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058 of 2020 - Creating an Appeal Hearing Officer System1 O 20-1 O 20-18 SALT LAKE CITY ORDINANCE No. 58 of 2020 (Adopting competitive merit-based recruitment and promotion processes for full-time non-appointed positions in the Fire Department and the Police Department.) An ordinance enacting Chapter 2.98 of the Salt Lake City Code relating to a competitive merit-based recruitment and promotion process for full-time non-appointed position in the Fire Department and the Police Department. WHEREAS, the Salt Lake City Council has determined that the adoption of competitive merit-based recruitment and promotion processes for full-time non-appointed positions in the Fire Department and the Police Department is in the best interests of Salt Lake City; NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City as follows: SECTION 1. Chapter 2.98 of the Salt Lake City Code, relating to a competitive merit-based recruitment and promotion process for full-time non-appointed position in the Fire Department and the Police Department, is enacted to read as follows: Chapter 2.98: Recruitment and Promotion for Police and Fire 2.98.010 Purpose 2.98.020 Definitions 2.98.030 General Principles/Administrative Oversight 2.98.040 Rules, Regulations, and/or Procedures 2.98.010 PURPOSE: The purpose of this ordinance is to adopt competitive merit-based recruitment and promotion processes for full-time non-appointed positions in the Fire Department and the Police Department. 2 2.98.020 DEFINITIONS: RECRUITMENT: The process by which an applicant is selected for a full-time non- appointed position in the Fire Department or the Police Department. PROMOTION: The process by which an applicant is selected for a full-time, non- appointed, non-entry level position in the Fire Department or the Police Department. EXAMINATION: The process by which, through a competitive job-related assessment (or series of job-related assessments), an applicant’s qualifications for recruitment or promotion are evaluated. 2.98.030 GENERAL PRINCIPLES/ADMINISTRATIVE OVERSIGHT: A. The Human Resources Department shall oversee the administration of the recruitment and promotion processes for full-time non-appointed positions in the Fire Department and the Police Department. In overseeing the administration of these recruitment and promotion processes, the Human Resources Department shall adhere to the following general principles: 1. Open merit-based competition, which will include preference being given to current employees of Salt Lake City Corporation. 2. Diversity and inclusivity. 3. The establishment of objective job-related minimum qualifications for each full- time non-appointed position and a requirement that applicants meet such minimum qualifications to be considered for recruitment or promotion. 4. Promotional examinations that ensure each applicant is qualified for the position sought, consider the qualifications of each applicant, and result in a rank-ordered list of qualified applicants. 5. Recognition of the equivalency of merit examination processes administered by other law enforcement agencies, for the purpose of recruiting qualified external applicants for non-entry level positions in the Police Department. 6. Recognition that individuals selected for or promoted to the ranks of Captain and Battalion Chief in the Fire Department shall be current employees of the Fire Department. 7. If a memorandum of understanding (“MOU”) between Salt Lake City Corporation and the International Association of Firefighters Local 81 (“Local 81”) is in effect, those provisions of the MOU pertaining to recruitment and promotion processes for eligible employees represented by Local 81 supersede any recruitment and promotion processes for such employees established in accordance with the provisions of this Chapter. 8. The establishment of probationary periods. 9. The establishment of requirements and time limitations pertaining to employees designated to serve in an “acting” capacity. 10. The establishment of a process by which a current employee of Salt Lake City Corporation who is not selected for promotion may appeal that decision. 3 Approved as to Form: Salt Lake City Attorney’s Office Katherine Lewis (Dec 28, 2020 11:09 MST) Katherine N. Lewis, City Attorney 2.98.040 RULES, REGULATIONS, AND/OR PROCEDURES: The Mayor, or the Chief Human Resources Officer at the direction of the Mayor, shall adopt and publish rules, regulations, and/or procedures governing competitive merit- based recruitment and promotion processes for full-time non-appointed positions in the Fire Department and the Police Department that are consistent with this Chapter, applicable law, and any applicable memorandum of understanding and further the objectives of this Chapter. SECTION 2. This ordinance shall become effective upon first publication. If, as of the date of first publication of this ordinance, a petition filed pursuant to Chapter 4-2- 13 of the Salt Lake City Civil Service Commission Rules and Regulations is pending before the Salt Lake City Civil Service Commission and the petition hearing has not yet begun, the petitioner has the right to have his/her petition heard and adjudicated: i) by the Salt Lake City Civil Service Commission in accordance with that entity’s existing governing ordinances, rules, regulations, and procedures or ii) via the appeal process established in accordance with the provisions of this Chapter. Passed by the City Council of Salt Lake City, Utah this 8th day of December, 2020. Chris Wharton (Dec 28, 2020 17:39 MST) CHAIRPERSON ATTEST: Cindy Trishman (Dec 29, 2020 08:32 MST) CITY RECORDER 4 Transmitted to Mayor on 12/29/2020 . Mayor's Action: Approved. _Vetoed. CITY RECORDER (SEAL) Bill No. 58 of 2020. MAYOR Published: 01/02/21 . Erin Mendenhall (Dec 29, 2020 08:25 MST) Cindy Trishman (Dec 29, 2020 08:32 MST) ✔ Ordinance 58 of 2020 (recruitment & promotion), adopted 12-8-20. Final Audit Report 2020-12-29 "Ordinance 58 of 2020 (recruitment & promotion), adopted 12-8- 20." History Document created by Kory Solorio (kory.solorio@slcgov.com) 2020-12-28 - 5:53:21 PM GMT- IP address: 204.124.13.222 Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature 2020-12-28 - 5:56:39 PM GMT Email viewed by Katherine Lewis (katherine.lewis@slcgov.com) 2020-12-28 - 6:09:11 PM GMT- IP address: 67.164.250.15 Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com) Signature Date: 2020-12-28 - 6:09:48 PM GMT - Time Source: server- IP address: 67.164.250.15 Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature 2020-12-28 - 6:09:49 PM GMT Email viewed by Chris Wharton (chris.wharton@slcgov.com) 2020-12-29 - 0:39:03 AM GMT- IP address: 73.63.28.254 Document e-signed by Chris Wharton (chris.wharton@slcgov.com) Signature Date: 2020-12-29 - 0:39:10 AM GMT - Time Source: server- IP address: 73.63.28.254 Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2020-12-29 - 0:39:12 AM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2020-12-29 - 3:25:00 PM GMT- IP address: 97.117.80.158 Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2020-12-29 - 3:25:15 PM GMT - Time Source: server- IP address: 97.117.80.158 Created: By: Status: 2020-12-28 Kory Solorio (kory.solorio@slcgov.com) Signed Transaction ID: CBJCHBCAABAAeYFQRZ5ZuOFxzsbBB4MTxh4Y54MDBgoQ Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2020-12-29 - 3:25:17 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2020-12-29 - 3:32:48 PM GMT - Time Source: server- IP address: 204.124.13.222 Agreement completed. 2020-12-29 - 3:32:48 PM GMT