City of Peekskill, NY Fire Department Rules

Application for appointment as a volunteer firefighter with the City of Peekskill Fire Department shall be made by written application which shall be furnished by the Career Civil Service Fire Chief. The Career Civil Service Fire Chief is hereby directed and empowered to make up the forms necessary for the purposes of this chapter and to keep a proper record and file of such applications in his office.

As a condition to membership, an applicant shall undergo a physical examination performed by the Fire Department Surgeon or his designee. This examination shall provide that the applicant is physically fit to perform the normal duties of a volunteer fireman.

The Career Civil Service Fire Chief is hereby directed to examine into the qualifications, character and competence of the applicant, in the manner set forth in the Fire Department Operations Manual to perform the duties of volunteer active fireman and shall make a written report to the City Manager of his or her findings on each application stating whether he or she approves or disapproves the application, and if disapproved, setting forth the reasons therefor.

Probationary period.

Upon appointment by the Common Council to the City of Peekskill Fire Department as an active volunteer firefighter, the appointee will serve a six-month probationary period. Mandatory requirements during this six-month period will be outlined in the Fire Department Operations Manual.

Upon successful completion of the probationary requirements, the appointee shall be evaluated by the Career Fire Chief. The appointee shall receive a certificate of completion. Upon receipt of said certificate, the firefighter shall be required to complete all necessary training as set forth in the Fire Department Operations Manual.

§ A601-7 General membership requirements.

All volunteer firefighter, in addition to any requirements which may apply in § A601-6A, B and C hereinabove, shall be required to comply with all Fire Department policies as set forth in the Fire Department Operations Manual.

For sufficient cause indicated and for the protection of the health of any individual active firefighter, the Career Civil Service Fire Chief of the Department shall be authorized to require that a member be examined by the Fire Department Surgeon or his designee, for the purpose of determining the physical fitness of the active member to perform the normal duties required of a volunteer firefighter.

§ A601-8 Disciplinary procedures.

This discipline of all volunteer and career members of the City of Peekskill Fire Department shall be at the sole discretion of the Career Civil Service Fire Chief of the Department.

Any volunteer active firefighter who does not meet the requirements hereinabove shall be subject to the following procedure:

Training and attendance. The Career Civil Service Fire Chief shall monitor the training and attendance of every member of the volunteer department. It shall be at the Career Civil Service Fire Chief's recommendation to the City Manager that any member shall be dismissed or removed from the Peekskill Fire Department. Following the recommendation of the Career Civil Service Fire Chief, the City Manager shall review the recommendation, and any aggrieved volunteer firefighter shall be heard by the City Manager or his or her designee within 15 days of the recommendation. The City Manager, or his or her designee, shall make a determination on the recommendation within seven days of the close of the hearing.

Other charges. In any other event that charges are preferred against an active volunteer firefighter, the charges shall be filed with the Career Civil Service Fire Chief in accordance with the Fire Department Operations Manual. That firefighter shall have the right to a hearing before the City Manager or his or her designee. The volunteer firefighter shall be served with written charges either personally or by registered mail, return receipt requested. The firefighter shall have seven days within which to deny the charges and demand a hearing before City Manager or his or her designee. The volunteer firefighter shall have the right to be present at a hearing to hear testimony concerning the charges against him/her, to cross-examine witnesses and to offer testimony and witnesses in his/her own behalf. The City Manager or his or her designee may inquire of any witness. Thereafter, the City Manager shall determine to sustain the charges or dismiss any of the charges.

Determination of charges. The Career Civil Service Fire Chief shall have the authority to suspend or recommend other disciplinary action to the City Manager, or the removal of the volunteer firefighter from the active rolls. The Career Civil Service Fire Chief shall bring such recommendation to the City Manager.

§ A601-9 Volunteer officers.

The City of Peekskill Fire Department volunteer officers of the Fire Department of the City of Peekskill shall be as follows:

One Volunteer First Assistant Fire Chief and one Volunteer Second Assistant Fire Chief, who shall each be appointed to a two-year term as set forth in § A601-15 herein.

One Captain and three Lieutenants, who shall each be appointed to a one-year term by as set forth in § A601-15 herein.

Deputy Chiefs. Outgoing First Assistant Chiefs may be appointed as Deputy Chief following the completion of at least one completed term as First Assistant Chief. Deputy Chiefs shall be appointed as set forth in § A601-15 herein.

One Fire Police Captain and one Fire Police Lieutenant, who shall be appointed to a one-year term as set forth in § A601-15 herein.

Up to two Trustees of each company, appointed by the company.

Qualifications.

All officers must meet the minimum standards for volunteer fire officer as set forth in the Fire Department Operations Manual.

Volunteer First Assistant Fire Chief. To qualify for the position of Volunteer First Assistant Fire Chief of the Department, one shall have first served as a Second Assistant Chief.

Volunteer Second Assistant Chief. To qualify for the position of Second Assistant Chief of the Department, the following requirements shall be met prior to filing the nomination as prescribed in § A601-15 below:

(a)

Minimum of 10 years served as an active interior volunteer firefighter of the City of Peekskill.

(b)

He or she must have served as a Volunteer Lieutenant and Volunteer Captain in the Peekskill Fire Department.

(4)

Volunteer captain. To qualify for the position of Volunteer Captain, one shall have first served as Volunteer Lieutenant.

(5)

Volunteer lieutenant. To qualify for the position of Volunteer Lieutenant, one shall meet the minimum qualifications set forth in the Fire Department Operations Manual.

(6)

Trustees. To qualify for the position of Trustee, one shall have completed the following requirements:

(a)

Have a minimum of 10 years of continuous service in the Peekskill Fire Department.

§ A601-10 Career Civil Service Fire Chief.

Duties and powers.

The Career Civil Service Fire Chief shall be the executive officer of the Fire Department under the direction of the Commissioner of Public Safety. He/she shall perform such duties prescribed by said Commissioner as may be approved by this Council.

In the absence of the Career Civil Service Fire Chief, the Career Civil Service Fire Chief shall designate an officer in charge of the Fire Department in his place.

The Career Civil Service Fire Chief shall have sole and absolute command over all persons connected with the Department and all apparatus belonging to the same, shall transfer or detail firefighters from one company to another, if needed, in order to maintain each company upon proper service classification, but no assignment of a permanent character shall be made except by approval of the Common Council.

(4)

The Career Civil Service Fire Chief shall see that proper discipline is maintained and that all rules, regulations and ordinances are observed by all members of the Department. Any disciplinary actions taken against a Volunteer Firefighter shall be promptly investigated and reported by the Career Civil Service Fire Chief, who shall report such violations to the City Manager or his or her designee. Any disciplinary actions taken against a Career Firefighter shall abide by the Civil Service Law and the Collective Bargaining Agreement.

(5)

The Career Civil Service Fire Chief is permitted to promulgate a Fire Department Operations Manual, which shall consist of the rules, regulations, policies, procedures and orders, of the Fire Department, and enforce the same for the government of the Department.

(6)

The Career Civil Service Fire Chief shall, on all occasions, see that the Charter, ordinances and rules of the City applicable to the Department are faithfully observed, and shall be held responsible for the maintenance of discipline in the Department.

(7)

The Career Civil Service Fire Chief shall carefully and thoroughly investigate all meritorious acts and make reports thereon to the Commissioner of Public Safety, the Mayor and Common Council.

(8)

The Career Civil Service Fire Chief shall see that all fires are extinguished with the least possible damage to life and property and in a manner which shall prevent unnecessary damage by water and that premises in which fires have occurred are left in such condition that they will not rekindle and cause further damage.

(9)

On a quarterly basis, or as directed by the City Manager, the Career Civil Service Fire Chief shall submit a report to the Commissioner of Public Safety showing the number of fires within the specified period and the approximate loss.

(10)

The Career Civil Service Fire Chief shall have control over all apparatus, hose, implements, tools, etc., and their assignment and perform such other duties as may be assigned to the him/her by the Commissioner of Public Safety.

(11)

The Career Civil Service Fire Chief shall thoroughly inspect or cause to be inspected all fire apparatus in the various houses at least once a month or oftener if necessary.

(12)

The Career Civil Service Fire Chief shall recommend to the City Manager the selection of new sites; changes in the location of houses and companies; the building of new houses; the purchase of new apparatus, hose, implements, supplies, etc.; the rebuilding, breaking up or sale, if necessary, of old apparatus, hose, implements, etc., with the Chief's reasons for such recommendation, shall approve or disapprove, with reasons thereof, when practicable, all tests of apparatus, hose, implements or tools before purchase or acceptance of the same.

(13)

The Career Civil Service Fire Chief shall make special reports upon any matters which in the Chiefs judgment require the attention of the City Manager.

(14)

The Career Civil Service Fire Chief shall have the power, with the consent of the Director of Public Works or the Commissioner of Public Safety, to demolish buildings and parts of buildings which in the Chief's judgment might cause further damage to life or property.

(15)

In the event that fire should occur in the towns or villages within reasonable distance of the City limits, when aid is requested, the Career Civil Service Fire Chief, in his discretion, may send such aid.

(16)

The Career Civil Service Fire Chief shall have full charge of the entire Department at fires and issue such orders as the Chief deems necessary.

(17)

The Career Civil Service Fire Chief shall see that each member of the Fire Department executes training sessions as prescribed by the Fire Department Operations Manual. The Career Civil Service Fire Chief shall ensure that accurate records of the dates and places of such drills are maintained by the Department.

(18)

The Career Civil Service Fire Chief shall, in his/her discretion, detail members of the Department for duty at any building, theater, hall or church where citizens have congregated in numbers.

(19)

The Career Civil Service Fire Chief shall execute such other details as the Commissioner of Public Safety may direct.

When the Career Civil Service Fire Chief expects to be absent from the City for a period exceeding 24 hours, the Chief should so advise the City Manager.

§ A601-11 Volunteer Assistant Fire Chiefs.

The Career Civil Service Fire Department Chief shall assign each Assistant Fire Chief duties as determined by the Career Civil Service Fire Chief and/or as outlined in the Fire Department Operations Manual.

Charges may be preferred against the Volunteer Assistant Fire Chiefs for violations of the rules, with notice to the Career Civil Service Fire Chief. If found guilty by the Board of Trustees pursuant to § A601-8, the Mayor and Common Council may impose such punishment as in its judgment may become necessary for the good of the Department.

§ A601-12 Volunteer Captains and Lieutenants.

The Career Civil Service Fire Department Chief shall assign each Volunteer Captain and Lieutenant certain administrative duties as determined by the Career Civil Service Fire Chief.

§ A601-13 Volunteer Department Trustees.

The Volunteer Department Trustees shall serve to represent the six individual fire companies on matters related to the joint business of the companies and matters that are not considered operational matters of the Fire Department. The Volunteer Department Trustees shall serve as a nominating committee to nominate new members and volunteer fire officers. The Volunteer Department Trustees may adopt Bylaws of the Board of Fire Trustees. Such Bylaws shall be approved by the City of Peekskill Common Council, shall not govern operational matters of the Fire Department, and shall not conflict with the City Charter, the Fire Department Rules or the Fire Department Operations Manual.

§ A601-14 General regulations.

All volunteer members are to refrain from tampering with motor apparatus and interfering with the jurisdiction of the driver of such apparatus. It is understood that the driver of such motor apparatus is to be held responsible for the mechanical condition, appearance and proper maintenance and operation of said vehicle.

Meetings of the Volunteer fire officers shall be held at least once a month. The time shall not conflict with the meeting time of the Common Council of the City. There shall be present at said monthly meetings, the following:

Career Civil Service Fire Chief.

Volunteer First Assistant and Second Assistant Chiefs.

Volunteer Captains and Volunteer Lieutenants.

§ A601-15 Appointment of Volunteer officers.

The Board of Trustees shall nominate individuals to the Career Civil Service Fire Chief to serve as volunteer officers on or before November 15 in the year prior to any vacancies in the office of volunteer officers. All nominees shall meet the qualifications set forth in the Fire Department Operations Manual in order to be qualified to serve in the office to which he or she is nominated. The Career Civil Service Fire Chief shall appoint the individuals to serve as volunteer officers from such nomination. The volunteer officers shall take office on January 1, 2022, following the nomination by the Board of Trustees and upon appointment by the Career Civil Service Fire Chief.

Vacancies.