HomeMy WebLinkAbout500.011 - Probation Municipal Code ReferencesEffective Date: April 2015 Manuel Graves, Civilian Training Officer
Current Revision Date: 11/29/2023 Section 500.011
Next Revision (1) Date: 11/29/2025 Page 1 of 5
Fresno City Fire Department
500 Firefighter Trainee Manual
SECTION 500.011 PROBATION MUNICIPAL CODE REFERENCES
PURPOSE
The purpose for this policy is to comply with the Fresno Municipal Code during a
firefighter trainee’s probationary period while in an academy and on probation.
APPLICATION
The following language is from the Fresno Municipal Code which defines provisions
and descriptions relating to a firefighter trainee class, including probation, and
termination.
OPERATIONAL POLICY
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OPERATIONAL GUIDELINE
These listings are used for reference. Instructors should understand the basics of
these codes. If further information is needed, refer to the specific code section in its
entirety. To assure accurate interpretation, seek City legal advice. In the event a
firefighter trainee or probationary firefighter must be released from employment, seek
the advice of the Department Personnel Chief and City Personnel Services
Department to ensure appropriate steps are followed. The process should be handled
by the Personnel Chief and will require proper documentation.
PROCESS
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INFORMATION
1. SEC. 3-264. - SPECIAL PROVISIONS RELATING TO FIREFIGHTER
TRAINEE CLASS:
Effective Date: April 2015 Manuel Graves Civilian Training Officer
Current Revision Date: 11/292023 Section 500.011
Next Revision (1) Date: 11/29/2025 Page 2 of 5
a. Notwithstanding any other provision of this Code, whenever the
class of Firefighter Trainee is created, the selection and
appointment of persons to positions in the class, the tenure of
employees in such positions, and their entitlement to employee
benefits, shall be governed by this section.
b. The class of Firefighter Trainee is a class created for the special
purpose of providing an interim training class leading to ultimate
appointment to the class of Firefighter. Subject to the limitation
in subsection (e) on duration of service in the position, each
position in the Firefighter Trainee class shall be deemed a full-
time permanent position in the classified service in all respects,
including membership in the Fire and Police Retirement System,
except as otherwise provided in this section.
c. Certification and appointment to positions in the Firefighter
Trainee class shall be made only from an existing eligible list for
the class of Firefighter. Whenever a vacancy exists in one or
more positions in the Firefighter Trainee class the appointing
authority may select and request certification for appointment of
the names of one or more eligibles on such list, without regard to
their relative standing on the list. This subsection shall not be
deemed to preclude the filling of any Firefighter Trainee vacancy
by transfer thereto of an employee who has qualified for such
transfer under 3-261.
d. Persons appointed to positions in the Firefighter Trainee class
shall be subject to the probationary service requirements in this
article; provided, that at any time after such appointment the
appointing authority may appoint any Firefighter Trainee to a
vacant position in the Firefighter class whenever he finds from a
review and evaluation of the employee's service record that his
performance merits such appointment. Employees so appointed
to positions in the Firefighter class shall serve the same
probationary period, and subject to the same conditions of
probation, as required of other appointees to the Firefighter class.
e. The name of a Firefighter Trainee who is terminated during his
probationary period shall not be restored to the eligible list from
which he was appointed or to any other eligible list. If a Firefighter
Trainee is not terminated during probation, the Firefighter Trainee
shall attain permanent status and shall be entitled to
appointment, in the order of attainment of permanent status, to
the first available vacant position in the Firefighter class,
notwithstanding the existence of an eligible list for, or employees
qualified under Section 3-261 for transfer to, such class. (Added
Effective Date: April 2015 Manuel Graves Civilian Training Officer
Current Revision Date: 11/292023 Section 500.011
Next Revision (1) Date: 11/29/2025 Page 3 of 5
Ord. 74-37, § 1, eff. 4-21-74; Am. Ord. 76-26, § 2, eff. 4-25-76;
Am. Ord. 78-40, § 2, eff. 4-14-78; Am. Ord. 2017-68, § 1, eff. 1-
18-18).
2. Fresno Municipal Code (FMC), Section 3-272 Probationary Period:
a. Except as otherwise provided in this section, all employees
appointed to permanent positions in the classified service are
subject to a probationary period of one year, or such lesser
period as may be designated by resolution of the Council for
employees appointed, on or after July 1, 1974, to permanent
positions in classes specified in such resolution.
b. The appointment of any person on a reinstatement list to the
position in which he held permanent status immediately prior to
his placement on such list shall not be subject to a probationary
period; nor shall the appointment of any person from a
reinstatement list to a position in the same department and
having the same class title as that held by him immediately prior
to his placement on such list be subject to a probationary period.
c. The probationary period for any person appointed to a part-time
permanent position or to an intermittent position shall be for a
period of actual service equal to the probationary period
established for a full-time permanent position in the same class.
The purpose of this subsection, a probationary period of one
year shall equal 2080 hours of work, not including overtime, and
a probationary period of six months shall equal 1040 hours of
work, not including overtime.
d. The probationary period shall be an essential part of the
examination process and shall be used for the effective
adjustment of the employee and for the elimination of any
probationary employee whose performance fails to meet the
required standard of work. Time spent on any leave of absence,
or time during which an employee is unable to perform the full
range of duties due to injury or illness whether or not job-related,
shall not be considered as a part of any probationary period, and
such time will be added to the probationary period. (Rep. and
Added Ord. 6128, 1962, based on former Sec. 2-1639; Am. Ord.
72-20, 1972; Am. Ord. 74-68, § 1, eff. 8-26-74; Am. Ord. 82-99,
§ 14, eff. 10-15-82; Am. Ord. 83-92, § 1, eff. 7-22-83).
3. Fresno Municipal Code (FMC), Section 3-273, Termination of Probationer
during Probationary Period:
Effective Date: April 2015 Manuel Graves Civilian Training Officer
Current Revision Date: 11/292023 Section 500.011
Next Revision (1) Date: 11/29/2025 Page 4 of 5
Any probationary employee may be terminated by the appointing
authority during the probationary period for reasons related to such
employee's qualifications or the good of the service, or for failure to
demonstrate merit, efficiency, fitness, or moral responsibility. Notice of
such action, accompanied by the statement of the specific reasons
therefor, shall be approved by the Chief Administrative Officer and filed
by the appointing authority with the Director, and a copy shall be served
upon such employee. (Rep. and Added Ord. 6128, 1962, based on
former Sec. 2-1640).
4. Fresno Municipal Code (FMC), Section 3-275, Effect of Termination During
Probationary Period:
a. The name of a terminated probationary employee shall not be
restored to any list unless he was appointed from a reinstatement
list in which case his name shall be restored to such list in the
place to which he would be entitled if the termination were an
original layoff, or, if the sole reason for the termination is that the
position has been abolished or a decision made not to fill the
position, the terminated employee's name shall be restored to its
former place on the eligible list from which he was appointed, if
such eligible list has not expired.
b. A probationary employee who is terminated for any reason, and
who, immediately prior to his appointment to the position, held
permanent status in a position in another class in the city service,
shall have the right to resume his permanent status in such
former position if the appointing authority for such former position
gives his written consent thereto, and provided that such former
position has not been abolished and is either vacant or
temporarily filled by a provisional appointee; otherwise he shall
be placed, at his request, on the reinstatement list for the class of
such former position as if he, as of the date of his probationary
termination, had been laid off from such former position. Election
to resume his former position, or to be placed on the
reinstatement list, as the case may be made by the employee
within ten calendar days after notice is given to him of his
termination, which notice shall advise him of his rights under this
subsection. Notwithstanding the foregoing, if the termination is
from a promotive position, the employee shall resume the
position from which he was promoted, but if such former position
shall have been abolished: his name shall be placed on the
reinstatement list for the class of such former position. (Rep. and
Added Ord. 6128, 1962, based on former Secs. 2-1642 and 2-
1644; Am. Ord. 73-116, § 17, eff. 9-2-73).
Effective Date: April 2015 Manuel Graves Civilian Training Officer
Current Revision Date: 11/292023 Section 500.011
Next Revision (1) Date: 11/29/2025 Page 5 of 5
DEFINITIONS
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CROSS REFERENCES
Fresno Municipal Code Chapter 3, City Personnel, Article 2, Civil Service
Regulations 3-264, Special provisions Relating to Firefighter Trainee Class