HomeMy WebLinkAbout6.h. Fire Department Personnel Policy and Fire Department Ordinance CITY OF ROSEMOUNT ''`
� EXECUTIVE SUMMARY FOR ACTION �'
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CITY COUNCIL MEETIlVG DATE: NNE 17, 1997
AGENDA ITEM: FIRE DEPARTMENT PERSONNEL AGENDA SECTION: CONSENT
POLICY/FIRE DEPARTMENT ORDINANCE
PREPARED BY: SUSAN WALSH AGENDA�� �� �
ASSISTANT TO CITY ADMIlVISTRATOR
ATTACHMENTS: POLICY/ORDINANCE APPROVED BY:
For City Council consideration and adoption are the Fire Department Personnel Policy and an Ordinance
amending the City Code regarding the Fire Department. The personnel policy will replace the fire department's
"Bylaws" and has been written to provide rules and regulations for the employment of firefighters. The policy
was partially developed by receiving input from a committee of firefighters who were very helpful in putting the
document together. The committee consisted of Wayne Paulson, Shawn Hill, Scott Aker, Steve Strese, Dave
Bailey, Mike Haeg and Jay Ford.
The attached ordinance amending the fire department regulations of the City Code was drafted in conjunction
with the new personnel policy. The fire department regulations set out in the current City Code have been
revised as part of the new personnel policy, are out of date or are no longer necessary.
RECOMMENDED ACTION: MOTION TO ADOPT THE FIRE DEPARTMENT PERSONNEL
POLICY AND TO ADOPT ORDINANCE NO. X.S, AN ORDINANCE AMENDING TITLE 6, CHAPTER
2, PERTAINING TO THE FIRE DEPARTMENT
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MEMORANDUM
DATE: June 17, 1997
TO: Mayor Busho
Councilmembers Anderson, Wippermann, Carroll, Edwards
FROM: Susan Walsh, Assistant to Administrator
SUBJ: Fire Department Ordinance-6(h) I
Attached for Council adoption this evening is a revised Fire Department Ordinance. In the ordinance
you received in your council packet, Section 6-2-1 referred to paid-on-call firefighters. In the
attached ordinance, "paid-on-call" has been removed and references fire department employees only
as"firefighters".
"Paid-on-call"was not referenced in the proposed personnel policy.
Attorney LeFevere has given his approval to remove"paid-on-ca11" from the ordinance.
Please consider the attached ordinance for adoption this evening rather than the one in your packet.
- , CITY OF ROSElVIOUNT
DAKOTA COUNTY,MINNESOTA
ORDINANCE NO. X.5
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2
OF THE CITY CODE PERTAINING TO THE FIRE DEPARTMENT
The City Council of the City of Rosemount, Minnesota, ordains as follows:
Section 1: Title 6, Chapter 2, of the Rosemount City Code is hereby amended in its entirety to read I
as follows: '
CHAPTER 2
FIRE DEPARTMENT ,
SECTION:
6-2-1: Organization '
6-2-2: Relief Association '
6-2-3: Interference with Department, Penalty ',
6-2-1: Organization: The fire department created by Ordinance No. X.1 on August 16, 1973 shall
consist of such number of officers and firefighters as the City Council deems necessary to
meet the needs of the City.
6-2-2: Relief Association: The officers and firefighters may organize and incorporate a relief
association in accordance with the laws of the State of Minnesota.
6-2-3: Interference with Department, Penalty: It shall be unlawful for any person to give or make, or
cause to be given or made, an alann of fire without probable cause, or to neglect or refuse to
obey any reasonable order of the chief at a fire, or to interfere with the department in the
discharge of its duties; and any person guilty of violating any provision of this Chapter is
guilty as provided by State law.
Section 2: This ordinance shall be effective immediately upon its passage and publication.
ADOPTED this 17th day of June, 1997. I
Cath Busho Ma or II
Y � Y
ATTEST:
Susan M. Walsh, City Clerk ''
Published this day of June, 199� in the Rosemount Town Pages. '
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CITY OF ROSEMOI:TNT
FTRE DEPAR'IfiitENT
PF:RSONI�TEL POI.ICY
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TABLE OF CONTENTS
Section No. Section Name (Alphabeticallv Listed) Page Number
4 Background Investigations 2
6 Compensation Plan 3
15 Discipline 20
11 Driver's License 17
8 Drug and Alcohol Testing Policy 5
16 Grievance Procedure 22
12 Leaves of Absence 17
14 Officer Selection Procedures 19
13 Participation Requirements 18
5 Probationary Period 2
1 Purpose 1
3 Requirement of Physical&Psychological Examination 1
7 Smoke Free Workplace 5
2 Statement of Non-Discrimination 1
10 Use of Vehicles 15
9 Workplace Harassment Policy 13
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CITY OF ROSEMOUNT
FIRE DEPARTMENT PERSONNEL POLICY
Section l. PURPOSE
The purpose of this policy is to establish a uniform and equitable system of municipal personnel
administration for all employees of the City of Rosemount Fire Department. Any term and
condition of employment not specifically established in this personnel policy shall remain solely
within the discretion of the city to modify, establish, or eliminate. The city retains the full and
unrestricted right to operate and manage all manpower, facilities and equipment; to establish
functions and progams; to set and amend budgets; to determine the utilization of technology; to
establish and modify the organizational structure; to select, and direct and determine the number
of personnel; to establish work schedules, and to perform any inherent managerial functions not
specifically referred to in this section. Nothing in this policy shall be construed as part of an
employment contract between the city and its employees. Additionally, the provisions in this
policy supersede all prior fire department employee policies and the"Bylaws of the Rosemount
Volunteer Fire Department." Nothing in this policy shall be construed as creating anything other
than an employment-at-will relationship between the city and its employees. The city reserves the
right to discharge city employees at any time, and for any reason, subject only to limitations il
imposed by law. i
Section 2. STATEMENT OF NON-DISCRIMINATION I�I
It is the policy of the city to provide equal employment opportunity to all persons. All i
employment policies and practices shall be non-discriminatory in compliance with federal laws, ,
state statutes and local ordinances. No individual sha11, on the basis of race, orientation, age, '
marital status, disability or status with regard to public assistance, be excluded from employment
or be subjected to discrimination regarding any and all terms and condition of employment by the '
city.
Section 3. REOUIREMENT OF PHYSICAL & PSYCHOLOGICAL EXAMINATION
An applicant or employee appointed to a position must be of sufficient health to satisfactorily
perform the essential duties and responsibilities of the position.
After a conditional offer of employment has been made, applicants shall be required to undergo
and pass an appropriate pre-placement health screening prior to appointment to a position. The
city will pay the total cost of such conditional offer, pre-employment examinations. A medicai
evaluation report received by the City shall be filed with the administration department.
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Whenever it appears that an employee may have a mental or physical condition which causes such
employee to be considered a risk to the health and safety of his/her self or others, or whenever the
employee is considered by the fire chief to have a condition that may substantially affect the ��
employee's ability to perform the essential duties and responsibilities of the position involved, the '
city may require such employee to discontinue work immediately and be examined at the city's '�,
expense by a qualified physician or psychologist approved by the city. The city's determination 'i
must be based on specific, contemporaneous and articulable observations concerning the mental ',
or physical condition of the employee. Upon proper medical release, the physician shall provide a j
medical evaluation report to the city. �',
Whenever an employee is receiving medical treatment which includes a prescription drug which ,
would likely affect the employee's mental and/or physical ability to perform the employee's work, '
the employee has a duty to notify the fire chief of such treatment. '
Section 4. BACKGROUND INVESTIGATIONS ''
Upon request of the city administrator or designee, the police department shall provide certain '
criminal history data provided by the Minnesota Bureau of Criminal Apprehension (B.A.) and �,
federal criminal history about the prospective employee. The data to be provided must only be I
about finalists for firefighter positions. The city administrator or designee must obtain the consent '
of the finalists before requesting the data, but an applicant's failure to provide consent may
disqualify the applicant from the prospective position. I
Section 5. PROBATIONARY PERIDD
Any original appointment as a regular firefighter shall be subject to an initial probationary period
of two (2)years. During the probationary period, an employee may be dismissed at the city's sole
discretion for any reason or for no reason. A probationary employee shall have no rights to
appeal such a decision. Prior to the expiration of the initial probationary period, the employee's
performance shall be evaluated in writing by the fire chief and given to the city administrator with
a written recommendation that the employee be dismissed or a statement that the employee has
successfully completed the probationary period and can be considered as a regular firefighter.
During the probationary period, the probationary firefighter can and shall receive training and
guidance in order to help him/her adjust effectively to the position. A probationary firefighter
must satisfactorily complete the city's required course of instruction during his/her probationary
period.
(1) The fire chief may waive the required training and/or course of instruction if s/he is convinced
that the employee has successfully completed the same or equivalent training or instruction.
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(2) At any time during the probationary period, the fire chief may require such employee to begin
and successfully complete any poRion or all of any such training or instruction previously
waived.
The City Administrator may extend the probationary period for specific individuals for an
additional six {6) month period, not to exceed one(1) year, upon the recommendation of the fire
chief.
Section 6. COMPENSATION PLAN
A fire department compensation plan shall be adopted by the city council and shall constitute the
official compensation plan for a11 positions in the fire department. The city council may amend the
compensation plan at any time that it deems such amendment necessary or appropriate in the
interest of good personnel administration or the financial condition of the city as recommended by
the city administrator.
Firefighters shall be paid their appropriate on call hourly pay for the following fire department
activities:
(1) Response to fire and other emergency incidents from the time of the initial dispatch for a
minimum of one hour. For time exceeding one hour, time will be paid in quaRer hour
increments. Times sha11 be noted on the incident sign-in sheet and entered into the payroll
data system.
(2) Participation in weekly training and drill activities: Drills are paid in a full hour increments for
one hour and in quarter hour increments for time exceeding one hour as assigned by the
instructor, training coordinator or other fire department officer, upon approval of the fire
chief or his/her designee. Time shall be noted on the training sign-in sheet.
(3) Participation in station and vehicle maintenance activities: These activities are a one hour
minimum with quarter hour increments for time exceeding one hour. All maintenance '
activities must be assigned or authorized by a captain with prior approval by the fire chief or
his/her designee. Time and details of work performed shall be entered into the work detail �,
sheets by the firefighter after completion of the work. These records shall be examined ,,
periodically by the fire chief or one of the chief officers for accuracy and entered into the fire I,
department payroll system. I
(4) Participation in fire safety education activities: These activities are a one hour minimum with '
quarter hour increments for time exceeding one hour. Time and details of work performed ',
shall be entered into the activity sheets by the fire fighter after completion of the work. These '
records shall be examined periodically by the fire chief or one of the chief officers for
accuracy and entered into the fire department payroll system.
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(5) Participation in miscellaneous activities: Examples of these activities are administrative
functions, assisting with training, public relations and representing the fire department at li
various meetings. These activities require pre-approval by the fire chief or his/her designee. i�
These activities are a one hour minimum with quarter hour increments for time exceeding one �
hour. Time and details of work performed shall be entered into the activity sheets by the I
firefighter after completion of the work. These records shall be examined periodically by the
fire chief or one of the chief oi�icers for accuracy and entered into the fire department payroll
system.
(6) With the exception of probationary firefighters, firefighters shall be paid for mandatory
training classes and for up to sixteen(16) hours of optional training for each hour of class
he/she attends per calendar year. All classes must be approved by the fire chief. Firefighters
shall be paid upon proof of satisfactory or successful completion of the class. The fire j
department will pay for pre-approved course tuition and provide a fire department vehicle I,
when available. Firefighters shall be reimbursed for travel, hotel, meal and rruscellaneous I
expenses as approved by the fire chief. '
Employees shall no longer accrue advanced earned credits. Employees who have !,
accumulated advanced earned credits will be paid for any credits for which the employee has '
not received pay. Employees will be paid for one-half of their accumulated unpaid credits in ��I
1998 and the remaining one-half in 1999. '
(7) Where pre-approval is required above, a written request form shall be submitted to the fire �'I
chief for approval for authorization of training funds. Approval by the fire chief sha11
consider the appropriateness of the class and cost of class in relation to overall department
training needs.
(8) The fire chief and assistant fire chief shall be paid a stipend for administrative duties relating
to their respective officer functions. Other positions shall be paid a stipend as approved by
the city council. The fire chief and assistant chief should not turn in hours for work details or
administrative functions unless the city administrator has authorized these duties for hourly
pay. The city administrator sha11 approve quarterly pay sheets for the fire chief and assistant
fire chief.
(9) Firefighters responding to fire and rescue calls when participating in drill or training, shall be
paid the training rate. If the ca11 time extends past the training or drill time, then firefighters
shall be paid the fire and rescue call rate.
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Work Details Authorized for Firefighter on Call Hourly Pc�y:
Fire Calls Rescue Calls Standby
Truck Maintenance Station Maintenance Fire Safety Education Events
Work Details Authorized for Firefighter Training Pay:
Fire Department Meetings Weekly Drills Special Drills
Authorized Committee Mtg. Hose Testing Fire Extinguisher Training
Wacota Firefighter Mtg. Up to 16 hours approved optional training
Annual physicals
Work Details Authorized for Fire Chief and Assistant Fire Chief On Call Hourly Pay:
Fire Calls Rescue Calls Standby
Officer Duty Calls Fire Safety Education Events
Work Details Authorized for Fire Chief and Assistant Fire Chief Training Pay:
Weekly Drills Authorized Committee Mtgs. Wacota Firefighter Mtg.
Special Drills Up to 16 hours approved optional training
Annual Physicals
All other work details are part of officer salary
Non-Hourly Pay Details:
Relief Assoc. Functions Conferences/conventions Parades
Adopt a Highway Program
Section 7. SMOKE FREE WORKPLACE
The city is dedicated to providing healthy, comfortable, public facilities for its citizens and visitors !,
and a healthy, comfortable and productive work environment for its employees. The city provides ',
that all city buildings, structures and vehicles are smoke free.
Section 8. DRUG AND ALCOHOL TESTING POLICY
Abuse of drugs and alcohol is a nationwide problem. It affects persons of every age, race, sex and
ethnic group. It poses risks to the health and safety of employees of the City of Rosemount and
to the public. This policy establishes standards concerning drugs and alcohol which all employees
must meet. It also establishes a testing procedure to ensure that those standards are met.
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The Drug and Alcohol Testing Policy of the City of Rosemount, Minnesota, will conform to the
requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-
Free Workplace Act of 1988 and be as follows:
Definitions:
Confirmatory Test and Confirmatory, Retest: A drug or alcohol test that uses a method of
analysis allowed under one of the programs listed in Minn. Stat. 181.953, Subd. 1.
Drus: A controlled substance as defined in Minn. Stat. 152.01, Subd. 4.
Drug and Alcohol. Drug or Alcohol Testing, and Drug or Alcohol Test: An analysis of a body
component sample according to the standards established under one of the programs listed in
Minn. Stat. 181.953, Subd. 1 for the purpose of ineasuring the presence or absence of drugs,
alcohol, or their metabolites in the sample tested.
Dru..�Paraphernalia: As set forth in: Minnesota Statutes 152.01, Subd. 18.
Em�loyee: A person, independent contractor, or person working for an independent contractor
who performs services for the City of Rosemount for compensation, in whatever form.
Initial Screenin�Test: A drug or alcohol test which uses a method of analysis under one of the
programs listed in Section 1 S 1.953, Subd. l, or alcohol in a sample.
Job Applicant: A person, who applies to become an employee of the City of Rosemount, and
includes a person who has received a job offer made contingent on the person passing drug and '
alcohol testing. ',
Positive Test Result: A finding of the presence of drugs, alcohol, or their metabolites in the '�
sample tested in the levels contained in the standards of one of the programs listed in Minn. Stat. I
181.953, Subd. 1.
Reasonable Sus�icion means a basis for forming a belief based on specific facts and rational
inferences drawn from those facts.
Under the Influence: Having the presence of a drug or alcohol at or above the level of a positive
test result.
City Rules:
(1) No employee shall be under the influence of any drug or alcohol while the employee is
working or while the employee is on City premises or operating City vehicles, machinery, or
equipment, except to the extent authorized by a valid medical prescription.
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(2) No employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs,
alcohol or drug paraphernalia while the emptoyee is working or while the employee is on the
City's premises or operating City vehicles, machinery or equipment, except pursuant to a
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valid medical prescription or when engaged in approved law enforcement activity.
(3) An employee shall notify the City in writing of any criminal drug statute conviction for a
violation occurring in the workplace no later than 5 days after such conviction. The City
shall notify the appropriate federal agency of such conviction within 10 days of receiving
notice from the employee.
Persons Subject to Testing:
Employees and job applicants are subject to testing. No person will be tested for drugs or alcohol
under this policy without the person's consent. The City will request or require an individual to
undergo drug or alcohol testing only under the circumstances described in this policy. Employees
and job applicants are subject to testing under the City's Policy Implementing the Federal
Omnibus Transportation Employee Testing Act and Related Regulations if applicable. .
Circumstances or Dru or Alcohol Testin :
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(1) Job ap�licants. Job applicants may be requested to undergo drug and alcohol testing after a
job offer has been conditionally made and before commencing employment in the position.
(2) Reasonable suspicion testin�. The City may request or require an employee to undergo drug
and alcohol testing if there is a reasonable suspicion that the employee:
(a) is under the influence of drugs or alcohol while the employee is working or while the
employee is on the City's premises or operating City vehicles, machinery, or equipment;
or
(b) used, possessed, sold or transferred drugs, alcohol or drug paraphernalia while the
employee is working or while the employee is on City premises or operating City
vehicles, machinery, or equipment; or
(c) has sustained a personal injury as that term is defined in Minnesota Statutes 176.011,
Subd. 16, or has caused another person to die or sustain a personal injury; or
(d) has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident resulting in total property
damage exceeding $1,000, as estimated by a department supervisor at the scene of the -
accident or at the time the accident reported; or
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(e) has discharged a firearm other than (a) on a target range, or(b) while conducting
authorized ballistics tests, or(c) as authorized by Rosemount Police Department rules
and regulations concerning dangerous or suffering animals; or has, as determined only by
employee's department head, or his/her official designate, or the City Administrator,
engaged in an act or omission related to the performance of the job, whether committed
on or off duty, that logically requires or justifies such testing, revealed as a clear and
compelling necessity by the nature of the incident.
(3) Other testin�. The City may permit an employee who has requested a drug and alcohol test
to undergo testing in accordance with the procedures established by this policy or by State or
Federal Law.
(4) Treatment program testin�. The City may request or require an employee to undergo drug
and alcohol testing if the employee has been referred by the City for chemical dependency
treatment or evaluation or is participating in a chemical dependency treatment program under
an employee benefit plan, in which case the employee may be requested or required to
undergo drug or alcohol testing without prior notice during the evaluation or treatment
period of up to two years following completion of any prescribed chemical dependency
treatment program.
Refusal to Undergo Testing:
(1) Job applicants: If a job applicant refuses to undergo drug or alcohol testing requested or
required by the City, no such test shall be given, and the job applicant shall be deemed to
have withdrawn the application for employment.
(2) Employees: If any employee refuses to undergo drug or alcohol testing requested or required ',
by the City, no such test shall be given, and the employee is subject to discipline up to and '',
including termination of employment. I
(3) Refusal on reli ious ro� unds: No employee or job applicant who refuses to undergo drug or I'I
alcohol testing of a blood sample upon religious grounds sha11 be deemed to have refused
unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine
sample.
Procedure for Testing:
(1) Notification form: Before requesting an employee or job applicant to undergo drug or
alcohol testing, the City shall provide the individual with a form on which to (a} acknowledge
that the individual has seen a copy of the City of Rosemount drug and alcohol testing policy,
and (b) indicate any over-the-counter or prescription medications that the individual is
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currently taking or has recently taken and ariy other information relevant to the reliability of,
or explanation for, a positive test result, and (c) indicate consent to undergo the drog and
alcohol testing.
(2) Test sample: The test sample shall be obtained in a private setting, and the procedure for
taking the sample sha11 ensure privacy to employees and job applicants to the extent
practicable consistent with preventing tampering with the sample, and may include a witness.
The test sample sha11 be taken on the City's premises or at a medical facility designated by the
employer.
(3) Identification of samples. Each sample sha11 be sealed into a suitable container free of any
contamination that could affect test results. The sample shall be identified for processing by
the licensed testing laboratory.
(4) Chain of custodv. The City shall use a testing laboratory which has established a reliable
chain-of-custody procedure to ensure proper record keeping, handling,labeling, and
identification of the samples to be tested. The procedures must require the following:
(a) possession of a sample must be traceable to the employee from whom the sample is
collected, from the time the sample is collected through the time the sample is delivered
to the laboratory;
(b} the sample must always be in the possession of, must always be in view of, or must be
placed in a secured area by a person authorized to handle the sample;
(c) a sample must be accompanied by a written chain-of-custody record;and
(d) individuals relinquishing or accepting possession of the sample must record the time the
possession of the sample was transferred and must sign and date the chain-of-custody
record at the time of transfer.
(5) Laboratorv. The City shall use the services of a testing laboratory that meets one of the
following criteria for drug testing:
(a) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines
published at 54 Federal Register 11970 to 11989, April 11, 1988;
(b) is accredited by the College of American Pathologists, 325 Waukegan Road,Northfield,
Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or
(c) is licensed to test for drugs by the state of New York, department of health, under Public
Health Law, article 5, title V, and rules adopted under that law.
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For alcohol testing, the laboratory must either be:
(i) licensed to test for drugs and alcohol by the state of New York, department of
health, under Public Health Law, articie 5, title V, and the rules adopted under that
law; or
(ii) accredited by the College of American Pathologists, 325 Waukegan Road,
Northfield, Illinois, 60093-2'750, in the laboratory accreditation program.
(6) Retention and stora�e: All samples that produce a positive test result sha11 be retained and
properly stored for at least six months.
(7) Test report: The testing laboratory shall prepare a written report indicating the drugs,
alcohol, or their metabolites tested for and whether the test produced negative or positive test
results. The testing laboratory shall disclose that report to the City within three working days
after obtaining the final test results.
(8) Notice of test results: Within three working days after receipt of the test result report from
the testing laboratory, the City shall inform an employee or job applicant who has undergone
drug or alcohol testing in writing of a negative test result on an initial screening test or of a
negative or positive test result on a confirmatory test. The City shall also inform an employee
or job applicant of the following rights pursuant to Minn. Statutes 181.953:
(a) The right to request and receive from the City a copy of the test result report.
(b) The right to request within five working days after notice of a positive test result a
confirmatory retest of the original sample at the employee's or job applicant's own
expense. If a confirmatory retest is conducted in accordance with Minn. Statute
181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used
in the confirmatory test, and the confirmatory retest does not result in a positive test
result the City shall reimburse the employee or job applicant the actual cost of the
confirmatory retest in an amount not to exceed $100.00.
(c) The right to submit information to the City within three working days after a notice of a
positive test result to explain that result.
(d) The right of an employee for whom a positive test result on a confirmatory test was the
first such result on a drug or alcohol test requested by the City not to be discharged
unless the City has first given the employee an opportunity to participate in either a drug
or alcohol counseling or rehabilitation program. Participation in a counseling or
rehabilitation program will be at the employee's own expense or pursuant to coverage
under an employee's benefit plan. The City may determine which type of program is ,
more appropriate for the employee after consultation with a certified chemical use ,
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counselor or a physician trained in the diagnosis and treatment of chemical dependency.
The employee ma.y be discharged if he/she has either refused to participate in the
counseling or rehabilitation program or has failed to successfully complete the program.
Withdrawal from the program before its completion or a positive test result on a
confirmatory test after completion of the program will be considered evidence that the
employee failed to successfully complete the program.
(e) The right to be reinstated with back pay if the outcome of the confirmatory test or
requested confirmatory retest is negative.
(fl The right not to be discharged, disciplined, discriminated against, or required to be
rehabilitated on the basis of inedical history information revealed to the City concerning
the reliability of, or explanation for, a positive test result unless the employee or job
applicant was under an affirmative duty to provide the information before, upon, or after
hire.
(g) The right to access the information in the employee's personnel file relating to positive
test result reports and other information acquired in the drug and alcohol testing process
including conclusions drawn from and actions taken based on the reports or other
acquired information.
(h) The right of an employee or a job applicant, who has received a job offer made
contingent on the applicant passing drug and alcohol testing, to not have the offer
withdrawn based on a positive test result from an initial screening test that has not been
verified by a confirmatory test.
Action After Test:
(1) Job a licants: The appointing authority will not withdraw an offer of employment made
contingent on the job applicant passing drug and alcohol testing based on a positive test
result from an initial screening test that has not been verified by a confirmatory test. Where
there has been a positive test result in a confirmatory test and in any confirmatory retest, the
appointing authority will withdraw the contingent offer of employment if the City determines
in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse(1)
prevents the job applicant from performing the essential functions of the job in questions; or
(2) constitutes a direct threat to property or the safety of others, or(3) otherwise constitutes
a bona fide occupational qualification.
(2) Employees: The City will not discharge, discipline, discriminate against, or request or require
rehabilitation of an employee solely on the basis of a positive test result from an initial
screetung test that has not been verified by a confirmatory test. Where there has been a
positive test result in a confirmatory test and in any confirmatory retest, the City may do the
following:
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(a) First positive test result: Give the employee an opportunity to participate in either a drug
or alcohol counseling or rehabilitation program, whichever is more appropriate. The
City will consult with a certified chemical use counselor or physician trained in the
diagnosis and treatment of chemical dependency before approving the program.
Participation in a counseling or rehabilitation program will be at the employee's own
expense or pursuant to coverage under an employee's own benefit plan. If the employee
either refuses to participate in the counseling or rehabilitation program or fails to
successfully complete the program, as evidenced by withdrawal from the progam before
its completion or by a positive test result on a confirmatory test after completion of the
prograrn, and alcohol or drug abuse prevents the employee from performing the essential
functions of the job in question or constitutes a direct threat to property or the safety of
others or otherwise constitutes a bona fide occupational qualification, the employee may
be discharged from employment.
(b) Second positive test result. Where alcohol or drug abuse prevents the employee from
performing the essential functions of the job in question or constitutes a direct threat to
property or the safety of others or otherwise constitutes a bona fide occupational
qualification, the employee will be disciplined, including, but not limited to, discharge
from employment.
(c) Suspensions and transfers: Notwithstanding any other provisions herein, the City may
temporarily suspend the tested employee with pay for up to 90 days or transfer that
employee to another position at the same rate of pay pending the outcome of the
confirmatory test and, if requested, the confirmatory retest, provided the City believes
that it is reasonably necessary to protect the health or safety of the employees, or the
public.
(d) Other misconduct. Nothing in this policy limits the right of the City to discipline or
discharge an employee on grounds other than a positive test result in a confirmatory test,
including conviction of any criminal drug statute for a violation occurring in the
workplace.
Data Privacy:
The City will not disclose the test result reports and other information acquired in the drug or
alcohol testing process to another employer or to a third party individual, governmental agency,
or private organization without the written consent of the employee tested, unless permitted by
law or court order.
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Rights of Employees:
An employee has a right to offer the City a written explanation of a positive test result on a
confirmatory test within three working days after notice of the positive test result, and has a right
� to request within five working days after notice of a positive test result a confirmatory retest of
the original sample at another licensed testing laboratory at the employee's or job applicant's own
expense.
Appeal Procedure:
Employees may appeal decisions made by the City under this subsection through the grievance
procedure of this personnel policy. The City will not retaliate against an employee for pursuing an
appeal or other remedies provided in Minn. Stat. 181.956.
Good Faith Effort:
The City of Rosemount will make a continuing good faith effort to maintain a drug-free
workplace through the implementation of its Drug and Alcohol Testing Policy.
Contact:
The employer designated contact person will coordinate the implementation, direction, and
administration of the City's alcohol and controlled substances policy.
Employee questions concerning this policy should be directed to the contact person.
Susan M. Walsh, Assistant to City Administrator; Telephone: 322-2002
Section 9. WORKPLACE HARASSMENT POLICY
The City wants to maintain a comfortable and productive work environment that fosters ',
professionalism. Employees must be free to exercise their duties without fear of verbal or '
physical intimidation or duress. The City realizes the seriousness of harassment and expresses its
earnest desire to prevent the occurrence of such incidents.
Policy:
A fundamental and key policy of the City is to maintain a working environment which is free of
discrimination and harassment of any kind. Both Title 7 of the Federal Civil Rights Act of 1964
and Chapter 363 of Minnesota State Statutes prohibit discrimination and harassment (hereafter
abbreviated as"harassment") in the workplace. The City does not condone and will not
knowingly tolerate harassment by an employee of any other City employee,job applicant, official
or member of the public with whom employees corne into contact while doing work. Simply put,
harassment has no place in the workplace. This section shall apply to all groups listed in Section
2.
13
What Constitutes Workplace Harassment:
General Definition: Workplace harassment may be defined as: comments or actions with respect
to an employee's religion, race, color, creed, national origin, sex, marital status, age, sexual
orientation or medical or disabling condition which comments or actions causes an employee
worry or torment or forces the employee being harassed into situations or behavior not required
by that employee's job responsibilities.
Examples of Workplace Harassment: The following are some examples of conduet which may be
considered harassment:
(1) Remaxks about a person's body, or sexual activities.
(2) Racial, sexual or ethnic comments. �
(3) Patting, pinching or unnecessary touching.
(4) Demanding or suggesting that sexual favors be granted and, if they are not, one's existing job
or promotional potential will suffer.
(5) Physical assault.
(6) Favoritism to one employee over another which has its origins in religion, color, race, sex,
etc.
(7) Derogatory remarks about a person's age or physical condition.
(8) Relating of jokes or dissemination of pictures, cartoons or stories which are offensive because
they relate to race, sex, age, etc.
(9} The display of pictures, posters, calendars, graffiti or similar materials which are sexually
suggestive, sexually demeaning or pornographic.
Reporting Workplace Harassment:
If an employee believe he or she has been the victim of harassment or has wimessed an act of
harassment they are urged to bring it to the immediate attention of the City. Employees may do
so by filling out the required forms and meeting with the City officials designated to receive this
form and trained in dealing with such reports.
The City's designated officials is the Assistant to City Administrator at Rosemount City Hall,
telephone 423-4411, located lat 2875 - 145th Street West, Rosemount, MN 55068. Reports can
be made either verbally or in writing to the designated official at any time during work or off
hours subject to availability. However, harassment investigation cannot commence until the
necessary forms are complete.
14
,
If an employee has difficulty filling out the form, the designated of�'icial will assist the employee in
doing sa
Employees may also contact the following governmental organizations to report harassment:
Minnesota De artment of Human Ri ts
P �
500 Bremer Tower
7th Place and Minnesota Street
St. Paul, Minnesota 55101
(612)296-5663
Equa1 Employment Opportunities Commission
Room 178
110 South Fourth Street
Minneapolis, Minnesota 55401
(612)349-3495
Investigation of Harassment Reports:
All reports of harassment will be taken seriously by the City and will be investigated through the
conduct of interviews, examinations of relevant records and other inquiries. Although
investigations cannot be confidential, they will be handled with as much discretion as is reasonably
possible taking into account the need for a thorough investigative process.
Upon completion of the harassment investigation, the City will make a determination as to
whether harassment has occurred and will inform the subject of the alleged harassment and the
alleged harasser of its deternunation. Where the City has deternuned that harassment has
occuned, appropriate disciplinary action will be taken, up to and including ternunation of the
harasser.
Retaliation Prohibited:
The City will not tolerate any form of retaliation against an employee who makes a complaint or
participates in a harassment investi�ation. Examples of prohibited retaliation include discipline,
changing work assignments of, providing inaccurate work information to, or refusing to
cooperate or discuss work related matters with any employee because that employee has reported
harassment or cooperated in the investigation of a harassment report.
If the City determines that an employee has violated the prohibition against retaliation, that
employee will be subject to disciplinary action up to and including termination.
Section 10. fISE OF VEHICLES I
This policy sets forth regulations and procedures for both city owned vehicles and privately ''
owned vehicles operated on city business. '
15
Use of City Yehicles:
(1) Any employee on City business shall use a City vehicle if possible. All use of City vehicles
must be approved by the immediate supervisor.
(2) The use of City vehicles for personal reasons is prohibited. Violation of this provision may
subject the employee to disciplinary action.
(3) An employee using a City vehicle must have a valid driver's license and follow a11 traffic
regulations.
(4) An employee shall not transport another employee to and from work and home except in '
emergency situations. '
(5) Some positions require that the employee be allowed to take a City vehicle home. The !i
following criteria sha11 be used to determine which employees shall take vehicles home.
(a) The employee responds to emergency situations.
(b) The empIoyee responds to ca11 outs after working hours.
(c) The employee responds to situations requiring specialized equipment contained in
vehicles.
(d) A situation where it is more economical to use a City vehicle.
(e) The level of City service will be improved significantly.
(6) The following are conditions relating to vehicles taken home:
(a) Vehicles shall be used for City business only.
(b) The employee shall live within the City.
(c) The vehicle shall not be parked on the street overnight and inside a gaxage if possible.
(d) Employees cannot transport anyone in the City vehicle unless such persons are
conducting business with the City.
(e) The vehicle shall be left with the respective department when the employee is on
vacation.
Use of Private Vehicles:
(1) Using a private vehicle for City business requires prior approval.
(2) Mileage reimbursement will be made at the cunent rate established by the IRS.
(3) According to standard insurance requirements, any employees receiving reimbursement for
personal vehicle use will assume liability through their own vehicle insurance in the event of
an accident.
(4) Employees will not be reimbursed for mileage incurred to and from home and the fire station.
16
Accidents:
Accidents involving City or personal vehicles on City business should be reported immediately.
Section 11. DRIVER'S LICENSE
All firefighters are required to possess a valid, unrestricted drivers license. It is assumed that in
emergency conditions, all personnel shall be able to operate fire apparatus including driving the
apparatus. A valid, unrestricted drivers license is therefore required.
Employees must immediately notify the fire chief if their drivers license is revoked or restricted.
In the event a license is modified in any way the State of Minnesota which restricts driving
privileges, the conditions must clearly state the person is able to respond to fire and emergency
ca11s, participate in fire training activities and operate fire department emergency vehicles.
Firefighters whose driving privileges are revoked or modified in such a way that they cannot fully
participate in fire activities and/or drive department emergency vehicles may be placed on inactive
duty status during the period for which their license is restricted.
Section 12. LEAVES OFABSENCE
Any firefighter, including probationary employees, may request a leave of absence from active
duty on the fire department. Such requests shall be in writing and presented to the fire chief who
shall recommend approval or disapproval.
Personal Leave of Absence:
(1) Upon affirmative recommendation from the fire chief, the city administrator may approve a '
personal leave up to ninety (90) days. '
(2) Personal leave of more than ninety (90) days and up to one hundred eighty(180) days
requires city council approval.
(3) While an employee is on a personal leave, he/she shall be placed on inactive duty status; and
the time on personal leave does not count towards time-of-service.
Medical Leave of Absence:
(1) All requests for medical leave of absence shall be accompanied by a written statement from a
physician stating that the firefighter is not able to perform the essential duties of the position
for some specific period of time. Additional statements from the physician may be required
by the fire chief at reasonable intervals to document that the individual is still not able to
return to work.
17
(2) The city administrator may approve a medical leave up to sixty(60) days.
(3) A medical leave of more than sixty (60) days requires city council approval.
(4) Any firefighter who returns to duty following a medical leave in excess of sixty(60) days may
be required to take a physical examination before returning to active duty.
(5) Approved medical leaves of sixty(60) days or less per calendar year, does not affect an
employee's time-of-service.
Section 13. PARTICIPATIONREQUIREMENTS
All duly appointed firefighters shall meet all fire call and training requirements as listed below.
Such requirements shall include, but not be limited to, percentage of attendance requirements for
fire calls and departmental training activities, completion of other required training and
participation in annual health examinations. Failure to meet minimum participation requirements
shall be cause for termination.
Fire Call Attendance Percentage:
(1) Firefighters Fire Call Attendance Percentage: All firefighters shall maintain a minimum fire
call attendance of thirty (30) percent of a11 paged calls that occur.
(2) Failure to Maintain Fire Ca11 Attendance Percentage: Failure to maintain the minimum fire
call attendance percentage shall be cause for disciplinary action. Fire call attendance ,
percentage sha11 be reviewed on a quarterly basis. During any quarter, if a firefighter fails to ',
meet minimum fire call attendance percentages, s/he shall be subject to disciplinary action. �
The first occasion shall result in a verbal warning. The second shall result in a written
warning. The third occasion shall result in a suspension from the fire department for fifteen
(15) days. On the fourth occasion, the fire chief shall recommend termination.
Fire officer fire call minimum attendance requirements shall be reviewed quarterly and shall
be cause for the same disciplinary action as for firefighters, except on the third occasion, the
fire o�icer shall be demoted to firefighter as well as serving the fifteen(15) day suspension.
(3) Excused Absences from Fire Calls: Firefighters may be excused from fire calls if they have
received prior approval for missing fire calls due to involvement in other fire department
activities. A written request for excused absences sha11 be submitted to the fire chief in
advance for review by the chief officers of the period being requested for an excused absence.
18
,:
Fire Training Attendance Percentage:
(1) All firefighters shall maintain a minimum fire training attendance percentage of sixty-six(66)
percent. Drill attendance may be excused due to military duty and jury duty. Firefighters
may receive credit for attending drill if they participate in other fire related pre-approved
training. Firefighters requesting credit for drill for other training sha11 submit such requests in
writing to the fire chief for consideration by the chief officers. The written request should
detail the subject of the training, detail of the lesson, the instructor, the location, date and
time.
(2) Failure to Maintain Fire Training Attendance Percentage: Failure to maintain the minimum
fire training percentage shall be cause for disciplinary action. Fire training attendance
percentage shall be reviewed on a quarterly basis. During any quarter, if a firefighter fails to
meet minimum fire training percentage, s/he shall be subject to disciplinary action. The first
occasion shall result in a verbal warning. The second shall result in a written warning. The
third occasion shall result in a suspension from the fire department for a period of fifteen(15)
days. The fourth occasion shall result in a recommendation by the fire chief for termination.
Fire officer minimum training attendance shall be reviewed quarterly and sha11 be cause for
the same disciplinary action as for firefighters; except on the third occasion, the fire officer
shall be demoted to firefighter as well as serving the fifteen {15) day suspension.
(3) For the purpose of determining the appropriate discipline for failure to maintain minimum fire
call and/or training articipation, the City shall consider such failures occurring during the
P
year preceding the most recent occurrence. If no failure to meet minimum requirements has
occurred during such one year period, failure to maintain minimum fire call and/or training
participation sha11 be considered a first occunence.
Section 14. OFFICER SELECTION PROCEDURES
The fire chief, assistant chief and secretary shall be selected and assigned by the city administrator,
subject to confirmation by the city council.
The fire chief shall be selected from applicants meeting the minimum qualifications for the
position. Applicants will be interviewed by a selection panel of six members, three members of
which shall be firefighters. Firefighters wishing to serve on the panel will volunteer. If more than
three firefighters volunteer, selection will be made by the city administrator. In the case of the fire
chief, the city administrator may interview the candidates. The city administrator shall make
his/her selection as to the candidate deemed to be most qualified for assignment as fire chief and II,
submit the recommendation to the city council for confirmation. �
In the case of the assistant fire chief and secretary, the fire chief may interview the finalists '
recommended by the selection panel established as provided in the preceding paragraph. The
19
fire chief shall submit his recommendation to the city administrator. The city administrator may
elect to interview the candidates before forwarding a recommendation to the city council for
confirmation.
The term of assignment to the position of fire chief, assistant chief and secretary shail be three(3)
years; provided, however, any person holding such position may be assigned for additional terms
by the city council. The fire chief, assistant fire chief and secretary may be removed from their
position by the city council with or without cause.
The term of assignment for the positions of training coordinator, captain, lieutenant, fire
prevention officer and safety officer sha11 be one(1)year; provided however, any person holding
such position may be assigned for additional terms by the city council. Employees assigned to
these positions may be removed from their position by the city council with or without cause.
The fire chief shall recommend to the city council candidates for appointment to these positions.
The terms of Fire Chief, Assistant Chief and Secretary shall be staggered so that the respective
terms do not terminate at the same time. In order to accomplish this, the appointments in 1998
for these positions shall be as follows:
Fire Chief: 3 years Assistant Chief: 2 years Secretary: 1 year.
In 1998, the fire chief appointment shall be made sha11 be made on or about February l, 1998 and
the assistant chief and secretary appointments shall be made on or about March 1, 1998.
After completion of the 1998 appointments, the terms of assignments for these positions shall be
three years.
Section 15. DISCIPLINE ,
The city affirms its right and responsibility to develop and administer the regulations, disciplinary I
measures and general work rules necessary to enure efficient operation of services, fair treatment
and safe working conditions. The city reserves all rights and privileges not specifically addressed
in these regulations.
Cause: Any disciplinary action sha11 be for a reasonable or just cause and may include, but will
not be limited to, the following:
(1) Conduct or performance which fails to satisfy the duties, responsibilities, quantity, quality or
safety rules of the job.
(2) Violation of any Rosemount Fire Department and/or City of Rosemount policy, rule or
regulation or reasonable order, or failure to obey any direction made and given by an officer
or firefighter in charge where such violation or failure to obey amounts to an act of
insubordination or breach of proper discipline or disgraceful conduct, committed on duty.
20
(3) Restriction, interference or harassment of others in the performance of their job, which is
adversely distracting or disrupting the well being of others.
(4) Negligence or willful destruction or abuse of any City property or material, misappropriation
and/or mismanagement of City property or funds, theft, fighting, possession of illegal
weapons and falsifying or destroying City reports or records, including falsification of an
employee's time card.
(5) Reporting to work under the influence of alcohol, illicit drugs or controlled substance or
possession or consumption of same while on the job.
(6) The solicitation or acceptance of money, gifts or valued items which may be construed as
evidence of favoritism, coercion, unfair advantage, collusion or otherwise impacting the
decisions of an employee in public matters.
(7) Misrepresentation of a material fact on an employment application, resume, medical history
or other document supplied to the City for the purpose of determining suitability for
employment or promotion.
(8) Use of official position for personal advantage
(9) Use of offensive conduct or language towards the public or municipal officers or employees.
(10)Inducing or attempting to induce an officer or employee of the City to commit an unlawful
act or to act in violation of any lawful and reasonable official regulation or administrative
order.
The foregoing rules are not intended to be an all inclusive listing of proper standards of conduct
or obligations which employees must observe at all times. Misconduct not covered by these rules
will be treated as a violation of a general rule requiring effective job performance, the ,,
maintenance of good order and recognized business deportment. '
Process:
The city embraces the philosophy of progressive discipline where appropriate but maintains that
any incident of employee misconduct or violation of this policy may result in discharge, depending
upon circumstances. Supervisors shall inform the fire chief and the city administrator of each
step of disciplinary action prior to initiation to ensure consistency. There may be circumstances
that warrant deviation from the suggested order or where progressive discipline is not
appropriate.
Employees shall be permitted to respond to formal disciplinary action by written response to the
disciplining authority and the employee's personnel file.
(1) Verbal Warning: An informal action by the supervisor to inform an employee of a minor or
first occurrence of a policy violation, misconduct, or deficiency. A verbal warning shall
21
include the unacceptable performance or misconduct, the desired improvement and the
consequences for failing to correct the infractions. Documentation of this warning may be
filed in the employee's personnel file.
(2) Written Warning: A formal action by the supervisor,providing official notice of the violation,
deffiency or misconduct, the corrections and time frame expected and the consequences for
failing to conect the infractions. Written warnings sha11 be placed in the employee's
personnel file.
(3) Suspension: An employee may be temporarily removed from their assigned position, with or
without compensation for a period not to exceed thirty(30)days. The notice of suspension
sha11 be written, and shall notify the employee of the unacceptable behavior or performance,
the desired performance and the consequences if not corrected. Whenever an employee is
suspended during an investigation, and such employee is subsequently exonerated,the
employee shall be reinstated without loss of service credit.
(4) Demotion or Discharge: The city administrator may recommend to the city council that an
employee be demoted or removed from continued employment with the city.
Section 16. GRIEVANCE PROCEDIIRE
A grievance shall mean a claim or dispute by an employee with respect to the interpretation,
meaning or application of the provisions of fire department policies and procedures. It is the
policy of the city to afford all employees a means of obtaining further consideration of problems
when they remain unresolved at the supervisory level and to establish policies and procedures that
provide for timely resolution of grievances. Reasonable attempt will be made to resolve the ',
grievance to the mutual satisfaction of the employee and the city. I
Procedure:
Step 1: An employee must present a grievance in writing within twenty-one(21) calendar days
of its alleged occurrence to the employee's immediate supervisor and the fire chief. The
written grievance shall set forth the nature of the grievance, the facts on which it is
based, the policy or procedure violated and the remedy requested. The supervisor and
fire chief will attempt to resolve the grievance and give an answer in writing within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to
Step 2 within ten (10) calendar days after the supervisor and fire chie�s final answer in
Step l. Any grievance not appealed in writing to Step 2 by the employee within ten(10)
calendar days shall be considered waived.
Step 2: A grievance unresolved in Step 1 and appealed to Step 2 or a grievance by an employee
for whom the city administrator is the immediate supervisor shall be submitted in writing
to the city administrator within ten (10) calendar days. The city administrator will give
an answer to Step 2 within ten (10) calendar days after receipt.
Step 3: If the grievance is not resolved in Step 2, the employee may appeal the grievance in
22
writing to the city council within ten(10) calendar days of the city administrator's
response in Step 2. Any grievance not appealed in writing to Step 3 by the employee
within ten(10) calendar days shall be considered-resolved. The city council shall render
a decision within thirry(30) calendar days.
23
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
ORDINANCE NO. X.5
AN ORDINANCE AMENDING TiTLE 6, CHAPTER 2
OF THE CITY CODE PERTAINING TO THE FIRE DEPARTMENT
The City Council of the City of Rosemount, Minnesota, ordains as follows:
Section 1: Title 6, Chapter 2, of the Rosemount City Code is hereby amended in its entirety to read
as follows:
CHAPTER 2
FIRE DEPARTMENT
SECTION:
6-2-1: Organization
6-2-2: Relief Association
6-2-3: Interference with Department, Penalty
6-2-1: Organization: The fire department created by Ordinance No. X.l on August 16, 1973 sha11
consist of such number of officers and paid-on-call firefighters as the City Council deems
necessary to rneet the needs of the City.
6-2-2: Relief Association: The officers and firefighters may organize and incorporate a relief
association in accordance with the laws of the State of Minnesota.
6-2-3: Interference with Department, Penalty: It sha11 be unlawful for any person to give or make, or
cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to ,
obey any reasonable order of the chief at a fire, or to interfere with the department in the ,I
discharge of its duties; and any person guilty of violating any provision of this Chapter is ,
guilty as provided by State law. �,
Section 2: This ordinance shall be effective immediately upon its passage and publication. '
ADOPTED this 17th day of June, 1997. ',
Cathy Busho, Mayor '
ATTEST: '
Susan M. Walsh, City Clerk
Published this day of June, 1997 in the Rosemo:int Town Pages.
� , . 6--2-1 6-2-1
CHAPTER 2
�vr=�E��
FIRE DEPARTMENT
SECTION:
6-2-1: Fire Department Established; Organization
6-2-2: Duties
6-2-3: Fire Fighters, Qualifications
6-2-4: Present Members
6-2-5: Relief Association
6-2-6: Interference With Department, Penalty
6—2-1: FIltE DEPARTMENT ESTABLISHED; ORGANIZATION:
A. Membership: There is hereby established in the City a Volunteer Fire
Department consisting of a Chief, an Assistant Chief, a Fire Marshall,
secretary, and not less than twenty five (25) nor more than one hundred
(100) fire fighters. (Ord. X.3, 2-17-81)
B. Election or Appointment: The Chief of the Fire Department shall be
elected to a two i2) year term in each even year by the members of
the Fire Department at the regular election beginning in the year 1986.
Assistant Chief and secretary shall be elected by the members of the
Department to a one year term at the annual election. The Fire Marshall
shall be appointed by the Fire Chief annually. Each elected and appointed
position shall be subject to Council confirmation and hold office for the
period designated or until his successor has been duly selected, except
that he may be removed by the Councii for cause after a public hearing.
Fire fighters and probationary fire fighters shall be appointed by the
members of the Department, subject to confirmation by the Council. Fire i
fighters shall continue as members of the Department during good '
behavior, and may be removed by the Council only for cause after a
public hearing. (Ord. X.4, 4-1-86)
C. Bylaws: The Fire Department may adopt bylaws by a two-thirds (2/s)
vote of its membership, subject to confirmation by the Council. The
bylaws shall be consistent with this Chapter, and all other present or
subsequent City ordinances. tf the Department's bylaws conflict with
a City ordinance, the City ordinance shall prevaiL
D. Compensation: The members and officers of the Fire Department shall
receive compensation as determined by the members, subject to approval
by the Council. (Ord. X.3, 3-17-81)
sas
6-2-2 6-2-2 , �
6—2.—2: DUTIES:
A. �� Fire Marshall: The office of Fire Marshall may be held by the Chief or
by the Assistant Chief. The Fire Marshall shall be charged with the
enforcement of ail ordinances aimed at fire prevention.
B. Fire Chief:
1. Generaily: The Chief shall have control of all the fire fighting apparatus
and shall be solely responsible for its care and condition. He shall make
a report, semi-annually, to the Council at its meetings in March and
September as to the condition of the equipment and needs of the Fire
Department. He may submit additional reports and recommendations at
any meeting of the Council, and he shall report each suspension by him
of a member of the Fire Department at the first meeting of the Council
following such suspension. He shall be responsible for the proper training
and discipline of the members of the Fire Department, and may suspend
any member, pending final action by the Council on discharge or
retention.
2. Records: The Chief shall keep in convenient form a complete record
of all fires. Such a record shall include the time of the aiarm, location
of fire, cause of fire (if known), type of building, name of owner and
tenant, purpose for which occupied, value of building and contents,
members of the Department responding to the alarm, and such other
information as he may deem advisaGle, or as may be required from time
to time by the Council or State Insurance Department.
3. Practice Drills: It shall be the duty of the Chief to hold a monthly
practice drill of at least one hour's duration for the Fire Department, and
to give the fire fighters instruction in approved methods of fire fighting
and fire prevention.
C. Assistant Chief: In the absence or disability of the Chief, the Assistant
Chief shall perform all the functions and exercise all the authority of the
Chief.
D. Fire Fighters: It shall be the duty of a fire fighter to protect life and
property in case of a fire or other disaster or emergency the Department
is called for. Fire fighters shall respond to the station for all alarms, or
as designated by the Chief or Assistant Chief. Fire fighters shall participate
in meetings, drills, and other Department training activit�es, and shall kesp
the apparatus, tools and equipment in good condition. After each alarm
or training session, fire fighters shall be sure all equipment and vehicies
are p�operly serviced, housed and ready for futher service before leaving
the station. They shall keep the station and premises neat, clean, and
in good order. A fire fighter shall assume command at a fire or emergency
in the absence of an officer. Fire fighters shall as part of their duties:
sea
. 6-2-2 6-2-6
D) attend community activities, transport nonfire fighting personnel during � �
parades and community activities, provided assistance to individuals using
- the specialized tools of the Fire Department, provide assistance along
road ways, standby at open burning situations, standby at community
activities, provide assistance with wasti downs of areas, compete in Fire
Department activities, engage in fire prevention activities, and perfo�m
other fire fighter activities or related work as required or assigned by
the Chief or Assistant Chief. (Ord. XVI11.7, 7-19-88)
6-2-3: FIRE FIGHTERS, QUALIFICATIONS: The Assistant Chief and
fire fighters shall be able-bodied and not less than eighteen
(18) nor more than sixty {60) years of age. They shall become members of
the Fire Department only after a twelve (12) month probationary period. The
Council may require that each candidate, before he may become a probationary
fire fighter, must satisfy certain minimum requirements of height, weight,
education and any other qualifications which may be specified by the Council
and that he must pass satisfactorily a mental and physical examination.
6-2-4: PRESENT MEMBERS: Persons who are members of the Fire
Department at the time of the adoption of the provisions of
this Chapter shall not be required to se►ve a probationary period before receiving
fire fighter's rating.
6-2-5: RELIEF ASSOCIATION: The members and officers of the Fire
Department may organize themselves into a Firemen's Relief
Association.
,
6—2—6: INTERFERENCE WITH DEPARTMENT, PENALTY: It shall be
unlawful for any person to give or make, or cause to be given
or made, an alarm of fire without probable cause, or to neglect or refuse to
obey any reasonable order of the Chief at the fire, or to interfere with the Fire
Department in the discharge of its duties;' and any person convicted of violating
this Section shall be punished by a fine not exceeding five hundred dollars
f S 500.00>, or by imprisonment for a period not exceeding ninety (90) days,
or both. (Ord. X.3, 2-17-81)
1.See also subsection 7-1—1l ot this Code.
988