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Home My WebLink About0725 ORDINANCE NO. 725 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTER 1 OF THE I.AKEVILLE CITY CODE CQNCERNING THE FIRE DEPARTMENT THE CITY COUNCfL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 8, Chapter 1 of the t_akeville City Code is amended in its entirety to read as follows: CHAPTER 1 FIRE DEPARTMENT 8-'I -1: QRGAN:IZATION: A. The volunteer fire department of this city is hereby continued and shall operate, pursuant to the provisions of this chapter and department fay-laws 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: 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 o#cers as deemed necessary by the Chief. The Chief and Department officers must meet the qualifications set forth in the position descriptions. 1. The Chief shelf 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 Administrator, exceptthat .the Assistant Chief and the. District Chiefs shall be elected by the membership subject to approval by the City Council. io32~7.osc tee} 1 RNK:r01/1712003 C. Firefighters are subject to su pension or dismissal by the City Administrator. Dismissals and suspensions m y be appealed to the City Council. 8-1-3: BOARD OF DIRECTORS: A. For the purpose of promoting. communication within the Department, providing - administrative assistance to th Chief, monitoring special committee activity, and organizing department social vents, there is .hereby established a Board of Directors. B. The Board of Directors sha11 c asst of the Assistant Chief, one district chief, a secretary, and one regular fir fighter from each station (who shall be elected from each station by the activ firefighfiers assigned to each sfiation} as voting members. The Chief shall be a nonvoting. member of the Board.. 8-1 -4: FIREFIGHTER QUALIFfCATIONS: 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. a recommended. by the Chief. B. Age: No person shall be _appointed to the Fire Department who, on the effective date of .initial appointment, is (ess than 18 yearn of age. C. Probationary Period: All firefrghters 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. 8-1-5: 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, anal equipment assigned to the Department. The Chief shall submit quarterly 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 Managerin 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. The operating procedures shall become effective on the eighth day 1032~7.oac ~c~ 2 RNK:r01 ~ 17/2003 following their posting at eachstation. If ten (10) ar more firefighters object to the operating- procedures, they shall .file a written na#ice of their objection with the Board of [?hectors 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 Admin(strator whose decision shall be final. Pending resolution, the disputed operating procedure shall remain in effecf. Any operating procedure determined by the Chief to be emergency in nature shall become effective on the date spec(fied in the posted notice and shall be subject to the same appeal procedure 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 (if known}, #ype 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 8-1-6: ACTING CHIEF; TERM AND DUTIES: In .the absence or disability of the Chief, the next highest ranking: officer (n 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; RESPQNSE 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. 8-7 -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 a 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 {3Q) days from the date of the Chief's letter. B. Requested Leave: A firefighter, provided the request is made in writ(ng 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 far at least thirty (30} days, for whatever reason,. shall not, upon return to duty, 1os26~.osc rc`i 3 RNK:r01/17/2003 respond to emergency alarms:. until permission is granted by the Chief or the Chief's designee. 8-1-9; QISC1PlaNE, SUSPENSfON AND DfSMISSAL: A. 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 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 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 shah 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, fihe Chief and. any probationary or non-probationary firefighter or remove. from office. any appointed or elected official of the Fire Department. 8-1-1'Q: COMPENSATION: The City Council shall determine by resolution firefighters' compensation. 8-1-11: INTERFERENCE Wt7H DEPARTMENT: It shall be unlawful far 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 misdemea-nor punishable in accordance with the law. SECTfON 2. This ordinance shall be effective upon its passage and following the selection of a full time Fire Chief, but not later than December 31, 2003. ADOPTED this .21st day of January, 2003, by the City Council of the City of Lakeville, Minnesota. 103267.080 (t: i 4 RNK:r01/1712003 v CITY OF LAKEVILLE 4 ~ f f Robert D. Jo son, Mayor ATTES~: t Charlene Friedges, Cit 'Clerk 103267.080 {C'j 5 RNK:r01 /17/2003 PUBLIC NOTICE ORDINANCE NO. 725 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 Lake- ville City Code is amended in its entirety to read as follows: CHAPTER 1 FID' n'DADTML`NT information as he may deem advisable or as may be required by the City Council or State fire marshal. 8-1-6: ACTING CHIEF; TERM AND LUTIES: In the absence or disability of the Chief, the next highest ranking officer in the Depart- ment, 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 emergency alarms are subject to disciplinary action. 8-1-8: LEAVES OF ABSENCE: A. Unrequested Leave: A firefighter who has not attended a drill or responded to an emer- gency alarm for at least thirty (30) days shall 3 g a be considered as being on unrequested leave d m _ any person of absence. The Chief shall notify by certified mail that their status as a fire- 3 1 be fighter will fully terminate if they have not w applied to the Chief for reinstatement within vx lief thirty (30) days from the date of the Chief's 3 letter. °T' B. Requested Leave: A firefighter, provided Id he he the request is made in writing to the Chief, ls0 he may take a leave of absence for up to one )3 year. If the person has not returned to active 8o or status after one year, Department member- is - ship shall be considered terminated, except 3Q to that the person may request his or her name ids be placed on the new firefighter waiting list IO f this erate, apter this ent Fire nce of a fire - City hall as ief ca- PARTMENT: fi- It shall be unlawful for any person to give or IB 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 e - Chief at a fire, to drive over a fire hose, or to interfere with the Fire Department in the �f discharge of its duties; and any person con- victed of violating this Section shall be guilty of a misdemeanor punishable in accordance with the law. SECTION 2. This ordinance shall be effec- tive upon its passage and following the selec- tion of a full time Fire Chief, but not later than December 31, 2003. ADOPTED this 21st day of January, 2003,0 by the City Council of the City of Lakeville,r Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T785 2/8/03 0 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ' ) SS County of Dakota ) ERIC OLSON, 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 331A.02, 331A.07 and other applic- able laws, as amended. (B)The printed Le46.)2___ which is attached was cut from the columns of said newspaper, and was printed and pub- lished once e » ..eicai.'' , for c . ^ first r I /,� C C rst published on Saturday, the (f t'�-� eyJ day of CAA/ , and was thereafter printed and published on every Saturda to and including suasarsive-weeks; it was 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: abcdefghijklmnopgrstuvwxyz BY: TITLE: General Manager Subscribed and sworn to before me on this 12f-/ day of Notary Public CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005