Applications and physical examinations.
101.9.   Section 26.9.
   (a)   The commission shall require persons applying for admission to any examination provided for under this charter amendment or under the rules and regulations of the said commission, to file in its office, within a reasonable time prior to the proposed examination, a formal application in which the applicant shall state under oath or affirmation.
   First: His full name, residence and post office address.
   Second: His citizenship, age and the place and date of his birth.
   Third: His health, and his physical capacity for public service.
   Fourth: His business and employments and residence for at least three (3) years previous; he must have been a resident of this city for at least one year immediately preceding his application.
   Fifth: Such other information as may reasonably be required, touching the applicant’s qualifications and fitness for public service.
   (b)   Blank forms. Blank forms for such applications shall be furnished by the commission, without charge, to all persons requesting same. The commission may require in connection with such application, such certificate of citizens, physicians or others, having knowledge of the applicant as the good of the service may require. The said commission may refuse to examine an applicant, or after examination, to certify as eligible, one who is found to lack any of the established preliminary requirements for the examination of position or employment for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment; or who is addicted to the habitual use of intoxicating liquors or drugs; or who may have been guilty of any crime, or infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud in his application, in his examination, or in securing his eligibility; or who refuses to comply with the rules or regulations of the commission. If any applicant feels himself aggrieved by the action of the commission in refusing to examine him, or after an examination, to certify him as an eligible, as provided in this section, the commission shall, at the request of such applicant, appoint a time and place for a public hearing; at which time such applicant may appear by himself or counsel, or both, and the commission shall then review its refusal to make such examination or certifications, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the commission shall file the testimony so taken in its records, and shall again make a decision, which decision shall be final.
   (c)   Physical examinations. All applicants for any position in the fire department shall undergo a physical examination which shall be conducted under the supervision of a medical committee composed of two (2) doctors of medicine appointed for the commission by the mayor. Said medical committee shall certify that an applicant is free from any bodily or mental defects, deformity or disease which might incapacitate him from the performance of the duties of the position desired before said applicant shall be permitted to take further examinations. No applications will be received if the person applying is less than twenty-one (21) years of age or more than thirty-five (35) years of age at the date of his application. Provided, however, that in event any applicant has formerly served upon the fire department of this city for a period of more than six (6) months, and has resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against such applicant, within a period of two (2) years next preceding the date of his application, and is still a resident of this city, then such person shall be eligible for reinstatement in the discretion of the commission, even though such applicant shall be over the age of thirty-five (35) years. Such applicant, provided his former term of service so justifies, may be reappointed to the fire department without examination other than a physical examination; if such person shall be reinstated to the fire department, he shall be the lowest in rank in the department next above the probationers of the department.
Statutory reference:
   Applications and physical examinations, see M.C.L.A. § 38.510
101.10 Section 26.10.
   (a)   Appointment: Rules and Regulations. The commission shall make rules and regulations providing for examinations for positions in the fire department, and for appointments to and promotions therein, and for such other matters as are necessary to carry out the purpose of this charter amendment. Due notice of the contents of such rules and regulations and of any modifications thereof shall be given by mail in due season to appointing officers effected thereby, and said rules and regulations and modifications thereof shall also be printed for public distribution. All original appointments to any position in the fire department within the terms of this charter amendment shall be for a probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing officer, the probationer shall be notified, in writing, that he will not receive permanent appointment, whereupon his employment shall cease; otherwise, his retention in the service shall be equivalent to his final appointment.
   (b)   Appointments: Regular. Every position, unless filled by promotion, reinstatement, or reduction, shall be filled only in the following manner. The appointing officer shall notify the commission of any vacancy in the service which he desires to fill, and shall request the certification of eligibles. The commission shall forthwith certify, from the eligible list, the names of the person who received the highest average at preceding examinations held under the provisions of this charter amendment within a period of three (3) years next preceding the date of such appointment. The appointing officer shall, thereupon, with sole reference to the relative merit and fitness of the candidate, make the appointment so certified. As each subsequent vacancy occurs, in the same or another position, precisely the same procedure shall be followed. When an appointment is made under the provisions of this section, it shall be in the first instance for the probationary period of six (6) months, as provided in this charter amendment. The term “appointing officer” as used in this charter amendment will be construed to mean the municipal officer in whom the power of appointment of members of the fire department is vested by the charter of this city.
   (c)   Appointments: Temporary. Whenever there are urgent reasons for filling a vacancy in any position in the fire department, and there is no list of persons eligible for appointment after a competitive examination, the appointing officer may nominate a person to the civil service commission for a noncompetitive examination; and if such nominee shall be certified by the said commission as qualified, after such noncompetitive examination, he may be appointed provisionally, to fill such vacancy until a selection and appointment can be made after a competitive examination, and in the manner prescribed in this charter amendment, but such provisional appointments shall not continue for a longer period than three (3) months, nor shall successive provisional appointments be made to the same position, under this provision.
   (d)   Appointments: Special. In event any position as an electrician or mechanic is to be filled, then the examination to be given to applicants for either the position of electrician or mechanic shall be so drawn as to test only the qualification of such applicant in regard to his ability as electrician or mechanic, such examinations to be special examinations.
Statutory reference:
   Appointment, see M.C.L.A. § 38.511