There shall be a Fire Department, the head of which may be the
Fire Director. Within the Fire Department, there may be a Fire Chief,
who shall be responsible for the day-to-day operations of the Fire
Department. The Fire Chief may be appointed to serve as Fire Director,
with or without additional compensation.
The Fire Department, as heretofore authorized, organized and
administered pursuant to ordinance not inconsistent with the Charter
and Code, is continued.
The Fire Department, under the administrative direction and
supervision of the Fire Director, shall:
A. Have exclusive jurisdiction over the control, fighting and extinguishment
of any conflagration which occurs within the City limits.
B. Provide firefighting services and facilities for the protection of
life and property within the City and in accordance with such mutual
aid agreements as may be enforced.
C. Operate, repair and maintain a fire alarm signal system.
D. Investigate the cause, circumstances and origin of fires and report
to the County Prosecutor every case of suspicion of arson.
E. Maintain and administer a fire prevention and fire safety inspection
service for the City.
Under the administrative supervision of the Fire Director, the
Fire Chief shall make and enforce rules and regulations for the control,
disposition and discipline of the Department and its officers and
employees, for their training and efficiency and for the use and care
of equipment and apparatus.
Except as otherwise provided by law, no permanent member or
officer of the Fire Department or force shall be removed from his
office, employment or position for political reasons or for any cause
other than incapacity, misconduct or disobedience of rules and regulations
established for the government of the Fire Department and force; nor
shall the member or officer be suspended, removed, fined or reduced
in rank from or in office, employment or position therein, except
for just cause as hereinbefore provided and then only upon a written
complaint setting forth the charge or charges against such member
or officer.
A. Complaint; notice of hearing. The complaint shall be filed with the
Chief of the Department, and a copy shall be served upon the member
or officer so charged, with notice of a designated hearing thereon
by the Employee Hearing Board which shall be not less than 15 nor
more than 30 days from date of service of the complaint.
B. Failure to comply. A failure to comply with the provisions as to
the service of the complaint shall require a dismissal of the complaint.
In addition to the hearing, the officer so charged shall supply a
written answer to the complaint to the Chief of the Department.
C. Hearing outside jurisdiction of Employee Hearing Board. Notwithstanding
any of the provisions hereinbefore enumerated, whenever it is the
determination of the Fire Director Safety that charges should be brought
against an employee within the Fire Department which, in his opinion,
are of a nature that would subject the employee to a maximum penalty
of suspension or loss of pay for five working days or less, then and
in that event the Fire Director may file such charges against the
employee and hold a hearing with respect to such charges without the
necessity of filing such charges with the Employee Hearing Board.
In such case, the Employee Hearing Board shall have no jurisdiction
with respect to these charges.