City of Buffalo is Circumventing Civil Service Rules
The City of Buffalo and the Buffalo Police Department are circumventing civil service rules requiring the administration of a promotional civil service exam for the ranks of Detective, Detective/Sergeant, Lieutenant, Captain and, Inspector.
The last certified civil service eligibility list for the aforementioned ranks expired on August 22, 2016. The City of Buffalo sent out Request for Proposals (RFP) for a successor promotional exam in 2016 and, received the responses for those RFP’s on July 15, 2016. The City of Buffalo has not contracted with an outside vendor for this exam nor has the City requested to utilize the State Civil Service Promotional Test for these ranks.
Now the City of Buffalo and the Buffalo Police Department claims that there are not enough budgeted police officer ranks for the January 2017 police academy. The Buffalo Police Department intends on provisionally appointing/promoting up to ten (10) police officers to higher ranks in order to “free-up” more police officer ranks for upcoming police academy. The Buffalo Police Department could have requested a budget amendment to provide for more police officer ranks in the budget. Instead of properly applying for this budget adjustment the Buffalo Police Department is going to circumvent civil service rules to “free-up” these additional positions. The officers that accept these positions will not have studied for a promotional exam, taken the exam, participated in the required oral testing of the exam and, then waited for their name to appear on a certified eligibility list.
This is not only an unfair labor practice but also a violation of the Collective Bargaining Agreement and the By-Laws of the union that represents all members in the ranks of police officer, detective, detective/sergeant, lieutenant, captain and, inspector. The Board of Directors and the Board of Delegates has authorized the attached PBA Resolution:
WHEREAS, The Buffalo Police Department allowed the last promotional civil service exam to expire on August 22, 2016 and did not prepare a successor civil service promotional exam, and
WHEREAS, The City of Buffalo issued a Request For Proposals for the development of a promotional civil service exam and the responses for such RFP was received on July 15, 2016, and
WHEREAS, The PBA has requested the City of Buffalo to provide a promotional exams for the ranks of Inspector, Captain, Lieutenant, Detective Sergeant and, Detective, and
WHEREAS, As of January 9, 2017 the City of Buffalo has not announced a promotional exam for the titles stated, and
WHEREAS, That the contractual mandates for the aforementioned titles are full and satisfied; with the exception of Police Captain; which is currently being filled by three temporary captains, and
WHEREAS, The PBA has learned that the Buffalo Police Department intends on provisionally promoting PBA members within the department to ranks that they have not earned by the establishment of an eligible civil service list, and
WHEREAS, The Collective Bargaining Agreement requires that any temporary assignment to a higher rank shall be based on seniority as defined in both Article X and Article XVII, and
WHEREAS, On January 9, 2017, the Board of Directors voted unanimously to denounce the department’s intent to provisionally promote some members absent an eligible civil service list and absent the consideration of seniority.
BE IT RESOLVED, Any member who accepts a provisional promotion seriously undermines the position of the PBA, the rights of its members and, the terms and conditions of employment. That any member who accepts a provisional promotion will be in violation of this resolution, the Collective Bargaining Agreement and, the By-Laws of this union and will be subject to internal union charges pursuant to the By-Laws.
Dated: January 9, 2017
Unanimously passed at General Membership meeting on January 12, 2017