There shall be two methods for original appointment of a firefighter or police officer into the Classified Service:
(a) Civil Service examination with placement on certified list; or
(b) Lateral hire.
In either case, a candidate must conform to certain minimum qualifications of the rules of the Civil Service Commission. (Amended 10-25-21.)
(a) Civil Service Examination Process. The Mayor or the appointing authority of the Department in which the position in the Classified Service is to be filled shall notify the Commission of the fact and the Commission shall certify to the appointing authority the names and addresses of the ten (10) candidates standing highest on the eligibility list for the class or grade to which said position is classified, except that provisional and lateral appointments may be made without competitive written examination.
If the appointing authority finds with cause that none of the certified persons are suitable for appointment, the Commission, if it concurs, shall certify the next ten (10) names from the eligible list, provided the Commission may certify less than ten (10) names if ten (10) names are not available. When less than ten (10) names are certified to the appointing authority, appointment from that list shall not be mandatory.
In the event that an eligible list becomes exhausted, through inadvertence or otherwise, and
until a new list can be created, or when no eligible list for such position exists, names may be certified from eligible lists which the Commission determined to be the most appropriate for the group or class in which the position to be filled is classified.
(b) Lateral Hire Process. Applicants will submit an employment application to the Department of Human Resources. Applicants shall conform to all minimum requirements of the Civil Service Commission Rules for appointment unless otherwise stated herein and shall meet the following pre-requisites:
(1) Applicant must have previously been employed with an Ohio political subdivision as a full-time firefighter for a Westlake firefighter position or as a full-time police officer or Ohio State Trooper for a Westlake police officer position.
(2) Applicants for position of firefighter shall meet the following additional pre-requisites at the time of application and appointment:
A. Applicant’s current or previous employment shall have been the result of a Civil Service examination process for firefighter.
B. Applicant must possess a State of Ohio Firefighter II Certificate and State of Ohio EMT-Paramedic Certification and be current with all applicable educational requirements.
(3) Applicants for the position of police officer shall meet the following additional pre-requisites at the time of application and appointment:
A. Applicant’s current or previous employment shall have been the result of Civil Service examination process for police officer or Ohio State Trooper.
B. Applicant must be OPOTA or Ohio State Trooper certified.
(c) The Police/Fire Chief will review applications and determine which applicants meet the lateral hire criteria. Prior to appointment, lateral hire candidates shall submit to the following: background investigation, polygraph examination, psychological examination, physical examination, oral interview(s), drug screening, fitness for duty and physical agility examinations. Positions filled through lateral hire are exempt from written competitive examination.
(d) All department probationary periods for new hires shall apply. Seniority shall be based on date of hire with the City of Westlake.
(e) Effective October 20, 2023, a minimum of five (5) out of the last ten (10) entry level police officer or firefighter appointments shall be made from the applicable Civil Service Entry Level Eligibility List.
(1) Exception: If a Civil Service Entry Level Eligibility List expires or is terminated by the Commission pursuant to Rule VIII, Section 3, then Rule IX, Section 2(e) is hereby waived until an examination can be given and a list certified or ninety (90) days from the date of the list expiration/termination, whichever occurs first. Lateral appointments made during this period shall not count towards the minimum requirement set forth therein.
(Amended 10-25-21; 3-23-22; 10-20-23.)
No person shall be eligible for appointment as an entry level firefighter in the Fire Department unless they have a current Level 2 State of Ohio Firefighter Certification and a current State of Ohio Paramedic Certification and retain such licensing qualifications during their employment as firefighters-paramedics with the City. Upon the recommendation of the Fire Chief the continuing requirement to maintain the paramedic qualification may be waived for an indefinite or specified period by the appointing authority if they determine that such waiver is consistent with the maintenance of the highest level of paramedic and firefighting service to the City and its citizens. Although professional judgment will be required in each case, such actions shall be based upon:
(1) Occurrence of a medically certified change in the physical or emotional abilities of the individual which prevents the individual's performance of the duties of a paramedic; or
(2) Upon failure to pass the recertification testing requirements the individual continues to make good faith efforts to regain paramedic certification and does regain such certification within nine months.
(3) A job change which does not require paramedic certification as determined by the appointing authority.
In addition to and without limiting the foregoing, the appointing authority, upon the recommendation of the Fire Chief, may waive the continuing requirement for the Day Lieutenant to maintain paramedic certification due to scheduling difficulties. The Day Lieutenant shall not be penalized in regard to lateral movements and/or promotions as a result of the loss of paramedic certification due to a waiver as provided herein. The Fire Chief and Day Lieutenant shall meet yearly to review his/her paramedic re-certification requirements.
The continuing requirement to maintain the paramedic qualification described herein shall not be waived for any firefighter during the term of the probationary period.
(Amended 3-24-23.)
Every soldier, sailor, marine, coast guardsman, member of the auxiliary corps as established by Congress, member of the Army Nurse Corps or Navy Nurse Corps or Red Cross Nurse, who has served in the Army, Navy or Hospital Service of the United States, and such other military service as is designated by Congress of the selective service or similar constrictive acts as are in effect in the United States, who has been honorably discharged or separated under honorable conditions therefrom, and is a resident of Ohio and whose name appears on an eligible list for a position, shall be entitled to preference in original appointment to any such position in the Classified Service of the City of Westlake over all persons eligible for such appointments and standing on the list therefor with a rating equal to that of such member of the Armed Services.
Vacancies in the Classified Service shall be filled insofar as practicable by promotions. In all cases in which vacancies are to be filled by promotion, the Commission shall initially certify the appointing authority only the appropriate number of names of the persons having the highest rating. All examinations involving possible promotion shall be competitive. Suitable credits as determined by the Civil Service Commission may be given for education and seniority and may constitute part of the examination grade. Such examination credits shall adequately reflect the Commission's desire to fill vacancies by promotion insofar as practicable and to provide advancements to those in the Civil Service who are most meritorious.
(Amended 12-7-07.)
Vacancies in the position above the rank of firefighter or police officer shall be filled on competitive examination only. The certification of eligibles shall be the person achieving the highest passing grade. No person serving in the rank of firefighter in the Fire Department or police officer in the Police Department shall be eligible to take the promotional examination for Lieutenant in the Fire Department or Sergeant in the Police Department unless he has completed his probationary period as established for his position within his respective department and has at least three (3) years of full time experience in the rank of fire fighter or police officer with a minimum of two (2) of the three (3) years of experience in the respective Westlake Fire or Police Departments. No person shall be eligible to take a promotional examination for the positions higher in rank than Lieutenant in the Fire Department or Sergeant in the Police Department unless the person shall have served at least twelve (12) months in the Westlake Fire or Police Departments in that rank from which the promotion is to be made. In those cases where less than three (3) are eligible and willing to take such examination, the twelve (12) month rule may be waived. Where an eligible list exists and a vacancy occurs which may be filled from such list, the vacancy shall be filled within forty-five (45) days from the date of such vacancy. Whenever a vacancy occurs in the Police or Fire Departments and no promotional eligible list exists for such rank, the Commission shall make every reasonable effort within one hundred twenty (120) days of such vacancy to hold a competitive promotional examination [except in the case of paragraph 5.1 herein]. Upon certification; the vacancy shall be filled within forty-five (45) days.
(a) Vacancies in the position of Police Chief and Fire Chief shall be filled by competitive examinations only. No person serving in the Fire or Police Departments shall be eligible to take the promotional exam for Chief of their respective Department unless they have served at least two (2) years in their respective Department in the rank of Lieutenant or above.
(b) Notwithstanding the rules established in Sections 4 and 5 herein, whenever a vacancy in the position of Fire Chief or Police Chief shall exist, the examination/selection process shall be closed and competitive unless the number of internal candidates is insufficient to justify closed competition, in which case, the promotional examination/selection process shall be open and competitive in character as set forth as follows:
The examination process for Police and Fire Chief shall be open and competitive if any one of the three following factors apply;
(1) Less than 4 internal candidates apply for the examination, or
(2) Less than 3 internal candidates successfully complete and pass the written portion of the examination, or
(3) The Mayor petitions the Commission to provide for an open and competitive examination based on the Mayor's determination, provided to the Commission in writing, that it would be in the public interest to do so and the Commission concurs with the Mayor.
(c) A retest shall be required if factor (b)(2) applies. An internal candidate who fails to successfully complete and pass the examination shall not be permitted to re-take any subsequent examination deemed necessary as the result of subsection (b)(2) herein.
(d) No person, not currently a rank and file member of the Westlake Police Department, shall be permitted to take the examination for Police Chief unless they have completed at least 5 years in grade as a Captain or above and has served at least 10 years as a career member of an organized police department of comparable or larger size as the current Westlake Police Department. Applicants for examinations shall possess and supply upon application a copy of their current Ohio Peace Officers certification. Outside applicants shall comply with all other qualifications established by the Charter, Codified Ordinances and Civil Service Rules as to applicants for promotional examinations.
(e) No person, not currently a rank and file member of the Westlake Fire Department, shall be permitted to take the examination for Fire Chief unless they have completed at least 5 years in grade as a Captain or above and have at least 10 years experience in fire suppression or fire prevention as a career member of an organized fire department of comparable or larger size as the current Westlake Fire Department. Applicants for the examination shall possess and supply upon application a copy of their current State of Ohio firefighter's certification and State of Ohio paramedic certification. Outside applicants shall comply with all other qualifications established by the Charter, Codified Ordinances and Civil Service Rules as to applicants for promotional examinations.
(f) Effective January 1, 2017, a bachelors of police administration, criminal justice, business management, business administration, public management or related degree in the field of study shall be required of any candidate internally or from outside the Department who applies for the position of Police Chief. Effective January 1, 2017, a bachelors of fire science, business management, business administration, public management or related degree in the field of study shall be required of any candidate internally or from outside the Department who applies for the position of Fire Chief. Proof of degree shall be provided to the Clerk at the time of application for the examination. (Amended 3-3-14.)
After a person is certified from an eligible list two times to the same appointing authority to the same or similar position, they may be omitted from future certification to such appointing authority provided that certification from temporary appointment shall not be counted as one of such certifications. (Amended 9-20-23.)
When the appointing authority has filled a vacancy or position from the certified eligible list or from applications for noncompetitive positions, the appointing authority shall forthwith report to the Commission the name of such appointee, the title of the position, the duties and responsibilities of the position, the salary and compensation thereof and such other information as the Commission may require in order to keep its roster.
No payroll or account for payment of wages or salary to any person in the classified service shall be certified or approved for payment by the Commission if such name has not been placed on the official roster in accordance with the provisions of these Civil Service Rules.
The probationary period for police officer shall be for a period of one year beyond the date of employment or state certification, whichever is the latest. The probationary period for a firefighter shall be for a period of two years beyond the date of employment or state certification for firefighter and EMP, whichever is the latest. No appointment for promotion for police and fire shall be final until the appointee has satisfactorily served a one year probationary period.
Service as a provisional appointee in the same and similar class shall be included in the probationary period.
If in the opinion of the appointing authority, the service of a probationary employee is unsatisfactory, with the approval of the Civil Service Commission, the appointing authority may discharge the employee at any time during his probationary period after completion of one half of his probationary term. If the appointing authority decides to remove or reduce a probationary employee, his written communication to the Commission shall state the reasons for such decision.
If, during the probationary period, an original appointee is found unsatisfactory and is dismissed by the appointing authority, the Civil Service Commission may return his name to its original position on the eligible list from which it was selected or to a list of lower classification, or none, as the Commission may determine in the best interest of the City.
If, during the probationary period for a promotional appointment, the appointee is found to be unsatisfactory, he may be returned to his former permanent position or have his name placed at the head of the eligibility list of a comparable classification as the Civil Service Commission may determine.
(a) Provisional Appointments. Whenever there are urgent reasons for filling a vacancy in any position and the Civil Service Commission is unable to certify the appointing authority a list of persons eligible for appointment, the appointing authority may nominate a person to the Commission for provisional appointment. The person may be appointed provisionally until a selection and regular appointment can be made. Such provisional appointment shall continue in force only until appointment can be made from eligible lists prepared within one hundred twenty (120) days from the date of vacancy.
(b) Temporary Appointments. In case of an emergency, a temporary appointment or promotion may be made no longer than sixty (60) days. Such emergency shall be deemed to exist when the appointing authority so notifies the Commission and such fact is duly recorded in the minutes of the Commission. Emergencies requiring successive temporary appointments shall not be made except as follows: (i) certified sickness or disability of a regular employee that creates an emergency and will be deemed to exist only when such fact is confirmed by a physician of the Commission's choice; and (ii) military leave of a regular employee creates an emergency where the employee is involuntarily called to active duty for a national or state emergency pursuant to Section 167.17 of the Codified Ordinances for a period in excess of sixty (60) days.
(c) Unless there is some unusual reason why the same ought not to be done for the benefit of the service, the appointment to a temporary position shall be made only from the classification or grade immediately below the classification or grade in which the temporary vacancy exists.
(d) The acceptance or refusal by an eligible of a provisional or temporary appointment or promotion shall not affect his standing on the eligible list for permanent employment and/or promotion.
Full-time employees of the City may engage in such part-time or occasional employment or occupation outside of their regular working hours as will not interfere with the efficient performance of their duties for the City and as may be formally approved by the appointing authority under whom they are employed.
A member of the Fire Department or the Police Department shall have no employment other than that involved in his position in the City service, except by express approval of the appointing authority and department head. Violation of this provision shall render such employee liable to thirty days suspension for the first offense and discharge for such second offense.