. Desirable Experience and Training:
(1 ) Extensive experience in modern police work which has afforded progressively
responsible experience in a variety of poli~e functions.
(2) Education equivalent to that of. high school graduation supplemented by formal
training in modern police management, methods, and practices, and in scientific
. methods of crime detection and prevention.
E. Minimum Application Requirements:
(1) Education equivalent to that of high school graduation: Six years experience in
police work, including three years in a supervisory position in a police department
equal or superior in size and organizational structure to that of this department,
wherein the ability to apply the knowledge, skills. and abilities required by this
position were thoroughly and satisfactorily demonstrated. Citizenship and residence
requirements; as set forth by the Commission.
(2) Applicants must comply with the minimum selection standards of the Minnesota
Board of Peace officer Standards and Training.
22
ilL
.
Sergeant of Police
A. Nature of D~ties:
(1) Supervisory and/or administrative police work as assigned by the
Superintendent or a superior officer. Because of the nature of the work,
Sergeants may be assigned to administrative, command, training,
operational and/or staff functions. Sergeants regularly assigned to the
operating Division of the department are Line Sergeants and are
responsible for the supervision of personnel engaged in the protection of
life and property and the enforcement of the Jaws and ordinances during
an assigned tour of duty. The administrative Sergeant is responsible for
all auxiliary services through direct supervision of the Services Division of
the department.
B. Examples of Work Performed by Line Sergeants:
(1 ) Supervises police officers on an assigned shift.
(2) Supervises, on an assigned basis, various special units of the Operating
and Administrative Divisions of the department, Le., training, juvenile,
investigative, crime prevention, and others.
(3) Assigns officers to various beat, patrol, traffic and investigative functions
and/or specific problem, and cases and/or other work as necessary.
(4) Inspects officers for appearance.
(5) Conducts in-service training sessions, instructs personnel in proper work
methods and techniques.
(6) Assists department training officer by conducting formal classes,
supervising training programs and coaching department personnel in
those areas where he/she has particular expertise.
(7) Makes personal investigation of accidents and complaints involving
department personnel; submits reports on same to superior officers as
required.
(8) Reviews cases, reports, materials, evidence, and arrests made by
subordinate personnel for the purpose of assisting and advising them
and/or improving or correcting their work where necessary.
(9) Periodically conducts formal interviews with assigned personnel for the
purpose of evaluating their performance, based on personal observation,
conversation, and item listed in paragraph 8 of this section.
(10) Takes charge of police headquarters and headquarters personnel on his
assigned shift during the absence of a superior officer and/or the
Administrative Sergeant.
(11) Investigates environmental conditions conducive to police hazards and
makes recommendations relative to the elimination of such hazard.
23
(12) Conducts staff studies, makes reports, both oral and written, for and to
the Superintendent or any superior officer relative to various phases of
police work or department functions as required.
(13) Makes recommendations in regard to training needs, disciplinary action
and/or commendations relative to subordinate personnel.
(14) Patrols in a squad car or by any other means suitable for the. task at
band. Directs and assists in the investigation and preparation of difficult
or complex cases.
(15) Enforces the law the same as any other police officer and from time to
time, when necessary because of manpower consideration performs
work ordinarily performed by patrol officers as defined in Subsections
IV-B thru VII-B of this Section.
(16) Visits crime scenes, searches for and preserves evidence, investigates
and follows up clues, searches for and apprehends violators, interviews
suspects, prisoners, complainants, and witnesses.
" (17) Communicates confers and works with officials and representatives of .
other criminal justice agencies throughout the County, State and Nation
for the purpose of accomplishing certain phases of the police mission as
assigned.
(18) Sits on or conducts review and oral boards convened for the purpose of
evaluating the qualifications of persons seeking employment with the
department.
(19) Performs such other work relative to the position as assigned and/or as
directed by a superior officer.
C. Examples of Work Performed by the Administrative Sergeant:
(1) Performs all the work and duties as described for Line Sergeants when
necessary and/or as assigned.
(2) Assumes the role of duty sergeant or watch commander as assigned
and/or during the absence Of a regularly assigned Line Sergeant on a
given shift or tour of duty.
(3) Commands, directs and supervises the activities of the Services Division.
(4) Supervises all Services Division personnel including Dispatchers,
Community Service Officers, Parking. Enforcement Officers, Clerks and
other personnel assigned to the division.
(5) Maintains department work, vacation pay, sick leave, holiday and training
time schedules and coordinates same with the Commander of the
Operating Division.
(6) Administers, directs, and coordinates the total records keeping, filing, and
maintenance function of his department.
24
(7) Administers, directs, and coordinates the property impound and evidence
storage functions.
(8) Administers and directs the animal control program, house checks and
other community service programs.
(9) Administers and directs the parking enforcement program.
(10) Inspects, supervises and coordinates jail and booking procedures.
(11) Evaluates, plans, coordinates and directs effective equipment
inventories.
(12) Supervises all department purchasing.
(13) Coordinates department logistical needs with the Commander of the
Operating Division and the Superintendent.
(14) Supervises maintenance of all department equipment and maintains cost
records of same.
(15) Administers and supervises all civilian requests for various firearms
permits
(16) Writes annual Services Division Budget and coordinates same with
overall department request.
(17) Supervises, directs, and coordinates all phases of the department's
communication network.
(18) Performs such other tasks and duties relative and pertinent to the
position and/or as assigned. '
D. Desirable Knowledge. Skills and Abilities:
(1 ) Considerable knowledge of the rules and regulations of the Police
Department.
(2) Considerable knowledge of modern police methods. and procedures.
(3) Knowledge of pertinent Fed,eral and State laws and Local ordinances.
(4) Considerable knowledge of the geography of the City.
(5) Ability to plan and direct the work of police personnel as assigned.
(6) Ability to analyze difficult police problems and to adopt effective
measures for their solution.
(7) Ability to instruct police officers and other persons in law enforcement
techniques and work methods.
(8) Ability to deal with the public firmly and courteously and to establish and
maintain effective public relations.
(9) Knowledge of first-aid principles and skill in their application
(10) Skill in the use and care of all police equipment.
25
(11) Ability to command the respect of officers and to direct and supervise
. their work.
(12) Ability to understand and carry out oral and written instructions and to
prepare clear and comprehensive reports and work instructions.
(13) Ability to evaluate and correctly report on the performance of subordinate
personnel.
(14) Ability to react quickly and calmly in emergency situations.
(15) Ability to obtain information through interview and interrogation and to
determine appropriate police action.
(16) Considerable knowledge of community resources for social rehabilitation,
including school, welfare o'rganizations, and social agencies.
(17) Ability to speak and write effectively.
E. Desirable Experience and Training:
(1) Four years experience as a police officer including one year as a First
Grade Patrolman with this department.
(2) Education equivalent to that of high school graduation supplemented by
some formal training in modern police methods, practices and crime
detection.
F.. Minimum Application Requirements:
(1) Education equivalent to high school graduation; four years police
experience including one year as a police officer with the Hopkins Police
Department, unless there are insufficient qualified candidates within this
department, in which case the minimum requirements may be satisfied by
a candidate with equivalent experience in another police department and
licensed as a peace officer by the State of Minnesota, demonstrated
ability to apply knowledge and skills required by this position. Citizenship
and residency requirements as set forth by the Commission.v
(2) Applicants must comply with the minimum selection standards of the
Minnesota Board of Peace Officers Standards and Training.
26
IV.
.
p'atrol Officer
A. Nature of Duties:
General police work; Le. protection of life and property, maintenance of order, prevention of
crime, apprehension of criminals and enforcement of laws and ordinances.
Work is performed in accordance with departmental rules and regulations and consists
primarily of routine patrol, preliminary investigation, follow up investigation and traffic
regulation.
General and short term special assignments are received from superior officer and patrol
officers may be assigned to perform operational or administrative tasks.
Long term special assignments such as Criminal Investigator, Crime Prevention Officer,
Juvenile liaison Officer and such other long term special assignments as may be
necessary to accomplish the police mission are made at the discretion of the
Superintendent in accordance with established department policy and procedure.
B. Examples of Work Performed:
(1) Patrols a designated area in a squad car or by any other means assigned to
preserve law and order, prevent and discover the commission of crimes, supervise
traffic flow, enforce laws, ordinances and motor vehicle regulations.
(2) Answers calls and requests for police service from citizens in regard to:
(a) Crimes against persons, property and families.
(b) Public and private health and safety hazards.
(c) Public and private disputes between persons.
(d) Violations of Federal, State, and Local laws.
(e) Lost, found, seized, and impounded property.
(f) Accidents of all kinds, including traffic, home public, industrial, and firearms.
(g) Suicide, threatened suicides, attempted suicides, sudden death and bodies
found..
(h) Mobs, riots, unruly crowds, public and private disturbances and disruptions of
the peace and tranquility.
(i) Fires, explosions, suspected fires, bombs and incendiary devices.
(j) The need for information, advice, and counseling.
(k) Wild and domestic animals at large, animal bites, and other animal
complaints.
(I) Natural and unnatural disasters, phenomenon and preternatural events.
(m) Services that mayor may not fall within the framework of the traditional police
mission.
(3) Conducts preliminary and follow-up investigations.
(4) Gathers and preserves evidence and material that may become evidence;
27
(5) Searches for and obtains witnesses.
(6) Interviews witnesses, prisoners, victims, complainants, and suspects.
(7) Issues traffic, parking and other violation tickets.
(8) Makes warrant and warrantless arrests.
(9) Directs traffic, supervises traffic flow, investigates traffic accidents, reports and/or
corrects traffic. hazards of all kinds.
(10) Administers first aid when and where necessary.
(11) Controls crowds, quells disturbances riots, mobs, and other public and private
disorders.
(12) . Prepares information for the issuance of complaints, arrest warrants, search
warrants and subpoenas.
(13) Serves criminal processes including arrest warrants, search warrants and
subpoenas.
(14 ) Testifies in court.
(15) Conducts investigations of reported juvenile delinquency and other complaints
involving juveniles.
(16) Assists in the operation of a system of school traffic patrol.
(17) Assists in crime prevention program.
(18) Addresses civic and other groups regarding crime prevention, safety problems and
practices and/or other areas relative to the police mission where he/she has
expertise.
(19) Participates in surveys and studies relative to traffic safety, crime prevention and
other subjects pertinent to the police mission.
(20) Sits on review and/or oral boards as assigned for the purpose of evaluation and/or
hiring new employees.
(21) Assist in training, coaching and teaching new employees as assigned.
(22) Assists department training officer as assigned and may conduct classes in areas
where he/she has particular expertise
(23) Communicates, confers, and works with officials and representatives of other
criminal justice agencies throughout the County, State an9 Nation for the purpose of
accomplishing certain phases of the police mission as assigned.
(24) Writes reports, maintains log of daily activities, writes case summaries and
maintains records as required for the purpose of testifying in court or making verbal
reports to superior officers.
(25) From time to time, when necessary and as assigned, performs the work of police
dispatcher as described in subsection IX of this section.
(26) From time to time and when necessary supervises and directs less senior patrol
officers in the performance of their duties or work.
28
:Y
Yr,
II
(27) Performs such other work as directed and/or assigned by a superior officer.
C. Minimum Application Requirements:
(1) Education equivalent to high school graduation.
(2) Applicants must comply with the minimum selection standards of the Minnesota
Peace Officers Standards and Training Board.
D~\4t~ ~~c,/o 1
Det~ ~/Ol~/Ol
29
v.,
9 . " ,-. 1,.-.... '. 1 ' I
j c\~ t:.. c___o be c{"e . t: t:E-' C ';
Patrol Officer - Investigator
A. Nature of Duties:
General investigative and follow-up police work performed in accordance with
department rules, regulations and policy.
Officers assigned to this task must be able to act without direct supervision and
to exercise indeperldent discretion in making work decisions.
Officers work for the most part in plainclothes and are assigned to the Operating
Division of the department. Special instructions and directives are received from
a superior officer.
B. Examples of Work Performed:
(1) Investigate criminal offenses depending upon whether suspects are in
custody or not.
(2) Investigate criminal offenses when investiQative leads are noted.
(3) Investigate criminal offenses where a compelling influence such as
political (both implied or rear) dictates the need for follow-up.
(4) Investigate criminal offenses where the degree of the offense is of such
magnitude to necessitate an investigation, Le. rape, robbery, large
monetary loss, or a series of similar offenses.
(5) Write status reports on all offenses.
(6) Initiate phone calls when the complainant indicates the possibility of
locating a serial number.
(7) Review reports for thoroughness.
(8) Attend monthly meetings with other ~gencies.such as TriCounty
Investigators, Hennepin County Investigators, and the Check & Forgery
Council (F.B.I., Secret Service, Postal Inspectors, Hennepin and Ramsey
County municipal police departments).
(9) Establish an integral part in an alert system to the local business
community, Le. a hot line system with local banks regarding check and
fraud schemes, an analogous system with the hospitality association
including forgery, defrauding, co~nterfeiting, and theft.
(10) Prepare and complete cases for the City/County Attorneys offices.
(11) Obtain statements from victim(s), defendant(s), witness(es), and
complainant( s)
(12) Prepare and obtain search warrants.
(13) Follow up on collected evidence such as blood, clothing, tools, weapons,
etc. for lab analysis and chain of evidence control.
(14) Write investigative reports along with assembling an overall case.
30
Qt1. oe to be, 0\ eJ et,ec~l
"-A j
(15) Discuss with the appropriate attorneys office the details of the offense in
question.
(16) Sign complaints before a magistrate.
( 17) Testify in court.
(18) Complete records/reports relative to offenses and persons charged, Le. .
burglary M.O. file cards, check M.O. file cards, sex offender mug books,
defendant profi.le cards (to determine chemical dependency and
recidivism).
(19) Record individual caseloads - number oJ complaints investigated and
cleared, amount of property stolen and recovered.
(20) Update pin maps regarding burglary locations and type of
dwelling/business.
(21) Receive incoming phone calls from citizens regarding advice and
counsel.
(22) Receive phone calls from other law enforcement agencies for assistance.
(23) Assist the patrol on bank alarms and in special patrol functions.
(24) Set up intrusion alarm equipment.
(25) Conduct surveillance on known criminals and/or suspected criminal
targets.
(26) Develop tactical plans for coordinating investigative efforts, Le. CB radio
thefts, extortion plots, prostitution, and gambling.
(27) Communicate with other line functions, Le. talk to area patrol officers
regarding suspects and areas of high criminal incidents, write roll call
notes regarding saw and other related criminal intelligence.
(28) Keep abreast of changes in the criminal justice system, Le. read current
case law as it applies to the police, attend local meetings with police and
prosecutors relative to cha~ges in the system.
(29) Develop lines of communication with criminal and noncriminal informants.
Also, peripheral contacts, Le. utility companies, business community,
banks, hotels, and liquor establishments.
(30)' Develop special skills in use of equipment, Le. identikit, photography,
general surveillance equipment.
(31) Work in a covert capacity in vice investigations.
(32) Public speaking to church groups, social organizations, and business
groups relative to the detective function.
(33) Work with high school and college students regarding career
development in law enforcement and assist them in school projects of a
related nature.
(34) Keep assigned vehicle neat, clean and orderly - inside and out.
31
PC\<j ct:o be. del -eted
VI. Patrol Officer - School Liaison and Juvenile Investigation
A. Nature of Duties:
Represents the department in the schools and performs liaison work between
the school and the department, investigation and follow-up work on complaints
involving juveniles in accordance with department rules, regulations and policy.
Officers assigned to this task must be able to act without direct supervision and
to exercise independent discretion in making work decisions.
Officers work for the most part in plainclothes and are assigned to the Operating
Division of the department. Special assignments are received from superior
officers.
B. Examples of Work Performed:
(1) Investigate crimes alleged committed by Juveniles:
(a) When no suspects or leads exist.
(b) When leads or weak suspects exist.
(c) When a good suspect exists. .
(2) Investigate status offenses alleged committed by juveniles.
(a) When leads or weak suspects exist.
(b) When an actual suspect exists.
(3) Evaluation/disposition conferences with parents and/or juveniles charged
with any offense.
(4) Face-to-face advice giving/counseling sessions with parents and/or
juvenil.es not charged with an offense,
(5) Handle telephone requests for advice or assistance on juvenile matters.
(6) Consult with probation officers, intake officers and prosecuting attorneys
to seek advice on juvenile or legal procedures and related matters.
(7) Recover property from crimes.
(8) Transport juveniles to juvenile detention, St. Joseph's Home for Children,
and other facilities.
(9) Prepare cases for court or other referral.
(10) Write reports of daily activities.
(11 ) Attend division meetings.
(12) Attend training sessions.
(13) Patrol public places where juveniles congregate.
(14) Meet with informants.
(15) Attend and participate in pupil personnel meetings.
32
t nJj C", i.-r:1 b e (~E::.I \2:. 'If:?.C~
(16) Prepare and present classes to students.
(a) Elementary schools.
(b) Junior high schools.
(c) High schools.
(17) Meet with parent-teacher organizations and other citizen groups
(18) Attend various school related functions (e.g. proms, dances, football
games). A deterrent to improper acts.
(19) Investigate situations in which possible Jaw violations exist both within
and outside of schoo Is.
(20) Informal rap sessions with juveniles or teachers.
(21) Assist school personnel with students with significant behavior problem.
(22) Seek out business people within a school area and establish a pOSitive
relationship with them.
(23) Patrol school area before and after school.
(24) Establish positive relationships with youth in the school area.
(25) Keep assigned vehicle neat and clean.
(26) Other investigative work as assigned.
33
VI-I. Crime Prevention Officer
.
34
VIii. Community Service Officer
A. Nature of Duties:
General non-criminal police work and patrol.
Work is performed in accordance with department rules, regulations, and policy
and consists primarily of routine patrol, animal control, parking enforcement and
enforcement of non-criminal ordinances and. regulations.
Under the general supervision of the Commander of the Service Division and
functional supervision of the Duty Sergeant, the Community Service Officer may
be"assigned to operational or administrative tasks.
B. Examples of Work Performed:
(1) Patrols city on foot or in assigned vehicle checking security of buildings,
stores, shops, parking lots, industrial areas, and homes of persons
requesting vacation house checks.
(2) Captures and impounds stray animals as part of patrol activities or in
response to reports; traces owner of record through animal license or
vacation records, issues citations for violations, explains city ordinances
related to animal care to owner.
(3) Investigates animal complaints and similar disturbances.
(4) Makes citizens aware of ordinances and regulations relative to animal
control.
(5) Directs traffic and acts as escort to visiting dignitaries and for funerals as
required.
(6) Conducts tours of the fire station and police station.
(7) Assists police officers in maintenance of standard supplies and
equipment for patrol vehicles.
(8) Patrols controlled parking zones and enforces all city parking ordinances.
(9) Testifies in court concerning summons issued.
(10) From tine to time when necessary and as assigned, petiormsthework of
police dispatcher as described in subsection IX of this section.
(11) Responds to lost and found property calls as needed. .
(12) Enforces bicycle traffic code, writes juvenile violation cards.
(13) Enforces such other non-criminal ordinances as required.
(14) Directs traffic for emergencies and special events.
(15) Perform clerical work when necessary and as assigned.
(16) Transports evidence, material, messages, persons, and documents, etc.
to and from the other Criminal Justice agencies throughout the metro
area and beyond when necessary and as assigned.
35
(17)
(18)
(19)
(20)
(21 )
(22)
(23)
(24)
(25)
(26)
(27)
Assists lost and stranded motorists.
Notifies appropriate city departments of needed repairs or hazards.
Checks polling places on election days.
Assists with police car maintenance and annual changeovers.
Dispenses qualified information to citizens and others on request.
Assists with squad car odometer certification.
Provides speed checks for radar patrol officer.
Assists in the maintenance of property rooms, records, and supplies.
Makes and maintains supplies of department forms as assigned.
Assists Crime Prevention Officer as assigned.
Writes reports and makes follow-up investigation where applicable and
preserves evidence.
Searches for witnesses.
(28)
(29) Participates in surveys and studies relative to aU phases of police work as
required.
Performs stakeout duty in no-risk situations.
Maintains a daily log.
Prepares information for issuance of complaints in those areas of
jurisdiction prescribed by department policy.
(33) Assists in jailing, booking, and/or searching prisoners when required.
(34) Reports to and/or directs officers to observed criminal and/ or traffic
violations where applicable and within policy guidelines.
(35) Performs such other work as assigned relative to the position and within
the guidelines prescribed by department rules, regulations and policy.
B. Desirable Knowledge. Skills and Abilities:
(1) Ability to learn to operate various police motor vehicles.
(2) Ability to communicate verbally and in writing in concise intelligible terms.
(3) Ability to deal courteously with the public and maintain effective working
relationships with other employees.
(4) Ability to think, act, and respond calmly and accurately to emergency
situations.
(30)
(31)
(32)
(5) Ability to factually recall and/or report events or information.
(6) Ability to work with basic mathematical problem (add, subtract, etc.)
(7) Ability to assemble data and prepare reports.
36
(8) Ability to learn to use CRT, copying machines, multifrequency shortwave
radio, and other communication devices and/or office equipment.
(9) Ability to gain knowledge of and learn to use technical forms and
terminology of the Criminal Justice System
(10) Abilityto acquire knowledge of th~ organization, functions, and
regulations of those criminal justice agencies with which the department
deals on a regular basis.
(11 ) Enough physical strength and ability and freedom from serious physical
defects as indicated by physical examinationto be able to perform the
duties and tasks required.
(12) Ability to handle and/or control or learn to handle and/or control both wild
and domestic animals.
. D. Desirable Experience and Training:
(1) No experience necessary.
E. Minimum Application Requirements:
(1) High School diploma or equivalent.
37
FOOTNOTES
i Amended 9/14/1999
ii Amended 9/14/1999
iii Amended 9/14/1999
iv Sections 23 to 30 were added on 9/14/1999.
v Amended 1114/1996.
38
ADMINISTRATIVE POLICY #8-C
HIRING POLICY AND PROCEDURES
TABLE OF CONTENTS
1.01 PROCEDURES
1.02 RECRUITMENT
1.03 ADVERTISEMENTS
1.04 EQUAL OPPORTUNITY
1.05 REQUIREMENTS FOR EMPLOYMENT
1.06 APPLICANT SCREENING PROCESS
1.07 VETERAN'S PREFERENCE
1.08 PHYSICAL EXAMINATION
1.09 RELATIONSHIP TO OTHER CITY PERSONNEL
1.10 APPOINTMENTS
1.11 APPLICATIONS- FALSE STATEMENTS
1.12 NEW EMPLOYEE PACKET
1.13 POST HIRE ACTMTIES
1
Revised: 5/14/91
.
1.01 PROCEDURE
The following steps shall be followed when hiring:
1 - Review/revise job description
2 - Post opening on bulletin board (at least 5 days)
3 - Advertise position, including using EEO sources
4 - All applicants must fill out a job application form .
5 - Review applications
6 - Interview/test applicants
7 - Assign veteran preference points
8 - Supervisor makes pre1iminaIy offer of employment
9 - Supervisor fills out Personnel Action Form
10 - Applicant fills out and signs background check form and Applicant Alcohol and Drug Test Consent
Form.
11 - Applicant undergoes physical with drug test
12 - Results of physical and background check received by Personnel
13 - Finance Department prepares a New Employee Packet
14 - Applicant hired
15 - Employee receives New Employee Packet from the Finance Department
16 - Employee begins work
1.02 RECRUITMENT
The recruitment of applicants for employment with the City shall take place at the direction of the City
Manager or the City Manager's designee.
Promotion of employees from within the City organization shall be encouraged. Notice of openings in
pennanent full and part -time positions shall be posted on each City bulletin board for at least a five day
period.
1.03 ADVERTISEMENTS
All permanent full-time and part-time positions shall be advertised in the newspapers appropriate for the
vacancy's labor market
All job advertisements shall be posted on the main City Hall bulletin board and sent to the following:
Minnesota Job Service, the official City newspaper, and the Minneapolis Spokesman.
All job advertisements shall state:
o the title of the position,
o the minimum qual~cations,
o where applications can be obtained,
o starting salary range,
o how the position will be filled (testing, interview, etc.),
o other relevant infonnation.
All job advertisements shall include the statement: "An Equal Opportunity Employer".
1.04 EQUAL OPPORTUNITY
Competition for positions with the City shall be open to all applicants who meet the qualifications
established for those positions. No person shall in any way be discriminated against because of race, color,
creed, religion, national origin, affectional or sexual preference, marital status, disability, status with regard I
to public assistance, political afflliations, sex, or age.
2
.
1.05 REQUIREMENTS FOR EMPLOYMENT
Applications for employment shall be accepted at any time. All applicants for a position with the City shall
file an employment application on a form provided by the City. All information must be verified if required
by the City. Applications submitted by prospective employees shall become the property of the City and will
not be returned. Applications will be retained for one year.
The following infonnation about applicants is public:
a) names of applicants
b) when certified, if. the City has a civil service system, or otherwise determined to be eligible for
appointment to a vacancy;
c) veteran's status;
d) relevant test scores;
e) rank on eliglole list;
1) jobhistory;
g) education and training;
h) work availability.
1.06 APPLICANT SCREENING PROCESS
The . screening process of applicants may include oral interviews, evaluation of experience, education and
training, and reference . checks. The process may also include, but . not be limited to one or any. combination
of the following as determined by the City Manager in consultation with the Department Head:
o Written examinations
o Performance evaluations
o Physical examinations
o Psychological evaluations/intelligence tests
o Background investigations
o Physical agility-dexterity tests
1.07 VETERAN'S PREFERENCE
All applicants, for positions other than Department Head, shall be given the opportunity. to claim veteran's
preference prior to an interview. Candidates must pass all scoring requirements (e.g., training & education,
written exam, skills test, etc.) before veteran's preference is considered.
Veteran's preference is an addition to the combined scores of all tests and/or interviews. A nondisabled
veteran is entitled to an additional 50/0, 10% if the veteran is. disabled (5% on promotional exam). The
records will show the combined scores plus the preference score.
Each veteran's name is placed on the eligible list in the ranking order in which the augmented score entitles
him or her. If a veteran and a non-veteran have the same score, the veteran's name is placed first.a
The City may require the veteran to provide Form DD214 or other documentation prior to appointment
1.08 PHYSICAL EXAMINATION
Before appointment to a permanent position an applicant shall be required to take a physical examination to
determine the applicant's physical ability to perform the duties of the position. Failure to pass the physical
examination may be cause for not hiring . an applicant. Applicants. must also take an Drug and Alcohol
Test. Failure to pass this test shall because for not hiring the applicant.
3
1.09 RELATIONSHIP TO ornER CITY PERSONNEL
It is the City's policy that relatives of persons currently employed by the City may be hired only if they will
not be working under or over a relative within a reporting chain and are not likely. to be in such a position
in the future. Current employees of the City will not be transferred or promoted into such a reporting chain
relationship. If the employees become relatives after employment, management will implement any
appropriate transfer or separation decision which may be necessary after consulting with the affected
employees.
1.10 APPOINTMENTS
The scores from all testing, interviews, and veteran preference shall be combined and the highest three
candidates will placed on the Eligible List Appointments shall be made from the Eligible List on the basis
of the applicant's qualifications for the position and on the recommendation. of the Department Head,
Supervisor, or examining board. The City Manager shall make the final decision on hiring.
All other factors being equal, members of the Hopkins Fire Department will be given preference in hiring.
Supervisors will make every effort to accommodate any employee who wishes to join the Fire Department
1.11 APPLICATIONS - FALSE STATEMENTS
No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test,
certificate, or appointment held or made under the municipal personnel system or in any nianner commit or
attempt to commit any fraud preventing the impartial execution of the provisions of this section. False
statements shall be grounds for dismissal.
1.12 NEW EMPLOYEE PACKET
The following infonnation is provided in the New Employee Packet:
1 - Organization Chart
2 - Personnel Policy
3 - Unioq Contract, if applicable
4 - Job Description
5 - Policy on City Council/Staff Relations
6 - Travel Regulations & Reimbursement Policies
7 - Vehicle Use Policy
8 - Smoking Policy
9 - Policy on Closing of City Offices
10 - Customer Service Policy
11 - Mof of the City
12 - Employee Phone Numbers
4
.
13 - Finance Department FonDS
W4
1-9
· AIW form
· Employee Emergency Data & Notification Form
· PERA Enrollment
· PERA Information Brochure
· Credit Union Brochure
· Insurance FonDS (If applicable)
o Delta Enrollment Form
o Delta Dental Plan Summary
o HMO Benefit Comparison
o . LOGIS Life Insurance Form
o Employee Application for Group Insurance Coverage
o Flexible Spending Account (FSA) Enrollment Form
o FSA Instructions
o COBRA letter.
1.13 POST HIRE ACTIVITIES
1 - Visit finance department & filled out all forms
2.... Discuss hours of work, overtime, rest periods, etc.
3 - Review standards, goals and objectives
4 - View City Services video tape
5 - Train on telephone system
6 - View sexual harassment videotape
7 - Reviewed customer service manual
8 - Reviewed any department manuals
5
6.2 The Union may designate Employees from the bargaining unit to act as Steward and an
alternate and shall inform the Employer in writing of such choice and change in the
position of Steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for posting
Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 DEFINITION OF A GRIEVANCE
A Grievance is defined as a dispute or disagreement as to the interpretation or application,
of the specific terms and conditions of this Agreement.
7.2 UNION REPRESENTATIVES
The Employer will recognize Representatives designated by the Union as the grievance
representatives of the bargaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
Representatives and of their successors when so designated as provided by 6.2 of the
Agreement.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
Employees and shall therefore be accomplished during normal working hours only when
consistent with such Employee duties and responsibilities.
The aggrieved Employee and Union Representatives shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
Employer during normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated. supervisor who
has determined that such absence is reasonable and would not be detrimental to the work
programs of the Employer.
7.4 PROCEDURE
Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedures:
Step 1.
An Employee claiming a violation concerning the interpretation or
3
Step 2.
Step 3.
Step 4.
application of this Agreement shall within twenty-one (21) calendar days
after such alleged violations have occurred, present such grievance to the
Employee's supervisor as designated by the Employer. The Employer-
designated representative will discuss and give an answer to such Step 1
grievance within ten (1 0) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting
forth the nature of the grievance, the facts on setting forth the nature of the
grievance, the facts on which it is based, the provision or provisions of the
Agreement allegedly violated, the remeqy requested, and shall be appealed
to Step 2 within.ten (10) calendar days after the Employer-designated
representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be
considered waived.
If appealed, the written grievance shall be.presented by the Union and
discussed with the Employer-designated Step 2 representative. The
Employer designated representative shall give the Union the Employer's
Step 2 answer in writing within ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 maybe appealed to
Step 3 within ten (10) calendar days following the Employer-designated
representative's final Step 2 answer. Any grievance not.appealed in
writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
If appealed, the written grievance shall be presented by the Union and
discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shall give the Union the Employer's
answer in writing within ten (10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4
within then (10) calendar days following the Employer-designated
representative's final answer in Step 3. Any grievance not appealed in
writing to Step 4 by the Union within ten (10) calendar days shall be
considered waived.
A grievance unresolved in Step 3 and appealed to Step 4 by the Union
shall be submitted to arbitration subject to the provisions of the. Public
Employment Labor Relations Act of 1971. The selection of an arbitrator
shall be made in accordance with the "Rules Governing the Arbitration of
Grievances" as established by the Bureau of Mediation Services.
7.5 ARBITRATOR'S AUTHORITY
A.
.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
Employer and the Union, and shall have no authority to make a decision on any
4
other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the hearing
or the submission of briefs by the parties, whichever be later, unless the parties
agree to an extension. The decision shall be binding on both the Employer and the
Union and shall be based solely onthe arbitrator's interpretation or application of
the express terms of this agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's.services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be
made providing it pays for the record. If both parties desire a verbatim record of
the proceedings, the cost shall be. shared equally.
7.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual written agreement of the Employer and the Union in each step.
If, as a result of the written Employer response in Step 3, the grievance remains
unresolved, and if the grievance involved the suspension, demotion, or discharge of an
Employee who had completed the required probationary period, the grievance may be
appealed either to Step 4 of the Article 7 or a procedure such as: Civil Service, Veteran's
Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article .
7, the grievance is not subject to the arbitration procedure as provided in Step 4.of Article
7. The aggrieved Employee shall indicate in writing which procedure is to be utilized--
Step 4 of Article 7 or another appeal procedure--and shall sign a statement to the effect
that the choice of any other hearing precludes.the.aggrieved Employee from making a
subsequent appeal through Step 4 of Article 7.
ARTICLE 8 SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the City of
Hopkins. In the event any provision of this Agreement shall be held to be contrary to law by a
court of competent jurisdiction from whose final judgement or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions of this Agreement
shall continue in full force and effect. The voided provision may be renegotiated at the written
5
626.89 Peace Officer Discipline Procedures Act.
Subdivision 1. Definitions. For purposes of this section, the terms
defined in this subdivision have the meanings given them.
(a) "Administrative hearing" means a nonjudicial hearing or arbitration
authorized to recommend, approve, or order discipline.
(b) "Formal statement" means the questioning of an officer in the course
of obtaining a recorded, stenographic, or signed statement to be used as
evidence in a disciplinary proceeding against the officer.
(c) "Officer" means a licensed peace officer or part-time peace officer,
as defined in section ~~_~_:_~!, subdivision 1, paragraphs (c) and (f), who is
employed by a unit of government.
Subd. 2. Applicability. The procedures and provisions of this section
apply to law enforcement agencies and government units. The procedures and
provisions of this section do not apply to:
(1) investigations and proceedings of the Minneapolis civilian police
review authority; or
(2) investigations of criminal charges against an officer.
Subd. 3. Governing formal statement procedures. The formal statement
of an officer must be taken in accordance with subdivisions 4 to 10.
Subd. 4. Place of formal statement. The formal statement must be
taken at a facility of the employing or investigating agency or at a place
agreed to by the investigating individual and the investigated officer.
Subd. 5. Complaint. An officer's formal statement may not be taken
unless there is filed with the employing or investigating agency a written
complaint signed by the complainant stating the complainant's knowledge, and
the officer has been given a summary of the allegations. Complaints stating
the signer's knowledge also may be filed by members of the law enforcement
agency. Before an administrative hearing is begun, the officer must be given
a copy of the signed complaint.
Subd. 6. Witnesses; investigative reports. Upon request, the
investigating agency or the officer shall provide the other party with a list
of witnesses that the agency or officer expects to testify at the
administrative hearing and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other
party and an officer is entitled to a copy of the investigating agency's
investigative report, provided that any references in a witness statement or
investigative report that would reveal the identity of confidential
informants need not be disclosed except upon order of the person presiding
over the administrative hearing for good cause shown.
Subd. 7. Sessions. Sessions at which a formal statement is taken must
be of reasonable duration and must give the officer reasonable periods for
rest and personal necessities.
When practicable, sessions must be held during the officer's regularly
scheduled work shift. If the session is not held during the officer's
regularly scheduled work shift, the offi~er must be paid by the employing
agency at the officer's current compensation rate for time spent attending
the session.
Subd. 8. Record. A complete record of sessions at which a formal
statement is taken must be made by electronic recording or otherwise. Upon
written request of the officer whose statement is taken, a complete copy or
transcript must be made available to the officer without charge or undue
delay. The session may be tape recorded by the investigating officer and by
the officer under investigation.
Subd. 9. Presence of attorney or union representative. The officer
whose formal statement is taken has the right to have an attorney or union
representative of the officer's choosing present during the session. The
officer may request the presence of an attorney or union representative at
any time before or during the session. When a request under this subdivision
is made, no formal statement may be taken until a reasonable opportunity is
provided for the officer to obtain the presence of the attorney or union
representative.
Subd. 10. Admissions. Before an officer's formal statement is taken,
the officer shall be advised in writing or on the record that admissions made
in the course of the formal statement may be used as evidence of misconduct
or as a basis for discipline.
Subd. 11. Disclosure of financial records. No employer may require an
officer to produce or disclose the officer's personal financial records
except pursuant to a valid search warrant or subpoena.
Subd. 12. Release of photographs. No law enforcement agency or
governmental unit may publicly release photographs of an officer without the
written permission of the officer, except that the agency or unit may display
a photograph of an officer to a prospective witness as part of an agency or
unit investigation, and the agency or unit may provide a photograph of an
officer to the civilian police review authority for it to display to a
prospective witness as part of the authority's investigation.
Subd. 13. Disciplinary letter. No disciplinary letter or reprimand
may be included in an officer's personnel record unless the officer has been
given a copy of the letter or reprimand.
Subd. 14. Retaliatory action prohibited. No officer may be
discharged, disciplined, or threatened with discharge or discipline as
retaliation for or solely by reason of the officer's exercise of the rights
provided by this section.
Subd. 15. Rights not reduced. The rights of officers provided by this
section are in addition to and do not diminish the rights and privileges of
officers that are provided under an applicable collective bargaining
agreement ,or any other applicable law.
Subd. 16. Action for damages. Notwithstanding section 3.736 or
466.03, a political subdivision or state agency that violates this section is
liable to the officer for actual damages resulting from the violation, plus
costs and reasonable attorney fees. The political subdivision or the state
is deemed to have waived any immunity to a cause of action brought under this
subdivision, except that the monetary limits on liability under section
3.736, subdivision 4, or 466.04 apply.
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