Loading...
HomeMy WebLinkAbout0750 r ORDINANCE NO. 750 CITY OF I_AKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE CHAPTER 1 OF THE LAKEVfLLE CITY CEDE C©NCERNING THE FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY OF LAKEVIILE, MINNESOTA ORDAINS: SECT{QN 1. Title 8, Chapter 1 of the Lakeville City Code is amended in its entirety to read as follows: CHAPTER 1 F{RE DEPARTMENT' 8=1-1: ORGAN{ZATION: 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 ordinance. B. The members of the Fire Department may organize themselves into a Fire Fighter's Relief Association in accordance with state law. 8-1-2: PERSQNNEL: A. The Department shall be composed of a full-time Fire Chief and. a number of firefighters as specifically authorized by the City Council. 6. 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. 1. .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 2. Officers shall be appointed by the Chief with approval by the City Admi n'rstrator. 103267.080 (C) j RNK:r01/17/2003 C. Firefighters are subject to suspension or dismissal by the City. Administrator. Dismissals and suspensions may be appealed to the City Council. 8-1-3: BOARQ OF DIRECTORS: A. For the purpose of promoting communication.. 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 Direct©rs shall consist of the: Assistant Chief, one district chief, ,and one regular firefighter from each station (who shall be elected from each station by the .active firefighters assigned to each station) as voting members. The Chief'shall be a nonvoting member of the Board. 8-1-4: 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. Chief. B. Age: No person shall be appointed to the Fire Department who, on the effective date of initial appointment, is less than 18 years of age. C. Probationary Period: All firefighters shall serve a probationary period of at least twenty-four (24) months commencing on theeffective date of initial appointment. The probationary period shall be considered a part of the examination. process. 8-1-5: DUTIES OF THE CHIEF; REGULATIONS: A. The Chief shall be responsible to the City Council, .under the direction of the City. Administrator, for. general policymaking 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 concerningthe 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. 103267.080 tC) 2 RNK;r01/17/2003 B. To promote both the efficiency and effectiveness of Department operations, the Chief shall have the authority. to issue operating procedures as deemed necessary. The operating procedures shall become effective on the eighth day following their posting at each station. If ten (10) or more firefighters object to the operating procedures, they shall file a written notice of their objection with the Board of Directors within fifteen (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 are 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 Chief to be emergency in nature shall become effective on the date. specified in the posted notice and. shall be subject to the same appealprocedure herein before established. 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 Gf 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.- 8-t-6: 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, shah) assume the full authority and responsibility of the Chief. 8-1-7: ATTENDANCE AT DRILLS; RESPONSE TO ALARMS: Firefighters not meeting the minimum attendance requirements, as established by order of the Chief, for drills and emergency alarms are subject to disciplinary action. 8-1-8: LEAVES C?F 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 theirstatus 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 103267.080 (C) 3 RNK.r01/17/2003 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, respondto emergency alarms until permission is granted by the Chief or the Chief's designee. 8-1-9c DISCIPLINE, SUSPENSION AND QISMISSAL: A. The Board of Directors shal,i 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 non-probationary 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 ~haU file a written notice with the City Administrator within ten (10) days of .the Board`s decision or within seventy (70) days ofthe date of the incident in the event of na 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 non-probationary firefighter or remove from office any appointed ar elected official. of the Fire Department. 8-1-10: CQMPENSATION: The City Council shall determine by resolution firefighters' compensation. 8-1-11: INTERFERENCE WITH DEPARTMENT: 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, onto 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. SECTION 2. Ordinance number 725 is repealed. 103267.080 (C) 4 RNK:r01 /17/2003 r SECTION 3. Section 1 of this ordinance shall be effective upon its .passage and following the selection of a full time Fire Chief. Section 2 of .this Ordinance shall be effective immediately upon passage. ADOPTED this 15th day of December , 2003, by :the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D.) nson, Mayor TTEST: r' harlene Friedges, City Irk io3267.osc tcj 5 RNK:r01/U/2003 PUBLIC NOTICE ORDINANCE NO. 750 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: CHAPTER 1 FIRE DEPARMENT 81-1: 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 consis- tent with this ordinance. B. The members of the Fire Department may organize themselves into a Fire Fighter's Relief Association in accor- for which occupied, value of building and contents, members of the Depart- ment 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 mar- shal. 8-1-6: 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. 8-1-7: ATTENDANCE AT DRILLS; RE- SPONSE TO ALARMS: Firefighters not meeting the minimum attendance requirements. as established by order of the Chief, for drills and emer- •i�.. cil, the member shall file a written appeal notice with the City Clerk within ten (10) days of the City Ad- ministrator's decision. B. Dismissal: The City Council may dis- miss, without cause, the Chief and any probationary or non -probationary firefighter or remove from office any appointed or elected .official of the Fire Department. 8-1-10: COMPENSATION: The City Council shall determine by res- olution firefighters' compensation. 8-1-11: INTERFERENCE WITH DE- PARTMENT: 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. SECTION 2. Ordinance number 725 is repealed. SECTION 3. Section 1 of this ordinance shall be effective upon its passage and fol- lowing the selection of a full time Fire Chief. Section 2 of this Ordinance shall be effective immediately upon passage. ADOPTED this 15th day of December, 2003, by the City Council of the City of Lakeville. Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T116 12/20/03 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33 I A.02, 33 I A.07 and other applic- able laws, as amended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- fished once oaeireveek-it7T � -seeeeressteeks; it was first published on Saturday, the;D likday of , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijk(mnopgrstuvwxyz BY: TITLE: Managing Editor Subscribed and sworn to before me on this day of ]poi i 1-feu-� Notary Public CAROL J. HAVERLAND NOTARY PUBLIC — MINNESOTA My Commission Expires 1-31-2005