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✓P the commission is missing the fact that the decision negatively effects the status of himself as well as several others on the certified list. Chairman. Cummings noted failing to allow Mr. Prebis to compete will negatively effect his status. Mr. Hehnen did not believe Mr. Prebis would take over his position as it is highly unlikely he will score a one hundred percent. Mr. Hehnen noted, using the same logic he could, with a one hundred percent on the oral assessment overtake Mr. Vane's position on the ranked list. He explained the proposed compromise was prompted by many people searching for a solution to this problem and there was no attempt to circumvent any administrative rules. An unidentified firefighter added the attempt was to assist the commission in solving a problem created by the commission. Commissioner Benjamin responded that the commission did not error but rather there was a misinterpretation of the rules and regulations. An unidentified firefighter noted that the law director states in his legal opinion that the civil service commission erred. Mr. Cummings agreed with Mrs. Benjamin that it was a misinterpretation of the rules. Mr. Hehnen noted he was told before taking the written test that he would have to take both the written and the oral portions of the examination prior to receiving credit for efficiency and seniority. He believed the commission submitted something in writing confirming the same. It was questioned if Mr. Hehnen included this in his protest. The commissioners reviewed the protest. Mrs. Kasler noted that there was written documentation to the civil service commission which stated her opinion, as she believed the rule read that seniority and evaluation points will be added in after completion of both the written and oral portions of the examinations. Mrs. Kasler believed the rule should be clarified so,that this problem does not occur again. Mr. Cummings noted it is clarified, in the revised handbook, extra credit points will be added in after completion of both portions of the examination process. Chief Osterhouse explained, when the rule was written, only the written exam was offered and there was no question as to when to add points for extra credit. He wondered if the commission has modified the rule to include the oral assessment. Mr. Cummings quoted from page 19 of the revised handbook, "Credit for efficiency and seniority in promotional exams shall be added to the applicant's total score for the written and/or oral portions of the exam. Credit will not be added to the applicants score on the written portion of the exam, but only after completion of all portions of the examination process." Mr. Cummings clarified Mr. Prebis filed his protest under page 17 of the old regulations which states that "Credit for efficiency and seniority in promotional exams within the fire and police departments shall not be a part of, but shall be a credit to be added to the applicants grade resulting from the competitive examination provided the applicant receives in the competitive examination." Mr. Cummings noted, the handbook does not address an examination in two parts, and explained this is what caused the confusion. As a result of this confusion, Mr. Prebis filed a protest believing that his extra credit points should have been added in after the written test, yet before the oral exam. Mr. Cummings explained, in response to this protest the commission made a decision. Many of the firefighters did not believe the decision was fair and came back with an agreement they believed would solve the problem. Mr. Cummings noted the agreement was not acceptable to the law department, because the commission must fix a date of expiration. One of the firemen explained candidates ranked third through sixth feel it is unfair for the commission to request a retake on the oral assessment. He noted, candidate three must now compete against candidates four five and six to maintain his current position.. Mr. Hehnen clarified, as a result of the retake, he may overtake Mr. Gut's position on the list. Police Chief Viola stated reducing seniority and evaluation points was unacceptable to the law department and questioned if there is another solution. Mr. Cummings clarified that the point system and the extension of the list are unacceptable to the law department, therefore the solution is unacceptable. Mr. Vance stated the only solution would be for Mr. Prebis to withdraw his protest. Mr. Hehnen believed Mr.