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HomeMy WebLinkAbout2026-01 (Amendment Failed) Amendment to Provide an Experienced Fire Fighter Eligiblilty List STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION AMENDMENT NO. 2026-01 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� #2ry Selectione City of of Applicrsonville lre antMerit No der tolssion Rules& provide for an Procedures, specifically Rule &Procedure Experienced Fire Fighter Eligibility List; and, WHEREAS,pursuant to Ind. Code § 36-8-3.5-1(f),the Council, enacted Ordinance No. 2025-OR-53 (attached hereto and incorporated by referenced as Exhibit A),by which Ordinance amended the Merit System to authorize the Commission to adopt a hiring procedure for the hiring of experienced officers from an"Experienced Fire Fighter List,"in the event of member vacany(ies)in the Department; and, WHEREAS,before, at the time of, and/or after the adoption of Ordinance No. 2025-OR- 53,the City of Jeffersonville Fire Department Administration(the"Administration")requested the Commission re-evaluate the hiring procedure, in order to provide a mechanism for the hiring of experienced officers separately from inexperienced candidates,who can be placed on the line in a shorter time-frame than the inexperienced recruit,and require less expenditure of resources for training, in the event of member vacancy(ies)within the Department; and, WHEREAS, a copy of the Notice for Amendment 2026-01 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. SO APPROVED THIS ) DAY OF /ifAReA ,2026. MEMBERS VOTING "YEA": MEMBERS VOTING "NAY": Thomas Spalding Thomas Spalding 44/44...gt Samuel Smith Samuel Smith M lissa S lly Melissa Scully Donovan Simms Donovan Simms 7/(i7 Troy McCormick Troy McCormick STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION ORDINANCE NO.2025-OR- 121 ORDINANCE AMENDING RESOLUTION NO.2008-R-29,ENTITLED A RESOLUTION ESTABLISHING A MERIT BOARD FOR THE JEFFERSONVILLE FIRE DEPARTMENT(AS AMENDED 2009-R-18&ORDINANCE NO.2011-0R-45, ENTITLED AN ORDINANCE REAFFIRMING THE AUTHORITY OF THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION) WHEREAS,pursuant to Ind.Code§36-4-6-2,the City of Jeffersonville Common Council(hereinafter the"Council")is the legislative body of the 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 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 and Procedures(as amended from time-to-time by the Commission,pursuant to amendment procedures set forth in the City of Jeffersonville Fire Merit Commission Rules and Procedures)(hereinafter the"Rules");and, WHEREAS,pursuant to Ind.Code§36-8-3.5-12,the Commission is responsible for the establishment of an applicant eligibility list for new hires as member vacancies become available within the Department;and, WHEREAS,the Commission continues to work in conjunction with the Department's administration,to efficiently,and in a cost-effective manner,administer the Rules in hiring new members to the Department;and, WHEREAS,due to concerns regarding expansion of the Department and potential human-resource shortages resulting from vacancies and newly created positions within the Department,the Department administration has requested the Commission re-evaluate the hiring procedure.in order to provide a mechanism for the hiring of experiences officers,who can be placed on the line in a shorter time-frame than the new recruit,in the event of such vacancies; and, WHEREAS,the Commission lacks statutory authority to create a separate hiring procedure.absent an amendment or addition to the merit system by ordinance of the Council, pursuant to the provisions of Ind.Code§36-8-3.5-1(g),which provides as follows: 1 (g)This chapter does not prevent a township or other unit that has adopted a merit system under section 3 of this chapter from later amending or deleting any provisions of the merit system contained in this chapter.However,the merit system must include a provision under which the commission has at least one- third( )of its members elected by the active members of the department,as set forth in section 8of this chapter and a provision that incorporates the requirements of section 6(b)of this chapter.This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend under this subsection. WHEREAS,in consideration of the time and expense of training new recruits when member vacancies occur within the Department,and the resultant risk to community safety in the absence of adequate human resources available for assignment to duties within the Department, the Commission has determined that the creation and use of an"Experienced Officer List,"to be utilized in the event of vacancies with the Department,will provide for adequate human resources in the event of such vacancies;and, WHEREAS,pursuant to Ind.Code§36-8-3.5-1(f)and by Resolution 2025-01,the Commission has recommended the amendment of the merit system,to grant authority to the Commission to create a separate"Experienced Officer List"for use in hiring in the event of member vacancies within the Department;and, NOW,THEREFORE,BE IT ORDAINED,as follows: The Merit system,as enacted by Resolution No.2008-R-29(as amended by Resolution No.2009-R-18 and Ordinance No.2011-OR-45),is hereby amended and the City of Jeffersonville Fire Merit Commission is hereby authorized to create a hiring procedure beyond that authorized by Ind.Code§36-8-3.5 et seq.,to include a procedure for the creation and use of an"Experienced Fire Fighter List,"separate and apart from the Applicant Eligibility List currently authorized pursuant to Ind.Code§36-8-3.5-12,Resolution No.2008-R-29(as amended by Resolution No.2009-R-18,and Ordinance No.2011-OR-45),and the City of Jeffersonville Fire Merit Commission Rules and Procedures(hereinafter the`Rules"),to be used in the event of vacancies of member(s)of the Department. Nothing contained in this Ordinance is intended in any way to otherwise alter or amend the functioning duties,responsibilities,and/or authority of the Commission under the Merit System as previously adopted by the Council. 2 SO ORDAINED THIS I DAY OF Dec€r,1=P/" ,2025 MEMBERS VOTING"YEA": MEMBERS VOTING"NAY": /14,v &et Evan Stoner Evan Stoner Aid;;:) Vi 0411 Dustin White Dustin White Amy Semo s Amy Semones Bill Bums Bill Burns Donna Reed Donna Reed Scott Anderson Scott Anderson Jacky Snelling Jacky Snelling 3 __4/144) Evan Stoner.President Ali EST; Lisa Gil City Clerk Presented to me as Clerk to the Mayor of the City of Jeffersonville this ,2 day of Oer 2025. This Ordinance approved and signed by me this 3 day of ,2025. Mike M ,Mayor 4 STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION RESOLUTION NO.2025-01 RESOLUTION RECOMMENDING AN AMENDMENT TO RESOLUTION ESTABLISHING MERIT BOARD FOR THE JEFFERSONVILLE FIRE DEPARTMENT WHEREAS,pursuant to Ind.Code§36-4-6-2,the City of Jeffersonville Common Council(hereinafter the"Council")is the legislative body of the 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 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 and Procedures(as amended from time-to-time by the Commission,pursuant to amendment procedures set forth in the City of Jeffersonville Fire Merit Commission Rules and Procedures)(hereinafter the"Rules");and, WHEREAS,pursuant to Ind.Code§36-8-3.5-12,the Commission is responsible for the establishment of an applicant eligibility list for new hires as member vacancies become available within the Department;and, WHEREAS,the Commission continues to work in conjunction with the Department's administration,to efficiently,and in a cost-effective manner,administer the Rules in hiring new members to the Department;and WHEREAS,due to concerns regarding expansion of the Department and potential human-resource shortages resulting from vacancies and newly created positions within the Department,the Department administration has requested the Commission re-evaluate the hiring procedure,in order to provide a mechanism for the hiring of experiences officers,who can be placed on the line in a shorter time-frame than the new recruit,in the event of such vacancies; and, WHEREAS,the Commission lacks statutory authority to create a separate hiring procedure,absent an amendment or addition to the merit system by ordinance of the Council, pursuant to the provisions of Ind.Code§36-8-3.5-1(g),which provides as follows: (g)This chapter does not prevent a township or other unit that has adopted a merit system under section 3 of this chapter from later amending or deleting any provisions of the merit system contained in this chapter.However,the merit Online Copy from CityOfJef.net City Clerk system must include a provision under which the commission has at least one- third(''A)of its members elected by the active members of the department,as set forth in section 8of this chapter and a provision that incorporates the requirements of section 6(b)of this chapter.This subsection does not require the legislative body to establish a new merit system when it exercises its power to amend under this subsection. WHEREAS,in consideration of the time and expense of training new recruits when member vacancies occur within the Department,and the resultant risk to community safety in the absence of adequate human resources available for assignment to duties within the Department, the Commission has determined that the creation and use of an"Experienced Officer List,"to be utilized in the event of vacancies with the Department,will provide for adequate human resources in the event of such vacancies;and, NOW,THEREFORE,BE IT RESOLVED,as follows: The Commission hereby recommends that the Jeffersonville Fire Merit System,and all enabling resolutions and/or ordinances,be amended and/or added to,in order to authorize the Commission to create and use an"Experienced Officer List,"separate and apart from the Applicant Eligibility List currently authorized pursuant to Ind.Code§36-8-3.5-12 and any enabling resolutions or ordinances,and the City of Jeffersonville Fire Merit Commission Rules and Procedure(hereinafter the"Rules"),in the event of vacancy of a member(s)of the Department. SO RESOLVED THIS 3r-ci DAY OF 2025 MEMBERS VOTING"YEA": MEMBERS VOTING"NAY": <914C141'44- Thomas Spalding Thomas Spalding • Samuel Smith Samuel Smith Brooke Thomas Brooke Thomas 2 Online copy from CityOfJeff.net - City Clerk Donovan Sims Donovan Sims Zie Troy McCormick Troy McCormick 3 pnline copy from CityOfJeff_net- City Clerk Resolution No. 2008-R-29 A Resolution Establishing A Merit Board For the Jeffersonville Fire Department Whereas,the Jeffersonville City Council reasonably believes that the Jeffersonville Fire Department should be entitled to the opportunity to be governed by a Merit Board pursuant to Indiana law; Whereas,the Jeffersonville City Council believes that fairness, impartiality and equity should be adhered to when considering individuals for promotions, hiring and discipline; Whereas, in order to promote these concepts the Jeffersonville City Council adopts the following resolution: Section One: DEFINITIONS: "Commission" The merit commission for a merit system established pursuant to this resolution "Department" The Jeffersonville Fire Department SEC71ON TWO: MERIT COMMISSION: 2.1 Membership and Configuration: The Merit Commission shall consist of five(5)members. The commissioners shall be appointed as follows: A. Two(2)individuals appointed by the Mayor. These persons shall be of different political parties; B. Two(2)individuals appointed by the active members of the Jeffersonville Fire Department. These persons shall be of different political parties; flays lo4) 5 C. One(1)individual appointed by the Jeffersonville City Council; D. Political affiliation shall be determined by reviewing the voters'registration records of the three(3)most recent primary elections. 2.2 Requirements for Serving: A. A commissioner must be a person of good moral character; B. A commissioner must have been a legal resident of the City of Jeffersonville for three(3)consecutive years immediately preceding the commissioner's term of office; C. A commissioner must be at least twenty-one(21)years of age; D. A commissioner may not be an active member of a police or fire department or agency. In addition, not more than two(2)of the commissioners may be past members of a police or fire department or agency; E. A person shall be prohibited from serving as a commissioner if that person receives any remuneration as a salary from the City of Jeffersonville; F. Each commissioner shall take an oath of office to conscientiously discharge the commissioner's duties. A signed copy shall be filed with the Clerk-Treasurer and the Board of Public Works. 2.3 Terms and Tenure: A. The term of a commissioner shall be four(4)years. B. However,one(1)of the Mayor's initial selections and one(1)of the Department's initial selections shall serve for two(2)years. The Mayor and Department shall distinguish immediately which member shares this status; C. The commissioner appointed by the Council shall serve a four(4)year term; D. The commissioners serve"at the will"of the appointing agency. Commissioners may be removed for any and/or no reason upon vote of the appointing authority; E. Any vacancy shall be filled within thirty(30)days by the appointing or electing authority; Flays 2 o4 5 • F. Any commissioner who fails to attend two(2)meetings, during a one(1) year period, of the commission shall be deemed to have resigned his or her appointment and shall be replaced by the appointing authority; SECTION THREE: APPROVAL OR REJECTION OF MERIT BOARD 3.1 Meeting Requirements: A. Within sixty(60)days after the adoption of this resolution the Department shall be required to conduct a meeting wherein the active membership shall be permitted to vote upon either the approval of or rejection of the proposed merit board; B. The date of the passage of this resolution shall be . The meeting and election shall be held not later than C. The Department shall give the membership not less than three(3)weeks notice of said meeting. 3.2 Notice Requirements: • A. The Department shall give not less than three(3)weeks notice to all active members of the department that a meeting shall be held to approve or reject the merit system; B. Notice shall be given by posting it in prominent places in all stations of the department. The notice must designate the time, place and purpose of said meeting; C. A copy of this resolution shall be distributed to each active member of the Department at least one(1)week prior to the date of the meeting described herein; D. Only active members of the Department may attend the meeting. At the meeting one(1)active member shall be selected to serve as chairman for the sole purpose of conducting said meeting. The members shall have the right to request their legal counsel and/or any other individual to assist in conducting the meeting. E. The vote to either approve or reject the merit board shall be by secret ballot; flays 3 oq 5 F. The ballot shall be pre-printed and shall set the following: "Please Circle your choice: I vote to approve the Jeffersonville City Council's Proposed Resolution Establishing A Merit Board pursuant to Indiana Code. I vote to reject the Jeffersonville City Council's Proposed Resolution Establishing A Merit Board pursuant to Indiana Code. G. The ballots shall be immediately counted and the vote reported to in the open meeting to the membership in attendance. The Department shall notify the Council of the vote within forty-eight(48)hours thereof; SECTION FOUR: EFFECTIVE DATE AND APPOINTMENT DEADLINE: 4.1 Effective Date: A. If the Department votes affirmatively to accept the City Council's proposed Merit Board system said system shall become effective January 1 following the affirmative vote; B. If the Department votes to reject the Merit Board another proposal may not be put to a vote within one(1)year after the date of the meeting wherein the original proposal failed. 4.2 Appointment of Commissioners: A. If the Department affirms the Merit Board all entities shall make their appointments thereto by March 1 of the year within which the Board becomes effective. SECTION FIVE: MERGER PROVISIONS: 5.1 Merger of Indiana Code 36-8-3.5 Et. Seq. A. The Jeffersonville City Council, by this resolution, merges all of those provisions of Indiana Code as set forth in IC 36-8-3.5,et. Seq as same relates to the establishment of and the operation of the Merit Board; B. The Council specifically adopts all procedures as set forth in said Indiana Code Ilaye 4 o4 5 • - } as it relates to the establishment of the commission. C. The Council specifically adopts all of those requirements set forth in Indiana Code for membership to the Department as well as those procedures defined for the purpose of hiring,firing and discipline. D. The intent of the Council is to adopt the Indiana Code in its entirety as it relates to the Merit Board. The Council would concede that the Indiana Code shall be controlling on any matter or issue wherein there is a conflict as between this resolution and the Indiana Code section establishing the Merit System. Severability Clause: Should any section, paragraph,sentence,clause or phrase of this resolution,or its application to any person or circumstance,be declared unconstitutional or otherwise invalid for any reason,or should any portion of this resolution be preempted by state or federal law or regulation,such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or circumstances. This Resolution shall be in full force and effect from and after its passage and approval. Voted For: Voted Against: t -J .- ' acrry ' did¢oi j ` ,.-1 , e Passed this rXQ day of 0 ' ( ,2008. .. Ot4.44j01 Mayor Thomas Galliga Attest: 0126lam , ) Peggy ilder, Clerk-Treasurer rlaye 5 o. 5 a RESOLUTION 2009-R-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA.AMENDING THE ESTABLISHMENT OF A MERIT BOARD FOR THE JEFFERSONVILLE FIRE DEPARTMENT WHEREAS, the Common Council of the City of Jeffersonville, under the authority granted to it by the Indiana Code,established a merit system for its fire department by City of Jeffersonville Resolution 2008-R-29;and WHEREAS, a majority of the active members of the Jeffersonville Fire Department voted to approve merit system in 2008, and the merit system took effect in the City of Jeffersonville on January 1,2009;and WHEREAS, a merit commission consisting of five (5) commissioners was established for the fire department in accordance with the Indiana Code by City of Jeffersonville Resolution 2008-R-29;and WHEREAS, the current City of Jeffersonville Fire Merit Commission was unable to adopt rules governing (1) the selection and appointment of persons to be employed as members of the department, promotions, (2)promotions and demotions of members of the department, and (3) disciplinary action or dismissal of members of the department within ninety(90)days after being selected;and WHEREAS,by passing this Resolution, the intent of the City of Jeffersonville Common Council is to comply with the provisions of the Indiana Code in its established merit system and the Fire Department Merit Commission's adoption of governing rules. WHEREAS, the City of Jeffersonville Common Council has consulted with the Executive Board of the Jeffersonville Fire Union Local #558, and they concur with the actions taken by the City of Jeffersonville Common Council through this Resolution. (See Exhibit"A") NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville,that it specifically and affirmatively finds as follows: Page 1 of 4 1. That the City of Jeffersonville Common Council,by the authority granted under Indiana Code§36-8-3.5-1(f),amends City of Jeffersonville Resolution 2008-R-29. 2. That because the current Jeffersonville Fire Department Merit Commission has not adopted its governing rules within ninety (90) days of being selected as required by the Indiana Code, the Common Council absolves the current commissioners of the City of Jeffersonville Fire Merit Commission. 3. Each of the bodies with authority to appoint or elect members to the Jeffersonville Fire Merit Commission shall make their appointment(s) to the City of Jeffersonville Fire Merit Commission in accordance with the Indiana Code, within thirty(30)days after this Resolution is passed. 4. Nothing contained in this resolution disqualifies a current commissioner of the City of Jeffersonville Fire Merit Commission from being appointed or selected to the Commission subsequent to the formal adoption of this resolution. 5. Each selected commissioner shall take an oath of office to conscientiously discharge the commissioner's duties. A signed copy of the oath shall be filed with the safety board. 6. Within ninety (90) days after the commission is selected, the commission shall adopt rules governing: a. the selection and appointment of persons to be employed as members of the fire department,subject to applicable pension statutes; b. promotions and demotions of members of the fire department;and c. disciplinary action or dismissal of members of the department. 7. Before the rules stated in paragraph 5 are adopted by the commission, the commission must hold a public hearing to consider the adoption of the proposed rules. At least ten(10)days before the public hearing,the commission must have a notice of the hearing published in accordance with Indiana Code§5-3-1. The notice must state the time and place of the hearing and give briefly the subject matter of the proposed rules. Page 2 of 4 8. The commission shall comply with all other sections of the Indiana Code in the adoption of its governing rules and procedures. 9. Upon the adoption of its governing rules and procedures within the ninety (90) days after being selected, as proscribed by the Indiana Code, the City of Jeffersonville Fire Merit Commission shall assume its statutory duties and responsibilities on January 1, 2010, and the City of Jeffersonville's merit system for its fire department shall become effective. 10.The Jeffersonville Fire Merit Commission shall provide copies of the permanent record of each of its meetings to the office of the City of Jeffersonville Clerk- Treasurer. Further, the Jeffersonville Fire Merit Commission shall comply with all federal, state, and local rules, regulations, laws, and ordinances regarding keeping and preserving meeting records. 11.The City of Jeffersonville Fire Merit Commission may not employ or appoint an attorney or a secretary without the authorization and approval of the City's Executive. 12.Should any section, paragraph, sentence, clause, or phrase of this resolution, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this resolution be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or circumstances. This resolution shall be in full force and effect from and after its passage and approval. Page 3 of 4 Voted For. Voted Against: r Passed this 7/.-‘‘ day of CC 41) ,2009. ti Mayor Thomas talli ,Mayor Attest: Q. Peggy Wilder,Clerk-Treasurer Page 4 of 4 ORDINANCE NO.2011-OR- OS— AN ORDINANCE REAFFIRMING THE AUTHORITY OF THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION WHEREAS, the City of Jeffersonville Common Council (the "Council"), is the legislative body of Jeffersonville City government pursuant to the provisions of Ind.Code§36- 4-6-2;and, WHEREAS,pursuant to Ind.Code§ 36-8-2-3,the City of Jeffersonville has established, maintains, and operates a firefighting and tire prevention system that provides facilities and equipment for that system.;and. WHEREAS.Imo.Code§36-8-3.5-3 provides the legislative body of a unit may establish a merit system for its full-time Fire Department and prescribes the procedures for the establishment of such system;and, WHEREAS, on October 20, 2008, the Council adopted Resolution No. 2008-R-29, entitled. "A Resolution Establishing a Merit Board for the Jeffersonville Fire Department", which resolution established a Merit System for the City of Jeffersonville Fire Department pursuant to the provisions of Ind.Code§36-8-3.5 et seq.;and, WHEREAS, in accordance with the provisions of Ind. Code * 36-8-3.5-4, after the adoption of Resolution No. 2008-R 29. a majority of the active members of the Jeffersonville Fire Department voted to approve the merit system,and pursuant to Ind. Code § 36-8-3.5-4(d), the merit system took effect on January 1,2009;and, WHEREAS, a merit commission consisting of five (5) members (the "Original Commission")was appointed in accordance with the provisions of Resolution 2008-R-29;and, 1 WHEREAS,after the Original Commission was appointed as described hereinabove,on October 7,2009,the Council adopted Resolution No. 2009-R-18, entitled. "A Resolution of the Common Council of the City of Jeffersonville Indiana, Amending the Establishment of a Merit Board Jro the Jeffersonville Fire Department",which resolution, by agreement of Jeffersonville Fire Union Local #558, absolved the Original Commission members of their appointments, and set a thirty(30)day deadline for the appointment of new members to the newly constituted City of Jeffersonville Fire Commission(the"Commission");and, WHEREAS,Resolution No.2009-R-18 further set deadlines for the adoption of rules to govern the hiring,discipline and promotion of members within the Department, consistent with the dictates of Ind.Code§36-8-3.5-10;and, WHEREAS,the appointing authorities appointed five(5)members to the Commission, and the Commission timely adopted rules to govern the hiring, discipline, and promotion of members within the Department,consistent with the requirements of both Resolution No.2009- R-18 and hid.Code§36-8-3.5-10;and, WHEREAS, since the appointment of the Commission, the Commission has been performing its duties pursuant to the authority granted it by Ind.Code§36-8-3.5 et seq.;and.. WHEREAS,Ind. Code § 36-8-3.5-3 provides that, for a municipality, the Commission must be established by adoption of an ordinance;and. WHEREAS. the members of the Department have been given notice of the Council meeting(s) at which this Ordinance is to be discussed, at least three (3) weeks prior to the Council meeting (see Exhibit "A",attached hereto),and a copy of the Proposed Ordinance was provided to each member within at least one (1) week prior to the Council meetings)at which this Ordinance is to be discussed(see Exhibit"B",attached hereto);and, 2 WHEREAS, upon holding discussion regarding the propriety of the adoption of this Ordinance from the members of the Department,from the Department Administration,and from the Commission,the Council desires to ratify the decisions, activities, and actions taken by the Commission to date. and to ratify the authority granted the Commission to continue with its duties and activities pursuant to Ind.Code§36-8-3.5 et seq. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville,as follows: 1. Resolution No.2008-R-29 is in all respects reaffirmed and incorporated herein by refereence,and made a part hereof. 2. Resolution No.2009-R-I8 is in all respects reaffirmed and incorporated herein by reference,and made a part hereof. 3 The provisions of hid. Code §§ 36-8-3.5 Cl seq. are incorporated herein by reference,and made a part hereof. 4. Each Commission member,as previously appointed by each appointing authority, shall remain in his/her respective position according to the dictates of Ind Code § 36-8-3.5-7, with each members' term beginning on the date of his/her appointment after the adoption of Resolution No.2009-R-18. 5. The Commission's Rules and Procedures, as adopted on March 26, 2010, along with all subsequent amendments thereto (the "Rules"). shall continue to govern the actions, discretion, and authority of the Commission, and such Rules are in all respects reaffirmed and incorporated herein by reference,and made a part hereof. 6. This Ordinance shall be in full force and effect upon its passage and promulgation as evidenced by the affirmative signatures of the undersigned as the majority of the duly elected and serving members of the Council. 3 Voted For, Voted Against: 11444 So ordained this (g ` day of ,,20l 1. ti omas Galligan,Mayor Attest: It •63. L61.9A0.10 Pe! der,City Clerk-Treasurer Presented by me, Peggy_Wilder, City Clerk-Treasurer, to the Mayor of the City of Jeffersonville,Indiana on this f day of —6u t .2011. .. .- LO ltAQ Pegg "II der,City Clerk-Treasurer This Ordinance signed and approved by Thomas Galligan, Mayor,City of Jeffersonville, Indiana,on this ..—day of_ _ C - -� ,2011. 1 mas Galligan,Mayor 4 STATE OF INDIANA BEFORE THE CITY OF JEFFERSONVILLE FIRE MERIT COMMISSION AMENDMENT NO. 2026-01 EXHIBIT B RULE AND PROCEDURE,2.5,ENTITLED,"APPLICATION AND APPOINTMENT OF EXPERIENCED FIRE FIGHTER TO THE FIRE DEPARTMENT" PURPOSE: To establish the circumstances,minimum qualifications,and procedure for application and appointment of applicants with prior firefighting experience to the Department. I.APPLICATION A.The Merit Commission will establish an Experienced Applicant Eligibility List,as prescribed in this Rule,in conjunction with and supplemental to the Applicant Eligibility List.The Experienced Applicant Eligibility List will assist the Fire Chief in filling any vacancies for firefighters within the Department, in the event of vacancy(ies)within the Department.Reasons for the request to be hired from the Experienced Applicant Eligibility List include(s)but are not limited to manpower shortage, significant budgetary shortcomings,or such a small number of recruits to be hired that does not fiscally justify a full academy class. B.Upon acceptance of the request for an Experienced Applicant Eligibility List,the Jeffersonville City Department of Human Resources will make applications available.Applications for appointment to the Jeffersonville Fire Department may be obtained from the online portal approved by the City of Jeffersonville Human Resources Office. Completed applications must be submitted electronically together with any required documents through the online portal maintained by the Human Resources Office.All information requested in the application must be completed to the best of applicant's knowledge and belief.Any omission or misrepresentation may render the applicant ineligible for a position with the Department. The Jeffersonville Human Resources Office shall make a computer available for applicants who do not have access to a computer. C.Completed applications will be accepted during the specified period of time at the discretion of the Commission.The exact dates for acceptance of applications will be determined and duly publicized by the Commission to have a certified applicant eligibility list by January 1st of the following year or as soon thereafter as is practical. II.QUALIFICATIONS(minimum requirements) To be considered for the appointment to the Experienced Applicant Eligibility List,applicants must meet the following requirements in addition to the minimum requirements for all applicants set forth in the Merit Commission Rules&Procedures. 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 less than forty(40)years, of age, or be a veteran with 20 years of armed forces service with a maximum age of 40 years and 6 months,or be currently an active member in the Indiana 1977 Police Officers' & Firefighters' retirement Fund. 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 of misdemeanor conviction that shows a propensity for violence. E. Must have a current CPAT(Candidate Physical Ability Test)certification. F. Must have a valid driver's license. G.All applicants must be graduates of a duly accredited high school and,at the Commission's request,must supply a school-certified copy of their transcripts.Applicants who have passed a state- accredited G.E.D.test and subsequently received a diploma from a commissioned high school shall be deemed as having graduated from a duly commissioned high school. III. QUALIFICATIONS(experienced list requirements) To be considered for the appointment to the Experienced Applicant Eligibility List, applicants must meet the following requirements in addition to the above mentioned minimum requirements. A. Must have successfully completed the following certifications; 1. EMT certification 2. Firefighter 1 &2 certification 3. Active CPAT certification 4. Hazardous Material Awareness and Operations 5. NIMS 100,200,700,800 B. Must have two(2)years' experience,full-time,at a qualified fire department.A qualified fire department is one which participates in the Indiana State Pension Relief System(Act of 1977);or equivalent original certifications of IFSAC or Pro Board. C. Accepted by the Indiana State Pension System(INPRS Act of 1977 for Fire and Police). D. Must consent to verification of employment from prior or current Fire Agency employees, including administration,supervisors,and/or co-workers. F. Must successfully complete a personal interview and background investigation. G. Applicants may participate in the Eligibility List Process at the same time as participating in the Experienced Firefighter List process,however,an applicant's name may not be certified to both certified Eligibility Lists at the same time,and must elect to be placed on(1)list.To the extent an applicant is placed on both lists and fails to notify the Commission and/or Human Resources,the applicant will be removed from one list by the Commission at the Commission's discretion. Applicant(s)who chose to apply for both list shall give notification immediately after their second interview as to which list they want to be placed on. IV.APPLICANT SCREENING A. Review of Application Applications received by the Department of Human Resources shall have a preliminary review by the Jeffersonville Fire Department to determine that all requirements of the Merit Commission Rules& Procedures have been satisfied and no apparent disqualifying factors are present. Applicants not meeting the requirements set forth herein shall be immediately disqualified. The remaining applicants will continue through the selection process outlined herein. However,the Jeffersonville Fire Department reserves the right to disqualify an applicant at any point such applicant is determined unsuitable in the screening process. B. Agility Test Each Applicant is required to have an active CPAT certification C. Background Investigation Each applicant must pass a background examination as required by the Commission and the Department of Human Resources. D. Personal Interviews After completion of the initial background investigations by the Jeffersonville Fire Department Administration,the commission shall conduct one or more personal interviews which shall be considered as examinations of the applicant's character,personal habits,reputation,as well as the mental ability and general fitness of the applicant. V. COMPOSITE SCORING PROCEDURE Composite scoring of applicants shall be completed by the Testing Agency. In order for an applicant to proceed to the next step of the Experienced Firefighter Eligibility List procedure,the applicant must complete each step hereinbelow,and will become ineligible to advance to the next step and continue to,if eligible,to become a member with the Department as set forth in these rules. The following steps shall include: Step 1-Completion of Review of Applications.Applications received by the Human Resources Department,along with any additional information compiled by the Human Resources Department, shall be provided to the Jeffersonville Fire Department(JFD).JFD shall review the application packets for compliance with qualification requirements set forth in the Rules and under Indiana Law. Upon determination that an applicant does not qualify,the JFD shall direct the Human Resources Department,to notify the applicant of the applicant's disqualification from the process and the reason therefore. The JFD shall contact the qualifying applicants to notify said applicants of the date and time for the administration of the ladder climb. Step 2-Climb Test. The candidate for the Experienced Firefighter Eligibility List(hereinafter "Candidate")shall schedule a Ladder Climb Test to be administered by the Department. The Ladder Climb Test must be witnessed by a member of the Commission,and must adhere to the Ladder Climb Test that is required by candidate of the Experienced and Non-Experienced Eligibility Lists. The Ladder Climb Test is a pass/fail test. If a candidate passes the Ladder Climb Test,she/he shall be notified that the have passed the test and shall be eligible to advance to the oral interview step of the process. If the candidate fails the test,she/he will be notified of the result and will not be allowed to advance to the next step of the Experienced Firefighter Eligibility List process. The Department administration shall provide to the Commission,and to Human Resources Director,a list of the applicants passing the Ladder Climb Test.The Commission shall notify the Human Resources Director and the Department Administration of the interview schedule,and the Department Administration then shall contact the applicants to schedule the applicant's interview date and time. Step 3-Personal Interview. The Commission,with the assistance of the Local Union 558 Executive Committee and the Administration of the Jeffersonville Fire Department, shall establish panels to conduct personal interviews of eligible candidates. • The Commission, as a panel, shall conduct interviews of eligible candidates. The interviews shall be considered as examinations of the applicant's character,personal habits,and reputation as well as mental ability and general fitness of the applicant. To the extent a sub-committee of the Commission shall be appointed for the interview process, no less than three(3)members of the Commission shall be appointed,and each of the members of the sub-committee shall be required to be present at all interviews of each of the eligible Candidates. After the Commission's interviews,member(s)of the Jeffersonville Fire Department Administration and the Union Executive Committee shall conduct,as a panel of five (5) members, interviews of the eligible candidates.This panel shall consist of three(3)members from the Administration and two(2)members from the Local Union 558 Executive Committee. The interviews shall be considered examinations of the applicant's character,personal habits, and reputation as well as mental ability and general fitness of the applicant. As provided below,the interviews conducted by the Commission and the panel of the Administration and Local Union 558 Executive Committee shall be scored and weighted to establish an applicant's overall score;however,the scores from the Commission's interviews shall not be revealed to the Administration's and Union's panels until the final composite scores have been calculated. All testing materials, including but not limited to questions, shall remain confidential until the final composite scores are calculated. A. Candidates shall be asked a total of ten(10)questions. a B. Each question shall be graded on a scale of one(1)to nine(9),with the following score ranges: i. One(1)to Three(3)shall be INADEQUATE response; ii. Four(4)to Five(5)shall be considered a NEEDS IMPROVEMENT response; iii. Six(6)to Seven(7)shall be considered STATISFACTORY response; iv. Eight(8)to Nine(9)shall be considered EXCELLENT response. v. C. The Commission or sub-committee shall meet in executive session prior to the interview date in order to evaluate and select questions to be used during the interviews. D. The Testing Agency shall keep all scoring sheets for each applicant interviewed. E. Upon completion of each applicant's interview,the Testing Agency shall total the interview score and notate the total scores and provide the list to the Commission. Step 4-Special Composite Scored Adjustments. Upon determination of an applicant's averaged personal interview score,the Commission shall determine whether the applicant is eligible for a special composite score adjustment,as set forth in Rule and Procedure No. 1,Section V hereinabove. Step 5-Compilation of Cumulative Score. Compilation of cumulative scores shall be made by the Testing Agency. A. The applicant's average personal interview score shall be combined with any"special composite score adjustments"shall be totaled for each applicant. The new score will be the applicant's cumulative score. B. The Testing Agency the names of the applicants in order based upon the applicant's cumulative scores in rank from highest to lowest cumulative score. C. Upon verification of cumulative score list,the Commission certify the list as the Experienced Firefighter Eligibility List during its next open public meeting. D. The Commission shall provide a copy of the certified Firefighter Eligibility List to the Board of Public Works and Safety and to the Department of Human Resources. VI.EXPERIENCED APPLICANT ELIGIBILITY LIST A. The names of all applicants passing composite score shall be placed on an Experienced Applicant Eligibility List,reflecting the names according to score received,with the highest score listed first. This list will be certified by the Commission to the Board of Public Works and Safety and shall remain in effect for a period of two(2)years. Applicants on the list may have their names removed from the list by requesting such removal,in writing,to the Human Resources Department. B. Any applicant on the list not selected for appointment during the two(2)year period may reapply to inclusion on the next Applicant Eligibility List or Experienced Applicant Eligibility List,but meet qualifications stated in Rule 2.5 Section II. C. When a vacancy occurs within the Department,the Fire Chief will submit a written request to the Merit Commission requesting the next available name(s)from either the Experienced Applicant Eligibility List or the Applicant Eligibility List on the need of the Department. VII. PENSION BOARD REVIEW Applicants selected for appointment shall be referred to the Fire Pension Board,which shall direct the applicant to take a medical-physical examination and a psychological evaluation. On completion of this exam,the Fire Pension Board shall furnish the Commission with a certification of the applicant's eligibility for pension benefits. In addition,the Commission shall determine that the applicant is or good character at the time of the appointment. VIII.DELAYED APPOINTMENT In the event of an unforeseen circumstance that would cancel the vacancy,any applicant that has received a Conditional Offer of Employment shall be given first consideration for the next occurring vacancy,Pension Board medical-physical examination,and any other conditions outlined in the Conditional Offer of Employment. IX. PROBATIONARY EMPLOYMENT All appointments shall be probationary for a period of one year starting with the first date of actual service. If at any time during this period,upon recommendation of the Department,the Commission determines the conduct of capacity of a probationer is unsatisfactory,the Commission shall notify the probationer that the appointment will not be made permanent,whereupon the probationer's employment shall cease without right of appeal. The retention of a probationer beyond the expiration of the probationary period shall constitute a permanent appointment to the Department. X. REDUCTION IN FORCE AND REINSTATEMENT Reductions in force and reinstatement are to be made in accordance with the Jeffersonville Common Council Salary Ordinance and Indiana Law. XI. SOLICITATION Any applicant who personally or through another person solicits a member of the Commission to favor such applicant's appointment or reappointment shall thereby be rendered ineligible for all time for an appointment to the Department. The Commission shall determine the procedure for considering the allegation of such violation.