City of New Castle, PA Fire Civil Service Rules and Regulations

There shall be a Civil Service Board that shall provide for and oversee the examination of applicants for appointment to and promotion to any position in the Police Department or Fire Department, except to the position of Chief of Police or Fire Chief. The ultimate decision of whether or not to make an appointment or a promotion shall be made by City Council, and no appointment or promotion shall be made without having first passed all the examinations herein provided for and without having been appointed in the manner and according to the strict terms and provision and conditions of these civil service rules and regulations. Thus, there shall be one Civil Service Board for both fire and other uniformed positions in the City. However, the City will promulgate separate civil service rules and regulations for police and fire to better enforce and administer the civil service rules and regulations for the Police and Fire Department.

Board (primary). The Board shall consist of three board members who shall be qualified electors of the City and shall be appointed by the City Council initially to serve for the terms of two, three and four years, and as terms thereafter expire shall be appointed for terms of four years.

Any vacancy occurring on the Board (primary) for any reason whatsoever shall be filled by the City Council for the unexpired term.

Each member of the Board (primary) created by this subsection, before entering upon the discharge of the duties of his office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141 (relating to form of oaths of office), and file the same, duly certified by the officer administering it, with the City Administrator.

Board (alternate). City Council may appoint no more than three qualified electors of the City to serve as alternate members of the Board. The term of office shall be four years. An alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member, pursuant to Section 4403.1 of the Third Class City Code and outlined in Subsection (c)(3) of these civil service rules and regulations. Alternate members shall hold no other office in the City.

Each member of the Board (alternates) created by this subsection, before entering upon the discharge of the duties of his or her office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141 (relating to form of oaths of office).

Office incompatible with position of Board member.

No City officer, official or employee shall be eligible for appointment to the Civil Service Board.

Organization of Board: quorum.

The Board shall organize for the purpose of transacting all business immediately after the first appointment and thereafter as new appointments to the Board are made. After organizing, the Board shall appoint one of its members as its Chairperson, one as Vice Chairperson, and one as its Secretary.

Two members of the Board shall constitute a quorum and no action of the Board shall be valid unless it shall have the concurrence of at least two members.

If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially designated until the Board has made a final determination of the matter or case. Designation of an alternate shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

For purposes of hiring and promoting firefighters under these rules and regulations, each step of the hiring or promotional process requiring official action by the Board shall be considered a separate "matter or case" under Subsection (c), Organization of Board: quorum, above, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of primary Board members or alternate Board members, as the case may be, provided that the quorum requirement has been satisfied.

Duties of Chairperson.

The Chairperson or, in his or her absence, the Vice Chairperson, shall preside at all meetings and hearings of the Board, decide all points of order or procedure and perform all duties required by law including these rules and regulations, and be a voting member.

Duties of Vice Chairperson.

The Vice Chairperson shall act in the absence of the Chairperson in carrying out the duties of the Chairperson.

Duties of the Secretary.

The Secretary, a member of the Civil Service Board, under the direction of the Board shall handle all official correspondence of the Board; send out all notices required by law and these rules and regulations. The Secretary shall maintain a record of each examination or other official action of the Board, and perform all other duties required by law to include these rules and regulations.

Duties of Secretary (compensated).

The Board shall appoint a compensated Secretary or designated City Department, who is not a member of the Board, and prescribe the duties, and shall have the power to change these duties. The compensated Secretary or designated City Department shall be subject to removal at any time by the Board. The council shall establish the compensation, if any, to be paid to the compensated Secretary or City Department, and all necessary stationary and supplies for use of the Board shall be supplied by the City.

Meetings.

The Board shall hold an annual meeting during the month of February. All other meetings shall be held either at the call of the Chairperson or at the call of two members of the Board. Each Board member shall be notified in writing of each and every meeting. The Secretary of the Board shall give each Board Member at least twenty-four-hour notice, in writing, of each and every meeting of the Board. In all cases regarding meetings, including scheduling, the Board shall follow the provisions provided for in Sunshine Act of 1986, P.L. 388, No. 84, as amended,[1] and commonly known as the "Sunshine Law." The order of business for all meetings shall be as follows:

Roll call.

Public comments (agenda items).

Approval of previous meeting's minutes.

Communications and reports.

Unfinished business.

Hearing of cases.

New business.

Public comments (general).

Adjourn.

[1]

Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

Clerical assistance, legal counsel and supplies.

The governing body shall furnish the Board with such supplies and clerical assistance as may be necessary for the Board to fulfill its duties. The Civil Service Board may appoint legal counsel who shall be the attorney for the Board and shall advise the Board of all legal matters, including representation and advisement at all hearings on disciplinary proceedings. The City Council shall assist the Board with all reasonable and appropriate efforts including compensation for any legal counsel, examiners, or experts retained or appointed by the Board.

Rules and regulations/examinations.

No person or persons shall be appointed to any uniformed position in the Fire Department, except the Fire Chief, without having first passed all the examinations herein provided for and without having been appointed in the manner and according to the terms and provisions and conditions provided herein.

The Board shall prepare and adopt rules and regulations, subject to approval by City Council, which in the Board's discretion, are best adapted to securing and maintaining the best services for the public for the selection, appointment and promotion of persons who are qualified to perform the work which is subject to the civil service examinations, as provided herein, and who are to be employed, appointed or promoted by the City. The rules and regulations adopted by the Board shall provide for ascertaining and determining, so far as possible, the knowledge, skills, aptitude, mental and physical abilities, experience, education and character of all applicants as these criteria would reasonably apply to the respective positions; and the rules and regulations shall provide for examinations upon any and all subjects deemed proper or necessary by the Board for the purpose of determining the qualifications of applicants for the respective positions sought and for which application is made.

(k)

Appointment of examiners.

The Board shall appoint experienced and qualified written examination administrators, oral examination administrators and physical agility examination administrators to conduct appropriate examinations required by these rules and regulations.

The City Council shall have the responsibility to appoint the physical and psychological examiner, as outlined in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, Subsection (t), Physical and psychological medical examinations, of these rules and regulations.

The Civil Service Board shall not directly participate in any of the testing procedures but shall coordinate all of the hiring processes to assure compliance with these civil service rules and regulations.

(l)

Amendment of rules and regulations.

The Board may, either itself or upon recommendation by City Council, amend, revise, void or replace these rules and regulations for any reason by action of a majority of the Board. Before any changes to these rules and regulations become effective, those changes must be approved by City Council. These rules and regulations, and any amendments thereto, once approved, by the City Council, shall be made available to the public for distribution or inspection.

(m)

Minutes and records.

The Board shall keep minutes of its proceedings and records of examinations and other official actions. All records of the Board shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act of 1968, P.L. 961, No. 428, 53 P.S. § 9001, as amended.

(n)

Investigations.

The Board shall have the power to make investigations concerning all matters relating to the administration and enforcement of these rules and regulations. The Chairperson of the Board is authorized to administer oaths and affirmations for witnesses testifying in matters before the Board.

(o)

Subpoenas.

The Board shall have the power to issue subpoenas over the signature of the Chairperson, or his designee, to acquire the attendance of witnesses and the production of records and papers pertaining to matters before the Board, including any background investigation conducted pursuant to any applicable rules and regulations. Any fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expense of the Board.

If any person shall refuse or neglect to obey any subpoena, the Board may apply by petition to the Court of Common Pleas of Lawrence County, Pennsylvania, for its subpoena, requiring the attendance of such persons before the Board or the court to testify and to produce any records and papers as necessary, and in default, may be held in contempt of court and may be fined or imprisoned by the court as previously indicated.

(p)

Annual report.

The Board shall make an annual report to City Council containing a brief summary of its work during the year, and shall make a full accounting for any expenditure of public monies. The annual report shall be then available for public inspection.

§ 164.03 Part-time firefighter and full-time firefighter initial hirings: hiring process.

[12-19-2023 by Ord. No. 8456]

Hiring process defined.

The New Castle City collective bargaining agreement has authorized the hiring of part-time firefighters. All firefighters, including part-time firefighters, must be hired via the procedures set forth in these rules and regulations. However, it shall be the decision of City Council to authorize the Civil Service Board to develop a separate part-time firefighter eligibility list and hiring process, as described below and in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, in conjunction with developing a corresponding full-time firefighter eligibility list, as also described below and in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications. Moreover, regardless of whether City Council authorizes the creation of an eligibility list, the ultimate decision of whether to make an appointment from such eligibility list shall be in the sole discretion of City Council. Thus, City Council may authorize the Civil Service Board to start the process of developing an eligibility list for part-time firefighters, full-time firefighters or both, whose applicants shall meet the examination and hiring requirements as outlined in these civil service rules and regulations to be eligible to continue in the process, and it shall be the prerogative of City Council whether, at the conclusion of the examination/grading/eligibility list development process, to ultimately make an appointment from any Certified List of Three. Thus, in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, the word "full-time" can be substituted for the word "part-time," if used in that context, as the requirements are the same.

If two eligibility lists are authorized, as described above, candidates shall indicate on their application form if they are applying for a full-time firefighter position or part-time firefighter position or both.

The applicants shall, after having met the qualifications described herein, be placed on their respective eligibility list. Placement on the eligibility list alone creates no right to appointment, nor does the creation of an eligibility list mean that any appointment will necessarily be made.

If a candidate's name appears on both the full-time eligibility list and the part-time eligibility list and the candidate accepts a position as a part-time firefighter, their name shall be removed from the full-time firefighter eligibility list. However, a candidate on the part-time firefighter list who declines the position of a part-time firefighter, and their name is on the full-time firefighter eligibility list, may keep their name on the full-time firefighter eligibility list for future consideration as a full-time firefighter. In addition, once a candidate accepts the position of full-time firefighter from the full-time firefighter eligibility list, if their name appears on both eligibility lists, their name will be removed from the part-time firefighter eligibility list. In all cases, when a candidate's name is removed from any eligibility list, as indicated above, they will be notified in writing.

If City Council authorize the advertising for the development of a part-time firefighter and a full-time firefighter eligibility list, at the same time, the testing process and the development of the eligibility list for each, may be held simultaneously. Thus, the testing process ("general hiring requirements") outlined in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, Subsection (j), Examination and grading procedure, may be administered at the same time, to determine both eligibility lists. If City Council wishes for part-time and full-time examination processes to occur simultaneously, candidates for a full-time position or part-time position will be tested together in each component of the general hiring requirements and no candidate will be tested separately for a full-time or part-time entry level positions, unless City Council determines that the examination processes will occur separately.

Part-time firefighters who are hired from the initial eligibility list may be eligible for a promotion to full-time firefighter position, if they apply and meet the qualifications described in § 164.05, Promotion from part-time firefighter to full-time firefighter, Subsections (a), Application and qualifications, (f) Examination and grading procedure, and (g) Oral examination, of these rules and regulations in instances where City Council ultimately elects to make a promotion. The movement from part-time firefighter to full-time firefighter, under the provisions of these rules and regulations, shall be a promotion and the eligible candidates shall be subject to a merit selection process as outlined in these rules and regulations. While City Council may elect to promote part-time firefighters to full-time firefighters, full-time firefighter positions may also be filled with applicants to full-time firefighter positions. The decision of whether and how to fill full-time firefighter positions, whether via promotion as outlined in § 164.05 or via original appointment, shall be determined by City Council and in accordance with these rules and regulations.

(7)

Veteran's preference: An applicant for an entry-level position who is eligible for veteran's preference under the Veteran's Preference Act, as amended, shall be accorded an additional 10 points to their examination score and such score shall determine the individual's standing on any eligibility list developed or maintained. An applicant who qualifies for veteran's preference and is initially applying for the entry-level position for both part-time firefighter and full-time firefighter can initially claim veteran's preference for both positions. Further, if this applicant meets the qualification standards outlined in these rules and regulations, his/her veteran preference points can be added to both the full-time and part-time firefighter eligibility lists. However, as indicated above, once that applicant accepts a part-time firefighter's position, that applicant's name shall be removed from the full-time firefighter's eligibility list. Likewise, once that applicant accepts a full-time firefighter position, that applicant's name shall be removed from the part-time firefighter's eligibility list. Thus, veteran's preference can only be used once, in the appointment of an entry level firefighter position, from the Certified List of Three, as outlined in these rules and regulations, whether it be full-time or part-time.

§ 164.04 Part-time and full-time firefighters initial hirings: applications and qualifications.

[12-19-2023 by Ord. No. 8456]

Applications and qualifications.

Eligibility for examinations.

In order to be eligible for participation in the initial examinations for part-time firefighter and/or full-time firefighter position with the City of New Castle Fire Department, every applicant must submit a completed application form, either by mail or in person or by other means designated by the Board, to the Board or other offices or agencies designated by the Board and received by the deadline stated for that specific examination. The applicant must make an oath or affirmation that the application has been completed truthfully, and that the applicant is subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.

Discrimination.

The City of New Castle is an equal opportunity employer. It is City Council and the Board's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, lesbian, gay, bisexual, transgender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability, or any other basis prohibited by law. City Council and the Board will provide equal opportunities in employment and promotion.

Applications.

Application forms shall be available to all interested persons at City Building and from such other offices that the Board may choose to designate. Application forms may be mailed to a potential candidate upon written or telephone request. However, the Board assumes no responsibility for missing filing deadline dates due to a delay in the mails or for any other reason.

Age and residency requirements.

All applicants must have reached their 18th birthday before the deadline for submitting a completed application. Unless otherwise delineated under the terms of any applicable collective bargaining agreement, applicants, if selected, must obtain residency within a radius of 10 miles of the Central Fire Station and become a resident of the City within six months after the completion of the probationary period. In addition, no firefighter, after nine years of seniority, shall be required to be a resident of the City of New Castle to remain eligible for employment.

General qualifications.

Every applicant for any position in the New Castle City Fire Department must possess the following initial qualifications:

A diploma from an accredited high school or a graduate equivalency diploma (GED).

Be a United States citizen.

Be physically and mentally fit to perform the essential duties of a firefighter for the City of New Castle Fire Department as determined by the physical and psychological testing.

Be licensed to legally operate a motor vehicle in the Commonwealth of Pennsylvania.

Public notice: notification.

The Board shall conspicuously post in the New Castle City Building, or other conspicuous locations, an announcement of the hiring and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained for the examination, and the deadline for filing those applications. At least two weeks prior to the initial examination for full-time and part-time firefighter, publication of the notice shall be placed in at least one newspaper of general circulation in the City of New Castle.

The City Administrator, or other designated person, shall give, in writing, to each applicant qualified for the next step in the examination process, if applicable, a notice which shall include the date, time and place the applicant shall report for the next examination in the process. In the case of physical and psychological examinations, the City Administrator, or other designated person, shall notify the firefighter candidate who has been conditionally offered a position in the Fire Department by a written notice of the date, time and place of the examination as well as the name of the physical and psychological examiners.

Every such notice shall be mailed or otherwise delivered at least seven days prior to the date fixed for examination. Only applicants receiving notices to report for any examination shall be permitted to participate in such examination, and each applicant shall present his or her notice to the examiner before he or she shall be examined. Failure to report for an examination in accordance with the instructions contained in the written notice shall disqualify the applicant, except that in the case of a physical or psychological examinations, the physician and psychologist designated in the notice may fix another date or time for such examination (firefighter); provided, however, that any such date or time shall be rescheduled, to the greatest extent reasonably possible, within the period of at least seven days of the date and time established in the written notice.

Recording and filing applications.

Applications for positions of full-time firefighter and part-time firefighter shall be received at the City Building or other offices or agencies designated by the Board, only after the firefighter position(s) have been properly advertised and before the deadline for receiving the applications, which must be set forth in the advertisement. That person(s) shall record the receipt of all applications, indicating the time and date received and shall advise each applicant with notice of the time and place for the first portion of the testing process. A nonrefundable application fee, determined by the Board, will be required to be paid, by the applicant, at the time the application is submitted. If the City advertises for full-time firefighter and part-time firefighter, at the same time, and the applicant applies for both positions, the applicant will only be required to pay one application fee. No new applications or amended applications or supporting documents will be accepted after the advertised closing time and date.

Penalty for false statement: The statements made by the applicant in the official application shall contain no falsification, omissions or concealment of material fact. Should any investigation disclose any material misstatement, omission, falsification or concealment with respect to an application, the following shall apply:

The application shall be invalid, and the applicant shall be disqualified from examination; or

If the applicant has been examined, the name of such applicant shall be removed from the eligibility list; or

If the applicant has been appointed, such material misstatement, falsification or concealment shall constitute grounds for dismissal from the New Castle City Fire Department.

No person who has made a material false application shall be permitted in the future to be an applicant for any position in the New Castle City Fire Department.

Rejection of applicant.

The Board may refuse to examine, or, if examined, may refuse to certify as eligible after examination, any applicant who is found to lack any of the minimum qualifications for examination prescribed in these rules and regulations for the particular position for which the applicant has applied. In addition, the Board may refuse to examine, or if examined, may refuse to certify any applicant who is:

Found to have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the hiring process;

Physically unfit for the performance of the essential duties of the position of which the candidate seeks employment;

Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802);

Guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct of office;

Affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitution and laws of the United States and the Commonwealth of Pennsylvania;

Found to have engaged in misconduct, such as but not limited to any conduct which would constitute a violation of any law of this commonwealth, ordinance or policy of the city, or regulation, policy, or standard operating procedure of the department.

Hearing for disqualified applicants.

Any applicant or other persons who believe that they are aggrieved by the actions of the Board, in refusing to examine or to certify them as eligible after examination, may request a hearing before the Board, within 10 days of receiving written notice of what is perceived as the alleged error. Within 10 days after such request, the Board shall designate a time and place for the hearing which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., with or without counsel, at which time the Board shall take testimony and review its refusal to provide examination or certification.

The deliberations of the Board, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The Board's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A. Chapter 7 (relating to open meetings). The decision of the Board shall be final.

Examination and grading procedure.

General examination requirements.

The examination for full-time firefighter and part-time firefighter shall consist of a physical agility test, written examination, oral examination, and background investigation. The written examination and the oral examination will be graded individually on a 100% scale. The written examination will represent 75% of the final score. The oral examination will represent 25% of the final score. The physical agility test and the background investigation will be graded pass/fail. The Board shall appoint experienced written examination, oral examination, and physical agility examination administrators to conduct appropriate examinations required by these rules and regulations.

The testing process will be as follows:

Physical agility test: Those candidates passing the physical agility test, as outlined in Subsection (k), Physical agility testing, will qualify to take the written examination. Note: At the discretion of the Civil Service Board, the written examination may precede the physical agility testing.

Written examination: Those candidates passing the written test as outlined in Subsection (1), Written examination, will qualify for the oral examination.

Oral examination: Those candidates passing the oral examination, as outlined in Subsection (m), Oral examination, will then be placed on the eligibility list, after those qualifying for veteran's preference points, as outlined in Subsection (n), Veterans' preference points, have been awarded those preference points.

Background investigation: Prior to being considered for appointment on the Certified List of Three the applicant will undergo a complete background investigation as outlined in Subsection (r), Background investigation. Although a requirement, only a sufficient number of top scoring candidates necessary for consideration, as determined by the Civil Service Board will need to have a background investigation performed.

Thus, any individual appearing on either initial eligibility list (full-time or part-time) is subject to background investigation and no one will be certified as eligible on the Certified List of Three until they have successfully completed a background investigation and received a written recommendation that the applicant is appropriate for consideration in accordance with Subsection (s), Appointment procedure, of these rules and regulations.

(k)

Physical agility testing.

An applicant for the entry level position of full-time firefighter and/or part-time firefighter shall meet the physical agility requirements, in accordance with the criteria established by the Board or other agencies designated by the Board. The physical agility test components shall be job-related and designed to evaluate applicants' ability to successfully complete actual tasks which firefighters perform on the job. In all cases, candidates shall be provided with the physical agility requirements prior to the time of physical agility testing.

Applicants who have either successfully passed, or failed the physical agility test will be so notified by the Board within 30 days.

(l)

Written examination.

The written examination shall be graded on a 100-point scale, and an applicant must score 70% or higher in order to continue in the application process. Applicants scoring less than 70% shall be rejected. The written test shall be a validated test administered by a qualified test administrator as determined by the Board. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and passing applicants shall be scheduled for an oral examination appointment.

(m)

Oral examination.

Every applicant who scored 70% on the written examination shall be given an oral examination. The oral examination will be graded on a 100-point scale with a score of 70% or higher necessary for passing. The oral examination shall involve questioning applicants on how they would handle situations relevant to firefighter work. Within 30 days after the applicants' oral examination, they shall be informed of the score in their oral examination and total overall score.

(n)

Veterans' preference points.

Pursuant to the Veterans' Preference Act, any applicant for the position of full-time firefighter or part-time firefighter who qualifies for preference under this Act shall receive an additional 10 points on top of their final score if that applicant qualifies under Subsections (j), Examination and grading procedure, (k), Physical agility testing, (l), Written examination, and (m), Oral examination, of these rules and regulations. Applicants claiming veteran's preference shall have submitted satisfactory proof of service and honorable discharge with their application form.

(o)

Eligibility list and background investigation.

Creation of eligibility list.

At the completion of the examination requirements set forth in Subsections (j), Examination and grading procedure, (k), Physical agility testing, (l), Written examination, and (m) Oral examination, that includes the physical agility test, the written examination and the oral examination, the Board shall rank all passing candidates on the eligibility list. The applicants having received the highest score shall be at the top of their respective lists, with all other candidates being listed in descending order of their scores. Applicants who qualify for veteran's preference points, as outlined in Subsection (n), Veterans' preference points, shall have those 10 points added to their final score prior to being ranked on the eligibility list.

In the case of tied scores, the tie will be broken by giving preference to the applicant who received the highest score on the written test. In the event the qualifying applicant received identical scores, the order of listing shall be determined by the order in which they were numbered for recording purposes as set forth in Subsection (g), Recording and filing applications.

Any individual appearing on the eligibility list, as described above, is subject to a background investigation and no one will be certified in accordance with Subsection (r), Background investigation, of these rules and regulations until they have successfully completed these investigations and received a written recommendation that the applicant is appropriate for consideration in accordance with Subsection (s), Appointment procedure, of these rules and regulations.

(p)

Duration of eligibility list.

The eligibility list shall be maintained for a period of two years or until a new list is certified to City Council, whichever occurs first and are public records. There is no requirement that any appointment be made from any eligibility list prior to its expiration. The decision of whether or not to ultimately make an appointment is at the sole discretion of City Council.

(q)

Review of eligibility list.

The eligibility list shall be annually examined by the Board for the purpose of deleting therefrom persons who are permanently unavailable for or disqualified for the position of full-time firefighter and/or part-time firefighter, either by death, permanent removal of the area, written desire to be removed therefrom, or from other permanent cause. The Board shall, by every reasonable cause, get a written notice from the candidate removed from the list and provide a notice to that candidate, in writing that the candidate will no longer be considered for the position.

(r)

Background investigation.

The Board shall request the Chief of Police or the Chief's designee, who will consult with the Fire Chief, to conduct a background investigation on the top scoring eligible applicants, as determined by the Civil Service Board, prior to inclusion on the Certified List of Three of those eligible as set forth in Subsection (s), Appointment procedure, of these rules and regulations.

The background investigation must be consistent for each applicant and the Chief of Police or his/her designee may utilize the specific requirements of the MPOETC, at a minimum, in conducting the background investigation for a firefighter. The applicant may be interviewed directly when the information collected requires clarification or further explanation. The Chief of Police or his/her designee may use his/her own discretion in the expansion or contracting of these items and time frames.

After the background investigation is completed, the Chief of Police, or the Chief's designee, shall make a written recommendation to the Board on whether the applicant is appropriate for consideration for appointment as a firefighter for the City of New Castle.

The recommendation by the Chief of Police, or the Chief's designee, shall be based on the criteria set forth in Subsection (h), Rejection of applicant, of these rules and regulations and on any other relevant information developed during the background investigation. This report to the Board shall be in writing and in compliance with the Americans with Disabilities Act[1] and must not include any physical history information on a candidate. If the recommendation is to disqualify, then a detailed, written explanation of the reasons for disqualification must be included. The Board shall then make a final determination on whether additional information is required or if the information collected and reported warrants acceptance or rejection of the candidate.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Within 30 days after the Board considers the recommendation based on the background investigation, each applicant shall be notified as to whether they have passed or failed this portion of the examination process.

(s)

Appointment procedure.

Appointing authority.

Furloughed firefighters shall be given first consideration for reemployment, prior to any other hiring procedure and shall be reinstated in order of their seniority in the Fire Department as outlined in § 164.07, Suspensions, removals and reduction in rank: furloughs, Subsection (e), Furloughs, of these rules and regulations.

Except as provided above and below (veterans preference), the following appointment procedure will be separately followed when hiring a firefighter from the full-time eligibility list or the part-time eligibility list:

The Board shall furnish to Council a copy of all lists so prepared and kept.

Whenever City Council determines that a vacancy in the Fire Department exists for the position of full-time firefighter or part-time firefighter (separate eligibility lists) and that appointment to such a vacancy may be appropriate, the City Council shall make written application to the Chair of the Board, who shall certify to the City Council, in writing, the three names on the relevant eligibility list, Certified List of Three, but if there be less than three eligible names on the respective list, the Board shall certify those names. The existence of a vacancy, and the decision of whether or not to fill a vacancy via appointment from the Certified List of Three, shall be determined in the sole discretion of City Council. No applicant is guaranteed appointment purely due to the existence of a vacancy or due to their name being on the Certified List of Three.

The City Administrator shall nominate to the City Council a person on the relevant certified list as stated above, a candidate to fill the position.

If the City Council elects to fill the vacancy and approves the nomination, the person nominated shall be conditionally appointed by Council to fill the vacancy.

If the City Council does not approve the nomination, then the City Administrator shall submit another nomination for the position from the remaining names, if any, for a conditional appointment.

If the nomination is not approved by the City Council, the City Administrator shall submit the third name, if any, for a conditional appointment.

If City Council elects to ultimately fill the vacancy via appointment, the person whose nomination by the City Administrator is approved by the City Council shall be appointed to fill the relevant firefighter position upon successfully passing a medical and psychological examination as outlined in Subsection (t), Physical and psychological medical examinations, of these civil service rules and regulations.

The name of the person so appointed shall be immediately stricken from the relevant eligibility list of the Board and the names of the rejected persons shall immediately be restored to their proper place on the eligibility list.

Veterans preference: The exception to the above procedure is when a qualified veteran or a qualified surviving spouse or spouse of a disabled veteran is on the Certified List of Three, (part-time or full-time eligibility list) in which case the City Administrator shall submit the veteran's name or the name of the applicant who is the surviving spouse or spouse of a disabled veteran to the City Council who, if it ultimately elects to make an appointment, shall appoint that veteran or surviving spouse or spouse of a disabled veteran, conditioned upon successfully passing a medical and psychological examination. If two or more of the names on the Certified List of Three are veterans or surviving spouses or spouses of a disabled veteran, the City Administrator shall have the discretion to submit one of those names to the City Council who, if it elects to make an appointment, shall appoint that veteran or surviving spouse or spouse of a disabled veteran, conditioned upon successfully passing a medical and psychological examination. While City Council must, in these circumstances, appoint the veteran or surviving spouse or spouse of a disabled veteran if an appointment is to be made, there is no requirement that City Council make any appointment and the decision of whether or not to make an appointment at all shall be at the sole discretion of City Council.

(t)

Physical and psychological medical examinations.

If the City Council selects a candidate from the Certified List of Three for appointment to the vacant position, that candidate shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist.

The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Council and shall render an opinion within a reasonable degree of medical certainty as to whether the conditional appointee has physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.

Drug testing shall be included as one component of the requirements. In addition, the respective examiners will be given a copy of the job description and the essential functions of the job for performing the duties of firefighter. The completed forms will be certified by the examining physician(s) indicating that the candidate is physically or psychologically fit, as the case may be, to perform the essential duties of a firefighter and as outlined below. The completed forms shall be confidential and submitted to the appropriate City official for disposition.

If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, the City Administrator, or the City Administrator's designee, shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

If, at the conclusion of the interactive discussion the City Administrator determines that the conditional appointee is not qualified, City Administrator shall give written notice to the conditional appointee, the City Council and the Board of that decision. This written notice shall also notify the conditional appointee of their right to appeal the Council's decision to the Board within 10 working days from the date of the written notice.

The rejected candidate may appeal this decision under Subsection (i), Hearing for disqualified applicants, of these rules and regulations. If the candidate fails to timely exercise the rights of appeal, or if the Board declines to uphold the appeal, the Board shall strike the name from the eligibility list and certify the next highest name for inclusion on the Certified List of Three.

(u)

Probationary period.

Every successful applicant for the position of firefighter shall serve a twelve-month probationary period. For newly hired firefighters, the probationary period will begin on the first day the new firefighter reports for work. During this probationary period, a newly hired firefighter may be dismissed for cause for the reasons set forth in Subsection (h), Rejection of applicant, of these rules and regulations, or because of incapacity for duty due to the use of alcohol or drugs. In addition, a probationary firefighter may be dismissed, if the probationary firefighter does not meet the essential requirements or expectations of the position and the reasons therefor are accurately documented.

During the probationary period, the Fire Chief shall monitor and review the progress of the probationer in order to further determine the probationer's qualifications for permanent employment and the Fire Chief shall report to City Council regarding the performance and conduct of the probationer at least once during each consecutive three-month period of the probationary employment. In addition to all other requirements, the probationer shall, during this period, be required to satisfactorily complete a field training and evaluation program developed and administered by the Fire Chief or the Chief's designee.

The Fire Chief shall submit to the City Council a written, final probationary report, not less than 10 days nor more than 15 calendar days before the next regular meeting of the City Council, immediately preceding the end of the probationary period. Within five calendar days after receiving a probationary report, if the conduct of the probationer has not been satisfactory to City Council, the probationer shall be notified in writing by the City Administrator that the appointment will not be permanent. Following receipt of this notification by the probationer, a newly hired firefighter's employment shall end. Any probationer who is notified in writing by the City Council, prior to completion of the twelve-month probation period, that his appointment will not be made permanent, has no rights of appeal under these rules and regulations.

The City Administrator shall notify the Board, in writing, of its decision to retain or remove the probationer of such decision within five calendar days and in no event beyond the last day of the probationary period.

At the end of the twelve-month probationary period, if the probationer is not notified or dismissed in accordance with this section, a newly hired firefighter shall receive permanent status within the Fire Department.

§ 164.05 Promotion from part-time firefighter to full-time firefighter.

[12-19-2023 by Ord. No. 8456]

Application and qualifications.

Eligibility for examinations.

Part-time firefighters initially hired under the provisions of these rules and regulations who meet the requirements of these civil service rules and regulations may be eligible for a full-time firefighter's position. For the purpose of these rules and regulations the movement from a part-time firefighter to full-time firefighter shall be considered a promotion. While City Council may elect to promote part-time firefighters to full-time firefighters, full-time firefighter positions may also be filled with applicants to full-time firefighter positions. The decision of whether and how to fill full-time firefighter positions, whether via promotion as outlined in § 164.05 or via original appointment, shall be determined by City Council and in accordance with these rules and regulations. Promotion from part-time firefighter to full-time firefighter shall be subject to the following qualifications:

If City Council shall determine, in their discretion, to appoint/promote to a full-time firefighter position, all employed part-time firefighters to be eligible for promotion to a full-time firefighter position shall not have received a formal written reprimand for one year prior to the deadline for submitting application. Such restrictions also include that they have not been suspended without pay at any time one year prior to the deadline for submitting an application. Any formal written reprimand or suspension to which the applicant has timely appealed pursuant to a grievance procedure of these rules and regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.

All applicants shall have continuous prior service with the New Castle City Fire Department as follows:

(A)

An applicant for the promotion from part-time firefighter to full-time firefighter shall have at least one year of service with the Department. This may include their probationary period outlined in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, Subsection (u), Probationary period, of these rules and regulations.

(B)

The probationary period, as outlined in § 164.04, Part-time and full-time firefighters initial hirings: applications and qualifications, Subsection (u), Probationary period, shall be waived if no other part-time firefighters qualify for promotion to full-time firefighter, as described above.

(C)

If a probationary part-time firefighter is promoted to full-time firefighter as described above, that appointed full-time firefighter will be required to serve a one-year probationary period, as a full-time firefighter, and be subject to the probationary requirements of these rules and regulations.

Discrimination.

The City of New Castle is an equal opportunity employer. It is City Council's and the Board's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability. City Council and the Board will provide equal opportunities in promotions to ranking positions.

Notification.

At least two weeks prior to the close of the application period, publication of a notice outlining the qualifications for the position, and requesting application forms, to apply for the position, shall be conspicuously posted in the Fire Department and the City Administrator's office. At the discretion of the Civil Service Board, the Board may receive documentation from the City of those eligible for a promotional exam and may notify them, in writing, of the notice and the deadline for filing applications. It is important that all applicants that meet the qualifications for promotion from part-time firefighter to full-time firefighter be notified by the City Administrator or other individual designated by the Board.

The City Administrator, or other designated person, shall give, in writing, to each applicant qualified for the next step in the examination process, a notice which shall include the date, time and place the applicant shall report for the next examination in the process.

Rejection of applicant.

Found to have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the promotional process;

Physically unfit for the performance of the essential duties of the position for which the candidate seeks employment;

Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802);

Guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct of office;

Affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitution and laws of the United States and the Commonwealth of Pennsylvania.

Hearing for disqualified applicants.

Any applicants or other persons who believe that they are aggrieved by the actions of the Board, in refusing to examine or to certify them as eligible after examination, may request a hearing before the Board, within 10 days of receiving written notice of what is perceived as the alleged error. Within 10 days after such request, the Board shall designate a time and place for the hearing which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., with or without counsel, at which time the Board shall take testimony and review its refusal to provide examination or certification.

Examination and grading procedure.

General examination requirements. The examination for the promotion from part-time firefighter to full-time firefighter shall include an oral examination, which will be graded on a 100-point scale. The Board shall appoint experienced written examination, oral examination, and physical agility examination administrators to conduct appropriate examinations required by these rules and regulations.

Oral examination.

An applicant must score at least 70% to qualify and continue in the application process. Any applicant who scores less than 70% will be disqualified. The oral examination shall involve questioning applicants on fire-oriented issues, including how they would handle situations relevant to fire work. Within 30 days after the administration of the oral they shall be informed of the score in their oral examination.

Eligibility list and appointment procedure.

Creation of eligibility list.

At the successful completion of the examination requirements set forth in Subsections (f), Examination and grading procedure, and (g), Oral examination, the Board shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list.

In the case of tied scores, the order of listing shall be determined by the earliest application received.

Duration of the eligibility list.

Appointment procedure.

For promotion from the position of part-time firefighter to full-time firefighter, the position shall be filled only in the following manner:

The Board, after having established an eligibility list, will furnish to the City Administrator a copy of the eligibility list for positions that shall have included only those that have passed all of the components of the testing processes as outlined above.

Whenever City Council determines that a vacancy in the Fire Department exists for the position of full-time firefighter and that appointment via promotion to such a vacancy may be appropriate, City Council shall notify the Civil Service Board of a civil service vacancy promotional position and request the names of the top three candidates on the eligibility of the respective promotional list (Certified List of Three).

The Board shall then certify the top three candidates on the respective eligibility list that have received the highest average in the last preceding promotional exam held within the period of two years preceding the date of the request for the eligibility list.

If three names are not available, then the Board shall certify the name(s) remaining on the list.

If City Council determines that appointment via promotion is appropriate/desirable, it shall make an appointment from one of the three names certified with sole reference to the merits and fitness of the candidates. The name of the candidate appointed shall be immediately stricken from the Certified List of Three or a lesser number if three names are not on the certified list. The names of the nonappointed candidates shall then immediately be restored to their proper place on the certified list and an additional candidate, with the highest score on the eligibility list, shall be elevated to the Certified List of Three, if qualified names remain on the eligibility list.

Probationary period.

Every successful applicant for the promotional position of full-time firefighter within the Fire Department shall serve a twelve-month probationary period. The probationary period will begin on the first day the promoted officer reports to work as full-time firefighter.

A promoted full-time firefighter, during probation, may be returned to the rank from which he was promoted, for cause for the reasons set forth in Subsection (d), Rejection of applicant, of these rules and regulations, because of incapacity for duty due to the use of alcohol or drugs.

In addition, a probationary full-time firefighter may be returned to the position of part-time firefighter, if the probationary full-time firefighter does not meet the requirement expectations of the position and documentation is accurately noted. Depending on the severity of the reasons, as listed in Subsection (d), Rejection of applicant, a probationer may be recommended for suspension or removal from service.

The Fire Chief shall submit to City Council a written, final probationary report, not less than 10 days nor more than 15 calendar days before the next regular meeting of the City Council, immediately preceding the end of the probationary period. Within five calendar days after receiving a probationary report, if the conduct of the probationer has not been satisfactory to City Council, the probationer shall be notified in writing by the City Administrator that the appointment will not be permanent. Following receipt of this notification by the probationer, the probationary full-time firefighter will be returned to his/her position of part-time firefighter, for the City.

Any probationer who is notified in writing by the City Administrator, prior to completion of the twelve-month probation period, that his appointment will not be made permanent, has no rights of appeal under these rules and regulations.

The City Administrator shall notify the Board, in writing, of its decision to retain or remove the probationer within five calendar days and in no event beyond the last day of the probationary period.

(7)

At the end of the twelve-month probationary period, if the probationer is not notified in accordance with this section, the probationer shall receive permanent status as a full-time firefighter within the Fire Department.

§ 164.06 Promotions (ranking positions).

[12-19-2023 by Ord. No. 8456]

Application and qualification.

Eligibility for examination.

All applicants for a promotional ranking position, except Fire Chief, shall not have received a formal written reprimand for one year prior to the deadline for submitting applications and shall not have been suspended without pay for more than five days in the three years prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a contractual grievance procedure, or these rules shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.

At the time of application, all applicants for the following promotional (ranking positions) shall have had continuous prior service as a full-time firefighter with the City of New Castle Fire Department as follows:

An applicant for the position of Fire Lieutenant shall have at least five years of continuous prior service as a full-time firefighter with the City of New Castle Fire Department.

An applicant for the position of Fire Captain shall have at least three years of continuous prior service as a Fire Lieutenant with the City of New Castle Fire Department.

Discrimination.

The City of New Castle is an equal opportunity employer. It is City Council's and the Board's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, lesbian, gay, bisexual, transgender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability. City Council and the Board will provide equal opportunities in employment and promotion.

Notification.

For promotions, at least two weeks prior to the close of the application period, publication of a notice outlining the qualifications for the position, and requesting application forms, to apply for the position, shall be conspicuously posted in the Fire Department and the City office. At the discretion of the Civil Service Board, the Board may receive documentation from the City of those eligible for a promotional exam and may notify them, in writing, of the notice and the deadline for filing applications. It is important that all applicants that meet the qualifications for promotion be notified by the City Administrator or other individuals designated by the Board.

Rejection of applicant.

Found to have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the promotional ranking process;

Physically unfit for the performance of the essential duties of the position of which the candidate seeks employment;

Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802);

Guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct of office;

Affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitution and laws of the United States and the Commonwealth of Pennsylvania.

Hearing for disqualified applicants.

Examination and grading procedure.

General examination requirements.

The examination for the positions of each promotional ranking position shall include a written examination and an oral examination, which will be graded on a 100-point scale with the written examination representing 60% of the final score, the oral examination representing 40%. The Board shall appoint experienced written examination, oral examination, and physical agility examination administrators to conduct appropriate examinations required by these rules and regulations.

Every applicant for promotion who has satisfied all of the written examination requirements, as stated above, shall be given an oral examination. An applicant must score at least 70% to qualify and continue in the application process. Any applicant who scores less than 70% will be disqualified. The oral examination shall involve questioning applicants on fire-oriented issues, including how they would handle situations relevant to fire work for the position to which they are applying. In addition to the tests scores, and in compliance with International Association of Firefighters Collective Bargaining Agreement with the City, 1/4 of a point will be awarded for each year in grade. Within 30 days after the administration of the oral examination, the applicant for promotion shall be given written notice of their examination results.

Written examination.

The written examination shall be graded on a 100-point scale. An applicant must score at least 70% to be eligible for the oral exam and continue in the promotional process. Applicants who score less than 70% shall be disqualified. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their examination results.

Oral examination.

Every applicant who has satisfied all of the written examination requirements provided in Subsection (f), Examination and grading procedure, and (g), Written examination, shall be given an oral examination. An applicant must score at least 70% to qualify and continue in the application process. Any applicant who scores less than 70% will be disqualified. The oral examination shall involve questioning applicants on fire-oriented issues, including how they would handle situations relevant to fire work for the position to which they are applying. Within 30 days after the administration of the oral they shall be informed of the score in their oral examination and total overall score.

Eligibility list and appointment procedure.

Creation of eligibility list.

At the completion of the examination requirements set forth in Subsection (g), Written examination, the Board shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list.

In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname.

Duration of eligibility list.

The eligibility list shall be maintained for a period of two years or until a new list is certified to City Council, whichever occurs first and are public records. There is no requirement that any appointment/promotion be made from any eligibility list prior to its expiration. The decision of whether or not to ultimately make an appointment/promotion is the sole province of City Council.

(k)

Appointment procedure.

All promotional ranking positions in the Fire Department, except the Fire Chief shall be filled only in the following manner:

The Board, after having established an eligibility list, furnish to the City Administrator, a copy of the eligibility list for all promotion positions that shall have included only those that have passed all of the components of the testing processes as outlined above.

Whenever City Council determines that a vacancy in the Fire Department exists for a promotional position and that promotion of a candidate to fill such vacancy may be appropriate, the City Administrator shall notify the Civil Service Board of a civil service vacancy promotional position and request the names of the top three candidates on the eligibility of the respective promotional list (Certified List of Three).

The Board shall then certify the top three candidates on the respective promotional list that have received the highest average in the last preceding promotional exam held within the period of two years preceding the date of the request for the eligibility list.

If three names are not available, then the Board shall certify the name(s) remaining on the list.

If City Council determines in their discretion to ultimately make a promotion, the City Administrator shall make an appointment from one of the three names certified with sole reference to the merits and fitness of the candidates.

At the time of appointment of a promotional position, the City Administrator shall notify City Council of such appointment.

The name of the candidate appointed shall be immediately stricken from the Certified List of Three or a lesser number if three names are not on the certified list. The names of the nonappointed candidates shall then immediately be restored to their proper place on the certified list and an additional candidate, with the highest score on the eligibility list, shall be elevated to the Certified List of Three, if qualified names remain on the eligibility list.

(l)

Probationary period.

Every successful applicant for the promotion to a ranking position, except that of the Fire Chief, within the Fire Department, shall serve a twelve-month probationary period. The probationary period will begin on the first day of the promotion to the respective ranking position.

A full-time firefighter promoted to a ranking position, during probation, may be returned to the position from which they were promoted, for cause for the reasons set forth in Subsection (d), Rejection of applicant, of these rules and regulations or because of incapacity for duty due to the use of alcohol or drugs.

In addition, a probationary ranking firefighter, except the Fire Chief, may be returned to their previous position, if the probationary ranking firefighter does not meet the requirement expectations of the position and documentation is accurately noted. Depending on the severity of the reasons, as listed in Subsection (d), Rejection of applicant, a probationer may be recommended for suspension or removal from service.

The Fire Chief shall submit a written, final probationary report, to City Council, not less than 10 days or more than 15 calendar days before the next regular meeting of the City Council, immediately preceding the end of the probationary period, at which official action shall be taken. Within five calendar days after receiving a probationary report from the Fire Chief, if the conduct of the probationer has not been satisfactory to City Council, the probationer shall be notified, in writing, by the City Administrator that the appointment will not be permanent and the ranking probationary will be returned to his/her previous position.

(7)

(8)

At the end of the twelve-month probationary period, if the probationer is not notified in accordance with this section, the probationer shall receive permanent status in their respective promotional ranking position.

(m)

Fire Chief.

Appointment of Fire Chief. The Fire Chief shall be designated by the Mayor, by and with approval and consent of City Council, from within the ranks and may be demoted without cause in the same manner, but not to any rank lower than the rank which was held at the time of designation as Fire Chief. In the event that no qualified officer from within the ranks has applied for such designation, the Fire Chief shall be designated by the Mayor, by and with approval and consent of City Council, from without the ranks. (Note: As defined in Article 145 of the Third Class City Code.)

§ 164.07 Suspensions, removals and reduction in rank: furloughs.

[12-19-2023 by Ord. No. 8456]

Grounds for disciplinary action.

Any firefighter subject to the civil service provisions herein shall be subject to suspension, discharge and discipline by City Council for misconduct or violation of any law of the commonwealth, ordinance of the City, or regulations of the Department.

No firefighter, including Fire Chief or ranking officer, shall be discriminated against by being removed, censured or reprimanded for any religious, racial or political reasons, or any other basis prohibited by law.

Hearings on suspension, removal or reduction in rank.

Any firefighter aggrieved by the suspension, discharge or discipline imposed by the department director, more serious than a suspension of three days without pay, may request a hearing before the City Council, or by the Civil Service Board, if designated by ordinance.

At the hearing, the firefighter may be represented by counsel.

Appeal procedure.

Any firefighter aggrieved by the decision of the Council or the Civil Service Board shall have the right to appeal in accordance with 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of local agency action).

This review shall be exclusive.

Where no such appeal is taken within the time prescribed by law, the decision of the City Council or the Civil Service Board shall become final in accordance with the law.

The issue before the court shall be whether the action of the Council or the Civil Service Board shall be affirmed or modified in any respect or whether the charges should be dismissed or whether the suspension or demotion made by the director shall be affirmed or rescinded. Where a firefighter has been suspended and the charges are dismissed or the suspension rescinded on appeal, the firefighter shall receive full compensation for the entire period of suspension.

Election of remedies.

Where a firefighter who is a member of the bargaining unit is subject to suspension, discharge or discipline, the firefighter shall have the option of challenging the suspensions, discharge or discipline imposed, by selecting the due process procedure outlined above or by a proceeding with grievance arbitration as outlined in the collective bargaining agreement. A choice to proceed either by the due process outlined above or by grievance arbitration shall foreclose the opportunity to proceed in the alternative method.

Furloughs.

If it should become necessary to reduce the number of firefighters in the Fire Department for purposes of economy, seniority rights shall prevail, and any and all removals for such cause or causes shall be from the members last appointed, and the member or members serving the shortest time shall be removed first; but members with longer times of service may be discharged for cause. However, for these purposes only, the seniority of a firefighter who meets the qualifications of a "veteran" under the Veteran's Preference Act or who is the surviving spouse or spouse of a disabled veteran shall be determined by adding the veteran's total years of service with the Department to the veteran's total years of service as a member of the Armed Forces of the United States, including a reserve component or National Guard, during any period of war or armed conflict in which the United States engaged other than for periods of active duty training.

In the event that the Mayor and City Council decide to increase the size of the Fire Department officer personnel, the furloughed firefighters shall be reinstated in order of their seniority in the Fire Department. Firefighters notified of reinstatement must accept reinstatement within 30 days of receipt of such notice, otherwise such firefighters shall be deemed to have waived any right to reinstatement.

§ 164.08 Revocation/severability.

[12-19-2023 by Ord. No. 8456]

Revocations/repeal of prior rules and regulations. These fire civil service rules and regulations shall become effective upon the approval of same by the Mayor and City Council, whereupon all prior rules and regulations of the commission shall be revoked and repealed.