§ 33.04  FIREFIGHTER HIRING PROCEDURES.
   (A)   Examination process.
      (1)   Application for examination. An applicant for original appointment in the Fire Department shall sign and complete a sworn application on a form to be prescribed by the City Manager or his or her appointee. The application shall be filed with the Clerk of the Board of Examiners or with another appropriately designated clerk.
      (2)   Written examination date. Each applicant for original appointment to the Fire Department shall take a written examination which provides an indication of the applicant’s qualifications to be a Fire Department recruit. Whenever sufficient applications are on file, or whenever in the discretion of the appointing authority an examination should be held, the appointing authority shall, after consultation with the Board of Examiners, designate in writing to the Board of Examiners, a date, time and place of examination. The appointing authority shall cause the Clerk of the Board of Examiners to notify, in writing, each applicant whose application is on file, of the date, time and place of examination.
      (3)   Eligibility requirements. At all examinations, applicants for original appointment to the Fire Department who have filed their applications not less than five days prior to the examination shall be eligible for examination, but this requirement may be waived at the discretion of the Chairperson of the Board for good cause shown. In addition to having filed an application, applicants must meet the following prerequisite requirements for employment with the Fire Department:
         (a)   Be at least 21 years of age, as evidenced by a birth certificate presented;
         (b)   Be a citizen of the United States;
         (c)   Be an orderly, law-abiding citizen with no prior felony convictions;
         (d)   Be a person of sobriety and integrity;
         (e)   Be able to read, write and understand the English language;
         (f)   Be a high school graduate or possess a high school equivalency diploma;
         (g)   Have a valid state motor vehicle operator’s license; and
         (h)   Not have had an EMT license revoked in another state.
      (4)   Required passing score. An applicant must attain a minimum score of 75 or higher before he or she will be deemed to have passed the written examination and be eligible for the oral interview. Applicants not obtaining a score of 75 or above will be notified by mail. All applicants will be given an opportunity to review their own tests and scores, but the grade of any applicant shall not be disclosed to any other person, unless so legally authorized by the applicant.
      (5)   Oral interview. Applicants for original appointment to the Fire Department shall be subject to an oral interview which provides an indication of the applicant’s qualifications to be a Fire Department recruit. The oral interview will be conducted after the above mentioned written examination has been administered. An applicant’s written examination score determines the applicant’s eligibility for an interview and applicants with the highest scores will be interviewed first. If the applicant fails to appear for his or her interview after due notice has been given, he or she shall be deemed to have withdrawn his or her application.
   (B)   Grading of examinations; eligibility list.
      (1)   Scoring. The written examination and oral interview shall be given on a competitive basis. Each testing component is scored and assigned a weight to be used in determining the applicants overall score and placement on the eligibility list. The relative weight of the written examination is 50% and the relative weight of the oral interview is 50%. The two grades will be combined and totaled and the applicant will be rated on a scale of 100 for the maximum possible attainment.
      (2)   Ranking. An applicant’s overall combined score determines his or her rank on the eligibility list. After it has been determined which applicants have passed the tests, the Board shall rank all applicants obtaining a score of 75 or above. In the case of any ties, the applicants are ranked by date of application, with the earlier applicant being placed ahead of others with the same score.
      (3)   Certification and effectiveness. The ranked list, including the applicant’s name and grade, shall be certified by the Board that all names thereon are eligible, in order of their rank, for probationary appointment to the Fire Department. The certified eligibility list will be sent to the City Manager and copied to the City Commission. The date on which the list is signed by the Board shall be the determining date. The eligibility list shall remain effective for 24 months after it has been certified and presented to the appointing authority or until the City Manager or his designee, in his or her discretion, determines that a new eligibility list should be created.
      (4)   Removal from list.
         (a)   In case the Board of Examiners or the appointing authority has reason to believe that any applicant whose name is on an eligibility list should be removed therefrom on account of incapacity developed subsequent to their examination, or fraud, or for false statement on their part, in connection with their application or examination, misconduct of any kind evidencing unfitness or lack of loyalty or lack of capacity for proper discipline, the appointing authority may give such applicant notice to show cause before the Board of Examiners why his or her name should not be dropped from the list.
         (b)   Each applicant at the time of his or her application, and thereafter on any change of address, shall furnish an address to which any and all notices shall be sent to him or her. A delivery or a mailing of any notice addressed to the applicant at such address shall be deemed sufficient notice.
         (c)   The applicant shall be given an opportunity to be heard before the Board of Examiners. If the applicant fails to appear for a hearing or fails to show cause to the Board of Examiners that his or her name should be retained, his or her name shall thereupon be removed from the eligibility list.
         (d)   If the applicant raises an objection to a matter on the objective portion of the testing procedure, the Board may refer the matter to the provider of the test or the Fire Chief for an opinion as to the objection.
      (C)   Appointments from eligibility list.
         (1)   In making appointments from the eligibility list, applicants shall be considered in order of their average grade rank unless substantiated reason exists to do otherwise. Hiring of applicants with specialized skills or training shall constitute a substantiated reason.
         (2)   Prior to an offer of employment for the position of firefighter, applicants must satisfy the following additional requirements:
            (a)   Take and pass the standardized Candidate Physical Ability Test (CPAT);
            (b)   Take and pass a psychological suitability screener examination and, if necessary, any additional psychological examination performed by a licensed psychologist;
            (c)   Submit to and pass an investigation of character, which may include investigation into criminal background, educational background, past employment history, personal background, credit standing and any other relative information discovered during the course of investigation which might relate to the applicant’s qualifications;
            (d)   Undergo and successfully complete thorough medical examinations, which may include physical and drug testing; and
            (e)   Possess a State Emergency Medical Technician Basic (EMT-B) certification or National Registry of Emergency Medical Technicians Basic (NREMT-B) certification.
         (3)   The order of the tests shall be determined by the Department. These tests and evaluations shall be conducted and under the control of the hiring department. The costs of these tests shall be paid by the city.
         (4)   The report of the Fire Chief shall be made to the Mayor and Board of Commissioners and shall be given due consideration before the original appointment of the applicant is made.
   (D)   Appointees; probationary period; disciplinary action; powers and duties.
      (1)   All appointments from the Fire Department eligibility list shall be for an initial probationary period of one year. During the one year probationary period, the candidate shall be an appointee to the Fire Department. No appointee shall be deemed a member of the Fire Department until the appointee has satisfactorily served the one-year probationary period. After successfully completing one year of service, the appointee shall become a permanent member of the Fire Department and, therefore, a member of the Fire Department entitled to the procedures of KRS 95.450.
      (2)   Until the one year probationary period has elapsed, the appointment shall be conditional, at the discretion of the Fire Chief. As such, the appointee shall not be entitled to the discipline procedures of KRS 95.450. At any time during the appointee’s probationary period, he or she may be summarily removed by the Fire Chief.
      (3)   Notwithstanding the foregoing, an appointee to the Fire Department during the applicable probationary period shall have the powers and duties of a member of the Fire Department.
   (E)   Residency. The residency of firefighters is governed by the working agreement between the city and IAFF Local No. 38.
   (F)   Reappointment after separation.
      (1)   Any person who has successfully completed his or her probationary period and subsequently ceased working for the Fire Department, for reasons other than dismissal, may be re-employed with the Fire Department if the person requests reappointment, in writing, to the Fire Chief. The person shall be eligible for reinstatement for a period of one year following his or her separation from the Fire Department, and shall be reinstated only:
         (a)   With the approval of the appointing authority;
         (b)   Upon favorable recommendation of the Fire Chief and City Manager or his or her designee; and
         (c)   Upon the successful completion of all standard prevailing pre-employment examinations, with the exception of the written and oral examinations.
      (2)   The intent of this division (F) is to permit the city to re-employ a qualified, trained firefighter without utilizing the eligibility list utilized in initial appointments.
   (G)   Lateral transfer of qualified firefighters.
      (1)   The city may employ any qualified firefighter by lateral entry to the Fire Department at the Fire Chief’s discretion.
      (2)   Applicants for employment through lateral transfer must satisfy the provisions of the current working agreement between the city and IAFF Local No. 38.
      (3)   The intent of this division (G) is to permit the city to employ a qualified, trained firefighter without utilizing the eligibility list utilized in initial appointments.
(1984 Code, § 33.04)  (Ord. O-28-17, passed 11-28-2017)