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HomeMy WebLinkAbout2026 Accumulation of all Rules and Amendments, into a clean, updated version JeffersonvilleFire Merit Commission Rules and Procedures RULE & PROCEDURE #1 APPLICANT OUALIFICATIONS PURPOSE: The Jeffersonville Fire Merit Commission's (hereinafter referred to as "Commission") purpose is to establish the qualifications necessary for an applicant to be considered for `appointment to the Fire Department and to establish the procedure for making applications to the City of Jeffersonville Fire Department (hereinafter referred to as "Department"). APPLICATION A. Application forms 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 necessary documents through the online portal maintained by the Human Resources Director. 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. B. 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 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. 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. 1 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. III. EDUCATIONAL REQUIREMENT 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. IV. RESIDENCE REQUIREMENT Within ninety (90) calendar days after appointment to the Department, each applicant must either reside within Clark County, an immediate contiguous Indiana county, or a county that is noncontiguous to the county in which the town is located but is not more than fifty (50) miles from the closest boundary of the City of Jeffersonville; must have adequate means of transportation to the city; and must maintain telephone service with the City. V. SPECIAL COMPOSITE SCORE ADJUSTMENTS The following qualifying individuals shall receive composite scores adjusted according to the formulas listed, under Indiana law: Veterans of U.S. Military service, honorably discharged, or active members of the U.S. military service in good standing (Composite Score)+ 2.5 = Adjusted Composite Score Children of police or firefighters who died in the line of duty (Composite Score) + 2.0 = Adjusted Composite Score 2 RULE & PROCEDURE #2 SELECTION OF APPLICANTS PURPOSE: To establish the procedure for selecting applicants to be appointed to the Jeffersonville Fire Department. REVIEW OF APPLICATIONS Applications received by the Commission, under Rule & Procedure #I, shall have a preliminary review to determine that all requirements of said procedure have been satisfied and no apparent disqualifying factors are present. Applicants not meeting the requirements outlined in Rule & Procedure #1 may be immediately disqualified. The remaining applicants will continue through the selection process outlined herein. However, the Commission reserves the right to disqualify an applicant at any point such applicant is determined unsuitable in the screening process. II. BACKGROUND INVESTIGATIONS During the applicant screening process, the Commission may make any investigations deemed appropriate in determining the applicant's character, personal habits, and reputation, as well as the mental ability and general fitness of the applicant. Each applicant not rejected in the completed screening process shall be fingerprinted and a personal background investigation shall be conducted as prescribed by the Commission. Fingerprints shall be forwarded to the Federal Bureau of Investigation and the Indiana State Police with subsequent reports being submitted to the Commission or its designee. The Commission reserves the right to make additional background investigations as deemed appropriate to confirm/reconfirm the qualifications of applicants. III. PERSONAL INTERVIEWS 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 he considered as examinations of the applicant's character, personal habits. and reputation as well as mental ability and general fitness of the applicant. After the Commission's interviews, member(s) of the Jeffersonville Fire Department 3 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. The panel or panels shall conduct no more than fifty (50) personal interviews of candidates who have scored a minimum of seventy percent (70%) on the General Aptitude Test. Candidates scoring less than seventy percent (70%) on the General Aptitude Test will not be considered for further interviews. If more than fifty (50) candidates achieve a score greater than seventy percent (70%), each panel will only interview the top fifty (50) candidates, and all other candidates will be eliminated from further consideration. except as provided in subsection B. B. In the event that more than fifty (50) candidates qualify to proceed to interviews due to tying scores on the written exam, the panels will interview all candidates with the top fifty (50) qualifying scores, even if this results in more than fifty (50) candidates proceeding to the interviews. C. The panels may divide the interview questions for candidates among multiple panels. D. In addition, in order to achieve diversity among members of the panels, each panel will strive to include at least one female and one racial minority. E. Candidates shall be assigned numbers to determine the order in which they shall be interviewed. The candidates shall have a structured oral interview before each of the panels. IV. GENERAL APTITUDE TEST Applicants shall be given a test to determine their general aptitude for service as a firefighter. The appropriate aptitude test and venue of test shall be determined by the Commission. 4 V. TESTING ASSISTANCE FOR APPLICANTS The Commission shall accommodate any applicant requiring assistance in the administration of the General Aptitude Test, Applicants requiring such assistance must notify the Commission in writing of such need ten (10) calendar days prior to the testing date. VI. APPLICANT RATING Each applicant shall be rated in each of the areas of examination. As outlined in Sections III and IV, and a composite of the rating shall determine the applicant's overall score. The composite score shall be determined by the following weighted factors: Personal Interview by the Commission: 30% Preliminary Interviews Conducted by Administration and Union Executive Committee: 30% General Aptitude 40% VII. APPLICANT ELIGIBILITY LIST A. An Applicant Eligibility List shall be established to reflect the names of individuals with the highest composite scores listed from highest to lowest score. 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 not more than two (2) years. However, a new list may not be certified prior to Two (2) years if there are any applicants remaining on the old list. Applicants on the list may have their names removed from the list by written request to the Commission. In addition, the Commission may at periodic intervals take appropriate action to determine whether applicants desire to remain on the Applicant Eligibility List. B. Any applicant on the Applicant Eligibility List not selected for appointment may reapply. Upon establishment of a new Applicant Eligibility List pre lists are null and void. C. When a vacancy occurs in the Department, the Commission, on receipt of a written request from the Chief of the Department, shall: 1) Provide the administration with the name(s) of the applicant(s) with the highest ranking on the Eligibility List. 2) The applicant shall provide the administration a copy of a current CPAT 5 (Candidate Physical Ability Test) certification and the administration shall verify that the certifications are current and valid. 3) Require the applicant to take the baseline state physical exam including a standardized drug and alcohol screen and baseline state mental exam required for acceptance by PERF. Failure of the applicant to pass either of these physical or mental exams in the opinion of the Local Pension Board will mean that the applicant has failed to meet the conditions of conditional offer of employment and will be eliminated from the hiring procedure and removed from the Applicant Eligibility List. Failure to pass the standardized drug and alcohol screen shall result in withdrawal of the offer of employment. The Commission will pay for the cost of the physical exam, mental exam and drug and alcohol screen. B. The Commission may require an updated background investigation prior to making a conditional offer of employment. VIII. PROBATIONARY EMPLOYMENT All appointments and re-appointments to the Department are to be made in accordance with Jeffersonville Common Council Salary Ordinance and Indiana law. All appointments are probationary for a period not to exceed one (1) year. If the Commission finds, upon the recommendation of the Department during the probationary period, that the conduct or capacity of the probationary member is not satisfactory, the Commission shall notify him/her in writing that he/she is being reprimanded, that he/she is being suspended, or that he/she will not receive a permanent appointment. If a member is notified that he/she will not receive a permanent appointment, his/her employment immediately ceases. Otherwise, at the expiration of the probationary period the member is considered regularly employed. IX. REDUCTION IN FORCE AND REINSTATEMENT Reductions in force and reinstatement are to be made in accordance with Jeffersonville Common Council Ordinance and Indiana law. If it is necessary for the City of Jeffersonville Common Council to reduce the number of members of the Department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the City, to the appropriate number of members. The last member appointed shall be put on leave first, with other members also put on leave in reverse hiring order, until the desired level is achieved. If the Department is increased in number again, the members of the Department who have been granted leaves of absences under this provision shall be offered reinstatement to the Department before an applicant on the eligibility list is appointed to the Department. The reinstatements shall begin with the last member granted leave. The member on leave shall keep the Commission advised of his/her current address. A member shall be informed of his/her reinstatement by written notice. Within ten 6 (10) calendar days after a member receives notice of reinstatement, he/she must advise the Commission that he/she accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon his/her failure to accept reinstatement within that period. X. SOLICITATION OF APPOINTMENT Any applicant who personally or through another person solicits a member of the Commission to favor such applicant's appointment or re-appointment may thereby be rendered ineligible for appointment to the Department. The Commission shall determine the procedure for considering the allegation of such solicitation. RULE & PROCEDURE #3 DISCIPLINE WITHIN THE FIRE DEPARTMENT DISCIPLINARY ACTIONS The Commission may take the following disciplinary actions against a regular member of the Department: A. Suspension with or without pay B. Demotion C. Dismissal from Department If a member is suspended from the Department by the Commission, that member is entitled to the member's remuneration and allowances for insurance benefits to which the member was entitled before the suspension. In addition, the City of Jeffersonville may provide the member's allowances for any other fringe benefits to which the member was entitled before the suspension. The Commission shall determine if a member of the Department who is suspended in excess of five (5) working days shall continue to receive the member's salary during suspension. (a working day is defined by statute as one (I) eight (8) hour shift). II. GROUNDS FOR DISCIPLINARY ACTIONS A member of the Department may be disciplined by the Commission, sua sponte, if: A. The member is convicted of a crime; or B. The Commission finds the member guilty of a breach of discipline, including: a. Neglect of duty; b. Violation of Commission rules; c. Neglect or disobedience of orders; 7 d. Continuing incapacity; e. Absence without leave; f. Conduct injurious to the public peace or welfare; g. Conduct unbecoming of a member; or h. Furnishing information to an applicant for appointment or promotion that gives that person an advantage over another applicant. III. REFERRAL FROM THE CHIEF OR CIVILIAN AND HEARING If the Chief of the Department, after an investigation within the Department, prefers charges against a member of the Department for an alleged breach of discipline under subsection II of Rule & Procedure# 3, including any civilian complaint of an alleged breach of discipline for conduct injurious to the public peace or welfare, or conduct unbecoming a member, a hearing shall be conducted upon the request of a member. If a hearing is requested within five (5) business days of the Chief preferring charges, the parties may by agreement designate a hearing officer who is qualified by education, training, or experience. If the parties do not agree within five (5) day period, the Commission may hold the hearing or shall designate a person or board to conduct the hearing. The designated person or board must be qualified by education, training, or experience to conduct such a hearing and may not hold an upper level policy making position. The hearing conducted shall be held within thirty (30) calendar days after it is requested by the member. Notice of Hearing. Written notice of the hearing shall be served upon the accused member in person or by copy left at the member's last and usual place of residence at least fourteen (14) calendar days before the date set for the hearing. The notice must state: (1) the time and place of the hearing; (2) the charges against the member; (3) the specified conduct that comprises the charges; (4) that the member is entitled to be represented by counsel or another representative of the member's choice; (5) that the member is entitled to call and cross-examine witnesses; (6) that the member is entitled to require the production of evidence; and (7) that the member is entitled to have subpoenas issued, served, and executed. The Commission may compel the attendance of witnesses by issuing subpoenas, examine witnesses under oath, and order the production of books, papers, and other evidence y issuing subpoenas. If a witness refuses to appear at a hearing of the Commission after having received written notice requiring the witness's attendance or refuses to produce evidence that the Commission requests by written notice, the Commission may file an affidavit in the Circuit Court of Clark County setting forth the facts of the refusal. Upon the filing 8 of the affidavit, a summons shall be issued from the Circuit Court and served by the Sheriff of Clark County requiring the appearance of the witness or the production of information or evidence to the Commission. Disobedience of a summons constitutes contempt of the Circuit Court from which the summons has been issued. Expenses related to filing of an affidavit and the issuance and service of a summons shall be charged to the witness against whom the summons has been issued, unless the Circuit Court finds that the action of the witness was taken in good-faith and with reasonable cause. In that case, and in any case in which an affidavit has been filed without the issuance of a summons, the expenses shall be charged to the Commission. IV. STANDARD AND REQUISITES A decision to discipline a member may be made only if the preponderance of the evidence presented at the hearing indicates such a course of action. V. APPEAL TO COMMISSION A member who is aggrieved by a decision of a person or board designated to conduct a disciplinary hearing after a referral from the Chief may appeal to the Commission within ten (10) calendar days of the decision. The Commission shall on appeal review the record and either affirm, modify, or reverse the decision on the basis of the record and such oral or written testimony that the Commission determines, including additional or newly discovered evidence. The Commission, or the designated person or board, shall keep a record of the proceedings in cases of suspension, demotion, or dismissal. The Commission shall give a free copy of the transcript to the member upon request if an appeal is filed. VI. APPEAL TO COURT A member who is aggrieved by a decision of the Commission to suspend him/her for a period of greater than ten (10) calendar days, demote him/her, or dismiss him/her may appeal to the Circuit or Superior Court of Clark County, Indiana. Said appeal shall be done in accordance with the Indiana Code. VII. SUMMARY DISCIPLINARY ACTIONS In addition to the disciplinary powers of the Commission, the Chief of the Department, may without a hearing, reprimand or suspend without pay a member, for a maximum of five (5) working days. For purposes of disciplinary actions, a working day constitutes one (I) eight (8) hour shift for administration and one (I) eight (8) hour shift for online personnel. If the Chief reprimands a member in writing or suspends the member, he shall, within forty-eight (48) hours, notify the Commission in writing of the action and the 9 reasons for the action. A member who is reprimanded in writing or suspended under this subsection may, within forty-eight (48) hours after receiving notice of the reprimand or suspension, request in writing that the Commission review the reprimand or suspension and either uphold or reverse the Chiefs decision. At its discretion, the Commission may hold a hearing during this review. If the Commission holds a hearing, written notice must be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The notice must contain the information listed under subsection III of this Rule & Procedure. Pursuant to Indiana Code, if the decision is reversed by the Commission, the individual who was suspended is entitled to any wages withheld as a result of suspension. RULE & PROCEDURE #4 PERFORMANCE RATINGS PURPOSE: To provide the procedures for rating the performance of Firefighters in the Fire Department. RATING SYSTEM RESPONSIBILITIES A. A performance rating system for the Fire Department shall be adopted by the Jeffersonville Fire Merit Commission. B. All Firefighters shall be rated by one (1) or more of their superiors, as assigned by the Chief of the Department. The Commission shall provide the Chief of the Department with a Performance Rating Evaluation form for each assigned superior to complete on the evaluated firefighter. C. RATING FREQUENCY All firefighters shall receive a performance rating once every six (6) months. Probationary members shall be rated in the same manner as other members of the Department. D. RATING ENDORSEMENTS Each firefighter must sign and receive a copy of each performance rating done on his/her behalf. A copy of the rating shall be submitted to the Chief of the Department and kept on file in his office under his supervision and become part of the Firefighter's personnel file. Said ratings shall be made available to the Commission upon written request. E. RIGHT OF APPEAL Any officer who is aggrieved by his/her rating. The appeal must be submitted to the Fire Merit Commission in writing within ten (10) calendar days after notice of rating 10 has been given to the Firefighter. The Commission shall hold a hearing and may either affirm or charge the said rating upon written findings. RULE & PROCEDURE #5 PROMOTION WITHIN THE FIRE DEPARTMENT PURPOSE: To establish the requirements for promotion of officers within the Fire Department, Promotions shall be based upon competitive examinations, past performance and seniority. RANKS AFFECTED When a vacancy in rank occurs, the Commission shall certify to the Chief of the Department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the Commission, upon the recommendation of the Chief, shall promote one (1) of those members to fill the vacant position. All promotions to any rank shall be from the next immediate lower rank. Promotion appointment shall be governed by the rules and procedures in effect thirty (30) calendar days prior to the date the vacancy occurs. II. PROMOTION EXAMINATIONS A. PROMOTION EXAMINATION ELIGIBILITY Firefighters will be eligible to take the promotion examinations for specific ranks as follows: 1. Firefighters testing for Sergeant must have served four(4) years in the Department, meaning one (1) year as a probationary member and three (3) years as a member of the Department, within the calendar year of examination and complete all the educational requirements for said grade or rank for promotional testing as specified below, before the promotion application deadline; 2. Firefighters testing for Lieutenant must have served eight(8) years in the Department and two (2) years at the grade of Sergeant within the calendar year of examination and complete all the educational requirements for said grade or rank for promotional testing as specified below, before the promotion application deadline; 3. Firefighters testing for Captain must have served twelve (12) years in the Department and two (2) years at the grade of Lieutenant within the calendar year of examination and complete all the educational requirements for said grade or rank for promotional testing as specified below, before the promotion application deadline; and 4. Firefighters testing for Battalion Chief must have served sixteen (16) years in the Department and two (2) years at the grade of Captain within the calendar year of examination and complete all the educational requirements for said grade or tank for promotional testing as specified below, before the promotion application deadline. 11 Sergeant • Mandatory/Basic Firefighter Certification • Firefighter I/II (Sids, Blood Borne Pathogens, Autisim Awareness) • Ha7-Mat Awareness • Haz-Mat Operatons • CPR Certification • NIMS 100,200,700,800 • Technical Rescue Awareness • Rope Rescue Operations • Completion of JFD Driver Certification Program (if hired after 1/1/2012) • Fire Officer Strategy and Tactics • Driver Operator Pumper Lieutenant • Achievement of all requirements of a Sergeant • Fire Officer I Captain • Achievement of all requirements of a Lieutenant • Incident Safety Officer (State of NFA) • NIMS 300 • Must have completed one(1) or more of the following certifications: o Confined Space Technician o Haz-Mat Technician o Instructor II, III o Swift Water Operations o Vehicle Machinery Technician o Rope Technician Battalion Chief • Achievement of all requirements of Captain • Fire Officer II • NIMS 400 (Grandfather Clause) Members with '`Master" certified courses equivalent to present course standards shall receive credit for previous certifications upon validation by the commission. A firefighter under suspension and /or pending hearing, or under appeal from a hearing, may attend any promotion school and take any promotion examination. B. NOTIFICATION OF PROMOTION EXAMINATIONS Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the member eligible to take the examination must be notified of the written materials from which the questions will be taken. The Commission, at its discretion, may employ instructors, purchase materials, and make other expenditures to provide information for applicants for promotion examinations. The Commission 12 shall set all appropriate testing dates in order to give promotional examinations for each rank. Notice of all examinations with respect to type and date shall be posted on Department bulletin boards thirty (30) calendar days prior to the date of examination. C. TYPES OF EXAMINATIONS Promotional examinations for the appropriate ranks will be conducted using formats which will include the following: 1. A written test. Scoring for this examination shall be curved and equated to one hundred percent (100%) of the top scorer.* The identity of a member taking the written examination shall be withheld from the person or persons grading the examinations, and all written examinations are confidential. The Commission shall notify each member in writing of the score that the member received on the examination. The score received by a member on the written examination becomes a part of the permanent file of the member, and the member is entitled to access to this file for examination at any reasonable time. The examination papers shall be kept under the Commission's supervision. * Scores for the written test will be curved so that the highest score obtained on the written examination will be adjusted to represent 100%. Each score will then be converted to a percentage of the highest score to obtain the adjusted score. Candidates must achieve an adjusted score of at least 70% on the test to be eligible for promotion. 2. An oral interview by the Commission. Scoring for this examination shall be equated to one hundred percent (100%) for a perfect score. Examination papers shall be retired after the two (2) year period during which the eligibility list is valid. The retired papers shall be kept by the Commission for five (5) years thereafter and then destroyed. D. APPEALS TO EXAMINATION SCORING Any Firefighter aggrieved with the score received in the written or oral examinations may appeal in writing to the Commission or its designee within ten (10) Calendar days of receiving notification of his/her exam scores. The aggrieved member may review the questions incorrectly answered by him/her 13 and challenge the answer considered correct by the examiner. The Commission shall either affirm the score or correct the score according to the findings of a review. E. CORRECTIONS OF SCORING ERRORS All scoring errors shall be corrected as quickly as possible regardless of appeal. F. PAST PEFORMANCE RATING A performance rating must be made at least once every six (6) months for member of the Department, including probationary members. The performance ratings shall be made by one (1) or more of the member's superiors, as designated and assigned by the Chief of the Department. Probationary members shall be rated in the same manner as other members of the Department. The ratings shall be submitted to the Chief of the Department and kept on file in his office under his supervision. The Chief shall notify each member in writing of the rating that the member received. Upon request by the Commission, the Chief shall supply the Commission with the performance rating results for any member of the Department. The performance record of the Firefighter shall be considered as ten percent (10%) of the overall promotional rating. This record will include the past performance ratings and physical fitness test results subsequent to the establishment of the previous eligibility list. All Firefighters shall receive an equal past performance rating during the establishment of the first eligibility list only, or when the Commission determines that equity and fairness demands it because of a change in the past performance rating system adopted by the Jeffersonville Fire Department Merit Commission. New past performance rating systems cannot be adopted more frequently than once every two (2) years. A member who is aggrieved with the performance rating given to him by his/her superior may appeal to the Commission for a review of the rating. The appeal must be filed within ten (I 0) calendar days after notice of the rating has been sent to him by the Chief. The Commission shall either correct or affirm the rating. G. SENIORITY For each calendar year of service in the Jeffersonville Fire Department., the candidate for promotion shall receive credit towards the maximum twenty percent (20%) possible credit in the twenty percent (20%) seniority composite score. Candidates testing for Sergeant shall receive one percent (1%) credit per year of service. Candidates testing for Lieutenant shall receive three-quarters percent (0.75%) credit per year of service. 14 Candidates testing for Captain and Battalion Chief shall receive one-half percent (0.5%) credit per year of service. H. PROMOTION ELIGIBILITY LIST A Promotion Eligibility List for each promoted rank will be established by weighted composite scoring of the competitive promotion examinations, past performance, and seniority as summarized below: a. Written Exam 20% b. Tactical Assessment 30% c. Oral Interview 20% d. Seniority 20% e. Performance Record 10% The Promotional Eligibility List for a position consists of members who have been placed on the list in order of their cumulative score on all rating factors. The eligibility list shall be maintained for two (2) years from the date of certification, after which time the list shall be retired and a new list established. The retired list shall be kept for five (5) years and then destroyed. Only members who are qualified in rank and length of service may be given the competitive examinations and placed on the eligibility list. I. PROBATIONARY PROMOTION All promotions are probationary for a period not to exceed one (1) year. At the end of the period, a probationary member's superior, as designated and assigned by the Chief of the Department, shall review the member's performance and recommend to the Commission that: (1) the promotion be made permanent; or (2) the promotion be revoked. The Commission shall provide a rating chart for the superior's use in making the report. The Commission shall review the report and decide what action should be taken. The probationary member is entitled to appear before the Commission and be heard on any matter detrimental to him or her in the superior's report. The member is also entitled to be represented by counsel or another representative of his/her choice. If the promotion is finally revoked the member may not be returned to a rank lower than that he/she held before the probationary promotion. Action by the Commission other than making the promotion permanent may be appealed within thirty (30) calendar days to the Circuit or Superior Court of Clark County, with the City of Jeffersonville being named as the sole defendant. J. THE EFFECT OF DISCIPLINARY ACTION UPON A PROBATIONARY MEMBER 15 The Commission shall reserve the right to revoke the probationary status of any member subjected to Departmental disciplinary actions. Any probationary Firefighter whose rank has been revoked shall have his/her name removed from the Promotion Eligibility List and shall be ineligible to test for promotion for a period of two (2)years. K. RIGHT TO REFUSE PROMOTION A Firefighter, when offered a promotion, may refuse to accept the promotion by writing a letter of refusal to the Commission within ten (I 0) calendar days after being notified of his/her promotion. In the event a Firefighter refuses a promotion, that Firefighter's position on the eligibility list shall be adjusted and that Firefighter shall be placed in the last position on the promotion eligibility list unless a successful appeal is made to the Jeffersonville Fire Department Merit Commission that the refusal is made for a currently valid reason. RULE & PROCEDURE #6 ANNUAL BUDGET PURPOSE: To establish responsibilities and procedures for the preparation and presentation of an annual budget of the Commission. PREPARATION AND APPROPRIATION In accordance with the Jeffersonville Common Council Ordinances and Resolutions, the Commission shall submit a proposed budget to the City as other budgets of the City are submitted. RULE & PROCEDURE #7 CONDUCT OF COMMISSION MEETINGS MEETING DATES & LOCATION In its December meeting in any calendar year, the Commission shall determine the time and place for its monthly meetings for the following year. The Commission shall have the right to schedule additional meetings as deemed necessary to conduct its business. II. ELECTION OF COMMISSION OFFICERS In its first January meeting in any calendar year, the Commission shall elect from its members a President, Vice-President, and Secretary; said office holders take the office on January 1 of the following year; who shall hold said office the entire calendar year or until resignation, removal, or a replacement is chosen. 16 III. ELECTRONIC MEETING POLICY The City of Jeffersonville Fire Merit Commission, Indiana, authorizes participation in all meetings by electronic means on the following terms: SUBSECTION A. (a) The provisions of the Act, including definitions, apply to this Amendment. • (b) This Amendment shall be known as the "Electronic Meetings Policy" of the City of Jeffersonville Fire Merit Commission, and applies to the City of Jeffersonville Fire Merit Commission. SUBSECTION B. (a) Subject to Subsections 3 and 5, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and(ii) other than meeting that is an executive session allows the public to simultaneously attend and observe the meeting. (b)A member who participates by an electronic means of communication (i) Shall be considered present for the purposes of establishing a quorum; and may participate in final action only if the member can be seen and heard. (c)All votes taken during a meeting at which at least one(1) member participates by an electronic means of communication must be taken by roll call vote. I SUBSECTION C. (a) At least fifty percent (50%) of the members must be physically present at a meeting at which a member will participate by means of electronic communication. Not more than fifty percent (50%) of the members may participate by an electronic means of communication at that same meeting. (b)A member may not attend more than fifty percent(50%) of the Board of Commissioner's meetings in a calendar year remotely utilizing electronic communication unless such remote participation is due to: (1) military service ; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. 17 (c)A member may attend. Two (2) consecutive meetings ( a "set of meetings") by electronic communication. A member must attend in person at least one (1) meeting between sets of meetings that the member attends by electronic communication unless the member's absence is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. SUBSECTION D. The minutes or memoranda of a meeting at which any member participates by electronic means of communication must: (1) identify each member who: (A)was physically present at the meeting; (B)participated in the meeting by electronic means of communication; and (C)was absent; and (2) identify the electronic means of communication by which: (A)members participated in the meeting; and (B)members of the public attended and observed the meeting if the meeting was not an executive session. SUBSECTION E. No member of the City of Jeffersonville Fire Merit Commission may participate through electronic communication in a meeting at which the City of Jeffersonville Fire Merit Commission may take final action to: (1) adopt a budget; (2) reduce personnel; (3) initiate a referendum; (4) impose or increase a fee; (5) impose or increase a penalty; (6) exercise any of the County's powers of eminent domain; or (7) establish, impose, raise, or renew a tax. SUBSECTION F. (a) If an emergency is declared by: (1) the governor under Indiana Code § 10-14-3-12; or (2) the Mayor under Indiana Code§ 10-14-3-29; members are not required to be physically present for a meeting until the 18 r emergency is terminated. (b) Members may participate in a meeting by any means of communication provided that: (1) At least a quorum of the members participate in the meeting by means of electronic communication or in person; (2) The public may simultaneously attend and observe the meeting unless the meeting is an executive session; and (3) The minutes or memoranda of the meeting must comply with Section 4 of this resolution. (c) All votes taken during a meeting at which at least one member participates by electronic means of communication must be taken by roll call vote. SUBSECTION G. Except in the case of a meeting called to deal with an emergency pursuant to Indiana Code § 5-14-1.5-5(d), a member who plans to attend a meeting by any electronic means of communication shall notify the presiding officer within forty-eight (48) hours of the meeting time, so that arrangements may be made for the member's participation by electronic communication. SUBSECTION H. Staff members may participate electronically in all meetings, including those listed in Subsection 5 which are meetings members of the City of Jeffersonville Fire Merit Commission, must attend in person, provided there is no actual need for a staff member to be physically present at a particular meeting. Such need shall be determined at the sole discretion of the President of the City of Jeffersonville Fire Merit Commission, unless a majority of the City of Jeffersonville Fire Merit Commission vote to require a staff member to attend a particular meeting. 19 City of Jeffersonville Fire Merit Commission Rules& Procedures RULE & PROCEDURE #8 RULES. AMENDMENT & PRINTING I. BEFORE THE ADOPTION OF RULES AND PROCEDURES THE COMMISSION SHALL: A. Hold a public hearing pursuant to the Indiana Code to consider the adoption of the proposed rules and procedures. B. Provide public notice of at least ten (I 0) calendar days prior to the public hearing. C. Place one copy of the proposed rules and procedures on file in the office of the clerk- treasurer for public inspection at least ten (10) calendar days before the public hearing. D. Require the Chief to post a copy of the proposed rules and procedures in a prominent location throughout each fire state for inspection by the officers at least ten (I 0) calendar days before the public hearing. E. Consider any oral or written evidence regarding the proposed rules and procedures that may be presented at the public hearing by an interested person. APPROVED and ADOPTED by the City of Jeffersonville Fire Department Merit Commission this 2nd day of 1q pr1 I 2026. /72.2/(%).%/ Troy McCormick, President. City of Jeffersonville Fire Department Merit Commission Attest: i 161 T.A. Spalding, Vice Presi nt City of Jeffersonville Fire Department 20