Village of Scottsville, NY Chapter 18 Fire and Emergency Medical Services Departments

[HISTORY: Adopted by the Board of Trustees of the Village of Scottsville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Ambulance services — See Ch. 5.

Article I Selection, Appointment and Terms of Department Heads and Officers

[Adopted 2-12-2013 by L.L. No. 2-2013]

§ 18-1 Legislative Intent.

It is the intent of this article to provide a fair and equitable selection process of the most qualified person(s) for the department heads and officers of the Village Fire and Emergency Medical Services Departments.

§ 18-2 Title.

"A local law establishing selection, appointment and term of office for officers of the Fire and Emergency Medical Services Departments of the Village of Scottsville."

§ 18-3 Purpose.

The purposes of this chapter are to provide for the health, safety and welfare of the residents of the Village and those served by the Village Fire and Emergency Medical Services Departments. Fire and emergency medical services are vital and needed services to the community; a critical element in the functioning and delivery of these services is a well qualified and capable leadership team. This article details the selection process and terms of the ranking positions within the departments and clarifies the powers and duties of the department chiefs.

§ 18-4 Fire Chief.

The Fire Chief shall be the department head and executive officer of the Fire Department and shall be solely responsible for the supervision and maintenance of the Fire Department. The Fire Chief shall make such rules and regulations and issue such orders as are consistent with state laws, ordinances of the Village of Scottsville, and from time to time be necessary for the best interest of the Department.

A. Appointment of a volunteer Fire Chief. Village Law § 10-1012 is hereby superseded insofar as the Fire Chief is elected by the membership. The Fire Chief, if a volunteer, shall be appointed by the Village Board. The Fire Chief shall be appointed by, and shall serve at the discretion of, the Village Board. Qualifications for the Chief shall be established by the Village Board. Fire Department members wishing to be considered for the Chief position shall submit a letter of intent and their qualifications to the Village Clerk not later than March 1 of the year. The Mayor and a Selection Committee appointed by the Board shall review qualifications and interview any candidate. A recommendation shall be made to the Village Board at the May Village Board meeting. The Village Board may then select from any qualified candidates the candidate that in their judgment is most qualified in their judgment for the position. If no candidate is selected, the Village Board may by motion post or advertise for the position. Nothing in this chapter shall be interpreted to prevent the hiring of a paid Fire Chief or to require the appointment of a volunteer Fire Chief.

B. Term of office. If a volunteer, the Fire Chief shall be appointed by the Village Board for a term of three one-year renewable terms at the option of the Village Board. The term of office shall be from June 1 of each year until May 31 or until a successor is appointed. If a volunteer, the Fire Chief shall be subject to removal pursuant to General Municipal Law § 209-l.

C. Supervision. As the administrative department head of the Fire Department, the Fire Chief shall be supervised by the Village Mayor.

D. Powers. The Fire Chief shall have the powers and duties established by New York State Village Law § 10-1018, except that administrative rules and regulations promulgated by the Fire Chief shall not be effective until approved by the Village Board.

(1) Duties. The duties of the Fire Chief shall, in addition to those provided by law, be to:

(a) Supervise the activities and the operations of the Fire Department.

(b) Establish Fire Departmental rules, regulations and standard operating procedures.

(c) Provide the Village Mayor with an annual report of the Fire Department's activities for the past year and plans for development or improvement for the next year.

(d) Recommend ordinances or amendments thereto in order to protect life and property.

(e) Perform such other duties as may be prescribed by the Mayor.

(f) The Fire Chief shall abide by a written job description approved by the Village Board which may be amended from time to time. Such amendment shall not be final until it is approved by the Village Board without legislative action.

(g) The Fire Chief, with the approval of the Village Mayor, may negotiate and authorize mutual aid agreements and arrangements with the municipal officers or appropriate Fire Department officials.

(h) The Fire Chief shall develop an annual departmental budget and submit it to the Village Board for review.

(i) Be responsible for compliance with federal, state and local regulations, policies and procedures.

(2) Supervisory responsibilities. The Fire Chief shall supervise all members of the Village Fire Department at such times while the Department and its members are on duty.

E. Line officers. Village Law § 10-1010 is hereby superseded. Qualifications for Assistant Chiefs and Fire Line Officers shall be established by the Village Board. The Mayor and a Qualification Committee appointed by the Board shall then review and verify qualifications and shall determine which applicants are qualified. Active volunteers with the Fire Department desiring to be considered for a Fire Line Officer position shall submit a letter of intent with their qualifications to the Village Clerk not later than March 1 of the year. The membership of the Fire Department shall be notified of the interested applicants and shall submit nominations of one candidate for each position to the Village Board. The nomination shall be conducted by written ballot, with the nominee being the candidate receiving a majority vote of the votes cast by the active members (abstentions shall not be counted). Probationary members shall not vote. The nominations shall be forwarded to the Village Board for consideration. The Mayor and a Selection Committee appointed by the Village Board shall review and may interview the nominees. Recommendations from the Selection Committee shall be made to the Village Board at the May Village Board meeting. The Village Board may then select from any qualified candidates, including the individual(s) not receiving the recommendation of the Committee, that individual who in the Board's judgment is most qualified in their judgment for the position. In the event that no candidate is deemed acceptable to the Village Board, the Village Board may take such action as it deems reasonable to fill the vacancy. The Selection and Qualification Committees may be of any size and composed of any person(s) the Board selects and shall have full access to such records of the Department as needed.

F. Term of office. Assistant Chiefs and Line Officers shall be appointed by the Village Board for a term of one year. The term of office shall be from June 1 of each year until May 31 and shall continue until a successor for the positions has been confirmed by the Village Board.

G. The Fire Chief and/or Village Board shall have the authority to appoint such Fire Department Officers as may be needed in case of vacancy of a position during a term, for the support and special functions of the Fire Department, including but not limited to one or more Training Officer(s), Safety Officer(s), Incident Safety Officer(s), Maintenance Officer, Health and Safety Officer, Quartermaster, quality assurance, and administrative support positions from within the Fire Department membership and create other positions deemed necessary for the proficient working and support of the Fire Department and may assign such duties or powers as needed. The term of these individuals shall normally be one year unless otherwise approved by the Village Board and shall continue until a successor for the positions has been appointed. These individuals shall hold these positions at the pleasure of the Fire Chief for those appointed by the Fire Chief or Village Board for those appointed by the Village Board. The Fire Chief shall report his/her appointments to the Village Mayor in writing within 10 days of the appointment; any appointees may assume duties upon appointment, pending confirmation by the Village Board at its next meeting.

H. Removal. Removal of the Fire Chief, the Assistant Chief(s) and any line officers shall be in accordance with General Municipal Law § 209-l.

§ 18-5 EMS Chief.

The Emergency Medical Services (EMS) Chief shall be the department head and executive officer of the EMS Department and shall be solely responsible for the operations, supervision and maintenance of the Emergency Medical Services Department. The EMS Chief shall make such rules and regulations and issue such orders as are consistent with state laws and ordinances of the Village of Scottsville and from time to time be necessary for the best interest of the Department.

A. Appointment. The EMS Chief shall be appointed by the Village Board. The EMS Chief shall be appointed by, and shall serve at the discretion of, the Village Board. If the position is to be held by a volunteer, the EMS Chief need not be a member of the EMS Department at the time of appointment but shall join and be accepted as an active volunteer member of the EMS Department. Qualifications for the EMS Chief shall be established by the Village Board. EMS Department members wishing to be considered for the EMS Chief position shall submit a letter of intent and their qualifications to the Village Clerk not later than March 1 of the year. The Mayor and a Selection Committee appointed by the Village Board shall review and may interview any candidate and shall deem each applicant qualified or not qualified. The Selection Committee shall make a recommendation to the Village Board from among the qualified candidates at the May Village Board meeting. The Village Board may then select from any qualified candidates, including the individual(s) not receiving the recommendation of the Committee, that individual who in the Board's judgment is most qualified in their judgment for the position. In the event that no candidate is deemed acceptable to the Village Board, the Village Board may take such action as it deems reasonable to fill the vacancy.

B. Term of office. The EMS Chief shall be appointed by the Village Board for three one-year terms renewable at the option of the Village Board. The term of office shall be from June 1 of each year until May 31 and shall continue until a successor for the position has been confirmed by the Village Board.

C. Supervision. As the administrative department head of the EMS Department, the EMS Chief shall be supervised by and shall report to the Village Mayor.

D. Powers. The EMS Chief shall be ultimately responsible for the operation of the Emergency Medical Services Department. Any rules or policies implemented by the EMS Chief shall not be enforceable until accepted by the Village Board.

(1) Duties. The duties of the EMS Chief shall be to:

(a) Supervise the activities and the operations of the EMS Department.

(b) Establish EMS Departmental rules, regulations and standard operating procedures, subject to the approval of the Village Board.

(c) Provide the Village Mayor with an annual report of the EMS Department's activities for the past year and plans for development or improvement for the new year.

(d) Recommend ordinances or amendments thereto.

(e) Perform such other duties as may be prescribed by the Village Mayor or as are required of an ambulance service by state law.

(f) The EMS Chief shall abide by a written job description approved by the Village Board, as amended from time to time. Such amendment shall be approved by the Village Board without legislative action.

(g) The EMS Chief, with the approval of the Village Mayor, may negotiate and authorize mutual aid agreements and advanced life support first response and intercept agreements, with the municipal officers, owners or operators of such ambulances and/or advanced life support first response/intercept services or appropriate Fire Department officials.

(h) The EMS Chief shall develop an annual departmental budget and submit it to the Village Board for review.

(i) Be responsible for compliance with federal, state and local regulations, policies and procedures.

(j) Be responsible for overseeing and implementing the emergency medical services operations at any event under the Village's control or authority and shall be Incident Commander of any emergency medical event.

(2) Supervisory responsibilities. The EMS Chief shall supervise all members of the Village EMS Department.

E. Line officers. Line officer positions and the qualifications for such positions shall be established by the Village Board. The Mayor and a Qualification Committee appointed by the Board shall then review and verify qualifications and shall determine which applicants are qualified. Active volunteers with the EMS Department desiring to be considered for an EMS Line Officer position shall submit a letter of intent with their qualifications to the Village Clerk not later than March 1 of the year. The membership of the EMS Department shall be notified of the interested applicants and shall submit nominations of one candidate for each position to the Village Board. The nomination shall be conducted by written ballot, with the nominee being the candidate receiving a majority vote of the votes cast by the active members (abstentions shall not be counted). Probationary members shall not vote. The nominations shall be forwarded to the Village Board for consideration. The Mayor and a Selection Committee appointed by the Village Board shall review and may interview the nominees. Recommendations from the Selection Committee shall be made to the Village Board at the May Village Board meeting. The Village Board may then select from any qualified candidates, including the individual(s) not receiving the recommendation of the Committee, that individual who in the Board's judgment is most qualified in its judgment for the position. In the event that no candidate is deemed acceptable to the Village Board, the Village Board may take such action as it deems reasonable to fill the vacancy. The Selection and Qualification Committees may be of any size and composed of any person(s) the Board selects and shall have full access to such records of the Department as needed.

F. Term of office. EMS Line Officers shall be appointed by the Village Board for a term of one year. The term of office shall be from June 1 of each year until May 31 and shall continue until a successor is appointed.

G. The EMS Chief and/or Village Board shall have the authority to appoint such EMS Department Officers as may be needed in case of vacancy of a position during a term, for the support and special functions of the EMS Department, including but not limited to one or more Training Officer(s), Safety Officer(s), Incident Safety Officer(s), Maintenance Officer, Health and Safety Officer, Quartermaster, quality assurance, and administrative support positions from within the EMS Department membership and create other positions deemed necessary for the proficient working and support of the EMS Department and may assign such duties or powers as needed. The term of these individuals shall normally be one year unless otherwise approved by the Village Board and shall continue until a successor for the positions has been appointed. These individuals shall hold these positions at the pleasure of the EMS Chief for those appointed by the EMS Chief or Village Board for those appointed by the Village Board. The EMS Chief shall report his/her appointments to the Village Mayor in writing within 10 days of the appointment; any appointees may assume duties upon appointment, pending confirmation by the Village Board at its next meeting.

H. Removal and suspension. The Village Board may remove the EMS Chief or line officer from office for reasons of misconduct, insubordination or incompetence. General Municipal Law § 209-l shall serve as a guide to the Board for the process to follow for removal or suspension.

§ 18-6 Fire company bylaws.

The bylaws shall not conflict with these chapter provisions.

§ 18-7 Eligibility to vote on nominations.

All active, nonprobationary Fire Department and EMS Department members are eligible to vote on officer nominations for their respective Department officers, Fire Department for Fire Department and EMS for EMS Department.