[Amended 9-24-1998 by L.L. No. 3-1998]
There shall be and is hereby established in
the City of Albany a department known as the "Department of Fire,
Emergency and Building Services."
A.
There shall be appointed by the Mayor, to serve at
his pleasure, a Chief of the Department of Fire, Emergency and Building
Services who shall be the head of the Department of Fire, Emergency
and Building Services and whose appointment shall be evidenced by
a certificate in writing, signed by the Mayor and filed in the office
of the City Clerk.
B.
The Chief of the Department of Fire, Emergency and
Building Services shall appoint such Deputy Chief(s) and Assistant
Chiefs as he or she shall deem necessary and prudent, subject to the
approval of the Board of Estimate and Apportionment. Whenever the
Chief is unavailable or otherwise unable to perform the functions
of his office, the most senior Deputy Chief shall have the powers,
duties and obligations thereof and shall act in the Chief's place
and stead. Whenever the Chief and Deputy Chief(s) are unavailable
as aforesaid, the powers, duties and obligations of the office of
Chief shall be vested in the most senior of the Assistant Chiefs then
available.
The Chief of the Department of Fire, Emergency
and Building Services shall make, adopt and enforce such reasonable
rules, orders and regulations not inconsistent with law as may be
reasonably necessary to effect a prompt and efficient exercise of
all the powers conferred and the performance of all duties imposed
by law upon him or the Department under his jurisdiction. He is authorized
and empowered to make, adopt, promulgate and enforce reasonable rules,
orders and regulations for the government, discipline, administration
and disposition of the officers and members of the Department of Fire,
Emergency and Building Services for a hearing, examination, investigation,
trial and determination of charges made or prepared against any officer
or member of said Department for neglect of official duty or incompetency
or incapacity to perform his official duties or some delinquency seriously
affecting his general character or fitness for the office and may,
in his discretion, punish any such officer or member found guilty
thereof by reprimand, forfeiting and withholding pay for a specified
time or suspension during a fixed period or dismissal from office;
but no officer or member of said Department shall be removed or otherwise
punished for any other cause until specific charges, in writing, have
been preferred against and served upon him and until he shall have
been found guilty thereof after reasonable notice and upon due trial
before said Chief in the form and manner prescribed by law and the
rules and regulations of the Department.
The Chief shall make all appointments, promotions
and changes of status of the officers and members of the Department
of Fire, Emergency and Building Services in accordance with the provisions
of the Civil Service Laws of the state, except as otherwise provided
herein.
A.
The Department of Fire, Emergency and Building Services
shall perform all firefighting, firesafety, fire prevention and fire
investigation services required in the City and to serve and promote
the public health, safety and welfare.
B.
The Department of Fire, Emergency and Building Services
shall provide all initial emergency paramedic life support response
services as required.[1]
[1]
Editor's Note: Former Subsection C, concerning the Division
of Building and Codes and its functions, as amended, which immediately
followed this subsection, was repealed 12-17-2012 by L.L. No. 1-2012.
[Amended 12-17-2012 by L.L. No. 1-2012]
To the extent inconsistent herewith, Article 9 of the Second
Class Cities Law is hereby superseded.
[Added 7-2-2018 by L.L.
No. 4-2018]
The Chief shall submit to the Common Council quarterly reports
on current staffing levels and vacancies based on each calendar quarter.
Such reports shall also include the amount of overtime extended in
each quarter as expressed in shifts deployed and total hours extended
and shall include a comparison of the overtime extended within a quarter
to the amount of overtime extended in the immediate preceding quarter.
[1]
Editor's Note: Former § 42-59, Powers and duties
of Chief, was repealed 2-22-2001 by L.L. No. 1-2001.
