§ 14-51-301 — Rules and regulations generally

Arkansas § 14-51-301

• Jurisdiction: Arkansas
• Title: 14

Text

(a) (1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the fire and police departments of its respective cities. (2) The rules and regulations shall have the same force and effect of law. (3) The board shall keep a record of its examinations and shall investigate the enforcement and effect of this chapter and the rules as provided for in this section. (b) These rules shall provide for: (1) (A) The qualifications of each applicant for appointment to any position on the police or fire department. (B) (i) (a) A person must be at least eighteen (18) years of age and, except as provided in subdivision (b)(1)(C) of this section, must not have arrived at thirty-five (35) years of age to be eligible for appointment to any position on the fire department. (b) The board may require a person to be at least twenty-one (21) years of age to be eligible for appointment to any position on the fire department. (ii) A person shall meet the minimum standards established by the Arkansas Commission on Law Enforcement Standards and Training to be eligible for appointment to the police department affected by this chapter. (C) However, the maximum age limit for appointment to any position with a fire department in subdivision (b)(1)(B)(i) of this section shall not apply to: (i) Any person who has at least two (2) years of previous experience as a paid firefighter with another fire department and whose years of experience as a paid firefighter when subtracted from the person's age leaves a remainder of not more than thirty-five (35) years; (ii) Any person who is applying for a position with a fire department in which the primary functions of the job involve duties that are administrative, managerial, or supervisory in nature; or (iii) A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. § 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States; (2) (A) Open competitive examinations to test the relative fitness of applicants for the positions. (B) (i) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (ii) During the employee review process, the employee may not copy test questions in any form whatsoever; (3) (A) Public advertisement of all examinations by publication of notice in some newspaper having a bona fide circulation in the city and by posting of notice at the city hall at least ten (10) days before the date of the examinations. (B) The examinations may be held on the first Monday in April or the first Monday in October, or both, and more often if necessary under such rules and regulations as may be prescribed by the board; (4) (A) (i) (a) The creation and maintenance of current eligibles lists for each rank of employment in the departments, in which shall be entered the names of the successful candidates in the order of their standing in the examination. However, for ranks in each department where there may not be openings during the effective period of a list, the board may establish rules to create the eligibles list on an as-needed basis. (b) If the board creates an eligibles list on an as-needed basis and a vacancy is created as a result of death, termination, resignation, demotion, retirement, or promotion, the chief of the fire department or police department shall notify the board within five (5) business days, and the board shall schedule an examination to establish an eligibles list from which an appointment or promotion shall be made unless the position is determined to be eliminated or not funded by the governing body of the city. (ii) (a) A person is not eligible for examination for advancement from a lower rank to a higher rank until that person has served at least one (1) year in the lower rank, except in case of emergency, which emergency shall be decided by the board. The board shall determine the rank or ranks eligible to be examined for advancement to the higher rank. (b) If the board designates an effective period for eligibles lists of more than one (1) year under subdivision (b)(4)(B)(i) of this section, a person shall be eligible for examination for advancement from a lower rank to a higher rank if the person is within twelve (12) months of meeting the time in service requirement for eligibility. However, if that person takes the examination and then is placed on the eligibles list for promotion, the person shall not be promoted from the eligibles list until the person meets the minimum service time requirement in the lower rank as established by the board. (c) The eligibles list for promotion shall be certified within ninety (90) days upon completion of the examination process for advancement under this section. (d) When there is a current eligibles list for entry-level firefighters, positions shall be filled within six (6) months of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated or not funded by the governing body of the city, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as it existed on January 1, 2015. (B) (i) (a) Unless the board designates a longer effective period for eligibles lists that is not less than one (1) year nor more than two (2) years, all lists for appointments or promotions as certified by the board shall be effective for the period of one (1) year. (b) (1) If the period of the eligibles list is for more than one (1) year, the time period shall be established and certified before a component of the test is administered to an employee. (2) After the eligibles list is certified, the time period shall not be extended. (ii) At the expiration of this period, all right of priority under the lists shall cease; (5) (A) The rejection of candidates as eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have been guilty of a felony, or who have attempted fraud or deception in connection with the examination. (B) (i) All applicants for appointment and all applicants for reinstatement shall undergo a suitable physical examination. (ii) (a) The examination shall be conducted in the manner and form as provided by law. (b) If no provision has been made by existing law for such examination, then the board may adopt proper rules and regulations to carry this subdivision (b)(5) into effect; (6) Certification to the department head of the eligibility list for appointment for that rank of service, and for the department head to select for appointment one (1) of the five (5) standing highest certified to him or her or for promotion one (1) of the three (3) standing highest certified to him or her and notify the commission thereof; (7) (A) A period of probation not to exceed eighteen (18) months for potential fire department appointees and at least one (1) year but no longer than two (2) years for potential law enforcement appointees before any appointment is complete and six (6) months before any promotion is complete. (B) During the period, the probationer may be discharged in case of an appointment or reduced in case of promotion by the chief of police or the chief of the fire department; (8) (A) Temporary employees without examination with the consent of the commission, in cases of emergency, and pending appointment from the eligibles list. (B) (i) Except as provided in subdivision (b)(8)(B)(iii) of this section, a temporary promotion or appointment for a vacancy created by death, termination, resignation, demotion, retirement, or promotion shall not be made for longer than sixty (60) days when there is a current eligibles list, except to the extent necessary to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (ii) Except as provided in subdivision (b)(8)(B)(iii) of this section, in the absence of a current eligibles list, a temporary promotion or appointment may be allowed for a vacancy created by death, termination, resignation, demotion, retirement, or promotion until an eligibles list is certified unless the position is determined to be eliminated or not funded by the governing body of the city. (iii) If an appeal is filed in connection with a vacancy that is created by a termination or demotion, the vacancy may be filled by a temporary promotion until all appeals in connection with the termination or demotion are exhausted. (C) A vacancy that is created by vacation, bereavement leave, medical leave, military leave, or suspension on a day-to-day basis may be filled by a temporary promotion on a day-to-day basis as vacancies occur. (D) An increase in salary beyond the limits fixed for the grade by the rules of the commission may be allowed while an employee is working outside of his or her grade while temporarily promoted to fill a vacancy under this subdivision (b)(8); (9) (A) (i) Establishing eligibility lists for promotion based upon open competitive examinations. (ii) The examinations are to be protected from disclosure and copying, except that the civil service commission shall designate a period of time following the conclusion of testing in which an employee taking an examination shall be entitled to review his or her own test results. (iii) During the employee review process, the employee may not copy test questions in any form whatsoever. (iv) The exams may include a rating of applicants based on results of written, oral, or practical examinations, length of service, efficiency ratings, and educational or vocational qualifications. (v) (a) Lists shall be created for each rank of service and promotions made from the lists as provided in this section. (b) When there is a current eligibles list, promotions shall be made within sixty (60) calendar days of a vacancy created by death, termination, resignation, demotion, retirement, or promotion unless the position is determined to be eliminated, except to the extent necessary to comply with regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994, 20 C.F.R. Part 1002, as in effect on January 1, 2015. (B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the rules of the commission shall constitute a promotion; (10) Suspension for not longer than thirty (30) calendar days and leave of absence; (11) (A) Discharge or reduction in rank or compensation after promotion or appointment is complete, only after the person to be discharged or reduced has been presented with the reasons for the discharge or reduction in writing. (B) (i) The person so discharged or reduced shall have the right, within ten (10) days from the date of notice of discharge or reduction, to reply in writing. (ii) Should the person deny the truth of the reasons upon which the discharge or reduction is predicated and demand a trial, the commission shall grant a trial as provided in this chapter. (iii) The reasons and the reply shall constitute a part of the trial and be filed with the record; (12) The adoption and amendment of rules after public notice and hearing; (13) The preparation of a record of all hearings and other proceedings before it, which shall be stenographically reported; and (14) A review of complaints filed by any citizen pursuant to rules promulgated by the commission, including rules that give the commission the authority to consider certain personnel issues in executive session and to establish any necessary appellate procedures. (c) (1) The board may prescribe, amend, and enforce rules and regulations that provide for and apply to a category of police officers whose promotion to any rank or grade below that of sergeant is exempted, in whole or in part, from subdivisions (b)(4) and (b)(9) of this section. (2) If the board prescribes the rules and regulations authorized in subdivision (c)(1) of this section, the board shall prescribe criteria for the promotions. (d) The commission shall adopt such rules not inconsistent with this chapter for necessary enforcement of this chapter, but shall not adopt any rule or rules which would authorize any interference with the day-to-day management or operation of a police or fire department.

Legislative History

Amended by Act 2023, No. 440,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 440,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 206,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 192,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 579,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1061,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 468,§ 1, eff. 8/16/2013. Acts 1933, No. 28, § 3; Pope's Dig., § 9947; Acts 1959, No. 205, § 1; 1973, No. 101, § 1; 1977, No. 450, § 1; A.S.A. 1947, § 19-1603; Acts 1987, No. 262, § 1; 1987, No. 276, § 1; 1987, No. 657, § 3; 1989, No. 439, § 2; 1993, No. 206, § 8; 1995, No. 473, § 1; 1997, No. 542, § 1; 1997, No. 1221, § 1; 1999, No. 303, § 1; 2001, No. 1597, § 1; 2003, No. 280, § 1; 2005, No. 1953, § 1; 2007, No. 743, § 1; 2009, No. 527, §§ 1, 2; 2011, No. 1029, § 1.