The direction, supervision and control of the
Fire Bureau shall be vested in the Fire Chief. He shall be one who
has had training and experience in the work of fire prevention and
protection. He shall be appointed by the Mayor, by and with the consent
of the Council, and shall act under the direction and supervision
of the Director of the Department of Public Safety. He shall be deemed
to exercise grave public duties and shall serve at the pleasure of
the Mayor.
The Fire Bureau shall hereafter consist of superior
officers and firemen (including the Fire Chief, but excluding special
duty officers and private or temporary extra firemen who may be appointed
as provided by law), who shall comply with such regulations as may
be prescribed by the Director of Public Safety, the Fire Chief or
their respective superior officers within the force, and shall hold
office for the term prescribed by law.
All members of the Fire Bureau shall be termed
"firemen," except those who may be designated by the Director of Public
Safety, by and with the consent of the Council, as superior officers,
of which the following may be appointed to hold such rank or designation
and assignment during the pleasure of the Council: Deputy Chiefs,
Battalion Chiefs, Captains and Lieutenants.
In addition to the foregoing, one mechanic may
be attached to the Fire Bureau as a special duty officer, who need
not be a member of the Fire Bureau, but who shall be appointed by
the Director of Public Safety, by and with the consent of the Council,
to hold such rank or special designation and assignment during the
pleasure of the Council.
The Fire Marshal shall perform all duties prescribed
by the Acts of Assembly of the State of Pennsylvania, and such duties
as the Council by ordinance shall direct.
[Amended 8-24-1999 by Ord. No. 4-1999]
A. The procedures herein set forth shall govern all promotions
in the Bureau of Fire.
B. The Fire Chief shall be appointed by the Mayor, by
and with the consent of Council, and shall serve at the pleasure of
the Mayor.
C. Promotions to the rank of Assistant or Deputy Chief
shall be made by the Fire Chief and the Mayor.
D. Promotion to Battalion Chief, Captain, or Lieutenant
shall be made from eligibility lists established annually by the Fire
Civil Service Commission for the Lancaster Bureau of Fire pursuant
to the procedures as set forth throughout this section. All other
vacancies are subject to the labor agreement between Local 319 I.A.F.F.
and the City of Lancaster.
[Amended 11-28-2000 by Ord. No. 10-2000; 9-8-2015 by Ord. No.
10-2015]
E. The
location, time, date and test resource material (if such is provided
for any written exams) for the positions of Battalion Chief, Captain
or Lieutenant shall be posted at the time of the initial examination
announcement. Subsequently, the location, time and date of the oral
exam shall be posted.
[Amended 11-8-2000 by Ord. No. 10-2000; 9-8-2015 by Ord. No. 10-2015]
F. Eligibility for candidates to take promotional examinations
shall be as follows:
[Amended 11-28-2000 by Ord. No. 10-2000]
(1) For the position of Fire Lieutenant, minimum of two
years in grade as a Journey Firefighter.
(2) For the position of Fire Captain, minimum of two years
in grade of Fire Lieutenant.
(3) For the position of Fire Battalion Chief, minimum of two years in
grade of Fire Captain.
[Amended 9-8-2015 by Ord.
No. 10-2015]
G. A minimum score of 70% on the written test and 70%
on the oral test will be required in order for the candidate to be
placed on the eligibility list. Percentage and point values for promotional
testing on the three sections are as follows:
[Amended 9-8-2015 by Ord.
No. 10-2015]
(1) Section 1, written examination: 60%.
(2) Section 2, oral examination: 40%.
(3) Section 3, seniority points. An allowance of 1/2
point for each full year of service in the grade the candidate is
in at the time of eligibility for promotion, not to exceed a total
of five points, shall be added to the total and final grade of each
candidate, after the candidate has received a 70% grade on both the
written and oral examinations.
H. The Fire Civil Service Commission will establish proper
precautions to prevent unauthorized persons from securing, in advance,
questions to be used in a test.
I. All examinations shall be given under the general
supervision of the Fire Civil Service Commission which shall prescribe
the regulations and procedures to be followed in taking examinations.
Oral examinations are to be given by an Oral
Examination Board composed of not less than three persons. One shall
be an individual who is not affiliated with the fire service profession
but has experience and training in the human resources/management
field and the remaining members will be paid fire service chief officers.
The oral Board members shall be individuals who have not previously
served in a professional capacity with any of the candidates to be
examined. The Civil Service Commission shall appoint the Oral Examination
Board with input from the Chief and Deputy Chiefs. A member of the
Civil Service Commission shall be present during the oral examinations.
Also, a member of Local 319 who is not a candidate for the tested
position shall be present during the oral examinations; provided,
however, that the union member complies with any procedures and signs
any confidentiality documents required by the Commission's Secretary
as necessary to protect the confidentiality of the oral examinations.
Further, if a candidate does not want a member of Local 319 present
during the time the candidate takes his or her oral examination, there
shall be no member of Local 319 present during that candidate's oral
examination.
J. All final total scores from the eligibility list shall
be posted as directed by the Commission. Candidates who have not achieved
a passing score of 70% may receive their scores from the office of
the Fire Chief.
K. Should a tie exist on the eligibility list, the candidate
with the longest period of service at the Fire Bureau shall be placed
ahead of the person with whom the tie exists.
L. All promotional eligibility lists certified by the
Fire Civil Service Commission shall be valid for a period of one year
from the date of certification.
M. Promotions shall be filled, as far as practicable,
from among persons holding positions in the next lower grade in the
Fire Bureau.
N. Procedure
for Civil Service certification and promotion in the Fire Bureau shall
be as follows:
[Amended 9-8-2015 by Ord.
No. 10-2015]
(1) The Mayor shall request of the Civil Service Board the certification
of a list for possible promotion. In requesting, the Mayor or Chief
shall indicate to the Civil Service Board the rank for which certification
is requested.
(2) The Civil Service Board shall submit a certified list of the three
highest scoring candidates, from a list being effective for a period
of not more than two years from the date of certification. If there
are less than three candidates on the eligibility list, the Civil
Service Commission shall submit those so certified.
(3) The Mayor, after consideration of the recommendation from the Chief,
may appoint from the highest scoring three applicants certified as
eligible by the Civil Service Board, one of the individuals for the
position.
(4) If there are less than three applicants so certified, the Mayor,
after consideration of the recommendation from the Chief, may select
from the one or two on the list so certified for the position.
(5) If the Mayor chooses to promote, the person shall be approved, the
promotion reported to City Council and made part of the minutes of
City Council.
(6) Should the Mayor not approve any of the persons on the list certified
by the Board, no promotion shall be made.
(7) The Mayor shall make appointments with sole reference to the relative
merit and fitness of the candidate.
(8) Once an individual is approved for promotion, everyone remaining
on the list shall move up one place on the list, except those individuals
who were higher on the list than the individual promoted.
(9) If the name of any candidate has been submitted to the Mayor and
rejected three times, then such name shall be stricken from the eligibility
list.
(10) If the name of any candidate has been submitted to the Mayor and
approved, but the candidate declines to accept an appointment at that
time, then that candidate's name shall be stricken from the eligibility
list.
O. All promotions to civil service positions are subject
to a six-month probationary period.
P. All successful candidates for promotion to a civil
service position shall be subject to the drug testing policy of the
Lancaster Bureau of Fire. If drug testing reveals that a candidate
is violating the drug policies of the Lancaster Bureau of Fire, that
individual shall not be eligible for promotion, but may become eligible
for future promotions only if the candidate successfully completes
the requirements of the Lancaster City Fire Bureau drug testing policies.
Q. Reinstatement.
(1) An individual who was formerly a fire fighter or officer
with the Lancaster City Bureau of Fire and resigned from the Lancaster
City Bureau of Fire may seek reinstatement if the individual completes
an application on the applicable Fire Bureau civil service application
form and if a vacancy exists. Also, no individual shall be eligible
for reinstatement if the time period between the date of resignation
from the Fire Bureau and the date of application for reinstatement
is more than three years.
(2) An individual with less than three years of continuous
service with the Lancaster City Bureau of Fire or who has not achieved
the Fire Fighter III grade may not seek reinstatement, but shall be
treated as a new applicant.
(3) An individual who is receiving a pension from the
City of Lancaster Bureau of Fire shall not be permitted to be reinstated
to a position with the Lancaster City Bureau of Fire.
(4) The decision to reinstate an individual shall be made
at the discretion of the Lancaster City Bureau of Fire Civil Service
Commission based on the factors set forth below:
(a) The Director of Public Safety and the Fire Bureau
Chief do not oppose the individual's reinstatement.
(b) The individual is physically able to perform the duties
of a Lancaster city fire fighter as established by the current physical
abilities tests.
(c) The individual must pass a physical examination meeting
the requirements for new applicants and any psychological and substance
abuse examinations.
(d) There were no charges of misconduct or other malfeasance
while the individual was employed by the Lancaster City Bureau of
Fire.
(e) The individual shall also provide to the Civil Service
Commission the individual's reason for resignation, reason for requesting
reinstatement and the activities of the individual after the individual's
resignation, and other relevant activities of the individual after
the individual's resignation and prior to reinstatement for the Commission's
statement.
(5) In order to be reinstated, the individual must meet
all current eligibility requirements in effect for new applicants
for positions with the Lancaster City Bureau of Fire.
(6) A reinstated individual shall be rehired with no seniority.
Seniority will be established as of the date of rehire.
(7) Notwithstanding other language in this Rule, a reinstated
individual shall have seniority above any probationary fire fighters
who may be employed by the City of Lancaster at the time reinstatement
occurs.