Section 23493.2 - Transfers; temporarily filling vacancy; driving assignments(a) Whenever in the competitive class of any bureau of fire a vacancy of equal rank shall occur in another company, the vacancy shall be filled by transferring the person with the longest period of service within the bureau of fire who requests such transfer. Notice of any such vacancy to be filled shall be prominently posted at all fire stations within five days after the occurrence of the vacancy, and any person desiring such transfer shall submit a written request therefor within ten days of the posting. A vacancy may be temporarily filled for a period not to exceed fifteen days. In the event that no person requests such transfer as above set forth, the vacancy may be permanently filled at the discretion of the appointing authority of the bureau of fire. Driving assignments within a company shall be made on the basis of seniority within that company.
Engine and truck companies housed together shall be considered to be one company except where an engine company and a truck company with the same numbers are bound together in which case they shall be considered one company and the other company housed in the same facility shall be another company. Squad companies and elevated platforms shall be separate companies.
No such transfer or driving assignment shall be denied the person entitled thereto by reason of seniority unless such person is found to be unable to perform the necessary duties. The denial of any such transfer or driving assignment shall be in writing, and shall state the reasons therefor.
(b) Any person who is denied a transfer or who is denied a driving assignment to which he is entitled under subsection (a) of this section shall, upon written request, be granted a public hearing before the Civil Service Commission.1939, June 27, P.L. 1207, § 3.2, added 1963, July 3, P.L. 186, § 2. Amended 1976, Feb. 26, P.L. 30, No. 15, imd. effective.