§ 35.39 QUALIFICATIONS OF APPLICANTS; PROBATIONARY PERIOD FOR FIRE DEPARTMENT.
   (A)   General.
      (1)   All applicants for appointment as members of the city’s Fire Department shall:
         (a)   Be a citizen of the United States;
         (b)   Be at least of the 18 years of age for the position sought;
         (c)   Possess a valid Kentucky operator’s license prior to employment;
         (d)   Be an orderly law-abiding citizen of sobriety and integrity;
         (e)   Be able to read, write and understand the English language;
         (f)   Not have been convicted of a felony;
         (g)   Possess a high school diploma or the equivalent thereof;
         (h)   Be free of any physical, mental or emotional defects that would prevent the performance of his or her duties as a firefighter, and successfully meet all physical standards and requirements of the Fire Department, and any higher education requirements which might later be imposed by the Department;
         (i)   Meet all requirements of the commonwealth’s Fire Commission, meet KRS 95A.230 or any other standards of any other state agency adopted by the Fire Department;
         (j)   Be required to undergo and successfully pass any psychological tests, emotional tests, physical tests and/or any other such suitability screeners as may be approved and/or required by the state and/or the Civil Service Commission in order to determine the psychological, emotional and physical suitability of any applicant for the position of firefighter; and
         (k)   Successfully pass, to the satisfaction of the Department a background investigation that demonstrates that the applicant is free from any personal problems that would tend to render him or her unfit to be a representative of the Fire Department. The applicant shall, if requested, sign a consent form allowing a duly authorized representative of the Fire Department to talk to any person or corporation concerning the applicants’ fitness for the position.
      (2)   All applicants shall complete an application form approved by the Commission, and shall return same to Human Resources Office or the office of the Fire Chief.
      (3)   All examinations shall be on forms furnished and graded by the Commission, testing company or agent employed by the Commission.
      (4)   As part of the qualification procedure for firefighter, applicants will be placed on a probationary status for a period of one year from their date of hire. (See KRS 95.762(5).) The purpose of the period of probation is to provide the Fire Chief and Mayor reasonable opportunity to evaluate the appointee as to his or her ability to perform assigned duties, to learn proper fire procedures, to accept and respond to supervision and to conduct themselves properly as a firefighter in contact with the public. The probationary period shall be regarded as an intrinsic part of the process and shall be utilized for closely observing the employee’s work for securing the most effective adjustment of a new employee to his/her position, and the elimination of any probationary employee whose performance does not meet the required standard of work.
      (5)   During the probation period, any employee may be dismissed by the city without the right of the employee to a review of any kind unless the employee has a reason to believe that the dismissal was made for political or religious reasons or because of discrimination with respect to race, color, sex, national origin or other protected class, in which case he or she shall have the right to appeal to the Civil Service Commission. Notice of dismissal within the probationary period shall be given to the employee in writing; however, no statement of reason to the employee is required on the part of the city.
   (B)   Results of examination and application for entry level positions.
      (1)   There will be a written and oral examination for each qualified applicant. The written exam is equal to 50% of the overall score. The applicant must score 70% correct on the written examination to qualify for the oral exam, which comprises the remaining 50% of the score. The average of these scores will be calculated and then serve as the final score for banding purposes.
      (2)   Five points shall be added to the passing score on the written examination for any honorably discharged member of the U.S. Armed Forces (KRS 90.320(3)).
      (3)   If an applicant passes the written examination and is a Kentucky Fire Commission Certified Firefighter at the paid level (KRS 95A.230), he or she shall be eligible for priority ranking on the qualifying list and placed in the A Band.
      (4)   The names of persons who have passed all portions of the examination process and who meet all other qualifications shall be certified and ranked in the order of their score earned after the examinations given for the purpose of establishing a list. The scores earned in the examination process shall be divided into bands. The band is defined by a high score and a low score, which may be indicative of the shared level of knowledge, skill or ability of the applicants. All scores falling within a given band shall be considered tied and shall be certified at the same time. There can be up to three bands with the designations A, B and C.
      (5)   The certification process shall be done by the Commission and presented to the Mayor of the city, who shall select one individual from three candidates certified for appointment. If two vacancies exist, then four candidates are eligible for appointment. If three vacancies exist, then five are eligible and so forth. The list thus certified to the Mayor shall always contain at least two more eligible names than the number of vacancies to be filled. If there are not enough candidates in the top band, then the Commission shall also certify all of the candidates in the next band of tied scores.
      (6)   The results of said examination (written and oral or assessment) shall be open to inspection by the applicant for 30 days following the examination.
      (7)   Any applicant appointed to any position with the Fire Department may be required to pass a physical examination by a physician selected by the city.
      (8)   Applicants who have successfully passed all portions of the examination process and have met other requirements, may be retained on the list of eligible appointees for a period of one year for any similar vacancy and the Mayor may hire or select from this list or the Mayor may select from a new list from a new examination whenever the number of eligible appointees on the one year list shall be less than the number of vacancies to be filled, plus two; however, no person shall be certified by the Commission from any eligible list more than four times to the Mayor for the same or similar position.
   (C)   Procedures for promotion within the Fire Department.
      (1)   Those persons eligible for promotion to the next highest rank are those holding the next lowest rank.
      (2)   In order to be eligible to be promoted from the lowest rank (entry level position) within the Fire Department to the next highest rank requires that the employee serve past a probationary period of one year and have experience either within the city’s Fire Department or in a Chapter 95 Fire Department equaling years of service in the lowest rank.
      (3)   For all subsequent promotion eligibility, the employee is required to serve in their current rank for at least one year past his or her probationary period of one year (total of two years in time and grade). Consideration for promotion shall be based on a competitive written examination, assessment center score or oral review and a suitability rating with the weight to be given toward the candidates final score as follows:
         (a)   Written examination: 45 points;
         (b)   Oral interview or assessment: 40 points; and
         (c)   Suitability: 15 points.
      (4)   No Department personnel shall be present or participate in or score the written portion of the promotional examination.
      (5)   Whenever a civil service vacancy occurs, or a new opening is created in the city’s Fire Department of a civil service rank of sergeant or higher, a written examination for such position shall be conducted by the Civil Service Commission after due notice is given to all of those who are eligible to take said test.
      (6)   In addition to a written examination, all applicants shall be examined in person by a panel composed of representatives of fire departments, emergency services or other fire agencies acceptable to the Civil Service Commission. A representative of the city’s Civil Service Commission shall be in attendance during such oral reviews. The oral review by said panel shall relate to the candidates’ general experience, judgment and fitness for the proposed promotion. The Chief or his or her designee will be present during the oral review, but they shall not participate in or score same in any manner whatsoever. An assessment center may be substituted for the oral review, provided it meets the approval of the Civil Service Commission.   
      (7)   The suitability rating, which constitutes a maximum of 15 points of the applicant’s total score shall be determined as follows, with each section providing a possible five points each:
         (a)   Education. Recognizes the benefit of knowledge gained by the applicant either through training or applicable formal education:
            1.   One point: 600 hours of Kentucky Fire Commission recorded training or some college;
            2.   Two points: 1,200 hours of Kentucky Fire Commission recorded training or associate’s degree;
            3.   Three points: 1,800 hours of Kentucky Fire Commission recorded training or associate’s degree, plus additional college;
            4.   Four points: 2,400 hours of Kentucky Fire Commission recorded training or a bachelor’s degree; and
            5.   Five points: 3,000 hours of Kentucky Fire Commission recorded training or master’s degree or higher.
         (b)   Longevity. Recognizes the unique knowledge and experience gained by working for the city’s Fire Department: one-half point per year of service up to ten years, five points possible.
         (c)   Department rating. Recognizes traits or accomplishments that indicate a likelihood an applicant will succeed in a promoted position.
         (d)   Rating for Lieutenant. Each trait or accomplishment will provide one point:
            1.   Good conduct in grade (no written deficiency for sick leave, conduct, equipment abuse, accident or lost work day injury, within 12 months of the test date);
            2.   Participates in the ACO program;
            3.   Participate and pass Fitness Incentive Program;
            4.   IFSAC Instructor I Certification; and
            5.   NIMS 300 Certification.
         (e)   Rating for Captain. Each trait or accomplishment will provide one point:
            1.   Good conduct in grade (no written deficiency of sick leave, conduct, equipment abuse, accident or lost work injury; within 12 months of the test date);
            2.   Participate and pass Fitness Incentive Program;
            3.   NIMS 400 Certification;
            4.   IFSAC Instructor II Certification; and
            5.   IFSAC Fire Officer I Certification.
      (8)   The Fire Chief shall furnish the suitability rating to the Civil Service Commission prior to knowing the results of either the written examination or the oral review of the applicants for promotion.
   (D)   Computation of scores on promotional tests.
      (1)   To compute any applicant’s score, the Civil Service Commission shall take the sum of the percentage of correct answers, based on 100 points possible, on the written examination by 45% to provide a possible 45 points (i.e., an applicant who scores 100% correct on a written examination shall receive 45 points), plus the percentage of average cumulative score as determined by the panel on the oral examination or assessment center to equal 40 points, plus the suitability rating up to a maximum of 15 points, equaling a total of 100 points.
      (2)   The Commission shall certify a list of candidates and their total scores with rankings of highest to lowest based on total test scores. In accordance with KRS 90.350(1), the Mayor will approve one of the top three (or two of the top four and the like) to fill the position. The Commission shall notify each candidate of his or her score on the promotional examination and how said score ranks in comparison with the other candidates.
      (3)   As a safeguard against the promotion of employees beyond their capability, the Department includes a probationary period as the final step in the promotion process. Upon appointment to probation vacancies, officers are on probationary status for one year from the date of promotion. If demoted, the officer shall be given a written list of reasons and said demotion shall be reviewed by the Civil Service Commission if requested by the employee.
(Ord. 22-2019, passed 9-30-2019)