Chapter 2.170
FIRE DEPARTMENT MERIT SYSTEM
Sections:
2.170.030 Evansville Fire Merit Commission.
2.170.050 Rules and regulations of the Fire Department.
2.170.060 Appointment and removal of members of the department.
2.170.070 Appointment to the department.
2.170.080 Probationary appointment.
2.170.110 Authority of Fire Merit Commission.
2.170.010 Authority.
This merit system is established pursuant to IC 36-1-4-14. [Ord. G-89-19, passed 7-26-89; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.600; 1983 Code § 3.30.600.]
2.170.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
“Active member” means both nonprobationary and probationary firefighters but not retired firefighters.
“Commission” means the Evansville Fire Merit Commission.
“Department” means the Evansville Fire Department.
“Nonprobationary member” means an active firefighter who has completed his probationary period.
“Probationary member” means an active firefighter who has not completed his probationary period.
“Retired member” means a firefighter who has retired from active duty and is on pension because of longevity pursuant to pension law, but does not refer to a member who is on disability pension.
“Safety Board” means the Board of Public Safety of the City of Evansville.
“Seniority” means time served on the department.
“Upper-level policy-making positions” means the positions held by the Chief, Assistant Chief and Division Chief(s) of the Fire Department. [Ord. G-2016-24 § 1, passed 8-11-16; Ord. G-2000-14 § 1, passed 7-11-00. 1982 Code § 30.601; 1983 Code § 3.30.601.]
2.170.030 Evansville Fire Merit Commission.
(A) There is hereby established the Evansville Fire Merit Commission to administer the merit system established herein.
(B) The Evansville Fire Merit Commission shall consist of five commissioners to be appointed as follows:
(1) Two persons, who must be of different political parties, appointed by the Mayor;
(2) One person appointed by the City Council; and
(3) Two persons, who must be of different political parties, elected by all active members of the department, with the exception of the Chief, Assistant Chief and Division Chief(s).
For the purposes of this chapter, political affiliation shall be determined through the voter’s registration records for the three most recent primary elections.
(C) Each commissioner must have been a legal resident of Vanderburgh County for three consecutive years immediately preceding his term and must be a person of good moral character. A commissioner is entitled to a per diem for each day of actual service for the commission, the amount to be fixed by the City Council upon the recommendation of the Safety Board. A commissioner must be at least 21 years of age. A commissioner may not be an active member of a police or fire department or police or fire agency and not more than two of the commissioners may be past members of a police or fire department or police or fire agency. In addition, a person may not serve on the commission if he receives any remuneration as salary from the City.
(D) Each commissioner shall take an oath of office to conscientiously discharge his duties. A signed copy of the oath shall be filed with the Safety Board.
(E) The term of a commissioner is four years. However, one of the Mayor’s initial selections and one of the selections of the active members of the department are for terms of two years.
(F) A vacancy on the commission shall be filled within 30 days by the appointing or electing authority. The selection is for the remainder of the unexpired term.
(G) The commissioners serve at the pleasure of the appointing or electing authority and may be removed at any time.
(H) A nomination or removal to be made by the active members of the department shall be made at a meeting called specifically for that purpose by the active members. The active members shall give at least three weeks’ notice of the meeting to all active members of the department by posting the notice in prominent locations in all stations of the department and at the Fire Administration Building. The notice must designate the time, place and purpose of the meeting. Active members of the department, excluding the Chief, Assistant Chief and Division Chief(s), may attend the meeting, and at the meeting, one of the active members shall be elected as chairman. All voting must be by secret ballot and done in station and on duty by active members, excluding the Fire Chief, Assistant Chief and Division Chief(s). The other procedures for holding the meeting shall be determined by the active members and in effect so long as the procedures do not interfere with the operation of the department.
(I) The commission shall adopt rules of order to govern the commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the commission. Each year the commissioners shall select from their number a president, vice-president, and secretary. The commission shall keep a permanent record of its proceedings.
(J) The commission shall submit a proposed annual budget to the City as other budgets of the City are submitted. The City Council shall include in its budget an amount sufficient for the necessary expenses of the commission. [Ord. G-2016-24 §§ 2, 3, passed 8-11-16; Ord. G-2006-7, passed 4-4-06; Ord. G-97-10, passed 4-14-97; Ord. G-92-24, passed 7-27-92; Ord. G-90-34, passed 6-4-91; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.602; 1983 Code § 3.30.602.]
2.170.040 Safety Board.
The Safety Board shall have the continuing authority to establish the ranks of the department and to establish the table of organization subject to funding by the City Council. [Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.603; 1983 Code § 3.30.603.]
2.170.050 Rules and regulations of the Fire Department.
(A) The Safety Board shall have continuing authority to establish, amend, and repeal operating procedures of the department and rules and regulations of the Fire Department except for matters relating to selection, appointment, promotion and discipline of members of the Fire Department.
(B) The commission shall have the authority to adopt, amend, and repeal rules and regulations concerning selection, appointment, promotion, and procedural matters relating to discipline of members of the Fire Department. The Board of Public Safety shall have continuing authority to adopt all other rules and regulations concerning discipline and policies of the department.
(C) All such rules and regulations, whether by the Safety Board or the commission, shall be consistent with the laws of the State of Indiana, this chapter and the contract between the City and members of the department.
(D) The Safety Board shall establish the rank of Lieutenant (between the ranks of Private and Captain) one year from the effective date of the ordinance codified in this section. The rank shall be filled by the commission under the procedures outlined herein.
(E) The commission shall have the authority to amend its rules and regulations by making changes, additions, or deletions thereto subject to the procedure outlined herein. Before any such amendments to its rules and regulations are adopted by the commission, the commission shall comply with notification requirements and the other requirements of the collective bargaining agreement in effect at that time between the City and the members of the department. [Ord. G-90-34, passed 6-4-91; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.604; 1983 Code § 3.30.604.]
2.170.060 Appointment and removal of members of the department.
(A) The commission may appoint members of the department, except for a member in an upper-level policy-making position. The Mayor shall appoint the Chief of the Fire Department. The Chief of the Fire Department shall appoint and may remove the Assistant Chief and Division Chief(s) of the Fire Department.
(B) The Chief, Assistant Chief and Division Chief(s) of the department shall be selected from the members of the department and must have at least 10 years of service in the department before appointment. Requirements herein may be waived by majority vote of City Council upon the request of the Mayor. However, the Chief, Assistant Chief and Division Chief(s) must still have at least 10 years of service in a full-time paid fire department.
(C) Removal of a member from an upper-level policy-making position is removal from rank only and not from the department. When the member is removed, he shall be appointed by the commission to the rank in the department that he held at the time of his upper-level policy-making appointment or to any rank to which he had been promoted during his tenure in the upper-level policy-making position. If such rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(D) The commission shall have authority to remove all members not holding an upper-level policy-making position as provided by law. [Ord. G-2016-24 §§ 4, 5, passed 8-11-16; Ord. G-2000-14 § 2, passed 7-11-00; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.605; 1983 Code § 3.30.605.]
2.170.070 Appointment to the department.
The commission shall adopt rules and regulations governing the selection and appointment of persons to be employed as members of the department, subject to State pension requirements and this chapter. Appointments to the entry-level rank of firefighter shall be made only according to merit and fitness, to be ascertained by competitive examinations and by impartial investigations designed to evaluate the applicant’s relative qualifications and abilities in a manner that complies with existing professional standards and legal guidelines, according to the following procedure:
(A) The commission shall give public notice of each applicant process at least two weeks in advance of the last date for filing applications.
(B) All applicants for the rank of firefighter must file a written application on the form(s) prescribed by the commission within the time limits fixed by the commission.
(C) To be appointed as a firefighter, and prior to filing an application, an applicant must:
(1) Be a citizen of the United States;
(2) Be at least 21 years of age by the time the new eligibility list goes into effect and be appointed from said new eligibility list before reaching 36 years of age. However, pursuant to limitations found in applicable pension laws, persons who have been previously employed as firefighters shall be given credit for the number of years of service completed on the department by deducting from their current age the number of years of service completed (such persons shall be required to otherwise compete in the applicant process);
(3) Be a high school graduate or possess a G.E.D. certificate;
(4) Possess a valid driver’s license from any state for application, but must possess an Indiana driver’s license prior to appointment;
(5) Be of good moral character;
(6) Not have been convicted of a felony;
(7) Comply with all statutory requirements;
(8) Meet any other requirements established by the Merit Commission for appointment to the department; and
(9) If applicant has served in the military, the applicant shall provide a copy of his or her DD Form 214 or other military separation documents, which must demonstrate his or her discharge from military service was not categorized as “other than honorable,” “bad conduct,” or “dishonorable.”
(D) The examination process shall consist of the following components:
(1) A written test or tests.
(2) Performance test or tests of agility, strength, stamina, and dexterity.
(3) Such other relevant assessment methods as may be adopted by the commission that are consistent with professional standards and legal guidelines.
Before the examination process is begun, the commission shall announce a decision as to the relative weight or the method of weighting to be assigned to each part. All appointments to the rank of firefighter shall be made in accordance with merit and fitness of the applicant.
(E) All applicants who successfully pass all examinations prescribed by the commission must also be approved by the Pension Board after taking the required physical, psychological and mental examinations before being appointed as a member of the department.
(F) The identity of every person taking a firefighter written test shall be concealed from the commission by the use of a numbered identification system. The identity of an applicant shall not be revealed until all test papers have been completely rated, and the minimum passing score set in accordance with these rules. Any applicant whose written test paper carries his name or any other identifying mark, or any applicant who reveals his identification number to the commission or any member of the department shall be disqualified and so notified.
(G) Appropriate scientific techniques developed in accordance with professional standards shall be used in rating the results of examinations and in determining the relative ratings of the applicant. In order to have the applicant’s name appear on an eligibility list for appointment to the rank of firefighter, each applicant must pass each part of the examination process. Each applicant who fails to attain the minimum passing score on any part of the examination process shall be considered to have failed the examination process and shall not be eligible to compete in any further part of the examination process.
(H) The commission shall determine the minimum passing score on the written components of the examination process which determination shall be made before the identity of an applicant is known to the commission.
(I) The commission shall determine the weight or method of weighting to be assigned to each part of the examination process. The weight shall be stated as percentages and the total weight of all parts of the examination shall equal 100 percent. The weights or method of weighting of the parts shall be specified before the examination process is begun.
(J) The order of names of passing applicants on the eligibility list shall be determined by their final examination process score (i.e., the combined weighted scores from all parts of the examination process) in descending order. The final score shall be carried out to four decimal places.
(K) Each applicant who competes in any part of the examination process shall be given written notice of the results of that part and the entire examination. The notice shall include the applicant’s score on each part, and if the applicant is a passing applicant, the applicant’s rank on the eligibility list. Such notice shall be given after the eligibility list is established, but in the discretion of the commission, may be given to all applicants simultaneously at an earlier date. The commission shall maintain an active eligibility list for the rank of firefighter in order to meet the hiring needs of the department. The eligibility list shall contain the names and addresses of those applicants who passed the examination process, their final examination process score, and their rank on the eligibility list.
(L) The firefighter eligibility list shall be in effect for 24 months from the date approved unless sooner exhausted. The firefighter eligibility list may not be extended.
(M) When a vacancy exists in the rank of firefighter, the Chief shall request the commission certify the name of the applicant to be hired as a probationary firefighter. The commission shall certify the name of the applicant who holds the position at the top of the list as long as the applicant still meets the standards for appointment to the department. [Ord. G-2015-16, passed 5-13-15; Ord. G-2014-20, passed 9-8-14; Ord. G-2006-7, passed 4-4-06; Ord. G-2000-12, passed 6-7-00; Ord. G-90-34, passed 6-4-91; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.606; 1983 Code § 3.30.606.]
2.170.080 Probationary appointment.
(A) All firefighters appointed from the eligibility list by the commission shall serve a probationary period of 12 months. The probationary period shall be utilized for closely observing how well the new member learns the responsibilities of the rank of firefighter and for closely observing the new member’s work and securing the most effective judgment as to whether or not a new member’s performance meets required work standards.
(B) The immediate supervisor of the probationary firefighter shall prepare monthly progress reports. These reports will be forwarded to the Training Office for review. The Training Office will keep the Fire Chief and the Fire Merit Commission informed as to the progress of the probationary firefighter.
(C) The Fire Chief shall make periodic reports during the probationary period to the commission. The Chief must certify, at least 10 days prior to the completion of the 12-month probationary period, whether the services of the probationary firefighter have been satisfactory and whether the probationary firefighter should receive the status of the rank of firefighter, which decision shall be made by the commission.
(D) At any time during the probationary period, the commission may remove a probationary firefighter whose performance does not meet the required work standards. The Fire Chief shall notify the probationary firefighter of the reasons for such action. [Ord. G-2006-7, passed 4-4-06; Ord. G-2000-14 § 3, 2000, passed 7-11-00; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.607; 1983 Code § 3.30.607.]
2.170.090 Promotions.
(A) The commission shall have promotion eligibility lists for all ranks, as provided in the table of organization for ranks above firefighter and below Division Chief, said table of organization being established by the Safety Board subject to funding by City Council.
(B) Except as provided in subsection (A) of this section, appointment to the ranks higher than the rank of firefighter shall be made from members according to merit and fitness, to be ascertained from competitive examinations designed to evaluate the member’s relative qualifications and abilities in a manner that complies with existing professional standards and legal guidelines.
(C) The commission shall give notice of each promotional process at least two weeks in advance of the last date for filing applications by posting a notice thereof on a bulletin board maintained in or near the office of the Fire Chief and at each hose house maintained by the department. This official announcement shall state the rank for which the examination is being held, the last date and manner of making application for admission to the examination, all reading material that the written examination will be based upon, and any other information which the commission desires to promulgate. All reading material must be readily available in hard copy form to all applicants.
(D) All members who want to apply for the promotional examination must file a written application on the forms prescribed by the commission within the time fixed by the commission.
(E) The commission shall designate the lower rank or ranks from which promotion can be made and any other qualifications required.
(F) If an application for promotion is rejected, written notice of such rejection and the reason therefor shall be given to the applicant. Any applicant for promotion shall have the right to be heard by the commission to complain of the rejection. If the commission shall find that the rejection was improper, it shall allow the applicant to participate in the examination process.
(G)(1) The first day of the written test shall be the date used to determine bonus points for the examination process.
(2) The expiration or exhaustion date of the then-existing list shall be used to determine seniority points for the examination process.
(3) When a promotional list exhausts before its expiration date, seniority and bonus points will be calculated from the date of exhaustion.
(H) Except as otherwise provided for the appointment of the Chief, Assistant Chief and Division Chief(s), all promotions to ranks higher than the rank of firefighter shall be made in accordance with the relative merit and fitness of the member competing for promotion. Merit and fitness shall be ascertained by competitive examination under the direction of the commission. All examinations and examination parts shall be fair, impartial, and developed in accordance with professional standards and legal guidelines developed by an accredited university, college, or a professional testing company, and shall relate to those matters which will test fairly the relative capacities and fitness of the members to discharge efficiently the duties of the rank to be filled.
(I) In order to be eligible for promotion, a member must meet the following requirements:
|
To test for: |
A member must have by the time the list goes into effect: |
|---|---|
|
Lieutenant |
2 years on the department |
|
Captain |
2 years in rank as a Lieutenant |
|
Inspector |
5 years on the department |
|
Instructor |
10 years on the department |
|
District Chief |
10 years on the department and a combined total of 2 years in rank as either a Captain, Inspector, or Instructor |
If no member passes or applies for the written examination for a rank, a retest will be required and those eligible for the next lower rank will also become eligible to test for this position provided the years-on-the-department requirement is met. A member holding a nontemporary rank may not test for the rank the firefighter currently holds.
(J) The competitive examination process for promotions shall consist of the following:
(1) A written test(s);
(2) Such other relevant assessment methods as may be adopted by the commission but consistent with professional standards and legal guidelines; and
(3) An oral interview or its equivalent will be given for all promotional processes.
The commission may adopt and approve educational training courses and classes for which a member may earn additional credit points for the promotional examination process. These courses and classes will be subject to the approval of the Chief Instructor and Chief of the Evansville Fire Department.
The commission, before each promotional examination process, shall announce the components of the examination process and the minimum credit points attainable for each part thereof.
The commission, in its complete discretion, may establish a system for promotion based in part on a psychological evaluation test; an approved educational program, including, but not limited to, relevant educational classes and/or degrees; and such other relevant assessment methods as the commission may desire.
The commission shall have discretion to determine, fix, change, or alter the credit points to be awarded for each component part of the promotional testing process within reasonable guidelines as established by the commission; provided, however, the commission shall not change the credit points between the dates of the announcement of the giving of a promotional examination and the date the eligibility list is determined for the same. In addition, the commission shall not change or alter the credit points to be awarded for any written test or for seniority.
(K) The identity of every member taking part in the promotional examination process shall be concealed from the commission by use of a numbered identification system. The identity of a competing member shall not be revealed until all of the components of the testing process have been graded and scored in accordance with the rules and regulations of the commission. Any member whose written test papers carry the member’s name or any other identifying mark, or any member who reveals the member’s identification number to the commission, to any member of the department or to any person conducting the testing process, shall be disqualified and so notified.
(L) Appropriate scientific techniques, developed in accordance with professional standards, shall be used in rating the results of all examination parts in determining the relative rating of the competitors.
(M) In order to have the member’s name appear on an eligibility list for a higher rank, such member must participate in each component part of the examination process required by the commission. A member must pass each part of the written examination process. Each member who fails to attain the minimum passing score on the written examination process shall be considered to have failed the examination process. Upon completion of all component parts of the examination process, the commission shall determine the total credit points of each candidate and from such total scores shall establish the eligibility list for the rank tested for. Members on the eligibility list shall be listed in a descending order in accordance with their scores. After July 26, 1996, the commission may require members to attend or participate in educational programs or classes in order to test for a promotional rank so long as the commission announces the requirements at least two years in advance of the commencement of the testing process. The department shall reasonably accommodate members’ departmental work schedule to allow members to attend such programs and classes.
(N) The minimum passing score on the written examination shall be a score of 70 percent. A formal structured interview, if given at the discretion of the commission, shall be scored as follows: The percentage score awarded to the candidate by the interview panel shall be divided by 10 to achieve the awarded points to the candidate for this phase of the testing process. All formal structured oral interviews shall be recorded by a tape recorder, videotape or stenographically.
Examples:
|
A Score Of |
Is Awarded As |
|---|---|
|
90% |
9.00 points |
|
85% |
8.50 points |
|
72.22% |
7.22 points |
|
72.25% |
7.23 points |
|
65% |
6.50 points |
(O) The commission shall determine the credit points to be assigned to each component part of the examination process, which shall be specified in the official announcement of the examination.
(P)(1) Each member who receives a passing grade on all parts of a promotion examination shall have a credit for continuous service as a member of the department added to his grade, computed as follows: three-fourths point shall be added for each of the years of service as a member of the department (maximum of 15 points). Firefighters will be given partial credit for service years depending upon the number of days of service. Points will be calculated by dividing the number of partial service days by 365 and multiplying this figure by three-fourths. This number will be carried out to two decimal points.
(2) Service credit points will be computed as of the date of the examination, as set forth in the official announcement. There shall be no credit given for partial years of service. Service during a probationary period shall be considered as part of continuing service.
(Q) Before the final examination scores are determined, there shall be deducted from each candidate’s total score the following points: one-half point for each written reprimand issued, and one point for each day of suspension served; provided, however, no deduction of points shall occur if discipline issued was served more than two years before the date the final examination scores are determined by the commission. The commission may impose additional restrictions on promotion as part of the disciplinary process. The order of names of members on the eligibility list shall be determined by the final examination score (i.e., the combined scores from all parts of the examination process in descending order). Final examination scores shall include service credit points. Final examination scores shall be carried out to four decimal places. In case of a tie, seniority shall prevail. Credit points acquired by a member for the acquisition of a commission-approved degree shall permanently remain on such member’s record as countable credit points for any promotional examination.
(R) Each member who competes in any part of an examination shall be given written notice of the results of that part and of the entire examination. The notice shall include the member’s score on each part and, if the member passes, the member’s rank on the eligibility list. Such notice shall be given after the eligibility list is established but, in the discretion of the commission, may be given to all members simultaneously at an earlier date.
(S) The commission shall establish and maintain an active eligibility list for all ranks except for the ranks of Chief, Assistant Chief and Division Chief(s). Each list shall contain the names of those members who passed the examination process. A promotion eligibility list, unless earlier exhausted, shall be in effect for 24 months from the effective date. A promotion eligibility list shall not be extended.
(T) Any member who competes in any written test as part of a promotional examination shall have the right to review a copy of the member’s answer sheet along with a copy of the written test booklet and a copy of the correct answer to each written test question. This review shall be held as soon as is practical after the written test administration date, but in any case, within 10 days after the written test has been administered. This review shall be held under the direct supervision of the commission, under appropriate secure conditions. Members will be allowed to present any documentation they desire to the commission, if necessary, supporting any answers to a written test question other than the one specified as being correct by the person giving the test. If the commission deems it just, the commission shall make any necessary corrections to the score and key before recording the final written test scores. Because of the need to use written tests which have been professionally developed and validated in accordance with both professional standards and legal guidelines, members reviewing written test papers shall not take any test material, review material or any written notes from the review room. To the extent practical, reference material used in developing the written test will be made available to members during the review period. A member desiring to appeal the score received on any examination test or other component part shall do so within 10 calendar days of receiving notice of the member’s score. An appeal shall be commenced by serving written notice upon the president of the commission detailing the alleged error or errors. The method for calculation of this 10-day period shall be the same as is used in the Indiana Rules of Court.
(U) When a vacancy exists in a rank higher than firefighter and below Division Chief, the Fire Chief shall request from the commission the name of the person eligible for appointment to that rank from the eligibility list. The commission shall appoint the person who holds the top position on the promotion eligibility list for that rank so long as that person continues to meet the requirements herein and under State law.
(V) Temporary Vacancies.
(1) Temporary vacancies in rank and division (i.e., prevention, suppression, and instruction), except for the rank of Lieutenant, including, but not limited to, temporary vacancies due to illness, suspension, vacations, or leaves of absence, if filled, shall be filled on a temporary basis so as to properly staff and manage all apparatus, districts, and shifts.
(a) Until the time a promotion eligibility list is established for a rank, temporary appointments, if required to be made, shall be made based on seniority within the same division; however, State seniority requirements must still be followed.
(b) After the time eligibility lists are established, and if the position is one which needs to be filled, temporary vacancies shall be filled as follows:
(i) Temporary vacancies shall be filled with the firefighter with the highest position on the eligibility list for a promotion to the vacant rank. If there is no such person, then the person with the most seniority in the rank shall be appointed.
(ii) Time served in a temporary position for a firefighter on the eligibility list for a promotion to the vacant rank shall count towards the probationary period for that rank.
(iii) Firefighters on the eligibility list for a promotion to the vacant rank holding a temporary position for 12 months or more shall remain first on the eligibility list for that rank. Said firefighter shall be offered that ranking position once an opening occurs.
(W)(1) A probationary period for promotees shall be regarded as an integral part of the promotional process and shall be utilized for closely observing how well the promotee learns the responsibilities of the higher-level rank and for closely observing the promotee’s work and securing the most effective judgment as to whether or not the promotee’s performance meets required work standards for the higher-level rank. All promotees shall serve a probationary period of 12 months. The immediate supervisor of a promotee shall make monthly reports to the Fire Chief during the officer’s 12-month probationary period as to whether the services of the promotee have been satisfactory and as to whether the promotee should receive a regular appointment to the probationary rank.
(2) The Fire Chief shall make periodic reports during the probationary period to the commission. The Fire Chief must certify, at least 10 days prior to the completion of the 12-month probationary period, whether the services of the promotee have been satisfactory and his recommendation as to whether the promotee shall receive permanent status in that rank. At any time during the probationary period, the commission may remove a promotee whose performance does not meet the required work standards and return the promotee to the promotee’s former rank. The commission shall notify the promotee of the reasons for such action. The decision as to whether a promotee shall receive a regular appointment shall be made by the commission.
(X) After a member is promoted, such promotion shall be contingent upon the member completing 24 hours of approved training per year with such training certified by the Evansville Fire Department Training Division or outside training approved by the Chief.
(Y) A firefighter who resigns his rank but not from the department shall return to the rank of Private until such time as the firefighter’s name comes up for promotion on an eligibility list for a higher rank.
(Z) A firefighter who resigns his/her rank may test for any rank previously held in the next or any subsequent promotion process, provided the firefighter had completed the one-year probationary period for that rank. [Ord. G-2016-24 §§ 6 – 11, passed 8-11-16; Ord. G-2006-7, passed 4-4-06; Ord. G-2000-14 § 4, passed 7-11-00; Ord. G-97-10, passed 4-14-97; Ord. G-90-34, passed 6-3-91; Ord. G-88-18, passed 7-25-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.608; 1983 Code § 3.30.608.]
2.170.100 Discipline.
(A) The provisions of IC 36-8-3-4 shall apply to the Evansville Fire Merit System administered by the commission except as follows:
(1) Reference to the Board of Public Safety shall refer and shall be construed to mean the Fire Merit Commission established herein.
(2) IC 36-8-3-4(m) shall only refer to the Fire Chief, Assistant Chief and Division Chief(s).
Except as provided above, the provisions of IC 36-8-3-4 are adopted and incorporated herein as if fully set forth.
(B) The provisions of IC 36-8-3-4.1 shall apply to the Evansville Fire Merit System administered by the commission herein and are adopted herein as if fully set forth. This provision shall not limit the power of the Chief to discipline, subject to review by the commission as provided in subsection (A) of this section. The commission may establish rules and regulations delegating to the Chief authority to take appropriate disciplinary action to ensure the proper functioning of the department and may authorize the Chief to delegate that authority to officers of other ranks subject to limitations it deems appropriate. [Ord. G-2016-24 § 12, passed 8-11-16; Ord. G-2000-14 § 5, passed 7-11-00; Ord. G-88-14, passed 7-13-88. 1982 Code § 30.609; 1983 Code § 3.30.609.]
2.170.110 Authority of Fire Merit Commission.
The commission shall have the necessary authority to effectuate the purpose of this chapter subject to limitations imposed by State law and this chapter. [Ord. G-88-14, passed 7-13-88; Ord. G-87-27, passed 10-19-87. 1982 Code § 30.610; 1983 Code § 3.30.610.]