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HomeMy WebLinkAboutRESOLUTION NO. 2018-02 RESOLUTION NO. 2018-02 RESOLUTION TO APPROVE FAIRFAX FIRE DEPARTMENT'S BYLAWS WHEREAS, the Fairfax Fire Department is required to adopt Bylaws and have that document approved by the Fairfax City Council; and WHEREAS,the Fairfax Fire Department has submitted their Bylaws for approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Fairfax in Linn County, Iowa, approves the Fairfax Fire Department Bylaws. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa that the Mayor and the City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this 9t"day of January, 2018. AYES: Otto, Daly, Volk, and Wainwright NAYS: None ABSENT: Kell '(�Cj urnell G. Frieden, Mayor ATTEST: h OX . 1 itlinpxp Cyn is timson, City Clerk/Treasurer "' '• , BY-LAWS OF THE FAIRFAX FIRE DEPARTMENT FAIRFAX, IOWA Approved b Fire Chief: �'�' Date pp Y v Approved by Mayor of Fairfax: C%� ..�^- �'' ym Date Approved by Membership: _ i P Date./.-.),(' /�f PREAMBLE Be it resolved that we solemnly pledge ourselves to sustain the officers in the discharge of their duties and hold ourselves bound in honor to conform to and abide by, in every respect, the following by-laws. DEFINITIONS Business Meeting- Regular and business meeting are the same. Officer- Any member who has been elected to a position of authority within the department or has been appointed to a position by the Fire Chief. Quorum- One third of the full membership of the department. Regular Meeting-Regular and business meeting are the same. ARTICLE I BY-LAWS Section 1 These by-laws shall be adopted when approved at a regular meeting by 51% of the full membership roster, approved by the City Council of Fairfax, Mayor of Fairfax, and Fire Chief. Section 2 These by-laws can be amended or repealed by a two-thirds vote of the active members present at a regular meeting of the department. A quorum must be in attendance. All amendments are subject to approval by the Mayor of Fairfax, City Fire Chief, and City Council. Section 3 Copies of by-laws and standard operating procedures/guidelines shall be made available and distributed to all members of the Fairfax Fire Department. ARTICLE II NAME AND STATED PURPOSE Section I This organization shall be known as "The Fairfax Fire Department." Section 2 Its purpose shall be to preserve life and property within its fire district; to provide fire suppression, medical rescue, and emergency response; to assist the public when called for; to promote, through"Fire Safety Education", the prevention of such fires and other emergencies; and to provide support, when called on, for mutual aid. ARTICLE III GOVERNING BODY Section I Regular business meetings shall be held once a month. All members shall be notified of the time and place of meeting. Section 2 A quorum is needed before any fire department business is voted on. Section 3 Special meetings, officer meetings, and emergency meetings may be called for by the Fire Chief or the City Council. Special meetings may also.be requested by a consensus of at least three members and are subject to approval by at least one officer. Special meetings require forty- eight(48) hour notice to all members. Section 4 Minutes of all meetings shall be documented, recorded, and filed. The Fire Chief shall designate a person to fulfill this task. Section S An annual fire department budget shall be updated and made available for inspection at all times. ARTICLE IV OFFICERS AND CHAIN OF COMMAND Section I The command structure of the department is as follows; The Elected Officers will consist of; • One (1) Fire Chief • Two (2) Assistant Chiefs The Appointed Officers will consist of, • Two (2) Captains • Four (4) Lieutenants • One (1) Medical Director • One (1) Safety Officer Section 2 In the event of a situation where there are no officers present, the senior member present will assume command. Section 3 During medical rescue incidents, the highest ranking E.M.S. certified person will be in charge of patient care, while the highest ranking officer will still assume command of the incident scene. Section 4 In the event that two or more E.M.S. personnel are equally certified at the same level, the officer in charge will designate which of those persons will oversee patient care and triage. ARTICLE V ELECTION OF OFFICERS Section I The election of an officer will take place every two years. All newly elected officers will assume office on the 1St day of January following the election. Section 2 Elected officers shall be nominated and elected by written secret ballot by the 2°d Monday of December. This will allow for City Council approval for the Fire Chief position. Section 3 All elected officers must have at least three years of service with this organization to be eligible for election as an officer. Section 4 Following the election, the Fire,Chief shall then be appointed by the City Council upon recommendation by the Fire Department, which has been forwarded to the city clerk/treasurer. The City Council shall not appoint as Fire Chief any person who has not been recommended by the Fire Department. Upon refusal of the City Council to appoint the Chief recommended by the Fire Department, the office shall be declared vacant and another election will be held on the next regular meeting night. In this event, a newly elected Assistant Chief, chosen by the Mayor, will assume the office of Chief until an appointment has been made. Section S Any vacancy occurring in any elected office during the calendar year, shall be re-elected and voted on at the next regular meeting. Section 6 All active members shall be afforded the opportunity to participate in the nomination and election process. ARTICLE VI DUTIES OF FIRE CHIEF Section 1 The Fire Chief shall be in full charge of the Fairfax Fire Department and its services, the fire ground and daily fire department business; all building, truck; and equipment maintenance; and will be responsible for holding monthly business meetings in an orderly fashion. The Fire Chief will report directly to the City Council and/or the Mayor of Fairfax. Section 2 The Fire Chief shall appoint qualified people to the following positions; • Two (2) Captains • Four (4) Lieutenants • One (1) Medical Director • One (1) Safety Officer The Safety Officer can over-rule any commands given by the Fire Chief or officer in charge, in consideration of safety factors. The Medical Director will have the ultimate authority regarding the standard operating procedures regarding the delivery of patient care. The Medical Director and/or Medical Officer can over-rule any commands given by the Fire Chief or officer in charge, in consideration to patient safety and the delivery of patient care. Section 3 It will be the duty of the Fire Chief to promote safety first and to encourage open communication and good working relationships between officers and the Fairfax Fire Department Members. Section 4 The Fire Chief shall comply with all the by-laws herein and shall enforce by-law compliance within the organization. Section S The Fire Chief or their appointee will make available, annually, fire suppression training, first-aid refreshers, vehicle and equipment operations, and other fire related training and will do their best to comply with all state fire regulations and standards. The Fire Chief or their appointee will schedule all mandatory certification or recertification classes, such as, but not limited to; infection disease and blood borne pathogens, HazMat, C.P.R. and AED operation. Section 6 The Fire Chief will create and administer policies and procedures as it relates to the operations of the department. Section 7 The Fire Chief will promptly report workplace injuries to a Fire Department member, injuries to anyone not a Fire Department member that occur on city property, and any vehicle accidents involving Fire Department vehicles to the city clerk/treasurer. The Fire Chief will complete any needed paperwork for these reports. ARTICLE VII DUTIES OF OFFICERS Section I It will be the duties of the officers to assist the Fire Chief in the carrying out of their responsibilities. It will be the duty of the highest ranking officer to assume incident command and to take charge of meetings and clean-up during the chief's absence. Section 2 In the absence of the chief, it will be the duty of the highest ranking officer to respond to any media inquiries. In the event no officers are present, no media inquiry will be granted. Instead, the member shall contact the Fire Chief and their designee at the earliest available time to handle the media request. Section 3 The officer in charge shall be responsible for completing a report that would document the incident completely. For medical events, this documentation must be completed within twenty-four(24) hours of the conclusion of the incident. The officer can delegate this task and/or require members to produce additional documentation regarding the incident Section 4 Officers shall be in charge of reporting to the Fire Chief any work related injury to a Fire Department member, injuries to non-members occurring on city property, vehicle accidents involving Fire Department vehicles, and all malfunctions of any vehicle or equipment. Section 5 Officer shall accept, and be responsible for, any "special" assignments or duties as assigned by the Fire Chief. Section 6 The officer in charge shall decide when to "pick up" or terminate at the scene. Section 7 Officer shall be responsible for ordering mutual aid companies or specialized agencies when needed. Section 8 Officer will report directly to the Fire Chief or to the highest ranking officer. Section 9 Only officers will be allowed to release any information to any outside agency about an incident, even while an incident is on-going. ARTICLE VIII MEMBERSHIP Section I The membership of this organization shall consist of junior, probationary, active, and honorary members. This includes all elected and appointed officers. Section 2 Any person, with a valid Iowa driver's license, who has attained the age of eighteen years and is a resident of the Fairfax Fire district, shall be eligible for probationary membership with the Fairfax Fire Department. Applicants residing outside the fire district will have their application considered if they pose specialize training or conduct regular business within the fire district. Section 3 The Fairfax Fire Department may allow junior members with the following requirements: • Must be at least 16 years old • Must have a valid Iowa driver's license • Must obtain parent/guardian approval • Must have a member of the Fairfax Fire Department sponsor the junior member • Fire Chief must give approval • Must maintain a C average in school subjects If someone is allowed to join the Fairfax Fire Department as a junior member, the Fire Chief may dismiss the junior member without department approval if there is reason to believe the junior member has made a bad decision that reflects on the Fairfax Fire Department in a negative way. If asked by the Fire Chief or sponsor, a junior member must present proof of their grade average with documentation from their school. Section 4 All prospective members will be required to complete a membership application and submit it to the Fire Chief. Section 5 Upon the recommendation of the Fire Chief, the officers will review a prospective member's application. The officers will decide, by vote, if the applicant will be granted probationary membership. The applicant will need 51% approval vote by the officers (including Fire Chief) present at the meeting, with a minimum of five (5) officers present (including Fire Chief). Section 6 After a period of twelve (12) months, a probationary member will be eligible for election to active membership by approval of the majority present at a regular meeting. The department body can also recommend an extended probationary period or vote to terminate the membership. Prior to the completion of the twelve (12) month probationary period, the probationary member will need to attain their basic life support certification. The probationary member will also need to have completed (or enrolled in)their Firefighter 1 and/or Emergency Medical Responder (at minimum) certification. If the member has not completed these items, they will need to outline to the Fire Chief their plans on completing these tasks prior to a membership vote being taken. Section 7 Any person who has rendered distinguished service to this organization for a period of not less than five (5) years, shall be eligible for election to honorary membership by a majority vote at a regular business meeting. Section 8 Probationary and honorary members will not be allowed to vote on issues at regular business meetings nor with they be allowed to vote in elections. ARTICLE IX DUTIES OF MEMBERS Section 1 Every active member shall be considered on duty when an alarm is turned in by whatever means or if the member discovers the fire or emergency. Every member at the alarm of a fire or emergency shall assist in getting fire apparatus to the scene and in operation. Upon arrival, every member shall serve at their assigned task and assist in any work assigned by their commanding officer. After the assignment is completed, all members shall report back to the fire station and prepare the fire apparatus to be put back into service. Any member not returning to the station will get permission from the chief or any officer on scene. Section 2 Any member in attendance at an incident scene shall report in to the officer in charge. It shall be the responsibility of each member to report to the officer in charge before leaving the scene. Section 3 All members shall familiarize themselves with the equipment, trucks, and procedures. All members are required to attend all training sessions set by the Fire Chief. Any member not able to attend the training session shall notify an officer. All members shall attend all monthly meetings unless they have a reasonable excuse. A reasonable excuse for missing a meeting or training is, but is not limited to, work, illness, school, vacation, etc. Section 4 Any member bringing any non-member into the fire station shall be responsible for their safety and also any act that person may commit. At no time is the non-member allowed to respond to an emergency incident unless prior approval is gained from an officer. Section S It shall be the duty of every member to give strict obedience to the lawful orders of their officers. Section 6 Firefighters performing their duties are covered by insurance purchased by the City of Fairfax. See policy in force for coverage and limits. Section 7 Any member who fails to participate in any function of the Fairfax Fire Department, over a four (4) month period, may be dismissed from the department with approval of two-thirds vote of Command Staff/Officers. Section 8 All members are required to submit a copy of any certificates held in conjunction with the services provided by the Fairfax Fire Department. This includes any level of EMS training. Section 9 Files shall be made available and used for record keeping of all members' training and certifications as long as they are members with the fire department. Section 10 All members must complete the required payroll forms for Fairfax City Hall. These include: Federal I-9, Federal W-4, State of Iowa W-4,and an employee file master sheet. Members must also provide Fairfax City Hall with a copy of their social security card, valid driver's license, and benefit designation form for the insurance coverage. ARTICLE X REGULATIONS Section I Members will be responsible for personal safety equipment issued to them. Personal safety equipment, although the responsibility of the individual member, is still the department's property and shall be returned upon resignation or termination from the fire department, for example; turn-out gear, key, pager, flashlight, etc. Section 2 All members responding to the station or to the incident scene in their personal vehicles or department apparatus will be subject to all city and state traffic laws. All members shall make every effort to respond in a safe and prudent manner and to obey all traffic laws. Section 3 No member shall respond to the scene of any emergency incident with their personal vehicle unless they are driving by the scene enroute to the station or have prior approval from an officer. Section 4 No member shall respond to any type of incident or attend any fire department functions while under the influence of alcohol or other intoxicating substance. Section S All members shall make every effort to attend every fire department meeting or training function. ARTICLE XI DISCIPLINE Section I Any member may have membership revoked for cause, including but not limited to, improper conduct related to the member's duties within the fire department.Direct violations of the departmental by-laws and departmental standard operating procedures; city, state, and federal laws during fire functions; continued unsafe practice; or violations of direct orders from officers are subject to suspension and/or dismissal from the department. Section 2 Any officer has the right to suspend a member for cause until the matter can be reviewed by the Fire Chief, not to exceed seven (7) days. At which time the Fire Chief can either choose to extend the suspension for an additional seven(7) days or terminate the suspension. After this seven day suspension or any time prior,the Chief can convene a special meeting with the officers with at least five (5) attending in person or by proxy (including the Fire Chief). The officers can decide by vote (51%to pass) to the extension of the suspension until a time determined by the group. If the group fails to extend the suspension with 51% vote of the officers attending the meeting, the suspension is automatically terminated. The group can also dismiss the member with 51% vote of the officers attending this meeting, with at least five (5) attending in person or by proxy (including the Fire Chief). Section 3 In the event that the Fire Chief is being recommended for dismissal, the written letter of notification must be signed by at least ten(10) active members, one of which must be an officer. A copy of this written letter will be provided immediately to the Mayor of Fairfax. The Fire Chief will have the opportunity to face the membership at the next regular meeting to defend their actions. A two-thirds vote of the active members at a regular meeting will dictate the outcome of the charges presented. A quorum must be present. In the event the charges against the Fire Chief dictate immediate action, the Mayor of Fairfax will have the authority to immediately suspend the Fire Chief and appoint a current Assistant Chief to fulfill the duties of Fire Chief. The suspension will last until the next regular meeting and the membership dictates the outcome of the charges presented or the City Council votes to remove the Fire Chief from their position. Section 4 The Fire Chief has the ability to suspend any officer under the same rules that apply to active members. ARTICLE XII BUDGET Section I The Fire Chief is to prepare a budget to present to the City Council on behalf of the Fairfax Fire Department. The budget shall be created and executed under the guidelines outlined by the Fairfax City Council. Appendix A — Organizational Chart Fire Chief Assistant Assistant Medical Safety Fire Chief#1 Fire Chief#2 Director Officer Captain#1 L7Captain m , Lt.#1 Lt.#2 Lt.#3 Lt.#4