HomeMy WebLinkAboutItem 06.jFebruary 13, 2012 . Item No.
ORDINANCE AMENDING TITLE 8, CHAPTER 1
OF THE LAKEVILLE CITY CODE
Proposed Action
Staff recommends adoption of the following motion: Move to approve ordinance amending Title
8, Chapter 1 of the Lakeville City Code.
Overview
The fire department completed a review of Title 8, Chapter 1 of the city code as it pertains to the
fire department. The code has not been updated recently and does not match the current
guidelines and policies of the fire department. The Public Safety Committee was presented the
proposed changes on February 8, 2012. The city attorney has reviewed the code and recommends
that this section is updated in accordance with the policies and procedures of the Fire
Department.
Primary Issues to Consider
Supporting Information
• Redline copy of ordinance amending the City Code
• Ordinance amending Title 8, Chapter 1
Mike Meyer, Fire Chief
Financial Impact: $ Budgeted: Source:
Related Documents (CIP, ERP, etc.):
Notes:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 8, CHAPTER 1
OF THE LAKEVILLE CITY CODE
CONCERNING THE FIRE DEPARTMENT
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1 . Title 8, Chapter 1 of the Lakeville City Code is amended in its entirety
to read as follows:
3l5WQ TeT_PIr IIIIiii
A. The volunteer fire department of this city is hereby continued and shall operate, pursuant
to the provisions of this chapter and department policy and procedure manual as
adopted by resolution of the city council consistent with this chapter.
B. The members of the fire department may organize themselves into a firefighter's relief
association in accordance with state law.
8-1 -2: PERSONNEL::
A. The department shall be composed of a full time fire chief and a number of firefighters as
specifically authorized by the city council.
Be The officers of the department shall include the chief and other officers as deemed
necessary by the chief. The chief and department officers must meet the qualifications
set forth in the position descriptions.
C. The chief shall be appointed, following a selection process, b the city administrator roeleted: i 1
g P y y istrator and
- - - - -- -
report to the city administrator. The selection of the chief must be confirmed by the city
council.
Deleted 2
D..,Offlcers shall be
appointed b the chief with approval b the city administrator.
`—
y p y Y or.
Deleted C Frefi htemaresub.ctto
' suspensem or dism ssal by the city
administrator. Dismissals and
suspensions may be appealed to the
city council.I
- Deleted 8-1 -3: BOARD OF
c- ___ _.. _ ------ __ DIRECTORS: 9T
16220M I (RL to It tsfiog Code)
RNK'. 01/17/2012
8 -1 -3: FIREFIGHTER QUALIFICATIONS: __________.___.______.___
,
A. General: Appointments to department membership shall be on a nondiscriminatory basis,
subject to the applicant meeting the requirements of a firefighter as set forth in the
position description. No person shall commence any firefighter duties until that person
has been appointed by the city administrator as recommended by the fire chief.
B. Age: No person shall be appointed to the fire department who, on the effective date of
initial appointment, is less than eighteen (18) years of age.
C. Probationary Period: All firefighters shall serve a probationary period of at least twenty
four (24) months commencing on the effective date of initial appointment. The
probationary period shall be considered a part of the examination process.
Deleted: A. For the purpose of
pro.notingcem0 ?unication within the
department, providing administrative.
assistance to the chief, monitoring
special committee activity, and
organizing department social events,
there is hereby established a board of
directors.',,
B. The board of directors shall consist
of the assistant chief, one district chief,
and one regular firefighter train each
station (who shall be elected from each
station by the active firefighters
assigned m each station) as voting
members. The chief shall be a
nonvoting member of the board.
Deleted: 4
8 -1 -4: DUTIES OF THE CHIEF; REGULATIONS: Deleted: 5
A. The chief shall be responsible to the city council, under the direction of the city
administrator, for general policy making and administrative control, preparing a
preliminary department budget, directing, planning, and coordinating all activities of the
fire department including, but not limited to, fire protection and emergency response; fire
prevention and safety educational services; training and safety of personnel; fire station
facilities, vehicles, and equipment assigned to the department. The chief shall submit
monthly and annual reports to the city council concerning the activities of the
department. Specific duties of the fire chief shall be prescribed in a job description
prepared by the city's human resources manager in consultation with the city
administrator.
B. To promote both the efficiency and effectiveness of department operations, the chief
shall have the authority to issue operating procedures as deemed necessary.,
........ _. _ _.
C. The chief shall keep in convenient form a complete record of all fires. Such report shall
include the time of the alarm, location of the fire, cause of fire (if known), type of
building, name of owner and tenant, purpose for which occupied, value of building and
contents, members of the department responding to the alarm, and such other
information as he may deem advisable or as may be required by the city council or state
fire marshal.
ACTING CHIEF; TERM AND DUTIES:
Deleted: The operating procedures
shall become effective on the eighth
day fallowing their posting at each
station. trout (10) or more firefighters
object to the operating procedures, they
shall file a written notice of their
objection with the board of directors
within 9ttoen (15) days of posting. The
board shall meet and address the
objection within thirty (30) days of
posting. If the board and the objecting
firefighters arc not able to resolve the
dispute, the board shall Issue a report
within forty (40) days of posting to the
city administrator whose decision shall
be final. Pending resolution, the
disputed operating procedure shall
remain in effect. Any operating
procedure determined by the crafts
be emergency in nature shall become
effective on the date specified in the
posted notice and shall be subject to
the same appeal procedure herein
before established.
162200 I (RL ro Exlgag Code)
RNK'. 01/17/2012
Deleted: It shall be unlawful for any
person to give or make, or cause to be
given or made, an alarm of fire without
probable cause, or to neglect or refuse
to obey any reasonable order of the
chief at a fire, to drive over a fire hose,
or to interfere with the fire department
in the discharge of its duties; and any
person convicted o` violating this
section shall be gaily of a
misdemeanor, punishablein (- n
1622011(RL to Existing Code)
RNK 01/17/2012
!
Deleted: &1 -7: ATTENDANCE AT
In the absence or disability of the chief, the next highest ranking officer in the department,
i oalLts; RESPONSE TOALARMS: $
according to the chain of command previously established by the chief, shall assume the full
authority and responsibility of the chief.
'
I Firefighters not meeting the minimum
1 attendanc requirements, as
b Y ord er far
'
ncy alarms are subject
alarm are
tud
emergency
drills and em
d ary I
Deleted: 8-1 -8: LEAVES OF ABSENCE:'
- - - - -- ___-- - -____
8 -1-,Q: COMPENSATION:
A. unrequested Leave: A firefighterwho
-- -- - - - - -- -- - - - - -- - - - -- --
has not attended a drill or responded to
an emergency alarm for at least thiriy
The city council shall determine by resolution firefighters' compensation.
(30) days shall be considered as being
on unconnected leave of absence. The
chlefshall notify any person bycer[ified
mail that their status as a firefigter will
&1 -7: INTERFERENCE WITH DEPARTMENT:
"
Pu ny terminate if the have not applied
to the chief for reinst withi n
_ --
iS
mdate
thirty (30) days from e date of the
No person shall refuse or neglect to obey any reasonable order of the Fire Chief or the Fire
',
chief's let er.q
B. Requested Leave: A firefighter,
provided the request is made In writing
Chief's designee at an emergency scene or interfere with the Fire Department in the
dischar e of Its duties.
g
w _
to the chief, may take a leave of
absence for one ear. If the
person has not returned to active
person h re
status after one year, department
membership shall be considered
terminated, except that the person may
request his or her name be placed on
the new firefighter waiting list for an
additional three (3) years.q
f
C. Return lo Duty: A firefighter was has
not responded to an emergency alarm
for at leastthirty(30) days,for
whatever reason, shall not, upon return
to Jury, respond to emergency alarres
until permission is granted wtheduef
'y
or the chief's de5ignee5l
'v
I8-1 -9: DISCIPLINE, SUSPENSION AND
DISMISSAL 51
0
A. Grievance Committee And Procedure:
The boa rd of directors shat l be the
grievance co m in lttee. The department,
In Its rules and regulations, shall
ii
establish a grievance procedure for
firefighters and under which the
grievance committee shall operate. Any
nouprobationary firefighterwho has
been disciplined by the Chief ma
Deleted I
Deleted 10
Deleted: 11 �— —
Deleted: It shall be unlawful for any
person to give or make, or cause to be
given or made, an alarm of fire without
probable cause, or to neglect or refuse
to obey any reasonable order of the
chief at a fire, to drive over a fire hose,
or to interfere with the fire department
in the discharge of its duties; and any
person convicted o` violating this
section shall be gaily of a
misdemeanor, punishablein (- n
1622011(RL to Existing Code)
RNK 01/17/2012
ADOPTED this day of , 2012, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
WT
Mark Bellows, Mayor
1622000 1 (RL to Exf tmg Co&)
RNK 01/17/2012
Page 3: [1] Deleted Roger Knutson 1/17/2012
8 -1 -8: LEAVES OF ABSENCE:
A. Unrequested Leave: A firefighter who has not attended a drill or responded to an
emergency alarm for at least thirty (30) days shall be considered as being on
unrequested leave of absence. The chief shall notify any person by certified mail
that their status as a firefighter will fully terminate if they have not applied to the
chief for reinstatement within thirty (30) days from the date of the chief's letter.
B. Requested Leave: A firefighter, provided the request is made in writing to the chief,
may take a leave of absence for up to one year. If the person has not returned to
active status after one year, department membership shall be considered
terminated, except that the person may request his or her name be placed on the
new firefighter waiting list for an additional three (3) years.
C. Return To Duty: A firefighter who has not responded to an emergency alarm for at
least thirty (30) days, for whatever reason, shall not, upon return to duty, respond
to emergency alarms until permission is granted by the chief or the chief's
designee
8 -1 -9: DISCIPLINE, SUSPENSION AND DISMISSAL:
A. Grievance Committee And Procedure: The board of directors shall be the grievance
committee. The department, in its rules and regulations, shall establish a
grievance procedure for firefighters and under which the grievance committee
shall operate. Any nonprobationary firefighter who has been disciplined by the
chief may contest the action by following the department established grievance
procedure. A member may appeal the decision of the board to the city
administrator, or designee, for review. If the board has not acted on the grievance
within sixty (60) days of the date of the incident, then the grievance may be taken
to the city administrator. The firefighter shall file a written notice with the city
administrator within ten (10) days of the board's decision or within seventy (70)
days of the date of the incident in the event of no decision by the board. The city
administrator shall review as necessary and issue a written statement of
disposition in a timely manner. If the firefighter is not satisfied with the
disposition of the complaint by the city administrator, the decision may be
appealed to the city council. To appeal to the city council, the member shall file a
written appeal notice with the city clerk within ten (10) days of the city
administrator's decision.
B. Dismissal: The city council may dismiss, without cause, the chief and any
probationary or nonprobationary firefighter or remove from office any appointed
or elected official of the fire department.
Page 3: [2] Deleted. Roger Knutson. 1/17/2012 10:07:00 AM
It shall be unlawful for any person to give or make, or cause to be given or made, an
alarm of fire without probable cause, or to neglect or refuse to obey any reasonable
order of the chief at a fire, to drive over a fire hose, or to interfere with the fire
department in the discharge of its duties; and any person convicted of violating this
section shall be guilty of a misdemeanor punishable in accordance with the law.
ORDINANCE NO. 887
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 8, CHAPTER 1
OF THE LAKEVILLE CITY CODE
CONCERNING THE FIRE DEPARTMENT
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1 . Title 8, Chapter 1, of the Lakeville City Code is amended in its entirety
to read as follows:
8 -1 -1: ORGANIZATION:
A. The volunteer fire department of this city is hereby continued and shall operate, pursuant
to the provisions of this chapter and department policy and procedure manual as
adopted by resolution of the city council consistent with this chapter.
B. The members of the fire department may organize themselves into a firefighter's relief
association in accordance with state law.
8 -1 -2: PERSONNEL:
A. The department shall be composed of a full time fire chief and a number of firefighters as
specifically authorized by the city council.
B. The officers of the department shall include the chief and other officers as deemed
necessary by the chief. The chief and department officers must meet the qualifications
set forth in the position descriptions.
C. The chief shall be appointed, following a selection process, by the city administrator and
report to the city administrator. The selection of the chief must be confirmed by the city
council.
16220M (RL to GxistinL Code)
RNK: 01/17/2012
D. Officers shall be appointed by the chief with approval by the city administrator.
8 -1 -3: FIREFIGHTER QUALIFICATIONS:
A. General: Appointments to department membership shall be on a nondiscriminatory basis,
subject to the applicant meeting the requirements of a firefighter as set forth in the
position description. No person shall commence any firefighter duties until that person
has been appointed by the city administrator as recommended by the fire chief.
Age: No person shall be appointed to the fire department who, on the effective date of
initial appointment, is less than eighteen (18) years of age.
C. Probationary Period: All firefighters shall serve a probationary period of at least twenty
four (24) months commencing on the effective date of initial appointment. The
probationary period shall be considered a part of the examination process.
8 -1-4: DUTIES OF THE CHIEF; REGULATIONS:
A. The chief shall be responsible to the city council, under the direction of the city
administrator, for general policy making and administrative control, preparing a
preliminary department budget, directing, planning, and coordinating all activities of the
fire department including, but not limited to, fire protection and emergency response; fire
prevention and safety educational services; training and safety of personnel; fire station
facilities, vehicles, and equipment assigned to the department. The chief shall submit
monthly and annual reports to the city council concerning the activities of the
department. Specific duties of the fire chief shall be prescribed in a job description
prepared by the city's human resources manager in consultation with the city
administrator.
B. To promote both the efficiency and effectiveness of department operations, the chief
shall have the authority to issue operating procedures as deemed necessary.
C. The chief shall keep in convenient form a complete record of all fires. Such report shall
include the time of the alarm, location of the fire, cause of fire (if known), type of
building, name of owner and tenant, purpose for which occupied, value of building and
contents, members of the department responding to the alarm, and such other
information as he may deem advisable or as may be required by the city council or state
fire marshal.
16220M I (RL to Existing Code)
RNK: 01/17/2012
8 -1 -5: ACTING CHIEF; TERM AND DUTIES:
In the absence or disability of the chief, the next highest ranking officer in the department,
according to the chain of command previously established by the chief, shall assume the full
authority and responsibility of the chief.
15 Q:X41i71Tj 1>4 0 6f_ L$I►ii
The city council shall determine by resolution firefighters' compensation.
8 -1 -7: INTERFERENCE WITH DEPARTMENT:
No person shall refuse or neglect to obey any reasonable order of the Fire Chief or the Fire
Chief's designee at an emergency scene or interfere with the Fire Department in the
discharge of its duties.
ADOPTED this 21st day of February, 2012, by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
ME
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City Clerk
1622000 1 (RL to Existing Conic) 3
RNK: 01/17/2012