[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 8-14-2008 (Ord. No. 22 of the 2005 Code). Amendments noted
where applicable.]
An ordinance to provide that the Lawrence Township Board may
establish the Lawrence Township Emergency Services (LTES); provide
for the basic organizational structure of this Department; delegate
broad management authority and responsibility to the Department Chief;
provide standards of accountability for the Chief and other Department
personnel to the Township Board; and repeal any parts or portions
of ordinances inconsistent herewith.
A.
This chapter is adopted pursuant to the authority granted the Township
Board under the Police and Fire Protection Act, Public Act 33 of 1951,
as amended, (MCLA § 41.801 et seq.).
B.
The purpose of this chapter is to provide that the Lawrence Township
Board shall hereby establish the Lawrence Township Emergency Services
(LTES) (referred to here after as the "Department"); to establish
jurisdiction and authority of the Township Board over personnel selection;
to establish authority to adopt rules and regulations for the conduct
of personnel and maintenance of equipment; to employ and appoint a
Chief, officers and service members; and to prescribe the powers and
duties of Department volunteers and employees.
A.
The Department shall be responsible for providing services to the
entire geographic boundaries of Lawrence Township, including Section
37 (formerly a portion of Arlington Township), and named sections
of other local units of government named in and protected by contract
approved by the Lawrence Township Board, the additional area presently
being protected is as follows: Sections 25 through 28 of Arlington
Township; that part of Sections 29 and 30 of Arlington Township lying
south of 42nd Avenue; and Sections 31 through 36 of Arlington Township.
B.
The Department shall restrict its delivery of emergency services
to the geographic area described in this section and to other jurisdictions
with which the Township Board has negotiated and entered into mutual
aid agreements.
Consistent with appropriations and budget authorization, the
Department is authorized to provide, to the citizens of all covered
areas, the following programs and services:
A.
Fire suppression.
B.
Fire education.
C.
Emergency medical education.
D.
Fire prevention and code enforcement.
E.
Emergency medical services at the EMT basic level.
F.
Other emergency services, including, but not limited to, cold-water
rescue, hazardous material operations and vehicle extrications.
A.
The Lawrence Township Emergency Services (LTES) shall be actively
supervised and managed by a Department Chief appointed by the Township
Board. The Chief, to be qualified, shall be trained and certified
at least as a Fire Officer III and an EMT, basic level, unless lesser
qualifications are expressly approved by the Township Board. To ensure
continuity of command and appropriate incident supervision, the Township
Board authorizes the following officer positions which shall be subordinate
to the Chief, and which create the following chain of command in descending
order of authority:
B.
With the advice and assistance of the Chief, the Township Board shall
develop and approve job descriptions for each of these positions.
Job descriptions in use on the effective date of this chapter shall
continue until changed by the Township Board except the Chief, in
addition to any other job requirement, shall be qualified as provided
in this section. With the advice of the Chief, the Township Board
shall fill subordinate positions. All officers in the chain of command,
including service members, shall be trained as required by this chapter
and the rules and regulations of the Department.
C.
Officers and service members shall be selected based on experience,
training, and qualifications, and who would, in the Township Board's
judgment and at its discretion, best perform the duties associated
with providing emergency services to the citizens of Lawrence Township
and any other geographical area covered by agreement with the approval
of the Lawrence Township Board.
D.
Temporary officers may be appointed by the senior officer present
at any emergency to ensure the continuity of the chain of command.
Such temporary appointments shall terminate when the officer with
the given responsibility becomes available.
E.
Each command officer shall be responsible that subordinates carry
out orders. Service members shall perform orders consistent with this
chapter and the rules and regulations of the Department.
The Township Board shall approve an annual appropriation for
the operation and maintenance of the Department and its equipment,
and for that purpose shall have the authority to use general funds,
to initiate the creation of a special assessment district and levy
assessments, sell bonds, establish user fees, or raise revenues in
any other manner provided for under law for the operation and maintenance
of the Department; it shall provide for payment of any debts incurred
incidental to its continued operation; it shall purchase necessary
equipment, and/or construct public buildings for uses incidental to
the maintenance and operation of a department devoted to providing
emergency services to its community.
The Township Board shall establish rules and regulations for
the operations of the Department and the care of the equipment through
adoption of general policies, and the Chief shall prepare and enforce
specific procedures consistent with such policies.
A.
The Township Board shall appoint an LTES Chief who shall be the chief
administrative officer of the Department. The Chief shall be accountable
to the Township Board for the efficient and effective operation of
the Department, and for the Department's compliance with all state
laws and administrative rules, Township ordinances and policies. The
Chief shall serve at the pleasure of the Board.
B.
The Chief shall develop written administrative rules to increase
the efficiency and effectiveness of the Department, including preplanning
and post-incident critiques, regulations, as well as assigning and
scheduling of personnel, and shall submit to the Township Board plans
for the long-range needs of the Department.
C.
The Chief shall be familiar with state and federal laws that impact
on Department operations, and shall develop written rules and regulations,
and issue orders consistent with applicable federal and state laws
and administrative rules. Noncompliance of applicable state and federal
laws and regulations shall be promptly reported to the Township Supervisor.
In the event the Township Supervisor is also either the Fire Assistant
Chief or the Medical Assistant Chief, any such report shall be made
to the Township Clerk.
D.
The Chief shall maintain a current copy of MIOSHA (Michigan Occupational
Safety and Health Act) General Industry Safety Standards and shall
develop written policies and procedures to ensure compliance. The
Chief shall promptly inform the Township Board of any procedure or
equipment that is not in compliance with any MIOSHA General Industry
Safety Standard and shall recommend Board actions to achieve compliance.
E.
The Chief shall review all personnel and operating problems that
are not resolved at the Department level with the Township Supervisor
or with the Township Clerk should the Supervisor also serve as either
an Assistant Chief. The Chief shall also report Department activities
to the Township Board monthly. A written report on Department activities
shall be filed annually with the Township Board.
F.
As needed, the Chief shall notify the Township Supervisor (or with
the Township Clerk should the Supervisor also serve as either an Assistant
Chief) of major problems or issues that require Board action. When
such problems must be resolved immediately and it is impractical,
or will endanger the health, safety or welfare of the Township or
its residents, to wait until the next Board meeting to resolve the
issue, the Township Supervisor (or with the Township Clerk should
the Supervisor also serve as either an Assistant Chief) shall be empowered
to resolve the issue or problem, subject to the subsequent report
of the action to the Township Board.
G.
The Chief shall hold regular Department informational and training
meetings. The Chief may incur expenditures against the Department
budget as appropriated by the Township Board. The Chief will monitor
the unencumbered balances remaining in the Department budget and shall
make timely recommendations for budget amendments at such time as
the need for such amendments becomes known. The Department's expenditures
shall not exceed the amounts appropriated. Capital outlay purchases
shall be expressly approved by the Township Board upon roll call vote
at a regular meeting or a special meeting called for purposes of approving
the expenditure.
H.
The Chief shall also be responsible for the following:
(1)
Supervise the extinguishment of all fires that endanger the health,
safety and welfare of residents of Lawrence Township and those geographical
areas covered by agreement with the Township Board.
(2)
Enforce Township burning ordinances.
(3)
Ensure that all personnel are trained and qualified for the duties
that they are expected to fulfill.
(4)
Ensure that fire prevention programs are conducted.
(5)
Ensure that qualified personnel conduct fire inspections and that
the fire prevention code adopted by the Township Board is fairly and
effectively enforced.
(6)
Ensure that all Department equipment and buildings are properly maintained
and in good working order.
(7)
Ensure that all Department personnel comply with Departmental and
Board rules, regulations and policies.
A.
Applicants for vacant positions shall be of good character, possess
a good driving record, and shall be screened by a physician of the
Township Board's choice and at Township expense. The physician's examination
shall determine if the applicant is physically fit and have the ability
to perform assigned emergency operations. The physician will identity
preexisting physical conditions that would preclude the applicant
from performing the duties associated with services performed by the
Department. To prove good character, an applicant shall submit to
a drug screen and consent to a review of criminal records. To prove
possession of a good driving record, an applicant shall permit a review
of his or her driving history. The applicant shall sign whatever release
as may be necessary to permit the Chief to obtain the required information.
B.
All personnel shall serve an initial probationary period for a period
of not less than six months. As provided by Township rules and regulations
adopted for use by the Department, the probationary period may be
extended.
C.
Probationary status shall continue, at a minimum, until the personnel
successfully complete the State of Michigan's Firefighter I or Emergency
Medical Technician examinations.
D.
At the conclusion of the minimum probationary period, the Chief may
recommend that probationary personnel meeting all Department qualifications
be given permanent membership status by the Township Board. The Chief
shall also recommend to the Township Board the dismissal of personnel
who do not or cannot meet the qualifications of a Department member
and reasons for such recommendation.
E.
Probationary service members shall be entitled to compensation and
benefits as determined by the Township Board and shall be restricted
to perform only those duties for which he or she has been specifically
trained and qualified. Probationary service members shall not use
emergency signal devices on their private vehicles.
A.
The Chief shall develop a regular schedule of training classes, including
an attendance requirement, for all Department personnel. The schedule
shall specify the type, amount and frequency of training to be provided
to service personnel necessary to assure that all employees are adequately
trained to properly handle the inherent risks of firefighting and
medical emergencies. The Chief shall ensure that a record of all personnel's
participation and skill mastery is maintained. Personnel shall be
certified before they are permitted to directly perform emergency
operations. The Chief shall ensure that qualified individuals deliver
in-house instruction whenever possible.
B.
The Chief shall require that all personnel have achieved and maintained
all certifications required by state or federal law or rule to perform
fire suppression, emergency medical services, or other services performed
by the Department.
A.
The Chief shall be familiar with the provisions of federal and state
laws and administrative rules related to employee safety and health
regulations, and shall develop written procedures to ensure compliance.
B.
The Chief shall establish and implement written procedures for emergency
operations in compliance with current MIOSHA regulations. The written
procedures shall include all of the following:
(1)
Compliance with the National Incident Management System (NIMS) or
other nationally recognized incident management system.
(2)
A personnel accountability system that will be implemented at each
emergency.
(3)
Applicability to all employees who are operating at the emergency.
(4)
Initial training and annual refresher training in emergency operations
and the incident management system.
(5)
Procedures that are in accordance with the "two in/two out" rules
as found in the provisions of current MIOSHA standards.
(6)
A trained employee shall function as the incident commander at each
emergency.
A.
Violations of this chapter, other Board or Department rule or regulation,
or a conviction of a felony shall subject any personnel involved to
disciplinary proceedings.
B.
When the Chief has good cause to believe that a violation of this
chapter, Board rules or Department regulations has occurred, the Chief
shall document the violation and provide a written copy of the allegations
to the alleged violator. The written allegations shall state the rule
that is alleged to have been violated, the nature of any disciplinary
action taken, and the consequences of any further recurrences.
C.
The Chief may take disciplinary action consistent with this chapter,
which may range from a reprimand, suspension or demotion or a combination
of any of these sanctions, on his own authority depending on the Chief's
consideration of the following five factors. If the alleged violation
is deemed sufficiently serious to warrant discharge, the Chief shall
suspend the Department member until the Chief recommends dismissal
to the Township Board and the Board takes action consistent with this
chapter. The Chief shall consider the following in taking disciplinary
action:
D.
Dismissal of a Department member shall be a decision of the Township
Board upon the recommendation of the Chief following a hearing before
the Township Board. Such hearing may be conducted in closed session
if requested by the Department member who is subject to discharge.
E.
If the Chief takes disciplinary action less than recommending discharge
to the Township Board, the alleged violator may appeal the Chief's
decision to a panel of service members selected by the membership
for this purpose at the beginning of each calendar year. The Chief
may choose to abide by the decision of the panel or leave undisturbed
the original discipline, as the Chief finds most appropriate. All
disciplinary decisions of the Chief shall stand and remain effective
unless and until reversed by the Chief on the Chief's own counsel,
by the Chief upon recommendation of the Department panel whose counsel
the Chief chooses to accept or the Township Board, which shall affirm,
deny, or modify the disciplinary action taken by the Chief.
F.
The Township Board may, on its own initiative, bring disciplinary
charges against any Department member. Disciplinary action initiated
by the Township Board shall follow the above procedures, except that
the responsibilities designated above to the Chief shall be performed
by the Township Board.
G.
In addition to such administrative rules that may be promulgated
by the Chief, theft of property owned by the Township, or theft of
property committed while performing duties of Department member, or
other actions that are violations of state or federal penal codes,
shall be cause for dismissal.
H.
Service members shall not respond to emergencies, meetings or training
sessions while under the influence of alcohol or any controlled substances.
A violation of this provision shall subject the offender to discipline
as deemed appropriate by the Chief under all the relevant circumstances.
Compensation to service members shall be in such amounts as
may be determined from time to time by the Township Board. The Department
shall keep accurate records that indicate the amount of compensable
time served by all personnel. The time records shall be submitted
quarterly to the Township Board for payment, and all such time slips,
shall be reviewed and approved by the Department before submission.
A.
The Chief, or the Chief's designee, may release facts regarding fires
or other emergencies to the news media. The Chief or the Chief's designee
shall speak to the media on behalf of the Department. All other personnel
shall refer all media inquiries requiring a statement on behalf of
the Department to the Chief or the designee.
B.
Department personnel shall not, in connection with Department activities
or functions, make statements or writings that constitute libel or
slander, that would impede a law enforcement investigation or compromise
the presumption of innocence until proven guilty or which would deny
any person due process.
C.
Members of the public will not be allowed in those portions of the
Community Services Building used to store Department vehicles or equipment
except when accompanied by a member of the Department or a Township
employee. All Department personnel will always treat the public courteously
and professionally.
A.
When responding to emergencies, all personnel will drive emergency
vehicles with appropriate concern for the safety of the public and
defensive driving. Use of emergency signals on vehicles shall be considered
a request for the right-of-way from other drivers. Repeated use of
excess speed may result in discipline, including but not limited to
dismissal from the Department.
B.
Use of emergency signal equipment shall be permitted only when the
Department has been officially dispatched to an emergency.
C.
The Chief shall establish written regulations regarding the use of
emergency signal equipment on Township-owned and personal vehicles.
A.
Protective equipment shall be worn when engaged in firefighting in
any enclosed structure, or outdoors as directed by the Chief or, if
the Chief is not on scene, the incident commander. Protective equipment
shall be worn by those Department members providing emergency medical
services consistent with the Department's rules and regulations.
B.
Lost or damaged equipment shall be reported as soon as possible to
an officer. Township property shall be disposed of only with the prior
approval of the Township Board. All Department-issued equipment and
apparel shall be returned to the Chief upon terminating employment
with the Department.
Only Township-owned vehicles and equipment may be kept at the
Community Services Building. Department equipment shall not be borrowed
for private use. Alcoholic beverages shall not be brought into the
Community Services Building or used as shall be proscribed by Department
rule or regulation. Controlled substances may not be brought onto
Township property except as shall be medically prescribed.
The Chief, with the assistance of the Township Attorney, shall
write rules and regulations applicable to the Department and its membership.
Once written, these rules and regulations shall be presented to the
Township Board for approval. Until approved, the constitution and
bylaws of the former Fire Department and Quick Response Team, together
with the Fire Department's Recommended Operations Guidelines (ROGs)
and the Quick Response Team's Operational Guidelines (OGs), shall
be deemed the rules and regulations of the Department to the extent
that they do not conflict with the provisions of this chapter. In
the event of conflict, this chapter shall control. Should any rule
or regulation conflict with any other rule or regulation, the standard
designed to give the most protection to the membership, as determined
by the Chief, shall be deemed controlling; provided, however, in the
event of a dispute, the Township Board shall be the last judge of
the meaning, effect and applicability of any Department rule or regulation.
Should any court of competent jurisdiction declare any portion
of this chapter unenforceable, the remainder of this chapter shall
remain in full force and effect unaffected by the portion that might
be so declared to be unenforceable.
This chapter shall take effect after notice of adoption through
publication as required by law. All ordinances in conflict herewith
are hereby repealed.
