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HomeMy WebLinkAbout1976-11 07-26 CCO CITY OF BROOKLYN CENTER a: ORDINANCE NO. 76 -11 AN ORDINANCE AMENDING CHAPTER 5 OF ORDINANCES • RELATIVE TO THE BROOKLYN CENTER FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1: The following sections of Chapter 5 of the City Ordinances are amended as follows: (underlining indicates new matter, dashes indicate matter to be deleted). Section 5 -102. DEFINITIONS AND GENERAL PROVISIONS. O O O (b) Residency: Except for temporary non - residency approved by the Fire Chief a -11- Firefighters shall reside within the City. O O O (j) Peer Evaluation Report: A Report assessing those personal qualities related to the successful performance of the job for which the applicant is being considered, resulting in a composite numerical score which shall receive no more than 90% 30% weight in the appointment or approval. • Section 5 -103. PROBATIONARY FIREFIGHTERS. O O O (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 appointments within 30 days upon the basis of merit and fitness, notifying the Fire Chief of the decision. Failure to so appoint or reject within 30 days shall constitute the City Manager's agreement with the decision of the Fire Chief. 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 +0 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. • 0 0 0 ORDINANCE NO. 76 -11 • Section 5 -104. REGULAR FIREFIGHTERS. • o o a (c) Appointment of Regular Firefighters: The Oral Interview Report and the Supplemental Personnel Report shall be forwarded to the Fire Chief who shall reject or appoint 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 appointments within 30 days upon the basis of merit and fitness, notifying the Fire Chief of the decision. Failure to so appoint or reject within 30 days shall constitute the City Manager's agreement with the decision of the Fire Chief. The Fire Chief shall so notify each applicant in writing. (d) Appeal: Any person aggrieved by the City Manager's approval or rejection may, within 19 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. Section 5 -105. INSPECTORS AND TRAINING OFFICERS. • (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, el�rl�s,-- exerei-s - a�- t^anigetl� eels 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. App�itts- may -be- tested -acrd separat -el� q�,tai.rf4ed- fog-- f�.pe- tepee- t3e�- ep- fc�r- tli-e- die -t -e� drills -or - frs -&x-er�eise-s- and-- traii -TftaReHVers,- -or - any -et�r speei- 9714$ed- Duty- As-s4gRm -eftt: All Regular Firefighters whose Personnel Report adequately demonstrates the applicant's know- ledge and proficiency in conducting drills, exercises and training methods, together with such other skills, knowledge, and charact- eristics deemed necessary to carry out the duties of a Training Officer are eligible for duty as a Training, Officer. (b) Duty Assignments: All eligible Firefighters wishing to be assigned duty as an Inspector or Training Officer 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. -2- ORDINANCE NO. 76 -11 (c) Limitation on Duty Assignments: The Duty Assignments of Inspectors and Training Officers 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- eameluet- -cf- r -- e-xe -r ises, axe- rai�g- �rantyt� ere,• - -a��l the performing of inspections as directed by the Fire Chief in accordance with the By -Laws of the internal affairs of the Fire Department. The Duties of Training Officers shall be the conduct of drills, exercises and training maneuvers or directed by the Fire Chief in accordance with the By -Laws of the internal affairs of the Fire Department. O O O Section 5 -107. ASSISTANT CHIEF AND FIRE MARSHALL. One Assistant Chief and one Peptz y Fire Marshall shall be appointed to a term of 4 years and shall be described as follows: O O O (d) Appeal: Any person aggrieved by the City Manager's approval • or rejection may, within 19 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. O O O I I Section 5 -1 FIRE CHIEF. O O O (d) Appeal: Any person aggrieved by the City Manager's approval or rejection may, within +8 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the City Council for a fact finding hearing. O O O • -3- ORDINANCE NO. 76 -11 Section 5 -110. APPEAL PROCEDURE. O O O (a) Duties of the City Clerk: Within 10 days of receipt thereof, the City Clerk shall determine whether or not the Statement of Appeal is timely filed, . tlte -d-c-c4s4an- �pp sta- ternextr. The City Clerk may request additional inform- ation from the Appellant in order to clarify the grounds of the appeal. 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. O O O (d) Findings of Fact: The City Council or the Hearing Officer shall hear the evidence, shall resolve any material conflicts in the evidence, shall prepare a written summary of the evidence, and shall prepare a written statement of the relevant • facts which are found to be true. Any Summary of Evidence and Findings of Fact prepared by a Hearing Officer shall be reviewed, by the City Council and the City Council shall determine-t-lrt the - fat �t-s- ieuRd- t-o- -be- t -r{ze- fL.T-e--s-u 4ed -by treapy -e� £viclecye.- make an independent judgment of the facts it finds to be true. The City Council may refer the case back to the Hearing Officer for further proceedings. Upon determining that the facts found by the Hearing Officer are st�ppepte�-- tlie- rtir�f- �ieree true the City Council shall give its approval. SECTION 2: These Ordinance Amendments shall become effective after adoption publication, and upon adoption by the City Council of an authorizing Charter Change as recommended by the Charter Commission. Adopted this 26th day of Tuly 19 76 Effective date November 8, 1976 Mayor ATTEST:,°�`� , z_ Clerk Date of Publication Tuly 8. 1976 -4-