D.C. Mun. Regs. tit. 6, r. 6-B870

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B870 - PROCESSING ENTRY-LEVEL CANDIDATES FOR FIREFIGHTER/EMERGENCY MEDICAL TECHNICIAN (EMT) AND FIREFIGHTER/PARAMEDIC POSITIONS
870.1

For the purposes of this section, the following terms have the meaning ascribed:

Certificate of Eligibles (Certificate) - the list of candidates selected from a Register for consideration for appointment to a position.

Disposition - the final status of individuals considered for appointment from a Certificate, indicated on a Certificate of Eligibles by means of the coding system described in section 870.8 of this section.

Firefighter/Emergency Medical Technician (EMT) - an employee of the Fire and Emergency Medical Services Department (FEMSD) who is cross-trained as a Firefighter and an EMT.

Firefighter/Paramedic - an employee of the FEMSD who is cross-trained as a Firefighter and a Paramedic. The Term "Paramedic" includes EMT/Intermediate (EMT/I) and Basic Paramedic (EMT/P).

Probationary - an entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/ Paramedic shall be required to serve a probationary period of eighteen (18) months, during which time he or she shall be terminated whenever performance or conduct fail to demonstrate the individual's fitness or qualifications for continued employment.

Register - a list of all individuals eligible for consideration for appointment to a position.

Unassembled examination - an examination that does not require a written test.

870.2

Appropriate staff within the personnel authority will establish a Register of eligible candidates for the positions of Firefighter/EMT and Firefighter/Paramedic. Each Register will include the numerical rank, name, and social security number of all eligible candidates.

870.3

Candidates on the Register will be eligible for appointment only if they successfully complete all the stages of the selection process.

870.4

As specified in section 810 of this chapter, a Register may also be established by administering an entry-level examination to eligible candidates or, at the discretion of the Fire Chief, by unassembled examination for the purposes of hiring individuals for the position of Firefighter/Paramedic.

870.5

Following the establishment of a Register, each candidate who passes the entry-level examination for Firefighter/EMT and Firefighter/Paramedic or is qualified by unassembled examination will be required to:

(a) Take a physical abilities test (PAT) to assess his or her physical abilities to perform the duties of a Firefighter/EMT or Firefighter/Paramedic;
(b) Undergo a background investigation to determine suitability for appointment; and
(c) Be determined to be medically and psychologically qualified to perform in the position for which he or she is being considered.
870.6

Processing of candidates on a Register, and the responsibilities and authorities for each step, are as specified in this section.

870.7

The Certificate will include a sufficient number of candidates to fill available vacancies, and the numerical rank, name, and social security number of qualified candidates on the Register. In the case of a Register established by written examination, the candidates will be listed on the Register in order of their position on the written examination.

870.8

Appropriate staff within the personnel authority will transmit the Certificate and D.C. 2000 Employment Applications to the Agency Recruiting Officer (ARO) within the FEMSD. The ARO will review the D.C. 2000 Employment Applications and indicate the final status of each candidate in the "Disposition" column of the Certificate, using the following codification system:

(a) A: The candidate could not be contacted regarding availability for processing by means of the U.S. Postal Service; the mailings were returned to the ARO as undeliverable;
(b) B: The candidate failed to respond to mailings regarding availability for processing; the mailings were not returned by the U.S. Postal Service to the ARO;
(c) C: The candidate requested deferral, that is, consideration for processing for appointment at a later date;
(d) D: The candidate declined further consideration for the position;
(e) E: The candidate failed to complete the required documentation for the background investigation;
(f) F: The candidate was determined to be unsuitable for appointment to the position on the basis of the background investigation only;
(g) G: The candidate failed to report for the medical examination;
(h) H: The candidate failed to complete the medical examination;
(i) I: The candidate was determined to be unsuitable for appointment to the position on the basis of the medical examination only;
(j) J: The candidate was offered the position, but declined appointment to the position;
(k) K: The candidate was offered the position, but deferred appointment to the position to a later date;
(l) L: The candidate was appointed to the position;
(m) M: The candidate did not meet the minimum or maximum age, education or experience, or citizenship requirements for appointment to the position;
(n) N: The candidate was temporarily suspended from further processing because of pending criminal charges, or the possession of a suspended or revoked motor vehicle license, or charges to that effect; and
(o) O: Other circumstances not described above.
870.9

The ARO will establish a file for all of the candidates to be processed. Each file must contain the D.C. 2000 Employment Application and all other correspondence and documents concerning the processing of the candidate.

870.10

The ARO will review each D.C. 2000 Employment Application to ensure that the candidates meet the age and education or experience requirements. Candidates who would be older than the required maximum age, education, or experience requirement on the appropriate date will be informed in writing by the ARO of the reasons why they cannot be considered for a position.

870.11

The names of candidates who are excluded from consideration on the basis of the age, education, or experience review will be coded "M" in the "Disposition" column on the Certificate. These candidates will not be given any further consideration for positions filled from this Register.

870.12

Using information available on the D.C. 2000 Employment Application, the ARO will send all candidates not coded "M" a letter including an information packet. The letter will advise the candidates of the purpose of and the procedures for completing and returning all forms enclosed with the letter. The letter will also instruct candidates to bring with them original or notarized copies of their birth certificate, high school diploma or equivalency certificate, and D.D. 214 Forms, if applicable.

870.13

As needed because of unusual circumstances, the personnel authority may authorize telephone contacts of candidates to arrange expedited scheduling of medical examinations or other processing steps.

870.14

Candidates who do not respond to the letter within ten (10) workdays of the date of the letter will be sent a second (2nd) letter and enclosures, by certified mail. Candidates who do not respond to the certified letter within ten (10) workdays of the mailing date will be coded "A" or "B," as appropriate, in the "Disposition" column on the Certificate (see also sections 870.8(a) and (b) of this section). The names of these individuals will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority will determine whether to consider such candidates, as specified in section 870.45 of this section.

870.15

The names of candidates who have indicated that they wish to be considered at a later date shall be coded "C" in the "Disposition" column of the Certificate, and the specific date placed to the right of the code. These candidates may be processed on the date requested in order of their position on the register if the register has not been terminated by the personnel authority prior to this date.

870.16

The names of candidates who have declined consideration for the position will be coded "D" in the "Disposition" column of the Certificate. Their names shall be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date (see also section 870.8(d) of this section).

870.17

Candidates will be notified by the ARO regarding the scheduling of the PAT required under section 870.5 of this section.

870.18

Candidates who successfully pass the PAT will report to the ARO as the initial step of the background investigation and suitability review process. Each candidate will bring an original or notarized copy of his or her birth certificate and high school diploma or equivalency certificate, as well as the D.D. 214 Form, if appropriate.

870.19

During the initial screening process, candidates will be provided the following forms and will be expected to complete them, after which the ARO will collect the forms:

(a) A "Criminal History Request" form (P.D. 70);
(b) A "Record Check Request" form (P.D. 697); and
(c) A "Release of Information Waiver Authorization" form (P.D. 171);
870.20

The ARO will conduct the background investigation of those candidates who pass the PAT. The background investigation will be conducted prior to initial referral to a Suitability Board (Board) established by the Fire Chief in accordance with the requirements of this section, for a provisional determination of suitability. The background investigation will include all of the following elements:

(a) A local investigation including the following checks:
(1) Criminal background check;
(2) Traffic record check;
(3) Warrant detail check;
(4) Morals Division check; and
(5) Central Names File check;
(b) A report on the candidate from the Washington Area Law Enforcement System (WALES);
(c) Department of Motor Vehicles reports from Maryland, Virginia, and the District of Columbia, as appropriate;
(d) Out-of-state reports, when necessary, including the following:
(1) Department of Motor Vehicles reports;
(2) State police checks; and
(3) Local police checks;
(e) Checking with present and at least one (1) former employer; and
(f) Conducting a records check of military service.
870.21

The background investigation pursuant to section 870.20 of this section may be submitted to the Board for a provisional determination, prior to the receipt of the elements listed below in this subsection. The ARO is responsible for ensuring that this information is obtained within a reasonable amount of time following a provisional determination of suitability, and informing the Board or other appropriate agency management official in the event that any information is obtained that may reasonably affect the decision of the Board. The required elements are:

(a) A report on the candidate from the Federal Bureau of Investigations (FBI) criminal history check;
(b) At least three (3) personal reference checks; and
(c) Checks with at least three (3) associates or friends of the candidate.
870.22

The files of candidates whose investigations under section 870.20 of this section have been completed will be transmitted to and reviewed by the Board.

870.23

The Board will be composed of three (3) uniformed members of the FEMSD at a rank no lower than that of Captain.

870.24

The presence of all three (3) members of the Board will constitute a quorum, and no action will be taken by the Board without a quorum present.

870.25

Decisions of the Board will be effected by majority vote. In making its determination as to the suitability of a candidate for further consideration, the Board may use as reference material the guidelines found within the District Personnel Manual (DPM) (or any other procedural manual developed) and any other procedures issued by the Director, D.C. Department of Human Resources (DCHR).

870.26

The Board's findings and the reasons thereof on the suitability of a candidate will be recorded by the Board on a form expressly designed for this purpose.

870.27

The Fire Chief will establish procedures to ensure that candidates are acted upon by the Board in the same order as listed on the Certificate, except for candidates who are delayed in processing through no fault of the District government.

870.28

In the case of an unassembled examination, candidates will be selected based on rank qualification, and in accordance with the residency preference provisions of Chapter 3 of these regulations.

870.29

The Board has the authority to consider a variety of factors in determining a candidate's suitability for appointment, but may not consider juvenile records. The possession of one (1) or more of the following background characteristics may make a candidate ineligible for further processing and subsequent appointment:

(a) A conviction for any felony;
(b) A conviction for any serious misdemeanor, including but not limited to petit larceny or sex offenses;
(c) Any record of having served a jail sentence; or
(d) An admission of drug abuse or reasonable grounds to believe that there has been drug abuse. Excessive use of marijuana would normally be disqualifying; however, each case will be considered individually, during which time all the relevant facts and circumstances will be evaluated before a final decision is made. As a general guide, excessive use may be defined as the use of marijuana on more than fifteen (15) occasions.
870.30

The following background variables will be closely reviewed by the Board and may be used to render a candidate ineligible for appointment:

(a) All military discharges and the reasons for such discharges will be reviewed, including but not limited to performance, conduct, and medical records;
(b) The circumstances surrounding a conviction or convictions for disorderly conduct will be reviewed and evaluated on a case-by-case basis;
(c) Other acts which would constitute a crime will be individually evaluated;
(d) Traffic records will be judged on an individual basis. A pattern of disregard for existing traffic regulations, particularly where the applicant has been convicted of driving under the influence of intoxicants or drugs, may result in the exclusion of the candidate from further processing.
870.31

Any material false statements, misrepresentations or omissions made during any phase of the application process will be the basis for disqualification of a candidate.

870.32

An applicant's file will be placed in a condition of temporary suspension from further processing for either of the following reasons:

(a) The applicant has criminal charges pending; or
(b) The applicant's motor vehicle license has been suspended or revoked or such action is pending.
870.33

The Board will return each candidate's files to the ARO with its recommendation as to whether the candidate should be determined suitable or unsuitable for further processing.

870.34

Based upon the Board's recommendation, the ARO will render a decision as to the suitability of each candidate for further processing. If the ARO does not concur with the decision of the Board, he or she will notify the Board and ask for reconsideration.

870.35

The names of candidates who have a suspended or revoked drivers license, or charges pending to that effect will be coded "N" on the Certificate by the ARO. (See section 870.8(n) of this section). Depending upon the nature and seriousness of the charge, candidates who have criminal charges pending may be coded "N" on the Certificate by the ARO. The ARO will inform the candidates in writing of their temporary suspension from further processing, and will advise such candidates to notify the ARO when these impediments have been removed, as well as provide the ARO with appropriate evidence of such removal. Candidates will also be advised that they may be processed at the time of such notification if the Register has not been terminated prior to that date. These candidates would then be processed in order of their original position number on the Register.

870.36

The ARO will inform each candidate who has been deemed unsuitable, in writing, giving the candidate the reasons for the determination. In addition, each candidate will be informed that he or she may submit, within fifteen (15) workdays of the date of the letter informing the candidate of his or her unsuitability, a written request to the ARO to re-evaluate the facts that led to the determination.

870.37

When requests for review are received, the ARO will remand the background material to the Board for reconsideration. The ARO will inform the candidates in writing as to the final determination of suitability, including the basis for the determination, and that they may appeal the decision in writing to the Fire Chief (or his or her designee). The decision of the Fire Chief is final.

870.38

The names of candidates who failed to provide the required documentation for the background investigation will be coded "E" in the "Disposition" column of the Certificate. The names of those who have been determined to be unsuitable on the basis of the background investigation will be coded "F." These candidates will not be further considered for positions to be filled from the Register being used at the time. (See section 870.8(e) and (f) of this section).

870.39

Upon completion, termination, or suspension from further processing, the ARO will transmit each candidate's file to appropriate staff person.

870.40

Upon request, and for good reason, the ARO may allow a candidate who fails to report to or complete the medical examination one (1) additional opportunity to take or complete the medical examination.

870.41

The Police and Fire Clinic (PFC) will make the medical determination for each candidate and will inform the ARO of its determination in writing.

870.42

The ARO will inform the candidates who were medically disqualified by the PFC of the reasons for the disqualification, both orally and in writing. These candidates will also be advised that they may submit a written request asking that the ARO refer the case to the PFC for reconsideration. The request must be submitted within fifteen (15) days of receipt of the letter that informed them of their medical disqualification.

870.43

A code of "G" will be placed in the disposition column of the Certificate by the names of any candidate who failed to report for the medical examination after being given a second (2nd) opportunity; a code of "H" will be placed in the disposition column of the Certificate by the name of any candidate who failed to complete the medical examination after being given a second (2nd) opportunity; and a code of "I" will be placed in the disposition column of the Certificate by the name of any candidate deemed unsuitable on the basis of the medical examination. Candidates who have been coded "G," "H," or "I" will not be given further consideration for positions filled from the Register being used.

870.44

The Fire Chief may require candidates to complete an updated medical examination or background investigation if more than one hundred and twenty (120) days have elapsed between the date either the medical examination or background investigation were completed and the date of appointment.

870.45

Appropriate staff within the personnel authority will contact selectees in writing to tender offers of appointment. Every effort will be made to ensure that appointments are tendered in the order of original position on the Register, with the exception of variances caused by the occurrence of disposition categories "A," "B," "C," "D," "J," "K," and "N" (candidates placed within disposition categories "E," "F," "G," "H," "I," and "M" would not be tendered an offer of appointment), and subject to processing delays not within the control of the FEMSD. The selectees will be informed of all of the following:

(a) That the selection is tentative pending completion of the background investigation, if applicable;
(b) The components of the background investigation that have not been completed, if applicable;
(c) That a report resulting in a determination of unsuitability will result in termination of employment;
(d) Where and when to report for appointment; and

The procedures for declining or deferring the appointment.

870.46

Delays in processing caused by a candidate's action or inaction may result in the candidate being offered an appointment after other candidates who were initially placed in a lower position on the Certificate. Appropriate staff within the personnel authority will be responsible for documenting the reasons for all such offers of appointment, and for providing the Director of the DCHR, with such documentation upon request.

870.47

Appropriate staff within the personnel authority will prepare all candidate appointment forms for those candidates who have accepted offers of appointment and will secure the necessary signatures as specified on the forms. A code of "L" will be placed in the disposition column of the Certificate by the names of candidates who have been appointed.

870.48

A code of "J" will be placed in the disposition column of the Certificate by the names of candidates who have declined appointment. Their names will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date.

870.49

A code of "K" will be placed in the disposition column of the Certificate by the names of candidates who have requested deferral of their appointment, with the date indicated in the space to the right. These candidates may be appointed on the date requested in the order of their position on the Register if the Register has not been terminated by the personnel authority prior to this date.

870.50

Candidates whose requested deferral dates exceed thirty (30) days from the date of the original date of appointment may be subjected to an updated background investigation.

870.51

Appropriate staff within the personnel authority will provide the ARO with the names of the candidates who have accepted appointment, declined appointment, or deferred appointment, so that the ARO may make the appropriate notations on the Certificate.

870.52

The ARO will return the Certificate to the human resources (HR) staff within the FEMSD before requesting another Certificate.

870.53

When each name has been certified and the last Certificate returned to the HR staff within the personnel authority, the following actions may be taken:

(a) Terminate the Register; or
(b) If there is a need for any entry-level Firefighter/EMT or Firefighter/Basic Paramedic to be hired, prior to the time that a new Register will be available, instruct the appropriate staff to arrange for consideration of those candidates who are still eligible and have been placed at the bottom of the Register in accordance with this section, by the same procedure as was used with the candidates previously considered.
870.54

Candidates whose requested deferral dates exceed 30 days from the date of the original date of appointment may be subject to an updated background investigation.

870.55

The Cluster shall notify the LPD of the identity of those candidates who have accepted appointment, declined appointment, or deferred appointment, so that appropriate notations may be made on the Certificate by the LPD.

870.56

The LPD shall return the Certificate of Eligibles through the Assistant Director to the DCOP Examination and Recruitment Division before requesting an additional Certificate.

870.57

When each name has been certified and the last Certificate returned to the personnel authority, the appropriate staff shall do either of the following:

(a) Terminate the register; or
(b) If there is a need for entry-level firefighters to be hired, prior to the time that a new register will be available, arrange for consideration of those candidates who are still eligible and have been placed at the bottom of the register in accordance with these regulations, by the same procedure as was used with the previously considered candidates, as set forth in this section.

D.C. Mun. Regs. tit. 6, r. 6-B870

Final Rulemaking published at 30 DCR 2555 (May 27, 1983); as amended by Final Rulemaking published at 32 DCR 2473 (May 3, 1985); as amended by Final Rulemaking published at 33 DCR 4301 (July 18, 1986); as amended by Final Rulemaking published at 53 DCR 3248 (April 21, 2006); as amended by Final Rulemaking published at 56 DCR 2571 (April 3, 2009)
Authority: The Director, D.C. Department of Human Resources, and the Chief, Metropolitan Police Department, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008; in accordance with the provisions of section 801(a) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01(a)) (2008 Supp.).