§ 33.16 APPLICATIONS; QUALIFICATIONS; ELIGIBLE PERSONS, APPOINTEES.
   (A)   (1)   Applications must be signed by the applicant. The applicant’s signature shall be understood as certifying the truthfulness of all statements made on the application form. The Secretary may require applicants to provide any and all proof necessary to support claims made on the application.
      (2)   Applications shall not be distributed for any class unless an examination announcement has been issued for that class.
   (B)   (1)   General qualifications. The Commission shall provide for open competitive, written and oral examinations to determine the relative fitness of all candidates for original appointment.
      (2)   Promotion. Before being eligible for promotion, candidates must meet the criteria set forth below.
         (a)   Police personnel.
            1.   a.   Captain: successful and progressively responsible experience as a police officer. Four years police experience at the Sergeant level or above;
               b.   Lieutenant: successful and progressively responsible experience as a police officer. Two years police experience at the Sergeant level or above; and
               c.   Sergeant: two years of certified law enforcement experience.
            2.   All promotions in the Police Department of Captain and below shall be made from regular employees occupying positions in the classified service. These promotions shall be made after open competitive examination. The Mayor may, after open competitive examination, make an appointment for Major and above that may or may not include eligibles that are current employees.
         (b)   Fire personnel.
            1.   a.   Captain: graduation from high school or its equivalent and at least three years as a line officer; and
               b.   Sergeant: graduation from high school or its equivalent and at least two years as a driver operator.
            2.   All promotions in the Fire Department of Captain and below shall be made from regular employees occupying positions in the classified service. These promotions shall be made after open competitive examination. The Mayor may, after open competitive examination, make an appointment for Major and above that may or may not include eligibles that are current employees.
            3.   If there are three or fewer qualified regular employees occupying positions in the classified service, the Mayor may, after open competitive examination make an appointment for any position that may or may not include eligibles that are current employees.
         (c)   City Hall personnel. The Mayor may, after open competitive examination, make an appointment for City Administrator or City Clerk that may or may not include eligibles that are current employees.
         (d)   Public Works personnel. The Mayor may, after open competitive examination make an appointment for Public Works Director that may or may not include eligibles that are current employees.
         (e)   Sewer and Wastewater personnel. The Mayor may, after open competitive examination, make an appointment for Wastewater Superintendent or may or may not include eligibles that are current employees.
      (3)   Relative fitness. The Commission shall provide provisions for open, competitive, written, oral and other mental and physical examinations to determine the relative fitness of all candidates for original appointment and for promotion.
   (C)   The application of any applicant who makes a false statement regarding a police arrest or conviction record shall automatically be rejected. The Secretary may reject an application, may refuse to examine a candidate, may remove an eligible’s name from the eligibility list, may refuse to certify the name of an eligible and may seek to remove an employee already appointed, if it is found that the person:
      (1)   Does not meet the minimum special or physical requirements (with reasonable accommodation where appropriate) for the position as announced;
      (2)   Has made a false statement of material fact on the application;
      (3)   Has used or attempted to use political pressure or bribery to secure an advantage in testing or appointment;
      (4)   Has directly or indirectly solicited or obtained information regarding the examination to which the applicant was not entitled;
      (5)   Has failed to submit the application correctly or within the prescribed time limits;
      (6)   Has taken part in the compilation, administration or correction of the examination for which the applicant has applied;
      (7)   Has been found cheating in any way on an examination;
      (8)   Has previously been dismissed from a position in the classified service for cause or has resigned while charges for dismissal for cause were pending;
      (9)   Has been convicted of a felony or multiple misdemeanors;
      (10)   Has established an unsatisfactory employment or personnel record, as evidenced by reference check, of such nature as to indicate unsuitability for employment;
      (11)   Has practiced or attempted to practice deception or fraud in making application or taking test;
      (12)   Fails to notify the Commission in writing of any change in address. For this purpose, the return of a letter by the postal authorities, if properly addressed to the last address on record, shall be deemed sufficient grounds for this action;
      (13)   Fails to notify the Commission of any change which would affect the eligible’s availability for employment;
      (14)   Requests removal from the list;
      (15)   Fails to report for duty or scheduled selection procedures;
      (16)   Resigns and the eligible’s name appears on a promotional eligibility list. In the event of reemployment, said employee’s name shall not be put back on the promotional list unless said employee has successfully passed a new promotional examination;
      (17)   Refuses a job offer;
      (18)   Fails to respond to any request for information from the Civil Service Commission;
      (19)   Waives certification more than once;
      (20)   Is selected for a position from an eligibility list or his or her term of eligibility expires; and
      (21)   Has otherwise violated provisions of this chapter, or for such other reason considered by the Secretary to indicate that employment of the individual would be detrimental to the best interests of the Department.
   (D)   (1)   All applicants for a position covered by the Civil Service, who obtain a total weighted score of 70% or better, with 50% of the total score assigned to the written exam, 25% of the score assigned to the oral exam/interview, and the remaining 25% of the total score assigned to the related work experience of the applicant, shall be entered upon the list in order of total weighted average score in the examination.
      (2)   All applicants for sworn police officer positions with the city’s Police Department (other than lateral transfer applicants) shall take a general knowledge written exam administered by the Civil Service Commission or its designee. The applicants who score the ten highest grades on said written test shall proceed in the application process for sworn positions with the city’s Police Department. Other applications shall be discharged. The second phase of the application process for the city’s Police Department shall consist of a written exam to test one’s aptitude for work in the law enforcement field, an oral interview, and a resume review process to examine applicant’s work and life experience. The applicants shall be graded and scored utilizing the following formula: the exam shall make up 25% of an applicant’s score; the oral interview shall make up 50% of an applicant’s score and the resume review of the applicant’s work and life experience shall make up 25% of the applicant’s score. Lateral transfer applicants shall sit for an oral interview and shall have their work and life experience reviewed by resume review. A lateral transfer applicant’s score shall be composed of the following formula: 50% of score shall be based upon the oral interview and 50% of the applicant’s score shall be based upon the work and life experience review.
      (3)   Military veterans, honorably discharged from the U.S. Military, shall receive five points of a scale of 100 in consideration of their service.
      (4)   Whenever two or more persons have the same score, they shall have the same numerical position on the list.
      (5)   Candidate entry level eligibility shall expire one year from the date the candidate is placed on the list, unless extended with the written approval of the Civil Service Commission. Promotional eligibility lists shall expire one year from the date the list is established by the Commission, unless extended with written approval of the Civil Service Commission.
      (6)   The Commission may, upon good cause, discard an entry level eligibility list. An action to consider discarding an eligibility list may be initiated by the Commission itself, or upon request with a showing of telling evidence. It may be based upon a determination that a substantial number of background investigations have shown that the testing process did not produce a list of qualified candidates from which to fill available positions. A request to discard an entry level eligibility list made by the city must be presented to the Civil Service Commission in written form and shall include justification supporting the request.
   (E)   (1)   Open competitive eligibility lists contain the names of eligible persons who are qualified for further selection procedures or appointment as a result of open competitive, numerically-rated examinations for positions assigned to the class covered by the list. This type of list shall be effective for one year, unless otherwise directed by the Mayor. However, no list may be extended beyond two years.
      (2)   The names of all eligible persons who have obtained a score which is equal to or greater than the passing-point score in the examination(s), shall be placed in rank order on the eligibility list for the class for which they were examined.
      (3)   In the event that two or more eligible persons achieve the same final earned rating, the same rank shall be assigned to all eligible persons with the same score. When the Mayor deems that circumstances appear to warrant, an examination shall be given for the purpose of obtaining candidates for the open competitive list. The Mayor will have the option to allow the list to expire and create a new list or to replenish the current list.
      (4)   When the list is replenished, all eligibles whose names are on the existing list shall be notified of the new examination and shall be granted the option of either retaining their present score or taking the examination.
      (5)   When an eligible person elects to not take the new examination, the eligible person’s name, with existing rating, shall be integrated into the new list in rank order and shall remain on the list only as long as the eligible person’s name would have remained on the original list.
      (6)   When an eligible person elects to take the new examination, the eligible person’s name shall be placed on the eligibility list with the score attained on the new examination; that name shall remain on the list for as long as the new list shall be effective. If a candidate fails the examination re-take, the eligible person’s name shall be removed from the original list.
      (7)   The names of new eligible persons will be integrated in rank order with the existing names on the list. Each eligible person shall remain on the list only as long as the name would have remained on an original list.
   (F)   (1)   Promotional eligibility lists contain the names of employees in the classified service who have completed all numerically-rated promotional examinations and who are eligible for promotion to positions assigned to the class covered by the list.
      (2)   The names of all persons who have obtained a score which is equal to or exceeds the passing point score in an examination shall be placed on the eligibility list for the class for which they were examined in the order of their final earned rating.
      (3)   The certified rank list for promotions shall be valid for one year and shall not be extended. Under no circumstances shall promotional eligibility lists be consolidated with newly prepared lists. In compiling every competitive promotion list for examinations given after the effective date of this regulation as amended, the eligible candidates shall be ranked in the order of their ratings earned in the examination given for the purpose of establishing the list.
      (4)   Promotional eligibility lists shall contain the names of successful candidates in the order of their standing through examination. In filling promotional vacancies, the Mayor shall select from not more than three candidates, graded highest on the appropriate eligibility list. If a person is selected from the top three persons on the eligibility list, then the fourth person on the eligibility list moves up to the top three grouping, and so on and so forth, until the eligibility list expires after one year. Any person who is aggrieved by the selection process may seek relief from a court of competent jurisdiction. Appeals of promotional decisions shall not be made to the Civil Service Commission.
   (G)   After a request from the Mayor and upon completion of final earned ratings for all required numerically-rated examinations, the Commission shall certify to the Mayor the list of eligible persons prepared for the class to which the position to be filled is assigned.
(Ord. 013-145, passed 9-23-2013)