Firefighters-employment and appointments.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0010

ENROLLED ACT NO. 53, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to firefighters; modifying provisions regulating employment and appointments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 15
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107, 15
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108, 15
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122(a)(intro) and 15
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204(d) are amended to read:

15
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5
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107.

Employment and appointments generally; requirements; veterans; grading; reexamination.

Only those persons who are seventy-five percent (75%) or more proficient may be certified for employment
.
, and if certified for employment in a fire department are adults under thirty-three (33) years of age, except this age requirement does not apply to any person employed as the chief of a department

A local fire commission may establish a higher required proficiency, in which case only those persons meeting the higher standard shall be certified by the commission for employment
.
The examination requirements of this section shall not apply to a person meeting the conditions of W.S. 15
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122(a) if the person is employed by a police department. The
age and
examination requirements of this section shall not apply to a person meeting the conditions of W.S. 15
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122(a) if the person is employed by a fire department.
All other things being equal, persons honorably discharged from the military service of the United States shall be given preference for employment over other candidates. Those examined shall be graded upon their examinations and their approved ratings or grades entered in a register.
Those
E
ligible
applicants for the fire department
shall remain on the registers two (2) years, except
the hiring authority of each department may choose the option of a one (1) year register. A
pplicants for the police department shall remain on the register one (1) year, without reexamination and certification. However, the commission, in its discretion, may require further examination as to physical fitness, health and age qualifications prior to certifying the applicant to the governing body for employment.

15
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108.

Employment and appointments generally; manner of filling positions.

If a position is to be filled in either department, the governing body or chief of the department shall request from the commission the names of
three (3) eligible persons, except in the case of police departments the names of
five (5) eligible persons
.

shall be requested.
Upon request, the commission shall certify for
fire
departments the names of the
three (3) and for police departments the
five (5) qualified applicants having the highest percentage of proficiency, one (1) of whom shall be employed. If all persons certified are unsuitable for the position, the commission shall certify additional names, but the reason for certification of the additional names shall be stated in the certificate. If there are no registered, eligible applicants, the commission may allow provisional employment, or it may authorize the appointive authority to select a suitable person for examination, and if qualified, that person shall be certified for employment.

15
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5
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122.

Fire and police services provided under cooperative agreements; exemption from civil service provisions; service credit.

(a)

The examination,
age,
preference and initial employment criteria of W.S. 15
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105 through 15
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108 shall not apply to a person employed in a fire or police department if:

15
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5
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204.

Pensions; amounts; qualifications; when paid; disability benefits; disqualifications; examinations; disallowance; actions; adjustment.

(d)

No fireman is entitled to draw a disability pension if the primary cause of the mental or physical disability which renders him unfit for active duty is alcoholism,
dope
substance abuse or
addiction or an injury incurred as a result of the commission of a crime of a voluntary nature, or a mental or physical condition which existed at the time of his employment.
Firemen employed in violation of the maximum age requirement specified in W.S. 15
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107 are not qualified to receive a disability pension.

Section 2.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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