§ 42. Fire department, regulation of promotion.

(a)

Tests for promotion in the Bristol Fire Department shall be open only to those persons who have been employed as regular members of said department for five years or more prior to the last date upon which applications will be accepted for participation in the examination for promotion to the rank of lieutenant, seven years in the case of examination for promotion to the rank of captain, ten years in the case of examination for promotion to the rank of deputy chief, and fifteen years in the case of examination for promotion to the rank of chief. Candidates for promotion to the rank of deputy chief or chief must hold the rank or equivalent pay grade of lieutenant.

(b)

When a vacancy develops or is anticipated by the director of personnel in any promotional rank or classification in the Bristol Fire Department, or when any new promotion position is created in the Bristol Fire Department and a valid and appropriate eligibility list is not in existence, the board of fire commissioners shall, within sixty days of the date on which the vacancy is created, order that an examination be held for such position. Each examination shall be publicly announced and a period of not less than two weeks from the date of such announcement shall be allowed during which candidates may file application for such examination. Public announcement will be considered to have been given when notice of such examination containing the closing date for filing applications has been posted in all the fire houses in the Bristol Fire Department. The board of fire commissioners will make available to each interested candidate a copy of an official announcement which shall contain the required qualifications for the position in terms of experience, aptitude, training and such other qualifications, or conditions, which may be necessary or desirable.

(c)

All examinations both written and oral held pursuant to this act shall be conducted under the supervision of the director of personnel. Such examinations shall be provided and administered under the merit system practices and principles. No question in any test shall relate to religious or political opinions or affiliations. The purpose of such written and oral examinations is to establish an eligibility list for such classification from which appointments shall be made based on the following factors and weights:

Written exam ..... 50%

Oral exam ..... 25%

Credit for Service ..... 25%

100%

(d)

All candidates must first take a written exam, which shall be based on fire department material taken from current reference sources. Prior to the exam, each applicant shall upon request, be provided by director of personnel, with a bibliography of the sources used in preparing the test. Following the exam, the director of personnel shall, upon the request of a candidate, arrange with the testing agency to make test questions and answer sheets of such candidate available for the candidate's inspection. Only those candidates who have attained a mark of seventy percent or better on the written exam shall be allowed to take the oral examination. Credit for service in the employ of the Bristol Fire Department as regular members will be determined by adding one percent for each year of service completed on or before the last date for filing applications to a fixed norm of seventy percent up to a maximum of thirty years.

(e)

After grading the written and oral examinations and certifying the seniority of each applicant, the director of personnel (or the Mayor's designee in the absence of the director of personnel) shall submit to the board of fire commissioners a list of the candidates arranged in the order as determined by applying the percentages described above, and such list shall be considered an eligibility list for such classification. From such list, the board of fire commissioners shall make the promotion within the department by selecting the number one ranking candidate of the five highest ranking candidates on such list. The remaining four names shall constitute the eligibility list for promotion within the department for a period of one year in the case of promotion to chief, and for a period of two years in all other cases. Such period of time is to commence on the date the list is transmitted by the director of personnel (or the Mayor's designee in the absence of the director of personnel) to the board of fire commissioners. The candidates shall be promoted in order of rank on the eligibility list. If a tie should occur, the candidate with the highest seniority shall be appointed.

(f)

When a position in a promotional classification in the fire department becomes vacant, or when a new promotional position is created, and when a valid and appropriate eligibility list shall be in force and effect, the board of fire commissioners shall within thirty days fill such vacancy or new position. No appointment or promotion shall be deemed final until after the expiration of a six months' probationary service in the classification to which the appointment is made.

(g)

If the board of fire commissioners deems it necessary, it may make a temporary appointment to fill an existing vacancy or new position pending the preparation of an appropriate eligibility list. Such temporary appointment shall continue until such time as an appropriate eligibility list is prepared, and the highest ranking candidate is appointed.

(h)

The financial authorities of the city shall make adequate provision to enable the board of fire commissioners to carry out the purpose of this act. All officers of the city shall allow reasonable use of public buildings and rooms for the holding of any examinations provided for by this act and in all possible ways shall facilitate the work of the board of fire commissioners.

(i)

In the case of the chief of the fire department, the appointment of the board of fire commissioners shall be subject to the approval and confirmation of the mayor and city council. If the mayor and the city council do not act on said appointment within sixty days, said appointment shall be deemed to be approved and confirmed. If the mayor and city council reject said appointment, the board of fire commissioners may, within thirty days of such rejection, appoint another candidate from its eligibility list. If the board of fire commissioners chooses not to appoint another candidate from the eligibility list or the city council rejects the remaining candidates on the eligibility list, such list shall be considered exhausted and a new examination shall be conducted in accordance with section 42(j) below. Rejected candidates shall not be eligible to take said examination.

(j)

Notwithstanding section 42(a), if in any examination for the position of fire chief, there are no successful internal candidates, an open competitive examination, not limited to members of the Bristol Fire Department who meet the requirements for the position of fire chief shall be held under the supervision of the director of personnel. Such open examination shall be used only to fill a specific vacancy, and the results of the examination shall not be used to create an eligibility list for future vacancies. The director of personnel shall arrange for a written and oral examination. The board of fire commissioners shall select an appointee from the list of the five (5) highest ranking candidates based on the following factors and weights:

a.

Written examination ..... 50%

b.

Oral examination ..... 50%

Total ..... 100%

No appointee shall be chosen by the board of fire commissioners without having achieved a passing score of seventy per cent or higher on both the written and oral examinations. The appointment process as outlined in Section 42(i) shall apply. In the event the city council rejects all candidates, a new open competitive examination shall be held.

(k)

The candidate for fire chief shall be offered a personal employment agreement with a duration of four (4) years, and on such other terms subject to the approval and confirmation of the mayor and city council. The award of successive personal employment agreements for the chief are at the discretion of the mayor and city council and subject to the approval and confirmation of the mayor and city council. The appointee shall reside within a town, any part of which falls within a twenty mile radius of fire department headquarters of the City of Bristol within six months of appointment and continue residency for the term of office.

(l)

The person in office as fire chief on the effective date of this amendment shall enter into a personal employment agreement with a duration of four (4) years, and on such other terms subject to the approval and confirmation of the mayor and city council.

(1969, S.A. No. 101, §§ 1, 3; Amend. eff. 11-9-77; Amend. eff. 11-5-80; Amend. eff. 11-7-89; Amend. eff. 12-4-03; Amend. eff. 12-8-05; Amend. eff. 12-8-11; Amend. eff. 12-8-16)