(a) There
is hereby created the position of fire chief, to be appointed by the
city council. Such fire chief shall have no term of office but shall
serve at the will and pleasure of the city council. The fire chief
shall also be the fire marshal of the city. The fire chief shall reside
within 10 miles of the corporate limits of said city, or as the city
council may authorize and direct.
(b) The
fire chief shall fulfill all responsibilities pertaining to his/her
department and supervise the day- to-day operations of the department
and report directly to and be accountable to the city manager. The
fire chief shall have authority to take verbal or written disciplinary
action with regard to any member of the department, whether paid or
unpaid, who fails to comply with the rules, regulations or procedures
of the department or the city. The city manager, after consultation
with the fire chief, shall impose any and all discipline of members
of the department in excess of a verbal or written reprimand to include
suspension, demotion, or termination. The city manager shall have
the authority to impose verbal or written disciplinary action with
regards to the fire chief. The fire chief may appeal to the mayor
for mediation any such verbal or written disciplinary action. Should
mediation fail to resolve the situation, the mayor may refer the matter
to the city council for further mediation. Any disciplinary action
in excess of a verbal or written reprimand shall be the responsibility
of the city council.
(Ordinance 2022-07 adopted 2/15/22)
There is hereby created and established for the city, a fire
department to be supervised by the fire chief.
(Ordinance 2022-07 adopted 2/15/22)
The members of the fire department, other than that of the fire chief, shall be selected by the fire chief with the consent of the city manager. In the event that the city manager and fire chief cannot agree upon the hiring or termination of an employee, either the city manager or the fire chief may request that the mayor mediate such dispute. Should mediation fail to resolve the situation, the mayor may refer the matter to the city council for further mediation. This section is not intended and should not be construed in such a way as to contravene the limitations set forth in section
4.02 of the city charter. For the purposes of section 22.077, Texas Local Government Code, members of the city fire department are employees of the city rather than municipal officers.
(Ordinance 2022-07 adopted 2/15/22)
The fire chief and each member of the fire department shall,
before undertaking his or her duties, subscribe to an oath that he/she
will faithfully, without fear or favor, perform the duties of his/her
position.
(Ordinance 2022-07 adopted 2/15/22)
The fire chief and each member of the fire department shall
be certified as a firefighter by and pursuant to the standards of
the Texas Commission of Fire Protection, under chapter 419, Texas
Government Code, and must be trained, tested and certified by the
TCFP to these same standards.
(Ordinance 2022-07 adopted 2/15/22)
After consultation with and recommendations by the fire chief,
the city manager shall prescribe the uniforms and badges for the fire
chief and the members of the fire department.
(Ordinance 2022-07 adopted 2/15/22)