ORDINANCE NO.  127-14

ORDINANCE TO AMEND SECTIONS 5.9.2 AND 11.13.1 OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE CITY OF OPELIKA, ALABAMA; AND AUTHORIZING PROMOTION OF CORPORALS TO THE POSITION OF SERGEANT WITHOUT ASSESSMENT CENTER EVALUATIONS

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment to Section 5.9.2 of the Personnel Policies and Procedures Manual.  That Section 5.9.2 of the Personnel Policies and Procedures Manual of the City of Opelika is hereby amended to read as follows:

5.9.2 Time-in-Grade Requirements.

The restrictions in this subsection are intended to prevent excessively rapid promotions in the Police Department.  This subsection applies to advancement, promotion or appointment of an individual resulting in a higher pay grade.  The following time-in-grade restrictions must be met to be eligible for consideration for promotion to the next highest-ranking position within the Police Department:

(a)  Advancement to position of Sergeant.  Candidates for advancement to position of Sergeant must have completed a minimum of thirty-six (36) months in the position of Police Officer.

(b)  Advancement to position of Lieutenant.  Candidates for advancement to position of Lieutenant must have completed a minimum of eighteen (18) months in the position of Sergeant.

(c)  Advancement to position of Captain.  Candidates for advancement to position of Captain must have completed a minimum of eighteen (18) months in the position of Lieutenant.

(d)  Advancement to position of Assistant Chief.  There are no time–in-grade restrictions for advancement to the position of Assistant Chief of Police.

(e)  Advancement to position of Chief of Police.  There are no time-in-grade restrictions for advancement to the position of Chief of Police.

Time-in-grade as used in this subsection means continuous, unbroken service from the employee’s most recent hire or promotion date in his or her present position with the City.

Section 2.  Amendment to Section 11.13.1 of the Personnel Policies and Procedures Manual.  That Section 11.13.1 of the Personnel Policies and Procedures Manual of the City of Opelika is hereby amended to read as follows:

Section 11.13.1 Other entitlements.  The Mayor will establish eligibility criteria for an employee to be entitled to receive a particular pay supplement and the number of employees who may be awarded such supplement.  However, any individual who is being paid a supplement at the time of adoption of these policies and procedures will continue to draw such supplement so long as he continues to meet the eligibility criteria previously established for entitlement to supplement.  The City will pay eligible employees the following supplements:

(a)  Emergency Medical Technician I—Police  $5.00 per pay period

Fire     $10.00 per pay period

(b)  Emergency Medical Technician II—Police $10.00 per pay period

Fire     $40.00 per pay period

(c)  Emergency Medical Technician III—Fire   $200.00 per pay period

(d)  Polygraph Operator $50.00 per pay period

(e)  S.W.A.T. Team $25.00 per pay period

(f)  Breath Analyzer $5.00 per pay period

(g)  Detectives-Police.  An amount equal to three percent (3{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}) of the two-week base salary per pay period.

(h)  Field Training Officer—Police.  An amount equal to three percent (3{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}) of the two-week base salary per pay period (Officers will draw field training supplement pay only if they are actually training another officer during the applicable pay period).

Section 3.  Waiver of Assessment Center Evaluations for Promotions of Corporals to the Position of Sergeant.  The City is eliminating the position of Corporal in the Police Department.  The Mayor may advance all individuals in the classification of Corporal to the position of Sergeant without those individuals completing the requirements of an Assessment Center evaluation.  Accordingly, the requirement of an Assessment Center evaluation is hereby waived for those individuals being promoted from the position of Corporal to the position of Sergeant.

Section 4.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.

Section 5.    Severability Clause.  If any section, clause, provision or portion of this ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, said holding shall not effect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid.

Section 6.   Construction Clause.  If any section, paragraph, sentence or word of this Ordinance or the sections hereby amended are declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the sections hereby adopted independent of the elimination therefrom of any portion that may be declared invalid.

Section 7.    Effective Date.  This ordinance and the sections hereby amended shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 8.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 7th day of October, 2014.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of October, 2014.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of October, 2014.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 10/10/14