[12-19-2023 by Ord. No.
8456]
Unless otherwise specifically stated, the following words and
phrases, wherever used in this article, shall be construed to have
the meaning indicated herein:
APPLICANT
Any individual who applies in writing to the Board in response
to a legally advertised notice of a vacancy and/or examination for
any position in the Fire Department.
BACKGROUND INVESTIGATION
An investigation of a firefighter applicant conducted after
the eligibility list has been posted, but prior to inclusion on the
Certified List of Three.
BOARD
The Civil Service Board of the City of New Castle, Lawrence
County, Pennsylvania, appointed by the City Council.
BOARD MEMBER (ALTERNATE)
An individual appointed by the City Council to serve as an
alternate member of the Civil Service Board. When designated to act
as a voting alternate Board member under these rules and regulations,
a properly appointed alternate Board member shall have all the same
powers and duties as a primary appointed Board member set forth in
the Third Class City Code and as outlined in these rules and regulations.
BOARD MEMBER (PRIMARY)
An individual appointed by the City Council to serve as a
primary Board member of the Civil Service Board with traditional duties
as set forth in the Third Class City Code and as outlined in these
civil service rules and regulations.
CERTIFIED LIST OF THREE
The submission to City Council pursuant to a request of top
three names taken from the eligibility list developed by the Civil
Service Board.
CHAIRPERSON
The Chairperson of the Civil Service Board of the City of
New Castle, Pennsylvania.
CITY COUNCIL
The City Council of New Castle, Pennsylvania, including the
Mayor, and the appointing authority when designated under the provisions
of these civil service rules and regulations.
ELIGIBILITY LIST
The list of names of persons who have passed all tests and/or
examinations, except for the physical and psychological tests and/or
examinations, for a particular position in the Fire Department, unless
otherwise indicated.
ELIGIBLE
A person whose name is recorded on a current eligible list
or furlough list.
EXAMINATIONS
The series of tests and/or examinations given to candidates
to determine their qualifications for a position in the Fire Department.
FIRE CHIEF
A firefighter who is appointed by the Mayor, by and with
approval and consent of City Council, and not appointed under the
provisions of the civil service rules and regulations.
FIREFIGHTER
Any qualified firefighter serving in the Fire Department,
except as specifically noted.
FULL-TIME FIREFIGHTER
A qualified firefighter hired or promoted under the provisions
of these civil service rules and regulations.
FURLOUGH LIST
The list containing the names of persons temporarily laid
off from positions in the Fire Department because of a reduction in
the number of officers.
GENDER
The words "he," "his," "him," and "men" when used in these
rules and regulations represent both the masculine and feminine genders.
MAYOR
The elected position of Mayor for the City of New Castle,
Pennsylvania.
MEDICAL EXAMINATIONS
Any examination, procedure, inquiry or test designed to obtain
information about medical history or a physical or mental condition
which might disqualify an applicant if it would prevent the applicant
from performing, with or without a reasonable accommodation, all of
the essential functions of the position.
PART-TIME FIREFIGHTER
A qualified part-time firefighter hired under the provisions
of these civil service rules and regulations.
PHYSICIAN
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991,
that relates to definitions.
PROBATIONER
A selected candidate in the Fire Department who has been
appointed from an eligibility list, but who has not yet completed
the work-test period.
PROMOTION, RANKING FIREFIGHTER
A qualified Full-Time Firefighter in the Fire Department
appointed to a "ranking position" under the provisions of these civil
service rules and regulations.
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed
as a physician assistant pursuant to the Act of December 20, 1985
(P.L. 457, No. 112), known as the "Medical Practice Act of 1985," or the Act of October 5, 1978 (P.L. 1109, No. 261), known
as the "Osteopathic Medical Practice Act"; or as a certified registered nurse practitioner pursuant
to the Act of May 22, 1951 (P.L. 317, No. 69), known as the "Professional
Nursing Law."
REDUCTION IN RANK
A change to a different position or rank where the firefighter
fulfilled all of the requirements of these rules and regulations for
both the prior and current position or rank. However, a decrease in
salary without a change to a different position or rank shall not
necessarily constitute a reduction in rank.
REMOVAL
The permanent separation of a member from the Fire Department.
SECRETARY
The Secretary of the Civil Service Board of the City of New
Castle, Lawrence County, Pennsylvania.
SECRETARY (COMPENSATED)
Person or City Department appointed by the Board, not a member
of the Civil Service Board, to provide additional administrative assistance.
SUSPENSION
The temporary separation of any member in the New Castle
Fire Department from his or her position for disciplinary reasons.
VICE CHAIRPERSON
The Vice Chairperson of the Civil Service Board of the City
of New Castle, Pennsylvania.
[12-19-2023 by Ord. No. 8456]
(a) 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.
(1)
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.
(2)
Any vacancy occurring on the Board (primary) for any reason
whatsoever shall be filled by the City Council for the unexpired term.
(3)
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.
(4)
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.
(5)
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).
(b) Office incompatible with position of Board member.
(1)
No City officer, official or employee shall be eligible for
appointment to the Civil Service Board.
(c) Organization of Board: quorum.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(d) Duties of Chairperson.
(1)
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.
(e) Duties of Vice Chairperson.
(1)
The Vice Chairperson shall act in the absence of the Chairperson
in carrying out the duties of the Chairperson.
(f) Duties of the Secretary.
(1)
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.
(g) Duties of Secretary (compensated).
(1)
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.
(h) Meetings.
(1)
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, and commonly known as the "Sunshine Law." The order of
business for all meetings shall be as follows:
B.
Public comments (agenda items).
C.
Approval of previous meeting's minutes.
D.
Communications and reports.
H.
Public comments (general).
(i) Clerical assistance, legal counsel and supplies.
(1)
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.
(j) Rules and regulations/examinations.
(1)
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.
(2)
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.
(1)
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.
(2)
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.
(3)
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.
(1)
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.
(1)
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.
(1)
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.
(1)
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.
(2)
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.
(1)
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.
[12-19-2023 by Ord. No. 8456]
(a) Hiring process defined.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
[12-19-2023 by Ord. No. 8456]
(a) Applications and qualifications.
(1)
Eligibility for examinations.
A.
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.
(b) Discrimination.
(1)
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.
(c) Applications.
(1)
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.
(d) Age and residency requirements.
(1)
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.
(e) General qualifications.
(1)
Every applicant for any position in the New Castle City Fire
Department must possess the following initial qualifications:
A.
A diploma from an accredited high school or a graduate equivalency
diploma (GED).
B.
Be a United States citizen.
C.
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.
D.
Be licensed to legally operate a motor vehicle in the Commonwealth
of Pennsylvania.
(f) Public notice: notification.
(1)
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.
(2)
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.
(3)
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.
(g) Recording and filing applications.
(1)
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.
(2)
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:
A.
The application shall be invalid, and the applicant shall be
disqualified from examination; or
B.
If the applicant has been examined, the name of such applicant
shall be removed from the eligibility list; or
C.
If the applicant has been appointed, such material misstatement,
falsification or concealment shall constitute grounds for dismissal
from the New Castle City Fire Department.
D.
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.
(h) Rejection of applicant.
(1)
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:
A.
Found to have furnished incomplete, inaccurate, misleading or
false information on the official application or in response to any
portion of the hiring process;
B.
Physically unfit for the performance of the essential duties
of the position of which the candidate seeks employment;
C.
Illegally using a controlled substance, as defined in Section
102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C.
§ 802);
D.
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;
E.
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;
F.
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.
(i) Hearing for disqualified applicants.
(1)
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.
(2)
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.
(j) Examination and grading procedure.
(1)
General examination requirements.
A.
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.
(2)
The testing process will be as follows:
A.
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.
B.
Written examination: Those candidates passing the written test as outlined in Subsection
(1), Written examination, will qualify for the oral examination.
C.
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.
D.
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.
E.
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.
(1)
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.
(2)
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.
(1)
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.
(1)
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.
(1)
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.
(1)
Creation of eligibility list.
A.
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.
B.
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.
C.
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.
(1)
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.
(1)
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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 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.
(5)
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.
(1)
Appointing authority.
A.
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.
B.
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:
1.
The Board shall furnish to Council a copy of all lists so prepared
and kept.
2.
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.
3.
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.
4.
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.
5.
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.
6.
If the nomination is not approved by the City Council, the City
Administrator shall submit the third name, if any, for a conditional
appointment.
7.
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.
8.
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.
C.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[12-19-2023 by Ord. No. 8456]
(a) Application and qualifications.
(1)
Eligibility for examinations.
A.
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:
1.
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.
2.
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.
(b) Discrimination.
(1)
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.
(c) Notification.
(1)
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.
(2)
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.
(3)
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.
(d) Rejection of applicant.
(1)
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:
A.
Found to have furnished incomplete, inaccurate, misleading or
false information on the official application or in response to any
portion of the promotional process;
B.
Physically unfit for the performance of the essential duties
of the position for which the candidate seeks employment;
C.
Illegally using a controlled substance, as defined in Section
102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C.
§ 802);
D.
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;
E.
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.
(e) Hearing for disqualified applicants.
(1)
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.
(2)
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.
(f) Examination and grading procedure.
(1)
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.
(g) Oral examination.
(1)
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.
(h) Eligibility list and appointment procedure.
(1)
Creation of eligibility list.
A.
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.
B.
In the case of tied scores, the order of listing shall be determined
by the earliest application received.
(i) Duration of the eligibility list.
(1)
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
the sole province of City Council.
(2)
Appointment procedure.
A.
For promotion from the position of part-time firefighter to
full-time firefighter, the position shall be filled only in the following
manner:
1.
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.
2.
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).
3.
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.
4.
If three names are not available, then the Board shall certify
the name(s) remaining on the list.
5.
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.
(j) Probationary period.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
[12-19-2023 by Ord. No. 8456]
(a) Application and qualification.
(1)
Eligibility for examination.
A.
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.
B.
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:
1.
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.
2.
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.
(b) Discrimination.
(1)
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.
(c) Notification.
(1)
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.
(2)
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.
(3)
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.
(d) Rejection of applicant.
(1)
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:
A.
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;
B.
Physically unfit for the performance of the essential duties
of the position of which the candidate seeks employment;
C.
Illegally using a controlled substance, as defined in Section
102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C.
§ 802);
D.
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;
E.
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.
(e) Hearing for disqualified applicants.
(1)
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. The decision of the Board shall be final.
(f) Examination and grading procedure.
(1)
General examination requirements.
A.
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.
B.
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.
(g) Written examination.
(1)
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.
(h) Oral examination.
(1)
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.
(i) Eligibility list and appointment procedure.
(1)
Creation of eligibility list.
A.
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.
B.
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.
(j) Duration of eligibility list.
(1)
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.
(1)
All promotional ranking positions in the Fire Department, except
the Fire Chief shall be filled only in the following manner:
A.
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.
B.
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).
C.
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.
D.
If three names are not available, then the Board shall certify
the name(s) remaining on the list.
E.
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.
F.
At the time of appointment of a promotional position, the City
Administrator shall notify City Council of such appointment.
G.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(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.
(1)
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.)
[12-19-2023 by Ord. No. 8456]
(a) Grounds for disciplinary action.
(1)
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.
(2)
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.
(b) Hearings on suspension, removal or reduction in rank.
(1)
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.
(2)
At the hearing, the firefighter may be represented by counsel.
(c) Appeal procedure.
(1)
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).
(2)
This review shall be exclusive.
(3)
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.
(4)
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.
(d) Election of remedies.
(1)
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.
(e) Furloughs.
(1)
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.
(2)
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.
[12-19-2023 by Ord. No. 8456]
(a) 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.
(b) Validity/severability. Should any section, clause, part or word of
this article be declared by a court of competent jurisdiction invalid,
illegal or unconstitutional, such decision of the court shall not
affect the validity or impair any of the remaining sections, clauses,
parts or words of these rules and regulations; the provisions of this
article being thus severable, same are declared valid to the extent
any section, subsection, subparagraph, clause, part or word is not
specifically declared by the decision of the court invalid, illegal
or unconstitutional.
[12-19-2023 by Ord. No. 8456]
The foregoing rules and regulations, which are in accordance
with powers granted by the Home Rule Charter and Optional Plans Law,
Civil Service Section of the Third Class City Code, (Act 21 of 2014)
Sections 4401 to 4410, enacted by the General Assembly of the Commonwealth
of Pennsylvania and in accordance with the authority granted by the
municipal governing body of the City of New Castle, Lawrence County,
Pennsylvania, are hereby adopted by the Civil Service Board of the
City of New Castle.