[Adopted 7-12-1999 by Ord. No. 2183]
The Whitehall Township Fire Department (the
"Department") is hereby recognized and shall consist of such individuals
who are at least 18 years of age and fire companies as have been and
may be admitted to the Department and such fire apparatus and fire
equipment as may be acquired for or added to the Department from time
to time by the Township Board of Commissioners.
Any individual at least 18 years of age desiring
to be admitted to one of the recognized volunteer fire companies,
shall apply to the Board of Directors of that company for such admission.
The Board of Directors shall admit to membership all those applicants
who are at least 18 years of age, who meet minimum qualifications
as determined by that company, who will obey and be governed and abide
by all the laws, ordinances and regulations of the Department and
all orders of the Fire Chief.
All existing volunteer fire companies shall
continue to be recognized by the Township. In addition, any newly
established fire company, which has been duly organized hereafter,
desiring to be admitted to the Department shall apply to the Board
of Commissioners for admission, and if so admitted shall, through
its President and Secretary, sign an agreement (duly authorized by
resolution of said company properly passed at a regular meeting of
said company and shall be placed upon its minutes) that is and all
its members will obey and be governed and abide by all the laws, ordinances
and regulations of the Township for the government of said Department
and all orders of the Fire Chief. When so admitted, the Township shall
determine what area, duties and supplies or equipment shall be allocated
to such new company.
A.
Appointments. The Mayor, with the approval of the
Board of Commissioners by a majority vote of the total number thereof,
shall appoint one person to be known as the Chief of the Fire Department
of the Township of Whitehall (the "Fire Chief"). Said person shall:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1)
Be able and competent to fulfill the prerequisite qualifications as established in Subsection B below.
(2)
Perform the duties set forth in the job description
for the position as amended from time to time.
(3)
Pass a noncompetitive examination administered by
an outside professional testing agency (such examination shall test
general firefighting knowledge).
(4)
After an offer and acceptance of employment, pass
a physical examination.
B.
Prerequisite qualifications. All applicants for the
position of Fire Chief shall at the time of application (unless another
time period is specifically set forth herein):
(1)
Have a current and valid Pennsylvania drivers license
and commercial drivers license or secure same within six months of
being hired.
(2)
Have no felony convictions or disqualifying criminal
histories within the past seven years.
(3)
Be able to read, write and communicate effectively
in the English language.
(4)
Be able to obtain the necessary NFPA (National Fire
Protection Association) certification required for a fire chief.
(5)
Have seven years experience in fire service work,
three years of which must have been equivalent to fire lieutenant
or higher.
(6)
Have earned a high school diploma or equivalent.
(7)
Completion of training.
(a)
Have satisfactorily completed training in the following
areas:
(b)
In the event that the applicant has not satisfactorily completed training in Subsection B(7)(a)[4] and/or [8], the applicant will be given one year (with diligent effort) after the offer and acceptance of employment to satisfactorily complete such training.
(8)
Have completed of all such requirements necessary
to perform fire inspections and code compliance reviews on behalf
of the Township.
(9)
All documents supporting an applicant's satisfaction
of the above requirements (including written certifications provided
by the issuing authority with respect to satisfactory completion of
training) must be provided to the Township, shall be authenticated
by the Township and shall be maintained in the applicant's personnel
file.
C.
Compensation. The salary of the Fire Chief shall be
in accordance with the applicable salary guide for nonunion employees
of the Township. The position of Fire Chief shall be deemed a full-time
position, unless subsequently established to be less than a full-time
position by the Board of Commissioners.
D.
Removal of Fire Chief during term.
(1)
The Fire Chief shall serve during good behavior and
satisfactory service and shall not be removed from office during his
or her term, except for cause.
(2)
For the purposes of this Subsection D the term "cause" shall be deemed to mean misfeasance or malfeasance related to office, conviction of a crime of the third degree or above, a crime involving moral turpitude, or continual neglect of duty or failure to satisfy the qualifications in Subsection B above.
(3)
In the event that cause for removal is alleged against
the Fire Chief, the Fire Chief shall have an opportunity to respond
to such written charges at a hearing before the Board of Commissioners
conducted pursuant to the provisions of the Local Agency Law (2 Pa.C.S.A.
§ 551 et seq.).
(4)
Removal of the Fire Chief shall occur only upon the
affirmation vote by a majority vote of the total number of Board of
Commissions following a hearing.
(5)
In the event of death or removal of the Fire Chief,
the Deputy Chief/Fire Marshall will take control and act as the interim
fire chief until a new chief is appointed and approved.
The Fire Chief shall:
A.
Superintend and direct the operations of the several
fire companies of the Department.
B.
Have full control of all fire personnel and fire apparatus;
issue and enforce all such orders as, in his judgment, may be best
calculated for the protection of life and property, the extinguishment
of fires and the welfare of the public and the Department.
C.
Enforce all rules and regulations of the Department
and all laws and ordinances pertaining thereto.
D.
Make monthly reports and recommendations for the preceding
month to the Mayor, giving a full statement of the conditions of the
Department, together with a statement of all fires and the origin
of the same and the money expended by the Departments.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
E.
Report promptly to the Mayor any appointee or member
of the Department whom the Fire Chief has suspended for disobeying
orders or for violating any of the laws, ordinances, rules or regulations
governing the Department, and any person so suspended shall not be
permitted to act or to help at any fire or to operate or handle any
fire apparatus until such suspension shall have been removed by the
Mayor or by the Fire Chief.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
G.
Establish policies and procedures for the Department
in order to implement directives from the Mayor.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
H.
Supervise the personnel directly and other volunteer
Department staff and officers through subordinate officers, if any;
address grievances and maintain the departmental morale.
I.
Plan and implement programs for the Township in order
to better carry out the Township's policies and goals relating to
fire prevention, review Departmental performance and effectiveness
and formulate programs or policies to alleviate deficiencies.
J.
Supervise and coordinate the preparation and presentation
of an annual budget for the Fire Department, direct the implementation
of the several fire companies' budgets, plan for and review specifications
for new or replaced equipment.
K.
Provide public education in fire prevention, including
giving presentations and demonstrations before community groups, schools
and other organizations or institutions.
L.
Direct the operation of departmental in-service training
activities.
M.
Control the expenditure of departmental appropriations.
The Assistant Fire Chiefs, if any, shall act
and perform in their several districts in the absence of the Fire
Chief such duties as are required of the Fire Chief, but only in their
several districts and only in the absence of the Fire Chief.
The Fire Chief is hereby authorized, empowered
and directed to appoint for each fire company having fire apparatus,
persons who shall be members of the said company, as driver-operators
of such apparatus, all of whom shall be sober and competent and able
to operate the apparatus when appointed and during the term of their
appointment.
Drivers shall be under the direction and control
of the Fire Chief, and in his absence they shall be under the direction
and control of an Assistant Fire Chief or Deputy Chief/Fire Marshall
in the district in which they are located or are operating.
The driver-operators shall each serve until
the first Monday of January of the first even-numbered year succeeding
their appointment, at which time the Fire Chief shall appoint their
successors from a list of names approved by the Board of Directors
of the individual fire companies.
Except in case of fire or other emergency, or
for approved fund-raising or public relations, the fire apparatus
shall not be taken out of the fire house without permission of the
Fire Chief or the Assistant Chief in charge of a particular company.
Any driver violating this provision is subject to immediate dismissal.
Any chief driver or assistant driver may be
removed from that position at any time by the Fire Chief for incompetence
or misconduct and a successor to take his place shall be appointed
as provided in this Part 1.
A copy of this Part 1 be posted in each fire
house.
The Whitehall Township fire companies are hereby
authorized and empowered to nominate members to serve as fire police
within the Township on the first regular meeting in February of each
even numbered year. After so nominating, the companies shall submit
these names to the Board of Commissioners for confirmation. When so
confirmed and sworn, the fire police shall be authorized to enter
upon their duties as outlined herein, and when displaying a badge
of authority, shall have full power to regulate traffic and keep crowds
under control at or in the vicinity of any authorized fire activity
and to exercise such other police powers as are necessary in order
to facilitate and prevent interference with the work of firemen extinguishing
fires. In addition, the confirmed fire police shall have all police
powers necessary to perform their duties when functioning as special
fire police at parades, accidents, floods or other emergencies or
at any public function conducted by or under the auspices of any volunteer
fire company, at the request of the Chief of Police or Fire Chief
of said municipality, and when so functioning as special fire police,
shall be deemed to be performing the duties of their employment.
A.
Officers of Fire Police Association. The Captain of
the Fire Police shall be nominated by the fire police membership and
approved by the Board of Commissioners at the first regular meeting
in February of each even-numbered year. The Captain of the Fire Police
shall serve for a period of two years, with approval of the Board
of Commissioners.
B.
Qualifications of Captain of Fire Police. The Captain
of the Fire Police must have the ability to effectively give orders,
direct personnel, evaluate information and allocate resources to respond
to a variety of emergency situations encountered by the fire department.
Applicants for the position of the Captain of the Fire Police shall
possess the following qualifications:
(1)
Be an adult, over the age of 21 years.
(2)
Have a current and valid Pennsylvania drivers license.
(3)
Have no felony convictions or disqualifying criminal
histories within the past seven years.
(4)
Have five years experience in fire police work.
(5)
Be able to read, write and communicate effectively
in the English language.
(7)
Shall not be a member of the Whitehall Township Board
of Commissioners.
(8)
All documents supporting an applicant's satisfaction
of the above requirements (including written certifications provided
by the issuing authority with respect to satisfactory completion of
training) must be provided to the Township, shall be authenticated
by the Township and shall be maintained in the applicant's personnel
file.
C.
Staff officers of Fire Police. On the first regular
meeting in February of each even-numbered year, after being appointed
by the Board of Commissioners, the Captain of the Fire Police shall
appoint his or her staff of officers from the fire police membership
for a period of two years as follows: one deputy captain, two lieutenants,
three sergeants.
Fire police so appointed when in attendance
at a fire, or when such special fire police are on special duty as
hereinbefore provided, shall have the same power and authority in
the whole of the township, town or municipality as they would have
in Whitehall Township.
The fire police herein provided for shall have
only those powers and authority as spelled out in this Part 1 or as
may be specially conferred upon them by the Board of Commissioners.
The fire police herein provided for shall meet
at the first regular meeting in February of each even-numbered year
for organizing and at such other times as the Captain of the Fire
Police may determine.
A.
The members of the fire police and the Captain of
the Fire Police shall serve during good behavior and satisfactory
service and shall not be removed from office during his or her term
except for cause.
B.
For the purposes of this section, the term "cause" shall be deemed to mean misfeasance or malfeasance related to office, conviction of a crime of the third degree or above, a crime involving moral turpitude or continual neglect of duty or failure to satisfy the qualifications in § 7-14B.
C.
Any charges against an individual member of the fire
police shall be reviewed by the Captain of the Fire Police with recommendations
of such charges being referred to the Fire Chief and/or Mayor for
such disciplinary actions as may be necessary, which could lead to
a suspension or dismissal from the fire police. The individual member
of the fire police shall have an opportunity to respond to such disciplinary
action at a hearing before the full Board of Commissioners conducted
pursuant to the provisions of the Local Agency Law (2 Pa.C.S.A. § 511
et seq.).
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
D.
In the event that cause for removal is alleged against
the Captain of the Fire Police, the Captain shall have an opportunity
to respond to such written charges at a hearing before the full Board
of Commissioners conducted pursuant to the provisions of Local Agency
Law (2 Pa.C.S.A. § 551 et seq.).
