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(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 11/02/10 effective 12/9/10)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(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 11/02/10 effective 12/9/10)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(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 6/4/74 effective 8/21/74; Amended Election 11/02/10 effective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(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective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)