§ 35.38 QUALIFICATIONS OF APPLICANTS; PROBATIONARY PERIOD FOR POLICE DEPARTMENT.
   (A)   Qualifications.
      (1)   All applicants for appointment as members of the city’s Police Department shall:
         (a)   Be a citizen of the United States;
         (b)   Be at least 21 years of age;
         (c)   Possess a high school diploma or equivalent thereof;
         (d)   Possess a valid Kentucky operator’s license prior to employment;
         (e)   Be fingerprinted for and undergo a criminal background check;
         (f)   Not have been convicted of a felony;
         (g)   Not be prohibited by federal or state law from possessing a firearm;
         (h)   Have received and read the state’s Law Officers Code of Ethics;
         (i)   Have not received a dishonorable discharge, bad conduct discharge or general discharge under other than honorable conditions, if having served in any branch of the Armed Forces of the United States;
         (j)   Have passed a physical examination that validates that applicant can perform peace officer duties;
         (k)   Have passed a drug screening test that is negative for the use of any illegal controlled substance or prescription drug abuse;
         (l)   Have not had certification as a peace officer permanently revoked in another state;
         (m)   Meet all requirements of the commonwealth, Department of Justice, Bureau of Training, under the Police Officer Professional Standards found under standards KRS 15.380 and KRS 15.402, KRS 95A.230 or any other standards of any other state agency adopted by the Police Department;
         (n)   May be required to undergo and successfully pass any psychological tests, emotional tests, physical tests and/or any other such suitability screeners as may be approved and/or required by the state and/or the Civil Service Commission in order to determine the psychological, emotional and physical suitability of any applicant for the positions of police officer;
         (o)   Successfully pass, to the satisfaction of the Department, a background investigation that demonstrates that the applicant is free from any personal problems that would tend to render him or her unfit to be a representative of the Police Department. The applicant shall, if requested, sign a consent form allowing a duly authorized representative of the Police Department to talk to any person or corporation concerning the applicants’ fitness for the position; and
         (p)   Have taken a polygraph examination that verifies the applicant is suitable for employment.
      (2)   All applicants shall complete an application form approved by the Commission and shall return same to the Police Department.
      (3)   All applicants unless exempt under division (A)(1)(p) above shall pass a written examination. All examinations shall be on forms furnished and graded by the Commission, testing company or agent employed by the Commission.
   (B)   Probationary period.
      (1)   As part of the qualification procedure, after certification as a police officer, applicants will be placed on a probationary status for a period of one year. Applicants will be placed on a probationary status for a period of one year from their dates of graduation from the police academy. See KRS 95.762(5). The purpose of the period of probation is to provide the Chief of Police and Mayor reasonable opportunity to evaluate the appointee as to his or her ability to perform assigned duties, to learn proper police procedures, to accept and respond to supervision and to conduct themselves properly as a police officer. The probationary period shall be regarded as an intrinsic part of the process and shall be utilized for closely observing the employee’s work for securing the most effective adjustment of a new employee to his or her position, and the elimination of any probationary employee whose performance does not meet the required standard of work.
      (2)   During the probation period, any employee may be dismissed by the city without the right of the employee to a review of any kind unless the employee has a reason to believe that the dismissal was made for political or religious reasons or because of discrimination with respect to race, color, sex, national origin or other protected class, in which case he or she shall have the right to appeal to the Civil Service Commission. Notice of dismissal within the probationary period shall be given to the employee in writing, and no statement of reason to the employee is mandatory on the part of the city.
   (C)   Results of examination and application for entry level positions.
      (1)   The names of persons who have passed all portions of the examination process, and who meet all other qualifications, shall be certified and ranked in the order of their ratings earned in the examinations given for the purpose of establishing the list. The ratings earned in the examination process shall be divided into bands. Bands are a series of test scores, defined by a high score and a low score, which may be indicative of a certain level of knowledge, skill or ability. All scores falling within a given band shall be considered tied scores of the same rank and shall be certified at the same time. Everyone within a certain range of scores or band gets the same grade. There will be three bands. The separation is determined by the following scoring:
         (a)   Band A includes all scores from 90 to 100;
         (b)   Band B includes all scores from 80 to 89; and
         (c)   Band C includes all scores from 70 to 79.
      (2)   Scoring for each applicant shall be as follows:
         (a)   Oral interview: 50 points; and
         (b)   Written examination: 50 points.
   (D)   Lateral transfers.
      (1)   (a)   Any applicant who is a Kentucky POPS Certified Officer (KRS 15.380, KRS 15.402 and KRS 95A.230) and who meets KLEC standards shall not be required to take the written examination. Said applicant shall be eligible for priority ranking on the list and placement in Band A.
         (b)   Any applicant who is a certified officer outside of the commonwealth may be exempted from taking the written examination at the discretion of the Chief of the Police Department. Said applicant may be eligible to receive priority ranking and placement in Band A at the discretion of the Chief of the Police Department.
      (2)   The certification process shall be done by the Commission and presented to the Mayor of the city, who shall select one individual from three candidates certified for appointment. All candidates in a band have the same score and are ranked and certified together. If two vacancies exist, then four candidates are eligible for appointment. If three vacancies exist, then five are eligible and so forth. The list thus certified to the Mayor shall always contain at least two more eligible names than the number of vacancies to be filled. If there are not enough candidates in the top band, then the Commission shall also certify all of the candidates in the next band of tied scores.
      (3)   The results of said examination (written and oral) shall be open to inspection by the applicant for 30 days following the examination.
      (4)   Five points will be added to the passing score of the written examination for any honorably discharged member of the United States Armed Forces (KRS 90.320(3)).
      (5)   Applicants who have successfully passed all portions of the examination process and have met other requirements, may be retained on the list of eligible appointees for a period of one year for any similar vacancy and the Mayor may hire or select from this list or the Mayor may select from a new list from a new examination whenever the number of eligible appointees on the one year list shall be less than the number of vacancies to be filled, plus two; however, no person shall be certified by the Commission from any eligible list more than four times to the Mayor for the same or similar position.
   (E)   Procedures for promotion.
      (1)   Eligibility and announcement (Sergeant and Lieutenant).
         (a)   Personnel eligible for promotion to the next highest rank are those holding the next lowest rank and successfully completed their probationary period. Officers must have at least two years of law enforcement experience.
            1.   Sergeant: probationary period plus two years of experience. Total of three years.
            2.   Lieutenant: probationary period plus one year of experience as Sergeant. Total of two years.
         (b)   A written announcement will be provided to all eligible employees identifying the position to be filled and instructions to apply (resumes required). The announcement will include a job description and closing date for application. Once the application period has closed, additional instructions will be provided to all candidates.
         (c)   All applicants will be required to sign a non-disclosure agreement regarding the questions and/or assessments while the process is active. The process will remain active until the final interviews (Chief's interview) are completed.
         (d)   The position of Chief of Police (Colonel) and Deputy Chief (Major) are non-civil service positions and are not included within the Civil Service Ordinance.
      (2)   Procedures (Sergeant).
         (a)   All applicants will be required to submit a resume to the Deputy Chief of Administration.
         (b)   The first step in the process will be a written examination. The test will be developed and administered by an outside representative. The written examination consists of 40% of the candidate's overall score.
         (c)   The second step of the promotional process will be an assessment of the candidate's ability to navigate situational questions. The assessment portion of the process will consist of two task-oriented questions requiring the candidate to navigate supervisory related tasks. Each task will be worth 25 % of the candidate's overall score, 50% total. An assessment center panel shall be established to conduct oral interviews and assessment of the candidates based on the task-oriented and situational questions. Assessment center panels will consist of one command level officer within the Police Department and two from outside law enforcement organizations. Outside raters for the assessment center must be certified law enforcement professionals of accredited law enforcement organizations outside of Hardin County and contiguous counties. Members must serve within the rank of Sergeant or higher.
         (d)   The third and last step in this process is the accumulation of suitability points. This section consists of 10% of the candidate's overall score. Although this is listed as the third step, this step may take place at any point within the promotional process. The suitability list is identical to the list as defined in division (F) below. Please see division (F) below for a detailed explanation.
         (e)   Once the testing process has completed, a numerical promotional list will be communicated to the candidates. The Chief of Police and both Deputy Chiefs (Command Staff) will conduct a final interview with the top three candidates. If more than one position is vacant, one additional candidate will be interviewed. Example: two vacancies would equal the top four candidates, three vacancies would equal the top five candidates, and the like. Once the final interview begins, all candidates included within the final interview are equally positioned within the promotional process. The Chief of Police, in consultation with the Deputy Chiefs, will make their final recommendation to the Mayor.
         (f)   Once the promotions are finalized, the Chief of Police may elect to maintain the established list for one year or may elect to start a new promotional process for future opportunities. If the Chief of Police elects to maintain the current promotional list, the list will be effective for one year. The year will start after the promotional list is published.
      (3)   Procedures (Lieutenant).
         (a)   All applicants will be required to submit a resume to the Deputy Chief of Administration.
         (b)   The first step of the promotional process will be an assessment of the candidate's ability to navigate situational questions. The assessment portion of the process will consist of two task-oriented questions requiring the candidate to navigate mid-level supervisory related tasks and a third section consisting of approximately six interview style questions. Each task or section will be worth 30% of the candidate's overall score, 90% total. An assessment center panel shall be established to conduct oral interviews and assessment of the candidates based on task-oriented and situational questions. Assessment center panels will consist of one command level officer within the Police Department and two from outside law enforcement organizations. Outside members for the assessment center must be certified law enforcement professionals of accredited law enforcement organizations outside of Hardin County and contiguous counties. Members must serve within the rank of lieutenant or higher.
         (c)   The last step in this process is the accumulation of suitability points. This section consists of 10% of the candidate's overall score. Although this is listed as the last step, this step may take place at any point within the promotional process. The suitability list is identical to the list for sergeant. Please see division (F) below for a detailed explanation.
         (d)   Once the promotions process has completed, a numerical promotional list will be published for all candidates. The Chief of Police and both Deputy Chiefs (Command Staff) will conduct a final interview with the top three candidates. If more than one position is vacant, one additional candidate will be interviewed. Example: two vacancies would equal the top four candidates, three vacancies would equal the top five candidates, and the like. Once the final interview begins, all candidates included within the final interview are equally positioned within the promotional process. The Chief of Police, in consultation with the Deputy Chiefs, will make their final recommendation to the Mayor.
         (e)   Once the promotions are finalized, the Chief of Police may elect to maintain the established list for one year or may elect to start a new promotional process for future opportunities. If the Chief of Police elects to maintain the current promotional list, the list will be effective for one year. The year will start once the promotional list is published.
   (F)   Suitability rating. The suitability portion of the promotional process is designed to reward those candidates who possess qualities favorable to supervisory personnel. Below is a list of attributes and detractions considered during the suitability computation. Candidates may only attain ten points or 10%.
      (1)   Additive points.
         (a)   Good conduct in grade: one point; and
         (b)   Pass PT Test: one point (within last six months of promotional process).
      (2)   Active duty time.
         (a)   Less than four years: one point; and
         (b)   Four years or more: two points.
      (3)   Higher education.
         (a)   Associates degree: two points;
         (b)   Bachelor’s degree: three points; and
         (c)   Master’s degree: four points.
      (4)   Academies. Graduation from either the FBI National Academy or the Southern Police Institute Administrative Officers Course shall add one point to the above scoring.
      (5)   Years of service with the Police Department.
         (a)   Five to nine years of service: one point;
         (b)   Ten to 14 years of service: two points; and
         (c)   Fifteen years or more: three points.
      (6)   Other agencies. Years of service with other agencies may apply after applicant has completed one year of probation.
      (7)   Deductive points. Deductions (based upon the previous year of promotional examination):
         (a)   Detractions occurring within the previous 12 months (date of promotional posting).
            1.   Each job performance/counseling statement: deduct one point.
            2.   Each at-fault motor vehicle collision: deduct one point.
         (b)   Suspension without pay or reduction in grade within the last 12 months (date of promotional posting).
            1.   One to 40 hours: disqualification.
            2.   Greater than 40 hours: disqualification.
            3.   Demotion: disqualification.
         (c)   Suspension without pay or reduction in grade within the last five years (date of promotional posting).
            1.   One to 40 hours: deduct five points.
            2.   Greater than 40 hours: deduct ten points.
            3.   Demotion: deduct ten points.
   (G)   Computation of scores on promotional tests.
      (1)   To compute any applicant’s score, the Civil Service Commission shall utilize the following calculations.
         (a)   Sergeant list.
            1.   Forty percent written exam (40% of the total exam score).
            2.   Fifty percent assessment center (25% each task).
            3.   Ten percent suitability.
         (b)   Lieutenant list.
            1.   Ninety percent assessment center (30% each task).
            2.   Ten percent suitability.
      (2)   The Commission shall certify a list of candidates and their total scores with rankings of highest to lowest on total test scores. In accordance with KRS 90.350(1), the Mayor may select one of the top three (or two of the top four and the like) to fill the position.
      (3)   The Commission shall notify each candidate of his or her percentage score on the promotional examination and how said score ranks in comparison with the other candidates.
   (H)   Promotion probationary period.
      (1)   Any promoted officer is on probation for one year from the date of appointment and may be reduced with or without cause within that probationary time.
      (2)   As a safeguard against the promotion of employees beyond their capability, the Department includes a probationary period as the final step in the promotion process. Upon appointment to probational vacancies, officers are on probationary status for one year from the date of promotion. After the conclusion of the probationary period, if demoted, the officer shall be given a written list of reasons and said demotion shall be reviewed by the Civil Service Commission if requested by the employee.
(Ord. 22-2019, passed 9-30-2019; Ord. 09-2023, passed 5-31-2023)