Denver Civil Service and Public Safety Charter Changes

Denver's Civil Service Commission runs the police and fire merit system: it controls hiring and promotion exams and hears disciplinary appeals through contracted hearing officers. The mayor and the City Council appoint its five members. Referred Question 2J adds charter section 9.3.5, under which the council, "whenever requested by the Commission, may by ordinance confer upon the Commission such other or further rights, duties, and privileges as may be necessary to adequately enforce and carry out the principles of civil service."

The council also passed a companion ordinance, Council Bill 26-1055, that confers additional rights, duties and privileges on the commission under section 9.3.5. It moves three sets of rules from the charter into the municipal code, which the council amends by ordinance: the rule that hearing officers are not city employees, and how the commission selects them; the starting pay grades for police recruits with two or four years of certified experience; and how disciplinary orders and hearing decisions are served.

The ordinance, like the charter changes themselves, takes effect only after voters approve 2J and the results are published and filed with the Secretary of State.

The amendment deletes the requirement that commissioners be U.S. citizens. It also deletes "good moral character" from the qualifications for police and fire applicants, who must still be able to perform the job's essential functions and meet commission rules. The commission must still review and approve each applicant's background before an original appointment.

Probation can be extended by up to six months for a probationary member who returns from approved leave of 30 calendar days or more, for any reason, including military leave, leave under the Americans with Disabilities Act or Family Medical Leave Act, and leave the chief approves.

The Manager of Safety's deadline to approve, modify or reject a chief's disciplinary order increases from 15 calendar days to 20 business days. A chief's deadline to file charges against a member suspended pending investigation, or end the suspension, increases from 10 to 20 business days. If charges are filed, the suspension can continue through their final disposition, including any appeal.

The amendment deletes the charter's longevity pay section, the salary addition for police and fire members with five or more years of service. It also lifts the caps on command assignments, seven in the fire department and 18 in the police department. Those assignments still need the Manager of Safety's approval, and the police chief must still make all reasonable efforts to avoid a net increase in command staff or a net decrease in line positions. The Manager of Safety takes over setting entry procedures and qualifications for the public safety cadet program.