FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 10, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER - Mayor Bolyard II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk III. OPENING CEREMONIES A. rayer/Meditation = Rev. Roy Weese B. Pledge Of Allegiance = Councilmember Sole IV. APPROVAL OF MINUTES Regular Meeting = May 27, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2071, Duly Adopted March 27, 2025, Which Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes And Class Titles To Provide For An Increase In The City Manager's Base Pay, To Clarify The Terms Engineering Technician And Professional Engineer, And To Provide For Additional Compensation In The Steelworkers' Pay Plan For Employees With A Bachelor's Degree From An Accredited College Or University At $0.34/Hour. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT - Travis L. Blosser, City Manager VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2071, Duly Adopted March 27, 2025, Which Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes And Class Titles To Provide For An Increase In The City Manager's Base Pay, To Clarify The Terms Engineering Technician And Professional Engineer, And TO Provide For Additional Compensation In The Steelworkers' Pay Plan For Employees With A Bachelor's Degree From An Accredited College Or University At $0.34/Hour. B. NEW BUSINESS 2. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 177 Fairmont-Marion Regional Airport Authority And More Particularly Section 177.06 Qualification; Compensation Of Members Thereof, To Eliminate The Qualification That Members Of The Authority Must Be Residents Of The City Or County Which Such Members Represent. 3. Adoption, A Resolution Of The Council Of The City Of Fairmont Authorizing The Application To The County Commission Of Marion County, West Virginia, Requesting An Extension And Increase Of The Corporate Limits Of The City Of Fairmont By Minor Boundary Adjustment Pursuant To The Provisions Of West Virginia Code $8-6-5 To Provide For The Annexation Of A Certain 9.63 Acre Tract Of Land, Situate On Or Near Carriage Drive In Fairmont District, Marion County, West Virginia. 4. Adoption, A Resolution Of The Council Of The City Of Fairmont Approving The Rules And Regulations Of The Fire Civil Service Commission Of The City Of Fairmont, Revised, With Amendments By The Fire Civil Service Commission On May 12, 2025 IX. ADJOURNMENT MINUTES 5/27/25 May 27, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th day of May, 2025, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councimembers present were: First District Joshua D. Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Anthony T. Horton Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Eighth District Bruce McDaniel Ninth District Kandice "Kandi" Nuzum Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Marketing Manager David A. Kirk IN RE: OPENING CEREMONIES Rev. Josh Carlisle gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Weber. APPROVAL OF MINUTES IN RE: MINUTES FOR THE MAY 13, 2025 MEETING Mayor Bolyard noted that each member of Councit had received a copy of the minutes from the Regular Meeting held on May 13, 2025 . She asked if there were any corrections, deletions, or amendments. Councimember McDaniel moved to approve the May 13, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember 1 Weber. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING AND REGULATING PRIVATE OUTDOOR DESIGNATED AREAS IN THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on May 16, 2025, a public hearing was convened to obtain citizen input on an ordinance authorizing and regulating Private Outdoor Designated Areas in the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. The following people spoke in favor of the proposed ordinance: James Kane, President of Main Street Fairmont and a downtown business owner Alex Petry, Executive Director of Main Street Fairmont Sam Wilmoth Jeff Merrifield, a business owner on the East Side There being no one else to speak, the public hearing was called to a close at 7:13 p.m. ANNOUNCEMENTS IN RE: THREE RIVERS FESTIVAL Councilmember Rice stated that he attended the Three Rivers Festival last weekend and it was a great festival. Councilmember Moran also mentioned the Festival was really nice and the fireworks were really cool. Mayor Bolyard echoed her appreciation to the Three Rivers Festival board and all of the volunteers and all of the departments at the City and the County that came together to have another amazing festival this year. 2 IN RE: PALATINE PARK Councimember Rice noted that there are great bands coming to Palatine Park. He mentioned that an Elton John Tribute will be held on June 7th. IN RE: TICKETS ON SALE AT FSU Councimember Moran reported that "Small Man" tickets are on sale at FSU. IN RE: CULTIVATE Councimember Moran stated that if you did not make it to the Cultivate Wrap Up Session, you are going to start seeing a lot of that roll out into the community. She noted that the Cultivate meetings are not happening any more, however, we are still going to see the good work of the community members. IN RE: DANGEROUS BUILDINGS Councilmember Moran mentioned that she was excited about the dangerous buildings that are coming down. She said that she drove by the Box Factory today and it is almost gone and over by Palatine Park, there is one less burned- out shell to look at. IN RE: FIREWORKS AT FESTIVAL Councilmember Warner commended the people that did the selection of the fireworks. He noted it was a beautiful fireworks display; however, he was thankful the loud cracking poomers were missing. He said that they adversely affect people with PSD, pets, and various other people. He said all they do is go boom and he was glad they were missing. IN RE: LEADERSHIP MARION CLASS Councilmember Sole reminded everyone that the applications for the 43rd class of Leadership Marion are open now through May 31st. She noted that it was a wonderful program if anyone was interested in the Leadership program. IN RE: YOUNG LEADERS PROGRAM Councilmember Sole also reported that the Young Leaders program for rising sophomores, those applications are also open through May 31st. She noted that all information can be found on the Chamber website. 3 IN RE: CONGRATULATIONS TO DAC Counciimember McDaniel extended his congratulations to Councilmember Sole and the Disability Action Center on the opening of the activity center and the Wilfong Wellness Center. IN RE: ID CARDS Councimember Nuzum stated she was bringing this up because she knows a lot of people have not heard this but May 7th was the last day that a person can get one of those real IDs and after May 7th, you cannot get on an airplane or go into a federal building without it. She said that if you have not gotten your real ID, you need to go in and get it. She said that the real ID has a star on the upper right-hand side of your driver's license. IN RE: MARION COUNTY HISTORICAL SOCIETY Mayor Bolyard thanked the Marion County Historical Society for the Julia Pierpont celebration and event on May 24th. IN RE: PUBLIC WORKS AND PLANNING DEPARTMENT COMMENDED The Mayor shared her appreciation to Public Works and the Planning Department for their beautification all over the city that we see. She noted that they take pride in their work and their dedication and effort they put into this each and every day is evident. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER'S REPORT IN RE: SPRING STAFF GIVE BACK DAY AT WINDMILL PARK The City Manager thanked staff members who participated in the Spring Staff Give Back Day that occurred at Windmill Park. The Public Works crew will finish where they left off. Work is still occurring at Windmill Park on the cornhole pavilion area as well as the completion of the pickleball courts. IN RE: 10TH STREET WAREHOUSE PROJECT Mr. Blosser said the work is occurring on the 10th Street Warehouse Project. 4 He said that they have had meetings with the Fairmont Building Commission and will have additional meetings as we work through the funding side with WesBanco as it relates to the financing that City Council built into the Capital Budget. He noted that this will involve future ordinances before the Fairmont Building Commission as well as City Council in order to racilitate the debt service. IN RE: ZEN GARDEN AT MORRIS PARK The Manager gave a thank you to FSU's Project Management Graduate Program for their work at the Morris Park Zen Garden. IN RE: ROTARY CLUB OF FAIRMONT Mr. Blosser reported that Council will be considering a resolution on tonight's agenda around the donation from the Rotary Club of Fairmont. He asked the members of the Rotary Club to stand and be recognized. He noted that their contribution to this project is what we hope to be the first of many park organizations that work with us as we look to invest in our municipal parks. IN RE: MORGANTOWN AVENUE MINI PARK GROUND BREAKING The Manager announced that on June 2nd at 10:00 a.m. will be the ground breaking ceremony at the current Morgantown Avenue Mini Park which will involve students from East Park Elementary. IN RE: THREE RIVERS FESTIVAL Mr. Blosser stated that Mike and Sharon Swearingen put a lot of work into the Three Rivers Festival as well as their board of directors to put on a festival inside our community that brings folks here. IN RE: PODA PUBLIC HEARING The City Manager extended his appreciation to those individuals who came tonight to speak at the PODA District public hearing. He said that it is one of several items that James Kane has harassed him about over the past several months. This is a big component of Council's strategic plan that has been adopted. This is just a piece of that spoke of economic development and items that we need to do to make ourselves stand out and have opportunities for our businesses to thrive and grow in this city. He went on to say that City Council and staff have a pro-business mindset and we want business growth and we want these opportunities in our community. He then asked Council to act on this PODA District and approve it this evening. 5 CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING AND REGULATING PRIVATE OUTDOOR DESIGNATED AREAS IN THE CITY OF FAIRMONT The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing and regulating Private Outdoor Designated Areas in the City of airmont. Motion: Councimember Warner moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and * the ordinance designated as Ordinance No. 2074 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2071, DULY ADOPTED MARCH 27, 2025, WHICH PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES AND CLASS TITLES TO PROVIDE FOR AN INCREASE IN THE CITY MANAGER'S BASE PAY, TO CLARIFY THE TERMS ENGINEERING TECHNICIAN AND PROFESSIONAL ENGINEER, AND TO PROVIDE FOR ADDITIONAL COMPENSATION IN THE STEELWORKERS PAY PLAN FOR EMPLOYEES WITH A BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY AT $0.34/HOUR. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending the Pay Plan to provide for an increase in the City Manager's base pay, to clarify the terms Engineering Technician and Professional Engineer, and to provide additional compensation in the Steelworkers' Pay Plan for employees with a Bachelor's Degree at $0.34/hour. Motion: 6 Councimember McDaniel moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for June 10, 2025. IN RE: ADOPTION, AN OMNIBUS RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS TO VARIOUS GRANTING AGENCIES, INCLUDING PRIVATE FOUNDATIONS, CORPORATIONS, OR GOVERNMENTAL ENTITIES, FOR GRANTS THAT WILL BENEFIT THE CITY OF FAIRMONT, FURTHER ITS GOALS AND OBJECTIVES AND OTHERWISE LESSEN THE BURDEN OF GOVERNMENT, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION WITH SAID APPLICATION FOR FISCAL YEAR 2025-2026 The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing the submission of applications to various granting agencies. Discussion: Councilmember McDaniel asked if this has to be renewed annually. Mr. Blosser replied that is correct. Motion: Councilmember Sole moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA ACCEPTING A TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) GIFT FROM THE FAIRMONT ROTARY CLUB TO BE USED FOR IMPROVEMENTS TO THE MORGANTOWN AVENUE MINI PARK, AND OFFICIALLY RENAMING THE MORGANTOWN AVENUE MINI PARK AS "FAIRMONT ROTARY MINI PARK" The City Clerk read the proposed resolution by synopsis for the first time. 7 Mayor Bolyard entertained a motion for the adoption of a resolution accepting a $25,000 gift from the Fairmont Rotary Club to be used for improvements to the Morgantown Avenue Mini Park and officially renaming the park as "Fairmont Rotary Mini Park". Motion: Councilmember Sole moved for the adoption of the proposed resolution. Councilmember McDaniel seconded the motion. Discussion: Councilmember Sole commended the Fairmont Rotary Club and stated she was extremely proud of the group. She noted that this was a wonderful thing and it is going to be a great park. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM ENDING JUNE 30, 2028 Mayor Bolyard entertained a motion for one re-appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2028. Motion: Councimember Nuzum moved to re-appoint Rebecca Cepek to the Arts and Humanities Commission for a three-year term ending June 30, 2028. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk and the following votes were recorded: Councilmember McDaniel Yes Councilmember Warner Yes Councilmember Nuzum Yes Councilmember Moran Yes Councilmember Rice Yes Councilmember Weber Abstain Councilmember Horton Yes Councilmember Sole Yes Mayor Bolyard Yes The Mayor declared Rebecca Cepek re-appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2028 by majority vote of Council. 8 IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM ENDING JUNE 30, 2028 Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2028. Motion: Councilmember Sole moved to appoint Kathryn Shields to the Arts and Humanities Commission for a three-year term ending June 30, 2028. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk and the following votes were recorded: Councimember Weber Abstain Councilmember Horton Yes Councilmember McDanie! Yes Councilmember Nuzum Yes Councilmember Warner Yes Counciimember Rice Yes Councilmember Moran Yes Councilmember Sole Yes Mayor Bolyard Yes The Mayor declared Kathryn Shields appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2028 by majority vote of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM ENDING JUNE 30, 2028 Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2028. Motion: Councimember Moran moved to appoint Zane Horabeck-Buseman to the Arts and Humanities Commission for a three-year term ending June 30, 2028. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Nuzum Yes Councilmember Sole Yes Councilmember Warner Yes Councimember Rice Yes Councilmember Horton Yes Councimember McDaniel Yes Councilmember Moran Yes Councimember Weber Abstain Mayor Bolyard Yes 9 The Mayor declared Zane Hornbeck-Buseman appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2028 by majority vote of Council. IN RE: ONE ALTERNATE RE-APPOINTMENT, BOARD OF ZONING APPEALS, THREE-YEAR TERM ENDING JUNE 25, 2028. Mayor Bolyard entertained a motion for one alternate re-appointment to the Board of Zoning Appeals for a three-year term ending June 25, 2028. Motion: Councilmember Nuzum moved to re-appoint Gia Deasy as an alternate to the Board of Zoning Appeals for a three-year term ending June 25, 2028. The motion was seconded by Councilmember McDaniel. Roll call was taken by the Clerk. The Mayor declared Gia Deasy re-appointed as an alternate to the Board of Zoning Appeals for a three-year term ending June 25, 2028 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councimember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Sole. The Mayor declared the meeting adjourned by voice vote of Council at 7:35 p.m. 10 PUBLIC HEARINGS PUBLIC HEARINGS June 10, 2025 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2071, Duly Adopted March 27, 2025, Which Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes And Class Titles To Provide For An Increase In The City Manager's Base Pay, To Clarify The Terms Engineering Technician And Professional Engineer, And To Provide For Additional Compensation In The Steelworkers' Pay Plan For Employees With A Bachelor's Degree From An Accredited College Or University At $0.34/Hour. ITEM 1 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2071, DULY ADOPTED MARCH 27, 2025, WHICH PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES AND CLASS TITLES TO PROVIDE FOR AN INCREASE IN THE CITY MANAGER'S BASE PAY, TO CLARIFY THE TERMS ENGINEERING TECHNICIAN AND PROFESSIONAL ENGINEER, AND TO PROVIDE FOR ADDITIONAL COMPENSATION IN THE STEELWORKERS PAY PLAN FOR EMPLOYEES WITH A BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY AT $0.34/HOUR. SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for a $8,500.00 increase in the base pay of the City Manager. By this proposed ordinance, the Council of the City of Fairmont further provides for the following supplements to the City of Fairmont's Existing Pay Plan: a. To clarify and distinguish the terms professional engineer" and "engineering technician;" and b. To provide for additional compensation in the Steelworkers' Pay Plan for employees with a bachelor's degree from an accredited college or university of $0.34/hour. If adopted, this ordinance shall become effective thirty days after adoption. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2071, DULY ADOPTED MARCH 27, 2025, WHICH PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES AND CLASS TITLES TO PROVIDE FOR AN INCREASE IN THE CITY MANAGER'S BASE PAY, TO CLARIFY THE TERMS ENGINEERING TECHNICIAN AND PROFESSIONAL ENGINEER, AND TO PROVIDE FOR ADDITIONAL COMPENSATION IN THE STEELWORKERS PAY PLAN FOR EMPLOYEES WITH A BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY AT $0.34/HOUR. WHEREAS, pursuant to the provisions of West Virginia Code $8-5-12, the salary and compensation of the officers and employees of the City of Fairmont has been fixed by ordinance, being Ordinance No. 2071. WHEREAS, for meritorious service, Council has authorized and directed that the City Manager's base pay be increased by $8,500.00. WHEREAS, the City Manager has recommended certain modifications to the City's existing pay plan as follows: a. To clarify and distinguish the terms "professional engineer" and "engineering technician;" and b. To provide for additional compensation in the Steelworkers' Pay Plan for employees with a bachelor's degree from an accredited college or university of $0.34/hour. WHEREAS, Council finds it reasonable and necessary to amend and supplement Ordinance No. 2071 to implement the above changes. NOW, THEREFRE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 2071 shall be and the same is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double underlined) Remainder of page blank CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES STEELWORKERS PAY PLAN EFFECTIVE DATE: [JULY 7, 2025] JULY 21,2025 Class Pay Class Base Grade Class Pay Title Pay 100 Auto Service Person $ 29,495.00 105 Utility Accounting Clerk $ 33,755.00 107 Inventory Control Clerk $ 39,367.00 110 Plumber/Pipefitter $ 40,048.00 120 Equipment Operator II $ 40,048.00 125 Customer Service Representative $ 40,048.00 130 Equipment Operator III $ 41,244.00 135 Customer Service Representative I $ 41,244.00 140 Utility Equipment Operator $ 41,244.00 145 Mechanic Operator $ 41,244.00 160 Traffic Skilled Technician $ 42,254.00 165 Auto-Heavy Equipment Mechanic $ 45,000.00 170 Wastewater Treatment Plant Operator $ 46,022.00 175 Water Treatment Plant Operator $ 46,022.00 177 Wastewater Treatment Plant Mechanic $ 46,022.00 180 Wastewater Treatment Plant Electrician $ 46,022.00 185 Water Treatment Plant Electrician $ 46,022.00 190 Lift Station Maintenance Technician $ 46,022.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service PSC Meter Certification - $.39/hour Position Description Mandated CDL Certification $0.75/hour WVDOH Roads Scholar - $0.85/hour Class I - IV Water/Wastewater: - $0.85/hour (passing exam $0.43/hr, required hours $0.42/hr) State of WV Lab Certification (Microbiology) Water/Wastewater - $0.85/hour WVBPH Water Distribution System Certification - $0.85/hour WVBPH Wastewater Collection System Certification - $0.85/hour Position Description Mandated Backflow Coordinator Certification - $0.85/hour Shift Differential - $1.65/hour for the third (afternoon) shift Shift Differential - $1.85/hour for the first (midnight) shift Shift Differential - $1.85/hour for the 6:00 p.m. - 6:00 a.m. shift Alternative Health Care Benefit - $3,500.00 annually Bachelor's Degree from Accredited College or University - $0.34/hour CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES FRATERNAL ORDER OF POLICE PAY PLAN EFFECTIVE DATE: [JULY7, 2025] JULY 21, 2025 Class Pay Grade Class Pay Title Class Base Pay 200 Probationary Patrol Officer $ 53,597.00 205 Patrol Officer $ 60,007.00 210 Detective $ 60,007.00 225 Sergeant $ 65,641.00 230 Detective Sergeant $ 65,641.00 235 Lieutenant $ 72,578.00 240 Detective Lieutenant $ 72,578.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Police Officer Canine Pay-Minimum wage as established from time to time by West Virginia Code $21-5C-2 with a maximum pay based on 10 hours per pay Base pay in lieu of Shift Differential - $1.00/hour Annual Uniform Cleaning Allowance of $650.00 - not included in base pay Police Officer with a Bachelor's Degree from Accredited College or University - $0.34/hour Officer in Charge - hourly pay difference from Patrol Officer First Class to Sergeant for hours worked as Sergeant OIC Officer in Charge - hourly pay difference from Sergeant to Lieutenant for hours worked as Lieutenant OIC Alternative Health Care Benefit - $3,500.00 annually One time monetary incentive of $10,000.00, payable on the first payday following the date of hire, for recruitment of a newly hired Probationay Patrol Officer with an active and valid West Virginia Law Enforcement Certification; subject to reimbursement on a prorated basis within the first three years of employment for voluntary termination West Virginia Law Enforcement Certification Pay $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS EFFECTIVE DATE: [JULY 7, 2025] JULY21,2025 Class Pay Class Base Grade Class Pay Title Pay 250 Probationary Firefighter $ 47,503.00 255 Firefighter Apprenticeship I $ 49,851.00 260 Firefighter Apprenticeship II $ 51,078.00 265 Firefighter $ 53,745.00 270 Fire Lieutenant $ 57,726.00 275 Fire Captain $ 63,282.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Alternative Health Care Benefit - $3,500.00 annually Base pay in lieu of Shift Differential - $0.40/hour Firefighter who holds a degree in Fire Science from Accredited College or University or a Firefighter with a Bachelor's Degree from Accredited College or University- $0.34/hour Fire Prevention and Training Officer Special Assignment Pay - $10,000/annually Officer in Charge hourly pay difference from Firefigher to Fire Lieutenant for hours worked as Fire Lieutenant OIC in Central Station Officer in Charge - hourly pay difference from Fire Lieutenant to Fire Captain for hours worked as Fire Captain OIC in Central Station JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [JULY7, 2025] JULY21,2025 Class Pay Grade Class Pay Title Class Base Pay 305 Parking Enforcement Officer $ 35,356.00 310 Police Records Clerk $ 35,356.00 321 Staff Assistant $ 37,478.00 340 Senior Staff Assistant $ 42,058.00 345 Executive Accounting Clerk $ 42,058.00 355 Executive Staff Assistant $ 43,317.00 360 Customer Relations Manager/Auditor $ 43,317.00 361 Office Manager $ 44,322.00 362 Purchasing Coordinator $ 44,322.00 370 Accounts Payable $ 45,361.00 371 Payroll Clerk $ 45,361.00 [400] [Engineering Technician) r $ 45,813.00] 400 Engineering Technician! $ 45,813.00 405 Construction Inspector $ 45,813.00 410 Code Enforcement Officer $ 45,813.00 415 Customer Service Supervisor $ 45,813.00 420 Communications Manager $ 46,355.00 425 Municipal Court Clerk $ 46,877.00 430 B&O Tax Manager $ 46,877.00 435 Utility Billing Manager $ 46,877.00 440 Code/Housing Officer $ 46,877.00 441 Assistant IT Technician $ 46,877.00 436 Vacant Structure Manager $ 47,355.00 442 Maintenance Superintendent $ 48,055.00 443 Administrative Assistant $ 48,164.00 444 Assistant Planner (Planner I) $ 48,795.00 445 Deputy Building Inspector $ 50,080.00 450 Assistant Field Services Supervisor $ 51,113.00 455 Assistant Supervisor/Meter CSR $ 51,113.00 456 Assistant supervsorsiommwater $ 51,113.00 460 Traffic Supervisor $ 51,113.00 470 Seasonal Crossing Guards Hourly 475 Part-time Parking Enforcement Officer Hourly 480 Part-time Seasonal Employees Hourly 481 Part-time Seasonal Code Enforcement Hourly 485 Summer/Student Intern Appointment Hourly 486 Part-Time Legal Assistant Hourly CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES PAY PLAN EFFECTIVE DATE: [JULY7, 2025] JULY 21,2 2025 A. Position Related Certification Pay i. Utility & Public Works Positions PSC Meter Certification - $0.39/hour Position Description Mandated CDL Certification -$0.75/hour WVDOH Roads Scholar $0.79/hour Class I - IV Water/Wastewater - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ii. Building Inspection & Code Enforcement Positions Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - 1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) B. Other Additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually Unclassified Groups/Positions ADA Coordinator Special Assignment Pay - $1,500.00 Part Time and Seasonal Employees - Federal Minimum Wage Hourly to $15.00 per hour; Summer/Student Intern Appointment - $8.75 to $15.00 per hour Other Part-time positions calculated and paid at hourly rate for Class Pay Title Base Rate CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [JULY 7, 2025] JULY21, 2025 Class Pay Class Base Class Pay Title Grade Pay 530 Information Technology Technician $ 51,113.00 533 Accountant $ 52,651.00 535 Environmental Technician Pretreatment Coordinator $ 54,931.00 540 Secretary/rreasurer $ 57,366.00 545 Public Works Operations Supervisor $ 59,359.00 546 Grant Administrator $ 60,628.00 549 Human Resource Manager $ 63,626.00 550 Assistant Finance Director $ 63,626.00 555 City Planner (Planner II) $ 63,828.00 [560] [Assistant Engineer] $ 64,438.00] 560 Engineering Technician II $ 64,438.00 561 Information Technology Manager $ 64,781.00 570 WWTP Superintendent $ 70,287.00 575 Water Pumping & Treatment Supervisor $ 70,287.00 580 Wet Weather Program Manager $ 70,287.00 585 Field Services Supervisor $ 70,287.00 [590] [Senior Engineer I $ 74,879.00] 590 Engineering Technician III $ 74,879.00 Position-related Certification Pay Utilities: Class I - IV Water/Wastewater: $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - 0.79/hour WWVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ADDITIONAL COMPENSATION: Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Position Description Mandated CDL Certification - $0.75/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: [JULY 7, 2025] JULY21, 2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 700 Building Inspector $ 74,381.00 720 City Clerk $ 75,901.00 725 Utility Controller $ 77,357.00 730 Public Works Director $ 78,062.00 735 Dir of Planning & Development $ 83,283.00 738 Deputy Police Chief $ 86,000.00 740 Finance Director $ 89,225.00 745 Police Chief $ 90,765.00 750 Fire Chief $ 90,765.00 [755] Professional Engineer] I $ 92,447.00] 755 Senior Engineering Technician. $ 92,447.00 760 Utility Manager $ 96,984.00 762 Professional Engineer $ 111,641.00 765 City Manager [$ 125,000.00] $ 133,500.00 770 City Attorney $ 111,641.00 775 Municipal Judge (Part Time) $ 28,387.00 A. Position-related Certification Pay Building Inspection, Code Enforcement and Utilities, Excludes Professional Engineer: Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) Certified Municipal Clerk IIMC (International Institute of Municipal Clerks) - $1.10/hour Class I - IV Water/Wastewater - $0.79/hour State of W Lab Certification (Microbiology) Water/Wastewater: - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour AICP Certification - American Institute of Certified Planners - $.79/hour CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: [JULY 7, 2025] JULY 21, 2025 B. Other additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually West Virginia Law Enforcement Certification Pay - $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) SEVERABILITY: If any provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption; provided however, notwithstanding the effective date the increases and changes provided for herein shall not become effective until July 7, 2025. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 177 FAIRMONT- MARION REGIONAL AIRPORT AUTHORITY AND MORE PARTICULARLY SECTION 177.06 QUALIFICATION; COMPENSATION OFMEMBERSTHEREO, TO ELIMINATE THE QUALIFICATION THAT MEMBERS OF THE AUTHORITY MUST BE RESIDENTS OF THE CITY OR COUNTY WHICH SUCH MEMBERS REPRESENT. SYNOPSIS By House Bill 2964 approved by the Governor on April 25, 2025, the West Virginia Legislature amended $8-29-6 of the West Virginia Code to eliminate the requirement that members of the board of a regional airport authority be residents of the city or county which such members represent and to provide that to be qualified to serve, members of the board may be drawn from within either government entities boundaries. By the provisions of this Ordinance, the Council of the City of Fairmont amends and supplements Section 177.06 which dictates the qualifications of the members of the board of the Fairmont-Regional Airport Authority SO that the qualifications of the members of the board of the Fairmont-Regional Airport Authority are consistent with the provisions of House Bill 2964. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 177 FAIRMONT- MARION REGIONAL AIRPORT AUTHORITY AND MORE PARTICULARLY SECTION 177.06 QUALIFICATION; COMPENSATION OFMEMBERSTHEREOF, TO ELIMINATE THE QUALIFICATION THAT MEMBERS OF THE AUTHORITY MUST BE RESIDENTS OF THE CITY OR COUNTY WHICH SUCH MEMBERS REPRESENT. WHEREAS, pursuant to West Virginia Code $8-29-1, et seq., by the provisions of Ordinance No. 876, codified as Article 177 of the City Code, the City of Fairmont created a regional airport authority known as the Fairmont- Marion County Regional Airport Authority. WHEREAS, Section 177.06 of said Article provides the qualifications and compensation of members. Consistent with the provisions of West Virginia Code $8-29-6, Section 177.06 provides that"all members of the Authority shall be residents of the City or County which such members represent. 1 WHEREAS, by House Bill 2964 approved by the Governor on April 25, 2025, the West Virginia Legislature amended West Virginia Code $8-29-6 eliminating the above requirement. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRMONT HEREBY ORDAINS THAT: ARTICLE 177 FAIRMONT-MARIOM REGIONAL AIRPORT, AUTHORITYof the Fairmont City Code, and more particularly Section 177.96 QUALIFICATION; COMPENSATION OF MEMBERS thereof, be and is hereby amended as follows: (Matter to be deleted bracketed; New matter double underlined) Section 177.06 QUALIFICATION; COMPENSATION OF MEMBERS [AIl members of the Authority shall be residents of the City or County which such members represent.] To be qualified to serve, members of the board of the Authority shall be drawn from the City of Fairmont or Marion County, West Virginia. The City of Fairmont and Marion County are each authorized to make their Authority board appointments from within either government entities boundaries. The Authority board membership may be composed of any combination of such qualified municipal and county residents, with number of votes of each municipality and county to remain subject to the requirement of $177.03 of this Article. No member of the Authority shall receive any compensation, whether in form of salary, per diem allowance or otherwise, for or in connection with his services as such member. Each member shall, however, be entitled to reimbursement by the Authority for all reasonable and necessary expenses actually incurred in connection with the performance of his duties as such member. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 3 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE APPLICATION TO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, REQUESTING AN EXTENSION AND INCREASE OF THE CORPORATE LIMITS OF THE CITY OF FAIRMONT BY MINOR BOUNDARY ADJUSTMENT PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE $8- 6-5 TO PROVIDE FOR THE ANNEXATION OF A CERTAIN 9.63 ACRE TRACT OF LAND, SITUATE ON OR NEAR CARRIAGE DRIVE IN FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA. SYNOPSIS By this proposed resolution, the Council of the City of Fairmont provides the City Manager, or his designee, with authority to do any and all things reasonable and necessary to accomplish the annexation of the real estate described in the ordinance title in to the corporate limits of the City of Fairmont by minor boundary adjustment. The annexation was requested by a majority of the property owners within the territory to be annexed. The property is contiguous to the City's existing corporate limits and the annexation generally meets the requirements of West Viginia Code $8-6-5. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE APPLICATION TO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, REQUESTING AN EXTENSION AND INCREASE OF THE CORPORATE LIMITS OF THE CITY OF FAIRMONT BY MINOR BOUNDARY ADJUSTMENT PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE $8- 6-5 TO PROVIDE FOR THE ANNEXATION OF A CERTAIN 9.63 ACRE TRACT OF LAND, SITUATE ON OR NEAR CARRIAGE DRIVE IN FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA. WHEREAS, Chapter 8, Article 6, Section 5 of the West Virginia Code, as amended provides for the increase and extension of the corporate limits of a municipality by way of annexation by minor boundary adjustment. WHEREAS, a majority of the owners of parcels of land within the boundaries of a 9.63-acre tract of land situate on or near Carriage Drive in unincorporated territory in Fairmont District, Marion County, West Virginia, (Exhibit A), and depicted on that certain plat entitled "Boundary Annexation of 9.63 Acres for the City of Fairmont" dated December 23, 2021, prepared by George E. Pigott & Associates Inc. (Exhibit B) have requested annexation into the corporate limits of the City of Fairmont WHEREAS, said real estate is contiguous to the existing corporate limits of the City of Fairmont and the annexation generally meets the requirements of West Viginia Code $8-6-5. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: SECTION 1. FINDING: The Council for the City of Fairmont hereby finds that the 9.63 acre tract of land described/depicted on Exhibit A appears contiguous to the existing corporate limits of the City of Fairmont; that the expansion of the corporate limits by annexation of the tract of land will not negatively impact the current level of city services provided to its other residents, that the expansion of the corporate limits by annexation of the tract of land will not negatively impact the finances of the city; that the expansion of the corporate limits by annexation of the tract of land will facilitate the city's ability to supply city services to the residents of the territory to be annexed, including paving and street maintenance and fire protection, among others; and that the proposed annexation generally meets the requirements of West Virginia Code $8-6-5. SECTION 2. AUTHORIZATION: The City Manager, or his designee, is hereby authorized to do any and all things reasonable and necessary to accomplish the annexation by minor boundary adjustment of the aforementioned tract of land, including making application to the County Commission of Marion County, West Virginia pursuant to the provisions of West Virginia Code $8-6-5. This Resolution shall take effect immediately. Passed this the 10th day of June, 2025. MAYOR ATTEST: CITY CLERK ITEM 4 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE RULES AND REGULATIONS OF THE FIRE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, REVISED, WITH AMENDMENTS BY THE FIRE CIVIL SERVICE COMMISSION ON MAY 12, 2025 SYNOPSIS By this proposed resolution, the Council of the City of Fairmont manifests its approval of the Rules and Regulations of the Fire Civil Service Commission, revised, with amendments by the Fire Civil Service Commission on the 12th day of May 2025. A copy of the Rules and Regulations, revised, is made part of this resolution. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE RULES AND REGULATIONS OF THE FIRE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, REVISED, WITH AMENDMENTS BY THE FIRE CIVIL SERVICE COMMISSION ON MAY 12, 2025 WHEREAS, West Virginia Code Chapter 8, Part IV provides a comprehensive civil service system for paid fire departments, including the establishment of a fire civil service commission, which is empowered to adopt rules and regulations for carrying into effect the civil service provisions of the Code. WHEREAS, the City of Fairmont has established, equipped, and maintains a full-time paid fire department and has established a Fire Civil Service Commission pursuant to the provisions of West Virginia Code $8-15- 1-1 et seq., which Commission has, pursuant to the provisions of West Viginia Code $8-15-15, adopted rules and regulations, which rules and regulations have been amended from time to time. WHEREAS, at a meeting of the Fire Civil Service Commission duly noticed and held May 12, 2025, certain amendments to the rules were proposed, which amendments were considered and approved. WHEREAS, West Virginia Code $8-15-15 provides that all such rules and regulations and any changes or amendments thereto must be submitted to the mayor and governing body for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRMONT THAT: The Rules and Regulations of the Fire Civil Service Commission, revised, with amendments by the Fire Civil Service Commission on the 12th day of May 2025, a copy of which is attached hereto and made a part hereto, be and are hereby approved and adopted by the Council of the City of Fairmont, This resolution shall become effective upon adoption. Adopted this the 10th day of June, 2025. MAYOR ATTEST: CITY CLERK FIRE CIVIL SERVICE COMMISSION FOR CITY OF FAIRMONT FIRE DEPARTMENT AMENDED RULES AND REGULATIONS APPROVED BY THE FIRE CIVIL SERVICE COMMISSIONERS, CITY MANAGER AND COUNCIL FOR THE CITY OF FAIRMONT REVISED WITH AMENDMENTS BY THE FIRE CIVIL SERVICE COMMISSION ON THE 12TH DAY OF MAY, 2025, AND APPROVED BY THE COUNCIL OF THE CITY OF FAIRMONT JUNE 10, 2025 1 RULE 1 APPLICATION 1. The Fairmont Fire Department Civil Service Commission shall require individuals applying for admission to any competitive examination to file an application with the City of Fairmont, during normal business hours as described in subparagraph (10), a minimum of ten (10) days prior to the proposed examination, in which the applicant shall state under oath or affirmation: a. The applicant's full name, residence, and Post Office address; b. The applicant's United States citizenship, age and the place and date of birth; C. The applicant's state of health, and his or her physical capacity for the public service; d. His or her business and employments and residences for at least three previous years; and e. Any other information reasonably required, touching upon the applicant's qualifications and fitness for the public service. 2. Blank forms for such application shall be furnished by the Civil 3. The commission may require, in connection with the application, certificates of citizens, physicians, and others, having pertinent knowledge concerning the applicant, as the good of the service requires. 2 4. Except as provided in subsections (5), (6), and (7) of this section, the commission may not accept an application for original appointment if the individual applying is less than 18 years of age or more than 35 years of age at the date of his or her application. 5. If any applicant is an honorably discharged veteran of any branch of the United States armed forces, armed services reserve, or National Guard, then the individual may apply for an original appointment if the applicant is not more than 40 years of age. 6. If any applicant formerly served upon the paid fire department of the municipality to which he or she makes application for a period of more than one year, and resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against the applicant within a period of two years next preceding the date of his or her application, and at the time of his or her application resides within the corporate limits of the municipality in which the paid fire department to which he or she seeks appointment by reinstatement is located, then the individual is eligible for appointment by reinstatement in the discretion of the Firemen's Civil Service Commission, even though the applicant is over the age of 35 years, and the applicant, providing his or her former term of service SO justifies, may be appointed by reinstatement to the paid fire department without a competitive examination. The applicant shall undergo a medical examination; and if the individual is SO appointed by reinstatement to the paid fire department, he or 3 she shall be the lowest in rank in the department next above the probationers of the department and may not be entitled to seniority considerations. 7. If an individual is presently employed by one paid fire department and is over the age of 35, he or she may make an application to another paid fire department if: (a). The paid fire department to which he or she is applying is serving a municipality that has elected to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System created in $8-22A-1 et seq. of this code: Provided, That any ndividual applying pursuant to this subdivision is to be classified as a new employee for retirement purposes and prior employment service may not be transferred to the West Virginia Municipal Police Officers and Firefighters Retirement System; or (b) The paid fire department to which he or she is applying is serving a municipality that has elected to participate in the West Virginia Public Employees Retirement System created in $5-10-1 et seq. of this code: Provided, That any individual applying pursuant to this subdivision is to be classified as a new employee for retirement purposes and prior employment service may not be transferred to the West Virginia Public Employees Retirement System, except for individuals and their prior employment service already credited to them in the West Virginia Public Employees Retirement System pursuant to $5-10-1 et seq. of this code. 4 8. Individuals who are authorized to apply to a paid fire department pursuant to subsection (b) of this section shall be in the lowest rank of the department and are not entitled to seniority considerations. (1) Notwithstanding charter provisions to the contrary, any applicant for original appointment need not be a resident of the municipality or the county in which he or she seeks to become a member of the paid fire department. 9. Applications shall be filed with the Clerk of the City of Fairmont between the hours of 9:00 a.m. and 4:00 p.m. on all days except Saturday, Sunday and legal holidays. The City Clerk receiving such applications shall mark thereon the time and date of the filing of said application. Derective applications shall be returned to the applicant for correction and may be refiled by the applicant if returned in a corrected form prior to the expiration of the time period wherein applications will be received. 10. All applications when presented shall be dated, numbered and recorded in the order of receipt. An application when it has been accepted and filed and found to be in correct form shall not be returned for any reason to the applicant. 11. If two or more people have the exact score on the competitive examination, then the person that first submitted their application in accordance with Paragraph 10 shall then be placed above any other person(s) with the same competitive examination score for placement on the certified eligibility list for original appointment or promotion. 5 RULE II CALLING OF EXAMINATION 1. Requests for competitive examinations for a position within the Fire Department of the City of Fairmont may be made by the Fairmont City Manager on behalf of the Council of the City of Fairmont or such exams may also be given at the discretion of the Civil Service Commission. The Civil Service Commission shall endeavor to maintain a current eligibility list at all times for the positions of Probationary Firefighter, Lieutenant, Shift Captain, and FPTO Captain. 2. All competitive examinations for appointment or promotion to all positions shall be practical in character, and shall relate to such matters, and include such inquiries, as will fairly and fully test a comparative merit and fitness of the individual or individuals participating in the examination to discharge the duties of the employment position sought by the applicant. All competitive examinations shall be open to all applicants who have fulfilled the preliminary requirements specified in these Rules and Regulations. 3. Adequate public notice of the date, time and place for every competitive examination, together with information as to the kind of position sought to be filled, shall be given at least sixty (60) days prior to such promotional competitive examination, and thirty (30) days prior to such 6 original appointment competitive examination. This Commission shall post, in a public place at the office of the City Clerk of the City of Fairmont, the eligibility list, containing the names and grades of those who have passed such competitive examination for positions in the Fire Department, and shall indicate thereon such appointments as may be made from said list. 4. All applicants for appointment or promotion to any position in the Fairmont Fire Department who have passed the competitive examination specified above shall, before being appointed or promoted, undergo a psychological and medical examination which shall be conducted under the supervision of a duly licensed medical care provider(s). Such medical care provider must certify that the applicant is free from any bodily or mental defects, deformity or diseases which might incapacitate said applicant from the performance of the duties of the position desired and must further state that the applicant is physically fit to perform such duties before the applicant shall be appointed or promoted to any position, as outlined in current edition of the National Fire Protection Association (NFPA) 1582. Further, in the discretion of this Commission, the medical examination may be given prior or subsequent to the competitive examination, and if the medical examination is not passed by the applicant, said applicant shall not be admitted to take the competitive examination. In addition to a medical and psychological examination, all applicants for original appointment must successfully pass a physical agility examination directed by the Fire Chief and such examination 7 be administered by members of the Fire Department at Fire Chief's direction and such examination be monitored by the Commission. The sequence of giving the written test, medical examination, psychological examination and physical agility exam shall be left to the sole discretion of the City of Fairmont and this Commission. 5. Each competitive examination for promotion shall be graded upon a maximum percentage scale of 100%. No person shall be found to have passed said competitive examination for promotion nor be placed upon an appropriate eligibility list unless such applicant obtained a total score of 70% taking into consideration said applicant's written competitive examination score and said applicant's time of experience as expressed in number of months within the Department. 6. If the competitive examination is for original appointment, there shall be added to said applicant's total score the sum of five (5) percentage points if said applicant has been honorably discharged from military service of the United States, or said applicant is a bona fide member of the United States military, Reserves or the National Guard or said applicant has completed military basic training prior to date of examination. See Section X for explanation of process of final scoring of exams. 7. Any applicant for promotion to any position in a paid Fire Department may personally review such applicant's examination questions, answers and scores to all parts of any competitive examination within five days after the 8 posting of the results of the competitive examination. This right is subject to the Rules and Regulations promulgated by the standardized testing companies that are utilized by the Commission. Such five day time period shall not include the day that the examination results are initially posted, nor any day that the office of the City Clerk of Fairmont is not open for business to the public. The Commission shall not certify the list of eligible persons for promotion until all procedures relating to a request for individual review of test and answers have been completed. The Commission shall provide any applicant requesting such a review of such applicant's examination questions, answers and scores with a location to review such materials, if the same is permitted by the standardized testing company. 8. If any particular applicant feels aggrieved by the answers and/or scores received on a promotional competitive examination, the Commission shall, at the request of such applicant made within five (5) days as calculated above, appoint a date, time and place for a public hearing at which time said applicant may appear, with or without counsel. The Commission shall review all parts of the competitive examination questions, answers and scores of the aggrieved applicant, and testimony shall be taken upon those issues. The Commission shall subpoena, at the expense of the applicant, any competitive witness requested by such applicant. After such a review hearing, the Commission shall render a decision either in favor of or against the applicant, and therefore adjust the eligibility 9 list to provide for such applicant's adjusted score, or the Commission shall rule that the applicant's prior score should remain unchanged. Any decision rendered by the Commission under this section shall be in writing and shall set forth Finding of Fact and Conclusions of Law relied upon to each and such decision. 10. The Commission shall not certify a list of eligibles after the completion of a competitive promotional examination until all applicants for such positions have exhausted the procedures before the Commission set forth in this section. 11. If any applicant is aggrieved by a decision rendered by the Commission under this section, said applicant may, within twenty (20) days of the date of the Commission's decision, seek judicial review thereof in the Circuit Court of Marion County, West Virginia. The applicant shall have the right to seek writ of mandamus to the appropriate court within the times specified in this sub-section. 12. The Commission may refuse to examine an applicant, refuse to certify the applicant as eligible to be appointed or promoted to any position if said applicant is found by the Commission to lack any of the established preliminary requirements for the examination or position for which the applicant currently applies, or that the applicant is physically SO disabled as to be rendered unfit for the performance of the duties of the position desired; or that the applicant is addicted to the habitual use of intoxicating liquors or 10 drugs; or that the applicant has been found guilty of a crime or of another infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or that the applicant has made a false statement of any material fact or practice or attempted to practice any deception or fraud in the application, in the participation of said competitive examination, or in securing the applicant's status of eligibility; or the applicant refuses to comply with the Rules and Regulations of this Commission. 13. If any applicant feels aggrieved by the action of the Commission in refusing to examine the applicant, or after an examination and refusing to certify the application as eligible, the Commission shall, at the request of the applicant, appoint a date, time and place for a public hearing; at which time the applicant may appear in person or with counsel, or both, and the Commission shall then review its refusal to make such examination or certification; and testimony shall be taken on those issues. The Commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the Commission shall file in its records the testimony taken and shall again make a decision, which decision shall be final and not subject to judicial review, but under no circumstances shall the provisions of this Rule as stated herein be construed in the case of any refusal to examine an applicant for promotion or to certify an applicant as eligible for promotion, as depriving such applicant of his right to see a writ of mandamus, 11 if the application for such writ is made within twenty (20) days from the date of the decision refusing to examine or certify the applicant as eligible for promotion. RULE III APPOINTMENTS AND PROMOTIONS 1. Every position, unless filled by promotion, reinstatement or reduction, shall be filled only in the manner specified in these Rules and the law of the State of West Virginian. The appointing officer shall notify the Civil Service Commission of any vacancy in a position which is desired to be filled, and shall request a list of individuals who are certified as eligible for said position. The Commission shall forthwith certify from the eligibility list, the names of three individuals thereon who received the highest averages at the preceding competitive examinations held by the Civil Service Commission within a period of three (3) years preceding the date of the prospective appointment. The appointing officer shall, thereupon, with the sole reference to relative merit and fitness of the candidates, make appointments from the three names SO certified. 2. Provided, that should the appointing officer make objection to the Civil Service Commission, to one or more of the individuals listed on the eligibility list, for any of the reasons stated in Section II, Paragraph 11 of these Rules, and should such objection be sustained by the Commission, after a public hearing along the lines provided in Section II, Paragraph 11, if any such 12 hearing is requested, the Commission shall thereupon strike the name of any such individual from the eligibility list, and shall certify the next highest name for each individual SO stricken. 3. As each subsequent vacancy occurs, in the same or another position, precisely the same procedure shall be followed. Provided, however, that after any name has been rejected three (3) times for the same or another position in favor of the name or names below it on the list, the said name shall be stricken from any current eligibility list. When there are a number of positions of the same kind to be filled at the same time, each appointment shall, nevertheless, be made separately and in accordance with these Rules and Regulations. When an initial appointment is made to the City of Fairmont Fire Department, such position shall be probationary for a period of one (1) year. 4. The West Virginia Legislature has specifically provided that the Civil Service Commission shall use the highest average total score for the prior three (3) years in determining those individuals who may be eligible for original appointment. Neither the Fairmont Firefighters Civil Service Commission nor the Council for the City of Fairmont has the authority to specify or adopt a lesser or greater period of time from which the highest average total score may be taken. e-only-exeeptieptien-to-thsuletis-that-there must -be-at-least-three ePpesenwResessiaNeisetotepixdente elgibH/-stfererighnahappointment: 13 5. The appointing officer is not required to select the highest scoring candidate submitted from within the eligibility list for original appointment. 6. The Commission shall use the highest average total score for the prior three (3) years in determining those individuals who may be eligible for promotion. RULE IV NON-COMPETITIVE EXAMINATION FOR FILLING VACANCY PROVISIONAL APPOINTMENT Whenever this Commission finds that there are urgent reasons for filling a vacancy in any position in the City of Fairmont Fire Department, and there is no list of individuals eligible for appointment to said position after a competitive examination, the appointing officer may nominate an individual to the City of airmont Firemen's Civil Service Commission for Non- Competitive Examination; and if such nominee shall be certified by the Civil Service Commission as qualified, and after such Non-Competitive Examination and a medical examination, such applicant may be appointed provisionally, to fill such vacancy or position until a selection and appointment can be made after a duly competitive examination, in the manner previously described in Rule II, Paragraph 2, but such provisional appointment shall not continue for a longer period of more than three (3) months, nor shall successive provisional appointments be made to the same position, under the provisions of these rules. 14 RULE V PROMOTIONS 1. Vacancies and positions of the Fairmont Fire Department shall be filled, SO far as practical, by promotions from among individuals holding positions in the next lower grade in the Fairmont Fire Department. Promotions shall be based upon experience and competitive examination of candidates to be ascertained by competitive examinations to be provided by the Firemen's Civil Service Commission of the City of Fairmont and upon the superior qualifications of the individuals promoted, as they are shown by their previous service and experience. The applicant for promotion is based only on the highest total competitive examination score taking into consideration both written examination score and time in service which that person shall be promoted first. Provided, that no individual shall be eligible for promotions from the lower grade to the next higher grade until such individual shall have completed at least two years of continuous service in the next lower grade in the department immediately prior to said examination and has completed the registered apprenticeship and certification program under article 29A, Chapter 30 of the West Virginia Code. Pursuant to West Virginia Code Chapter 8, Article 15, Section 22, neither the Fairmont City Council nor the Firemen's Civil Service Commission has the authority to waive the statutory two-year time-in-grade requirement in regard to promotions. 15 2. In addition to the above, no individual shall be eligible for promotion from the lower grade to the next higher grade until such individual has completed the following minimum NFPA or West Virginia State Fire Commission approved equivalent certification levels as provided by Section Five = Certification and Training of the West Virginia State Fire Commission Administrative Policy, Requirements for Local Fire Departments, Effective May 1, 2007: All individuals seeking promotion to Lieutenant: NFPA 1021 or WVSFC Level I All individuals seeking promotion to Captain: NFPA 1021 or WVSFC Level II All individuals seeking promotion to Chief: NFPA 1021 or WVSFC Level II 3. All individuals seeking the position of Fire Prevention Training Officer must have been promoted to the position of Lieutenant or Captain prior to testing for the position of Fire Prevention Training Officer. 4. If no members of the Fairmont Fire Department have the necessary time-in-grade qualifications or meet the other minimum training requirements/requirements for promotion, vacancies for such position shall only be filled by appointment after a competitive examination for a single period of thirty (30) days. 16 RULE VI NO POLITICAL OR RELIGIOUS INQUIRIES 1. No question in any form of application or in or during any examination shall be SO framed as to elicit information concerning the political or religious opinions or affiliations of any applicant. No discrimination shall be exercised, threatened or promised by any individual in a paid Fire Department against, or in favor of, an applicant, eligible person, or member of a paid Fire Department, because of said person's political or religious opinions or affiliations. RULE VII POLITICAL ACTIVITY OF MEMBERS OF PAID FIRE DEPARTMENT PROHIBITED 1. No member of the Fairmont Fire Department may solicit or reçeive any assessment, subscription or contribution or perform any service for any political party, committee, or candidate for compensation, other than for expenses actually incurred. No member of the Fairmont Fire Department may use any official authority or influence, including, but not limited to, the wearing by a member of a paid Fire Department of his/her uniform, for the purpose of interfering with or affecting the nominations, election or defect of any candidate or the passage or defect or any ballot ssue. Provided, that this rule shall not be construed to prohibit any member of the Fairmont Fire 17 Department from casting his/her vote at any election while wearing his/her uniform. 2. No member of the Fairmont Fire Department may coerce or command any one to pay, lend or contribute anything of value to a party, committee, organization, agency or person or the nomination, election or defect of a ballot issue. Nor may any member of the Fairmont Fire Department be a candidate for or hold any other public office or be a candidate or delegate to any state or national political party convention or a member of any national, state or local committee of a political party or serve as a financial agent or treasurer of any political committee or candidate. 3. Any member of the Fairmont Fire Department who violates the provisions of this Rule as it pertains to prohibited political activities shall have his/her employment vacated and shall be removed, in accordance with the Rules and Regulations as stated by this Commission and the laws of the State of West Virginia. 4. No member of the Fairmont Fire Department shall be appointed or promoted to or demoted or dismissed from any position or in any way favored or discriminated against because of his/her engagement in any political activities that are not otherwise prohibited by the laws of the State of West Virginia and these Rules and Regulations. 5. Lobbying is specifically not a political activity and therefore is not prohibited by this Rule or the Laws of the State of West Virginia. 18 6. The following activities are prohibited as 'political activity" on the part of a member of the Fairmont Fire Department governed by Civil Service Rules: Serving as an election officer; serving on any political party committee; serving as a poll watcher, challenger or checker; soliciting support for a candidate; soliciting campaign contributions; circulating leaflets, circulars, and other advertising material; organizing political meetings, transporting voters to register on behalf of a political party; transporting voters to the polls on behalf of candidates seeking election; expressing political views at caucuses, conventions or other political gatherings; participating in political parades; canvassing for signatures on party nominating committees; serving as delegates to conventions; placing in nomination a candidate at a convention; and serving as an officer at a convention or on convention committees. RULE VIII REMOVAL, DISCHARGE, SUSPENSION OR REDUCTION IN RANK OR PAY 1. No member of the Fairmont Fire Department shall be removed, discharged, suspended or reduced in rank or pay except for just cause, which shall not be religious or political in nature. No such member shall be removed, discharged, suspended or reduced in rank or pay except as provided by the law in the State of West Virginia and these Regulations, and in no event shall such action be taken until the member shall have been furnished a written statement of the reasons for such actions taken. In every case of such removal, discharge, suspension or reduction in rank or pay a copy of the 19 statement of the reasons therefore and of the written answer thereto, if the members sought to be removed, discharged, suspended or reduced in rank or pay desires to file such a written answer, shall be furnished to the Firemen's Civil Service Commission and entered upon its records. 2. If the members sought to be removed, discharged, suspended or reduced in rank or pay shall demand it, the Commission shall grant the member a public hearing which hearing shall be held within a period of ten (10) days from the filing of the charges in writing or the written answer thereto, which ever shall occur last. 3. At such hearing, the burden shall be upon the removing, discharging, suspending, or reducing officer, hereinafter in this Rule referred to as the "Removing Officer" to show just cause for the action, and in the event the Removing Officer fails to show just cause for his action before the Commission, then the member sought to be removed, discharged, suspended or reduced shall be reinstated with full pay, forthwith and without any additional order, for the entire time period during which the member may have been prevented from performing the members usual employment, and no charges shall be officially recorded against his record. 4. The member, if reinstated or exonerated, shall, if represented by legal counsel, be awarded a reasonable attorney fee and such fee shall be determined by the Commission and paid by the City of Fairmont. A written record of all testimony taken at such hearing shall be kept and preserved by 20 the Civil Service Commission. Such records shall be sealed and not be opened to public inspection, unless an appeal is taken from the action of this Commission. 5. In the event that the Commission shall sustain the action of the removing officer, the member removed, discharged, suspended or reduced in rank or pay shall have an immediate right of appeal to the Circuit Court of Marion County. In the event that the Commission shall reinstate the member removed, discharged, suspended or reduced in rank or pay, the removing officer shall have an immediate right to appeal to the Circuit Court of Marion County. In the event either the removing officer or the member objects to the amount of the attorney fees awarded to the member, the objecting party has an immediate right of appeal to the Circuit Court. Any appeal must be taken within ninety (90) days from the date of entry of the final order of this Commission; upon an appeal being taken and documented with the Clerk of the Marion County Circuit Court, the Circuit Court shall proceed to hear the appeal upon the original record made before the Commission and no additional proof shall be permitted to be introduced at said hearing. The Marion County Circuit Court's decision shall be final, but the member or the Removing Officer, as the case may be, against whom the decision of the Marion County Circuit Court is rendered shall have the right to petition the West Virginia Supreme Court of Appeals for a decision of the Marion County Circuit Court's decision, as may be done in other civil cases. 21 6. Such member or Removing Officer shall also have the right, where appropriate, to seek in lieu of appeal, a writ of mandamus. Member if reinstated or exonerated by the Circuit Court, shall, if represented by counsel, be awarded a reasonable attorney fee as approved by the Court, and such fee shall be paid by the City of Fairmont. 7. The Removing Officer and the member sought to be removed, discharged, suspended or reduced shall at all times, both before the Commission and upon the appeal, be given the right to employ counsel to represent them. RULE IX ECONOMIC REDUCTION OF MEMBERS 1. If for any reason of economy or other reasons it shall be deemed necessary by the City of Fairmont to reduce the number of paid members of its Fire Department, the reduction in members of the Fire Department shall be effectuated by suspending the last person hired, including probationary firefighters, who was appointed to the Fire Department of the City of Fairmont. Such removal shall be accomplished by suspending the number desired in the inverse order of their appointment. 2. Provided, that in the event that the City of Fairmont Fire Department shall again be increased in numbers to the strength existing prior to such reduction of members, the said members suspended under the terms of this sub-section shall be reinstated in the inverse order of their suspension before 22 any new appointment to said Fire Department shall be made in accordance with West Virginia Code $8-15-26 and 58-15-27. RULE X COMPUTATION OF TEST SCORES AND TIME IN SERVICE FOR PROMOTIONAL EXAMINATION 1. Each applicant's final total competitive examination score will be based upon his/her written test score and time in service as expressed in months compared by a percentage of the highest test score and the most time in service as expressed in months of those individuals who participated in the competitive examination. The highest written test score will equal 70% of the total score and the most time in service as expressed in months will equal 30% of the total score. The only way an applicant could score 100% on the total score would be to score the highest on the written test and also have the most time in service as expressed in months of all of those individuals participating in the competitive examination. 2. "Time in Service" refers to the total amount or time as expressed in months that the applicant has been serving in the capacity as a member of the City of Fairmont Fire Department. "Time in Service" does not simply refer to the amount of time that the applicant has served in any given particular grade or rank. 23 3. If the competitive examination is for original appointment, there shall be added to said applicant's total score the sum of five (5) percentage points if said applicants has been honorably discharged from the Military Service of the United States, or if said applicant is a bona fide member of the United States Military Reserves or the National Guard or has completed military basic training prior to the date of examination. RULE XI NOTICE OF APPOINTMENTS 1. The City Manager shall notify the Civil Service Commission of any appointment, promotion, reinstatement, reduction or removal of any member of the City of Fairmont Fire Department upon its occurrence. RULE XII DISBURSEMENT OF INFORMATION 1. The Civil Service Commission shall maintain in an easily accessible place a bulletin board on which shall be posted notices of all examination and public hearings, and copies of all eligibility lists. All examination scores shall be posted by each applicant's social security number SO as to conceal the names of each individual applicant. 24 RULE XIII AMENDMENT OF RULES 1. No amendment to these rules shall be adopted by the Commission at the same meeting at which such amendment is proposed and no final action shall be taken on any amendment in less than thirty (30) days after its proposal, except as hereinafter provided. Any proposed amendment shall be posted on the bulletin board. The Commission shall furnish a copy of any proposed amendment to any citizen of the City of Fairmont requesting the same, and shall allow that person an opportunity to be heard in regard to it if such person SO desires. Providing, however, that in the event of any emergency arising affecting the best interest of the City of Fairmont or the Fire Department of the City of Fairmont, the Commission may adopt an amendment without observing the foregoing provision. 2. Provided, that these rules and all amendments thereto shall not become effective unless and until the same be approved by the Council of the City of Fairmont, unless the City Council neglects to act upon the amendments within thirty (30) days after the same are submitted to them for approval, in which case the rules and amendments shall become effective as though approved by the Council of the City of Fairmont. 25 RULE XIV COMPLIANCE WITH WEST VIRGINIA LAW 1. Nothing contained within these Rules and Regulations are intended to infringe upon or violate any statutory or common law as may be found in the State of West Virginia. If a court of law should determine that any of these Regulations, or any portion of any of them do in fact infringe upon or violate the laws of the State of West Virginia, such portion of the Rules and Regulations found to be in violation of West Virginia law are hereby construed by this Commission to be null and void. 26