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HomeMy WebLinkAbout1976-09 06-17 AP f �r CITY OF BROOKLYN CENTER ORDINANCE NO.... O� ORDINANCE AMENDING �. PTER S OF THE CITY OR- ....4ANCES RELATIVE TO THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY I)ROOKLYN CENTER POST OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. The following sections of Chapter S the City Ordinances are AFFIDAVIT OF PUBLICATION hereby repee aled: Sections 5 101; 5-102; 5 -103; 5 -104; and 5-202 (3) SECTION 2. Chapter 5 of the City Ordinances are amended by the ad- dition of the following: Section 5.100. PURPOSE. STATE OF MINNESOTA I It is the purpose of this ordinance to provide for and maintain a Volun COUNTY OF HENNEPIN SS. teer Fire Department comprised of part time members. Section 5.101. ESTABLISHMENT AND CONTINUATION. Pursuant to the Charter of the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property within the E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The City, and to promote the health, Post Publishing Co., publisher and printer of the newspaper known as safety and welfare of its citizens, the City Council of the City of Brooklyn BROOKLYN CENTER POST Center hereby continues and and has full knowledge of the facts herein stated as follows: establishes a Department of City (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent Government known as the Brooklyn in printed space 4o at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each Center Volunteer Fire Department. week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which Presently existing appointments of it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter all Fire Department Personnel shall and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at remain in full force and effect. least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation Section 5 -102 DEFINITIONS AND currently paid or no more than three months in arrears and has entry as second -class matter in its local post - GENERAL PROVISIONS. office. (5) Said newspaper purports to serve the (a)Firefighter: The term Firefighter shall include all members of the CITY OF BROOKLYN CENTER Fire Department. in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open r e (b) d w y: All Firefighters shall during its reside within the City. regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- (C)Age Limitation: All Firefighters tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all must be 18 years of age or older. such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately (d) Retirement: Firefighters shall with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years retire at age 56, provided however, preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of efighters who were Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of that Fir members of the Fire Department State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper of on June 1, 1967, may serve until is a legal newspaper. age 60. (e). Complement: The Complement He further states on oath that the printed - - - - of the Fire Department shall consist of not more than 40 Firefighters, which number may be altered by Resolution of the City Council, upon recommendation of the Fire Chief. The Complement hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in does not include Probationary Firefighters, the number of which is within the discretion of the Fire the English language once each week, for. .. successive weeks; that it was first so published on - - - Chief. ;f) Fire Chief: A Volunteer ' Firefighter Chosen to act as head of the. . . . day of . . . . 19 . and was thereafter printed and published on every ..... the Fire Department. (g)Aggrieved Person: The Firefighter affected by an appointment, to and including the day of. ...... . 19 . and that the following is a printed copy of the rejection, suspension, demotion, discharge or other action of the City Manager from which an lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in appeal is provided. (h)Oral Interview Report: The written summary of a discussion of the composition and publication of said notice, to wit' job related subject matter, uniformly conducted. with all applicants, resulting in a com- posite numerical score, which abcdefghijklmnopgrstuvwxyz - —S: pt. Sans shall receive no more than 60 percent weight in the appointment or approval. .i) Personnel Report: A compilation - of job- related performance - standards including length of f' service, number of meetings, drills , and fire calls attended, hours of - - . ,r fire training and education, > . ..... ......... disciplinary actions, com- mendations, service awards, and other similar performance stan- Subscribed and sworn to before dards, resulting in a composite numerical score which shall _ receive no more than 60 percent me this day of .-'- .. "..'.. A.D., 19... weight in the appointment or r approval. _ Peer Evaluation Report: A Report assessing those personal qualities related to the successful per- formance of the job for which the (NOTARIAL SEAL) applicant is being considered, resulting in a composite numerical score which shall receive no more Notary Public, ...... County, Minnesota than 20 Percent weight in the appointment or approval. (k)Fact Finding Hearing: A hearing My Commission Expires. ...... ......19... before the City Council designed to establish the facts underlying a judgment or decision. (1) Classification: Fire Department members shall be c]Assif;ed as Probationary F+refighters, Regu jar FifefighteYt, inspectors, and Officers. I (m) Officers: Fire Department Of- Reports and Personnel Re ports to ficers shall consist of a Fire Chief, (e) Duties: The duties of the Regular Fire Department for attendance at assigned by the Fire Chief. an Assistant Fire Chief, one or the City Manager who shall ap- Firefighters shall be the training fire calls, meetings and drills; job- (2) Fire Marshall. The Fire more District Chiefs and , Ca tains Prove or reject the appointments for and execution of fire sup- related education and training Marshall shall be in charge of the P within 30 days upon the basis of a Fire Marshall and such other merit and fitness, notifying the Presr and prevention activities qualifications, knowledge of Fire Bureau of Fire Prevention and officers deemed necessary by the Fire D prescribed by the Fire Department procedures and shall be responsible for its re Chief of the decision The Fire Department under the direction of knowledge of applicable fire codes. operations, the enforcement of the Fire Chief, all of whom shall be P Regular Firefighters. Chief shall so notify each applicant the Fire Chief. Ninety days before the end of a Fire Prevention Code, and the (n) Determination of Merit and Fit- in writing. Section 5 -105. INSPECTORS. term of office of the Assistant Chief enforcement of all Ordinances and - ness: The appointment procedures (e) Appeal: Any person aggrieved by (a) Eligibility: All Regular or Fire Marshall, the Fire Chief Laws relating to Fire Prevention the City Manager's approval or ei forth herein shall determine Firefighters whose Personnel shall Report adequately demonstrates post notice thereof for a and Safety, together with such rejection may, within 10 days of = merit and fitness and shall be the period of d weeks at each Fire other duties as may be delegated exclusive procedures for that written notice of said appointment the applicant's knowledge and pro- Station. Any eligible member of or assigned by the Fire Chief. li file a notice or rejection, ce appeang ficiency in dealing with State and purpose. the Fire Department Complement I (3) Fire Prevention: The Fire (o) Criteria of Merit and Fitness: The said decision to the City Council for Local Fire Codes, fire prevention wishing to make application for Marshall shall perform the Fire fact finding hearing. techniques and methods, drills, ex- appointment to the Prevention duties set out in Sec - subject matter towered in Oral position of uties: The duties of Probationary ercises and training methods to- tions 5 -202 through 5 -211 of City Interview, Personnel Report and Assistant Chief or Fire Marshall Firefighters shall be the training gether with such other skills, Peer Evaluation shall be compiled shall so notify the Fire Chief in Ordinances and shall be respon- by the Fire Department with the for and execution of fire sup knowledge, and characteristics, -�� writing within 10 days of the sible for the operation of the pression and prevention activities deemed necessary to carry out the Bureau of Fire Prevention, assistance of the City's Ad- posting of the final notice stating under the direction of the Fire together with all other laws, or- ministrative Assistant for Per- duties of an inspector, are eligible the position for which application sonnel and shall be included in the _ Department as prescribed by the for duty as an Inspector. Ap- is made. dinances and regulations dealing By Laws of the Fire Department. Fire Chief. plicants may be tested and (b) Oral Interview Reports and with the suppression and The said subject matter and the Section 5.104. REGULAR FIRE- separately qualified for fire in- Personnel Reports and Peer prevention of tires. procedures for appointment, FIGHTERS. spection or for the conduct of drills Evaluation Reports: Pursuant to Section 5.108. FIRE CHIEF. promotion, discipline, suspension or for exercises and training BY -Laws governing the internal One Fire Chief shall be appointed to a and removal shall comply with Regular Firefighters shall be ap- maneuvers, or any other term of 4 years and described as fol- p affairs of the Fire Department, the State and Federal Equal Em- pointed and described as follows: specialized Duty Assignment. Fire Department shall conduct pioyment Opportunity Laws and (a) Recruitment: Regular (b) Duty Assignments: All eligible with each applicant, job - related lows: (a) Recruitment: Any member of the Firefighters Regulations. Firefighters shall be appointed ghterswishingtobe assigned Oral Interviews and investigations Fire Department Complement Section 5 -103. PROBATIONARY from the cadre of probationary duty as an Inspector shall notify and the Fire Department shall having more than 6 years service FIREFIGHTERS. Firefighters with more than 6 the Fire Chief in writing, stating prepare a written Supplemental as a regular fireman is eligible to Probationary Firefighters shall be ap- months service. When the Fire whether they prefer fire inspection Personnel Report, an Oral In- be appointed Fire Chief, subject to pointed and described by the follow- Chief shall determine that ad- or the conduct of drills, exercises terview Report and a Peer performance standards set by the ing: ditional regular Firefighters are and training maneuvers. Eligible Evaluation Report based thereon Fire Department for attendance at ta) Recruitment: When the Fire Chief required to fill the authorized Firefighters shall be given duty 3 which set forth objective fire calls, meetings and drills; job - shall determine that additional Complement, and shall determine assignments on a rotation, lottery, ,e statements of the applicants job- related education and training Probationary Firefighters are the number so required, the Fire or random selection basis. V related qualifications or lack qualifications and knowledge of required and the number so Chief shall give personal notice (c) Limitation on Duty Assignments: thereof and which may contain a Fire Department procedures and required, the Fire Chief shall thereof to each Probationary The Duty Assignments of In- ranking of all applicants in order of knowledge of applicable fire codes. cause public notice thereof to be Firefighter with more than 6 spectors shall be limited by the preference. One hundred twenty days before posted at five public places months service. Such funds authorized therefor in the 1 (c) Appointment of the Assistant Chief the end of a term of office of the throughout the City and published Probationary Firefighters wishing Fire Department's annual budget. and the Fire Marshall: The Oral Fire Chief. the Assistant Fire Chief in the official newspaper of the to make application for ap- (d) Duties: The duties of Inspectors = Interview Report, the Peer shall post notice thereof for a City, said posting and publishing to pointment to the position of shall be, in addition to the duties of Evaluation Report and the Sup- period of 4 weeks at each Fire Regular Firefighters, the conduct lemental Personnel Report continue for three consecutive Regular Firefighter shall so notify I( P Po shalt Station. Any eligible member of weeks. In addition thereto, the Fire the Fire Chief within 20 days of of drills, exercises, and training be forwarded to the Fire Chief who the Fire Department Complement Chief, with the aid of the City's such notice. maneuvers; and the performing of may conduct further interviews wishing to make application for Administrative Assistant for (b) Oral Interview Report and Per- inspections as directed by the Fire either personally or by a panel of appointment to the position of Fire Personnel shall develop and im- sonnel Report: Pursuant to the By- Chief in accordance with the By- qualified persons as set forth in Chief shall so notify the Assistant plement an affirmative action Laws governing the internal af- Laws of the internal affairs of the Section 5 -108, Paragraph (d) of this Fire Chief in writing within 10 days program designed to bring these fairs of the Fire Department, the Fire Department. _ Ordinance. The Fire Chief shall of the posting of the final notice. employment opportunities to the Fire Department shall conduct Section 5 -106. OFFICERS. appoint or reject the applicants (b) Personnel Reports and Peer attention of all citizens of Brooklyn with each applicant, job - related (azEligibility: Any Regular within 30dayson the basis ofmerit Evaluation Reports: Pursuant to Center, including minorities and interviews and investigations and Firefighter with a minimum of and fitness, notifying the City By Laws governing the internal women, in accordance with the the Fire Department shall prepare three years of service is eligible to Manager of the decision. The Fire affairs of the Fire Department, the Minnesota Human Rights Act and an Oral Interview Report and a become an Officer. Chief shall forward the Oral In- Fire Department shall conduct he Regulations of the Equal written Supplemental Personnel (b) Duty Assignments: In accordance terview Reports, the 'Peer with each applicant, job-related Employment ,Opportunity Com- Report based thereon, which sets with the BY-Laws of the internal Evaluation Reports, and the oral interviews and investigations mission. forth objective statements of the affairs of the Fire Department, the Supplemental Personnel Reports and the Fire Department shall (b)Testing of Applicants: Applicants applicant's job- related Fire Chief shall select Officers to the City Manager who shall prepare a written Supplemental for Probationary Firefighters shall qualifications or lack thereof and from among the eligible Regular approve or reject the ap- Personnel Report and a Peer satisfactorily pass a physical which may contain a ranking of Firefighters and assign such duties pointments within 30 days upon the Evaluation Report based thereon exam. applicants in order of preference. 4o them as are deemed necessary. = basis of merit and fitness, which set forth objective (C) Oral Interview Report and Per- (c) Appointment of Regular (c) Duties: The duties of Captains and notifying the Fire Chief of the statements of the applicant's job - sonnel Report: Pursuant to By Firefighters: The Oral Interview District Chiefs selected by the Fire decision. Failure of the City related qualifications or lack Laws governing the internal af- Report and the Supplemental Chief from the Regular Manager to so appoint or reject thereof and which contain a fairs of the Fire Department, the Personnel Report shall be for Firefighters shall be the super- within 30 days shall constitute the ranking of all applicants in order of Fire Department shall conduct warded to the Fire Chief who shall vising and directing of fire sup- City Manager's agreement to the preference. with each applicant, job- related reject or appoint the applicants pression and prevention operations Fire Chief's appointment. The Fire (c) Appointment of Fire Chief: The personal interviews and in. within 30 days, upon the basis of and other activities as the Fire Chief shall so notify each applicant Peer Evaluation Report and the vestigations and shall prepare a merit and fitness notifying the City Chief shall deem necessary. = in writing. Supplemental Personnel Report written Personnel Report and an Manager of the decision. The Fire (e) Exception: This section shall (d) Appeal: Any person aggrieved by shall be forwarded by the Assistant Oral Interview Report based Chief shall forward the Oral In- govern the selection of all officers the City Manager's approval or Fire Chief to the City Manager. An thereon, which set forth objective terview Reports and Personnel except the Fire Marshall, the rejection may, within 10 days of oral interview Board consisting of statements of the applicant's job- Reports to the City Manager who Assistant Fire Chief and the Fire written notice of said appointment a Management Representative related qualifications or lack shall approve or reject the ap- Chief. or rejection, file a notice appealing selected by the City Manager from thereof and which may contain a pointments within 30 days upon the Section S -107, ASSISTANT CHIEF said decision to the City Council outside the City, Volunteer Fire ranking of all applicants in order of basis of merit and fitness notifying AND FIRE MARSHALL. for a fact finding hearing. Department Representative preference. the Fire Chief of the decision. The One Assistant Chief and one Fire Mar- _ (e) Duties: (1) Assistant Chief: It selected by the Fire Department (d)Appointment of Probationary Fire Chief shall so notify each shall shall be appointed to a term of 4 shall be the duty of the Assistant from outside the City, in ac- Firefighters. The Oral Interview applicant in writing. years and shall be described as fol- Chief, in the absence of the Fire cordance with its BY-Laws, and a Report and the Personnel Report (d) Appeal: Any Person aggrieved by lows: Chief, to perform all functions and representative appointed by the shall be forwarded to the Fire the City Manager's approval or (a) Recruitment: Any member of the exercise all authority to the Fire two appointees, shall be selected. Chief who shall appoint or reject rejection may, within 10 days of Fire Department Complement Chief and to perform such other The Oral Interview Board shall the applicants within 30 days upon written notice of said appointment having more than 6 years service duties as may be delegated or conduct such interviews and in- the basis of merit and fitness, or rejection, file a notice appealing as a regular fire firefighter is vestigations with each applicant as notifying the City Manager of the said decision to the City Council for eligible to be appointed Assistant it deems necessary and shall decision. The Fire Chief shall a fact finding hearing. Chief or Fire Marshall, subject to prepare a written Oral Interview forward the Oral Interview - - - performance standards set by the Report based thereon which sets forth objective statements of the the City Manager concerning Manager, in accordance with the a p p l i c a n t s j o b related progress toward the defined By -Laws governing the internal qualifications or lack thereof and milestones and corrective ac- affairs of the Fire Department. which shall contain a ranking of tions taken. Corrective actions Section 5 -110. APPEAL PROCEDURE the applicants in order of may include extending schedules; Appeal is perfected by filing a written preference. The Oral Interview reallocation of the Firefighters' statement thereof with the City Clerk Report for each applicant shall be working hours, modifying ob- during regular business hours within forwarded by the Oral Interview jectives, or other alternatives the period of time alloted for the No- Board to the City Manager who mutually agreed upon between the tice of Appeal in this Ordinance. The shall reject or appoint the ap- City Manager and the Fire Chief, statement shall identify the decision plicants within 30 days, upon the (6) Training and Drills: The Fire or order appealed from and shall con - basis of merit and fitness, Chief shall be responsible for the tain a simple and concise statement of notifying the Assistant Fire Chief proper training of Firefighters and the grounds of the appeal. of the decision. The Assistant Fire shall schedule at least 4 hours.of (a) Duties of the City Clerk: Within 10 Chief shall so notify each applicant drills per month and shall give the pays of receipt thereof, the City in writing. Failure to so appoint or Firefighters instructions in the Clerk shall determine whether or reject within 30 days shall con- approved methods of firefighting not the Statement a Appeal is stitute the City Manager's and fire prevention. timely filed, the decision appealed agreement to the Preference (7) Keeping of Records: The Fire from is clearly identified, and the Ranking of the Oral Interview Chief shall keep in convenient form f the o Board and all applicants shall be a complete record of a!I fires. Such appeal are clearly notified in writing by the Assistant forms shall include the time of the set forth in a simple and concise Fire Chief of the appointments to alarm, the location of the fire, statement. The City Clerk may the position of Fire Chief in the cause of the fire (if known) type of request additional information order of the said Preference building, name of owner and from the Appellant in order to Ranking. tenant, purpose for which oc- clarify any ambiguity. Upon (d) Appeal: Any person aggrieved by cupied, estimated loss or damage, determining that the Statement of the City Manager's approval or names of firefighters responding to Appeal is valid and complete, the rejection may, within 10 days of the alarm, and such other in- Clerk shall forward a copy thereof written notice of said appointment formation as may be deemed to the City Manager and cause the or rejection. file a notice appealing advisable or as may be required original thereof to be placed on the said decision to the City council for Agenda of the City Council at its a fact finding hearing. from time to time by the City next scheduled meeting. (e) Approval: The City Manager Shall Manager or the State Department (b) Council Procedure: The City immediately notify each member of Insurance. Council shall acknowledge receipt of the City Council of the ap- (8) By-Laws: The Fire Chief, within of the appeal and set a date for a pointment and shall cause to be the terms of this ordinance, and hearing thereon. The City Council placed on the City Council's with the advice and consent of the may hear and determine the facts Agenda at its next regular Firefighters, shall prepare and as a committee of the whole, or meeting, the question of the final amend By -Laws governing the may delegate such responsibility approval of the appointee. The internal affairs of the Fire to a Hearing Officer. - term of the said appointee Shall Department. The By -Laws and (c)) Hearing Procedure: Procedure = commence only after final ap- Amendments thereto shall become at the Fact Finding hearing shall proval by the City Council. If final effective after review by the City be governed by the Administrative approval does not occur before the Manager and upon their adoption Procedure Act, SS 15.0418 and expiration of the term of office of by Resolution of the City Council, 15.0419, Minnesota Statutes (1974). the incumbent Fire Chief, said (9) Rules, Regulations and Ef• The Appellant may be represented incumbent shall hold office until a ficiency: The Fire Chief, with the by Counsel and the City Ad- successor is appointed and given advice and consent of the ministration shall be represented final approval by the City Council. Firefighters, shall formulate a set by the City Attorney. In any case in which an appeal is of Rules and Regulations to govern (d) Findings of Fact: The City Council - filed, said appeal shall be heard the Operational Functions of the or the Hearing Officer shall hear and determined before the Fire Department and to aid in the the evidence, shall resolve any = question of the final approval of the maintaining of discipline, morale, material conflicts in the evidence, appointee is considered and efficiency, and motivation of the shall prepare a written summary ,determined. Firefighters. Such Rules and of the evidence, and shall prepare (f) Duties: Regulations shall become effective a written statement of the relevant upon approval of the Fire (1) Supervision of Firefighters: The facts which are found to be true. Fire Chief shall supervise and Department. Any Summary of Evidence and direct all Firefighters and shall be Section 5 -109. DISCIPLINE AND DIS- Findings of Fact prepared by a - responsible for establishing and CHARGE PROVISIONS. Hearing Officer shall be reviewed enforcing rules of conduct for All Firefighters shall be subject to by the City Council and the City Firefighters. verbal reprimand, written reprimand, Council shall determine that the (2) Keeping of Equipment: The Fire discipline, suspension, demotion or facts found to be true are sup - Chief shall have control over all of discharge as follows: ported by the Summary of the equipment and apparatus (a) Discipline by the Fire Chief: All Evidence. The City Council may maintained by the Fire Depart- Firefighters are subject to refer the case back to the Hearing ment, and shall be responsible for discipline by the Fire Chief in the , Officer for further proceedings. the care and condition of the form of oral reprimands, written Upon determining that the facts equipment and the Fire Stations. reprimands and other forms of found by the Hearing Officer are (3) Annual Fire Department Report: discipline approved in the By -Laws supported by the Summary of The Fire Chief shall, within of the internal affairs of the Fire Evidence, the City Council shall reasonable time after the close of Department for just cause con- 1 give its approval. the fiscal year, make an annual netted with the fire service. All (e) Termination of Appeal: Copies of report to the City Manager and to Firefighters are subject to the Summary of Evidence and the City Council setting forth the discharge, demotion and Findings of Fact shall be for - activities of the Fire Department suspension by the Fire Chief on the warded to the Appellant and to the during the preceding year. The basis of merit and fitness con- city Manager, which shall end the Fire Chief shall also submit such netted with the fire service, with Appeal Procedure. The Appellant additional reports and recom prior approval of the City may obtain judicial review by mendations as the Fire Chief or the Manager. Any Firefighter Writ of Certiorari to the District City Manager may from time to disciplined by a suspension may Court, based upon a full transcript time deem necessary. appeal said suspension to the of testimony taken at the Hearing, (4) Annual Budget Report: The Fire Membership of the Fire Depart- the Summary of Evidence, and the Chief shall annually prepare and ment in accordance with the By Findings of Fact. submit to the City Manager a Laws governing the internal af- SECTION 3. budget setting forth the an- fairs of the Fire Department. This ordinance shall become effective ticipated needs of the Fire tb) Suspension by the City Manager: after adoption and upon adoption of an Department for the ensuing year. The Fire Chief is subject to authorizing charter change as (5) Annual Fire Prevention Report: The Fire Chief shall annually discipline suspension and removal recommended by the Charter Com- present to the City Manager a on the basis of merit and fitness mission. statement of objectiveswhich shall connected with the fire service, by Adopted this .... . ..........day of define a Fire Prevention Program the City Manager. Removal of the . . . . . . . • • . . . • • . 19 • • .. • .. and which shall be responsive to Fire Chief shall be made final only " ""' . . . .M - the Fire Prevention goals as upon a majority vote of the Cit� Mayor established by the City Council. Council. ATTEST: ..... ....... Said statement of objectives shall �c) Appeal: Any person aggrieved by Clerk include a brief explanation of each any discharge, demotion or Date of Publication ................ objective and the goal to which it suspension by the City Manager or Effective date ..................... contributes; an objective the Fire Chief may appeal to the (Brackets indicate new matter, measurement of the extent to City Council for a fact finding dashes indicate matter to be deleted). which the objective has been ac- hearing within 10 days of written EXCERPTS FROMTHE complished; a time schedule for notice of such discharge, demotion MINNESOTA ADMINISTRATIVE the accomplishment of each ob- or suspension. A written statement PROCEDURE ACT jective with intermediate setting forth the basis of the 15.0418 — CONTESTED CASE; milestones for its final ac- discharge, demotion or suspension HEARING, NOTICE. In any contested complishment; an estimate of the shall be provided to such case all parties shall be afforded an working hours required and the aggrieved person upon the filing of opportunity for hearing after costs necessitated by the ac- such appeal. reasonable notice. The notice shall complishment of each objective. (d) Commencement of Discharge, state the time, place and issues in- Upon mutual agreement between Demotion or Suspension volved, but if, by reason of the nature the City Manager and the Fire Proceedings: Proceedings for the of the proceeding, the issues cannot be Chief as to the statement of ob- discharge, demotion, or suspen- fully stated in advance of the hearing, jectives and the approval of fun- Sion of any Firefighter may be or if subsequent amendment of the ding therefor, the Fire Chief shall commenced by initiation of the issues is necessary, they shall be fully be responsible for assuring their City Manager, by the Fire Chief stated as soon as practicable, and accomplishment. The Fire Chief with City Manager approval, or by opportunity shall be afforded all shall provide periodic reports to the Fire Department to the City parties to present evidence and i argument with respect thereto. The agency shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to tran- scribe shorthand notes unless requested for purposes of rehearing or , court review. If a transcript is requested, the agency may, unless } otherwise provided by law, require the M party requesting to pay the reasonable k costs of preparing the transcript. Informal disposition may also be made of any contested case by stipulation, agreed settlement, con- sent order or default. Each agency may adopt appropriate rules of l procedure for notice and hearing in r contested cases. (1957 c 806 s 8) i 15.0419 EVIDENCE IN CON- TESTED CASES. Subdivision 1. In contested cases agencies may admit ; and give probative effect to evidence € which possesses probative value w commonly accepted by reasonable ) prudent men in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law. C They may exclude incompetent, irrelevant, immaterial and repetitious f evidence. Subd. 2. All evidence, including records and documents (except tax I returns and tax reports) in the possession of the agency of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence (except tax returns and tax reports) shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or ex- cerpts, or by incorporation by reference. Sub. 3. Every party or agency shall have the right of cross - examination of witnesses who testify, and shall have the right to submit rebuttal evidence. Subd. 4. Agencies may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific facts within their specialized knowledge. Parties shall be notified in writing either before or during hearing, or by reference in preliminary reports or otherwise, or by oral statement in the record, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. Agencies may utilize their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them. (1951 c 806 s 9) (Published in The Brooklyn Center Post June 17, 1976)