* Historical Notes:
This amendment to previously numbered Section 7** [Measure V initiated by Stockton Firefighters Local 1229] was passed by a vote of 29,299 [52.3%] at the 11/3/92 election.
This amendment to previously numbered Section 8• [Measure U initiated by the City of Stockton] was passed by a vote of 28,929 [51.7%] at the 11/3/92 election.
Section 1605: Repealed Election 11/4/14 effective 12/23/14.
Section 9**: Repealed Election 10/12/71 effective 12/6/71.
Section 10**: Repealed Election 10/14/47 effective 3/3/48.
** These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94.
The Fire Department shall consist of a Fire Chief and such other officers, members, and employees as the Council may from time to time prescribe.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 11/02/10 effective 12/9/10)
The Fire Department shall enforce all ordinances and laws and shall supervise all matters relating to the prevention, control, and extinguishment of fires and the protection of the property impaired thereby, and the prevention and control of fire hazards within the City.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 11/02/10 effective 12/9/10)
The Fire Department shall be under the control, management, and direction of a Fire Chief. The Fire Chief shall be appointed by the City Manager and shall hold that position at the pleasure of the City Manager.
The Fire Chief shall with the approval of the City Manager have management, control, and direction of the personnel of the Department and shall have charge of all property and equipment of such Department. The Fire Chief shall have full power to detail any officer or member of the Department to such public service as may be necessary. The Fire Chief shall recommend in writing to the City Manager that disciplinary action be taken against members of the Department if he or she deems it necessary, stating the reasons therefor, and shall immediately file a copy of said recommendations with the Civil Service Commission. The Fire Chief shall exercise all powers and duties provided by the general law or the ordinances of the City Council and shall devote his or her entire time to the discharge of the duties of this office.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 6/4/74 effective 8/21/74; Amended Election 11/02/10 effective 12/9/10)
In the event of the absence or disability of the Fire Chief, or vacancy in such office, the City Manager shall designate an interim Fire Chief to assume charge of the Department until the Chief returns or a successor is appointed.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective 8/21/74; Amended Election 11/02/10 effective 12/9/10)
The Fire Chief shall have the power to appoint at his or her discretion, without competitive examination, one or more Deputy Fire Chiefs. After appointment, the Deputy Fire Chief shall hold said position at the pleasure of the Fire Chief. If the Fire Chief demotes a Deputy Fire Chief, the Deputy Fire Chief shall be restored to the last civil service position, if any, held immediately prior to appointment as Deputy Fire Chief.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective 8/21/74; Amended Election 11/02/10 effective 12/9/10)
In case of emergency, the City Manager may appoint additional firefighters and officers for temporary service, who need not be in the classified service. Such authority may be exercised under the direction of the Fire Chief and for a specified time, and all such appointees shall be subject to and obey all rules and regulations of the Fire Department.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 11/02/10 effective 12/9/10)
(a) 
Declaration of Policy. It is hereby declared to be the policy of the City of Stockton that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.
(b) 
Prohibition Against Strikes. If any firefighter employed by the City of Stockton willfully engages in a strike against the City, said employee shall be dismissed from his or her employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council, or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City.
(c) 
Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with recognized Fire Department employee organizations on all matters relating to the wages, hours, and other terms and conditions of City employment within the scope of representation, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of a negotiated agreement.
(d) 
Impasse Resolution Procedures.
(1) 
All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations regarding a memorandum of understanding (MOU) between the City and a Fire Department employee organization should be submitted to impartial mediation upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute.
(2) 
Within three days after either party has notified the other, in writing, that it desires to proceed to mediation, representatives designated by the City and representatives of the recognized employee organization involved in the dispute shall request cost free mediation through the California State Mediation and Conciliation or other mutually agreeable organization. The parties may mutually agree on a private mediator or other impasse resolution process.
(3) 
Any mediation proceeding convened pursuant to this Article shall be conducted in conformance with State law. The parties may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the mediation process, or reduce the costs of the mediation.
(4) 
The cost of any mediation convened pursuant to this Article, including the fee for the services of the mediator, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 11/3/92 effective 1/13/93; Amended Election 11/02/10 effective 12/9/10)
No memorandum of understanding (MOU) may be enforced unless the costs are fully and openly explained in public, the City Manager certifies that the MOU costs are appropriate and affordable under the City's budget, and the MOU is adopted by majority vote of the City Council.
(Repealed Election 10/14/47 effective 3/3/48; Added Election 11/3/92 effective 1/13/93; Amended Election 11/02/10 effective 12/9/10)