Town of Windsor Locks, CT Merit System for Police Department

Section 1. There is established a merit system for the police department of the town of Windsor Locks. All regular salaried employees and supernumeraries of said department shall be appointed on the basis of merit as determined by competitive examination. The following classes of employees shall be excluded from the merit system: Unskilled laborers; part-time employees; persons temporarily employed in a professional or scientific capacity to conduct a special inquiry, investigation, examination, or installation; and temporary or seasonal employees employed for a period not to exceed one hundred twenty days in any one calendar year.

Section 2. The state personnel division shall conduct and supervise examinations, certify lists of eligibles and perform such other appropriate services as may be requested by the board of police commissioners of the town of Windsor Locks in accordance with the provisions of section 304c of the 1953 supplement to the general statutes.

Section 3. Whenever a vacancy occurs in any position within the merit system and no appropriate reemployment list or list of eligibles exists, an open competitive examination, written or oral, or both, and including consideration of the education, experience and previous record of each candidate, shall be conducted as provided in section 2 of this act. The results of the examination shall be certified by the personnel division to the board of police commissioners and shall be a public record in the office of the board. Each appointment shall be made from among the highest three in order of rank. No person shall be appointed to any position in the merit system who has not attained in his examination a passing grade representing, in the opinion of the examining authority, the minimum qualification necessary to fill the position. At least two weeks' notice of each examination shall be given by publication daily for three successive days in a newspaper of general circulation in the town and by posting on the town bulletin board.

Section 4. Vacancies in the higher positions included in the merit system shall be filled as far as practicable by promotion and shall be based upon open competitive examinations, written or oral, or both, and including a consideration of the education, experience and previous record of each candidate. Lines of promotion and rules governing promotional examinations shall be established as hereinafter provided in this act, but no position shall be required to be filled by promotion if the board of police commissioners files with the state personnel division a statement showing that the position cannot be filled satisfactorily by promotion.

Section 5. Appointments shall be on probation for a period to be fixed by rule of the board of police commissioners, such period not to exceed one year. At the expiration of, or at any time during the probationary period, the board may terminate the employment if the employee is deemed unfit or unsatisfactory for service in the police department, but, if employment is not then terminated, the appointment shall be deemed complete. After one-third of an eligible list shall have been drawn, the board of police commissioners may request the personnel division to hold a new examination to establish a new list of eligibles. Any person remaining on the old eligible list may retain his rating on the new eligible list or, at his option, may enter the examination and obtain a new rating which shall supersede his former rating. The board may strike from any eligible list the name of any candidate which has remained thereon for more than one year.

Section 6. There shall be a personnel appeals board of three members, not more than two of whom shall be members of the same political party, appointed by the board of police commissioners for a term of six years. Of the first appointed, one shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, effective upon the effective date of this act. The members of the appeals board shall serve without compensation and shall not be in any manner affiliated with the police department or the board of police commissioners.

Section 7. No person or employee holding an office or position which is subject to the provisions of this act shall be removed, discharged or reduced in rank or grade except for just cause, which cause shall not be political or religious. No such employee shall be removed, discharged, reduced in rank or grade, or suspended for more than ten days, unless he has been served with a statement of the grounds for such action. Such statement shall set the time and place, not less than five nor more than ten days after the date of such service, at which time he may be heard by the personnel appeals board, publicly, if he so desires, and with the privilege of being represented by counsel. If the employee does not appear at the hearing and does not present or cause to be presented a valid reason for his absence, the action of the removing, reducing or suspending authority shall be final. If he does so appear, the personnel appeals board, after hearing the employee and the removing, reducing or suspending authority and taking other such evidence as it may deem necessary, shall have the authority to affirm, modify or reverse the action appealed from. The action of the personnel appeals board shall be final.

Section 8. Rules relating to the advertising and conduct of examinations, certification of eligibles, length of the probationary period, service rating of the efficiency and behavior of employees, lines of promotion, appeals procedures and records to be kept by the police department, and general rules to carry out the purposes of this act shall be made by the board of police commissioners, and shall be binding on all employees subject to this act, including the board of police commissioners. Such rules and changes therein shall be promulgated only after an open public hearing and shall be a public record in the office of the board.

Section 9. No employee of the police department subject to the merit system shall hold office in any political organization or engage in any political activity other than to vote and privately express his opinion, provided nothing herein shall be taken to limit the right of any employee to participate freely in the caucus of his political party.

Section 10. No person shall solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution from any person subject to this merit system for any political party, political purpose or organization. No applicant for appointment or promotion under this merit system shall, either directly or indirectly, pay or promise to pay any money or other valuable thing to any person, or ask or receive any recommendation or assistance from any officer or employee in said merit system, or from any person, upon the consideration of any political service to be rendered to or for such person, or for the appointment or promotion of such person to any office or employment, or as a reward for such political service, appointment or promotion. Any sum paid in violation of this section may be recovered from any officer making such appointment or from any officer signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of same.

Section 11. Any person guilty of violating any of the provisions of this act or rules hereunder adopted, or of falsifying any record of efficiency or the result of any examination, shall be punishable upon conviction by a fine of not more than five hundred dollars or imprisonment for not more than six months, or both, and, if an employee of the police department, shall forfeit his office and, in any case, shall be ineligible for appointment to any position in the service of the police department for five years from the date of his conviction.

Section 12. Any person holding a position in the police department as a regular salaried employee when this act takes effect, and who shall have served in such position for a period of at least three months, shall be retained without preliminary or performance tests and shall thereafter be subject to the provisions of this act in all other respects.

Section 13. This act shall become effective upon approval by the electors of the town of Windsor Locks at a town meeting warned for such purpose.