Fishers Fire Department. Merit Commission

Transcription

1 Merit Commission

2 Table of Contents Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Chief and Deputy Chief(s) of Department Merit Commission Applicant Requirements Performance Evaluations Promotional Process Disciplinary Procedures and Hearing Process Re-hiring of Previous Merit Firefighters Miscellaneous 5/12/03 2

3 Chief and Deputy Chief(s) of Department, Section One 1. The Fishers Town Council shall appoint the Chief and Deputy Chiefs of the Fishers Fire Department in accordance with the Town of Fishers Policy Manual. Both the Chief and the Deputy Chief s shall serve at the pleasure of the Town Council. 2. The Chief of the Department may appoint any number of administrative assistants who shall hold an administrative rank and title as the Chief deems necessary to allow for the efficient discharge of administrative duties. All administrative assistants shall retain their former merit rank, unless promoted in accordance with this merit system. ***Town Executive is the President of the Town Council as set forth in I.C /12/03 3

4 Section Two, Fire Merit Commission 1. A Merit Commission consisting of five (5) Commissioners shall be established for the Fishers Fire Department. The Commissioners are: a. Two persons, who must be of different political parties, appointed by the Fishers Town Council. b. One person appointed by the Fishers Fire Chief. c. Two persons, who must be of different political parties, elected by the active members of the Fishers Fire Department. 2. Each Commissioner must have been a legal resident of the Town of Fishers for three (3) consecutive years immediately preceeding the Commissioners term and must be a person of good moral character. 3. A Commissioner must be at least twenty-one (21) years of age. 4. A Commissioner must not be an active member of a Police or Fire Department and not more than two (2) of the Commissioners may be past members of a Police or Fire Department. In addition, a person may not serve on the Commission if the person receives any remuneration as salary from the unit. 5. Each Commissioner shall take an oath of office to conscientiously discharge the Commissioner s duties. A signed copy of the oath shall be filed with Clerk/Treasurer s office. 6. Members of the Merit Commission shall serve for a term of four years, however one (1) of the Town Council s initial selections and one (1) of the department s initial selections are for terms of two (2) years. All members, either elected or appointed, shall serve during their respective terms and until their respective successor shall be appointed or elected, and qualified. 7. A Commissioner serves at the pleasure of the appointing or electing authority and may be removed at any time. In the case of a Commissioner elected by the department, the Town Safety Board shall call a meeting of the active members of the department under the procedures specified in IC if a recall petition signed by a majority of the active members is submitted to the Town of Fishers Safety Board. An appointed member may be removed by the Town Council with or without cause without right of hearing. If a vacancy occurs among the members of the Merit Board appointed by the Council, the Council shall appoint a replacement to serve the remainder of the term. If a vacancy occurs among the member appointed by the chief of the department the Chief shall appoint a replacement to serve the remainder of the term. If a vacancy occurs among the members of the merit board elected by the active members of the department, a 5/12/03 4

5 replacement shall be elected by the active members of the department in accordance with I.C A member of the Merit Commission may be appointed or elected for successive terms. 8. Three members of the Merit Commission shall constitute a quorum for the purpose of taking official action. 9. The Merit Commission shall establish rules for its operation. Included in such rules shall be the time and place for holding regular monthly meetings and such special meetings throughout the year as may be deemed necessary to transact its business. Each year the Merit Commission, with the concurrence of the Town Council, shall select from its members a president, vice president and secretary. 10. The Merit Commission shall administer and supervise the merit system established by this ordinance. 5/12/03 5

6 Section Three, Applicant Requirements 1. Applicants must be citizens of the United States. Applicants must be residents of Hamilton County or any two counties surrounding Hamilton County within six months after appointment to the department and shall remain residents of Hamilton County or any two counties surrounding Hamilton County during their term of employment with the department. 2. Applicants must produce satisfactory proof of the date and place of birth, be at least twenty-one (21) years of age, but under thirty-six (36) years of age at time of appointment; however, the age requirements do not apply to a person who has been employed previously as a full-time Firefighter and is a member of the 1977 Police Fire Pension Fund. 3. Applicants must have a High School Diploma or High School General Education Development Certificate (GED). 4. Applicants must possess a current valid Indiana driver s license without restrictions due to traffic violations within three months from their appointment to the department. 5. Applicants must be able to read, write, speak, understand and otherwise communicate fluently in the English language. 6. Applicants may not be appointed, reappointed or reinstated if he/she has a felony conviction on their record. 7. Applicants will be notified of the Department s creation of a hiring list through current Town of Fishers policy on hiring advertisement. 8. Applicants must successfully complete each event in the sequence listed below: a. Registration for hiring process b. Written general aptitude test c. Physical agility test d. Oral Interview e. Chief s Interview f. Eligibility list developed g. Eligibility list certified by Merit Commission h. Background check i. Notification of conditional offer of employment j. Application filled out and returned to the department k. Physical examination /Psychological test 5/12/03 6

7 l. Psychological interview m. Approval through local and state PERF Board n. Successful completion of training recruit class o. Swearing-in ceremony 9. With the registration, the applicants will receive a notice to applicants detailing the hiring process and a job description for probationary firefighter if requested. 10. Applicants will return the completed application to the Fishers Fire Department within the time limits set by the Commission. Any applicant who does not return the completed application within the time limits set by the Commission will not be allowed to continue with the hiring process. Any applicant who is late for any phase of the hiring process, or reveals any information pertaining to the process is subject to elimination from the remainder of the hiring process. 11. The Fire Chief may utilize an outside, independent agency to act on the department s behalf to construct, evaluate, administer, grade and report on the written test questions, the oral interview questions, and the physical fitness evaluation. 12. Applicants are required to take and pass a written general aptitude test reflecting essential functions of the job. The test date, place and starting time will be announced in writing to each applicant. 13. Applicants will answer questions from an interview board that is composed of three members of the department. The members of the board will be comprised of a chief officer, shift officer, and a shift firefighter who shall be selected by the Fire Chief. The questions will be identical for each applicant, and each applicant will be rated on their answers. Depending on the number of applicants there may be more than one board used. 14. Applicants must be able to complete the physical agility tests adopted by the Merit Board that: a. Does not discriminate on the basis of gender b. Reflects the essential functions of the job c. At a minimum includes testing the following 1. Fear of heights 2. Fear of confinement 3. Muscular strength 4. Muscular endurance 5. Cardiovascular endurance 6. Musculoskeletal flexibility 5/12/03 7

8 15. Applicants will answer questions from an interview with the Chief of the Department. The questions will be identical for each applicant, and each applicant will be rated on his/her answers. 16. The applicants who obtain passing scores as determined by the commission will be placed on a hiring eligibility list in order from highest to lowest as computed by scores resulting from the written test, oral interview, physical agility test and Chief of Department interview. 17. The hiring eligibility list will be presented to the Commission for certification. The certified list will be in effect for two years. If an applicant for original appointment reaches his or her thirty-sixth (36) birthday before appointment, his or her name will be removed from the eligibility list. Otherwise, applicants remain on the list for two (2) years from the date of certification. After two (2) years the list is retired and a person may reapply as an applicant. 18. When a vacancy occurs in the Department, the Commission, upon written request of the Chief, shall direct the Chief to proceed by giving a conditional offer of employment to the next applicant within the top twenty (20) percent on the eligibility list. The department may select individuals from anywhere on the eligibility list as the department needs job specific positions, (paramedics, hazardous materials technicians, etc.) with the approval of the Commission. 19. Applicants must successfully complete a background investigation by the Department s Fire Prevention/Investigation Division. The background investigation will include: a. Completion of department application b. Criminal history c. Driver s record for the last seven (7) years d. Past employer references e. Personal reference interviews f. Home interview with the applicant g. Polygraph h. Credit check i. Indiana Department of Revenue questionnaire j. Internal Revenue Service questionnaire 20. Applicants who successfully complete the background investigation will then be required to take and pass a pension physical and psychological examination, the results of which are subject to review by the Public Employees Retirement Fund (PERF). 21. Applicants who s physical and psychological examination results are approved by PERF and are still of good character will be notified of the specific date and time of appointment. 5/12/03 8

9 22. Applicants hired will become employees of the Town of Fishers, Hamilton County, Indiana and will be members of the Fire Department. Members will remain on probationary status for a minimum period of one year after appointment. All members are subject to all rules, regulations and policies of the Fishers Fire Department and the Town of Fishers. 23. The Commission may dismiss any probationary firefighter of the department during his/her probationary year, without hearing or right to appeal upon request of the Chief stating that the conduct or capacity of the probationary member is not satisfactory. 24. Every person appointed shall subscribe to and take the oath of office as such, before a member of the Fishers Town Council. 25. Members hired will be required to complete the Recruit Training Academy which will include but not be limited to: a. The approved department orientation b. The state approved Emergency Medical Technician class including state certification written and practical examination. c. 24 hour Firefighter certification d. State of Indiana Basic Firefighter. e. The State approved Firefighter I/II class and state certification written and practical examination. 26. All new members after becoming state certified as Emergency Medical Technicians must maintain that certification throughout his/her employment with the department. 27. All members of the Department will be compensated by the salary ordinance set forth by the Fishers Town Council. 5/12/03 9

10 Section Four, Performance Evaluations 1. The Department shall administer a general performance evaluation once every six months. The first shall be a mid-year review of performance and goals set forth at the beginning of the evaluation period. The second shall be an overall rating of the employee s performance for the entire rating period. Probationary members will be evaluated on a quarterly basis after the completion of their training academy. 2. Supervisors shall use the guidelines set forth by the current Town of Fishers policy when completing performance evaluations. Brief Outline of Process 3. The member, with their supervisor, sets goals to try and attain during the evaluation period. 4. The member meets with their supervisor after the first six months to determine the progress they have made with goals and review performance to date. Recommendations are made at this time for improving performance and goals are adjusted if necessary. 5. The member meets with their supervisor within one month of the end of the evaluation period. At this time the employee is rated on their performance during the period and accomplishment in reaching the goals they set for themselves. 6. The evaluation form is sent through the chain of command to the Chief of the Department. The Chief then forwards all evaluations to the Human Resources Director for the Town of Fishers. Appeal to Performance Evaluation Ratings 7. A member who is aggrieved with the performance rating given them by their superior may appeal to the Fire Chief for a review of the rating. The appeal must be filed within ten (10) days after notice of the rating has been sent to them. The Fire Chief shall either affirm or adjust the rating. 5/12/03 10

11 Section Five, Promotional Process 1. The promotable ranks within the Fishers Fire Department are: a. Lieutenant b. Captain c. Battalion Chief d. Division Chief 2. Each position shall be described in a written position classification (job description) on file at the Fishers Fire Department Headquarters. 3. Each position has prerequisites of educational standards and years of experience that must be met before the promotional process is started. 4. The promotional prerequisites are as follows: a. Lieutenant candidates must have successfully completed the following: i. Fire Officer I or equivalent ii. Instructor I or equivalent iii. Inspector I or equivalent iv. Investigator I or equivalent v. Must have completed three years of service with a department as a career firefighter b. Captain candidates must have successfully completed the following: i. Fire Officer I or equivalent ii. Fire Officer II or equivalent iii. Instructor I, II/III or equivalent iv. Inspector I or equivalent v. Investigator I or equivalent vi. Must have completed two years as a career Lieutenant with a department. c. Battalion Chief candidates must have successfully completed the following: i. Fire Officer I or equivalent ii. Fire Officer II or equivalent iii. Instructor I, II/III or equivalent iv. Inspector I or equivalent v. Investigator I or equivalent vi. Must have completed two years as a career Captain with a department. 5/12/03 11

12 d. Division Chief candidates must have successfully completed the following: i. Fire Officer I or equivalent ii. Fire Officer II or equivalent iii. Instructor I, II, III or equivalent iv. Inspector I or equivalent v. Investigator I or equivalent vi. Must have completed one year as a career Captain or Battalion Chief with a department. 5. The Deputy Chief of Operations will submit to the Chief of the Department, a list of personnel within the department who are qualified to participate in the promotional process. The Chief of the Department will notify each of those members that the promotional process is about to begin and that those members are qualified to participate. 6. Members of the Department who wish to participate in the promotional process shall submit a resume and letter of intent to the Deputy Chief of Operations. 7. After the member submits their resume and letter of intent he/she shall be given a promotional information packet. This information packet will describe details about the process, list reading requirements, sources for reading requirements, percentages of scoring, contact personnel for questions and dates on which each phase of the promotional process will occur. 8. Any member who is late for any phase of the promotional process or reveals any information regarding any phase of the process is subject to elimination from the remainder of the process and may face disciplinary action. 9. Assigned reading material will be made available to all personnel in all station houses by being present in all station houses. The individual may purchase additional copies. Candidates for promotion shall be notified that the questions on the written test will be taken from reading materials that are listed as assigned reading materials in the booklet. 10. The Fire Chief may utilize an outside, independent agency to act on the department s behalf to construct, evaluate, administer, grade and report on the written test questions, the oral interview questions, and the assessment center evaluations. A written test will be administered for each of the promotable ranks. 11. A board of officers to be selected by the Fire Chief not participating in a promotional process will be convened to review and approve written questions, oral questions, and the assessment center exercises recommended by the outside agency if one is used. 5/12/03 12

13 12. The specific times and locations for the exams will be published early enough so that candidates will have time to prepare. There will be at least two exam sessions, so that each candidate will be able to attend off duty. Candidates will not be permitted to attend on duty. 13. The next phase of the promotional process will be a structured oral interview. The interviews will be scheduled over a period of time starting after the completion of the written test. The times and dates will be announced so that each candidate may attend the interview session off duty. The structured oral interview is meant to assess a candidate s ability to respond to critical questions that may be posed by supervisors and subordinates. The interview will be conducted by a Board of Officers comprised of Officers holding a rank equal to or above that of which the process is being conducted for. 14. The next phase of the promotional process is the assessment center comprised of a group process and a tactical simulation. This portion of the process examines job related behavioral tasks and job duties. The job related tasks and duties would be those of the rank the candidate is competing to attain. The Board of Officers that evaluates the oral interview will also evaluate the assessment center exercises. 15. The assessment center exercises may include presentations to the board, oral interviews, exercises involving memos, group discussions, problem analysis, or simulated situations. 16. The weight of each component of the promotion process is: a. Written exam (30%) b. Assessment center (30%) c. Oral interview (20%) d. Chief s interview (10%) e. Performance record (10%) i. Seniority (3%) (Based on years of service with FFD only) years (1%) years (2%) years and over (3%) ii. Attendance (4%) 1. No absences for 2 years (4%) hours of absence for 2 years (3%) hours of absence for 2 years (2%) hours of absence for 2 years (1%) hours and above for 2 years (0%) 5/12/03 13

14 iii. Discipline (3%) Scores will be based on the last two years 1. No incidents (3%) 2. Written Warning (2%) 3. Written Reprimand or two or more written warnings (1%) 4. Suspension or two or more written reprimands (0%) 17. After the results have been sent to each of the candidates, there will be a review session to allow each candidate to review the written questions that appear on the written test. The challenges will be submitted to the Board of Officers for action. If a problem is found with a question, the question will be thrown out for all candidates. 18. After the review session is completed, the Board of Officers and (if applicable) the outside agency shall tabulate scores for all candidates and shall submit them to the Fire Chief. 19. The Fire Chief shall notify each member in writing of the score member received on the examination. If a candidate does not agree with his/her score, he/she may appeal in writing to the Fire Chief. The appeal must be filed within ten (10) days after the Commission has sent notice of the score to them. They may review the questions incorrectly answered by him/her and challenge the answer considered correct by the examiner. The Fire Chief shall either affirm the score or correct the score according to the findings of the review. 20. After the scoring process, the Fire Chief shall establish a promotional list for each rank, ranking personnel on their respective list in order of their accumulative scores on all rating factors. 21. The promotional list will be good for a period of two years from the date the Commission certifies the lists. 22. When a vacancy in rank occurs, the Commission shall certify to the Fire Chief the member with the highest score. The Commission on recommendation of the Fire Chief shall promote the member to fill the vacant position. 23. A person in an appointed position may earn a merit rank and retain his/her appointed rank if: a. They are eligible to be promoted. b. The promotion is requested by the Chief and approved by the Merit Commission. c. They placed in the top two (2) on the most recent promotional process. d. They commit to or have served at least two (2) years in the appointed position. 5/12/03 14

15 24. The Chief may reassign a person promoted to a merit rank while holding an appointed position without losing their merit rank. 25. Members who successfully complete the promotional process may elect to remain in their present position and refuse the promotion while maintaining their ranked order on the promotional eligibility list, in consideration for a promotion at a later date or until the promotional eligibility list expires. 5/12/03 15

16 Section Six, Disciplinary Procedure and Hearing Process 1. The Chief of the Department shall have the authority to discipline all members of the department including merit, part-time, reserve or civilian. The authority of the Chief to discipline shall be subject to applicable Indiana State Law, Fishers Fire Department Policy Manual and to the member s right of appeal to the Commission. 2. A member may be disciplined by the Chief or his designee if: a. The member is convicted of a crime. b. They are found guilty of a breach of discipline, including: i. Neglect of duty ii. Violation of department rules iii. Neglect or disobedience of orders iv. Continuing incapacity v. Absence without leave vi. Immoral conduct vii. Conduct injurious to the public peace or welfare viii. Conduct unbecoming a member ix. Furnishing information to an applicant for appointment or promotion that gives that person an advantage over another applicant. c. A member may be placed on leave with pay for up to thirty (30) calendar days by the chief pending determination of final disciplinary action. Such leave with pay shall be considered a duty status and not a punishment. d. The delegation of the Chief of the authority to discipline shall not exceed the following: i. Any officer of the Fishers Fire Department may issue a written warning or reprimand to any subordinate member. e. A disciplinary board of Chiefs, referred to in this section as the disciplinary board, shall assist the Chief in departmental disciplinary matters. The board shall be subordinate and advisory to the Chief and shall consist of three (3) officers with the permanent merit rank of Battalion or Division Chief. Board members shall be selected at random and shall serve as a board member for a term not to exceed twelve (12) months. f. All disciplinary matters shall be presented to the Chief or Deputy Chiefs for investigation. On all matters coming before the Disciplinary Hearing Board, an investigation shall be conducted which may include a copy of all relevant information, photos, depositions, physical evidence, official reports, etc. As may be necessary, investigators may be assigned to assist in the investigation from the Fire Marshal or an assisting police agency. Upon conclusion of the 5/12/03 16

17 investigation, all relevant facts and findings shall be reduced to writing and submitted to the Disciplinary Hearing Board. Any member involved in the disciplinary hearing process shall at all times cooperate fully with those investigators who have been assigned to perform the disciplinary hearing investigation process. g. After an alleged offense has occurred, the charging officer will make a written report of the incident and forward the report through channels to the Chief. If the Chief believes the charges and allegations are such to warrant a greater degree of punishment than can be administered by that position, they may refer the matter directly to the Disciplinary Hearing Board. Alternately the Chief, in his discretion, may also cause the firefighter to appear directly before the Merit Board for a hearing. h. The Chief must give a written notice thereof to the member against whom the charges are filed against. This written notice, in the form of a letter, shall be addressed to the member in question at their home address via certified mail with a return receipt or hand delivered by a chief officer of the department, at which time the charged member shall sign a receipt acknowledging delivery. This receipt shall be returned to the Chief s office. The letter shall notify them that a member by name and rank has been charged with alleged violation or violations of departmental rules and regulations. It shall contain a descriptive narrative of the alleged incident showing why charges have been preferred and it shall contain the rule violation by number and the entire passage of the rule or regulation. A letter addressed to each member of the Disciplinary Hearing Board shall be prepared and delivered to them. All witnesses shall be notified in writing as to the date, time and location of the hearing. For the purpose of all hearings, the Disciplinary Hearing Board has subpoena power. i. The Disciplinary Hearing Board members shall select one (1) among themselves to act as the chair for that hearing. The defendant, the officer filing the charges, witnesses and the Disciplinary Hearing Board will be present in the same room. The Disciplinary Hearing Board shall conduct the hearing in a formal manner. The defendant and Board may have the right to be represented by counsel with prior notice or to select or designate a member of the department to act as their counsel. The Disciplinary Hearing Board shall review all pertinent evidence, statements, papers and official reports and shall provide ample opportunity for the defendant to present witnesses on their behalf and for the officer filing the charges to present witnesses who support those charges. After all witnesses and evidence have been heard, the defense shall be given an opportunity for a summation. This is an oral argument to the 5/12/03 17

18 Board calling for a finding of not guilty or leniency based upon facts, evidence and testimony presented during the hearing. Then the Board shall give the officer filing the charges an opportunity for their summation. This is their oral argument for the Board to return a verdict of guilty based upon the facts, evidences and testimony presented during the hearing. The chair of the Disciplinary hearing Board shall then have the defendant, their counsel and the officer filing the charges leave the room so the board can deliberate and arrive at a decision. Such deliberations shall be held in complete privacy. j. After the Board has met in closed session to deliberate and arrive at its decision the chair will ask the Board members if they have reached a decision. If so, they are asked to write it on a slip of paper. The chair must also indicate their decision on paper. Simple majority rules. If guilty is the majority or unanimous vote, then the chair will ask each member to submit on a slip of paper what punishment should be affixed. Once the Board reaches an agreement on the finding and the punishment, the chair shall call the defendant, the officer filing the charges, counsel and all witnesses back into the hearing room. After everyone has returned to the hearing room, the chair will then read the findings of the Board and will read the recommended punishment. An example of such rendering might be, It is the decision of the Board that you be found guilty as charged and your case shall be forwarded to the Chief with a recommendation for (type of sentence). Upon reading of the findings and the punishment recommendation, the chair will declare the disciplinary hearing concluded. All findings and recommendations of the Board will then be referred to the Chief or their designee in writing. Copies of all reports, evidence and material pertaining to the disciplinary matter will also be forwarded to the Chief for action and for insertion into personnel files as part of their permanent record. k. After receiving the findings and recommendations, the Chief or designee may, with or without hearings; either concur with the disciplinary hearing board or may reverse the board in full or part. After making their determination, the Chief or designee may: i. Suspend the firefighter without pay for up to five days. If the suspension does not exceed a total of forty (40) working hours, suspension shall be without the right of appeal to the Merit Commission. ii. Recommend to the Merit Commission that the member be suspended a period of time greater than 40 hours but not to exceed 6 months. The period of suspension may be extended by the Merit Board upon request of the Fire Chief for just cause. 5/12/03 18

19 iii. Recommend to the Merit Commission that the member be terminated, in which case the Merit Commission shall consider such a recommendation in the same manner as an appeal of a Chief s determination for suspension or demotion. iv. Recommend to the Merit Commission that the member be demoted in rank. 1. In the case of demotion, the Merit Commission may demote a member only one (1) permanent rank at any one time. v. Reprimand the firefighter in writing vi. Reinstate with pay any firefighter who has been previously suspended without pay. l. Appeals to the Merit Commission shall be handled in the following manner. a) A member who is aggrieved by the decision of a person or board designated to conduct a disciplinary hearing may appeal to the Commission within ten (10) calendar days of the decision. b) Any member appealing any decision of the Chief shall be given notice at least fifteen (15) calendar days prior to the hearing before the Merit Commission. c) The appealing firefighter may be represented by legal counsel before the Merit Commission. The Chief shall be represented by the Town Attorney or his designee. d) The Merit Commission shall on appeal review the record and either affirm, modify or reverse the decision on the basis of the record and such oral or written testimony that the Commission determines, including additional or newly discovered evidence. In addition, the Merit Commission may remand the action for further review by the Fire Chief. e) After hearing evidence, the Merit Commission shall make a finding by majority voice and reduce its findings and decision to writing. A copy of the findings and decision shall be forwarded to the member in question and to the Public Safety Board and shall become a permanent part of the firefighter s personnel record. f) A member who is aggrieved by a decision of the Merit Commission to suspend them for a period greater that ten (10) calendar days, demote them, or dismiss them may appeal to the circuit or superior court of Hamilton County for a review of the decision. 5/12/03 19

20 Section Seven, Rehiring of Previous Merit Firefighters 1. Absent compelling circumstances, the following will apply as conditions of reemployment: a. The applicant must successfully complete any testing, screening or examinations, which are required by Indiana State Law or requested by the Commission to verify the individual s capacity to be a member of the department. b. The applicant must successfully complete a Public Employees Retirement Fund (PERF) physical examination and psychological screening, which will be paid for by the Department. c. The applicant will be solely responsible for repayment of any funds necessary for PERF reinstatement. d. The rehired member shall be a Probationary Firefighter as law defines that term. The rehired member shall be on a probationary status for a minimum period of four months. e. The rehired member shall achieve seniority based only upon his/her new rehire date. f. Time in grade requirements for promotional processes will begin with the member s new hire date. 5/12/03 20

21 Section Eight, Miscellaneous 1. If any part of these shall be invalidated for any reason, the remainder of these shall continue in full force and effect. 2. Members who have completed a department promotional testing process for Lieutenant, Captain, Battalion Chief or Division Chief and have been promoted to permanent positions prior to the adoption of this ordinance shall retain their current rank and be considered merit officers. 3. Hiring and promotional lists in effect before the adoption of this ordinance shall remain in effect until the next hiring and promotional testing processes are completed. 4. Members in upper level policy making positions and who have served in those positions for a minimum of five (5) years prior to the adoption of this ordinance shall retain the merit rank of Division Chief. 5. All officer positions shall retain their current positions unless reassigned by the Chief of the Department. 6. The Town Safety Board has the meaning set forth in I.C Commissioner is a member of the Fire Merit Commission. 5/12/03 21