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RULE III: Position Classification

Positions in the Civil Service are established by the Fairfield City Council and the Fairfield School Board (124.40).

Positions in the Civil Service shall be classified in accordance with an established plan which shall provide that any and all positions whose duties, responsibilities, and necessary qualifications are sufficiently alike shall be allocated to the same class (where appropriate) with a title which shall be descriptive of the duties performed and with a salary range which will compensate each employee assigned to the class on a like basis.

A class specification shall be prepared for each class setting forth the class title, salary range, typical duties and responsibilities, and the necessary qualifications. It shall set forth the factors and conditions which are essential characteristics of the class and also factors and conditions which separate it from other classes.

RULE IV: Applications

All applicants must be citizens of the United States or have legally declared their intention of becoming United States citizens (124.25).

1. Application Blanks Furnished

Application blanks or examinations shall be furnished by the Commission. Application blanks for entrance examinations shall provide for the submission of the information as set forth in the Ohio Revised Code (124.25).

2. Completion of Application Blanks

Application blanks must be legibly completed and signed by the applicant, in his own handwriting, and filed in the offices of the Commission within the time limit fixed by the Commission for the particular examination (124.41).

3. Police Department Applicants

Applicants for examinations for original appointment to the police department as a police officer must have attained the age of twenty-one (21) on or prior to the date of examination and no person shall be eligible to receive an original appointment as such on or after his thirty-fifth (35th) birthday2 (124.41).

4. All Other Applicants

All other applicants for examinations for original appointments other than for original appointments to the Police Department must have attained the age of eighteen (18) on or prior to the date of the examination.3

5. Other Requirements

The Commission may require in connection with applications such certificates of persons having knowledge of the applicant as the service demands. The Commission may refuse to appoint or examine an applicant, or, after an examination, refuse to certify the applicant as eligible, who is found to lack any of the established preliminary requirements of the examination, who is addicted to the habitual use of intoxicating liquors or drugs to excess, who has a pattern of poor work habits and performance with previous employers, who has been convicted of a felony, who has been guilty of infamous or notoriously disgraceful conduct, who has been dismissed from either branch of the civil service for delinquency or misconduct, or who has made false statements of any material fact, or practiced, or attempted to practice, any deception or fraud in the application or examination, in establishing eligibility, or securing an appointment (124.25).

RULE V: Examinations (O.R.C. 124.22, 23)

 Examinations may be held at such places as the Commission deems advisable and shall be administered under its directions.

1. Notice of Examinations

A. Notice of examination shall include time, place, general scope, application filing deadline, and the qualifications specified for the position.

B. Notice of competitive entrance examinations shall be given through the local newspapers and by position notices conspicuously on the Municipal Building bulletin boards, the school bulletin boards, in the office of the Commission and in such other places as deemed advisable, not less than two (2) weeks prior to the closing date for applications of such examinations.4 Notice may be given in electronic format as well as written or printed form (124.23).

C. Notice of competitive promotional examinations to be held shall be given by posting of bulletins in conspicuous places in the departments whose employees may be interested or such notice may be by individual communications to the employees eligible for such promotion. Such notice shall be given not less than two (2) weeks prior to the closing date for applications for such examinations.5

2. Examination Postponed

A. Examinations, unless postponed, must be held upon dates fixed by the Commission. Examinations may be postponed by order of the Commission, which order shall designate the reason therefore.

3. Types of Examinations

A. Entrance Examinations: Entrance examinations shall be practical in character and shall relate directly to those matters which will fairly test the relative capacity of the person examined to discharge the particular duties of the position for which appointment is sought and shall, when appropriate, include tests of manual skill. The Commission shall prescribe the subject of each examination and the relative weights to be attached thereto provided that any determination must have been adopted prior to the date of such examination.

B. Promotional Examination: Promotional examinations shall be competitive and shall be practical in character and shall relate directly to those matters which will fairly test the relative capacity of the person examined to discharge the particular duties of the position for which promotion is sought (124.31).

Promotions to positions above the rank of police officer in the police department shall be in accordance with the provisions of the Ohio Revised Code (124.44).6

4. Physical Examination

Whenever in the judgment of the Commission physical qualifications are of special importance, the candidate shall be required to pass a physical examination, and be certified as qualified in such respect, either before admission to the examination, or before being placed on appropriate eligible list, or before certification for appointment, as the Commission may deem advisable. The results of physical examinations including physician's certificates shall be used solely to determine an applicant's eligibility to take an examination or his eligibility for appointment after examination, and shall not become a part of the applicant's grade resulting from the examination.

Physical examinations, whenever required by the Commission, shall be made by a licensed physician designated by the Commission who shall furnish a certificate as to the applicant's physical condition.

5. Admitting Applicants to Examination

No applicant shall be admitted to any assembled examination more than thirty minutes after the advertised time for beginning such examination, or after any applicant competing in such examination has completed his work and left the examination room, except by special permission of the person in charge who, in his discretion, may admit the applicant conditionally, subject to the final approval or disapproval of such admission by the Commission.

6. Identity of Examinees Concealed

The identity of all persons taking competitive examinations shall be concealed by the use of an identification number which shall be used on all examination papers. The number shall be used from the beginning of the examination until the papers have all been rated. Any papers bearing the name of the applicant or any other identification marks shall be rejected and the candidate so notified.

7. Time Limits

No applicant in any examination shall be given a longer time on any subject than prescribed by the Commission when examination questions are approved.

8. Fraud in Examination Prohibited

No person or officer will or shall:

A. willfully or corruptly by himself or in cooperation with one or more persons defect, deceive, or obstruct the right of examination, appointment or employment of any person arising under the Civil Service law or under any rules and regulations prescribed pursuant thereto; or

B. willfully or corruptly, falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of the Civil Service law, or aid in so doing; or

C. willfully or corruptly make any false representations concerning the result of such examination or concerning any person examined; or

D. willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects of chances of any person so examined, registered, or certified, or to be appointed, employed or promoted; or

E. willfully impersonate any other person, or permit or aid in any manner of any other person to impersonate him, in connection with any examination, registration or appointment or application or request to be examined, registered or appointed; or

F. furnish any false information about himself, or any other person, in connection with any examination, registration, or appointment or application or request to be examined, registered or appointed; or

G. make known or assist in making known to any applicant for examination any question to be asked on such examination; or

H. assist any other applicant while taking an examination in any manner whatsoever; or

I. personally solicit a favor from any member of the Commission, or appointing officer, or have any other person in their behalf solicit a favor.

J. any applicant in any examination found to be using any means of information, other than that provided for the examination itself, to assist him in answering the questions shall have his examination papers taken up and be given a grade of zero, when the circumstances justify such action.

9. Visitors at Examinations

No visitor, other than exam proctors, shall be admitted to the examination room during any examination, except by special permission of the Commission.

10. Inspection of Examination Papers

A. Prior to grading, participants in any examination may inspect the examination questions together with the rating key of the questions for a period of not more than five (5) days after the date of examination (weekends and holidays excluded). Any protest by a participant as to the questions asked or the rating key answers must be filed in writing before midnight of the fifth day after the date of the examination, and must contain detailed information and authority therefore. Following this inspection period, the Commission shall carefully consider all objections and make such changes in the tentative rating keys as are warranted after which the rating key adopted shall be used in the actual scoring of the examination papers.

The examination papers of each contestant shall then be graded and each contestant shall be notified by mail as to their grade.

B. After notice of grade has been received, participants shall have the right to inspect their own examination papers together with the rating key within ten days of the postal date stamped on the mailed notice of their grade (weekends and holidays excluded) and to inform themselves as to the markings given to them on each subject or question. Any protest as to the grading must be filed in writing by the participant within the ten (10) day period. The Commission shall then give consideration to all protests and make such changes as are warranted. The Commission shall then establish the eligible list and no grades given in any examination shall be changed after the posting of any eligible list.

C. Papers (except examinations and recommendations of former employers) submitted by competitors in any examination shall be open to public inspection during office hours upon application to the Commission, provided such application is made in writing during the period in which persons whose names appear on the eligible list resulting from such examination are eligible for appointment (124.09).

D. In no event will individual scoring on an exam be made public until the Civil Service Commission has approved the eligibility list.

11. Credit for Military Service (This does not apply to applicants for employment in the classified service of the City of Fairfield as per Ordinance 213-81)7

When proper proof of acceptable service in the Armed Forces of the United States, as defined in the Ohio Revised Code (124.23) is presented to the Commission and such ex-service man/woman being otherwise eligible has received a passing grade of seventy (70%)8 or more in any regular entrance examination, he/she shall be granted additional credit of twenty percent (20%) of such grade, thereby receiving a final grade of twenty percent (20%) higher in view of the above mentioned service. The credit shall not be a part of but shall be added to the applicants earned grade resulting from the competitive examination provided that the applicant receives a grade of seventy (70%) or more in the competitive examination.

Requests for the additional credit for military service, together with an honorable discharge or other proof of satisfactory service, shall be submitted to the Commission within ten (10) days of postal date stamped on mailed notice of grade. Credit for military service shall not be given if the request for such credit is received by the Commission after an eligible list for an examination has been established.

12. Credit for Seniority in Promotional Exams9

Credit for seniority in service as provided for and defined in the Ohio Revised Code shall be a part of the applicant's earned grade resulting from competitive examination (124.31).

13. Method of Grading Examinations

The total grade attainable in each examination, except for special credits as outlined above, shall be 100. In examinations composed of more than one part, the method of scoring shall be:

A. Each part of the examination shall be separately rated and the proficiency of each competitor determined on the basis of a scale of 100 for maximum possible attainment.

B. Each part shall be assigned a weight which shall be based on the relative value of the part to that of the entire examination expressed in terms of tenths of the total.

C. The earned grade of each examinee in each part of the examination shall be multiplied by the weight assigned to the part and the sum of the totals plus those amounts awarded by reason of seniority shall be the earned grade for the participant. For example of examination grading procedure, see Exhibit "A" under Rule XII (124.31).

14. Voiding of Examinations

An examination may be voided and another examination ordered only when in the judgment of the Commission such action is deemed advisable by reason of errors, fraud, or obviously inappropriate standards prescribed in connection with any examination.

All competitors in the first examination shall be notified and shall be eligible to compete in the rescheduled examination without filing a separate application.

RULE VI: Posting of Lists

The Commission shall prepare and keep open to public inspection, from the returns of each examination, an eligible list of the persons whose earned grade in the examination is not less than seventy (70), unless otherwise specified by the Commission for the particular exam, and who are otherwise eligible for appointment. Such persons shall take rank upon the eligible list in the order of their relative grades. Whenever it becomes necessary to hold a subsequent examination in order to obtain additional eligibles, the Commission may consolidate existing lists for the same class by rearranging the names of those eligible therein according to their grade. All those persons whose names appear on an existing list which is to be merged with a new list shall have an opportunity to compete in the second examination (124.26).

Duration of Lists

The term of eligibility of each list and of the names appearing thereon shall be fixed by the Commission at not less than one (1) nor more than two (2) years. Any list that has been in effect for more than one (1) year may, at the discretion of the Commission, be terminated at any time in the public interest. When an eligible list is reduced to six (6) names or less a new list may be prepared (124.27).

Veteran's Preference

(This does not apply to applicants for employment in the classified service of the City of Fairfield as per Ordinance 213-81.)10

In the event two (2) or more applicants receive the same mark in open competitive examination, priority in the time of filing application with the Commission shall determine the order in which their names shall be placed on the eligible list; provided that applicants eligible for veteran's preference under the Ohio Revised Code shall receive priority in rank on the eligible list over non-veterans on the list with a rating equal to that of the veteran. Ties among veterans shall be decided by priority of filing application. In the event of two (2) or more applicants receiving the same mark on a promotional examination, seniority shall determine the order in which their names shall be placed on the eligibility list (124.23).

Transfer to Lower Class

At the discretion of the Commission, the name of any eligible may, at any time, upon his written request, be transferred to the eligible list for a lower class in the same series requiring qualifications of the same general character. He shall be ranked thereon according to his original grade.

Names Not to be Certified for Appointment

The name of any person appearing on an eligible list who:

A. fails to report or arrange within six (6) days (weekends and holidays excluded) for an interview with an appointing authority;

B. fails to respond to a notice from the Civil Service Commission;

C. declines an appointment without reasons satisfactory to the Civil Service Commission;

D. cannot be located by the postal authorities;

E. has indicated to the satisfaction of the Commission that he is no longer a candidate for that position;

Disqualifications of Eligibles

If at any time after the creation of an eligible list, the commission has reason to believe that any person whose name appears on any list is disqualified for appointment because of false statements made in his application, physical disability, or for other justifiable reasons, the Commission may remove the name of that person. The Commission retains jurisdiction of all eligible lists and may remove the name of any person for cause prior to certification to the appointing authority. Such person shall be notified and given an opportunity to be heard. If such person shall fail to appear for hearing, or upon being heard, fail to satisfy the Commission, his name shall be removed from such eligible list.

Change of Address

Each person on an eligible list shall file with the Commission written notice of any change of address, and failure to do so may be considered sufficient reason for not certifying his name to appointing authorities for future appointments.

Revocation of List

An eligible list may be revoked and another examination ordered only when in the judgment of the Commission such action is deemed advisable by reasons of errors, fraud, or obviously inappropriate standards prescribed in connection with any examination. All competitors in the first examination shall be notified and shall be eligible to compete in the rescheduled examination without filing a separate application. No eligible list shall be altered or revoked except upon written notice to all persons whose standing may be affected and upon an entry in the minutes of the Commission of the reasons for such alteration or revocation.

RULE XI: Special Provisions Affecting the Police Service (124.41)

The Fairfield Civil Service Commission considers the position of Police Officer to be of a professional level with police officers able to operate independent of direct supervision, make decisions of substantial impact, in many cases without the ability to consult supervision or management, and take actions in situations that substantially impact the liability positions of the City and the health and welfare of its citizens.

For these reasons, the Civil Service Commission has adopted these special provisions for appointment to the police department.

1. Written Test

The written test is used to identify candidates with an aptitude for police work. Candidates must attain a passing score of 70% on the written test in order to be scheduled for succeeding steps in the process.

2. Eligibility List and Certification by the Civil Service Commission

After the written test, a list will be prepared from among those applicants who have passed the written test. Candidates will be ranked in order according to their score. From that list, the candidates shall proceed to the structured oral interview and background investigation in accordance with their ranking. Candidates may be disqualified and removed from the list by the Civil Service Commission at either of those steps if they do not demonstrate satisfactory compliance with those requirements. Those individuals who successfully complete the structured oral interview and background investigation shall comprise the eligibility list and the Civil Service Commission shall certify the ten (10) names standing highest on the eligibility list to the appointing authority. Candidates on the written test list who have not been processed through the structured oral interview and background investigation shall remain on the original list, subject to successfully completing those requirements when additional candidates are needed for certification. Candidates who have been certified to the appointing authority may also be disqualified and removed from the eligibility list if it is later determined that any of the reasons for disqualification as specified in this rule are applicable to the candidate. The appointing authority shall notify the Civil Service Commission of the reason(s) for disqualification of any candidate. The candidate may appeal such disqualification to the Civil Service Commission. When certified candidates are later disqualified, the Commission will certify additional candidates upon request so that the appointing authority may select from among the ten (10) qualified and eligible candidates in making any appointment.

3. Structured Oral Interview

Oral communication skills, interpersonal skills and decision-making skills dimensions critical to the success of a police officer. Since these skills are not readily evaluated by a written test, a structured oral interview is utilized. Candidates must obtain an averaged passing score of 60% on this phase.

The structured oral interview is conducted by the city's human resources director, police command officer, police supervisor or other individuals designated by the appointing authority.

Candidates for the structured oral interview will be taken in order from the results of the written examination. A minimum of ten candidates will be invited for the oral review board. An additional number of candidates may be reviewed so that a final list of ten or more candidates may be certified by the Civil Service Commission.

The ratings given each candidate in each of the dimensions will be averaged for each rater, then the total individual score of each candidate by each rater will be average to comprise the final score.

4. Background Investigation

The purpose of the background investigation is to ensure that each applicant is morally, financially and socially suitable for employment.

The background investigation consists of two phases including a personal history questionnaire which is a lengthy, detailed inquiry to be completed by the applicant. The information supplied by the candidate will be utilized by the investigator completing the background investigation and will be verified by lie detector.

The "Authorization for Release of Information Agreement" form will give the investigator the legal authority to obtain the needed information.

The lie detector (polygraph or CVSA) is designed to verify that an applicant does not have a background that would normally eliminate consideration. This test will be conducted by a trained examiner. The questions will be based on information obtained from the personal history questionnaire.

The results of a lie detector examination should not be the sole criteria for determining the elimination of a candidate from the selection process. Admissions may be considered at face value in determining a candidate's suitability for employment, however, the results of a CVSA/polygraph examination should be considered as a source of leads for the background investigator.

5. Medical Examination

Pursuant to O.R.C. 742.38, a physician's report for minimum medical testing has been designed for use when a new police officer is employed. Minimum medical testing and diagnostic procedures were adopted by the board of trustees for the police and fire disability and pension fund in an attempt to assist the fund in evaluating disability cases resulting from heart, cardiovascular or respiratory diseases. These conditions are presumed by law to have been incurred in performance of member's official duties unless evidence of the disease is revealed in pre-employment physical or other competent evidence. A medical examination is designed to insure the overall health of the candidate and is conducted by a license physician under contract to the City of Fairfield. A drug screen is included as part of the process. In addition, state law requires that any person appointed to police officer must be certified as free of cardiovascular or pulmonary disease.

6. Psychological Examination

The psychological examination is conducted by a licensed psychologist and is designed to determine the emotional stability and psychological fitness, as well as behavioral characteristics that impact the candidate's suitability for employment as a police officer.

The nature of the psychological examination is such that the specific tests used by the psychologist must of necessity be determined by the psychologist. In all cases, the results of the examination must be valid, useful and non-discriminatory.

7. Disqualification

Pursuant to the Civil Service Commission's authority (O.R.C. 124.23) to determine qualifications as to citizenship, residence, age, experience, education, health, habit, and moral character, a candidate may be disqualified from employment and removed from the eligibility list for any of the following reasons:

a. Failure to pass the written test, structured oral interview, medical examination, physical agility test or psychological examination are grounds for disqualification.

b. Drug abuse: A history of drug abuse will generally cause a candidate to be disqualified. If an applicant has been drug free for four (4) years prior to the oral interview conducted during the background investigation process, that candidate is considered acceptable in this process. In addition, the candidate's total experience may be evaluated with regards to acceptability.

c. Credit history: Using the hypothesis that past behavior is a predictor of future behavior, and realizing that a police officer is held to a higher standard than other individuals, the Civil Service Commission believes that it is not reasonable to place a candidate with a recent history of difficulty in maintaining sound financial responsibility into a position with such high exposure to those who would compromise it. Acceptable candidates will demonstrate a good credit record for the past four (4) years. In addition, the candidate's total experience may be evaluated with regards to acceptability.

d. Work history: A person who has demonstrated a poor work ethic, including excessive absenteeism, tardiness, absences without leave, the inability to perform tasks and duties of a job, or overall unreliability, would not be considered good candidate for employment with the City of Fairfield.

e. Criminal history and/or history of traffic violations: A person who has been convicted criminally, whether felony or misdemeanor, or has a history of arrests, accidents, moving violations, DUI, revocation of driver's license, etc., would clearly pose a potential for liability to the City of Fairfield as well as a personal threat to its citizens. Each case will be judged individually.

f. Inability to meet the medical requirements: Each candidate must be in good health, free of communicable and cardiovascular disease, and fit to perform the tasks required of a police officer. This standard requires a judgment of a licensed physician. Temporary illnesses and impairments may be considered in the overall evaluation of a candidate.

g. For cause: Courts have ruled that police officers may be held to a higher standard of conduct than other citizens. Employment decisions for police officers are among the most critical decisions made by a local government. In all cases, the employment decision will be made in the public's best interest. A person may be removed from the list for cause, either specified or not specified in these rules, for which the human resources director determines that a candidate does not possess qualifications or other characteristics which the director determines important for the position being filled. This includes, but is not limited to honesty, moral character, ethical behavior, reputation, or habit (O.R.C. 124.23).

h. Waivers, withdrawal from consideration, or declination of appointment submitted verbally or in writing, are cause for the removal of candidates from the eligibility list. In addition, a candidate passed over three (3) times may be stricken from the eligibility list.