38-1003. Powers and duties of council

The council, pursuant to recognized merit system principles of public employment, shall from time to time:

1. On a recommendation from the department head, classify or reclassify the specified positions occupied by law enforcement officers within the branch of government employing the officer and recommend schedules of salary and other compensation payable for the officer classification.

2. Review standards and qualifications of all positions that are classified and recommend any changes to the human resources director.

3. In consultation with the department head, provide a plan for fair and impartial selection, appointment, retention and separation or removal from service by resignation or dismissal of all classified law enforcement officers. Paragraph 4 of this section applies to appointments.

4. Provide a plan with recommendations for the promotion of law enforcement officers that shall give appropriate consideration to qualifications, record of performance, seniority and conduct within the field of law enforcement. Vacancies within a department shall be filled whenever possible by promotion within a department and shall be on the basis of competitive examination. If a vacancy occurs within a department, the council, on request, shall certify to the head of the department the names of officers in the order of the officer's relative excellence in the competitive examination from which certified list the appointment or promotion may be made.

5. Adopt rules necessary for the orderly administration of this article.

6. Hear and review appeals from any order of the department head in connection with suspension, demotion or dismissal of a classified law enforcement officer. If the order of the department head was for a suspension greater than sixteen hours, demotion or dismissal and the council exonerates the officer, the council may award, in whole or in part, the reasonable costs and attorney fees that the law enforcement officer incurred or were incurred on behalf of the law enforcement officer in connection with the appeal. The award of attorney fees by the council shall not exceed ten thousand dollars. An award of attorney fees does not apply if either of the following applies:

(a) The order of the department head was not for disciplinary purposes but was for administrative purposes such as a reduction in force.

(b) The disciplinary action related to off-duty activities unrelated to the required duties of the law enforcement officer. The council's determination shall be final except on appeal as provided in section 38-1004. If the department head appeals the decision of the council, the council's award of any costs or attorney fees to an officer shall be stayed pending the conclusion of the appeal. If the department head's decision is upheld on appeal, the award of costs or attorney fees in favor of the officer shall be reversed.