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8. AN AMENDMENT ALLOWING AFFIRMATIVE ACTION PLANS TO BE IMPLEMENTED IN POLICE AND FIRE DEPARTMENTS CurrenLLaw Under Section 143.026, ~h~n a v~can9' occurs in. ~ beginning po,sitiot;l in a fire. or police department, the CIV11 servIce dlrect~r certIfle,s to the CIty s chIef ex.e~u~l.ve officer the names of the three persÐns haV1ng the hIghest grades on the eligIbility list. The chief executive officer then appoints the person with the highest grade unless there is a valid reason that the person having the second or third highest grade should be appointed. proposed.J:þan&e Under this amendment, an additional name from the eligibility list may be added to the list submitted to the chief executive officer to fill a vacancy in a beginning position. This additional name is allowed if the cit)'. council has adopted an affirmative action plan that has been approved by the civIl service commission. The additional candidate from the eligibility list must meet all the other qualifications and criteria necessary to fill a beginning position. Currently, the chief executive officer can appoint the person with the highest grade unless there is a good and sufficient reason that one of the other persons named should be appointed. Under the proposed amendment, the implementation of an affirmative action plan would be a "good and sufficient" reason to appoint someone other than the first person on the list. .Reasons furj>roposed.J:..han&e City councils are currently being sued for implementation of affirmative action plans in their police and fire departments. Local city councils should be able to cQnsider implementation of affirmative action plans in hiring of police and fire personnel to avoid court-ordered sanctions or comhly with appropnate consent decrees. This provision would also allow local aut orities to consider what is best for their community in balancinl the make-up of police/fire departments in lieu of having the courts make those eternúnations. The unions contend this is a violation of the Civil Service Act because there is no provision that allows for these appointments. City councils should be allowed to hire minorities and women when they have adopted an affirmative action plan. PAGE 8 OF lO OF EXHIBIT A