CAMPBELL Results of test for fire chief remain sealed

The validity of the chief's position has been mired in three separate court battles.
CAMPBELL -- The results of a test that will determine the city's next fire chief will remain sealed until a Mahoning County common pleas judge can determine who had the right to take the test.
City officials said four men took the test Thursday: Chief David Horvath, captains Nick Hrelec and Gene Skelley and Firefighter Greg Rosile.
Usually, only captains are permitted to take the chief's test, but in a ruling Tuesday, Judge Robert G. Lisotto ordered that Rosile be allowed to take the test. He also ruled that the results be sealed pending further order.
The judge has yet to determine if Rosile had legal right to take the test, said City Law Director Brian J. Macala.
Rosile filed a complaint this week asking that Lisotto order the city to allow him to take the test. In the complaint, Rosile's attorney says he was twice denied the right to be promoted to captain and, if not for that, he would now be a captain eligible for promotion to chief.
Macala said lawyers for the city, Horvath and Hrelec will argue against Rosile's motion.
In 1997, Rosile was passed over for a promotion to captain, even though he had scored highest on a captain's test administered at that time, the court document shows. Skelley was promoted to the position instead, based on rules that allowed then-mayor George Tablack to appoint a captain from one of the test's two highest scorers, Macala said.
Rosile was again denied a promotion when a captain retired in 1999 and the city abolished the position instead of filling it, the court document says.
Controversy: The history of the chief's position has been in controversy since 1996, when then-chief Roy Stanfar suffered a heart attack. Horvath was appointed to the position that year, by Tablack, after Stanfar was terminated.
The validity of Horvath's appointment has been questioned. After several court rulings, the 7th District Court of Appeals ruled earlier this fall that Horvath was improperly promoted and ordered that the city's Civil Service Commission administer the chief's test to determine who the chief should be. Its decision supported a 1998 magistrate's decision that had been overturned by Lisotto. The city chose not to appeal that decision, Macala said, and the test was given.
A third issue has been whether Skelley could take the chief's test, Macala explained. Captains must hold their rank for two years before they are eligible for promotion to chief.
Eligibility issue: Hrelec has questioned whether Skelley, who was promoted in 1997, meets the criteria. Because the original magistrate's ruling ordering a retest came in 1998, Hrelec has argued that Skelley is not eligible. The city argues that the Appellate Court ruling came this year, when Skelley had reached eligibility.
Macala said he hopes Lisotto will address this issue when he considers the validity of Rosile's test.
The Civil Service Commission also administered a captain's test this week, and tests will be graded and scores released next week after a seven-day waiting period, said the commission's clerk, Judy Clement. Six firefighters took the test, including Rosile. There are no current openings for a captain's position.