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<br />8. <br />AN AMENDMENT ALLOWING AFFIRMATIVE ACTION PLANS <br />TO BE IMPLEMENTED IN POLICE AND FIRE DEPARTMENTS <br /> <br />Current Law <br /> <br />Under Section 143.026, v.:h~n a v~can<:y occurs in, ~ beginning pO,sitio~ in a fire.or <br />police department, the clVll servIce director certlfles to the City s chief executlve <br />officer the names of the three persons having the highest grades on the eligibility <br />list. The chief executive officer then appoints the person with the highest grade <br />unless there is a valid reason that the person having the second or third highest <br />grade should be appointed. <br /> <br />Proposed Chan~e <br /> <br />Under this amendment, an additional name from the eligibility list may be added to <br />the list submitted to the chief executive officer to fill a vacancy in a beginning <br />position. This additional name is allowed if the citY. council has adopted an <br />affirmative action plan that has been approved by the ciVIl service commission. <br /> <br />The additional candidate from the eligibility list must meet all the other <br />qualifications and criteria necessary to fill a beginnin& position. Currently, the chief <br />executive officer can appoint the person with the hIghest grade unless there is a <br />good and sufficient reason that one of the other persons named should be <br />appointed. Under the proposed amendment, the implementation of an affirmative <br />action plan would be a "good and sufficient" reason to appoint someone other than <br />the first person on the list. <br /> <br />Reasons for Proposed Chan~e <br /> <br />City councils are currently being sued for implementation of affirmative action plans <br />in their police and fire departments. Local city councils should be able to consider <br />implementation of affirmative action plans in hiring of {'olice and fire personnel to <br />avoid court-ordered sanctions or comply with appropnate consent decrees. This <br />provision would also allow local autborities to consider what is best for their <br />community in balancing the make-up of police/fire departments in lieu of having <br />the courts make those determinations. The unions contend this is a violation of the <br />Civil Service Act because there is no provision that allows for these appointments. <br />City councils should be allowed to hire minorities and women when they have <br />adopted an affirmative action plan. <br />