[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.