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