[HISTORY: Adopted by the City Council of the City of Altoona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1986 by Ord. No. 4931; amended in its entirety 12-5-2018 by Ord. No. 5736]
A.
APPLICANT
BOARD
BOARD MEMBER-(ALTERNATE)
BOARD MEMBER-(PRIMARY)
CERTIFIED LIST OF THREE
CHAIRPERSON
CITY COUNCIL
CITY MANAGER
DEPUTY FIRE CHIEF
ELIGIBILITY LIST
ELIGIBLE
EXAMINATIONS
FIRE CHIEF
FIREFIGHTER
FULL-TIME FIREFIGHTER
FURLOUGH LIST
MEDICAL EXAMINATIONS
PHYSICIAN
PROBATIONER
PROMOTION: RANKING FIREFIGHTER
QUALIFIED MEDICAL PROFESSIONAL
REDUCTION IN RANK
REMOVAL
SECRETARY
SECRETARY (COMPENSATED)
SUSPENSION
VICE CHAIRPERSON
Unless otherwise expressly stated, the following words and phrases,
wherever used in these rules and regulations, shall be construed to
have the meaning indicated herein:
Any individual who applies in writing to the Board in response
to a legally advertised notice of vacancy and/or examination for any
position in the Fire Department.
The Civil Service Board of the City of Altoona, Pennsylvania.
An individual appointed by the City Council to serve as an
alternate member of the Civil Service Board. Properly appointed alternate
board members 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.
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.
The submission to the City Manager, pursuant to his/her request
for three names taken from the firefighter's eligibility lists developed
by the Civil Service Board.
The Chairperson of the Civil Service Board of the City of
Altoona, Pennsylvania.
The City Council of the City of Altoona, Pennsylvania.
The appointing authority, as hereby appointed by the City
Council of the City of Altoona, Blair County, Pennsylvania, pursuant
to the act of July 15, 1957, P.L. 901, No. 399, Cl. 11, the Optional
Third Class City Charter Law, of the City of Altoona, shall have the
authority to appoint, suspend, remove and reduce in rank any member
of the Altoona Fire Department.
A firefighter who is appointed by the City Manager and not
appointed under the provisions of these civil service rules and regulations
to serve as a second in command to the Fire Chief and who will assume
the duties of the Fire Chief at any time that the Fire Chief is away
from the City of Altoona or otherwise unable to perform his/her duties
and shall possess the same authority, powers and responsibilities
of the Fire Chief when performing the duties of the Fire Chief.
[Added 6-10-2020 by Ord.
No. 5765]
The list of names of persons who have passed all examinations
for a particular position in the Fire Department.
A person whose name is recorded on a current eligibility
list or furlough list.
The series of tests given to applicants to determine their
qualifications for a position in the Fire Department.
A firefighter who is appointed by the City Manager and not
appointed under the provisions of these civil service rules and regulations.
Any qualified firefighter serving in the Fire Department
except as specifically noted.
A qualified firefighter hired and/or promoted under the provisions
of these civil service rules and regulations.
The list containing the names of persons temporarily laid
off from positions in the Fire Department because of a reduction in
the number of personnel.
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.
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991
that relates to definitions.
A firefighter who has been promotionally appointed from their
respective eligibility list, but who has not yet completed the work-test
period.
A qualified full-time firefighter appointed to a ranking
position in the Fire Department, under the provisions of these civil
service rules and regulations.
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,"[1] or the act of October 5, 1978 (P.L. 1109, No. 261), known
as the "Osteopathic Medical Practice Act"[2]; 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."[3]
A change to a different position or rank where the employee
fulfilled all of the requirements of these rules and regulations for
both the prior and current positions or rank. However, a decrease
in salary without a change to a different position or rank shall not
necessarily constitute a reduction in rank.
The permanent separation of a firefighter from the Fire Department.
The Secretary of the Civil Service Board of the City of Altoona,
Pennsylvania.
Person or City department appointed by the Board, not a member
of the Civil Service Board, to provide additional administrative assistance.
The temporary separation without pay of a firefighter from
the Fire Department.
The Vice Chairperson of the Civil Service Board of the City
of Altoona.
B.
Gender. The words "he," "his," "him," and "men" when used in these
rules and regulations represent both the masculine and feminine genders.
A.
Establishment of Board. 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 or Fire Department,
except to the position of Police Chief, Deputy Police Chief, Fire
Chief or Deputy Fire Chief, 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 police and fire uniformed positions in
the City. The Civil Service Board shall receive no salary or compensation.
[Amended 6-10-2020 by Ord. No. 5765]
B.
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.
(1)
Any vacancy occurring on the Board (Primary) for any reason whatsoever
shall be filled by the City Council for the unexpired term.
(2)
Each member of the Board (Primary) created by this subdivision, 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 Manager.
C.
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 14403.1 of the Third Class City Code and outlined in § 44-2E(3) and (4) of these civil service rules and regulations. Alternate members shall hold no other office in the City.
(1)
Each member of the Board (Alternate) created by this chapter, before
entering upon the discharge of the duties of their office, shall take
an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141
(relating to form of oaths of office).
D.
Office incompatible with position of Board member. No City officer,
official or employee shall be eligible for appointment to the Civil
Service Board.
E.
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 Chair 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 E(3), 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.
F.
Duties of Board Chairperson. The Board Chairperson, or, in his or
her absence, the Board 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 shall be a voting member.
G.
Duties of Board Vice Chairperson. The Board Vice Chairperson shall
act in the absence of the Board Chairperson in carrying out the duties
of the Board Chairperson and shall be a voting member.
H.
Duties of the Board Secretary. The Board Secretary, under the direction
of the Board, shall work in conjunction with the compensated secretary
(§ 44-21) in handling all official correspondence of the
Board, including the recording of votes cast by the Board, send out
all notices required by law including these rules and regulations,
keeping a record of each examination or other official action of the
Board, and perform all other duties required by law including these
rules and regulations and shall be a voting member.
I.
Duties of Secretary (compensated). The Board shall appoint a compensated
secretary or designated City department, who is not a member of the
Board, and prescribe the duties, and shall have the power to change
these duties. The compensated secretary or designated City department,
shall be subject to removal at any time by the Board. The Council
shall establish the compensation, if any, to be paid to the compensated
secretary or City department, and all necessary stationary and supplies
for use of the Board shall be supplied by the City.
J.
Meetings. All 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. In all cases regarding meetings, including scheduling, the Board shall follow the provisions provided for pursuant to 65 Pa.C.S.A Ch. 7, as amended and commonly known as the "Sunshine Law."[1] The order of business for all meetings shall be as follows:
(1)
Roll call.
(2)
Public comments (agenda items).
(3)
Approval of previous meeting's minutes.
(4)
Communications and reports.
(5)
Unfinished business.
(6)
Hearing of cases.
(7)
New business.
(8)
Public comments (general).
(9)
Adjourn.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
K.
Clerical assistance, supplies, solicitor, etc. The City shall furnish
to the Board, on its requisition, clerical assistance that may be
necessary for the work of the Board. The City shall provide a suitable
and convenient room for the use of the Board. The Board shall order
from the City the necessary stationery, postage, printing and supplies.
The City shall also provide the services of a solicitor for the Board
to be appointed by the Board and paid by the City. The City shall
have the authority to place a reasonable limit on the amount allowed
each year for the services of the Board Solicitor. The elected and
appointed officials of the City shall aid the Board in all proper
ways in carrying out the provisions of these civil service rules and
regulations.
A.
Examinations required. No person or persons shall be appointed to
any uniformed position in the Fire Department, excluding the Fire
Chief and Deputy 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.
[Amended 6-10-2020 by Ord. No. 5765]
B.
Rules and regulations authorized. The Board shall prepare and adopt
rules and regulations, subject to approval of 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.
A.
Board appointment. The Board shall appoint experienced and qualified
written, oral and physical agility examination administrators to conduct
appropriate examinations required by these rules and regulations.
The Board shall reserve the right to accept or reject, for cause in
whole or in part the recommendations of the appointed examining agency
provided the reason(s) for doing so is not arbitrary and is consistent
with these Rules and Regulations.
The Board, either itself or upon recommendation by the City,
may 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 the 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, as
amended.
The Board shall keep minutes of its proceedings and records
of examinations and other official actions. All records of the Commission
shall be preserved and disposed of according to the Retention and
Disposition Schedule for Records of Pennsylvania Municipalities issued
by the Local Governments Committee under the authority of the Municipal
Records Act, 53 Pa.C.S.A. § 1381 et seq.
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 in connection with such investigations.
A.
Issuance. The Board shall have the power to issue subpoenas over
the signature of the chairperson or designee and to require the attendance
of witnesses and the production of records and papers pertaining to
matters before the Board, including any background investigations
conducted pursuant to any applicable rules and regulations. The 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 expenses of the Board.
B.
Penalty. All firefighters in public service and employees of the
City shall attend and testify when required to do so by the Board.
If any person shall refuse or neglect to obey any subpoena issued
by the Board, upon conviction of such refusal or neglect in a summary
proceeding, that person shall be sentenced to pay a fine not to exceed
$100, and if in default of the payment of such fine and costs, shall
be imprisoned, not to exceed 30 days.
(1)
Contempt of Court. If any person shall refuse or neglect to obey
any subpoena, the Board may apply by petition to the Court of Common
Pleas of Blair 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,
shall be held in contempt of court.
A.
Eligibility for examinations. In order to be eligible for participation
in the initial examinations for a full-time firefighter position with
the Altoona Fire Department, every applicant must submit a completed
application form to the Board or other offices or agencies designated
by the Board, before 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. The City of Altoona is an equal opportunity employer.
It is the 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, sexual orientation, and non-job-related
physical or mental handicap or disability. The City Council and the
Board will provide equal opportunities in employment and promotion.
C.
Applications. Application forms shall be available to all interested
persons in City hall 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 missed filing deadline dates due to a delay
in the mail or for any other reason.
D.
Age requirements and residency requirement. All applicants must have
reached their 18th birthday before the deadline for submitting completed
applications. All firefighters accepted for employment shall be required
to reside within the City limits of the City of Altoona within six
months from the time of commencement of said employment.
E.
General qualifications. At the time of application, every applicant
for any position in the Altoona Fire Department must possess the following
qualifications:
(1)
A diploma from an accredited high school or a graduate equivalency
diploma (GED).
(2)
Be a United States citizen.
(3)
Be physically and mentally fit to perform the essential duties of
a firefighter for the Altoona Fire Department as determined by the
physical agility and physical examination.
(4)
Possess a valid motor vehicle operator's license.
F.
Public notice - notification. The Board shall conspicuously post
in City hall, 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.
For the entry level position(s), at least two weeks prior to first
examination, a publication of the notice shall be placed in at least
one newspaper of general circulation in the City of Altoona, the Altoona
Mirror, as a minimum, and/or any such other newspapers and in such
other manner as may be directed by the Board.
(1)
The City Manager, 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. In the case
of physical examinations, the City Manager shall notify the 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 examiner.
(2)
Every such notice shall be mailed or otherwise delivered/notified
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, but in the case of a physical examination, the physician
designated in the notice may fix another date or time for such examination;
provided, however, that any such date or time shall be written with
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 the entry level position(s) shall be received at
the Office of the Fire Chief, Office of the City Manager or other
offices or agencies designated by the Board, only after the firefighters
position has 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 provide 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 for firefighter at the time the
application is submitted. Any application containing material errors
or omissions may, at the discretion of the Board, be returned to the
applicant for correction, prior to the deadline for filing applications;
however, the Board is not responsible for proofreading submitted applications
to ensure the applicant has submitted a complete and proper application.
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, falsification or concealment with respect
to an application:
(a)
The application shall be invalid and the applicant shall be
disqualified from examination; or
(b)
If the applicant shall have been examined, the name of such
applicant shall be removed from the eligibility list; or
(c)
If the applicant shall have been appointed, such material misstatement,
falsification or concealment shall constitute grounds for dismissal
from the Altoona Fire Department; and
(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
Altoona Fire Department.
H.
Rejection of applicant. The Board may refuse to examine, or if examined,
may refuse to certify as eligible after examination, any applicant
who is found to lack any of the minimum qualifications for examination
prescribed in these rules and regulations. In addition, the Board
may refuse to examine, or if examined, may refuse to certify any applicant
who is:
(1)
Found to lack any of the minimum qualifications for examination prescribed
in the rules and regulations or have furnished incomplete, inaccurate,
misleading or false information on the official application or in
response to any portion of the hiring process.
(2)
Physically or mentally unfit to perform the essential duties of the
position of which the candidate seeks employment.
(4)
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.
(5)
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.
(6)
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 aggrieved by refusal of the Board to examine or certify
the applicant as eligible after examination, the Board shall, at the
request of the applicant, within 10 working days, appoint a time and
place for a public 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 Ch. 7 (relating to open meetings).[2] The decision of the Board shall be final.
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.
General examination requirements. The examination for an entry level
firefighter position shall consist of a physical agility test, written
examination, oral examination and a background investigation. The
written examination and the oral examination will be graded individually
on a 100% scale. The written examination will represent 60% of the
final score. The oral examination will represent 40% of the final
score. The physical agility test and the background investigation
will be graded pass/fail. The testing process will be as follows:
(1)
Physical agility test: Those candidates passing the physical agility test, as outlined in § 44-10B, will qualify to take the written examination.
Note: At the discretion of the Board, the written examination
may precede the physical agility testing.
(2)
Written examination: Those candidates passing the written test as outlined in § 44-10C will qualify for the oral examination.
(4)
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 § 44-11D. 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.
B.
Physical agility testing.
(1)
An applicant for the entry level position shall meet the physical
agility requirements, in accordance with the criteria established
by the Board or other agencies designated by the Board. In all cases,
the physical agility examination shall be job related and consistent
with business necessity and the candidates shall be provided with
the physical agility requirements prior to the time of physical agility
testing. The physical agility test shall be pass/fail.
(2)
Applicants who successfully pass or fail the physical agility test
will be so notified at the completion of the physical agility test
or within 30 days, by the Board. If the candidate passes the physical
agility test, the candidate will be notified of the time and place
for the next step of the hiring process, the written examination.
C.
Written examination. The written examination shall be graded on a
100-point scale, and an applicant must score 70% or higher and receive
one of the top 30 highest scores, or a lesser number if there were
less than 30 applicants who may have passed the written test, including
ties, in order to continue in the application process. Applicants
scoring less than 70% or not receiving one of the top 30 highest scores,
or a lesser number if there were less than 30 applicants who may have
passed the written test, shall be rejected. 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.
D.
Oral examination. Every applicant who scored 70% or higher on the
written examination and received one of the top 30 highest scores,
or a lesser number if there were less than 30 applicants who may have
passed the written test, including ties, in order to continue in the
application process shall be given an oral examination in order to
continue in the application process. 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 the position of firefighter.
Within 30 days after the applicants' oral examination, they shall
be informed of the score in their oral examination and total overall
score.
E.
Veterans' preference points. Pursuant to the Veterans' Preference
Act[1], any applicant for the position of full-time firefighter who qualifies as a soldier under the Act shall be accorded an additional 10 points on top of their final score by the Board, prior to being placed on the eligibility list, if that applicant qualifies under § 44-10A, B, C and D of these rules and regulations. Applicants claiming veterans' preference shall have submitted satisfactory proof of service and honorable discharge therefrom, such as an appropriate DD Form 214, with their application form.
[1]
Editor's Note: See 51 Pa.C.S.A. § 7104.
A.
Creation of eligibility list.
(1)
At the completion of the examination requirements set forth in § 44-10B, C and D, the written examination, the oral examination, and the physical agility testing, the Board shall rank all passing candidates on an eligibility list(s). The applicant having received the highest score shall be at the top of the list, with all other candidates being listed in descending order of their scores. Applicants who qualify for veteran's preference points, as outlined in § 44-10E, shall have those 10 points added to their final score prior to being ranked on the eligibility list.
(2)
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 earliest application received.
(3)
Any individual appearing on an eligibility list(s), as described above, is subject to a background investigation and no one will be certified in accordance with § 44-12A 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 § 44-11D of these rules and regulations.
B.
Duration of eligibility list. The Board shall furnish to Council
a certified copy of the eligibility list so prepared and kept. The
eligibility list shall be maintained for a period of two years or
until a new list is certified to Council, whichever occurs first,
and are public records.
C.
Review of eligibility list. The eligibility list shall be annually
examined by the Board for the purpose of deleting therefrom persons
who are permanently unavailable for or disqualified for the position
of full-time firefighter, 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.
D.
Background investigation.
(1)
The Board shall request the Fire Chief to conduct a background investigation on the top scoring eligible applicants, on the eligibility list(s), as determined by the Civil Service Board, prior to inclusion on the certified list of those eligible as set forth in § 44-12A of these rules and regulations.
(2)
The background investigation must be consistent for each applicant.
The Fire Chief will require the applicant to complete a Pennsylvania
State Police criminal background clearance (criminal history), a child
abuse history clearance from the Department of Human Services, and
an FBI criminal background clearance. Copies of the results of the
background checks will be provided to the Fire Chief before established
deadlines in order to be considered for the list of eligibles. All
costs involved in the completion of background checks will be the
responsibility of the applicant. The background checks' results must
meet the requirements of applicable state laws (23 Pa.C.S.A. § 6301
et seq.). The applicant may be interviewed directly by the Fire Chief
or his/her designee when the information collected requires clarification
or further explanation.
(3)
After the background investigation is completed, the Fire Chief or
the chief's designee shall make a written recommendation to the City
Manager on whether the applicant is appropriate for consideration
for appointment as a firefighter for the City of Altoona.
(4)
The recommendation by the Fire Chief shall be based on the criteria set forth in § 44-9H of these rules and regulations and on any other relevant information developed during the background investigation. This report to the City Manager shall be in writing and in compliance with the Americans with Disabilities Act[1] and must not include any physical history information
on a candidate. If the recommendation is to disqualify, then a detailed,
written explanation of the reasons for disqualification must be included.
The City Manager shall then make a final determination on whether
additional information is required or if the information collected
and reported warrants acceptance or rejection of the candidate.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(5)
Within 30 days after the City Manager 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.
A.
Appointing authority. Furloughed firefighters shall be given first consideration for re-employment prior to any other hiring procedure and shall be reinstated in order of their seniority as outlined in § 44-17E of these rules and regulations.
(1)
Except as provided above, every initial position of full-time firefighter
for employment in the Fire Department shall be filled only in the
following manner:
(a)
The City Manager shall notify the Board of any vacancy which
is to be filled and shall request certification (certified list of
three) from the eligibility list.
(b)
If three names are not available, then the Board shall certify
the name(s) remaining on the list.
(c)
The City Manager shall make an appointment, contingent upon
the appointees passing a medical exam.
(d)
At the time of the appointment of a full-time firefighter, the
City Manager shall advise the Mayor and City Council of such appointment.
(2)
Veterans' preference: The exception to the above procedure is when
a qualified veteran is on the certified list of three, the City Manager
shall appoint the veteran, conditioned upon passing a medical examination.
If two or more of the names on the certified list of three are veterans,
the City Manager shall have the discretion to appoint anyone of those
veterans, conditioned upon successfully passing a medical examination.
(a)
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 then be elevated to the certified list of three, if qualified
names remain on the eligibility list.
(b)
If the name of any applicant has appeared on the certified list
of three and not appointed and been rejected three times or the conditional
applicant has been determined by the medical examination process to
be unqualified, the applicant's name(s) shall be stricken from the
certified list as eligible for appointment.
B.
Physical (medical) examination.
(1)
After the City Manager 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
examination and a determination that the conditional appointee is
capable of performing all the essential functions of the position.
Physical examinations shall be under the direction of a physician
or other qualified medical professional.
(2)
The physician or other qualified medical professional shall be appointed
by the City Manager and shall render an opinion within a reasonable
degree of medical certainty as to whether the conditional appointee
has physical conditions which call 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 a firefighter. The completed forms will be certified
by the examining physician(s) indicating that the candidate is physically
fit to perform the 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 or other qualified medical
professional calls into question the conditional appointee's ability
to perform all essential functions of a position, the City Manager
or 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 accommodations, perform
all the essential functions of the position.
(5)
If, at the conclusion of the interactive discussion, the City Manager
or designee determines that the conditional appointee is not qualified,
the City Manager or designee shall give written notice to the conditional
appointee and the Board of their decision. This written notice shall
also notify the conditional appointee of their right to appeal the
decision to the Board within 10 working days from the date of the
written notice.
(6)
The rejected candidate may appeal this decision under § 44-9I of these rules and regulations. If the candidate fails to timely exercise their 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.
C.
Probationary period.
(1)
Every successful applicant for the position of full-time firefighter shall serve a six-month probationary period. For newly hired firefighters, the probationary period will begin on the first day of hire. During this probationary period, a newly hired firefighter may be dismissed for cause for the reasons set forth in § 44-9H 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 requirement expectations of the position and documentation is accurately documented.
(2)
The Fire Chief shall submit to the City Manager a final probationary
report, not less than 10 days immediately preceding the end of the
probationary period. Each report shall be submitted in writing to
City Manager. Within five calendar days after receiving a probationary
report from the Fire Chief, if the conduct of the probationer has
not been satisfactory to the City Manager, the probationer shall be
notified in writing by the City Manager 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 Manager, prior to completion
of the twelve-month probationary period, that his appointment will
not be made permanent, has no rights of appeal under these rules and
regulations.
(3)
The City Manager 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.
(4)
At the end of the six-month probationary period, if the probationer
is not notified or dismissed in accordance with this chapter, the
newly hired shall receive permanent status within the Fire Department.
A.
Application and qualifications.
[Amended 11-13-2019 by Ord. No. 5753]
(1)
Eligibility for examinations. All applicants for a promotional position,
except the Fire Chief and Deputy Fire Chief, shall not have received
a formal written reprimand or demotion for one year prior to the deadline
for submitting applications, and have not been suspended without pay
at any time three years prior to the deadline for submitting applications.
Any formal written reprimand, demotion, or suspension to which the
applicant has timely appealed pursuant to a grievance procedure or
these rules and regulations shall be disregarded unless the appeal
is resolved prior to the creation of the eligibility list.
[Amended 6-10-2020 by Ord. No. 5765]
(a)
All applicants for promotional ranking firefighter positions,
except the Fire Chief and Deputy Fire Chief, shall have continuous
prior service with the Fire Department of the City of Altoona and
additional qualifications, as follows:
[1]
An applicant for the position of Fire Captain shall have at
least 78 months of service as a Firefighter, and achieved the following
certification and education requirements:
(b)
An applicant for the position of Assistant Fire Chief shall
have at least two years of experience as a fire captain and the following
certification and education requirements:
(c)
An applicant for the position of Fire Inspector shall have at
least eight years of experience as a firefighter and the following
certification and education requirements:
(d)
An applicant for the position of Deputy Fire Chief shall have
at least five years of experience at the rank of captain or higher
and the following certification and education requirements:
B.
Discrimination. The City of Altoona is an equal opportunity employer.
It is the 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. The City Council and the Board will
provide equal opportunities in promotions.
C.
Notification.
(1)
For promotion to ranking position, at least two weeks prior to the
close of the application period, posting of a notice outlining the
qualifications for the position and requesting application forms and/or
letters of intent to apply for the position shall be conspicuously
posted in the Fire Department and the City Manager'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 be notified, by the City Manager or other individuals designated
by the Board.
(2)
The City Manager, 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. The Board may refuse to examine, or, if examined,
may refuse to certify as eligible after examination, any promotional
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:
(1)
Found to have furnished incomplete, inaccurate, misleading or false
information on the official application or in response to any portion
of the hiring process.
(2)
Physically unfit for the performance of the duties of the position
of which the candidate seeks employment.
(4)
Found to have engaged in misconduct or violation of any law of this
Commonwealth, ordinance of the City, or regulation of the department.
E.
Hearing for disqualified applicants.
(1)
Any full-time firefighter ranking promotional applicant, except the
Fire Chief and Deputy Fire Chief, who believes 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.
[Amended 6-10-2020 by Ord. No. 5765]
(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 Ch. 7 (relating to open meetings).[2]The decision of the Board shall be final.
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.
General examination requirements. The examination for a full-time
firefighter ranking promotional position (Captain, Assistant Fire
Chief, Fire Inspector or Deputy Fire Chief) shall include a written
examination, an oral examination, and an appraisal of promotional
potential, which will be graded on a 100-point scale with the written
examination representing 50% of the final score, the oral examination
representing 30% of the final score, and the appraisal of promotional
potential representing 20% of the final score.
B.
Written examination. The written examination shall be graded on a
100-point scale. An applicant must score at least 70% to be eligible
for the oral exam and continue in the promotional process. Applicants
who score less than 70% shall be disqualified. Within 30 days after
the administration of the written examination, all applicants shall
be given written notice of their examination results.
C.
Oral examination.
(1)
Every applicant for promotion who has satisfied all of the written examination requirements provided in § 44-14B above shall be given an oral examination. An applicant must score at least 70% to qualify and continue in the promotion process. Any applicant who scores less than 70% will be disqualified.
(2)
The oral examination shall involve questioning applicants on firefighting-oriented
issues, including how they would handle situations relevant to firefighter
work. Within 30 days after the administration of the oral they shall
be informed of the score in their oral examination and total overall
score.
A.
Appraisal by Fire Chief.
(1)
Every applicant for promotion who has satisfied all of the written and oral examination requirements as provided in § 44-14B and C above shall be evaluated for promotion by the Fire Chief. The Fire Chief shall complete an appraisal of promotional potential form, which shall be based on 10 merit-based factors which include:
(a)
Adaptability;
(b)
Quality and timeliness of work;
(c)
Safety awareness;
(d)
Quantity of work;
(e)
Cooperation with co-workers;
(f)
Firefighting and emergency response - quality of work;
(g)
Self-motivation/initiative;
(h)
Knowledge of the job and equipment;
(i)
Relationship with the public; and
(j)
Dependability/punctuality.
(2)
Each of these factors shall be evaluated on a scale of one to five,
with five being the highest score for a total possible score of 50
points.
(3)
The Fire Chief shall forward to the Board a completed appraisal of promotional potential form within 30 days of the Fire Chief having been requested to complete the form by the City Manager. Following receipt by the Board of the appraisal of promotional potential form, the Board shall calculate the percentage attained on the appraisal of promotional potential form by dividing the number of points scored by the total possible score of 50 (e.g., 35/50 equals 70%). The applicants' score shall then be weighted pursuant to § 44-14A above to calculate the applicants' final, overall score. All applicants shall be given written notice of their appraisal of promotional potential scores.
A.
B.
Duration of eligibility list. The Board shall furnish to Council
a certified copy of the eligibility list so prepared and kept. The
eligibility list shall be maintained for a period of two years or
until a new list is certified to Council, whichever occurs first,
and are public records.
C.
Appointment procedure.
(1)
All promotional ranking positions in the Fire Department, except
the Fire Chief and Deputy Fire Chief, shall be filled only in the
following manner:
[Amended 6-10-2020 by Ord. No. 5765]
(a)
The Board, after having established an eligibility list, shall
furnish to the City Manager a copy of the eligibility list for all
promotion ranking positions that shall have included only those that
have passed all of the components of the testing processes as outlined
above.
(b)
When a vacancy for any promotional ranking position is to be
filled, the City Manager 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 ranking 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)
The City Manager 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 ranking position,
the City Manager shall advise the mayor and 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.
D.
Probationary period.
(1)
Every successful applicant for the promotion to any ranking position,
except that of the Fire Chief and Deputy 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.
[Amended 6-10-2020 by Ord. No. 5765]
(2)
Every successful applicant for the promotion to any ranking position, except that of the Fire Chief and Deputy Fire Chief, during probation may be disciplined or discharged, depending on the severity of the violation, or returned to the position from which they were promoted, for cause for the reasons set forth in § 44-13D of these rules and regulations or because of incapacity for duty due to the use of alcohol or drugs.
[Amended 6-10-2020 by Ord. No. 5765]
(3)
In addition, any probationary ranking firefighter, except the Fire
Chief and Deputy 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.
[Amended 6-10-2020 by Ord. No. 5765]
(4)
The Fire Chief shall submit to the City Manager a final probationary
report, not less than 10 days immediately preceding the end of the
probationary period. Each report shall be submitted in writing to
the City Manager. Within five calendar days after receiving a probationary
report from the Fire Chief, if the conduct of the probationer has
not been satisfactory to the City Manager the probationer shall be
notified in writing by the City Manager that the appointment will
not be permanent and the promoted probationary ranking full-time firefighter
will be returned to the previous position held for the City.
(5)
Any probationer who is notified in writing by the City Manager prior
to completion of the twelve-month probationary period that their appointment
will not be made permanent has no rights of appeal under these rules
and regulations.
(6)
The City Manager 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.
(7)
At the end of the twelve-month probationary period, if the probationer
is not notified in accordance with this chapter, the promoted ranking
firefighter shall receive permanent status in their respective promotional
position.
E.
Appointment of Fire Chief and Deputy Fire Chief. The Fire Chief and
Deputy Fire Chief shall be appointed by the City Manager 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 or Deputy Fire Chief. In the event that
no qualified officer from within the ranks has applied for such designation,
the Fire Chief or Deputy Fire Chief shall be designated by the City
Manager, from without the ranks.
[Amended 6-10-2020 by Ord. No. 5765]
A.
Grounds for disciplinary action.
(1)
Any firefighter subject to the civil service provisions herein shall
be subject to suspension, discharge and discipline, by the City Manager,
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 and Deputy Fire Chief, shall
be discriminated against by being removed, censured or reprimanded
for any religious, racial or political reasons, or any other basis
prohibited by law.
[Amended 6-10-2020 by Ord. No. 5765]
B.
Hearings on suspension, removal or reduction in rank.
C.
Appeal process.
(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 City Manager 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. Where a firefighter who is a member of the
bargaining unit is subject to suspensions, 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.
(2)
In the event that the City Council decides to increase the size of
the Fire Department personnel, the furloughed firefighters shall be
reinstated in order of their seniority in the Fire Department. Firefighters
so notified of reinstatement must accept reinstatement within 30 days
of receipt of such notice; otherwise, such firefighter shall be deemed
to have waived any right to reinstatement.
(3)
In addition, those furloughed firefighters reinstated, as outlined
above, must be in compliance, or become compliant with the qualification
requirements outlined in these civil service rules and regulations.
