[Adopted 12-2-1969 by Ord. No. 363]
[Amended 5-5-1981 by Ord. No. 81-3]
A Fire Chief shall be elected every five years by the Board
of Fire Trustees and submitted to Borough Council for approval, said
Board representing the five fire companies of the Borough of Mahanoy
City. The Borough Council shall have the power to appoint the Fire
Chief.
When the Borough Council shall confirm the election aforesaid,
the person whose election is so confirmed shall act as and be the
Fire Chief.
Five Assistant Chiefs shall be elected annually, each fire company
to elect one from among its own members, to be designated as the First,
Second, Third, Fourth and Fifth Assistant Chiefs.
When the Borough Council shall confirm the election of said
Assistant Chiefs, the persons whose elections are so confirmed shall
act as and be the Assistant Chiefs.
The said Chief shall be elected every five years and may be
removed from office by the action of the Board of Fire Trustees, after
due hearing, for such causes as nonperformance of his duties, malfeasance
detrimental to the duties of his office, dereliction of his duties,
or for any other cause so deemed serious enough by the Board of Fire
Trustees and the Fire and Water Committee of Borough Council. If after
due hearing he is removed from office, his successor shall be duly
elected immediately upon his removal and the successor's name
shall be submitted for confirmation to Borough Council.
It shall be the duty of the Fire Chief to procure efficient
and united action of the fire companies for the speedy subduing of
fires; to see that the rules and regulations of the Borough concerning
fire companies are properly enforced; to inspect all fire apparatus
at least once a month and all fire hydrants at least semiannually
and report immediately all defects in the same to the Chairman of
the Fire and Water Committee; to prevent companies from going into
service when, in his judgment, they are not needed; to prevent the
unnecessary use of water and destruction of property; and to be present
at all fires.
The Fire Chief shall have power to direct the several fire companies
at all fires; to eject, dismiss or suspend from service at any fire
any Assistant Chief or any member of a fire company for disobedience
of his orders at a fire; to enter any premises for the purposes of
investigating the cause of or subduing a fire; to call to his assistance
the police force of the Borough or any citizen to maintain peace or
protect property at a fire; to prosecute in behalf of the Borough
any person for interfering with the fire companies at a fire or for
interfering with the fire hydrants or with any of the apparatus.
The Assistant Chiefs, fire patrolmen and fire companies and
firemen shall be subject to the authority and direction of the Fire
Chief at a fire. The Assistant Chiefs shall assist the Fire Chief
in the performance of his duties and shall have the power to eject,
dismiss or suspend from service at a fire any member of their respective
companies for disobedience to their commands at a fire.
If any fire company shall refuse to obey the orders or directions
of the Fire Chief or any of the Assistant Fire Chiefs acting in the
place of the Fire Chief during the latter's absence, the Fire
Chief or such Assistant Fire Chief may fine such company not less
than $10 nor more than $50 and report to the Board of Fire Trustees
the cause and circumstances for and under which the fine was imposed,
which fine shall be deposited in the treasury of the Board of Fire
Trustees. From a fine of $10, there shall be no appeal. From a fine
of more than $10, the company fined may appeal, in writing, to the
Board of Fire Trustees, which Board shall convene in extra session
within one week thereafter and give a fair and impartial hearing to
the company, and after hearing, the decision of the Board of Fire
Trustees, remitting the fine or refusing to remit the same, shall
be final.
The First Assistant Chief shall, in the absence of the Fire
Chief, have all the powers and perform all the duties of the Fire
Chief; and in the absence of the Fire Chief and the First Assistant
Chief, the Second Assistant Chief; and in the absence of the Fire
Chief and the First Assistant and Second Assistant Chiefs, the Third
Assistant Chief; in the absence of the Fire Chief and the First Assistant,
Second Assistant and Third Assistant Chiefs, the Fourth Assistant;
and in the absence of the Fire Chief, First Assistant, Second Assistant,
Third Assistant and Fourth Assistant, the Fifth Assistant Fire Chief
shall perform all the duties and have all the powers of the Fire Chief.
The Assistant Chief from the company of which the Fire Chief
is a member shall be designated as the Fifth Assistant Chief. The
rotation of Assistants shall proceed in the following order: Humane,
No. 1; Citizens, No. 2; Washington Hook and Ladder, No. 3; Good American,
No. 4; and West End, No. 5. Thus, as an example, if the Chief were
from the Good American, the First Assistant would be from the West
End and the Second Assistant would be from the Humane, etc. Each succeeding
year the Assistants as elected by their respective companies would
advance one rank in status.
The Fire Chief or any Assistant Chief acting in his absence
shall report any disobedience of a fireman or firemen to his orders
at a fire and all other misconduct of a fireman or firemen to his
orders at a fire and all other misconduct of a fireman or firemen
at a fire to the Board of Fire Trustees. Said Board shall investigate
the case and give the accused party or parties a fair trial, and if
the accused be found guilty by the Board, said fireman or firemen
shall be reported to the fire company or companies of which said party
or parties is or are members, there to be dealt with according to
the constitution and bylaws of said company or companies.
If the Fire Chief desires to be absent, he shall notify the
First Assistant Fire Chief of the time and duration of his proposed
absence.
[Amended 5-3-1983 by Ord. No. 83-4]
The Fire Chief, First Assistant Fire Chief, Second Assistant
Fire Chief, Third Assistant Fire Chief, Fourth Assistant Fire Chief
and Fifth Assistant Fire Chief shall receive such yearly salaries
from the Borough, which salaries shall be established by resolution
of the Borough Council.
This system shall become effective as of the first Council meeting
in June 1970.