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HomeMy WebLinkAbout1976-09 06-28 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 76 - 9 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATIVE TO THE BROOKLYN CENTER FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended by the repeal of the following: [Section 5 -101. ESTABLISHMENT AND CONTINUATION. Pursuant to Section 6.02 and 6.03 of the City Charter, the Brooklyn Center City Council, in order to protect the lives and property and to promote the general health, safety and welfare of its citizens, does hereby establish a department of City government to be known as the Brooklyn Center Volunteer Fire Department. The personnel roster and the present general activities of the existing Volunteer Fire Department, insofar as they do not conflict with the provisions of this ordinance, are hereby authorized, approved and continued.] [Section 5 -102. PERSONNEL. a. Classification and Complement. Fire Department personnel shall be classified as probationary firemen, regular firemen and officers. The complement of the department shall consist of not more than 40 regular firemen, including officers. b. Officers. Line officers and the Fire Marshal shall be selected from the ranks of regular firemen. The Fire Department of the City of Brooklyn Center shall have the following classifications of line officers: Fire Chief, Assistant Fire Chief, District Chiefs, Captains, and such other officers as may be deemed necessary. c. Appointment of Personnel. Appointment of probationary firemen shall be made by the City Manager after consideration of the recommendations of the Fire Department and the Fire Chief. Appointments of regular fire- men shall be made from the complement of probationary firemen by the City Manager, after consideration of the recommendations of the Fire Department and the Fire Chief. Any resident of the City of Brooklyn Center between 21 and 35 years of age who meets established standards shall be eligible for appointment to the Fire Department. ORDINANCE NO. 76 -9 a d. Residency. All firemen shall be residents of the City of Brooklyn Center unless otherwise recommended by the Fire Chief and approved by the City Manager. e. Retirement Provisions. All personnel under age 60 who are members of the Brooklyn Center Fire Department on the effective date of this ordinance shall retire from the Department prior to reaching the age of 60 years. Those members of the Department who are 60 or more years of age on the effective date of this ordinance shall retire from the Department on the effective date of this ordinance. Anyone who becomes a member of the Brooklyn Center Fire Depart- ment after the effective date of this ordinance shall retire from the Department prior to reaching the age of 56 years, except that the City Manager may extend the membership of members beyond age 56 if such extension is deemed to be in the best interests of the City of Brooklyn Center. f. Probationary Period. Any person appointed as a probationary fireman shall serve a probationary period of at least six months duration. g. Suspension, Demotion or Discharge. Any person serving as a probationary fireman may be discharged from the rolls of the Fire Department without recourse. Any regular fireman or officer of the Department may be disciplined by suspension, demotion or discharge from Fire Department duty by the City Manager. Recommendation to the City Manager for disciplinary action may be initiated by the Fire Chief and /or a duly constituted board of department members. A department member may within 72 hours after receiving written notice of disciplinary action, request in writing to personally present his case before said board whereupon said board shall issue its recommen- dation on the matter to the City Manager for his consideration. h. Selection of Officers. The Fire Chief, Assistant Chief and Fire Marshal shall be appointed by the City Manager for a term of four (4) years upon receiving and considering the recommendation of the Fire Department. The other line officers shall be appointed by the City Manager for a term of two years upon receiving and considering the recommendation of the Fire Department.) ORDINANCE NO. 76 - 9 • [Section 5 -103. DUTIES OF THE FIRE CHIEF. a. Direction of Department Personnel. The Fire Chief shall supervise and direct all personnel of the Fire Department and shall be responsible for establishing and enforcing rules of conduct for department personnel. b. Keeping of Equipment. The Fire Chief shall have control over all of the equipment and apparatus maintained by the Fire Department, and shall be responsible for the care and condition of the equipment. In addition, the Fire Chief shall be responsible for the care and condition of the fire stations. c. Annual Report and Budget. The Fire Chief shall make an annual report to the City Manager setting forth the activities of the Fire Depart- ment during the year preceding the report. In addition, he shall prepare a budget setting forth the anticipated need of the Department for the ensuing year. The Fire Chief shall also submit such additional reports and recommendations as the City Manager may from time to time request. d. Training and Drills. The Fire Chief shall be responsible for the proper training of the members of the Department and he shall schedule at least 4 hours of drills per month and shall give the members instructions in approved methods of fire fighting and fire prevention. e. Keeping of Records. The Fire Chief shall keep in convenient form a complete record of all fires. Such forms shall include the time of 'the alarm, location of the fire, cause of the fire (if known) , type of building, name of owner and tenant, purpose for which occupied, estimated loss or damage, names of firemen responding to the alarm, and such other information as he may deem advisable or as may be required from time to time by the City Manager or State Department of Insurance.] . [Section 5 -104. DUTIES OF OTHER OFFICERS. a. Assistant Fire Chief. It shall be the duty of the Assistant Fire Chief, in the absence of the Fire Chief, to perform all the functions and exercise all of the authority of the Fire Chief. In addition, he shall perform such other duties as may be delegated or assigned by the Fire Chief. b. Fire Marshal. The Fire Marshal shall be in charge of the Bureau of Fire Prevention and he shall be responsible to the Fire Chief for the operations of the Bureau, for the enforcement of the Fire Prevention Code, and for the enforcement of all ordinances and laws related to fire prevention and safety. ORDINANCE NO. 76 -9 c. District Chiefs and Captains. The District Chiefs and Captains . shall have responsibilities and shall perform such duties as may be delegated or assigned by the Fire Chief.] [Section 5 -202. 3. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause.] Section 2. Chapter 5 of the City Ordinances are amended by the addition of the following: Section 5 -100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a Volunteer Fire Department comprised of part-time members. Section 5 -101. ESTABLISHMENT AND CONTINUATION. Pursuant to the Charter of the Citv of Brooklvn Center. in order to prevent and suppress fires, to Protect lives and property within the Citv, and to promote the health, safety and . welfare of its citizens, 'the Citv Council of the Citv of Brooklyn Center hereby continues and establishes a Department of Citv Government known as the Brooklyn Center Volunteer Fire Department. Presentiv existing appointments of all Fire Department personnel shall remain in full force and effect. Section 5 -102. DEFINITIONS AND GENERAL PROVISIONS. (a) Firefighter: The term Firefighter shall include all members of the Fire Department. (b) Residency: All Firefighters shall reside within the City. (c) Age Limitation: All Firefighters must be 18 years of age or older. (d) Retirement: Firefighters shall retire at age 56, provided, however, - that Firefighters who were members of the Fire Department on Tune 1, 1967, may serve until age 60. I� ORDINANCE NO. 7 -9 • (e) Complement: The Complement of the Fire Department shall consist of not more than 40 Firefighters, which number may be altered by Resolution of the City Council, upon recom- mendation of the Fire Chief. The Complement does not include Probationary Firefighters, the number of which is within the discretion of the Fire Chief. _Eire Chief: A Volunteer Firefighter chosen to act as head of the Fire Department. (g) Aqqrieved Person: The Firefighter affected by an appointment, reiection, suspension, demotion, discharge or other action of the City Manager from which an appeal is provided. (h) Oral Interview Report, The written summary of a discussion of Job- relate subject matter, uniforml conducted with all applicants, resulting in a composite numerical score which shall receive no more than 60% weiaht in the appointment or approval. (i) Personnel Report: A compilation of iob- related performance standards includina length of service. number of meetinas , drills and fire calls attended. hours of fire trainina and education disciplinary actions, commendations, service awards. and other similar performance standards, resulting in a composite numerical score which shall receive no more than 60% weiaht in the appoint- ment or approval. 0) Peer Evaluation Report: A Report assessina those personal dualities related to the successful performance of the iob for which the applicant is beina considered, resultina in a composite numerical score which shall receive no more than 20% weiaht in the appointment or approval. (k) Fact Findinq Hearina: A hearing before the Citv Council designed to establish the facts underlvina a iudament or decision. (1) Classification: Fire Department members shall be classified as Probationary Firefighters, Regular Firefighters, Inspectors and Officers . (m) Officers: Fire Department Officers shall consist of a Fire Chief, an Assistant Fire Chief, one or more District Chiefs and Captains a Fire Marshal and such other officers deemed necessary by the Fire Chief, all of whom shall be Reqular Firefighters. Z ORDINANCE NO. 76 -9 • (n) Determination of Merit and Fitness: The appointment procedures set forth herein shall determine merit and fitness and shall be the exclusive procedures for that purpose. (o) Criteria of Merit and Fitness: The subject matter covered in Oral Interview, Personnel Report and Peer Evaluation shall be compiled by the Fire Department with the assistance of the City's Administrative Assistant for Personnel and shall be included in the Bylaws of the Fire Department. The said subject matter and the procedures for appointment, promotion, discipline, suspension and removal shall comply with State and Federal Equal Employment Opportunity Laws and Regulations. Section 5 -103. PROBATIONARY FIREFIGHTERS. Probationary Firefighters shall be appointed and described by the following: (a) Recruitment: When the Fire Chief shall determine that additional Probationary Firefighters are required, and the number so required, the Fire Chief shall cause public notice thereof to be posted at five public places • throughout the City and published in the official newspaper of the City, said posting and publishing to continue for three consecutive weeks. In addition thereto, the Fire Chief, with the aid of the City's Administrative Assistant for Personnel shall develop and implement an affirmative action program designed to bring these employment opportunities to the attention of all citizens of Brooklyn Center, including minorities and women, in accordance with the Minnesota Human Rights Act and the Regulations of the Equal Emplovment Opportunity Commission. (b) Testing of Applicants: Applicants for Probationary Firefighters shall satisfactorily pass a physical exam. (c) Oral Interview Report and Personnel Report: Pursuant to Bylaws governing the internal affairs of the Fire Department, the Fire Department shall conduct with each applicant, job - related personal interviews and investigations and shall prepare a written Personnel Report and an Oral Interview Report based thereon, which set forth objective statements of the applicant's job - related qualifications or lack thereof and which may a ranking of all applicants in order of preference. I 3 ORDINANCE NO. 76 -9 a (d) Appointment of Probationary Firefighters: The Oral Interview Report and the Personnel Report shall be forwarded to the Fire Chief who shall appoint or reject the applicants within 30 days upon the basis of merit and fitness, notifying the City Manager of the decision. The Fire Chief shall forward the Oral Interview Reports and Personnel Reports to the City Manager who shall approve or reject the appoint- ments within 30 days upon the basis of merit and fitness, notifying the Fire Chief of the decision. The Fire Chief shall so notify each applicant in writing. (e) Appeal: Any person aggrieved by the City Manager's approval or rejection may, within 10 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. (f) Duties: The duties of Probationary Firefighters shall be the training for and execution of fire suppression and prevention activities under the direction of the Fire Department as pre- scribed by the Fire Chief. Section 5 -104. REGULAR FIREFIGHTERS. • Regular Firefighters shall be appointed and described as follows: (a) Recruitment: Regular Firefighters shall be appointed from the cadre of Probationary Firefighters with more than 6 months service. When the Fire Chief shall determine that additional regular Firefighters are re- quired to fill the authorized Complement, and shall determine the number so required, the Fire Chief shall give personal notice thereof to each Probationary Fire- fighter with more than 6 months service. Such Probationary Firefighters wishinq to make application for appointment to the position of Regular Firefighter shall so notify the Fire Chief within 20 days of such notice. (b) Or al Interview Report and Personnel Report: Pursuant to the Bylaws governing the internal affairs of the Fire Department, the Fire Department shall conduct with each applicant, job - related interviews and investigations and the Fire Department shall prepare an Oral Interview Report and a written Supplemental Personnel Report based thereon, which sets forth objective state- ments of the applicant's job - related qualifications or lack thereof and which may contain a ranking of applicants in order of preference. ORDINANCE NO. 76 -9 (c) Appointment of Reaular Firefighters: The Oral Interview Report and the Supplemental Personnel Report shall be for- warded to the Fire Chief who shall reiect or appoint the applicants within 30 days , upon the basis of merit and fitness notifvina the Citv Manager of the decision. The Fire Chief shall forward the Oral Interview Reports and Personnel Reports to the Citv Manaaer who shall approve or reiect the appointments wj,;thin 30 devs i_i.nen the bass of merit and fitness, notifying, t},P Fir I (' hief of the decision The Fire Chief shall so notifv each applicant in writing. (d) A ppeal: Any person aggrieved by the City Manager's approval or rejection may, within 10 days of written notice of said appointment or reiection, file a notice appealing said decision 'to the City Council for a fact finding hearing. (e) Duties: The duties of the Regular Firefighters shall be the training for and execution of fire suppression and prevention activities as prescribed by the Fire Department under the direction of the Fire Chief. Section 5 -105. INSPECTORS. • (a) Eligibility: All Regular Firefighters whose Personnel Report adequately demonstrates the applicant's knowledge and proficiency in dealing with State and Local Fire Codes, fire prevention techniques and methods, drills, exercises and training methods together with such other skills, knowledge, and characteristics deemed necessary to carry out the duties of an Inspector, are eligible for duty as an Inspector. Applicants may be tested and separately qualified for fire inspection or for the conduct of drills or for exer- cises and training maneuvers, or any other specialized Duty Assignment. (b) Duty Assignments: All eligible Firefighters wishing to be assigned duty as an Inspector shall notify the Fire Chief in writing, stating whether they prefer fire inspection or the conduct of drills, exercises and training maneuvers. Eligible Firefighters shall be given duty assignments on a rotation, lottery, or random selection basis. s ORDINANCE NO. 76 -9 . (c) Limitation on Dutv Assianments: The Duty Assignments of Inspectors shall be limited by the funds authorized therefor in the Fire Department's annual budget. (d) Duties: The duties of Inspectors shall be, in addition to the duties of Regular Firefighters, the conduct of drills, exercises, and training maneuvers; and the performing of inspections as directed by the Fire Chief in accordance with the Bylaws of the internal affairs of the Fire Department. Section 5 -106. OFFICERS. (a) Eligibility: Any Regular Firefighter with a minimum of three years of service is eligible to become an Officer. (b) Duty Assignments: In accordance with the Bylaws of the internal affairs of the Fire Department, the Fire Chief shall select Officers from among the eligible Regular Firefighters and assign such duties to them as are deemed necessary. (c) D uties: The duties of Captains and District Chiefs selected by the Fire Chief from the Regular Firefighters shall be the supervising and directing of fire suppression and prevention • operations and other activities as the Fire Chief shall deem necessary. (d) Exception: This section shall govern the selection of all Officers except the Fire Marshal, the Assistant Fire Chief and the Fire Chief. Section 5 -107. ASSISTANT CHIEF AND FIRE MARSHAL. One Assistant Chief and. one Fire Marshal shall be appointed to a term of 4 years and shall be described as follows: (a) Recruitment: Any member of the Fire Department Complement having more than 6 years service as a regular fire firefighter is eligible to be appointed Assistant Chief or Fire Marshal, sub- ject to performance standards set by the Fire Department for attendance at fire calls, meetings and drills, job - related education and training qualifications, knowledge of Fire Depart- ment procedures and knowledge of applicable fire codes. • I ORDINANCE NO. 76 -9 • Xipety days before the end of a term of office of the . Assistant Chief or Fire Marshal. the Fire Chief shall post notice thereof for a period of 4 weeks at each Fire Station . Any eligible member of the Fire Department Complement wishing to make application for appointment to the position of Assistant Chief or Fire Marshal shall so notify the Fire Chief in writing within 10 days of the posting of the final notice stating the position for which application is made. (b) _Oral Interview Reports and Personnel Reports and Peer Evaluation Reports: Pursuant to Bylaws governing the internal affairs of the Fire Department. the Fire Department shall conduct with each applicant. iob- related Oral Interviews and investiaations and the Fire Department shall prepare a written Supplemental ' Personnel Report . an Oral Interview Report aDd a Peer Fvalia.ation Renort based thereon which set forth -Qbiective statements of the applicant's iob- related aualifications or lack thereof and which m ay contain a rankina of all applicants in ord ar r) preference, (c) Ap pointment of the Assistant Chief and the Fire Marshal: The Oral Interview Report, the Peer Evaluation Report and the Sup plemental Personnel Report shall be forwarded to the Fire • Chief who may further interviews either personally or by a panel of qualified persons as set forth in Section 5 -108, Paragraph (d) of this Ordinance. The Fire Chief shall appoint or reject the applicants within 30 days on the basis of merit and fitness, notifying the City Manager of the decision. The Fire Chief shall forward the Oral Interview Reports, the Peer Evaluation Reports, and the Supplemental Personnel Reports to the City Manager who shall approve or reject the appointments within 30 days upon the basis of merit and fitness, notifying the Fire Chief of the decision. Failure of the City Manager to so appoint or reject within 30 days shall constitute the City Manager's agreement to the Fire Chief's appointment. The Fire Chief shall so notify each applicant in writing. (d) A ppeal: Any person aggrieved by the City Manager's approval or rejection may, within 10 days of written notice of said appointment or rejection, file a notice appealing said decision 'to the City Council for a fact finding hearing. ORDINANCE NO. 76 -9 • (e) Duties: (1) Assistant Chief: It shall be the duty of the Assistant Chief, in the absence of the Fire Chief, to perform all functions and exercise all authority to the Fire Chief and to perform such other duties as may be deleqated or assigned by the Fire Chief. (2) Fire Marshal. The Fire Marshal shall be in charqe of the Bureau of Fire Prevention and shall be responsible for its operations, the enforcement of the Fire Prevention Code, and the enforcement of all Ordinances and Laws relatinq to Fire Prevention and Safety, toqether with such other duties as may be delegated or assigned by the Fire Chief. ,(3) Fire Prevention: The Fire Marshal shall perform the Fire Prevention duties set out in Sections 5 -202 through 5 -211 of City Ordinances and shall be responsible for the operation of the Bureau of Fire Prevention, together with all other laws, ordinances and regulations dealing with the suppression and prevention of fires. Section 5 -108. FIRE CHIEF. • One Fire Chief shall be appointed to a term of 4 years and described as follows: (a) Recruitment: Any member of the Fire Department Complement having more than 6 years service as a regular fireman is eligible to be appointed Fire Chief, subject to performance standards set by the Fire Department for attendasnce at fire calls, meetinqs and drills; job- related education and training qualifications and knowledge of Fire Department procedures and knowledge of applicable fire codes. One hundred twenty days before the end of a term of office of the Fire Chief, the Assistant Fire Chief shall post notice thereof for a period of 4 weeks at each Fire Station. Any eligible member of the Fire Department Complement wishing to make application for appointment to the position of Fire Chief shall so notify the Assistant Fire Chief in writing within 10 days of the posting of the final notice. � • ORDINANCE NO. 76 -9 • (b) Personnel Reports and Peer Evaluation Reports: Pursuant 'to Bylaws governinq the internal affairs of the Fire Department, the Fire Department shall conduct with each applicant, job - related oral interviews and investigations and the Fire Department shall Prepare a written Supplemental Personnel Report and -a Peer Evaluation Report based thereon which set forth objective statements of the Applicant's job- related qualifications or lack thereof and which contain a ranking of all applicants in order of preference . (c) Appointment of Fire Chief: The Peer Evaluation Report and the Supplemental Personnel Report shall be forwarded by the Assistant Fire Chief to the City Manager. An Oral Interview Board consisting of a Management Representative selected by the City Manager from outside the City, a Volunteer Fire Department Representative selected by the Fire Department from outside the City, in accordance with its Bylaws, and a representative appointed by the two appointees, shall be selected. The Oral Interview Board shall conduct such interviews and investigations with each applicant as it deems necessary and shall prepare a written Oral Interview Report based thereon which sets forth objective statements of the applicant's job - related qualifications or lack thereof and which shall contain a ranking of the applicants in order of preference. The Oral • Interview Report for each applicant shall be forwarded by the Oral Interview Board to the City Manager who shall reject or appoint the applicants within 30 days, upon the basis of merit and fitness, notifying the Assistant Fire Chief of the decision. The Assistant Fire Chief shall so notify each applicant in writing. Failure to so appoint or reject within 30 days shall constitute the City Manager's agreement to the Preference Ranking of the Oral Interview Board and all applicants shall be notified in writing by the Assistant Fire Chief of the appointments to the position of Fire Chief in the order of the said Preference Ranking. (d) Appeal: Any person aggrieved by the City Manager's approval or rejection may, within 10 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. • i ORDINANCE NO. 76 -9 • (e) A pproval: The City Manager shall immediately notify each member of the City Council of the appointment and shall cause to be placed on the Citv Council's agenda at its next regular meeting, - the question of the final approval of the appointee. The term of the said appointee shall commence only after final approval by the City Council. If final aDDroval does not occur before the expiration of the term of office of the incumbent Fire Chief, said encumbent shall hold office until a successor is aDDointed and given final approval by the itv Council. In any case in which an appeal is filed. said appeal shall be heard and determined before the question of 'the final approval of the appointee is considered and determined. (f) Duties: (1) Supervision of Firefighters: The Fire Chief shall supervise and direct all Firefighters and shall be res- ponsible for establishing and enforcing rules of conduct for Firefighters. (2) Keeping of Equipment: The Fire Chief shall have control over all of the equipment and apparatus maintained by the Fire Department, and shall be responsible for the care and condition of the equipment and the Fire Stations. (3) Annual Fire Department Report: The Fire Chief shall, within reasonable time after the close of the fiscal year, make an annual report to the City Manager and to 'the City Council setting forth the activities of the Fire Department during the preceding year. The' Fire Chief shall also submit such additional reports and recommendations as the Fire Chief or the City Manager may from time to time deem necessary. (4) Annual Budget Report: The Fire Chief shall annually prepare and submit to the Citv Manager a budget setting forth the anticipated needs of the Fire Department for the ensuing year. _Annual Fire Prevention Report; The Fire Chief shall annually F present to the City Manager a statement of objectives which shall define a Fire Prevention Program and which shall be responsive to the Fire Prevention goals as established by the City Council. Said statement of objectives shall include a brief explanation of each objective and the goal to which it l ORDINANCE NO. 76 -9 • con ibutes: an obiective measurement of the extent to which the obiective has been accomplished; a time schedule for the accomplishment of each objective with intermediate milestones for its final accomplishment; an estimate of the workina hours required and the costs necessitated by the accomplishment o Pach objective Upon mutual agreement between the City Manager and the Fire Chief as to the statement of objectives and the approval of funding therefor, the Fire Chief shall be responsible for assuring their accomplishment. The Fire Chief shall provide periodic reports to the City Manager concerning progress toward the defined milestones and corrective actions taken. Corrective actions may include extending schedules, re- allocation of the Firefighters' working hours, modifying objectives, or other alternatives mutually agreed upon between the City Manager and the Fire Chief. (6) Training and Drills; The Fire Chief shall be responsible for the proper trainina of Firefiahters and shall schedule at least 4 hours of drills Der month and shall aive the Firefighters instructions in the approved methods of fi • fighting and fire prevention. (7) Keeping of Records: The Fire Chief shall keep in convenient form a complete record of all fires. Suck forms shall include the time of the alarm, the location of the fire, cause of the fire (if known) type of buildina, name of owner and tenant, purpose for which occupied, estimated loss or damage, names of firefighters respondina - to the alarm, and such other information as may be deemed advisable or as may be required from time to time by the City Manager or the State Department of Insurance. (8) Bylaws; The Fire Chief, within the terms of this ordinance, and with the advice and consent of the Firefighters, shall prepare and amend Bylaws governing the internal affairs of the Fire Department. The Bylaws and Amendments thereto shall become effective after review by the City Manager and upon their adoption by Resolution of the City Council. ORDINANCE NO. 76 -9 • (9) Rules, Regulations and Efficiency: The Fire Chief, with the advice and consent of the Firefighters, shall formulate a set of Rules and Regulations to govern - the Operational Functions of the Fire Department and to aid in the maintaininq of discipline, morale, efficiency, and motivation of the Firefiqhters . Such Rules and Regulations shall become effective upon approval of the Fire Department. Section 5 -109. DISCIPLINE AND DISCHARGE PROVISIONS. All Firefighters shall be subject to verbal reprimand, written re primand, discipline, suspension, demotion or discharge as follows: I (a) Discipline by the Fire Chief: All Firefighters are subject to discipline by the Fire Chief in the form of oral reprimands, written reprimands, and other forms of discipline approved in the Bylaws of the internal affairs of the Fire Department for just cause connected with the fire service. All Firefighters are subiect to discharae. demotion and suspension by the Fire Chief on the basis of merit and fitness connected with the fire service, with prior approval of the City Manaaer. Anv Firefighter disciplined • by a suspension may appeal said suspension to the Membership of the Fire Department in accordance with the Bylaws governing the internal affairs of the Fire Department. (b) _Suspension by the Cit Manag The Fire Chief is subiect to disciplin q�jgpen..sjen and removal on the basis of merit -and fitness connected with the fire service. by the City a aaer. Remov of the Fire Chief shall be made final only - upon a majority vote of the Ci Council. (c) Appeal: Any person aggrieved by any discharge, demotion or suspension by the City Manager or the Fire Chief may appeal to the City Council for a fact finding hearing within 10 days of written notice of such discharge, demotion or suspension. A written statement setting forth the basis of the discharge, demotion or suspension shall be provided to such aggrieved person upon the filing of such appeal. i ORDINANCE NO. 76 -9 (d) Commencement of Discharge, Demotion or Suspension Proceedings: Proceedings for the discharge, demotion, or suspension of anv Firefighter may be commenced by initiation of the City Manager, by the Fire Chief with City Manager approval. or by the Fire Department to the City Manager, in accordance with the Bylaws governing the internal affairs of the Fire Department. Section 5 -110. APPEAL PROCEDURE. Appeal is perfected by filina a written statement thereof with the City Clerk durina reaular business hours within the .period of time allotted for the Notice of Appeal in this Ord inance. The statement shall identify the decision or order appealed from and shall contain a simple and concise statement of the arounds of the appeal. (a) • Duties of the City Clerk: Within 10 days of receipt thereof, - the Citv Clerk shall determine whether or not the Statement of A ppeal is timel fi th e decision appealed from is clearly identified, and the grounds of the appeal are clearly set forth in a simple and concise statement. The City Clerk may request additional information from the Appellant in order to clarify any ambiguity. Upon determining that the Statement of Appeal is valid and complete, the Clerk shall forward a copy thereof to 'the City Manager and cause the original thereof to be placed on the agenda of the City Council at its next scheduled meeting. (b) Council Procedure: The City Council shall acknowledge receipt of the appeal and set a date for a hearing thereon. The City Council may hear and determine the facts as a committee of the whole, or may delegate such responsibility to a Hearing Officer. (c) Hearing Procedure: Procedure at the Fact Finding hearing shall be governed by the Administrative Procedure Act, Sections 15.0418 and 15.0419. Minnesota Statutes (1974) . The Appellant may be represented by counsel and the City shall be represented by the Citv Attornev. i ORDINANCE NO. 76 -9 .(d,) Pindin of Fac t- Thn r1 Council or the Hear ina Officer shall hear the evidence, shall resolve anv material conflicts in the evidence, and shall prepare a written statement of the relevant facts which are found to be true. Any Summary of Evidence and Findinas of Fact prepared by a Hearing Officer shall be reviewed by the City Council and the City Council shall determine that the facts found to be true are supported by the Summary of Evidence. The City Council may refer the case back to the Hearina Officer for ,further proceedinas . Upon determinina that the facts found by the Hearina Officer are supported by the Summary of Evidence, the C itv Council shall give its approval. (e) Termination of Appeal: Copies of the Summary of Evidence and Findinas of Fact shall be forwarded to the Appellant and to the City Manaaer, which shall end the Appeal Procedure. The Appellant may obtain iudicial review by Writ of Certiorari to the District Court based upon a full transcript of testimonv taken at the Hearina, the Summary of Evidence, and the Findings of Fact. Section 3: This ordinance shall become effective after adoption and upon adoption of an authorizing Charter change as recommended by the Charter Commission. Adopted this 28th day of June, 1976. 1 ) Z/ Mayor e ATTEST: Clerk Date of Publication June 17, 1976 Effective Date November 8, 1976 (Underline indicates new matter, brackets indicate matter to be deleted.)