[HISTORY: Adopted by the City Council of the City of Lancaster as Article 149 of the Codified Ordinances. Amendments noted where applicable.]
The direction, supervision and control of the Fire Bureau shall be vested in the Fire Chief. He shall be one who has had training and experience in the work of fire prevention and protection. He shall be appointed by the Mayor, by and with the consent of the Council, and shall act under the direction and supervision of the Director of the Department of Public Safety. He shall be deemed to exercise grave public duties and shall serve at the pleasure of the Mayor.
The Fire Bureau shall hereafter consist of superior officers and firemen (including the Fire Chief, but excluding special duty officers and private or temporary extra firemen who may be appointed as provided by law), who shall comply with such regulations as may be prescribed by the Director of Public Safety, the Fire Chief or their respective superior officers within the force, and shall hold office for the term prescribed by law.
All members of the Fire Bureau shall be termed "firemen," except those who may be designated by the Director of Public Safety, by and with the consent of the Council, as superior officers, of which the following may be appointed to hold such rank or designation and assignment during the pleasure of the Council: Deputy Chiefs, Battalion Chiefs, Captains and Lieutenants.
The number of members of the Bureau of Fire, including the Fire Chief, shall be no more than 118.
If there is a reduction in the number of active first line pumpers, ladder trucks or aerial platforms, any officer presently assigned to such piece of apparatus thus eliminated shall not be reduced in rank because of such elimination.
All other members of the Bureau of Fire not designated above shall have the grade of fireman.
In addition to the foregoing, one mechanic may be attached to the Fire Bureau as a special duty officer, who need not be a member of the Fire Bureau, but who shall be appointed by the Director of Public Safety, by and with the consent of the Council, to hold such rank or special designation and assignment during the pleasure of the Council.
The Fire Marshal shall perform all duties prescribed by the Acts of Assembly of the State of Pennsylvania, and such duties as the Council by ordinance shall direct.
[Amended 8-24-1999 by Ord. No. 4-1999]
The procedures herein set forth shall govern all promotions in the Bureau of Fire.
The Fire Chief shall be appointed by the Mayor, by and with the consent of Council, and shall serve at the pleasure of the Mayor.
Promotions to the rank of Assistant or Deputy Chief shall be made by the Fire Chief and the Mayor.
Promotion to Battalion Chief, Captain, or Lieutenant shall be made from eligibility lists established annually by the Fire Civil Service Commission for the Lancaster Bureau of Fire pursuant to the procedures as set forth throughout this section. All other vacancies are subject to the labor agreement between Local 319 I.A.F.F. and the City of Lancaster.
[Amended 11-28-2000 by Ord. No. 10-2000; 9-8-2015 by Ord. No. 10-2015]
The location, time, date and test resource material (if such is provided for any written exams) for the positions of Battalion Chief, Captain or Lieutenant shall be posted at the time of the initial examination announcement. Subsequently, the location, time and date of the oral exam shall be posted.
[Amended 11-8-2000 by Ord. No. 10-2000; 9-8-2015 by Ord. No. 10-2015]
Eligibility for candidates to take promotional examinations shall be as follows:
[Amended 11-28-2000 by Ord. No. 10-2000]
For the position of Fire Lieutenant, minimum of two years in grade as a Journey Firefighter.
For the position of Fire Captain, minimum of two years in grade of Fire Lieutenant.
For the position of Fire Battalion Chief, minimum of two years in grade of Fire Captain.
[Amended 9-8-2015 by Ord. No. 10-2015]
A minimum score of 70% on the written test and 70% on the oral test will be required in order for the candidate to be placed on the eligibility list. Percentage and point values for promotional testing on the three sections are as follows:
[Amended 9-8-2015 by Ord. No. 10-2015]
Section 1, written examination: 60%.
Section 2, oral examination: 40%.
Section 3, seniority points. An allowance of 1/2 point for each full year of service in the grade the candidate is in at the time of eligibility for promotion, not to exceed a total of five points, shall be added to the total and final grade of each candidate, after the candidate has received a 70% grade on both the written and oral examinations.
The Fire Civil Service Commission will establish proper precautions to prevent unauthorized persons from securing, in advance, questions to be used in a test.
All examinations shall be given under the general supervision of the Fire Civil Service Commission which shall prescribe the regulations and procedures to be followed in taking examinations.
Oral examinations are to be given by an Oral Examination Board composed of not less than three persons. One shall be an individual who is not affiliated with the fire service profession but has experience and training in the human resources/management field and the remaining members will be paid fire service chief officers. The oral Board members shall be individuals who have not previously served in a professional capacity with any of the candidates to be examined. The Civil Service Commission shall appoint the Oral Examination Board with input from the Chief and Deputy Chiefs. A member of the Civil Service Commission shall be present during the oral examinations. Also, a member of Local 319 who is not a candidate for the tested position shall be present during the oral examinations; provided, however, that the union member complies with any procedures and signs any confidentiality documents required by the Commission's Secretary as necessary to protect the confidentiality of the oral examinations. Further, if a candidate does not want a member of Local 319 present during the time the candidate takes his or her oral examination, there shall be no member of Local 319 present during that candidate's oral examination.
All final total scores from the eligibility list shall be posted as directed by the Commission. Candidates who have not achieved a passing score of 70% may receive their scores from the office of the Fire Chief.
Should a tie exist on the eligibility list, the candidate with the longest period of service at the Fire Bureau shall be placed ahead of the person with whom the tie exists.
All promotional eligibility lists certified by the Fire Civil Service Commission shall be valid for a period of one year from the date of certification.
Promotions shall be filled, as far as practicable, from among persons holding positions in the next lower grade in the Fire Bureau.
Procedure for Civil Service certification and promotion in the Fire Bureau shall be as follows:
[Amended 9-8-2015 by Ord. No. 10-2015]
The Mayor shall request of the Civil Service Board the certification of a list for possible promotion. In requesting, the Mayor or Chief shall indicate to the Civil Service Board the rank for which certification is requested.
The Civil Service Board shall submit a certified list of the three highest scoring candidates, from a list being effective for a period of not more than two years from the date of certification. If there are less than three candidates on the eligibility list, the Civil Service Commission shall submit those so certified.
The Mayor, after consideration of the recommendation from the Chief, may appoint from the highest scoring three applicants certified as eligible by the Civil Service Board, one of the individuals for the position.
If there are less than three applicants so certified, the Mayor, after consideration of the recommendation from the Chief, may select from the one or two on the list so certified for the position.
If the Mayor chooses to promote, the person shall be approved, the promotion reported to City Council and made part of the minutes of City Council.
Should the Mayor not approve any of the persons on the list certified by the Board, no promotion shall be made.
The Mayor shall make appointments with sole reference to the relative merit and fitness of the candidate.
Once an individual is approved for promotion, everyone remaining on the list shall move up one place on the list, except those individuals who were higher on the list than the individual promoted.
If the name of any candidate has been submitted to the Mayor and rejected three times, then such name shall be stricken from the eligibility list.
If the name of any candidate has been submitted to the Mayor and approved, but the candidate declines to accept an appointment at that time, then that candidate's name shall be stricken from the eligibility list.
All promotions to civil service positions are subject to a six-month probationary period.
All successful candidates for promotion to a civil service position shall be subject to the drug testing policy of the Lancaster Bureau of Fire. If drug testing reveals that a candidate is violating the drug policies of the Lancaster Bureau of Fire, that individual shall not be eligible for promotion, but may become eligible for future promotions only if the candidate successfully completes the requirements of the Lancaster City Fire Bureau drug testing policies.
An individual who was formerly a fire fighter or officer with the Lancaster City Bureau of Fire and resigned from the Lancaster City Bureau of Fire may seek reinstatement if the individual completes an application on the applicable Fire Bureau civil service application form and if a vacancy exists. Also, no individual shall be eligible for reinstatement if the time period between the date of resignation from the Fire Bureau and the date of application for reinstatement is more than three years.
An individual with less than three years of continuous service with the Lancaster City Bureau of Fire or who has not achieved the Fire Fighter III grade may not seek reinstatement, but shall be treated as a new applicant.
An individual who is receiving a pension from the City of Lancaster Bureau of Fire shall not be permitted to be reinstated to a position with the Lancaster City Bureau of Fire.
The decision to reinstate an individual shall be made at the discretion of the Lancaster City Bureau of Fire Civil Service Commission based on the factors set forth below:
The Director of Public Safety and the Fire Bureau Chief do not oppose the individual's reinstatement.
The individual is physically able to perform the duties of a Lancaster city fire fighter as established by the current physical abilities tests.
The individual must pass a physical examination meeting the requirements for new applicants and any psychological and substance abuse examinations.
There were no charges of misconduct or other malfeasance while the individual was employed by the Lancaster City Bureau of Fire.
The individual shall also provide to the Civil Service Commission the individual's reason for resignation, reason for requesting reinstatement and the activities of the individual after the individual's resignation, and other relevant activities of the individual after the individual's resignation and prior to reinstatement for the Commission's statement.
In order to be reinstated, the individual must meet all current eligibility requirements in effect for new applicants for positions with the Lancaster City Bureau of Fire.
A reinstated individual shall be rehired with no seniority. Seniority will be established as of the date of rehire.
Notwithstanding other language in this Rule, a reinstated individual shall have seniority above any probationary fire fighters who may be employed by the City of Lancaster at the time reinstatement occurs.