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HomeMy WebLinkAbout2024-01 Applicant Qualifications STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION AMENDMENT NO. 2024-01 WHEREAS,pursuant to Ind. Code § 36-4-6-2,the City of Jeffersonville Common Council (hereinafter the"Council"),is the legislative body of Jeffersonville City government; and, WHEREAS,pursuant to Ind. Code § 36-8-2-3,the City of Jeffersonville has established, maintains, and operates a fire fighting and fire prevention system to preserve public safety and provides facilities and equipment for that system(hereinafter,collectively referred to as the "Department"); and, WHEREAS,pursuant to Ind. Code § 36-8-3.5-10,the duly appointed City of Jeffersonville Fire Merit Commission(hereinafter the"Commission")adopted the City of Jeffersonville Fire Merit Commission Rules&Procedures(as amended from time-to-time by the Commission,pursuant to amendment procedures set forth in City of Jeffersonville Fire Merit Commission Rules and Procedures)(hereinafter, collectively referred to as the "Rules"); and, WHEREAS,pursuant to Ind. Code § 36-8-3.5-12(e),the Commission is responsible for establishing the testing procedures for applicants to the Department and the rules for grading applicants; and, WHEREAS,the duly appointed members of the Commission have adopted timely noticed certain proposed rule change to the City ofJeffersonville Fire Merit Commission Rules & Procedures, specifically Rule&Procedure#1: Applicant Qualifications Section II: Qualifications, in order to mirror the language of certain changes to Indiana Code 36-8-3.5-12 regarding age limitations for applicants; and, WHEREAS, according to Amendment 2024-01, "all applicants for appointment or reappointment to the Department must meet the following criteria: . . . (B)Must be at least twenty-one(21)years of age, but under forty(40)years of age" (see Exhibit A attached hereto and incorporated by reference) ; and, WHEREAS, a copy of the Notice for Amendment 2024-01 is attached hereto and incorporated by reference as Exhibit B, and the Commission, and the Commission,having considered the proposed rule change and after a duly noticed public hearing, have determined to adopt the proposed rule change by a majority vote of the governing body in a public meeting; and, SO APPROVED THIS 1//4 DAY OF 1. / 2024. MEMBERS VOTING "YEA": MEMBERS VOTING "NAY": Thomas Spalding Thomas Spalding Samuel Smith Samuel Smith Brooke Thomas Brooke Thomas James Dys James Dyson 2it Troy McCormick Troy McCormick EXHIBIT A TO AMENDMENT NO.2024-01 RULE &PROCEDURE#1: APPLICANT QUALIFICATIONS, SECTION II: QUALIFICATIONS I. QUALIFICATIONS All applicants for appointment or reappointment to the Department must meet the following requirements: A. Must be a legal citizen of the United States of America. B. Must be at least twenty-one (21)years of age,and no more than forty (40) years of age. C. Must submit a completed Jeffersonville Fire Merit Commission application to the Jeffersonville Human Resources Office with an authenticated birth certificate or satisfactory evidence of date and place of birth. D. Must not be convicted of a felony or of any kind or misdemeanor convictions which show a propensity for violence. E. Must have a current CPAT(Candidate Physical Ability Test)certification. F.Must have a valid driver's license. EXHIBIT B TO AMENDMENT NO.2024-01 NOTICE OF PROPOSED MERIT CHANGE TO APPLICANT QUALIFICATIONS: AGE LIMITATIONS Notice of Proposed Merit Change to Applicant Qualifications: Age Limitations Pursuant to Indiana Code § 36-8-3.5-10(b) and Indiana Code § 5-3-1-2,the Jeffersonville Fire Merit Commission is publishing notice of hearing to discuss the adoption of changes to the Internal Rules and Procedure of Jeffersonville Fire Merit Commission. The hearing will be held on April 4, 2024, at 6:00 p.m. in the Jeffersonville City Council Chambers located at the City Hall of Jeffersonville. A copy of the proposed rule is contained below. Pursuant to Indiana Code § 36-8-3.5-10(c), one copy of the proposed rule has been placed on file in the Office of the Clerk of a City Jeffersonville, and three copies of the proposed rule have been forwarded to the Chief of the Jeffersonville Fire Department and have been retained on file in the chiefs office for inspection at all times by members of the department. In addition, in accordance with the Fire Merit Commission Internal Rule and Procedure#8 section II subsection D,the Chief shall"post a copy of the proposed rules and procedures in a prominent location throughout each fire station for inspection by the officers at least ten(10) calendar days before the public hearing." The Fire Merit Board is holding the public hearing to discuss proposed changes to the current rule (outlined below). Said rule is contained in the Fire Merit Commission Internal Rule and Procedure #1 section II. The Board is considering an change the age limit qualifications to mirror the recent changes to the statutory language found in I.C. 36-8-3.5-12. CURRENT RULE I. QUALIFICATIONS All applicants for appointment or reappointment to the Department must meet the following requirements: A. Must be a legal citizen of the United States of America. B. Must be at least twenty-one (21)years of age, and no more than thirty-six (36) years of age. C. Must submit a completed Jeffersonville Fire Merit Commission application to the Jeffersonville Human Resources Office with an authenticated birth certificate or satisfactory evidence of date and place of birth. D. Must not be convicted of a felony or of any kind or misdemeanor convictions which show a propensity for violence. E. Must have a current CPAT(Candidate Physical Ability Test)certification. F. Must have a valid driver's license. PROPOSED RULE II. QUALIFICATIONS All applicants for appointment or reappointment to the Department must meet the following requirements: A. Must be a legal citizen of the United States of America. • B. Must be at least twenty-one (21) years of age, and no more than forty (40)years of age. C. Must submit a completed Jeffersonville Fire Merit Commission application to the Jeffersonville Human Resources Office with an authenticated birth certificate or satisfactory evidence of date and place of birth. D. Must not be convicted of a felony or of any kind or misdemeanor convictions which show a propensity for violence. E. Must have a current CPAT(Candidate Physical Ability Test) certification. F. Must have a valid driver's license. Prepared By: /s/Zachary F. Stewart Zachary F. Stewart Indiana Attorney No.: 35379-39 530 East Court Ave. • Jeffersonville,Indiana 47130 T: 502-548-9890 FAX: 812-282-3188 EM:zach@zacharyfstewartlaw.com