CLASSIFIED SERVICE; GENERAL PROVISIONS

Denver City Charter subtit. B, art. IX, pt. 4

in effect

Denver City Charter, art. IX, § 9.4.1 Qualifications of applicants.

§ 9.4.1 - Qualifications of applicants. Applicants, at time of application to the Classified Service, shall be of good moral character, shall be capable of performing the essential functions of the position to which they are seeking appointment, and shall meet all other qualifications and requirements as may be set forth by Commission rule. (Charter 1960, C5.61; amended June 3, 1958; amended November 4, 1986; amended November 7, 2000; Ord. No. 0849-24, § 1, 7-15-24, elec. 11-5-24)

Denver City Charter, art. IX, § 9.4.2 Reserved.

Denver City Charter, art. IX, § 9.4.3 Reemployment.

§ 9.4.3 - Reemployment. Members of the Classified Service who are separated may be reemployed pursuant to Commission rule, which shall provide for the written approval of the Fire Chief or the Police Chief, as appropriate, and the Manager of Safety. Reemployed members shall retain the seniority they had at separation, but no seniority shall be granted for the time during which they were separated and service shall not be construed as continuous. In the event the approval of either the chief of the department, the Manager of Safety, or the Commission is not granted, the former member shall have no right to seek review of that decision before the Commission, the department chief, or the Manager of Safety. (Charter 1960, C5.65-1; added March 25, 1991; Ord. No. 138-03, § 1, 2-24-03, elec. 5-6-03)

Denver City Charter, art. IX, § 9.4.4 Reserved.

Denver City Charter, art. IX, § 9.4.5 Reserved.

Denver City Charter, art. IX, § 9.4.6 Probationary period; permanent appointment.

§ 9.4.6 - Probationary period; permanent appointment. Every original appointment in the Classified Service shall include a probationary period, which shall include the time necessary to successfully complete the Police or Fire Academy and a nine-month period thereafter, except for an appointment to the rank of Fire Systems Technical Specialist or Mechanic in the Fire Department, and except for an appointment pursuant to § 9.3.11 (E.)(iii). An original appointment to the rank of Fire Systems Technical Specialist or Mechanic shall include a probationary period of twelve months. An original appointment pursuant to § 9.3.11(E.)(iii) shall include a probationary period determined by the Manager of Safety. At the end of the probationary period, if the conduct and capacity of the member appointed shall have been satisfactory, he or she shall be permanently appointed; otherwise, he or she shall be dismissed. The Manager of Safety may summarily dismiss, without cause, any probationary member during their probationary period. A probationary member shall not be entitled to appeal a dismissal action. (Charter 1960, C5.69; amended May 16, 1961; amended November 4, 1986; amended November 2, 1993; amended November 7, 2000; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 138-03, § 1, 2-24-03, elec. 5-6-03; Ord. No. 106-05, § 1, elec. 5-3-05)

Denver City Charter, art. IX, § 9.4.7 Service while in academy and during probation.

§ 9.4.7 - Service while in academy and during probation. Service while in the Police or Fire Academy and during the period of probation following completion of the respective academy shall be deemed active service in the Classified Service of the department, and shall be included and counted in determining eligibility for advancement, promotion, retirement, pension, increased salary or compensation based on length of service, and other benefits of the Classified Service. During a member's service in the Police or Fire Academy and the period of probation following completion of the respective academy, the member is in the Classified Service for all purposes except for tenure of the employment or position to which the member has been so appointed. (Charter 1960, C5.68; amended June 3, 1958; amended November 2, 1993)

Denver City Charter, art. IX, § 9.4.8 Reserved.

Denver City Charter, art. IX, § 9.4.9 Reserved.

Denver City Charter, art. IX, § 9.4.10 Longevity pay.

§ 9.4.10 - Longevity pay. In addition to the annual salaries for members in the Classified Service of the Fire and Police Departments as fixed by Charter provisions, and in addition to the salary or compensation provided by ordinance for the Chief of Police, there shall be paid periodically as salary to each member of each such department who shall have served in the department of which he or she is such member for five years or more and to the Chief of Police if the chief is also a member of the Classified Service, calculated as follows: Two hundred and eighty-eight dollars per annum prorated to a periodic rate geared to the pay period if the individual shall have so served five years, and an additional four dollars for each full year of such service thereafter, similarly prorated. After the completion of twenty-five years of such service, the additional salary provided by this paragraph, to be paid periodically during the year, shall continue during the active service of such member at the rate of $1,200, and no more than $1,200, per annum. The additional salary provided in this paragraph is an addition to salary in rank in the Fire Department and the Police Department and shall be considered or included in determining or computing the pension or retirement benefits of members of either department retired or retiring after the effective date of this amendment. Any collective bargaining agreement between the City and the bargaining agent entered into pursuant to Part 8 of this Article IX that conflicts with or modifies the provisions of this Section shall supersede this Section. (Charter 1960, C5.48; amended June 3, 1958; amended September 8, 1964; amended March 20, 1995; amended November 3, 1998; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.4.11 Reserved.

Denver City Charter, art. IX, § 9.4.12 Reserved.

Denver City Charter, art. IX, § 9.4.13 Departmental rules of conduct.

§ 9.4.13 - Departmental rules of conduct. The rules governing the conduct of members of the Classified Service in the Fire and Police Departments shall be set forth as written rules and regulations by the Chief of each of the respective departments with the approval of the Manager of Safety, provided, however, that such rules and regulations shall not contain any political or religious qualifications or disqualifications. Any member of the Classified Service shall be subject to reprimand, discharge, reduction in grade, fine and/or suspension for a violation of such rules and regulations. (Charter 1960, C5.73; amended June 5, 1962; amended November 4, 1986)

Denver City Charter, art. IX, § 9.4.14 Disciplinary procedures.

§ 9.4.14 - Disciplinary procedures. Except for the dismissal of any probationary member, the procedure for discipline other than a reprimand of any member of the Classified Service shall be as follows: (A) The Chief of Police and the Chief of the Fire Department shall, within their respective commands, initiate disciplinary action by a written command ordering the specific disciplinary action, which written command shall be submitted to the Manager of Safety for approval, together with a written specification of charges and a written report, setting forth the evidence of and reasons for such charges, which written report shall include a summary of the disciplinary record of the person charged. The written report shall also include that the member of the Classified Service affected thereby was given oral or written notice of the charges against him or her, an explanation of the evidence supporting those charges and an opportunity to respond to the charges prior to the imposition of the discipline. This predisciplinary meeting may be held by either the Chief or his or her designee. (B) The Manager of Safety shall, within fifteen calendar (15) days of the date of the Chief's order, approve, modify or disapprove the written order of disciplinary action. The Manager shall take such action by a written departmental order which shall take effect immediately. In the absence of the Manager of Safety, such departmental order may be issued by a Deputy Manager. (C) A copy of the departmental order of disciplinary action shall be served on the person affected thereby. If personal service of the said order cannot be made within five days because of inability to locate said person within the City and County of Denver, the copy of the said order shall be mailed by certified or registered mail, return receipt requested, to the last known address of said person, as shown by the records of the department. Said service shall be complete upon return of the mailing receipt, whether accepted or not. (Charter 1960, C5.73-1; amended May 16, 1961; amended June 5, 1962; amended November 4, 1986; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 138-03, § 1, 2-24-03, elec. 5-6-03)

Denver City Charter, art. IX, § 9.4.15 Review of disciplinary actions.

§ 9.4.15 - Review of disciplinary actions. Except for the dismissal of a probationary member, any discipline other than a reprimand received by a member of the Classified Service shall be subject to review by a Hearing Officer and then the Commission pursuant to this Section of the Charter and Commission rules. (A) Within ten (10) days from the date of completion of service of the departmental order of disciplinary action, the member of the Classified Service against whom the order has been issued may file with the Civil Service Commission a written appeal requesting review of the discipline. Such appeal shall be filed in a manner as specified by Commission rule. In the written appeal the member may request an expedited hearing. Upon such request for an expedited hearing, a hearing shall be held within thirty (30) days of the date of selection of the Hearing Officer unless a later date is agreed to by the parties or ordered for good cause shown by the Hearing Officer. (B) Pursuant to Commission rules, upon receipt of an appeal challenging a disciplinary action, the Commission shall randomly select a Hearing Officer to hear the appeal. (C) At a disciplinary hearing the member in person or by counsel, may offer evidence in support of his or her written objections. The Manager of Safety, acting through the City Attorney as counsel, shall offer evidence in justification of the departmental action. The hearing shall be recorded by a reporter or by an electronic recording device and a full record made. The Commission may adopt rules regarding pre-hearing matters and the conduct of the hearing. (D) In reviewing the disciplinary action, the Hearing Officer shall give due weight to the necessity of the maintaining by the Manager of administrative control of the department. The Hearing Officer shall review the full record before him or her and shall make written findings, affirming, reversing, or modifying the disciplinary action in whole or in part. The Hearing Officer's decision shall be filed with the Commission. Promptly upon receipt of the decision, the Commission shall simultaneously serve it on the Manager of Safety and the member involved by mailing it by certified or registered mail. Service shall be complete upon return of the mailing receipt, whether accepted or not. (E) The decision of the Hearing Officer may be appealed to either the Commission, or directly to District Court in accordance with the Colorado Rules of Civil Procedure then in effect. If one party appeals to the Commission and the other party appeals to the District Court, the court shall dismiss the appeal without prejudice until the Commission rules on the appeal before it. Any appeal to the Commission shall be initiated by filing a notice of appeal with the Commission as provided by Commission rule. Upon receipt of the notice of appeal, the Commission shall promptly notify the non-appealing party. The rules of the Commission shall provide for procedural matters regarding disciplinary appeals before the Commission. (F) In deciding the appeal, the Commission shall rely only upon the evidence presented to the Hearing Officer except when the appeal is based on new and material evidence. All factual findings by the Hearing Officer shall be binding on the Commission, and the Commission may not resolve disputed issues of fact. Review of a Hearing Officer decision by the Commission shall be limited to the following grounds: (a) new and material evidence is available that was not available when the appeal was heard by the Hearing Officer, (b) the decision of the Hearing Officer involves an erroneous interpretation of departmental or civil service rules, (c) the decision of the Hearing Officer involves policy considerations that may have effect beyond the case at hand, or (d) the discipline affirmed or imposed by the Hearing Officer is inconsistent with discipline received by other members of the department under similar circumstances. The Commission may affirm, reverse or modify the Hearing Officer's decision provided that the Commission shall not have the authority to impose a level of discipline more severe than that imposed by the Hearing Officer or the Manager of Safety. (G) Either the member of the Classified Service affected thereby or the Manager of Safety may seek a judicial review of the decision of the Civil Service Commission in accordance with the Colorado Rules of Civil Procedure then in effect. Judicial review proceedings hereunder shall not be extended further than to determine if the Commission has exceeded its jurisdiction or abused its discretion under the provisions of this Charter. In the event that no appeal of the Hearing Officer's decision is made to the Commission, either the member of the Classified Service affected thereby or the Manager of Safety may seek judicial review of the Hearing Officer's decision in the same manner as provided for review of a Commission decision. Under the circumstances, the time period for filing for judicial review shall begin the day after the last day when an appeal with the Commission could have been filed. (Charter 1960, C5.73-2; amended June 5, 1962; amended November 4, 1986; amended November 7, 2000. Subsections (E), (F) and (G) added November 4, 1986; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 138-03, § 1, 2-24-03, elec. 5-6-03)

Denver City Charter, art. IX, § 9.4.16 Suspension pending investigation.

§ 9.4.16 - Suspension pending investigation. The Chief of the Fire Department and the Chief of the Police Department shall, within their respective commands, have the power and authority to suspend any member of the Classified Service pending an investigation and the initiation of disciplinary action provided that a specification of charges as provided in Subsection 9.4.14(A) must be filed with the Manager of Safety or such suspension must be terminated within ten days; provided, however, that where a specification of charges is filed in accordance with the provisions of Subsection 9.4.14(A), such suspension shall remain in effect pending final disposition of such charges, including the final disposition of any appeal of a departmental order. (Charter 1960, C5.73-3; amended June 5, 1962; amended November 4, 1986; amended November 7, 2000)

Denver City Charter, art. IX, § 9.4.17 Suspension upon filing of indictment or information.

§ 9.4.17 - Suspension upon filing of indictment or information. Indictment of a member of the Classified Service or the filing of any information by a District Attorney against the member charging any felony shall be cause for suspension of any member of the Classified Service, with or without pay, indefinitely upon order of the Chief of his or her department. Such suspension shall be terminated by restoration to the service or by discharge as soon as the decision of the court becomes final. If the member of the classified service has been suspended without pay and is restored to his or her position, the member shall receive full pay for the entire period of such suspension and his or her eligibility for other benefits of the service shall not be deemed to have been interrupted by such suspension. The conviction of a member of the Classified Service for a felony shall be grounds for discharge. (Charter 1960, C5.73-4; amended June 5, 1962; amended November 4, 1986; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)

Denver City Charter, art. IX, § 9.4.18 Reserved.

Denver City Charter, art. IX, § 9.4.19 Reduction and increase of force.

§ 9.4.19 - Reduction and increase of force. When the force in any department is reduced the member receiving the last original appointment to that department for employment shall be first laid off; and when the force in that department is increased members laid off shall be recalled in the order of their date of original appointment. (Charter 1960, C5.70; Charter 1904, § 201; amended November 4, 1986; amended November 2, 1993)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIXEM_PT4CLSEGEPRFetched: 10/27/2026