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2023-37RESOLUTION NO. 2023- 37 COUNCIL MEMBER SCHANK INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair is a duly organized municipal corporation under the laws of Nebraska and is a City of the First Class; and WHEREAS, the City of Blair has a legally organized police department; and WHEREAS, the City of Blair has Policies and Procedures for its law enforcement officers; WHEREAS, the police department may from time to time need the assistance of a part- time police officer to assist with staffing issues to avoid overtime and to ensure all shifts are covered; and WHEREAS, the Blair Police Department desires to have authorization to hire part-time officer(s) as needed; WHEREAS, the Mayor and City Council were presented with amended Policy and Procedures modifying 204 and 401, as attached hereto, for the City of Blair Police Department Policies and Procedures; and WHEREAS, the remaining Policies and Procedures will remain unchanged; and NOW, THEREFORE, BE IT RESOLVED that the City of Blair approves the revised City of Blair Policies and Procedures 204 and 401, and said action is hereby adopted and approved by the municipality and the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute the same on behalf of the municipality. COUNCIL MEMBER SCHANK MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HIGHFILL. UPON ROLL CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, WOLFF, SCHANK, PAULSEN AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2023. 1 CITY OF BLAIR, NEBRASKA BY: 4k&A�—,M LINDA r ATTEST: S ES; DEPUTY CITY CLERK 2 m i ' tiff ITED BRASKA ss: WASHINGTON COUNTY ) SHELLY JONES, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 22nd day of August, 2023. SHELLY JONASTMWLERK 2 Policy: BLAIR POLICE DEPARTMENT POLICIES AND PROCEDURES Number: 401 Subject: Pre -Employment Background Investigations Issued By: Joseph Lager, Chief of Police Effective Date: June 1, 2007 Revised Date: August 2023 In order to ensure that only qualified candidates of good moral character and integrity are hired to serve the citizens of Blair, it shall be the policy of the Blair Police Department to administer a thorough background investigation on all part- time applicants and all full-time applicants who have passed the written and oral portions of the examination process and whose names are to be submitted for consideration by the Civil Service Commission Procedure: 1. The Chief of Police or his designee shall be responsible for conducting background investigations on all entry-level applicants. The purpose of this investigation is to examine the personal history, behavior patterns, and conduct of entry-level applicants to determine if any negative patterns exist that would affect: a The applicant's ability to meet the legal requirements for certification as set forth by the Crime Commission of the State of Nebraska; b The applicant's ability to meet department guidelines as set by internal rejection criteria; c The public trust; and, d The applicant's fitness to perform the duties of the position. 2. The background investigation may include but is not limited to the following: a An interview with the applicant; b Personal information; c Relatives, references, acquaintances and co-workers; Pre -Employment Background Investigations 401 i) At least three references must be verified. d Education; e Employment experience and history; f Military service; g Financial history; h Motor vehicle operation; i Drug and alcohol use; j Personal habits; k Legal issues; I The results of any personal history questionnaire or personality profile as selected for use by the Chief of Police; m The findings of any previous background investigations conducted by any other police agency; and, n Criminal background checks and inquiries to include juvenile files if necessary. 3. Based on rejection criteria, the Chief of Police shall have the authority to request rejection of an applicant during any phase of the background investigation. The final hiring authority shall be the Mayor of the City of Blair. 4. The findings of all background investigations shall be summarized in a written report by the investigating officer. a The report shall be completed in a format approved of by the Chief of Police at the direction of the Civil Service Commission. b The investigating officer shall establish a case file on each applicant which, when completed, shall be submitted to the Chief of Police. These reports are confidential and not available for public access. Files of applicants shall be maintained as follows: i) Successful applicants: files are permanently maintained by the City of Blair Human Resources department. Pre -Employment Background Investigations 401 ii) Unsuccessful applicants: The background investigation file shall be kept for two years by the City of Blair Human Resources department and then destroyed. 5. The following criteria for rejection of an applicant will be used by the Blair Police Department. These criteria are recommended guidelines only. However, any decision not to follow a rejection guideline must be supported by explanation sufficient to mitigate the need for a rejection. a The following elements of an individual's background, if disclosed as the result of interview or investigation, may serve as basis for an unfavorable recommendation by the Chief of Police: i) Being convicted of any felony crime; ii) Confinement from convictions totaling more than six (6) months; iii) Maintaining a relationship with individual(s) who have been convicted of felony crime(s), or who are reputedly involved in recent or ongoing felonious activities; iv) Commission of an undiscovered felony crime during the five years immediately preceding the date of application, not including controlled substance use; v) Recent or ongoing association with and/or support of, any organization or group which advocates the violent overthrow of the United States Government, or whose professed goals are contrary to the interests of public safety and welfare; vi) Any illegal use of a controlled substance within two (2) years immediately preceding the date of application; vii) Illegal use of a controlled substance through injection into the body or use of hallucinogens at any time; viii) Illegal use of a controlled substance with an average frequency greater than once each week, for a period greater than one year; ix) The sale or production or the financing of the production of illegal controlled substances or the obtaining of such substance through the illegal or fraudulent use of prescriptions; x) Conviction of, or involvement in, any crime involving domestic violence; A) Conviction of, or involvement in, any crime involving the physical abuse or sexual assault of a child; xii)The existence of a chronic emotional problem, which has hampered job performance at any time; xiii) A history of chronic alcohol or controlled substance abuse, which has hampered job performance at any time during the three (3) years immediately preceding the date of application; Pre -Employment Background Investigations 401 xiv) While employed in law enforcement, the public sector or any branch of the United States Armed Forces, any violation of public trust and/or termination from for cause at any time, under other than honorable conditions; xv) Evidence that the applicant has willfully provided false or misleading information during the application process or in his/her written application, or has cheated during any phase of testing during the application process; xvi) Evidence or statements indicating that the applicant does not meet medical requirements established by the Civil Service Commission of the City of Blair. b The following factors or any combination thereof will be evaluated on a case-by-case basis and may serve as a basis for an unfavorable recommendation by the Chief of Police: i) A demonstrated lack of financial responsibility, which may include but is not limited to, intentional failure to meet financial obligations during the three (3) years immediately preceding the date of application; ii) A fraudulent use of unemployment or sick care benefits in the ten (10) years immediately preceding the date of application; iii) A history of termination from employment for cause and/or unfavorable consideration for employment under questionable circumstances during the ten (10) years immediately preceding the date of application; iv) Excessive or habitual gambling which results in a failure to meet financial obligations or which has adversely affected the applicant's lifestyle during the ten (10) years immediately preceding the date of application; v) Maintaining an ongoing lifestyle or involvement at any time in an activity or activities which could subject the applicant to blackmail or pressure at the time of application, or which could potentially cause the applicant to violate the public trust; vi) Unfavorable recommendation(s) on the part of any references or past or present employers; vii) Conviction of any crime punishable in this state as a felony or high misdemeanor; viii) Convictions of multiple traffic violations during the past three (3) years; and, ix) Any other factor or combination of factors which can be objectively articulated and which bear a rational relationship to the significant or substantial duties and responsibilities normally and customarily assigned to a police officer and which limits or prohibits the applicant from functioning successfully as a member of the Blair Police Pre -Employment Background Investigations 401 Department, or which would tend to render the applicant a detriment to the department if hired. 6. Additionally, all applicants must meet the following criteria as stipulated by the Nebraska Crime Commission and the Police Standards Advisory Board in order to attain certification through the Nebraska Law Enforcement Training Center: a A citizen of the United States of America; b Twenty-one years of age prior to the completion of training; c. A current C.P.R. certification; d A valid motor vehicle operator's license; e No unpardoned felony convictions; f A high school graduate or G.E.D. recipient; g No DUI/DWI convictions within two years of application; h No illegal drug usage within two years of application; i No involvement in any incident involving physical violence, sexual abuse or any crime against children; No evidence of past behavior indicating that the applicant is unsuitable to perform law enforcement duties or indicating a pattern of incompetence, neglect of duty, physical, mental or emotional incapacity; k Completion of a thorough background investigation; and, I Submission of documents relating to military service, if applicable. 7. Part-time applicants for the City of Blair Police Department shall also be governed by the Policy and Procedure 204 regarding the hiring process and are not governed by the Civil Service Rules or FOP #83 Contract. To the extent that Policy and Procedure 204 allows for a waiver of a physical testing and/or mental examination, those provisions shall apply. 8. Negotiated and approved employment contracts, Civil Service Rules and City of Blair Personnel Regulations shall supersede any perceived conflicts written herein. Pre -Employment Background Investigations 401 Policv: BLAIR POLICE DEPARTMENT POLICIES AND PROCEDURES Number: 204 Subject: Sworn Part -Time Officers Issued By: Joseph Lager, Chief of Police Effective Date: June 11t, 2007 Revised Date: August 2023 Sworn, part-time officers generally assist full-time sworn officers in the day-to- day delivery of law enforcement services. Part-time officers possess equivalent law enforcement powers as full-time officers and are paid employees of the City of Blair. Part-time officers are not members of the Fraternal Order Police, #83, nor are under the Blair Civil Service Regulations. Procedure: 1. Qualifications and Selection: a. All part-time officers shall have a Nebraska Peace Officer Certification and have completed the Basic Law Enforcement Officer Academy or the Reciprocity Academy at the Nebraska Law Enforcement Training Center prior to performing any assignment in which the officer is allowed to carry a firearm, or is in any position to make an arrest, except as part of the Department's Field Training Program. b. All applications will be submitted through the City of Blair, Human Resources Department. c. All part-time officers shall complete a mental examination, drug testing, physical testing, and physical examination as required by all new entry-level and lateral entry full-time hires, unless the applicant is already actively employed by another Nebraska law enforcement agency or the City of Blair Police Department. If the applicant is already actively employed by another Nebraska law enforcement agency or the City of Blair Police Department, then the physical testing and mental examinations must be reviewed by the Chief of Police and City of Blair Human Resources to ensure that the person has a satisfactory score to waive additional mental examination or physical testing for hire as a City of Blair Part -Time Officer. d. If an applicant is already actively employed by another law enforcement agency, then the Applicant must release their personnel file with the other law enforcement agency and/or municipality, Sworn Part -Time Officers 204 county, state, agency, to the Chief of Police and the City of Blair, Human Resources. e. If a City of Blair Police full-time officer wishes to become a part-time police officer, then he or she must separately apply for the position with the City of Blair, Human Resources Department. f. If a former City of Blair Police full-time or part-time officer wishes to apply to become a Part-time City of Blair police officer, the Chief of Police and / or the City of Blair may waive the mental health and/or physical testing requirements for good cause, if the applicant applies within ninety (90) days of terminating employment with the City of Blair. g. The applications will be reviewed by the Chief of Police and the City of Blair Human Resources Department. After the Chief of Police and the City of Blair Human Resources Department reviews the application and the qualified candidates identified, then a committee consisting of the Chief of Police, Captain, and one (1) of the City of Blair Sergeants, shall be assembled to review applications and conduct interviews with qualified applicants. The committee does not need to interview all candidates. After the committee meets, the committee may forward up to three (3) qualified candidates to the Mayor for approval with city council approval. 2. Training: a. Part-time officers shall complete the same field training materials and testing as full-time officers. i. The training hours and schedule may vary to accommodate the part-time officer's schedule. b. Part-time officers must attend in-service training equal to that required of full-time officers, or provide written documentation from their full- time employer that they have received comparable training that is in compliance with the Nebraska Crime Commission mandatory continuing education requirements. c. Part-time officers will attend departmental training in policy and procedure review at the Blair Police Department; or, sign a statement acknowledging that he or she has a working knowledge of the Department Policy & Procedure Manual including all new and updated materials. d. Qualifying standards and scores for part-time officers shall be identical to those for full-time officers. Sworn Part -Time Officers 204 e. The Chief of Police has the final authority to determine whether or not the training documentation provided by the part-time officer is adequate to meet the Department's standards. f. The Department recognizes that it may be difficult for a part time employee to adjust his or her schedule to accommodate Department in-service training. The Department shall make reasonable efforts to schedule mandatory training in order to meet the needs of part-time officers. g. Part-time officers are encouraged, but not required to attend other in- service training offered by the Blair Police Department. Any part-time officer, who fails to meet any of the above listed requirements, may be subject to dismissal. 3. Accountability: a. Part-time officers are subject to the same personnel regulations and City of Blair Departmental Policies and Procedures as full-time officers. Their performance shall be evaluated in the same manner as that of a full-time officer and are subject to the City of Blair Personnel Manual b. Part-time officers shall be expected to perform under the same work conditions as full-time officers and be able to work with minimal supervision. c. Part-time officers shall work a minimum of one hundred (100) hours per year. Part-time officers agree that he or she is not guaranteed any hours per year and he or she will receive shifts as designated by the Chief of Police, or his or her designee, for part-time shifts. d. If the Part-time officer has other employment, including non -police work, the officer must give the Chief of Police notification of any outside employment. The Chief of Police must approve of the outside employment. 4. Uniforms and equipment for part-time officers shall be the same as those for full-time officers performing the same functions. The Part-time officer is subject to the same use restrictions of City of Blair issued equipment and uniforms as full-time officers. Sworn Part -Time Officers 204 5. Part-time officers shall be provided with public liability protection identical to that of full-time officers performing the same job function. Sworn Part -Time Officers 204