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
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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
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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