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HomeMy WebLinkAboutResolution - 2000-R0024 - Amend Civil Service Commission Rules And Regulations - 02/10/2000Resolution No. 2000-R 0024 Feb. 10, 2000 Item No. 21 RESOLUTION WHEREAS, on February 3, 2000 and February 10, 2000 the Civil Service Commission of the City of Lubbock considered amendments to the City of Lubbock Civil Service Commission Rules and Regulations; and WHEREAS, the Civil Service Commission recommends the approval of the said amendments to the City Council; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to approve the amendments to City of Lubbock Civil Service Commission Rules and Regulations as recommended by the Civil Service Commission; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the amendments to the City of Lubbock Civil Service Commission Rules and Regulations as recommended by the Civil Service Commission are hereby approved. Passed by the City Council this loth day of February , 2000. (7) �1' �-j Z' 4, a, � Max Ince, Mayor Pro'Tem ATTEST: 14 Ka ' Darnell, City Secretary APPROVED AS TO CONTENT: . -71tow- - Mary An ws Managing Director Human Resources APPROVED AS TO FORM: Tohn M. Knight v Assistant City Attorney JMK:cp Ciryatt/John/CivilServiceComm.res February 1, 2000 Resolution No. 2000-R 0024 February 10, 2000 Item # 21 Note: The attached Civil Service Commission Rules and Regulations that was revised on February 10, 2000, is a copy of the original document. Only one original document exists. The original document is kept on file in the Human Resource Department under the custody of the Director of the Civil Service Commission (a.k.a. Director of Human Resources). CITY OF LUBBOCK CIVIL SERVICE COMMISSION RULES AND REGULATIONS ADOPTED BY CIVIL SERVICE COMMISSION JULY 9,1997 Revised: FEBRUARY 10, 2000 Debra Shepherd Quincy W e David Va qu z LUBBOCK CIVIL SERVICE RULES - INDEX RULE PAGE Rule 1. General Provisions 1 Section 1.01 Repeal of Prior Rules Section 1.02 Scope of the Rules Section 1.03 Definitions Section 1.04 Non -Discrimination Rule 2. Civil Service Commission 3 Section 2.01 Regular Meetings Section 2.02 Special Meetings Section 2.03 Open Meetings Section 2.04 Notice of Meetings Section 2.05 Procedures of Commission Section 2.06 Minutes Section 2.07 Records Section 2.08 Classification and Seniority Lists Section 2.09 Committee of the Whole Section 2.10 Quorum Section 2.11 Nepotism Section 2.12 Conflict of Interest Rule 3. Original Appointment and Entrance Examinations 6 Section 3.01 Reappointment After Resignation Section 3.02 Publishing Eligibility lists Section 3.03 Posting of Notice to Conduct Entrance Examinations Section 3.04 Entrance Test Administration Procedures Section 3.05 Eligibility Lists for Original Appointments Section 3.06 Overview of Hiring Process Section 3.07 Determination of Suitability of An Applicant Section 3.08 Additional Suitability Requirements for Fire Fighter Applicants Section 3.09 Additional Suitability Requirements for Police Officer Applicants Section 3.10 Beginning of Probationary Period Section 6.09 Employee and Department Representatives Section 6.10 Exchange of Documentation and Identity of Witnesses Section 6.11 Commission Hearing Procedures Section 6.12 Rules of Evidence Section 6.13 Issues to be Determined in Disciplinary Appeals Section 6.14 Findings and Orders of the Commission Rule 7. Efficiency Reports 36 Section 7.01 Semiannual Efficiency Reports Section 7.02 Criteria for Evaluation Section 7.03 Semiannual Efficiency Report Forms and Officer Statements Section 7.04 Efficiency Report Grading Section 7.05 Policy and Procedure for Implementation of Semiannual Efficiency Reports Rule 8. Changes and Amendments 38 Section 8.01 Procedure for Changes Section 8.02 Biennial Review Rule 9. Saving Clause 39 Addendum A Firefighter Condition of Employment 40 RULE 1 GENERAL PROVISIONS Section 1.01 Repeal of Prior Rules The rules hereinafter set forth represent a complete revision of the original City of Lubbock Civil Service Rules as well as those subsequently issued. These rules completely repeal and replace such earlier rules adopted by the Civil Service Commission and the Lubbock City Council. These rules are .promulgated in accordance with the provisions of the Municipal Civil Service Law (Chapter 143 of the Local Government Code) and according to Chapter 7 of the Lubbock Code of Ordinances. Section 1.02 Scope of the Rules The scope and construction of the rules hereinafter set forth are adopted in accordance with Section 143.008, "A commission shall adopt rules necessary for the proper conduct of commission business". All situations not covered by State Civil Service Law, by City Ordinance or by these Rules shall be resolved in accordance with the City of Lubbock Personnel Policies and Procedures governing non -civil service employees. Section 1.03 Definitions All terms, words, or phrases contained in these rules shall be interpreted in accordance with the definitions contained in Chapter 143, and other applicable law. The term "Civil Service Ordinances" shall mean the ordinances codified in Article VIII, Chapter 2, and Chapter 7 of the Code of Ordinances of the City of Lubbock. The following specific definitions shall also apply: a) "Fire Fighter", "Police Officer", "Commission", "Civil Service Director", - see Chapter 143. "Fire Fighter" and "Police Officer" as referred to in Chapter 143 shall be considered to include both male and female. b) Unless preceded by the term, "the rank of in these rules the terms "police officer", and "firefighter", shall refer to all members of the Fire or Police Departments subject to the provisions of Chapter 143. c) "Civil Service Position" - any position in the classified service of the Lubbock Fire and Police Departments. d) "Classed Service" - members of the Lubbock Fire Department or the Lubbock Police Department as defined under fire fighter and police officer in Chapter 143. e) "Demotion" - whether voluntary or involuntary is a transfer of an employee from a position in one classification to a position in another classification in accordance with the classification and pay program, for which the maximum rate of pay is lower. A pay program that reduces salaries for all classifications or all salaries for a single classification is not a demotion. RULE 2 CIVIL SERVICE COMMISSION Section 2.01 Regular Meetings The Commission shall meet once a month at a regularly scheduled meeting. The day of that month will be determined by the Commission. All agenda items shall be submitted to the Director of Civil Service prior to the scheduled meeting date. Items requested to be placed on the agenda should be requested of the Director at least five (5) working days in advance of the meeting date. Section 2.02 Special Meetings Special meetings shall be scheduled by the Director of Civil Service at the direction of the Chairman or at the written request of any two Commissioners. These meetings will be posted as in Section 2.04. Section 2.03 Open Meetings Regular and special meetings of the Commission shall comply with the Texas Open Meetings Act. Section 2.04 Notice of Meetings Announcements and agenda of meetings shall be posted on the open meeting board at the City Municipal Building at least 72 hours prior to a scheduled meeting. The announcement shall contain date, time and place where the meeting will be held. Such posting shall conform to the requirements of the Texas Open Meetings Act. The Director of Civil Service shall be responsible for posting the public notices prior to each meeting and also providing this posting to the Chief of Police and Fire for distribution to various shifts or stations. The Director of Civil Service may for good cause cancel a scheduled Civil Service meeting by writing "Canceled" across the meeting notices posted in all required posting areas. The Director of Civil Service shall report said cause to the Commission. Section 2.05 Procedures of Commission The Commission may, by majority vote, adopt amendments by minuted action for the administration of these rules. Such amendments, as so identified by the Commission, shall be published within 60 days on adoption. Section 2.06 Minutes The minutes of the Commission shall record the following matters in summary form: a) adoption of minutes of the prior meeting; b) names placed on or removed from eligibility lists; c) appeal from dismissal, demotion or suspension and the action taken on those matters by the Commission; d) rules and procedures adopted by the Commission; commissioner or the commissioner's assessment of the credibility of a witness or the weight to be given to the witness's testimony. For example, if a commissioner is related to an interested party or witness or has a financial relationship with an appellant or witness, or if a witness is also a potential witness in a litigation in which the commissioner is participating the fact should be disclosed to the commission and interested parties. 5 d) Applicable minimum qualifications shall be those that comply with the statutory requirements of Chapter 143, Federal Regulations, and the appropriate State Certification agency. Section 3.04 Entrance Test Administration Procedures a) Smoking shall be prohibited at all times in the testing area. b) Roll Call - Roll shall be taken with appropriate identification and no applicant shall be admitted once test instructions start. Applicants shall be provided a copy of the test instructions sheet to read along with the test proctor. c) Honorable Discharge Credit - Those persons who desire to have discharge credit added to their test scores, must provide proof of an honorable discharge prior to the deadline for acceptance of applications. Any discharge by whatever name known that includes any language other than "Honorable Discharge" is not creditable for the purposes of this section. d) Failure to Appear - The applications of persons who fail to appear for the Entrance Examination shall be voided and shall be disposed of by the Director of Civil Service. e) Cancellation of Entrance Examination - The Commission may cancel a scheduled Entrance Examination for sufficient cause. f) Cheating - Any person taking an Entrance Examination who uses or attempts to use any unfair or deceitful means to pass such examination shall be informed by the examiner and the examiner shall void that person's exam. The examiner shall report his action to the Commission. g) Test Monitors - The Director of Civil Service may select a reasonable number of persons employed by the City of Lubbock or an agency of the State of Texas to assist in the administration, proctoring and grading of Entrance Examinations. h) Personal History Statements - Applicants shall be given a Personal History form to be completed and returned at a time designated by the Chief of the respective department. Failure to complete and return this form at the prescribed time shall constitute being deemed unsuitable for appointment as described in subsequent suitability criteria. circumstances, and any potential for the credit related problems impacting the applicant's judgment and integrity. A poor credit history alone will not disqualify an applicant, however the circumstances surrounding the financial situation which demonstrates lack of commitment to responsibly address the situation shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Criminal, Dishonest, Infamous, Or Notoriously Disgraceful Conduct: Criminal — Primary concern should be with the nature of the criminal conduct, evidence of rehabilitation, and the effect such conduct may have on the efficiency of the City. The facts and circumstances of the behavior should be considered in all decisions (even where the record has been expunged or a pardon granted — Exception: Presidential or gubernatorial pardon granted on the basis of the person's innocence). Persons under indictment or formal criminal charges may not be considered for employment until a disposition is made of the pending charges. Failure in this area shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Dishonest - Includes an act indicating deliberate disregard for the rights of others (generally through lies, fraud, or deceit) for the benefit of the applicant or other persons (i.e. offer or acceptance of a bribe; falsification of records; willful disregard for the truth; theft; issues relating to material falsification; etc.) Failure in this area shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Infamous or Notoriously Disgraceful Conduct — Conduct so bizarre or so clearly aberrant that the conduct itself evidences depravity (i.e. incest, bestiality, self- mutilation). The occurrence, particularly if recent, is normally unsuitable. (The occurrence of conduct not recent may also be sufficient cause for a finding of unsuitability if there is evidence of continuing orientation toward such behavior.) The conduct may or may not include notoriety, but generally would involve potential for notoriety and public censure if it became known after employment of the person with the City. Failure in this area shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Driving History — Unable to pass drivers license requirement; any drivers' licensing suspension within last two (2) years; convictions for three (3) moving violations within last 12 months; convictions for six (6) moving violations within last 24 months shall also be deemed as failure of the driving history check, and will result in the applicant being deemed unsuitable by the Civil Service Commission. Abuse Of Narcotics, Drugs Or Other Controlled Substances — Current or recent use or possession would ordinarily be unsuitable. Any pattern is also a finding of unsuitability unless there is a clear, lengthy break since the last occurrence. Sale, while not abuse, may fit into a pattern of drug related behavior in addition Delinguencv or Misconduct in Prior Employment — The delinquency or misconduct need not necessarily have resulted in dismissal from employment in order to be considered. If dismissal resulted, primary emphasis should be placed on the act or conduct which prompted the dismissal rather than on the mere fact of dismissal. The fact that an applicant has an employment history which demonstrates instability as evidenced by short terms of employment over the applicant's history, unreliability, or inability to perform duty; or the fact that an applicant has been involuntarily terminated from employment, or has resigned in lieu of involuntary termination for inefficiency, delinquency, or misconduct within five (5) years of the date of application, shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Prior Military Service — Any applicant with prior military service must provide proof of an Honorable Discharge. Failure in this area will result in being deemed unsuitable by the Civil Service Commission. Language Skills — Each applicant must be able to read and write English, as provided in Section 143.023 (f) of the Texas Local Government Code. Failure in this area will result in being deemed unsuitable by the Civil Service Commission. Interpersonal Skills — Any applicant which has demonstrated inadequate interpersonal skills with past supervisors, subordinates, co-workers, peers, or members of the public, etc. as evidenced by inability to take direction from supervisors, inability to accept constructive criticism, fights, arguments, heated disagreements, confrontations, difficulty in understanding the needs of others inability to empathize, bias or prejudice in dealing with specific ethnic or socioeconomic groups, shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Public Image — Each applicant must demonstrate the ability to adopt reasonable grooming standards consistent with contemporary community standards and expectations to include cleanliness and neatness, to take pride in his personal appearance and professional bearing, to work to stay in good physical condition, and to maintain his uniform and equipment in acceptable condition. Failure in this area shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. Initiative — Each applicant must provide demonstrated efforts of initiative as evidenced by self growth (i.e. reading seminars, formal education, etc.), positive self initiated changes in previous employment for growth purposes, persistence in striving to obtain personal objectives, and the making of suggestions for improved efficiency or productivity. Failure in this area shall be sufficient cause for the applicant to be deemed unsuitable by the Civil Service Commission. I1 information directly related to the criteria for determining suitability set forth in Section 3.07 of these rules. The same scoring criteria and method shall be utilized to score and to determine suitability for each applicant interviewed as part of a group of applicants participating together in the appointment process. The following guidelines will be used to rate each applicant in the interview board process. An applicant will be considered to have failed the interview board in any of the following circumstances: 1) Two or more raters fail the applicant in two identical criteria for determination of suitability; 2) A majority of raters fail the applicant in any single criteria for determination of suitability; or 3) An overall score equal to less than 70% passing. Fire Chief Interview. The Fire Chief shall consider each applicant for interview. Interviews will focus on the criteria for determination of suitability outlined in Section 3.07 of these rules. The Fire Chief will make a recommendation of suitability or unsuitability to the Civil Service Commission. Medical Examination. All applicants will be required to undergo and successfully pass a thorough medical examination provided by the City of Lubbock. This examination will include testing for drug dependency or illegal drug use. This physical will be based on criteria listed in 5.02 of these rules and any additional requirements listed in the National Fire Protection Standard 1582 Standard on Medical Requirements for Fire Fighters." Any applicant that fails the Medical Examination will be deemed unsuitable by the Civil Service Commission Condition of Employment. Failure to commit to the conditions of employment by execution of a written statement of 'Firefighter Condition of Employment" as set forth in Addendum A shall render the applicant unsuitable by the Civil Service Commission: Section 3.09 Additional Suitability Requirements for Police Officer Applicants Applicants for the position of Probationary Police Officer will also be required to successfully meet the following criteria in order to be deemed suitable for appointment. Physical Ability Assessment. The department shall conduct a physical ability assessment of the applicant. Minimum physical qualifications for probationary police officer shall be determined by validation studies designated by the Human Resources Department. An applicant failing to reach a minimum passing score on the physical ability assessment shall be deemed unsuitable by the Civil Service Commission. 13 B -PAD Behavioral Personnel Assessment. All applicants will be required to undergo and successfully pass the B -PAD Behavioral Personnel Assessment. The assessment will focus on those scales described in the B -PAD Behavioral Personnel Assessment Manual of Administration & Scoring, 1993. The qualifications set forth in that manual will be used to determine applicant scores and the department will determine whether the applicant has passed or failed the assessment pursuant to guidelines set forth in the manual. The B -PAD Behavioral Personnel Assessment manual and materials are copyrighted and should be released to any applicant or the public for purposes of maintaining the integrity of testing criteria. Polygraph Examination. All applicants will be required to undergo a polygraph examination conducted by the department. The examination shall be conducted in compliance with the provisions of the Polygraph Examiners Act, Article 4413 (29c), Texas Statutes and Codes. The examination shall focus on one or more criteria for determination of suitability outlined in Section 3.07 of these rules. Psychological Examination All applicants will be required to be examined by a licensed psychologist or psychiatrist and be declared in writing by that professional to be in satisfactory psychological and emotional health as required by TCLEOSE Rule 217.1 pursuant to Texas Occupations Code Section 1701.306. Any applicant who fails the psychological exam will be deemed unsuitable by the Civil Service Commission. Section 3.10 Beginning of Probationary Period. The probationary period shall be one year and begins on the first day of employment. All Fire Fighters and Police Officers shall serve a probationary period of one year. beginning on the date of employment with the department as a Fire Fighter or Police Officer or academy trainee. a) During the probationary period, Police Officers and Fire Fighters are employed "at will" and shall be subject to discharge at the discretion of their Department Head, which discharge shall be final and unappeasable to the Commission. b) Probationary employees shall only have such rights as designated by the City of Lubbock Personnel Policy Guidebook for probationary employees and departmental rules and regulations. Probationary employees shall not be entitled to: 1) Specific charges filed against them; 2) A hearing before the Civil Service Commission or a Third party hearing Examiner; 15 RULE 4 PROMOTIONAL EXAMINATIONS Section 4.01 Frequency of Promotional Examinations The Commission shall cause promotional examinations to be given as often as required to fill vacancies. As soon as the Chief of the department anticipates a vacancy, he shall advise the Director of Civil Service. In those cases where it is not possible to anticipate a vacancy, such as a death or resignation of an incumbent, the Chief of the department shall advise the Director as soon as the vacancy occurs. When the Commission is notified of a vacancy or an anticipated vacancy, it shall proceed to conduct a promotional examination. Section 4.02 Notice of Promotional Examinations Notice of a promotional examination shall be posted by the Commission not less than 31 days prior to the date set for the promotional examination. Section 4.03 Content of Promotional Examination Notices Notices for promotional examinations shall contain the following information: a) Classification to be tested for and its salary. b) Date, time and place of examination. c) Qualifications required to take the examination. d) Dates during which the "Intent to Take Examination" forms can be filed. e) Place where "Intent to Take Examination" forms can be picked up and returned. Section 4.04 Intent to Take Examination Forms This form shall be designed and prepared by the Director of Civil Service. The Commission shall allow not less than 10 working days for eligible candidates to file this form from the date said forms are made available. When said forms are filed, a receipt shall be provided to the applicant. Section 4.05 Eligibility for Police Corporal or Fire Equipment Operators In computing the time -in -grade requirements for the positions of Police Corporal or Fire Equipment Operator, a Police Officer's or Fire Fighter's probationary service shall not be included. Section 4.06 Posting of Source Material A list of source materials for which the questions shall be taken shall be posted at least 91 days before the date of the examination. Each source shall be cited in standard bibliographical form, identifying the exact book, pamphlet, statute or any other referenced material. Any chapters or 17 sheet, instruction sheet and the source materials from which the test questions were taken. In order to ensure fairness to all and maintain the integrity and security of the tests, the following procedures shall be used: a) Source materials and test folders containing the examination, answer sheet, instruction sheet and scratch paper for each individual tested shall be available for their examination at the test review location. b) Each individual shall be allowed to examine his own test, answer sheet, verify the number of questions missed and fully examine each question missed. c) An individual who desires to protest a question may submit the appeal in writing on an Appeal Form provided by the Director within the five (5) business days immediately following the day of the test. The Appeal Form shall include the following information: 1) The date and classification of the test being appealed. 2) Information shall be provided stating the basis for the appeal and request for a commission hearing. 3) The specific action desired on the part of the Commission (Le. delete question, change answer, etc.) d) A written notice and a copy of any question protested shall be provided to the department for distribution to all locations where tested individuals work. Individuals, who have taken the exam in question, who desire to appear before the Commission either in support of the accepted answer for a protested question or to join in the protest of this answer, shall be permitted to express their rationale concerning the proper answer. This rule does not exclude individuals or City officials responsible for administering the exam or duly identified representatives of individual examinees. e) Once appeals are received, the Director of Civil Service shall prepare a written response for each appeal filed, which shall be attached to the appeal: 1) Question number 2) Question and answers as they appeared on the test 3) Correct answer as shown on the scoring key 4) Copy of the page(s) from which the question was pulled or those being referenced by the person appealing to support the appeal 19 7) A majority of the Commission agreeing on a decision will determine the final decision on that question. 8) After announcing their decisions on each question, the Director of Civil Service will re -score all answer sheets and establish a new eligibility list during the hearing. The amended eligibility list shall have the same effective date as the original list. If a question is deleted, the total number of test questions will be reduced and the new eligibility list will be based on the remaining number of questions. For example, if two questions are deleted, this reduces the total number of questions on the test to 98. The value of remaining questions will be changed to equal a total of 100 points. Seniority points will then be added. The new eligibility list will be typed and posted within 24 hours. Section 4.11 Source Materials a) Beginning with the effective date of these procedures, the Chiefs shall appoint Source Materials Review Committees for both Fire and Police Departments. These committees will be appointed annually and will submit recommendations regarding source materials lists to the Chiefs. The Chiefs will make the final source material list. The Commission in a public meeting will approve all source material lists submitted by the Chiefs. Once so approved, they shall go into effect immediately following such approval and will remain in effect until altered by further actions of the Commission. Any list that is changed will note a revision date. b) Any amendments to Source Materials lists must be made ninety (90) days prior to any test date. Section 4.12 Procurement and Maintenance of Source Materials a) Upon receipt of an approved change to the source materials list including the addition of new source materials, the Chiefs shall take steps to insure that those new materials are made available to all interested candidates as soon as possible, but not later than ninety (90) days prior to a promotional examination to which those materials pertain. b) Source material shall be of reasonably current publication and be made reasonably available to each member of the fire or police department. c) Any individual who at any time finds source lists materials to be missing shall be responsible for notifying the Chiefs of the missing materials verbally and in writing immediately upon making such discovery. Section 4.13 Cheating on Examinations Any examinee who uses or attempts to use any unfair or deceitful means to pass an examination shall be informed 21 eligibility list shall be based upon their examination raw scores only. In the event the examinees are still tied, their order on the eligibility list shall be based upon whomever has the greatest length of time in their present grade or classification. In the event the examinees are still tied, their order shall be decided by their rank on the preceding eligibility list from which they were promoted. Where the entrance exam is used, officers who did not take the entrance exam under the provisions of 143.0251, the rank on their original entry test shall be used. In the event that their rank ties with another officer's test rank then seniority will be the determining factor. f) Removal from Eligibility List - A person occupying a position on a current eligibility list shall be removed from the eligibility list by the Commission whenever he 1) terminates from the classified service, or 2) voluntarily requests that he be removed, or 3) declines an offered promotion three times, or the head of the department passes over such person and such bypass is not challenged or is upheld by the Commission, or any combination of the two for three times, with written reasons filed thereafter by the head of the department with the Commission and not set aside. g) Exhaustion of Eligibility List - If all candidates on a given promotional eligibility list reject a position, all shall be considered to be removed from the promotional list, the list shall be considered to be exhausted and a new examination shall be posted. New examinations posted following the exhaustion of a promotional eligibility list due to rejection of a position may be dropped to the next lower classification as specified in Chapter 143. Section 4.16 Selection Process a) Declination of Promotion - Any individual offered a promotion as the next eligible candidate from a Fire or Police Eligibility List may decline such promotion for reasons , which seem to him to be necessary and appropriate. Those reasons shall be furnished in writing to the head of the appropriate department for his consideration and retention in file. If a candidate verbally turns down a position but does not sign a form it will also be valid. 23 Lifting/Carrying - Requires the ability to lift or carry an object such as a spare tire, small television or stereo set, or assist in lifting an unconscious or disabled person. Running - requires the ability to maneuver, while running, around obstacles such as vehicles and trees or shrubs and maintain balance while negotiating rough terrain and uneven surfaces such as ditches, curbs and walkways. Jumping - Requires the ability to jump obstacles such as narrow ditches, small shrubs and fences. Crawling - Requires the ability to crawl through confined spaces such as storm drains, attics and crawl spaces that are typical in building searches. (2) Firefighter - There are several physical ability areas that are frequent and critical to the adequate performance of the position of firefighter. The applicant must be of physical condition to adequately perform in these areas. These areas are: Climbing - Requires the ability to mount and dismount various pieces of fire equipment while wearing full complement of fire fighting safety equipment such as self-contained breathing apparatus (which weighs approximately forty-five pounds), boots, gloves, pants, coat, and helmet. Requires the ability to climb and descend stairs, fences, walls and ladders ranging from eight feet to 100 feet. Dragging/pulling- Requires the ability to drag/pull a variety of fire hoses ranging from 30 pounds to several hundred pounds; requires the ability to drag/pull heavy, bulky items such as personal household items and commonly used fire tools and equipment; requires the ability to drag/pull an unconscious or semi-conscious person to safety. Lifting/Carrying - Requires the ability to lift/carry, with assistance, fire department tools, equipment and hoses, or assist in lifting or carving an unconscious or disabled person. Forcible Entry - Requires the ability to use heavy sharp or blunt objects to make a safe passage through roofs or doors. b) Physical Examination - The physical examination shall include a thorough medical examination including a back x-ray, chest x-ray and laboratory tests as necessary. The physician may administer additional tests and examinations as are deemed necessary and proper to determine whether such applicants are physically capable of performing the duties of the 25 duties for which they are being considered or which would present a health problem for employees of the department 8) Applicants shall be free from chronic diseases that prevent the performance of duties of the position for which they are being considered. 9) Respiratory System - Applicants shall be free from chronic infections and respiratory ailments, which would prevent the performance of the duties for which they are being considered. cj Other Requirements - The above physical requirements are not exclusive and other existing physical defects or conditions which exist that would prevent the applicant from acceptably performing the duties of the position for which he is being considered shall be grounds for rejection. Section 5.03 Educational Requirements All Civil Service applicants shall be required to have at least a high school diploma or a GED at the time of application. Section 5.04 Returning Employees Any persons desiring to return to the classified service from any physical or medical condition, shall submit a report from his personal physician stating that the employee has recovered from his temporary disability to the extent necessary to resume his duties. If the Commission or the head of the department questions the report, the procedure found in Chapter 143.081 shall be followed. 27 An employee who has voluntarily resigned or retired from the Civil Service forfeits all rights to the disciplinary appeal processes, unless the appeal or request for hearing was timely filed prior to retirement or resignation. An employee who has voluntarily accepted an agreement in writing which expressly evidences the intent to finally resolve the issue(s) of any form of disciplinary action or promotional passover imposed shall also include a statement to the effect that the employee waives all rights to further proceedings in the disciplinary appeal processes for such specific disciplinary action. Section 6.04 Procedure for Appeal It shall be the duty of the Civil Service departments and also of all employees to use every effort to resolve conflict within the department concerned and to minimize resorting to the appeal processes. No matter what the conflict, management and the employee(s) concerned shall make good faith attempts to peacefully resolve the conflict prior to beginning each subsequent step of the appeal process. Should an employee desire to appeal a disciplinary suspension the appeal request will then be considered by the Commission in a public meeting. The employee's notice of appeal must be filed in writing in the Director's office within ten (10) calendar days after the employee receives a copy of the Department Head's written statement of suspension, indefinite suspension, promotional passover, or involuntary demotion. An employee may withdraw his/her appeal by written statement to that effect, delivered to the Director's office at any time thereafter. The statement of withdrawal of the appeal shall operate as a waiver of any and all rights of appeal. The employee's notice of appeal and request for hearing shall set forth the employee's basis for appeal in compliance with Chapter 143.010. Section 6.05 Failure to Timely File an Appeal Failure on the part of an employee to file an appeal of a disciplinary action with the office of the Director within the ten (10) calendar day period allowed in Chapter 143 constitutes a waiver of any and all right to appeal. Section 6.06 Commission Disciplinary Hearings If an employee appeals a disciplinary action to the Commission, the Commission shall hold a hearing and render a decision in writing within thirty (30) days after the date it receives notice of appeal. The employee and the Commission may agree to extend the thirty (30) day period and postpone the hearing or the deadline for the final ruling. Section 6.07 Director to Coordinate all Matters The location and accommodations for all hearings and appeals shall be arranged by the Director of Civil Service. 29 with the Director at least ten (10) calendar days prior to the scheduled hearing date in order to be processed in time. The Director may issue subpoenas on behalf of the Commission. Section 6.11 Commission Hearing Procedures At the scheduled time and place, the hearing shall be called to order. All parties shall come to the hearing prepared and ready to proceed so as to minimize any disruption of the hearing process. All parties shall bring at least six (6) copies of all documents or exhibits to be considered by the Commission at the hearing. All disciplinary appeal proceedings shall be public hearings. A record of the proceedings, capable of clear and accurate reproduction or transcription, shall be made and maintained by the Director. After being called to order but prior to the beginning of testimony or evidence, consideration shall be made as to any motions, requests or jurisdictional matters as submitted by either party. The participants shall also seek to obtain as many stipulations as possible as to non -contested or non -material maters. The Commission may "carry" such motions until the hearing is completed and all factual evidence has been presented before making its final ruling thereto. Both parties may be allowed to make brief opening statements. Unless waived by the participants, the hearing shall then proceed with the reading into the record the statement of charges and specifications as well as factual summary of the operative events as filed with the Commission by the Department Head and which forms the basis of the disciplinary action imposed on the employee. The hearing shall then proceed to develop the evidence and testimony as to those contested matters. The City shall go first in the presentation of evidence and testimony. Thereafter, the responding party shall have the opportunity to respond with its own evidence, witnesses or testimony. Thereafter, the City may come forward with rebuttal evidence or testimony as may be necessary. Presentations by both parties shall be as brief and closely related to the issue(s) as much as is possible. Throughout the proceedings, Commission members may also ask their own questions as needed in order to aid their consideration of the testimony or evidence. Witnesses may be sworn and there testimony taken under oath or affirmation. Witnesses are subject to reasonable and relevant cross-examination by the opposing party. Upon request by either party, the hearing process may utilize what is commonly known as "the Rule" concerning oral testimony, meaning that all persons who shall be expected to testify at the hearing, other than, shall the parties and their representatives 31 After the close of the presentation of evidence and testimony, both parties shall be given an opportunity to make closing summations. Thereafter, the Commission may adjourn to executive session for deliberation. Thereafter, the Commission shall reconvene in open session and shall, upon motion and second, make its decision. Thereafter, a written order containing same shall be prepared and signed by the Commissioners. Section 6.12 Rules of Evidence Technical rules of evidence shall not apply nor control the conduct of any civil service hearing. The scope of evidence to be considered at a disciplinary hearing shall be generally limited to matters relevant to the statement of charges as set forth in the Department's written statement, the employee's notice of appeal as well as the employee's previous employment record with the Department. Either party may offer such relevant evidence as he/she may desire to aid in the determination of material disputed issues. It shall be the province of the Commission to ultimately determine: a) the non -admissibility or non -consideration of any particular evidence or testimony; b) the relevance of non -relevance of any particular evidence or testimony; c) the credibility, or lack thereof, of any particular evidence or testimony; and d) the materiality or "weight" to be given to any particular evidence or testimony. Subject to limited exceptions for compelling reasons shown by a party, the Commission shall refuse to hear or consider any testimony or item of evidence if the hearing has been closed. By agreement of all parties the Commission may receive and consider the evidence of witnesses by affidavit when such witnesses are otherwise unable to attend. The Commission may assign same such weight as it deems proper. When witnesses are not available for the Commission meeting copies of such affidavits shall be given to the opposing party prior to the hearing. On-site inspections shall be discouraged and may be conducted only if the evidence to be considered cannot be otherwise presented via stipulations, photographs, videotapes, maps, diagrams, etc. ti 33 If modifying the disciplinary action of the Department, the final order shall clearly explain in writing the factors and rationale for doing so. If affirming the disciplinary action of the Department, it shall be presumed for same reasons and facts as presented by the Department unless otherwise indicated. When necessary, the Commission may consider matters involving questions of applying Chapter 143 to facts or events which may arise during the disciplinary appeal process and which are outside the scope of the Department's statement of charges or the employee's notice of appeal. The Commission shall do so only after obtaining an agreement from the parties as to precisely what issue(s) is to be decided. If no such agreement can be reached, then the Commission shall use its best efforts to avoid the dispute issue(s) and proceed to determine only the factual merits of the disciplinary action properly before the Commission. The final ruling and order of the Commission may be made by the majority vote of two of the three Commissioners present. If only two Commissioners are present, the final ruling and order must be made in agreement by both Commissioners present. A copy of the Department's disciplinary action, a copy of the employee's request for appeal, the record of the proceedings, a copy of the exhibits submitted together with a copy of the final decision shall be filed in the Commission record. These records may be cited as reference material in subsequent determinations by the Commission. 35 and procedures necessary or convenient for the implementation of this rule. Efficiency Reports may be utilized in matters relating to operation of the police department, including employment, special assignments, promotions and disciplinary actions. 37 RULE 9 SAVING CLAUSE The provisions of these rules are declared to be severable. If any rule, section, sentence, clause, phrase, or word of these rules shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining rules, sections, sentences, clauses, phrases, and words of these rules, but they shall remain in effect, it being the legislative intent that these rules shall stand not 39 Addendum A Firefighter Condition of Employment I, for the sole consideration of being considered for the position of Firefighter, with the City of Lubbock Fire Department, acknowledge and affirm the following. 1) I understand that the City of Lubbock Fire Department, Rules and Regulations, Section F (2) (b) applies to all members and states in pertinent part: 2) As a condition of continued employment, a Firefighter hired after July 9, 1997 shall Successfully complete the annual physical fitness testing a prescribed by the Fire Chief. Gain and/or maintain certifications as required by the Texas Commission on Fire Protection Personnel Standards and Education. Gain and /or maintain medical certifications, as specified by the Fire Chief. 3) I understand and agree that I am subject to Section F (2) (b) of the Lubbock Fire Department Rules and Regulations. I understand and agree that I will be required to successfully complete the annual physical fitness testing throughout my career with the Lubbock Fire Department. I further understand and agree that I will be required to gain and maintain all certifications, as required by the Texas Commission on Fire Protection Personnel Standards and Education. I further understand and agree that, when required by the Fire Chief, I will gain and maintain any required medical certifications. I understand and agree that failure on my part to comply with any of the above provisions of the Lubbock Fire Department Rules and Regulations, during my employment with the Lubbock Fire Department will constitute grounds for dismissal from the Lubbock Fire Department. 40