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HomeMy WebLinkAboutRules & ProceduresCity of Jeffersonville Fire Merit Commission Rules & Procedures Jeffersonville Fire Merit Commission Rules and Procedures RULE & PROCEDURE#1 APPLICANT QUALIFICATIONS 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 application to the City of Jeffersonville Fire Department (hereinafter referred to as "Department"). I. APPLICATION A. Application forms for appointment to the Department may on be obtained from City Hall at the Jeffersonville Human Resources Office. Completed applications must; be submitted together with any necessary documents directly to the Human Resources Director. Ali information requested in the application must be completed to the best of the applicant's knowledge and belief. Any omission or misrepresentations may render the applicant ineligible for a position the Department. B. Completed applications will be accepted during a 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 in order 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 American and an Indiana resident. 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 have been charged of any felony of any kind or misdemeanor convictions which show a propensity for violence or to break the law. City of Jeffersonville Fire Merit Commission Rules & Procedures E. Must be of good moral character. 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 aschool-certified copy of their transcripts. Applicants having passed a state accredited G.E.D. test and subsequently receiving 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) days after appointment to the Department, each applicant must either reside within Clark County or an immediate contiguous Indiana county; 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, pursuant to Indiana law: Veterans of U.S. Military Service who have been honorably discharged (Composite Score) X 1.030=Adjusted Composite Score Children of police officers or firefighters who died in the line of duty (Composite Score) x 1.015=Adjusted Composite Score. RULE AND PROCEDURE #2 SELECTION OF APPLICANTS PURPOSE: To establish the procedure for selection of applicants to be appointed to the Jeffersonville Fire Department. 2 City of Jeffersonville Fire Merit Commission Rules & Procedures I. REVIEW OF APPLICATIONS Applications received by the Commission, in accordance with Rule & Procedure #1, 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 set forth 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 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 After completion of the background investigation, the Commission shall conduct one or more personal interviews which shall be considered as examinations of the applicant's character, personal habits, and reputation as well as the mental ability and general fitness of the applicant. 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. 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 3 City of Jeffersonville Fire Merit Commission Rules & Procedures must notify the Commission in writing of such need ten (10) days prior to the testing date. VI. APPLICANT RATING Each applicant shall be rated in each of the azeas 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 70% General Aptitude 30% Those applicants scoring below seventy percent (70%) on the general Aptitude Test shall be eliminated from further consideration. VII. APPLICANT ELIGIBILITY LIST A. An Applicant Eligibility List shall reflect the names of up to thirty (30) individuals with the highest composite scores of the Personal Interview listed from highest to lowest score. This list will be certified by the Commission to the Board of Public Works & 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 aze 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 Applicants Eligibility List not selected for appointment may reapply. Upon establishment of a new Applicant Eligibility List prior 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: Provide for the administration of the Physical Agility Test to the applicant(s) with the highest ranking on the Applicant Eligibility List. 2. The physical agility test shall reflect the essential functions of the job of a firefighter and, at a minimum, include testing of the following: a. Fear of heights (acrophobia); b. Fear of confinement (claustrophobia); 4 City of Jeffersonville Fire Merit Commission Rules & Procedures c. Muscular strength; d. Musculaz endurance; e. Cardiovascular endurance; f. Musculoskeletal flexibility; and g. Balance. 3. Prior to administration of the Physical Agility Test, require applicant to submit to the Commission written authorization from a physician of the applicant's choice attesting to the applicant's ability to participate in the Physical Agility Test. 'The applicant shall pay the entire cost of any examinations required by the physician. 4. 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 Baard 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 standazdized drug and alcohol screen shall result in withdrawal of the offer of employment. The Commission will pay for half (1/2) of the cost of the physical exam, mental exam and drug and alcohol screen. D. 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 aze probationary for a period not to exceed one (1) year. If the Commission fords, 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 regulazly employed. City of Jeffersonville Fire Merit Commission Rules & Procedures XI. 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 fmancial 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 (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. XII. 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 shalt determine the procedure for considering the allegation of such solicitation. RULE & PROCEDURE #3 DISCIPLINE WITHIN THE FIRE DEPARTMENT I. 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 6 City of Jeffersonville Fire Merit Commission Rules & Procedures 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 (S) days shall continue to receive the member's salary during suspension. 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; d. Continuing Incapacity; e. Absence without leave; f. Immoral Conduct; g. Conduct injurious to the public peace or welfare; h. Conduct unbecoming a member; or i. Furnishing information to an applicant for appointment or promotion that give that person an advantage over another applicant. III. REFERRAL FROM 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 8c Procedure #3, including any civilian complaint of an alleged breach of discipline for Immoral Conduct, Conduct injurious to the public peace or welfaze, or Conduct unbecoming a member, a hearing shall be conducted upon the request of the member. If a hearing is requested within five (5) 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 this five (5) day period, the Commission may hold the hearing or shall designate a person or boazd 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) days after it is requested by the member 7 City of Jeffersonville Fire Merit Commission Rules & Procedures Notice o,~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) 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 specific conduct that compromises 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 by 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 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 the 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) 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. 8 City of Jeffersonville Fire Merit Commission Rules & Procedures 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 greater than ten (1Q) 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, including a fire alarm operator, far a maximum of five (5) working days. For purposes of this subsection, eight (8) hours of paid time constitutes one (1) working day. 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 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 Chief 5 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 far the hearing. The notice must contain the information listed under subsection III of this Rule & Procedure. Pursuant to the 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 the suspension. RULE & PROCEDURE #4 PERFORMANCE RATINGS PURPOSE: To provide the procedures for rating the performance of Firefighters in the Fire Department. I. RATING SYSTEM RESOPNSIBILITIES A. A performance rating system for the Fire Department shall be adopted by the Jeffersonville Fire Merit Commission. 9 City of Jeffersonville Fire Merit Commission Rules & Procedures B. All Firefighters shall be rated by one (1) or mare 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 firefighter who is aggrieved by his/her rating may appeal to the Fire Merit Commission. The appeal must be submitted to the Fire Merit Commission in writing within ten (10) days after notice of rating 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. I. 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 (i) 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) days prior to the date the vacancy occurs. 10