38-1003

38-1003. Powers and duties of council

The council, pursuant to recognized merit system principles of public employment,
shall from time to time:

1. Classify or reclassify all positions occupied by law enforcement officers within
the branch of government employing the officer and recommend schedules of salary and
other compensation payable for the officer classification.

2. Fix and refix standards and qualifications of all positions so classified.

3. Provide a plan for fair and impartial selection, appointment, retention and
separation or removal from service by resignation or dismissal of all classified law
enforcement officers. The provisions of paragraph 4 shall apply to appointments.

4. Provide a plan for promotion of law enforcement officers which shall give
appropriate consideration to qualifications, record of performance, seniority and conduct
within the field of law enforcement. Vacancies within a department shall be filled
whenever possible by promotion within a department and shall be on the basis of
competitive examination. If a vacancy occurs within a department the council, upon
request, shall certify to the head of the department the names of five officers in the
order of their relative excellence in the competitive examination from which certified
list the appointment or promotion may be made.

5. Adopt rules necessary for the orderly administration of the provisions of this
article.

6. Hear and review appeals from any order of the department head in connection with
suspension, demotion or dismissal of a classified law enforcement officer. If the order
of the department head was for a suspension greater than sixteen hours, demotion or
dismissal and the council exonerates the officer, the council may award, in whole or in
part, the reasonable costs and attorney fees that the law enforcement officer incurred or
were incurred on behalf of the law enforcement officer in connection with the
appeal. The award of attorney fees by the council shall not exceed ten thousand
dollars. An award of attorney fees does not apply if either of the following applies:

(a) The order of the department head was not for disciplinary purposes but was for
administrative purposes such as a reduction in force.

(b) The disciplinary action related to off-duty activities unrelated to the
required duties of the law enforcement officer. The council's determination shall be
final except on appeal as provided in section 38-1004. If the department head appeals
the decision of the council, the council's award of any costs or attorney fees to an
officer shall be stayed pending the conclusion of the appeal. If the department head's
decision is upheld on appeal, the award of costs or attorney fees in favor of the officer
shall be reversed.