[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 2-10-1969; amended in its entirety 11-28-2016. Subsequent amendments noted where
applicable.]
A.
Organization of membership. The Fire Department shall consist of
the following persons appointed by the Police and Fire Commission
from time to time: one Chief, Fire Department officers and fire fighters.
A Chairperson, a Secretary and a Treasurer may be appointed to carry
out the business functions of the Department provided for in these
bylaws. The maximum and minimum number of fire fighters shall be as
determined from time to time by the Village Board of Trustees.
B.
Gender. In the following sections of these bylaws, words in either
the masculine form or feminine form shall be deemed to include or
relate to both males and females.
C.
Member classification. Members shall consist of the following classifications:
(1)
Active fire fighters. Active fire fighters shall be competent and
experienced members who are actively engaged in the fire-fighting,
administration or rescue functions of the Department. All active fire
fighters shall be chosen by, and be subject to, such requirements
as are from time to time established under Wisconsin Administrative
Code §§ SPS 330 and SPS 332.
(2)
Probationary fire fighters. Probationary fire fighters shall be members
training to become active fire fighters. They shall be subject to
extended training and supervision established under Wisconsin Administrative
Code §§ SPS 330 and SPS 332 and such supervision as
the Chief shall require. All new fire fighters shall be permitted
the opportunity to obtain the training specified in Wisconsin Administrative
Code § SPS 330.08 (b) within 12 months of the date of their
appointment to the Department. Probationary fire fighters shall become
active fire fighters on recommendation of the Chief and approval by
the Police and Fire Commission. A member with less than one year experience
as a member of the Department or equivalent shall be a probationary
fire fighter.
A.
Any person at least 18 years of age who lives or normally works within
or near the Village and meets the position requirements established
from time to time for fire fighters may apply for membership in the
Department.
B.
The application of the candidate shall be turned over to the Chief
for evaluation. Following evaluation by the Chief, the Chief may recommend
the applicant to the Police and Fire Commission for consideration
as a probationary fire fighter. All applicants approved by the Police
and Fire Commission shall be required to undergo a medical examination
to determine their fitness for duty and acceptance of all candidates
shall be conditioned upon the results of said examination.
C.
All applicants, after appointment, shall serve a probationary training
period. If after satisfactory completion of the probationary training
period the Chief decides that the applicant shows satisfactory proficiency
in drills and fire-fighting knowledge, the applicant shall become
a full member upon confirmation by the Police and Fire Commission.
A.
The following membership titles and general job descriptions shall
be applicable to the Department:
(1)
Administrative. An administrative member shall be a member appointed
by the Chief. This member may or may not have fire-fighting duties.
(2)
Daytime member. Daytime members are those members who work for, within
or nearby the Village and respond and train on a daytime basis.
(3)
Explorer scout advisor. The explorer scout advisor is a line fire
fighter or above in rank who is responsible for the efficient and
safe operations of the explorer scout post.
(4)
Instructor. An instructor shall be a member with instructor status
responsible for the probationary and Department training programs.
(5)
Probationary fire fighters. Probationary fire fighters shall be members
in training to become active fire fighters. They shall be subject
to training as required under Wisconsin Administrative Code § SPS
330 and supervision as the Chief shall determine. Probationary fire
fighters shall become active fire fighters after one year on recommendation
by the Chief.
(6)
Active fire fighters. Active fire fighters shall be competent and
experienced members who have met the educational and training standards
set forth in Wisconsin Administrative Code § SPS 330 and
are actively engaged in the fire-fighting, administrative or rescue
functions of the Department.
(7)
Motor pump operators. The motor pump operators are appointed by the
Chief subject to approval of the Police and Fire Commission after
successful completion of all required state certification under Wisconsin
Administrative Code § SPS 330. They are responsible for
operation of the Department apparatus.
(8)
Lieutenant. The Lieutenant of each company, appointed by the Chief
subject to approval of the Police and Fire Commission, shall assist
his/her Captain in the discharge of his/her duties. In the absence
of the Captain, the Lieutenant shall officiate in his/her capacity.
(9)
Captain. The Captain of each company, appointed by the Chief subject
to approval of the Police and Fire Commission, shall command his/her
company and be responsible for the condition of his/her assigned apparatus
and equipment and such special projects or tasks as the Chief may
assign from time to time.
(10)
Battalion Chief. The Battalion Chief, appointed by the Chief
subject to approval of the Police and Fire Commission, shall assist
the Chief in his/her duties and, in the absence of the Chief, Assistant
Chief and Deputy Chief, shall act in the capacity of Chief.
(11)
Deputy Chief. The Deputy Chief, appointed by the Chief subject
to approval of the Police and Fire Commission, shall assist the Chief
in his/her duties and, in the absence of the Chief and Assistant Chief,
shall act in the capacity of Chief.
(12)
Assistant Chief. The Assistant Chief, appointed by the Chief
subject to approval of the Police and Fire Commission, shall assist
the Chief in his/her duties and, in the absence of the Chief, shall
act in the capacity of Chief.
B.
The number of positions available in each stated category shall be
determined by the Board of Trustees on an annual basis as part of
the annual budget.
A.
The regular monthly meeting shall be held the first Tuesday of each
month at 7:00 p.m. or other hour specified.
A.
Duties of business officers.
(1)
The business officers of the Department shall consist of the Chairperson
of the meeting, the Secretary and the Treasurer.
(2)
The Chairperson shall preside at all meetings of members.
(3)
The Secretary shall keep the minutes of all meetings, a signed copy
of which shall be filed with the Village Clerk.
(4)
The Treasurer shall receive all moneys of the Department drill fund,
pay out all moneys upon proper order and render an accounting at each
regular membership meeting.
B.
Election of business officers.
(1)
All business officers shall be elected by a majority vote of the
active members and shall hold office for a term of one year or until
their respective successors have been elected. All nominations will
be made from the floor. Any vacancies existing during the year may
be filled for the balance of the year by a majority vote of the active
members present at any regular monthly meeting.
(2)
Any business officer may be removed at any meeting upon the affirmative
vote of a majority of the active members present at such meeting.
A.
The regular monthly functions are:
(1)
First Tuesday of month: monthly and officers' meetings.
(2)
Second Tuesday: probationary member training/informal drill night.
(3)
Third Tuesday: required monthly drill night.
(4)
Fourth Tuesday: special drill night.
(5)
Fifth Tuesday: MPO training/special drill night.
(6)
Daytime monthly drill and meeting.
B.
It is required that fire fighters attend the first Tuesday monthly
meeting and a regular monthly drill. It is expected that probationary
fire fighters will attend as many special drills as possible. It is
mandatory that all fire fighters attend no fewer than two drills per
quarter and 10 drills per year. With few exceptions, all Tuesday night
Department activities begin at 7:00 p.m. Promptness in attendance
is a requisite. If for any reason a fire fighter is unable to attend
a required drill or meeting, that person is expected to notify his/her
company officer. Attendance at meetings and drills shall continue
until released by a company officer.
C.
Active fire fighters shall proceed to the fire station or location
of a fire as they may be commanded, immediately upon the alarm thereof,
shall attend all fires and shall obey all commands of their officers
in accordance with Department regulations. The tour of duty shall
continue until released by a company officer.
D.
Membership records shall be reviewed regularly by the Chief.
E.
Leaves of absence may be granted by the Chief for reasons acceptable
to the Chief. No more than two successive six-month leaves will be
granted any member.
F.
Any member who voluntarily leaves the Department or is dismissed
by the Chief for cause shall return to the commanding officer of his/her
company all Department property in his/her care, including pager,
radio, badges and insignia, or identification. He/she shall not use
any Department insignia or identification upon any personal equipment
purchased by him/her. Return of personal attire may be required at
the option of the Chief or his/her designee.
The Chief or any company officer shall have the power to excuse
any member for absence from fires, meetings or other occasions if
notified of good and valid reasons.
The Chief may appoint officers from active fire fighters, as specified in § A340-4, as the Chief may deem necessary, subject to the approval of the Police and Fire Commission and subject to removal in the manner provided for in § 62.13, Wis. Stats.
A.
The Chief shall be responsible for the general condition and efficient operation of the Department, the training of members and the performance of all other duties imposed upon him/her. The Chief may incur obligations on behalf of the Department, in conformity with other applicable ordinances of the Village, for operating supplies and services and emergency replacement of existing equipment when the purchase price therefor is $1,000 or less without prior approval of the Village Manager. When the purchase price of such supplies, services or equipment is more than $1000, the Chief shall, prior to the incurring of such obligations, obtain approval of the Village Manager pursuant to Chapter 54, § 54-3H of this Code.
B.
Subject to the provisions of Subsection A of this section, the Chief shall purchase and the Department shall use only such supplies and replacement equipment as shall be of the uniform size and type required by § 213.15, Wis. Stats., and Wisconsin Administrative Code Chapter SPS 330.
C.
The Chief shall prescribe a fire alerting system for use by the Department
and shall have the fire alerting system tested at regular intervals.
D.
The Chief shall make every effort to attend all fires and direct
the officers and members in the performance of their duties.
E.
The Chief shall have each fire investigated, with the general assistance
of Village Police Department, to determine its cause and in case of
suspicion of incendiarism shall notify the State Fire Marshal. Whenever
suspicion of incendiarism exists, the Chief shall take all reasonable
steps to preserve the situs of the fire intact, including cordoning
off, excluding unauthorized persons from or otherwise safeguarding
the area. In no event shall the Chief seize any physical evidence
of incendiarism pending arrival of the State Fire Marshal unless it
is necessary for the preservation of such evidence.
F.
The Chief shall see that all apparatus and equipment are properly
cleaned and in place and ready for use at all times.
G.
The Chief shall inspect or cause to be inspected and maintained the
public water hydrants and other designated sources of water supply
within the Village and shall see that water hydrants are free of ice
and snow.
H.
In the absence of the Chief, an Assistant Chief shall officiate in
the capacity of the Chief. The Assistant Chief shall execute his/her
duties in accordance with the operational procedures and directives
as set down by the Chief.
I.
Captains shall command their companies and have control thereof.
J.
The Captain shall be responsible for the condition of his/her assigned
apparatus and equipment.
K.
The Lieutenant of each company shall assist his/her Captain in the
discharge of his/her duties. In the absence of the Captain, the Lieutenant
shall officiate in his/her capacity.
L.
In the event of a vacancy in the position of Chief, names of candidates
may be submitted at any regular meeting of the Department and an advisory
vote shall be taken by all members present concerning said candidates.
The results of said vote shall be given to the Police and Fire Commission,
which may use such advisory voting information in the course of its
selection process.
Bylaw amendments may be amended from time to time by the Village
Board of Trustees.
A.
No persons shall be allowed to enter the fire station for the purpose
of handling any apparatus or equipment belonging to the Department,
except active or probationary members of the Department, or unless
such person is in the company of an active member of the Department.
B.
Any member of the Department shall be subject to discipline by the
Chief of the Department or the Police and Fire Commission pursuant
to § 62.13, Wis. Stats., when any of the following circumstances
adversely affect the Department:
(1)
Commission of a felony, misdemeanor or violation of any Village municipal
ordinance.
(2)
Insubordination or disobedience toward a superior officer.
(3)
Intoxication or impairment.
(4)
Unlawful use of controlled substances.
(5)
Neglect of duty or disobedience of any Department order.
(6)
Chronic absence from duty without leave.
(7)
Incapacity for duty, either mental or physical.
(8)
Breach of any discipline previously imposed.
(9)
Communicating confidential information relating to Department
business without permission.
(10)
Untruthfulness in connection with any activity or proceeding
reflecting upon the Department.
(11)
Violation of the provisions of these bylaws.
C.
No members of the Department shall drive, carry or cause to be driven,
carried or transported any Department vehicle or equipment without
obtaining the prior permission of an officer.
D.
Each member of the Department shall be held personally responsible
for all Department gear and equipment in his/her possession.
E.
Unauthorized use of another member's personal equipment is prohibited.
F.
All members driving equipment must have a Wisconsin Motor Vehicle
Department driver's license in good standing.
G.
All injuries must be reported to the officer in charge immediately
and must be reported on the fire or drill report of that instance.
A report must be made to the Chief and forwarded to the Village Clerk
as soon as possible.
H.
Members shall not discuss or disseminate the business of the Department
in any manner which may be detrimental to the reputation of the Department
at any time or place, except as authorized by the Chief, Village Manager,
or the Fire and Police Commission.
I.
All discipline shall be administered in accordance with §§ 61.65
and 62.13, Wis. Stats., and all subsequent amendments thereto.
