[HISTORY: Adopted by the City Council of the City of Lake
Mills as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fires and fire prevention — See Ch. 362.
[Adopted 12-15-2009 by Ord. No. 1054 as Title 9, Ch. 1, Secs. 9-1-1 through
9-1-7, of the 2009 Code of Ordinances]
The Lake Mills Fire Department consists of a Fire Chief, and
such number of officers and firefighters as shall from time to time
be provided for by the City Council and appointed by the Fire Chief.
The Department is organized under Wis. Stats. § 62.13, and
it operates pursuant to the laws of the State of Wisconsin and ordinances
of the City of Lake Mills, under the direct supervision of the Fire
Chief, who is responsible for the program of fire defense and prevention
for the citizens and property within the City and within any areas
outside the City that are subject to fire service contracts.
A.
The Fire Department of the City of Lake Mills shall be comprised
of a combination of paid and voluntary paid-on-call personnel with
salaries, benefits, expenses, and payments to be determined from time
to time by the City Council.
B.
The Fire Department of the City of Lake Mills shall consist of a
Fire Chief, who shall be the head of the Department and who shall
be subject to the general supervision of the City Manager, who may
issue lawful orders to the Chief, and who shall follow the chain of
command in supervising the Chief by:
(1)
Upholding the Chief's authority as the head of the Department;
(2)
Working with the Chief on any and all issues related to the Department;
and
(3)
Working with subordinate officers or firefighters within the Department
with the knowledge and consent of the Chief and with the express and
specific authorization of the Chief.
C.
The Chief shall appoint such deputies, Assistant Chiefs, Captains,
and Lieutenants as determined to be in the best interests of the Department,
provided funding has been appropriated by the Council for such positions.
The appointments of any such subordinate officers are subject to approval
by the Board of Police and Fire Commissioners.
D.
The Chief shall appoint volunteer paid-on-call firefighters as determined
to be in the best interests of the Department and such appointees
are subject to the approval of the Board of Police and Fire Commissioners.
A.
The Board of Police and Fire Commissioners is established and operated under the provisions of Chapter 27, Boards, Committees and Commissions, Article VI, Board of Board of Police and Fire Commissionersers, of the Code of the City of Lake Mills and Wis. Stats. § 62.13. In addition, the Board of Police and Fire Commissioners shall:
(1)
Appoint the Fire Chief, who shall serve an indefinite term unless
removed by the Board of Police and Fire Commissioners under procedures
established herein and under the authority of Wis. Stats. § 62.13(5).
(2)
Confirm the appointment of appointees of the Fire Chief, provided
such appointments are in compliance with the Rules of the Board of
Police and Fire Commissioners, and provided appropriations for all
such positions have been made by the Council.
B.
The Board of Police and Fire Commissioners has the authority to suspend,
reduce in rank, suspend and reduce in rank or remove the Chief or
any member of the Department for just cause after hearing on charges
filed by the Commission, the Chief, or any aggrieved person in accordance
with the procedures of Wis. Stats. § 62.13(5), and in accordance
with written rules established by the Commission. The Commission may
also suspend the Chief, officer or firefighter pending disposition
of charges filed.
C.
The City Manager may not file charges with the Board of Police and
Fire Commissioners regarding the Fire Chief unless any and all such
information supporting such charges has been investigated by the City
Attorney, or in the case of a conflict of interest found to exist
by the City Attorney, by a special counsel for labor and employment
law, as authorized by the City Council. If adequate appropriations
have been made in the City Attorney's budget for the special
counsel's fees, then no specific authorization for the special
counsel is needed from the Council before the City Attorney may authorize
the use for the special counsel's services, if such need exists.
No charges may be filed unless they are found to be based on probable
cause, and unless such pending charges have been prepared in writing
by the City Attorney or the special counsel.
D.
When charges may be warranted, the City Manager may not file charges
with the Board of Police and Fire Commissioners regarding any other
officer or firefighter in the Department, unless:
(1)
The special counsel for labor and employment law has made a finding
that the Fire Chief is incompetent to file such charges against such
subordinate due to a conflict of interest;
(2)
Any and all information supporting such charges against a subordinate
or officer, other than the Chief, has been investigated by the special
counsel for labor and employment law; and
(3)
Any such pending charges have been found by the special counsel to
be based on probable cause and such charges have been prepared in
writing by the special counsel.
E.
The Fire Chief may not file charges with the Board of Police and
Fire Commissioners regarding any officer or firefighter unless any
and all such information supporting such charges has been investigated
by the City Attorney, or in the case of a conflict of interest found
to exist by the City Attorney, then by the special council for labor
and employment law, as funded or authorized by the City Council. No
charges may be filed unless they are found by the City Attorney or
special counsel to be based on probable cause, and unless such pending
charges have been prepared in writing by the City Attorney or special
counsel.
F.
Notwithstanding the foregoing subsections, the City Manager may discipline
the Fire Chief, and the Fire Chief may discipline subordinates, for
violations of state statutes or regulations, or this article, or for
violations of the written rules, policies and standard operating guidelines
of the Department, without filing charges with the Board of Police
and Fire Commissioners and without consulting with the City Attorney
or special counsel, if such discipline is not intended to rise to
the level of becoming a matter under the jurisdiction of the Board
of Police and Fire Commissioners. A matter falling within the jurisdiction
of the Board of Police and Fire Commissioners is any discipline that
may result in suspension, reduction in rank, or removal, after the
filing of charges, a hearing and a finding by the Board of Police
and Fire Commissioners that just cause under Wis. Stats. § 62.13(5)
has been met.
G.
If either the City Manager or Fire Chief chooses to exercise authority to discipline under Subsection F of this section, no subject of such discipline may be threatened with demotion, suspension, removal or charges being filed before the Board of Police and Fire Commissioners for the conduct giving rise to the particular disciplinary action.
A.
Head of Department. The Fire Department shall be under the direction of the Fire Chief, subject to the City Manager's general supervision within the chain of command, as provided in § 96-2B, and subject to the lawful orders of the City Manager.
B.
Appointment; removal. The Chief of the Lake Mills Fire Department
shall be appointed by the City of Lake Mills Board of Police and Fire
Commissioners for an indefinite term, subject to suspension, reduction
in rank, or removal by the Commission for just cause under Wis. Stats.
§ 62.13(5) and the rules and regulations of the Commission.
The Chief shall be selected on the basis of demonstrated qualifications
in fire prevention, control and management.
C.
Duties and responsibilities. The Chief shall have the following duties
and responsibilities:
(1)
To appoint, assign and promote individuals to Deputy Chief, Assistant
Chief, Captain, Lieutenant, and paid-on-call volunteer firefighter
within the Department in accordance with Wis. Stats. § 62.13,
the appropriations necessary to fund such positions, the rules and
regulations of the Commission, and the written policies and procedures
of the Department. Appointments of Deputy Chief, Assistant Chief,
and any officer shall be made by promotion when this can be done to
advantage. All appointments and promotions are subject to the approval
of the Commission.
(2)
To administer the Lake Mills Fire Department pursuant to the laws
and applicable regulations of the State of Wisconsin and the ordinances
and resolutions of the City of Lake Mills and any lawful orders of
the City Manager.
(3)
To administer and enforce, or cause to be enforced, all laws relating
to fire prevention and control, including the provisions of this chapter.
(4)
To develop organizational structure, written Department policies,
and procedures to achieve the goals of the Department, or as required
by the State of Wisconsin.
(5)
To develop written Department policies and standard operating guidelines
to provide for operation of the Department, or as required by the
State of Wisconsin. The prevention of accidents, injuries, and occupational
illnesses shall be primary considerations at all times.
(6)
To administer the annual Department budget in accordance with § 89-5 of the Code of the City of Lake Mills.
(7)
To provide the City Manager, under § 89-4F, with projections of needs and goals spanning five years. These reports should be provided annually to the City Manager by August 1 and shall include predicted annual budget requests for personnel, equipment and capital expenditures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
To identify the need for, negotiate and draft mutual and/or automatic
aid agreements with agencies of other communities.
(9)
To maintain liaison with other City departments on matters of importance
to the goals of the Fire Department.
(10)
To provide all requested information to the City Manager to facilitate
contract negotiations with other municipalities entering into agreements
for Fire Department services.
(11)
Destruction of property. During the progress of any fire, the Chief
of the Fire Department, or, in the case of the Chief's absence
or disability, the officer in charge, may order the removal or destruction
of any property necessary to prevent the further spread of fire.
(12)
To determine the duties and responsibilities of all Department personnel
and supervise such personnel in their execution of their duties through
the chain of command developed by the Chief for the operations and
management of the Department.
(13)
To provide whatever reports that may be required by the City Manager,
the Board of Police and Fire Commissioners, or by the City Council,
with copies of any such reports being provided to the Council and
the City Manager.
(14)
To seek clarification or interpretation from the City Attorney of
ordinances, state laws, or policies, and to seek guidance from the
City Attorney for the creation or modification of any Department policies,
procedures or operating guidelines.
(15)
To delegate within the chain of command any duties or responsibilities
in this section to other officers of the Department for performance
in the absence or disability of the Chief. Any and all such delegations
of authority shall be at the discretion of the Chief, who remains
responsible for the ultimate performance and execution of such delegated
duties or responsibilities.
(16)
If any unresolved dispute regarding written Department policy or
standard operating guidelines should arise between the Chief and the
City Manager, the particulars of such dispute shall be brought to
the attention of the City Council for resolution.
A.
Selection. Firefighters shall be selected by the Chief, and all such
appointments are subject to confirmation by the Board of Police and
Fire Commissioners.
B.
Compensation, reimbursements, and expenses. Persons receiving appointments
as firefighters shall receive such compensation, reimbursements and
expenses as from time to time are established by the City Council.
Such payments may be based upon participation in Department activities
including emergency response, training and nonemergency activity.
Except for failure to participate, rates of payment shall not be reduced
without previous recommendation of the Commission.
C.
Chain of command. Firefighters and other members of the Department
shall observe the chain of command as set forth in this article or
Department policy.
D.
Insubordination. Firefighters or other members of the Department
may be subject to discipline by the Chief if a lawful order is issued
by a superior to any subordinate and that order is ignored, disobeyed,
or not promptly obeyed.
E.
Neglect of duty. Firefighters and other members of the Department
may be subject to discipline by the Chief if the firefighter fails
to conform to the policies, standard operating guidelines, rules and
regulations of the Department, fails to observe laws and ordinances
related to the Fire Department, or fails to follow the chain of command
within the Department.
F.
Harassment. No firefighter or member of the Department may engage
in conduct with other members of the Department or members of the
public while performing duties of the Department if such conduct is
considered under state or federal law to be harassment on the basis
of age, race, creed, color, disability, marital status, sex, national
origin, ancestry, arrest or conviction record, military service, or
the use or nonuse of lawful products when not on Department premises
or performing Department duties.
G.
Honesty. No firefighter or member of the Department may engage in
the falsification of records or the misrepresentation of material
information when performing duties or engaging in the business of
the Department.
H.
Negligence in performing duties. No firefighter or member of the
Department may be negligent in performing duties or may engage in
conduct that constitutes the willful hindrance of the performance
of duties to the Department.
I.
Layoffs and dismissals.
(1)
When it becomes necessary, because of need for economy, lack of work
or funds, or for other just causes, to reduce the number of subordinates,
the emergency, special, temporary, part-time or provisional subordinates,
if any, shall be dismissed first, and thereafter subordinates shall
be dismissed in the order of the shortest length of service in the
Department.
(2)
When it becomes necessary for reasons stated in § 96-5I(1) to reduce the number of subordinates in the higher positions or offices, or to abolish any higher positions or offices in the Department, the subordinate or subordinates affected thereby shall be placed in a position or office in the Department less responsible according to his/her efficiency and length of service in the Department.
A.
To assist in the performance of the responsibilities and duties of
the Fire Chief, the position of Deputy Fire Chief is hereby created
as a full-time position within the Lake Mills Fire Department.
B.
Administration. The Deputy Fire Chief shall operate under the supervision
of the Chief and shall be appointed by the Chief to the office of
Deputy Fire Chief. This appointment is subject to confirmation by
the Board of Police and Fire Commissioners. The Deputy Chief shall
be responsible for direct administration and enforcement of the Lake
Mills Fire Prevention Code.[1]
C.
Appointment of Deputy Chief and Fire Inspector. The Deputy Chief
shall be selected on the basis of the candidate's demonstrated
qualifications in fire prevention and public fire safety education.
The Deputy Fire Chief may also recommend to the Chief the appointment
of such number of inspectors as shall be authorized by the City Council.
Inspectors shall be selected on the basis of demonstrated qualifications
in fire prevention and public fire safety education. Any appointments
to Fire Inspector shall be made by the Chief, subject to the approval
of the Board of Police and Fire Commissioners.
D.
Duties. The Deputy Chief and Fire Inspector shall have the following
duties and powers:
(1)
To enforce all laws and ordinances of the City relating to prevention
of fires, storage, sale and use of combustible, flammable or explosive
materials, installation and maintenance of automatic suppression fire
alarm and other fire-extinguishing equipment; and means and adequacy
of exit in case of fire from factories, schools, hotels, rooming houses,
multiple-family dwellings, hospitals, churches, halls, theaters, amphitheaters,
and all other places in which numbers of persons work, live or congregate,
from time to time for any purpose.
(2)
Any other duties assigned by the Chief to the Deputy Chief or Fire Inspectors shall be as provided in the written job descriptions created by the Chief and approved by the Board of Police and Fire Commissioners, as may be amended from time to time, or as may otherwise be imposed by law. In addition, duties of the Chief may be delegated to the Deputy Fire Chief or Inspectors, subject to § 96-4C(15).
E.
Permit inspections. The Deputy Chief or Fire Inspector shall inspect
and approve all locations and objects for any use or structure requiring
a permit under this Fire Code.
F.
Periodic fire inspections. The Deputy Chief or Fire Inspector shall
inspect all premises classified as public occupancies on a periodic
basis to determine compliance with the laws and ordinances applicable
to fire prevention.
G.
Corrective orders. Whenever the Deputy Chief or Fire Inspector finds
any of the following conditions, the Deputy Chief shall order removal
of the dangerous matter, obstruction or remedy of the condition:
(1)
Combustible or explosive matter.
(2)
Dangerous accumulations of rubbish or flammable material.
(3)
Obstructed means of exit.
(4)
Obstructions likely to interfere with operations of the Department
or egress of occupants in case of fire. A corrective order shall be
served upon the occupant of the premises by delivering a copy to the
occupant personally or leaving it with any person of suitable age
and discretion in charge of the premises, or, in case no such person
is found upon the premises by affixing a copy thereof in a conspicuous
place on or near the entrance of said premises. The owner of the premises
shall be served personally or by delivering a copy of the order to
a person of suitable age and discretion at the owner's residence
or place of business, or, if such owner is absent from the City, by
mailing a copy by certified mail to the owner's last known post-office
address.
H.
Appeals. Any person aggrieved by any of the following decisions of
the Deputy Chief or Fire Inspector may appeal to the City Manager
within 30 days after the decision and shall be entitled to review
in accordance Wis. Stats. Ch. 68, with a final determination, if necessary,
being made by the City Manager.
(1)
Rejection of an application for any required permit, certificate
or approval.
(2)
Revocation of any permit or certificate previously issued.
(3)
Conditioning issuance of any required permit certificate or approval
upon compliance with any requirements other than those established
by this chapter or by any other applicable state, federal, county
or City laws or regulations.
A.
To assist in the performance of the responsibilities and duties of
the Fire Chief, the positions of Assistant Chief, Captain, and Lieutenant
are hereby created as part-time, salaried positions as officers within
the Department.
B.
Administration. The Assistant Chief, Captain and Lieutenant positions
shall operate under the supervision of the Chief and shall be appointed
by the Chief in accordance with appropriations for such positions
being made by the Council. All such positions are subject to confirmation
by the Board of Police and Fire Commissioners. The Assistant Chief,
Captain and Lieutenant positions shall be responsible for duties as
assigned by the Chief.
C.
Appointment of Assistant Chief, Captain and Lieutenant. The appointees
to the positions of Assistant Chief, Captain and Lieutenant shall
be selected on the basis of the candidates' demonstrated qualifications
in Fire Department leadership and training.
D.
Duties. Any duties assigned by the Chief to the Assistant Chief, Captain and Lieutenant positions shall be as provided in the written job descriptions created by the Chief and approved by the Board of Police and Fire Commissioners, as may be amended from time to time. In addition, duties of the Chief may be delegated to the Assistant Chief, Captain and Lieutenant positions, subject to § 96-4C(15).
[Adopted 6-17-2003 by Ord. No. 909A (Sec. 1-9-10 of the 2009 Code of
Ordinances)]
The Chief or Deputy Chief of the Fire Department may deposit
volunteer funds in an account in the name of the Fire Department in
a public depository as defined in Wis. Stats. § 34.01(5).
The Fire Department, through the Chief or Deputy Chief, shall
have exclusive control over the expenditure of Fire Department volunteer
funds in such account.
For purposes of this article, "Fire Department volunteer funds"
shall mean funds of the municipality that are raised by employees
or volunteers of the Fire Department or that are donated to the Department
for the benefit of the Department.
There shall be no limit on the amount or type of funds deposited
in said account, provided the funds are Fire Department volunteer
funds.
Withdrawals from said account may be made by the Chief or Deputy
Chief and the funds may be expended for Fire Department purposes,
but any expenditure of such funds for equipment or other goods requiring
future expenditures from the City Treasury for ongoing maintenance
or insurance or similar costs shall be approved by the City Council
prior to acceptance of the equipment or other goods by the City.
Reporting and audit requirements of the City shall be made applicable
to the Fire Department volunteer funds.
[Amended 12-18-2012 by Ord. No. 1103]
Notwithstanding the provisions of this article, all Fire Department
volunteer funds shall remain the property of the City until such funds
are disbursed, and as such, a counter signature by either the City
Manager or the City Treasurer shall be required for any withdrawal
or any check drawn on said account, and the checks or drafts for the
account shall at all times prior to their use be kept in the Office
of the City Treasurer.
