§ 14-49-304 - Rules and regulations generally. - Arkansas Statutes

14-49-304. Rules and regulations generally.

(a) (1) The board provided for in this chapter shall prescribe, amend, and enforce rules and regulations governing the employees, except those excepted in this chapter, of their respective cities.

(2) The rules and regulations shall have the 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) The qualification of each applicant for appointment to any position affected by this chapter;

(2) Testing, by open competitive examinations, the relative fitness of applicants for the positions;

(3) (A) Public advertisements 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 examination.

(B) The examinations shall be held on the first Monday in April and the first Monday in October of each year and more often if necessary under the rules and regulations as may be prescribed by the board;

(4) (A) The creation of eligible lists for each position of employment in the city in which shall be entered the names of the successful applicants in the order of their standing in the examination.

(B) (i) All lists for appointments or promotions as certified by the board shall be and remain in force and effect for a period of one (1) year from the date thereof.

(ii) At the expiration of this period, all right of priority under the lists shall cease;

(5) (A) The rejection of applicants or eligibles who fail to comply with reasonable requirements of the board in regard to age, sex, physical condition, or who have attempted fraud or deception in connection with the examination.

(B) The board may adopt proper rules and regulations for a suitable physical examination of all applicants;

(6) (A) (i) Certification to the department head of the three (3) standing highest on the eligibility list for appointment for that rank of service and the department head to select for appointment one (1) of the three (3) certified to him and notify the commission thereof; and

(ii) The promotion or advancement of the one (1) standing highest on the eligibility list for that rank of service.

(B) The governing body may adopt, by ordinance, the following provisions for employment or advancement in lieu of subdivision (A) of subsection (b)(6):

(i) Certification to the department head of the five (5) standing highest on the eligibility list for appointment for that rank of service; and the department head to select for appointment one (1) of the five (5) certified to him and notify the commission thereof; and

(ii) The promotion or advancement of one of the three (3) standing highest on the eligibility list for that rank of service;

(7) (A) A period of probation not to exceed twelve (12) months before any appointment is complete and six (6) months before any promotion is complete, during which time the commission, upon reasons stated in writing by the department head, may discharge the probationer, in case of appointment, or reduce the probationer, in case of promotion.

(B) From a discharge or reduction, there shall be no appeal;

(8) (A) Temporary employees without examination, with the consent of the commissioner, in case of emergency and pending appointment from eligible lists.

(B) No temporary appointment shall continue longer than sixty (60) days, nor shall successive temporary appointments be allowed except in time of grave danger, of which the commission shall decide;

(9) (A) Promotion, based upon open competitive examinations of efficiency, character, and conduct, lists shall be created for each rank of service, and promotions shall be made therefrom as provided in this chapter; and

(B) Advancement in rank or increase in salary beyond the limits fixed for the grade by the commission which constitutes a promotion;

(10) (A) Suspension for not longer than thirty (30) days; and

(B) 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 time of notice or 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 shall be filed with the record;

(12) An 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.

(c) The commission shall adopt such rules not inconsistent with this chapter for the necessary enforcement of this chapter.