[Amended 5-27-1980 by L.L. No. 5-1980[1]; 2-22-1983 by L.L. No. 3-1983; 2-14-1984 by L.L. No.
2-1984; 8-25-2008 by L.L. No. 9-2008[2]; 11-4-2008 by L.L. No. 10-2008]
There shall be a Fire Department, the head of which shall be
a Fire Commissioner, who shall be appointed by, and serve at the pleasure
of, the Mayor. The Commissioner so appointed shall have all the qualifications
and experience necessary for his/her office. In addition to such other
subordinates as may be provided him/her by law, the Fire Commissioner
may detail from among those holding the permanent rank of Assistant
Fire Chief, an Assistant Chief of Personnel, an Assistant Chief of
Operations and an Assistant Chief of Fire Prevention. Such Chiefs
may be returned to their permanent ranks by the Fire Commissioner
at any time, and such detail shall not be deemed a promotion. The
Fire Commissioner shall be the appointing authority with respect to
all sworn uniformed members of the Department.
[1]
Editor's Note: Sections 3, 4 and 5 of this local law provided
as follows:
"Section 3. Upon the adoption of this local law the office
of Fire Chief shall be deemed abolished.
"Section 4. Whenever the phrases, `Chief of Fire,' `Fire Chief'
or any word or combinations referring to said Chief appears in any
law, general, special or local, ordinance or resolution, it shall
be deemed a reference to the Fire Commissioner.
"Section 5. This local law shall take effect June 16, 1980."
[2]
Editor's Note: This local law was approved at referendum 11-4-2008.
The Fire Commissioner shall have cognizance, jurisdiction, supervision,
command and control of the government, administration, disposition
and discipline of the Fire Department and the officers and members
of the Fire Department, and he or she shall possess and exercise fully
all powers and perform all duties pertaining to the government, maintenance
and direction of said Department and the property thereof and buildings
furnished therefor, and he or she shall have the general direction
and supervision of the expenditure of all money appropriated to said
Department. The Fire Commissioner shall be responsible to the Mayor
for the conduct of all affairs with the Fire Department, and he or
she shall possess such other powers and perform such other duties
as may be prescribed by law.
[1]
Editor's Note: Sections 3, 4 and 5 of this local law provided
as follows:
"Section 3. Upon the adoption of this local law the office
of Fire Chief shall be deemed abolished.
"Section 4. Whenever the phrases, `Chief of Fire,' `Fire Chief'
or any word or combinations referring to said Chief appears in any
law, general, special or local, ordinance or resolution, it shall
be deemed a reference to the Fire Commissioner.
"Section 5. This local law shall take effect June 16, 1980."
[Amended 5-27-1980 by L.L. No. 5-1980; 11-4-2008 by L.L. No.
10-2008]
The Fire Commissioner shall make, adopt and enforce such reasonable
rules, orders and regulations, not inconsistent with law, as may be
reasonably necessary to effect a prompt and efficient exercise of
all the powers conferred and the performance of all duties imposed
by law upon the Commissioner or the Fire Department. The Commissioner
is authorized and empowered to make, adopt, promulgate and enforce
reasonable rules, orders and regulations for the government, discipline,
administration and disposition of the officers and members of the
Fire Department. All rules, orders and regulations issued heretofore
by the Fire Commissioner in regard to the Fire Department and in effect
immediately prior to the enactment of this local law shall continue
in full force and effect as rules, orders and regulations of the Fire
Commissioner until such time as they are amended, superseded or rescinded
by him or her.
[Amended 2-22-1983 by L.L. No. 3-1983; 11-4-2008 by L.L. No.
10-2008]
Discipline in the Fire Department, City of Yonkers, shall be
in accordance with the rules and procedures prescribed in § 75
of the Civil Service Law of the State of New York and any and all
other rules, regulations, ordinances, local laws not inconsistent
therewith. Said discipline shall include all formal charges made,
prepared or preferred against any officer or member of the Fire Department,
City of Yonkers, for neglect of official duty or incapacity to perform
his or her official duties or some delinquency seriously affecting
his or her general character or fitness for the office. Nothing contained
herein shall prevent the disposition of minor derelictions of duty
pursuant to the rules and regulations of the Fire Department, City
of Yonkers.
[Amended 5-27-1980 by L.L. No. 5-1980]
No person shall be appointed to membership in the Fire Department
of the city or continue to hold membership therein who is not a citizen
of good moral character or who has ever been convicted of a felony.
The Fire Commissioner shall make all promotions and changes of status
of the officers and members of the Fire Department in accordance with
the provisions of the Civil Service Law of the state, except as otherwise
provided herein. In making promotions, seniority and superior capacity,
as shown by competitive examination, shall be taken into account.
[Amended 5-27-1980 by L.L. No. 5-1980]
No member of the Fire Department shall receive any present or
reward for services rendered or to be rendered, unless with the approval
of the Fire Commissioner, upon application in writing filed with the
Fire Commissioner, and any such member who shall receive any fee or
reward in violation of this section shall be subject to disciplinary
proceedings.
A.Â
The minimum salaries, wages or compensation of members of the Fire
Department in the respective amounts as set forth in the schedule
attached to the labor contracts in force at the time this Article
takes effect are hereby continued.
B.Â
The City Council shall have and retain power to fix salaries, wages
or compensation of members of the Fire Department at amounts different
than those in force when this Article takes effect. The City Council
may create new positions in the Fire Department constituting positions
other than those referred to in said schedule or those now existing
and other than positions of the rank, class, grade or title specified
in said schedule or now existing, and the Mayor shall have power to
fix the salaries of such new positions, subject to any limitations
which the City Council may impose, and the Mayor may recommend any
changes in salaries and any such new positions.
[Amended 11-4-2008 by L.L. No. 10-2008]
[Added 9-15-1977 by L.L. No. 8-1977]
Notwithstanding the provisions of Local Law No. 2-1947 to the
contrary, the minimum age requirement for members of the Department
shall be eighteen (18) years of age; provided, however, that an applicant
who is within six (6) months of this minimum age requirement shall
not be prohibited from taking any competitive examination.
