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Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Lexington-Fayette Urban County Government Zoning Code
Sec. 23-20. - Promotions—Division of fire and emergency services.
(a)   The promotional process for the division of fire and emergency services shall be administered according to the procedures established in sections 23-3, 23-7 and 23-10 through 23-16 by the division of human resources at the direction of the director, who shall certify the promotion list. The director and the chief of the division of fire and emergency services shall maintain the promotion list of eligibles for each rank. All promotion process components, including all examinations, shall be job related.
(b)   (1)   Prior to the official date for filing applications:
a.   An applicant for the position of fire lieutenant must have completed at least sixty (60) uninterrupted months of satisfactory service in the division of fire and emergency services. The last twenty-four (24) months of such service must be free of any suspensions. Service time shall be computed from the date of appointment as a recruit firefighter, shall be completed immediately prior to the official deadline for filing applications as set out in the examination announcement, and shall include any special assignment while on approved leave of absence.
b.   An applicant for the position of fire captain must have completed at least seventy-two (72) uninterrupted months of satisfactory service in the division of fire and emergency services. The last twelve (12) months of such service must have been in the grade as fire lieutenant and the last twenty-four (24) months of such service must be free of any suspensions. Service time shall be computed from the date of appointment as a recruit firefighter, shall be completed immediately prior to the official deadline for filing applications as set out in the examination announcement, and shall include any special assignment while on approved leave of absence.
c.   An applicant for the position of fire major must have completed at least one hundred and twenty (120) uninterrupted months of satisfactory service in the division of fire and emergency services. The last twelve (12) months of such service must have been in the grade as fire captain and the last twenty-four (24) months of such service must be free of any suspensions. Service time shall be computed from the date of appointment as a recruit firefighter, shall be completed immediately prior to the official deadline for filing applications as set out in the examination announcement, and shall include any special assignment while on approved leave of absence.
d.   Each applicant for promotion shall receive a position interest form which must be returned to the division of human resources before the official filing date in order for the candidate to be considered for promotion.
(2)   Time spent in an "acting capacity" shall not be considered in computing the "time in grade" requirements of this section.
(3)   Each applicant shall receive seniority credit after six (6) years' service as a sworn member of the division of fire and emergency services at the rate of one (1) percent of his combined earned score for each completed year of service, with a maximum of five (5) percent. Seniority points shall be added to the applicant's final score before the candidates are ranked on the eligibility list.
(c)   All written examinations shall be by tests compiled by the division of human resources from questions developed by an organization competent to prepare such questions, and shall be authorized by the director and approved by the commissioner of public safety. The source of testing material for all promotions shall be the division of fire and emergency services' standard operating procedures (SOPs) and policies, federal, state and local law pertaining to fire and emergency services, and not more than five (5) additional textbooks recommended by the fire chief and his staff in January of the promotion test year for authorization by the director and approval by the commissioner of public safety. Upon approval by the commissioner of public safety, the recommend textbooks may be posted in the division of human resources and all division of fire and emergency services locations. No additions or changes to the testing materials added to the reference library less than ninety (90) days prior to the examination shall serve as a source of questions for the examination. Test resources shall be available to all applicants at sites designated by the division of fire and emergency services.
(1)   The written examination will be given to all eligible applicants at the same time for the rank of the position being tested. Written examination answer sheets shall be identified by number and the numbered control sheets shall be sealed. All answer sheets shall be electronically scored immediately after the written examinations.
(2)   The specific examination score of an applicant shall not be disclosed until the examination process has been completed and the promotion list has been posted; provided, however, that any candidate who does not attain a raw score of seventy (70) percent on the written examination shall be eliminated from further testing.
(d)   All practical performance examination elements shall be made by the fire chief and his staff, under the following guidelines and evaluation system.
(1)   The fire chief and his staff shall formulate test scenarios using static photographic, video, diagram or other media. The scope and complexity of each scenario will be relevant to the rank of the position being tested. The practical test scenarios shall consist of one (1) of each of the following exercises: structure fire; emergency medical services incident; hazardous material incident; personnel issue or problem; and, a teaching/instructor skill. At least ninety (90) days prior to the examination date, the fire chief or his designee shall create and post a list consisting of not more than fifteen (15) teaching/instructor skills. The teaching/instructor skill that will be included in the practical examination will be limited to one (1) skill randomly selected from the posted list at the time of the examination.
(2)   The practical examination shall consist of one (1) scenario from each of the five (5) testing scenarios. During the examination, the applicant will be presented with each scenario and will have up to five (5) minutes to verbally describe his actions to manage the exercise at the level of complexity of the tested position. Each applicant's response shall be videotaped. The videotape shall include the applicant's testing number, for purposes of identification. Each test scenario of the practical examination will be administered to all eligible applicants on the same day. Applicants will be randomly selected to take the practical examination. All untested applicants shall be sequestered during the administration of each test scenario to prevent collusion between tested and untested applicants during the test administration process.
a.   Each applicant's videotape will be presented to an evaluation board for assessment and scoring. The evaluation board shall consist of a minimum of three (3) evaluators who shall be of equal rank or higher than the level of the position being tested. The members of the evaluation board shall be from out-of-state fire departments with staffing at least three hundred (300) or greater.
b.   The fire chief shall appoint a subject matter specialist, who shall assist the evaluation board. The subject matter specialist shall address any questions or discrepancies with the evaluation board, using the applicable testing material.
(3)   All evaluation board grading forms shall be collected and tallied by the division of human resources and shall be recorded immediately after each applicant's assessment is completed.
(e)   (1)   All oral examinations shall be conducted by an interview board consisting of the following:
a.   Two chief officers from the division of fire and emergency services.
b.   Two fire service members of a comparable or higher rank of the position being tested from out of state departments.
c.   A member of the community selected by the director and approved by the commissioner of public safety.
d.   The director or designee from the division of human resources.
e.   Members of oral examination and practical examination evaluation boards who are not urban county government employees shall be entitled to a per diem allowance of forty dollars ($40.00); except, however, that members of the boards who serve as representatives of out of state fire departments shall be reimbursed all reasonable expenses for food, lodging and travel directly related to service on the boards.
(2)   The oral examination shall consist of the following matters weighted as noted:
a.   Training grades received from the division of fire and emergency services' training bureau for the two (2) most recent calendar years, weighted at five (5) percent of the score; and
b.   Questions developed by the division of human resources and approved by the commissioner of public safety and the candidate's absenteeism record for the two (2) year period prior to the application filing deadline, weighted at twelve and one-half (12 1/2) percent of the score. Absenteeism shall be considered as absent without approved leave (AWOL), late, suspended without pay and absence, all as defined in division of fire and emergency services' SOP #571.70.
c.   The oral examination board shall ask each candidate the same questions and shall not discuss the candidates among themselves.
(f)   (1)   Each applicant's promotability shall be assessed by his chain of command. An assessment form, composed of (10) weighted performance standards, shall be completed by each applicant's chain of command. The performance standards shall be recommended by the fire chief and his staff, authorized by the director and approved by the commissioner of public safety. Each performance standard shall be weighted with a point value of between one (1) and five (5) points, with one (1) being minimally qualified and (5) being exceptionally qualified.
(2)   The promotability assessment shall focus on the applicant's ability to lead and his past job performance.
(3)   For any promotional process conducted prior to July 1, 2005, the applicant's score shall be the assessment for the one (1) year period prior to the filing deadline. For any promotion process conducted thereafter, the applicant's score shall be the average of the combined chain of command scores for the two (2) year period prior to the filing deadline.
(4)   Applicants testing for the rank of fire lieutenant will have a minimum of three (3) chain of command evaluators (command members). Applicants testing for the rank of fire captain or fire major will have a minimum of two (2) chain of command evaluators (command members).
(5)   Each chain of command member shall base his assessment on his personal knowledge and observation of the applicant's leadership qualities and job performance. A chain of command member shall not discuss an applicant's assessment with other members of the applicant's chain of command.
(6)   The promotability assessment will be included in the annual appraisal for all sworn members of the division of fire and emergency services after they have completed three (3) years of employment with the division.
(g)   (1)   To fill a vacancy in the ranks of fire lieutenant, fire captain and fire major, the names of the five (5) top ranking candidates for each position shall be forwarded to the fire chief, who may interview the candidates. The chief shall choose one (1) of the five (5), which candidate's name shall be forwarded through the urban county government chain of command to the appointing authority with a recommendation for appointment.
(2)   Eligible applications may be certified to the fire chief five (5) times for consideration. Thereafter, if not selected, they shall be removed from the list of applicants eligible for promotion. Such removal does not prevent future examinations, eligibility and certification. The promotion lists shall be established on the basis of the highest numerical score computed under the following criteria, which shall be administered in the order set out below:
a.   Thirty (30) percent on a written examination.
b.   Forty (40) percent on a practical performance examination.
c.   Twelve and one-half (12 1/2) percent on oral examination, which includes the absenteeism report.
d.   Five (5) percent on training grades.
e.   Twelve and one-half (12 1/2) percent on chain of command promotability assessments.
Following the completion of all five (5) phases of the examination criteria by all applicants, the applicants shall be ranked according to their combined numerical scores, as weighted above.
(h)   All promotion lists shall continue to be in existence for two (2) years or until a new list is posted, whichever is later. A promotion list shall be developed at least thirty (30) days prior to the expiration date of the existing promotion list.
(i)   The intent of this promotion process shall not be circumvented by acting appointments. Vacancies shall be filled or abolished within thirty (30) days of the beginning of the promotional process, which must begin within sixty (60) days of the vacancy.
(j)   An applicant serving in an "acting" capacity shall not receive any special promotional consideration because of that assignment.
(k)   Suspension for any reason of an applicant eligible for promotion shall be cause for automatic removal from any promotion list.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 31-87, § 1, 3-5-87; Ord. No. 155-87, § 1, 7-9-87; Ord. No. 76-88, §§ 1, 2, 4-21-88; Ord. No. 90-96, § 1, 5-30-96; Ord. No. 127-98, § 1, 5-7-98; Ord. No. 16-99, §§ 2, 3, 1-28-99; Ord. No. 122-2004, § 1, 5-25-04; Ord. No. 245-2004, § 1, 9-23-04)