09/25/2003 Minutes - Laserfiche WebLink

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❖ Commissioners need to set an Oral Assessment date for the Fire Lieutenants examination: Mr. Thomay indicated that at the last meeting dates were chosen and questioned why a new date was needed. Mrs. Rote reviewed that the testing company was not available to give 19 oral assessments until November 13th & 14th. The testing company will arrive at 8:00 a.m. and use the Civil Service office, Councils chambers, and both of Councils conference rooms. The same rooms were used for both Fire Chief and Assistant Fire Chief. Mr. O'Malley questioned how many candidates the commission was expecting in the oral assessment. Mrs. Rote voiced that 19 candidates will be taking the written exam, Ramsey & Associates was contracted to perform 19 oral assessments, which they will do if all 19 participants score 70% or better on the written test. Ms. Giesser felt that the commission should address the protest period and the assessment date at the same time. Mr. Thomay agreed that the two issues should be addressed at the same time. Mr. O'Malley indicated that the rules refer to Ohio Revised Code 124.45. It is the best interest of the commission to follow state code. Ohio Revised Code allows for a 5 -day protest period, which is in reference to the testing materials and the answer key prior to the tests being graded. Once the candidates review and file possible protests the commission will then have 5 -days in which to respond to hear the protests and act upon them. Ms. Giesser voiced that because the commission was in the middle of a testing cycle she would vote to follow local rules. To have a 10 -day protest period after the candidates receive their test results. Local rule gives the candidates more time then state law and if a protest was filed for not following state law she does not believe it would be upheld as local law gives more time. After this testing cycle, if the commission wants to do a thorough review of the local rules in relationship to state code that would be the time to do it not now. Mr. O'Malley indicated that state law is mentioned under rule III of the handbook and the 10 -day period is in rule IV of the handbook. Therefore, the reference to and the incorporation of state general law, supported by the charter, supported by the rules and the advice that he is giving the commission is not inconsistent with Ms. Giesser's comments regarding following the rules. Therefore, the commission could hold two protest periods if they so choose too, one before the grading of the answer sheets have accrued to review the answer key and test booklet only. Then there could be a protest period of 10 -days for the candidates to review their answer sheet and answer key only. Ms. Giesser indicated that the candidates would then have a 15 -day protest period. Mr. Thomay questioned if the commission would be able to complete the test in the time frame they wanted. Mrs. Rote indicated that the testing company could not conduct an oral assessment for 19 people by October 20th as she needs to block off two days for 19 assessments. She suggested that due to the dates available for assessments the commission could accommodate both a 5 and 10 day protest period with assessments not taking place until November 13th & 14th General discussion: A lengthy discussion regarding protests periods in prior testing cycles and testing dates took place. Questions regarding local codes versus state codes and which has stronger authority or which should be followed took place. Discussion regarding setting inspection times and dates for each candidate took place and it was decided that the commission could not set each individual persons inspection time and date. Ms. Giesser felt that having two protests periods was being redundant and not sure why they should have both. The handbook provides the candidates more leniencies, which should be enough and if by only holding one 10 -day protest can complete the test quicker everyone would be better served. Mr. O'Malley thought that the Law Director would want too further analyze the Charter, State Law, and Supreme Court cases to address the commission in a more formal manor. He addressed the issue in an informal manor however it is better to be safe then sorry. The Law Department is advising that the commission should follow state law 145.45. After further discussion regarding local law versus state law and time frames it was decided to do both protest periods. 2