By Tracy Jordan
The Morning Call
Copyright 2007 The Morning Call, Inc.
All Rights Reserved

EASTON, Pa. — Easton Fire Department's upper ranks will finally get filled next week after enduring vacancies for more than a year.

The Fire Civil Service Commission certified the promotion lists for the open captain and lieutenant positions Saturday, and it also set a tentative date to test candidates for entry-level firefighter jobs.

"The guys still have to go through and take a physical and psychological tests, and will do it this week," Fire Chief John Bast said Monday. "Then, hopefully, next week we'll make the promotions."

Capt. John H. Price will be promoted to deputy chief as Mayor Phil Mitman previously announced in August upon Fire Chief Frank Chisesi's retirement. Lt. Robert Dantinne will be promoted to captain, and four officers will be promoted to lieutenant.

Although there are only three lieutenant vacancies, Bast said the extra lieutenant will be able to serve as acting captain until another captain's test is administered.

"That fills all our supervisor spots, but I'm still short five people," Bast said. "But at least my officer ranks are filled."

Although the Fire Civil Service Commission has tentatively scheduled an entry-level exam for June 9, City Council did not provide funding for the five vacancies in the 44-member department because the administration and fire union are locked in arbitration to settle the next labor contract.

Despite the lack of funding, testing will proceed in the hopes the contract is resolved, Bast said.

City Personnel Director Patricia Glory said a firm date for testing could not be set, because the city has not identified a testing site or a company to administer the written exam. Therefore, she said, applications probably will not be available until the end of April or early May.

This will be the first entry-level exam since 2003, when 236 applicants took the test. That list was certified in March 2004.

The commission re-certified the list in May 2006, raising complaints from firefighters who claimed the local Civil Service Commission rules required the test be administered every two years.

Glory, who serves as the commission's secretary, informed firefighters that the commission had received a verbal opinion from the city solicitor's office that legally it was all right to continue using the old list for another two years.

After arguing for several months with the firefighters over the list and other promotional matters, the commission hired its own solicitor in October 2006.

Attorney Peter C. Layman of McFall, Layman & Jordan in Bangor advised the commission in a Feb. 1 letter against using a "refreshed list."

"It is my belief that the words of the regulations that "in no case shall any eligible list remain in effect for a period of more than two years from the date of its certification' are clear" Layman wrote. "After two years, a new list must be created through the examination process provided for in the civil service law and regulations."

Layman also noted in his letter that the state Fire Civil Service Commission rules, unlike the city's rules, do not contain a two-year limitation. He also noted that he spoke with the city's solicitor, William K. Murphy and assistant solicitor, Joel M. Scheer, and neither recalled advising the commission to continue using the expired list.

Local 713 President John McKenna said the commission's decision to hire a solicitor has seemed to put the commission on track.

"We're hoping they continue to follow the rules as they're written and the procedures the proper way," McKenna said. "Hiring a solicitor was definitely a step in the right direction."