The organization regulated herein shall be known as the "Port
Jervis Fire Department."
The Fire Department shall be responsible for the preservation
of life and property within the city and for responding to fires and
other emergencies as may occur within the city and in such other territory
to which and Chief of the Fire Department may be authorized to dispatch
assistance.
The Common Council shall have power to appoint one (1) or more
companies of firemen, which shall constitute the Fire Department of
the city. It shall have the power to determine the number of members
which shall compose each company; to appoint and to remove any member
of any company and to make rules and regulations for the operation
of the Fire Department and its respective companies.
The officers of the Fire Department shall consist of a Chief,
First Assistant Chief, Second Assistant Chief, Treasurer and Secretary
of the Department, and the Captain, First Lieutenant and Second Lieutenant
of each of the fire companies. The Chief, First Assistant Chief, Second
Assistant Chief, Treasurer and Secretary shall be elected by the members
of the Fire Department at such time, for such term and in such manner
as the Common Council shall prescribe.
The Chief shall, under the direction of the Mayor, be responsible
for supervision, maintenance and control of all apparatus, equipment
and other property of the Fire Department. He shall make and keep
an accurate inventory of all the property of the Department. The Chief
shall submit an annual report which shall include a list of all fires
which have occurred during the preceding year, together with an explanation
of the cause so far as has been ascertained. The annual report shall
contain such other information relative to the Fire Department as
the Chief shall deem important. He shall also render such other reports
at such times as the Common Council may require. It shall also be
the duty of the Chief or his designee to be present at all fires and
other emergencies within said city, to take command of the several
companies belonging to the Department. He shall also have power to
suspend any officer or member of the Fire Department for incapacity,
intoxication, disorderly conduct, insubordination or neglect of duty.
When the Chief shall suspend any member or officer, he shall forthwith
report this in writing to the Mayor, who shall present the same to
the Common Council. The Common Council shall thereupon proceed to
hear and determine the matter, and shall either restore such officer
or member or reprimand, suspend, censure or remove him. The Chief
shall also have such other powers and perform such other duties as
the Common Council by local law, ordinance or resolution may prescribe. The Assistant Chiefs shall aid the Chief in the execution
of his duties as he shall direct and in his absence assume the powers
and duties of his office.
It shall be the duty of the members of the Fire Department to
respond to every fire alarm or other emergency. Every member shall
be declared exempt from prosecution or indictment for any act done
in the reasonable discharge of his duties. Any officer or member of
the Fire Department may be reprimanded, suspended, censured or removed
by the Common Council for incapacity, intoxication, disorderly conduct,
insubordination, neglect of duty or other misconduct tending to destroy
the efficiency or discipline of the Department. Any officer or member
so charged within five (5) days after written notice by the Common
Council shall be afforded the opportunity for a hearing to show cause
why he should not be so disciplined. During such period he may be
suspended without written notice.
Every member of the Fire Department in said city shall be exempt
from jury duty. Every such member who shall have faithfully served
as a fireman for the term of five (5) years in the Fire Department
shall thereafter be exempt from service on juries, and the Common
Council shall furnish to every member who shall have so served said
period of five (5) years a proper certificate, signed by the Mayor
and City Clerk-Treasurer as evidence of such service.
All rules and regulations pertaining to the government of the
Fire Department of the City of Port Jervis in force at the time of
the adoption of the Charter shall be and continue in force. The Common Council may repeal and modify such rules and
regulations, and make such other rules and other regulations as it
deems best for the government of the Fire Department, providing such
rules and regulations shall not conflict with the laws of the state
or the United States.