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3. Ordinance 1337 - KCC - Fire Fighters - 1st Readingv4A REPORT TO: Honorable Mayor and City Council FROM: Glen Neier, City Attorney SUBJECT: Ordinance No. 1337 MEETING DATE: October 18, 1999 BACKGROUND: Ordinance No. 1337 revises Chapter 9, Articles I & II, Fire Department, Kalispell City Code by generally revising the qualification, appointment and suspension of firefighters with the City of Kalispell. Ordinance No. 1337 also describes the circumstances under which the Fire Department may leave the City, and specifically defines; obstructing a firefighter and tampering with alarms/false reporting. Finally, the Ordinance recognizes the Firefighters' Unified Retirement Act as the retirement program in which the City of Kalispell participates. Ordinance No. 1337 re -writes the Fire Department section of the City Code to conform to State law and current practices. RECOMMENDATION: The City Council pass Ordinance No. 1337 on first reading. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. X y submitted, Glen Ne er City Attorney Report compiled October 14, 1999 Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 ORDINANCE NO. 1337 AN ORDINANCE AMENDING CHAPTER 9, FIRE DEPARTMENT, KALISPELL MUNICIPAL CODE, BY AMENDING R.O. 1947 §§ 69, 71, 73, AND ORDINANCE 597 § 1; REPEALING R.O. 1947 §§ 74, 75, 77, 78; ENACTING NEW SECTION II (QUALIFICATIONS OF FIREFIGHTERS), SECTION III (TERM OF APPOINTMENT OF FIREFIGHTERS -PROBATIONARY PERIOD), SECTION IV (AUTHORITY TO SUSPEND FIREFIGHTERS), SECTION V (SUSPENSION PROCEDURE), SECTION VI (REVIEW PURSUANT TO COLLECTIVE BARGAINING AGREEMENT), SECTION XIII (FIREFIGHTERS` UNIFIED RETIREMENT ACT); AUTHORIZING THE CITY ATTORNEY TO RECODIFY CHAPTER 9 IN ACCORDANCE WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: ARTICLE I. IN GENERAL SECTION I. That R.O. 1947, § 69, as amended by Ordinance No. 1161 (§ 9-1, Kalispell City Code) shall remain unchanged. SECTION II. That there is enacted a new Section of the Kalispell City Code (§ 9-1.1) which shall read: QUALIFICATIONS OF FIREFIGHTERS. The City of Kalispell has determined that age is a valid, bona fide occupational qualification for the position of firefighter because of the rigorous physical demands of the firefighting profession and the expectation of many years of emergency service. The qualifications of firefighters shall be. A) a firefighter shall not be more than 34 years of age at the time of original appointment; B) the firefighter shall have passed a physical examination by a practicing physician duly authorized to practice in the state of Montana and C) the firefighter, during the term of his employment, must reside within three (3) air miles of the City or reside where they can report to the fire station within fifteen minutes of a fire call. (Adopted by Initiative, 11-2-81). D) The examination ran-rA� r�,�.� ah�tTP, shall be in writing and filed with the City Clerk. Such examination shall disclose the ability of such applicant to perform the physical work usually required of firefighters in the performance of their duty. SECTION III. That there is hereby enacted a new Section of the Kalispell City Code (§ 9-1.2) which shall read as follows: TERM OF APPOINTMENT OF FIREFIGHTERS — PROBATIONARY PERIOD. The initial appointment of a firefighter shall be for a probationary term of six (6) months. Thereafter, the Manager may nominate and, with the consent of the .City Council, appoint such chief, assistant chief, fire marshal and firefighters, who shall hold their respective appointments during good behavior and while they have the physical ability to perform their duties. SECTION IV. That there is hereby enacted a new Section of the Kalispell City Code (§ 9-1.3) which shall read as follows: AUTHORITY TO SUSPEND FIREFIGHTERS. A) The Manager may suspend the chief, assistant chief, or any firefighter of the fire department for neglect of duty or violation of any of the rules of the fire department. B) The chief of the fire department may suspend the assistant chief of the fire department or any firefighter for like cause. C) The assistant chief of the fire department may suspend any firefighter for a like cause. SECTION V. That there is hereby enacted a new Section of the Kalispell City Code (§ 9-1.4) which shall read as follows: SUSPENSION PROCEDURE. A) In all cases of suspension the person suspended must be furnished with a copy of the charge against him, in writing, setting forth reasons for the suspension. Such charges must be presented to the next meeting of the City Council and a hearing had thereon, when the suspended member of the fire department may appear in person or by counsel and make his defense to said charges. B) Should the charges not be presented to the next meeting of the City Council after the suspension or should the charges be found not proven by the City Council, the suspended person shall be reinstated and be entitled to his usual compensation for the time so suspended. C) If such charges are found proven by the City Council, the City Council, by a vote of a majority of the whole Council, may impose such penalties as it shall determine the offense warrants, either in continuation of the suspension for a limited time or in the removal of the suspended person from the fire department. - SECTION VI. That there is enacted a new Section of the Kalispell City Code (§ 9-1.5) which shall read as follows: REVIEW PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. In the event any member of the fire department subject to a collective bargaining agreement is disciplined, suspended, removed or discharged as a result of a decision by the City Manager, the affected fire fighter may, as an alternative to the remedies available under Section VI, hereof, appeal said decision pursuant to the grievance and arbitration procedure contained in said collective bargaining agreement. SECTION VII. That R.O. 1947 § 70 (§ 9-2, Kalispell City Code) shall remain unchanged. SECTION VIII. That R.O. 1947, § 71 and Ordinance No. 1161 (§ 9-3, Kalispell City Code) is hereby amended to read as follows: FIRE COMPANY NOT TO LEAVE CITY; EXCEPTIONS. No fire department company shall leave the City in case of fire in another area of Flathead County, except by order of the Manager or acting Manager or pursuant to a duly authorized Mutual Aid Agreement. SECTION IX. That R.0 1947 § 73, and Ordinance No. 1161 (§ 9-4, Kalispell City Code) shall be amended to read as follows: OBSTRUCTING A FIREFIGHTER It shall be unlawful: A) To purposely or knowingly obstruct, hinder or impair, by using or threatening the use of violence, force or physical interference or obstacle, the prevention, control or abatement of a fire by a firefighter acting under color of such firefighter's official authority; B ) For any person, except a member of the fire department or police department, to enter within the lines formed at a fire by the officer in command, without permission. SECTION X. That R.O. 1947, § 74, (§ 9-5, Kalispell City Code) is hereby repealed. SECTION XI. That Ordinance No. 597, § 1 (§ 9-6, Kalispell City Code) is hereby amended to read as follows: TAMPERING WITH FIRE ALARM SYSTEM/FALSE REPORTING. It shall be unlawful to: A) Purposely or knowingly molest, damage, or tamper with a fire alarm system within the City. B) Purposely or knowingly cause a false alarm of fire or other emergency to be sent to the fire department or ambulance department of the City. SECTION XII. That R.O. 1947, § 75 (§ 9-7, Kalispell City Code) is hereby repealed. ARTICLE II. FIREFIGHTERS' UNIFIED RETIREMENT ACT SECTION XIII. That R.O. 1947 §§ 77,78 (§§ 9-8, 9-9 Kalispell City Code) are hereby repealed. SECTION XIV. That there is hereby enacted a new Section of the Kalispell City Code which shall read as follows: FIREFIGHTERS' UNIFIED RETIREMENT ACT. All members of the Kalispell Fire Department shall be eligible for and participate in the "Montana Firefighters, Unified Retirement Act". SECTION XV. That the City Attorney is hereby authorized and directed to recodify Chapter 9, Fire Department, Kalispell Municipal Code in accordance with this Ordinance. SECTION XVI. This Ordinance shall take effect 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 1999. Wm E. Boharski Mayor Attest: Theresa White City Clerk M 9-2 CHAPTER 9 FIRE DEPARTMENT ARTICLE 1. IN GENERAL SECTION: 9-1: Creation, Composition And Appointment 9-2: Powers And Duties Of Chief And Assistant Generally 9-3: Fire Company Not To Leave City; Exceptions 9-4: Going Beyond Fire Lines 9-5: Duty To Furnish Fire Alarm System 9-6: Tampering With Fire Alarm System; False Alarms 9-7: Entering Fire Lines CREATION, COMPOSITION AND APPOINTMENT: The Fire Department of the City shall consist of one chief, as many assistant chiefs and such members as the Council may from time to time provide for, whose qualifications, hours of service and compensation shall be governed by the laws of the State, relating to fire departments of cities. The Manager shall nominate, and with the consent of the Council, appoint the Chief of the Fire Department, the Assistant Chief, and all firefighters. (R.O. 1947 § 69; Ord. 1161 § 1) 9-2: POWERS AND DUTIES OF CHIEF AND ASSISTANT GENERALLY: The Chief of the Fire Department shall have sole command and control over all persons connected with the Fire Department and shall possess full power and authority over its organization, government and discipline, and to that end may from time to time establish such disciplinary rules and regulations as he may deem advisable, subject to the approval of the City Council. He shall have charge of and be responsible for the engines and other apparatus, the property of the City furnished the Fire Department, and to see that they are at all times ready for use in extinguishing of fires. The Assistant Chief of the Fire Department shall aid the Chief in the work of the Department and in his absence shall perform his duties. (R.O. 1947 § 70) City of Kalispell 9-3 9-7 9-3: FIRE COMPANY NOT TO LEAVE CITY; EXCEPTION: No Fire Department company shall leave the City in case of fire in another City or town, except by order of the Manager or Acting Manager. (R.O. 1947 § 71; amd. Ord. 1161) 9-4: GOING BEYOND FIRE LINES: No person, except a member of the Fire Department shall, without permission of the officer in command, enter within the lines formed at a fire by such officer, except the Manager, police officers and members of the City Council, as such other persons as may be designated by the Manager. (R.O. 1947 § 73; amd. Ord. 1161) 9-5: DUTY TO FURNISH FIRE ALARM SYSTEM: It shall be the duty of the City Council to provide and adopt a system of signals for use in the Fire Department and to cause the same to be printed and posted in a conspicuous place at the hose house, central fire station, and other stations, and to furnish each member of the Fire Department with a copy of the same. (R.O. 1947 § 74) 9-6: TAMPERING WITH FIRE ALARM SYSTEM; FALSE ALARMS: No person shall molest, damage, tamper with or turn in any false alarm on the fire alarm system of the City. (Ord. 597 § 1) 9-7: ENTERING FIRE LINES: No person not authorized to enter the lines formed by the Fire Marshal or Chief or the officer in command during a fire shall violate the same. (R.O. 1947 § 75) City of Kalispell 9-8 9-9 CHAPTER 9 FIRE DEPARTMENT ARTICLE 11. FIREFIGHTERS DISABILITY AND PENSION FUND SECTION: 9-8: Creation And Title 9-9: Management Of Fund 9-8: CREATION AND TITLE: There is hereby created and established a fund in the City Treasury to be known as the "Disability and Pension Fund" of the Fire Department Relief Association of the City. (R.O. 1947 § 77) 9-9: MANAGEMENT OF FUND: The Disability and Pension Fund shall be maintained, managed and paid out in the manner and as prescribed by State law. (R.O. 1947 § 78) City of Kalispell