HomeMy WebLinkAbout2021-09-02 Civil Service Commission - Addendum Package
**ADDENDUM**
Date:September 2, 2021
Time:5:15 p.m.
Location:City Hall, Bldg. #C, Conference Room B-129
276 Fourth Avenue, Chula Vista
Welcome to your Civil Service Commission Meeting
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Pages
5.ACTION ITEMS
*5.5.Candidate Appeal Regarding the Fire Battalion Chief Recruitment
#21551104P
3
Recommended Action:
Commission deny appeal and uphold City decision.
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Serving Public Safety throughout California with offices in Los Angeles, Long Beach, Orange County and San Diego.
VIA ELECTRONIC AND U.S. MAIL
August 27, 2021
Chula Vista Civil Service Commission
C/O City Clerk
City of Chula Vista
276 Fourth Avenue, Building A
Chula Vista, California 91910
cityclerk@chulavista.gov
cchase@chulavistaca.gov
shaskins@chulavistaca.gov
Dear Civil Service Commission:
In accordance with section 1.04 (Examinations) of the Chula Vista Civil Service Rules, the following is
a written objection to the results of the July 2021 Chula Vista Fire Department Battalion Chief promotion exam.
Section J. of 1.04 allows for review of an examination matter if a written objection is received within 30
days. An objection is limited to claims that civil service rules or city policies or procedures were not followed in
making the decision.
Dave Acosta (“Acosta”) was a candidate in the Battalion Chief promotional exam process. The exam is
broken up into multiple parts. One portion of the exam is a practical application section where candidates are
expected to act out a real-world situation in accordance with department policies and standard operating
guidelines (SOG). The scenario chosen for evaluation was the candidate’s radio coordination of a fire response
at a three-story apartment complex. Candidates are then graded on a points scale. Acosta was not given a
passing score on this section despite satisfactory scores on all other sections.
Civil Service Rules Section 1.04 Section E. Examination Content: States that the “Examinations will test
the ability of each applicant to fulfill the requirements of the position to which he or she seeks to be appointed.”
The practical application did not test Acosta’s ability to fulfill the requirements of the position of a battalion
chief for the Chula Vista Fire Department in two ways.
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Civil Service Commission
August 27, 2021
Page 2
First, the radio system Acosta was expected to use during the evaluation was not a system used by the
Chula Vista Fire Department. Candidates were given a few minutes to familiarize themselves with the system
before the evaluation began. The effective use of a system not used by the department does not test the ability to
fulfill the requirements of the position being tested for.
Second, the Chula Vista Fire Department does not have a SOG for a three-story apartment complex.
Therefore, using this scenario does not test the ability to apply the appropriate steps as set forth by department
policies and SOGs. Additionally, without a SOG as a set standard, grading is left to the evaluator’s purely
subjective interpretation.
The requirement to use equipment that is not used in the field and the choice to use a scenario that does
not allow for the evaluation of the application of Chula Vista SOGs violates Section E as it does not test the
abilities expected of a Chula Vista Battalion Chief.
Therefore, it is asked that Civil Service Commission rectify the improper decision by allowing Acosta to
retake a revised practical portion of the examination that tests his ability to apply the department’s standards in
a real-life scenario using equipment that he would actually use as a Chula Vista battalion chief.
Very truly yours,
//s//
Stuart D. Adams
Attorney at Law
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Page 1
Date: August 31, 2021
To: Civil Service Commission
Via: Courtney Chase, Director of Human Resources
From: Linette Abille, Senior Human Resources Analyst
Subject: Response to Written Objection to the Results of the Fire Battalion Chief Recruitment
(Recruitment # 21551104P) from candidate, David Acosta
On August 27, 2021, the Human Resources Department received a written objection to the results of the
July 2021 Chula Vista Fire Department Battalion Chief promotion exam from Adams, Ferrone & Ferrone
on behalf of candidate David Acosta and is requesting that the Civil Service Commission allow Mr. Acosta
to “retake a revised practical portion of the examination” (See Attachment 1).
Mr. Acosta is currently employed with the City of Chula Vista as a Fire Captain. Mr. Acosta applied for
and participated in the closed/promotional process for Fire Battalion Chief, Recruitment #21551104P.
The Fire Battalion Chief process consisted of the following examination components, shown below along
with their weight (percentage of final score):
• Operational Simulation Exercise 40%
• Technical/Promotional Oral Interview & Written Exercise 45%
• Written Exam 15%
Total 100%
Candidates were notified on at least two occasions that they must pass all components of the assessment
events in order to be placed on the eligibility list (see Attachments 2 and 3). Additionally, Civil Service
Rule Civil Service Rule 1.04(F), Examination Grades indicate, “Applicants must pass each test
component with a passing score to be placed on an eligibility list, unless otherwise noted.” (See
Attachment 4)
Candidates participated in the assessment events on July 19 and July 28, 2021. On July 28, 2021,
evaluators for the Operational Simulation Exercise determined that Mr. Acosta had failed the exercise,
receiving 330 points (out of a possible 700 points) or 47%.
On July 29, 2021, Mr. Acosta was notified of his scores on the Fire Battalion Chief process and that a
passing score of 70 or better must be achieved on each of the individual evaluation steps to be eligible
for placement on the eligibility list, in accordance with Civil Service Rule 1.04(F) (see Attachment 5).
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Page 2
In the letter from Adams, Ferrone & Ferrone, Attorney Stuart Adams provides for two ways in which he
feels did not test Mr. Acosta’s ability to fulfill the requirements of the position:
First, the radio system Acosta was expected to use during the evaluation was not a
system used by the Chula Vista Fire Department. Candidates were given a few minutes
to familiarize themselves with the system before the evaluation began. The effective use
of a system not used by the department does not test the ability to fulfill the requirements
of the position being tested for.
Second, the Chula Vista Fire Department does not have a SOG for a three-story
apartment complex. Therefore, using this scenario does not test the ability to apply the
appropriate steps as set forth by department policies and SOGs. Additionally, without a
SOG as a set standard, grading is left to the evaluator’s purely subjective interpretation.
The City’s response to these points are noted below:
Point #1 (Radio System)
As a component of both COVID-19 precautions and to limit the logistical/security of the Fire Battalion
Chief process, a two-way headset system was utilized for the operational simulation portion of the exam.
The operational simulation was developed to include pre-recorded video and audio prompts displayed
on three separate television monitors. At the completion of the pre-recorded video and audio, the
candidates utilized the headset system to communicate to role players who simulated incoming and at
scene fire apparatus. This same headset system was utilized for the 2020 Fire Captain Examination.
The headset system is similar to that used by youth, high school, and collegiate coaching staff for
communications during games. Additionally, this system has been used in the fire service by for-profit
fire simulation preparation companies. The headset system was monitored by the evaluators and role
players allowing for spoken word to be heard via either of the two channels (O and X) and via a third
channel (ALL).
Evaluators and Operations Deputy Fire Chief Rick Ballard were in same room with candidates and able
to hear the spoken word of the candidate regardless of use of the headset system. Evaluators and
Deputy Fire Chief Ballard were also able to hear via a speaker system ALL transmissions via the
candidate and role players.
No score or rating differentiation was based on the candidates use of the headset system.
Point #2 (SOG for Three-Story Apartment Complex
Chula Vista Fire Department Standard Operating Guidelines (SOGs) employ a variety of strategic and
tactical practices that are implemented in an emergency incident to confine and mitigate an emergency
scene for the purpose of preserving life, property and the environment. There are not SOGs for every
emergency incident that fire departments respond. SOGs provide a general framework for personnel to
operate from when operating in the emergency scene and/or managing the operation. Simply stated,
SOGs are guidelines to assist in the organization and decision-making process.
While it is true that Chula Vista Fire Department does not have an SOG specifically for a three-story
apartment complex, it does have the following SOGs that are related to the incident management of this
type of structure fire:
• Staging Levels
• Staging Manager
• Standard Company Operations
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Page 3
• Criterial for Requesting an Investigator
• Fireground Factors
• Tactical Priorities General
• Tactical Priorities Rescue
• Tactical Priorities Offensive Fire Control
• Tactical Priorities Defensive Fire Control
• Tactical Priorities Apparatus Placement
• Tactical Priorities Tactical Support Activities
• Tactical Priorities Additional Resources
• Building Identification
• American Red Cross Notification
• Roof Operations
• Incident Stress Management
• Incident Documentation
• Radio Reports
• PIO, Code “N”, and Media Notifications
The above SOGs along with additional resources that were recommended include:
• Chief Officer. IFSTA, 4th Edition (2019)
• Fire and Emergency Services Company Officer. IFSTA, 6th Edition (2019)
The expectation of an incident commander is to be responsible for all aspects of an emergency response.
Using the above resources, a candidate should be able to quickly develop incident objectives to manage
incident operations. This requires knowledge of all SOGs and the ability to specifically prioritize which
aspects to employ as the incident commander based on the conditions presented by each situation.
Developing strategy and directing task-based operations using aspects of departmental SOGs is
imperative to meeting the standards expected of a Fire Battalion Chief.
It is important to note that three-story multi-family residential structures have been used as a simulation
building for several Fire Battalion Chief exams.
Lastly, with respect to their statement, “Without a SOG as a set standard, grading is left to the evaluator’s
purely subjective interpretation” that is not the case. Evaluators are provided with specific instructions
and a rating sheet that identifies criteria by which candidates are scored. Evaluators also discuss,
amongst themselves, their observations based on criteria (developed by the Fire Department’s Training
Division and Human Resources) identified to ensure that these observations and assessments do not
significantly deviate from one another. Again, evaluators for the Operational Simulation Exercise
determined that Mr. Acosta had failed the exercise, receiving 330 points (out of a possible 700 points) or
47%.
For these reasons, Acosta was properly disqualified and the City asks that its decision be upheld.
Attachments:
1. Letter to the Civil Service Commission from Adams, Ferrone & Ferrone dated August 27, 2021
2. Job Posting for Fire Battalion Chief Recruitment #21551104P
3. Fire Battalion Chief Fact Sheet
4. Civil Service Rule 1.04(F)
5. Email Notification to David Acosta dated July 29, 2021
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Serving Public Safety throughout California with offices in Los Angeles, Long Beach, Orange County and San Diego.
VIA ELECTRONIC AND U.S. MAIL
August 27, 2021
Chula Vista Civil Service Commission
C/O City Clerk
City of Chula Vista
276 Fourth Avenue, Building A
Chula Vista, California 91910
cityclerk@chulavista.gov
cchase@chulavistaca.gov
shaskins@chulavistaca.gov
Dear Civil Service Commission:
In accordance with section 1.04 (Examinations) of the Chula Vista Civil Service Rules, the following is
a written objection to the results of the July 2021 Chula Vista Fire Department Battalion Chief promotion exam.
Section J. of 1.04 allows for review of an examination matter if a written objection is received within 30
days. An objection is limited to claims that civil service rules or city policies or procedures were not followed in
making the decision.
Dave Acosta (“Acosta”) was a candidate in the Battalion Chief promotional exam process. The exam is
broken up into multiple parts. One portion of the exam is a practical application section where candidates are
expected to act out a real-world situation in accordance with department policies and standard operating
guidelines (SOG). The scenario chosen for evaluation was the candidate’s radio coordination of a fire response
at a three-story apartment complex. Candidates are then graded on a points scale. Acosta was not given a
passing score on this section despite satisfactory scores on all other sections.
Civil Service Rules Section 1.04 Section E. Examination Content: States that the “Examinations will test
the ability of each applicant to fulfill the requirements of the position to which he or she seeks to be appointed.”
The practical application did not test Acosta’s ability to fulfill the requirements of the position of a battalion
chief for the Chula Vista Fire Department in two ways.
Attachment 1
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Civil Service Commission
August 27, 2021
Page 2
First, the radio system Acosta was expected to use during the evaluation was not a system used by the
Chula Vista Fire Department. Candidates were given a few minutes to familiarize themselves with the system
before the evaluation began. The effective use of a system not used by the department does not test the ability to
fulfill the requirements of the position being tested for.
Second, the Chula Vista Fire Department does not have a SOG for a three-story apartment complex.
Therefore, using this scenario does not test the ability to apply the appropriate steps as set forth by department
policies and SOGs. Additionally, without a SOG as a set standard, grading is left to the evaluator’s purely
subjective interpretation.
The requirement to use equipment that is not used in the field and the choice to use a scenario that does
not allow for the evaluation of the application of Chula Vista SOGs violates Section E as it does not test the
abilities expected of a Chula Vista Battalion Chief.
Therefore, it is asked that Civil Service Commission rectify the improper decision by allowing Acosta to
retake a revised practical portion of the examination that tests his ability to apply the department’s standards in
a real-life scenario using equipment that he would actually use as a Chula Vista battalion chief.
Very truly yours,
//s//
Stuart D. Adams
Attorney at Law
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Attachment 2
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Page 1 of 4
The purpose of this fact sheet is to provide the following information for
prospective Fire Battalion Chief applicants:
• Recruitment Timeline
• Minimum Qualifications
• Examination Components and Weights
o Assessment Center
o Written Exam
Recruitment Timeline
Application Period : Recruitment will open on April 20, 2021. Applicants must submit
a City Application and Supplemental Questionnaire by 5:00 p.m. on May 4, 2021.
Applications are accepted online at www.chulavistaca.gov/departments/human-
resources. For assistance in completing the online application, please contact
Human Resources.
Written Exam: The written exam is scheduled for 8:00 a.m., July 19, 2021 at the City
Hall Complex, Bldg C (Rooms B111/B112). Applicant must pass the written exam to
be invited to the assessment events.
Assessment Center Events: Test events for the assessment center are tentatively
scheduled for the week of July 19, 2021. Applicant must pass all components of the
assessment events to be placed on the eligibility list.
Final Results: Results will be released via e-mail the week of July 26, 2021. Results will
have the applicant’s scores in each examination component, the overall score
and eligibility ranking.
2021 FIRE BATTALION CHIEF
Exam 21551104P
Attachment 3
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Page 2 of 4
Minimum Qualifications
Any combination of experience and training that would likely provide the
required knowledge and abilities.
• Six years of sworn fire service experience which includes at least three years
of experience as a Fire Captain and a Bachelor's degree in fire science or
related field from an accredited college or university; or
• Seven years of sworn fire service experience, which includes at least three
years of experience as a Fire Captain and an Associate's degree in fire
science or related field from an accredited college or university; or
• Nine years of sworn fire service experience, which includes at least three
years of experience as a Fire Captain and 15 units of Fire
Science/Technology coursework from an accredited college or university.
Certificates/Licenses: Possession of a valid California Class C (or higher) driver's license
and an acceptable driving record at time of hire, which must be maintained
throughout employment.
• Possession of a current Emergency Medical Technician-1 certificate. Must
maintain the required hours of continued education credits every two years.
• Attendance verification of 2021 RT-130 via Training Division Staff
• Possession of ICS 300
• Possession of Rescue Systems I certification
• Possession of the California Fire Service Training and Education Systems
(CFSTES) Chief Officer certificate. (Desirable)
• Possession of Fire Operations in the Wildland and Wildland/Urban
Interface (S-215). (Desirable)
• Possession of All Hazards Strike Team / Task Force Leader – Engine (AH-
330). (Desirable)
• Possession of a Center for Public Safety Excellence "Fire Officer" (FO). (Desirable)
• Possession of Intermediate Wildland Fire Behavior (S-290). (Desirable)
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Page 3 of 4
Examination Components and Weights
Assessment Center Events
Operational Simulation Exercise 40%
Technical/Promotional Oral Interview and Written Exercise 45%
Written Exam* 15%
Total 100%
The weights were determined by the Deputy Chief of Operations and the CVFD
Training Division based on the assessments of the required knowledge, skills, and
abilities required of the Fire Battalion Chief position.
*Written Exam
The questions for the written exam will be obtained from the following sources:
o Chief Officer. IFSTA, 4th Edition (2019)
Chapters 1-10
o Fire and Emergency Services Company Officer. IFSTA, 6th Edition (2019)
Chapters 2, 3, 5, 6, 8, 10, 11, 12, 13, 15, 16
o Firescope California: Fire Service Field Operations Guide, ICS 420-1.
Incident Command System Publication (2017)
Chapters 1 - 23
o Pocket Guide to the Firefighters Procedural Bill of Rights Act. California
Public Employee Relations, 5th Edition (2019)
Chapters 3 – 6, 8
The written exam will have 100 items in multiple-choice format with 4 response
alternatives. All questions will be given equal weight, i.e. 1 point for each correct
response. Applicants will be provided 2 hours to complete the exam.
A score of 70 or better must be achieved on the written exam to be eligible for
placement on the eligibility list.
The written exam materials for this recruitment are validated, copyrighted and/or
inappropriate for review.
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Page 4 of 4
Questions during the recruitment process
Any questions during the recruitment process may be directed to:
Fire Department
Rick Ballard
Deputy Fire Chief – Operations
Rballard@chulavistaca.gov | (619) 409-5836
Sean Lowery
Battalion Chief - Training Division
SLowery@chulavistaca.gov | (619) 409-5969
Human Resources
Linette Abille
Senior HR Analyst
Labille@chulavistaca.gov | (619) 409-5926
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10
minimum qualifications for taking closed promotional examinations.
D. SPECIAL EXAMINERS
The Director of Human Resources may designate and appoint special examiners to
conduct any part of an examination.
E. EXAMINATION CONTENT
Examinations will test the ability of each applicant to fulfill the requirements of the position
to which he or she seeks to be appointed. Examinations may also include, but are not
limited to, tests of physical qualifications or manual skills.
F. EXAMINATION GRADES
Unless otherwise provided in notices published prior to holding the examination,
applicants shall be graded on a scale in which 100 is the highest grade that can be
expected and 70 is the lowest acceptable grade. Deviations from this grading scale may
be established by announcing the different required minimum grade in the examination
notice. Deviations designated by the Director of Human Resources may provide for a
minimum grade in any part of the examination that would permit an applicant who scores
below that grade to be disqualified from the remainder of the examination.
In examinations composed of several tests graded independently, the grade of each test
will be added together to determine the overall grade for placement on the eligibility list.
Applicants must pass each test component with a passing score to be placed on an
eligibility list, unless otherwise noted.
G. NOTICE OF RESULTS OF EXAMINATIONS
When the rating of an examination has been completed and the eligibility list established,
applicants will be notified by mail or electronic mail of the result of their examination.
When an applicant has been successful, results will include the applicant’s final grade
and position on the eligibility list.
H. APPEAL
Within five (5) calendar days after receiving notice of the result of his/her examination,
any candidate may review his/her examination papers. If in such review errors are
discovered in the application of the answer key to his/her answers in the examination,
the rating of the candidate may be adjusted accordingly by the Director of Human
Resources. If the examination is validated, copy-righted or for some other reason
inappropriate for review, the Director of Human Resources may waive the five-
Attachment 4
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July 29, 2021
David Acosta
Dear David:
Thank you for participating in the promotional recruitment process for the position of
Fire Battalion Chief (Recruitment # 21551104P).
Your scores for each evaluation step are as follows:
40% Operational Simulations: 47
45% Technical Oral Board & Written Assessment: 72
15% Written Examination: 77
A passing score of 70 or better must be achieved on each of the individual evaluation
steps to be eligible for placement on the eligibility list (in accordance with Civil
Service Rule 1.04F).
The time and effort you expended in the recruitment process is greatly appreciated. I
wish you every success in your future career endeavors.
Sincerely,
Linette Abille
Senior Human Resources Analyst
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