[1]
Editor's Note: This ordinance appeared in Ch. VIII, Part 2A,
of the 1953 Code of Ordinances.
A.
For
the purposes of this Code, the Fire Department of the Borough of Middletown
shall be the Middletown Volunteer Fire Department, incorporated October
28, 2004 (hereinafter "MVFD").
B.
The
Borough of Middletown acknowledges the significant and important service
provided to the Borough by the Liberty Steam Fire Co., Rescue Hose
Co., and Union Hose Co., the prior volunteer fire companies whose
members have banded together to form MVFD. These companies shall continue
to be recognized as community organizations but shall no longer provide
fire protection services to the Borough of Middletown or any other
municipality.
The Fire Department shall be under the coordination and direction
of an officer of the Borough to be styled "Chief of the Fire Department,"
who shall report to the Borough Manager, and two subordinate positions:
Deputy Chief, who shall be second in command in the absence of the
Chief; and Assistant Chief, who shall be third in command in the absence
of the Chief. The Deputy Chief and Assistant Chief shall report to
the Chief of the Fire Department.
A.
The
Chief, Deputy Chief, and Assistant Chief shall first be elected in
accordance with the requirements of the bylaws of the MVFD, who then
shall submit said names for appointment by the Borough Manager, with
the consent of the Borough Council.
B.
Other
line officers may be selected by the members of the MVFD.
To be eligible to hold the office of Chief, Deputy Chief, or
Assistant Chief of the Fire Department, an individual must:
A.
The
Fire Chief, Deputy Chief, and Assistant Chief shall serve for a period
of 36 months from the date of appointment. However, should said officer
no longer serve in a similar capacity for MVFD, the Borough appointment
shall automatically terminate.
B.
The Borough Manager reserves the right to remove the Fire Chief, Deputy Chief, and Assistant Chief from office, subject to the provisions of § 23-6 herein.
C.
Vacancies in offices created in § 23-3A shall be filled by the following procedure:
(1)
MVFD shall hold an election pursuant to its internal procedures;
(2)
The names of those elected by MVFD shall be submitted to the Borough
Manager;
(3)
The Borough Manager shall appoint said individuals to fill the vacancies;
and
(4)
The Borough Council shall ratify the Borough Manager's appointment.
D.
The
Borough Manager shall appoint said individuals elected by MVFD within
10 days of election or may, at his discretion, disqualify the elected
Chief. Should the Borough Manager reject the elected Chief, the elected
Chief must resign as Chief of MVFD and a new election must be held
by MVFD.
E.
The
Borough Council shall ratify the Borough Manager's appointment at
each organizational meeting of Council. Should Council fail to ratify
the appointment, the previously appointed, seated Chief shall continue
to serve until the next regularly scheduled meeting of Borough Council,
when the Borough Manager must propose an alternate appointee.
F.
In
the event the Fire Chief dies, resigns or is removed as Fire Chief
of the Fire Department, the Deputy Chief shall assume and exercise
the function of Fire Chief until the vacancy created is filled.
Before assuming their respective duties, the officers of the
organized Fire Department shall be duly sworn before the Mayor to
faithfully perform all the duties appertaining to the office which
they may hold. The Fire Chief, Deputy Chief, and Assistant Chief elected
pursuant to the bylaws of the MVFD cannot be denied appointment nor
removed from appointment as Chiefs of the Borough unless there is
just cause. Just cause shall include dishonesty on any official matter;
gross incompetence; willful misconduct; breach of a fiduciary duty;
intentional failure to perform stated duties; willful violation of
any federal, state or local law (other than traffic violations or
similar summary offenses); failure to pay all federal, state or local
taxes; willful disregard of an adopted Borough policy; horseplay or
similar unprofessional behavior that results in any injury or damage
to property with a value in excess of $100; conviction of any felony;
conviction of a misdemeanor involving moral turpitude; misappropriation
of taxpayer funds; mental or physical disability impairing the performance
of official duties of office; or material breach of any provision
of this chapter. The determination of whether just cause exists shall
be made by the Borough Manager in his sole discretion.
[1]
Editor’s Note: Former § 23-8, Fire police, was
repealed 3-5-2019 by Ord. No. 1359, approved 3-5-2019.
[Amended 3-5-2019 by Ord.
No. 1359, approved 3-5-2019]
The Fire Chief or, in his absence, the Deputy Chief or, in his
absence, the Assistant Chief, and members of the mutual aid fire police
from surrounding communities lawfully dispatched to the Borough, while
on active public duty, together with the officers of the Borough police
force, are hereby authorized to exclude from interference with the
functions of the MVFD all persons not members of the MVFD, except
owners of property in the immediate neighborhood and persons having
a pecuniary interest therein or their agents. The personnel authorized
herein shall take into custody any and all persons persisting in such
unauthorized interference. Those taken into custody, upon conviction
of an offense related to the unauthorized interference, shall forfeit
and pay a penalty of not more than $1,000 and costs of prosecution
or, in default of payment thereof, may be sentenced to imprisonment
for a term not exceeding 30 days.
A.
Fire Chief. The Fire Chief shall at all times have overall oversight
of the personnel and equipment of the Fire Department. In the event
of a fire, rescue, or other response or official function, the Chief
shall be in control of all personnel and equipment and shall give
general directions and provide the overall incident command in accordance
with the Incident Command System (ICS)/National Incident Management
System (NIMS) and recognized by the Dauphin County Firemen's Association.
The Chief shall also have free access at all times to all fire stations
and fire equipment for inspection and shall inspect the stations and
equipment and shall report to the Borough Council the condition of
the stations and equipment at least every year (and more frequently
if directed by the Borough Council); shall prepare and provide an
annual report to Borough Council at the close of each year; shall
report to the Borough Manager; shall approve any use of fire police
for nonemergency service; shall present recommendations to Borough
Council regarding Fire Department activities or issues affecting the
operation of the Fire Department; shall, within budgetary limits,
provide for the maintenance of all Borough-owned vehicles and equipment
used for emergency services, including all portable equipment and
fire/rescue apparatus; shall coordinate all major repairs and contract
maintenance with the Borough Manager; shall provide for and supervise
training for members of the Fire Department; and shall perform other
duties as may be ordinarily required of the position.
B.
Deputy Fire Chief. The Deputy Chief shall aid the Fire Chief in the
performance of his duties, perform other duties as assigned by the
Chief and, in the absence of the Chief or in the event of the inability
of the Fire Chief to perform his duties, shall assume charge of the
Fire Department and act as Fire Chief.
C.
Assistant Fire Chief. The Assistant Chief shall aid the Fire Chief
and Deputy Chief in the performance of their duties, perform other
duties as assigned by the Chief or Deputy Chief and, in the absence
of the Chief or Deputy Chief or in the event of their inability to
perform their duties, shall assume charge of the Fire Department and
act as Fire Chief.
[1]
Editor's Note: Former § 23-10.1, Budget and finance,
was repealed 5-2-2023 by Ord. No. 1405, approved 5-2-2023.
The Fire Chief shall be vested with the power to make proper
rules and regulations for the operation of the Department, while in
the performance of fire services. The Middletown Volunteer Fire Department
shall maintain standard operating procedures for all instances.
For the purposes of proper management of the Fire Department,
all grievances and matters of dispute from firefighters or members
of MVFD shall be submitted to the MVFD for resolution pursuant to
the bylaws of the MVFD. Appeals of any decision of the MVFD may be
presented to the Borough Manager for review. Orders given during an
emergency incident cannot be disputed or grieved.
The Fire Department, through its proper officers, shall have
the right to test the equipment, etc., by connecting to a fireplug
from time to time; but before connecting to a plug for the purpose
of breaking in a driver, testing equipment or for other fire company
uses, it shall be the duty of the Fire Department, through its proper
officer or officers, to notify the Supervisor of the Utility Maintenance/Operations
Department a reasonable length of time in advance of MVFD's intention
so as to not impact the delivery of water within the Borough.
The Fire Department of the Borough of Middletown shall also include among its officers, who shall likewise take the oath before the Mayor specified in § 23-6 of this article, a Fire Marshal, Deputy Fire Marshal, and Assistant Fire Marshal, for whom provision is made in § 155-13 of Chapter 155, Fire Prevention.
