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HomeMy WebLinkAbout13.D.1. Approval of Fire Department Policies 1-4-Res. No. 6674 City of Shakopee Memorandum J3.0.} ., TO: Mayor and City Council Mark McNeill, City Administrator SUBJECT: Ed Schwaesdall, Fire Chief Kris Wilson, Assistant City Administrato~ Approval of Fire Department Policies 1 - 4 FROM: DATE: October 10, 2007 Introduction The City Council is asked to adopt the attached resolution, adopting four policies for the Fire Department. Background . For many years, the Shakopee Fire Department has operated under by-laws (see attached), which outline qualifications for firefighters, duties of officers, and attendance requirements, among , other things. Through training sessions offerl?d by the League of Minnesota Cities, the City has learned that as a City department, the Fire Department should not have its own bylaws. Therefore, staff has been working to identify and develop other documents, such as Department policies and job descriptions to cover the subjects currently covered in the bylaws, so that the bylaws will no longer be needed. Attached are the first four such policies, which cover the topics of hiring, attendance, probationary firefighters and officer selection and terms. The policies on hiring, attendance and. probationary firefighters largely reflect current practice. The policy on officer selection reflects a new way of accomplishing this task. Currently, the bylaws call for the officers to be elected by the Department. However, through training and information provided by the League of Cities, we have learned that this too should no longer be the case. Officers in the Fire Department hold an employment position with the City _ performing specified duties in exchange for a salary. Selecting them by election does not ensure that the most qualified individual fills each position and leaves the City at risk for claims of di.scrimination. Therefore, a new policy on officer selection, which meets the parameters suggested by the League of Cities, is being proposed. The terms of the Department's current officers expire at the end of the year. Therefore, there is a need to put a new selection process in place to fill these leadership positions for terms beginning January 1,2008. It is proposed that once this selection process has been completed for 2008-09, the. individ~al selected to fill the position of Assistant Chief shall also be appointed Interim Chief until such time as the City Council appoints a full-time Fire Chief Requested Action The Council is asked to offer Resolution No. 6674, Adopting Departmental Policies on Hiring, Probationary Firefighters, Attendance and Part-time Officers for the Shakopee Fire Departme~t, and move its adoption. RESOLUTION NO. 6674 A RESOLUTION ADOPTING DEPARTMENAL POLICIES ON HIRING, PROBATOINARY FIREFIGHTERS, ATTENDANCE AND PART-TIME OFFICERS, FOR THE SHAKOPEE FIRE DEPARTMENT WHEREAS, Section 2.32 of the City Code establishes a Fire Department and states that the Department "with the approval of the Council, shall establish, and from time to time revise, written rules and regulations of the Department;" and WHEREAS, there is currently a need to update and clarify such rules and regulations in regards to hiJjng, probationary periods, attendance and officer selection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the attached policies of the Shakopee Fire Department are hereby adopted and made effective immediately. BE IT FURTHER RESOLVED, that all existing or previous policies in conflict with those adopted herein are hereby repealed. Adopted in adjourned regular session of the City of Shako pee, Minnesota, held this 16th day.ofOctober,2007. Mayor of the City of Shakopee ATTEST: City Clerk SHAKOPEE FIRE DEPARTMENT POLICY NO.1: HIRING PROCESS At any time that the total number of firefighters falls below the staffing level authorized by the City Council, the Chiefhas the authority to begin the hiring process. Notice that applications for the position of firefighter are being accepted shall be placed in the employment section of the Shakopee Valley News and posted on the employment section of the City's website. Additional advertising may be used at the discretion of the Chief and/or the Assistant City Administrator. All po stings of openings for the position of firefighter shall include an application deadline. The application deadline shall be no sooner than ten business days after the posting date. Applications shall only be accepted when a position is posted and shall not be held over or retained when there is no active posting for the position of firefighter. Applicants shall be' required to complete a City application form. Application forms must be submitted to Human Resources at City Hall. They shall not be accepted at any fire station. The Assistant City Administrator shall perform an initial review of all applications to determine if the applicant meets the minimum qualifications for the position, as specified in the approved job description. Applicants who meet the minimum qualifications shall be invited to participate in the following testing process. The results of each component shall be weighted as indicated in parenthesis. 1. Oral Interview. (65%) Interviews shall be conducted by a panel consisting of the Chief, Training Chief and at least three other individuals selected by the Chief. 2. Physical Fitness Testing. (25%) 3. Quantitative Scoring of the applications by Human Resources. (10%) Following the completion of the testing process outlined above, points for Veteran's Preference shall be awarded to qualifying applicants. A total score of 75 percent is required in order to be placed on the 'eligible register. A written, conditional offer of employment shall be extended to individuals in the order they appear on the eligible register. The City shall not extend conditional offers of employment to more candidates than there are openings available, but may elect to extend conditional offers to fewer candidates than there are openings, based on the operational needs and capacity of the Fire Department. The conditional offer of employment shall be contingent on successful completion of the following: a) a background I driver's license check b) a pre-employment physical, which includes a drug / alcohol test c) a pre-employment psychological evaluation All pre-employment screenings shall be completed by the City-approved provider and paid for by the City of Shakopee. The Chief will recommend to the City Council the hiring of those candidates that have ~uccessfully completed all pre-employment screenings. 5;IIAKOPEE FIRE DEPART1HENT POLICY NO.2: INITIAL PROBATIONARY PERIOD All newly hired firefighters shall serve a one-year probationary period. Upon the recommendation of the Fire Chief, the City Administrator may extend the probationary period for an additional six (6) months. Upon the recommendation of the Fire Chief, the City Council may discharge an employee at any time during the probationary period, with or without just cause. An employee so discharged shall be notified in writing and shall not have the right to appeal, subject to the rights of veterans. During the initial probationary period, a firefighter must: a.) Successfully complete Firefighter 1 and Firefighter 2 classes and pass the Minnesota State Firefighter Certification for Firefighter 1 and Firefighter 2. b.) Successfully complete First Responder training and obtain a First Responder State Card. (EMT Certification shall be accepted as a substitute for First Responder training.) c.) Obtain Hazardous Awareness and Operations Certification Individuals who can demonstrate successful completion of the above listed training prior to being hired by the City of Shakopee and possess valid certifications in these areas, shall not be required to repeat this training. All required training shall be paid for by the City of Shakopee. However, firefighters shall not be paid for time spent attending and traveling to and from training required to complete probationary obligations. Successful completion of the above listed training / certifications is a minimum requirement of the probationary period and does not guarantee that a firefighter will be found to have successfully completed their probationary period. SllAKOPEE FIRE DEPARTMENT POLICY NO.3: ATTENDANCE All firefighters must attend one (1) drill per calendar month and one (1) business meeting per quarter, unless prior excuse is granted by the Chief. In the case of drills, excused absences may also be granted by the Training Chief. Attendance at drills and business meetings shall be established by a roll call. In the case of individuals arriving late for a drill or meeting, the Fire Chief shall have .the authority to determine whether credit for attendance is awarded. All firefighters must maintain a total attendance record of no less then 35 percent per quarter. Total attendance shall be determined by the call report, and roll call of all paid emergency calls and regular drills. The quarters shall be defined as follows: 15t Quarter: January, February and March 2nd Quarter: April, May and June 3rd Quarter: July, August and September 4th Quarter: October, November and December Any firefighter not able to attend a drill, meeting or emergency call due to attendance at another fire service related activity or medical leave related to service shall be automatically excused, and given credit for being in attendance. Any firefighter not meeting the minimum attendance requirements for a quarter shall be placed on attendance notice. If that firefighter fails to meet the minimum attendance requirement in any of the following three quarters, he or she shall be subject to disciplinary action. Firefighters granted a leave of absence shall not be subject to these attendance requirements during the period of leave. Attendance Requirements for Officers As a result of the leadership role they play in the department and the need for on-site ieadership at emergency scenes, there is a higher attendance requirement for officers of the Department. All officers must maintain a total attendance record of no les~ than 42 percent annually. Attendance shall be determined as stated above. Additionally, officers shall be required to attend a minimum of 75 percent of all scheduled officer meetings per calendar year, unless excused in advance by the Fire Chief. SHAKOPEE FIRE DEPARTMENT POLICY NO.4: PART-TIME OFFICERS The Fire Department shall have the following part-time officer positions: Assistant Chief District Chief Training Chief Captain Lieutenant Engineer Assistant Engineer The number of firefighters holding each position shall be established in the annual operating budget of the Department. The number of Lieutenant positions shall be determined by the Chief. Part-time officers, with the exception of Lieutenants, shall receive an annual salary, to be paid in twelve monthly increments. The salary level for each position shall be set annually by the City Council and is in addition to the hourly pay received for attendance at fire calls, drills and Department business meetings. The position of Lieutenant shall be unpaid, except for the regular hourly pay received for attendance at fire calls, drills and Department business meetings. Officers shall be selected to serve a two-year term corresponding to two calendar years. In the case where an officer resigns or is removed from his or her position, the selection process shall be followed to name a replacement to fill out the remainder of the unexpired term. In cases where an officer position becomes vacant with less than six months remaining on the term, the Chief shall have the authority to appoint a qualified individual to fill the position for the remainder of the term without following the formal selection process. SELECTION PROCESS Notice that applications are being accepted for part-time officer positions shall be posted in each fire station and announced at a regular business meeting of the Department. The application deadline shall be no sooner than ten business days following the posting of the notice. Individuals interested in applying for a part-time officer position shall be required to submit a letter of application stating their name, position(s) applying for and qualifications to hold that position. The job description of each officer position shall be made available to any firefighter upon request. An interview panel shall be formed to conduct oral interviews of the applicants meeting the minimum qualifications for each position. The interview panel shall consist of the Chief, Assistant Chief, Training Chief, Assistant City Administrator and two firefighters elected by the full Department. In order to be eligible to serve on the interview panel, a firefighter must have five years of service with the Department and must not be seeking an officer position. In the case where the incumbent Assistant Chief or Training Chiefhas applied for an officer position, the current District Chief with the most seniority shall take that individual's seat on the interview panel while the panel interviews and considers applicants for the position in question. The recommendations of the interview panel shall be forwarded to the City Council for final appointment to each position. RULES AND REGULATIONS OF THE SHAKOPEE FIRE DEPARTMENT SHAKOPEE MINNESOTA Index: - Page 1. 2. 3. 4. 5. 12.. 13. 14. 15. 16. 17. 17. Article Definitions Article I: Objectives Article II: Organization Article III: Elections and Appointments Article IV: Duties and Responsibilities Article V: Qualifications for Membership Article VI: Minimum attendance requirements Article VII: Reinstatements, Impeachments, Dismissals, Leaves of Absence, and Suspensions Article VIII: Drills, Training and Meeting Procedures Article IX: Convention Delegates Article X: Rules and Regulation Alterations and Amendments Article XI: Disbandment ~ ....re v'- V S eyJ'-\~ \0\/ If circumstance or issues are not specifically addressed in these rules and regulations of the Fire'Department, the City of Shakopee Personnel handbook shall prevail. DEFINITIONS 1. As used in this document, "The Department" shall refer to the Shakopee Fire Department. 2. As used in this document, "The Chief' shall refer to the Chief of the Shakopee Fire Department. 3. As used in this document, "Assistant Chief(s)" shall refer to the Assistant Chiefs of the Shakopee Fire Department. 4. As used'in this document, "Captains" shall refer to the Captains of the Shakopee Fire Department. 5. As used in this document, "Training Officer" shall refer to the first (15t) Captain on the Shakopee Fire Department. 6. As used in this document, "Fire Marschal" shall refer to the Fire Marschal of the Shakopee Fire Department. 7. As used in this document, "The Secretary" shall refer to the Secretary of the Shakopee Fire Department. 1 8. As used in this document, "The Engineer" shall refer to the Engineer of the Shakopee Fire Department. 9. As used in this document, "Assistant Engineer(s)" shall refer to the Assistant Engineer(s) of the Shakopee Fire Department. 10. As used in this document, "Firefighter(s)" shall refer to any person servmg 011' the Shakopee Fire Department as a probationer or an active member. 11. As used in this document, "Member" shall refer to any Shakopee Fire Department firefighter who 'has completed his probationary period successfully 12. As used in this document, "Probationer" shall refer to any Shakopee Fire Department firefighter who is serving their probationary period with the Shakopee Fire Department. 13. As used in this document, "Honorary Member" shall refer to any Shakopee Fire Department member who has resigned according to the minimum service time and other stipulations set forth by these Rules and regulations. 14. As used in this document, "Officers" refer to all elected positions other than committees. 15. As used in this document, "Distinguished Member shall refer to any person voted as such for recognition by the Shakopee Fire Department members 16. As used in this document, any member considered a "Restricted Member" shall refer to any person who is deemed such for lack of participation or other disciplinary action. ARTICLE I (Objectives) Section 1. This organization shall be known as the Shakopee Fire Department Section 2. Its objectives shall be: A. Fire Prevention and Education toward same B. Fire Suppression C. Preservation and protection of life and property against injury and damage at incidents where the Shakopee Fire Department Services are requested. 2 ARTICLE II (Organization) Section l. The Department shall be composed of not less than thirty-five (35) active members and'as many in excess of thirty-five (35) as may, by the City Council, be deemed necessary fo.r the adequate protection of the community. Section 2. The chain of command as it is defined for the Operational Officers (defined as numbers 1 through 9 listed below), and all other firefighters (numbered 10 below) in the Department, shall be as follows in order of superiority and accountability: 1. Chief 2. 15t Assistant Chief 3. 2nd Assistant Chief 4. 15t Captain (Training Officer) 5. 2nd Captain 6. 3rd Captain 7. 4th Captain 8. 5th G:aptain 9. 6th Captain 10. Firefighters by seniority *Other officers shall be added as the department may deem necessary for the effective operation of the Department. Section 3. There shall be an Executive Committee composed of the Chief, the Assistant Chiefs, the Secretary and the First Captain. Section 4. The Chief of the Department shall be accountable to the Executive Committee, the City Administrator, and the City Council. All other department and Operational Officers shall be held accountable to the Chief of the Department only. Section 5. The Nominating Committee is an elected committee composed of five (5) members. Section 6. The Screening Committee is composed of the Chief, 15t Assistant Chief, 2nd Assistant Chief, 15t Captain, 2nd Captain, 3rd Captain and two (2) Firefighters. Section 7. The Grievance Committee is an elected committee composed of four (4) members and one (1) alternate. ' 3 Section 8. Special committees may be formed as deemed necessary by the Department. ARTICLE III (Elections, Appointments) Section 1. A person who has been properly qualified by the Screening Committee shall be recommended for hiring for a probationary period Section 2. Probationers shall be accepted to Department Membership status during the regular business meeting following their successful completion of the one (1) year probationary period and on the recommendation of the officers. Section 3. Regular elections shall take place during the Novemher business meeting each year. Section 4. The Chief, Assistant Chiefs, Engineer, Captains, and Secretary shall be elected to serve a two (2) year term. Election shall be a majority vote by the voting members present at the election meeting. If more than two candidates are on the ballot and a majority vote is not found, the candidate with the lowest number of votes is dropped from the ballot and the vote is retaken. In the case of a tie, the decision shall be made by the flip of a coin, with the senior person cal~ing the outcome. Section 5. Nominations from the floor will only be accepted for a position with no recommendations from the nominating committee. Section 6. A person seeking an elected position, who is not present during elections must be nominated by the nominating committee. Section 7. The non-officer members of the Screening Committee shall be elected to serve a one (1) year term with each department member present voting for both positions. The two (2) people with the highest number of votes obtain the positions. Section 8. The Nominating Committee and Auditing Committee are elected for a five (5) year term. on a rotating basis one (1) member every year to each committee. 4 Section 9. The Grievance Committee is elected for a five (5) year term on a rotating basis with the first year served as' an alternate. Section 10. The Chief appoints the Fire Marschal. Section 11. Assistant engineers shall be appointed by the Engineer. Section 12. Special committees shall be appointed by the Chief. Members for special committees shall be appointed by the Chief, if voluntary involvement is not adequate Section 13. All elected officers and committee members shall assume their respective positions, duties, and their responsibilities on January first (15t) following their election. Section 14. In the event that an elected. officer should resign from his/her office or the Department, retire, or be removed from his/her office, an election to refill the remaining portion, according to Article III, Section 4. of the position shall be held at the next regular business meeting. ARTICLE IV (Duties, Responsibilities) Section 1. The duties and responsibilities of the Chief are: a) To call and preside at all regular Department meetings; to preserve order; to decide all points of order that may arise (Roberts Rules of Order Newly Revised Shall Prevail). His/Her decisions are subject to an appeal by the members of the Department. b) To see that all subordinate officers execute their obligations and duties to the best of their abilities. c) To be present at all Fire Department operations and functions if possible, and to assume full charge of all Shakopee Fire Department operations and functions. d) To call special meetings at the written request of five (5) members of the Department, with such requests stating the subject of the call. e) To enforce the rules and regulation set by this hand book, as well as by the City of Shakopee Personnel Handbook, to the best of his/her ability and to have a general supervision over all the affairs of the Department. 5 f) It shall be within hislher power to suspend any member for a just cause, subject to Article VII. The Chief must give written suspension notice to such member. g) To be responsible for the personnel, moral, and general efficiency of the Department. h) To, with the advice and consent of the Executive Committee, set rules, regulations, and operating procedures governing the Department. These rules, regulations, and procedures shall be presented to the Department, posted in written form for thirty (30) days, and kept as permanent record. These rules and regulations are subject to appeal by the department membership. i) To be pre~ent at Grievance Committee meetings unless the gnevance at hand concerns the Chief. j) To see that all appropriate department records are kept, to the best of their ability. k) To approve schooling pertaining to the fire service for all members and submit th,e bills for such schooling to the City for payment. l) To complete training curriculums as set forth by the department. m) To be present, if possible, at all meetings of the Executive committee n) To notify any members who fail to achieve attendance requirement for any calendar month. Section 2. The duties and responsibilities of the Assistant Chiefs are: a) To be present if possible, at all Fire Department operations and functions. b) To assist the Chief in the discharge ofhislher duties and in the event of the absence of the Chief, they shall assume hislher duties and responsibilities in accordance with the chain of command specified in Article II, Section 2. c) The 15t Assistant Chief shall oversee the functions of all assigned committees. He/she shall also, if necessary, assume responsibility for the completion of these committee's responsibilities. d) All Assistant Chiefs shall complete training cU{riculums as set forth by the department. e) To be present, if possible, at all meetings of the Executive committee Section 3. The duties and responsibilities of the Captains are: , 6 a) To be present if possible, at all Fire Department operations and functions. b) To assist the Chief and the Assistant Chiefs in the discharge of their duties. In the event of the absence of all Chiefs, they shall assume the Chiefs duties and responsibilities in accordance with the chain of command specified in Article II, Section 2. c) The 1 st Captain shall be designated as Training Officer and is responsible for all department drills, training matters, functions, materials, and records. , d) The 1 st Captain (Training Officer) is responsible to monitor and assess probationers' progress and development and inform the probationers of their progress and status. e) The 1st Captain shall report to the Department at the time of a probationer's completion or non-completion of all eligibility requirements and general performance comments. f) It shall be the duty of all subsequent captains to assist the 1 st Captain in his/her duties. g) The 1 st Captain shall establish a training curriculum for all officers and keep it current and appropriate. h) All Captains shall complete a training curriculum as set forth by the Training Officer. Section 4. The duties and responsibilities of the Fire Marschal are: a) To be present ifpossible, at all Fire Department operGltions and functions. b) To make periodic inspections of special hazards as required, and keep a record thereof. c) To enforce applicable City Ordinances and current adopted or applicable Fire and Life Safety Codes specific to his/her assigned authority through said ordinances. d) To provide to the Fire Department, necessary information and drawings' of development, building constructio.n or renovations, to facilitate pre-planning. Section 5. The duties and responsibilities of the Secretary are: a) To be present if possible, at all Fire Department operations and functions. 7 b) To keep a record of all proceedings of the Department; to call the roll; to record all absences and to keep the books and preserve the records of the Department. 'c) To give each member at least five (5) business day's notice of any special meeting. d) To countersign all checks drawn on Fire Department General fund. e) To alert and notify any firefighter that has missed two consecutive meetings. t) To be present if possible, at all meetings of the Executive committee Section 6. The duties and responsibilities of the Engineer are: a) To be prese'nt if possible, at all Fire Department operations and functions. b) To be in charge of all maintenance and repairs of all apparatus and equipment of the Fire Department. c) To be in charge of maintaining inventory of all maintenance equipment and maintenance tools of the Department. d) To prepare and maintain a preventative maintenance. schedule of all apparatus of the Department. e) To assure completion of required tests of fire apparatus and equipment and keeping records in accordance with applicable standards. t) Appoint the assistant engineers. Section 7. The duties and responsibilities of the Assistant Engineers are: a) To be present if possible, at all fire department operations and functions. b) To assist the Engineer in the completion of his /her duties. c) To, in the absence of the engineer, perform the duties of the engineer. Section 8. The duties and responsibilities of all Department Firefighters are: a) To obey all commands of their officers while on duty. 8 b) To be present if possible at all fire department operations and functions following established procedures. c) To attend at least one (1) drill per calendar month. Any member not attending at least one (1) drill per calendar month is subj ect to the provisions in Article VI, Section l. d) To attend one business meeting per month. Any member who is absent from three consecutive regular business meetings shall be subject to Article VI, Section 2. e) Provide any knowledge of falsification in any application. f) To become familiar with the handling and operation of all articles of equipment. g) To familiarize themselves with the rules set forth in these Rules and Regulations and conduct themselves accordingly. Conduct in conflict with these rules is subject to Article VII. h) No member shall appear at meetings of the Department or on duty under the influence of drugs or alcohol (as defined by current legal limits presently in effect); No member shall operate any Department apparatus under the influence of drugs or alcohol (as defined by the City of Shakopee Personnel Handbook); nor shall he/she be guilty of conduct unbecoming a gentleman/lady, or otherwise be a disgrace to the Department. Conduct as listed above in this 'subsection is subject to penalty of suspension or discharge a~ set forth in Article VII. i) To assist new firefighters during their probationary period on the department. j) To, in the absence of all superior officers, assume the duties and responsibilities of the Chief according to the chain of command specified in Article II, Section 2. k) To complete training curriculums as set forth by the Training Officer. l) To, after completion of probationary period, obtain, 'and maintain in good order, the official department dress uniform, this being the approved dress uniform at the time of becoming a department member. m) To successfully complete the Department specified medical examination. The City shall pay for this examination. 1) The Department specified medical examination should consist of, bdi' not limited to the following tests or procedures and interpretations by a qualified medical physician. a) Respiratory Function Evaluation 1) Assessment of Lung Capacities 2) Assessment of Airflow Rates 9 3) Interpretation by a Physician b) Blood Profile 1) Carbon Monoxide 2) Total Cholesterol 3) HDL-Cholesterol 4) Glucose 5) Triglycerides c) Cardiovascular Evaluation 1) Resting Heart Rate & Blood Pressure 2) Resting Electrocardiogram 3) Interpretation by a physician n) To serve on committees as appointed or elected. Section 9. The duties and responsibilities of department probationers are: a) To follow and perform according to all items listed in Art~cle IV, Section 8. To make all drills and meetings unless prior excuse is granted b) To, within the probationary period, successfully complete Firefighter training (as required for certification by the State of Minnesota at the time of the probationer's training), and minimum medical training as defined ~y the Training Officer Section to. The duties and responsibilities of honorary members are: a) To be governed by the Rules and Regulations of the Shakopee Fire Department, but have no voice or vote in the business of the Department. b) To be subject to recall for active duty in an emergency upon the order of the Chief. Section 11. The duties. and responsibility of the Executive Committee are: a) To take charge of the property of the Department and see that it IS properly maintained and utilized. b) To advise, and give proper consent to the Chief in formulating the rules and regulations governing the Department. c) To hold formal hearings which shall be fair and impartial before impeachment of any officer, and / or disciplinary action of any member.' If the officer(s) in question is a member of the Executive Committee he/she shall step down during the hearing 10 process. The next ranking officer(s) not involved III the hearing shall fill the vacancy( s) Section l2. The duties and responsibilities of the Nominating Committee are: a) To make a recommendation to the department membership III selecting the Fire Department elected positions. Section 13. The duties and responsibilities of the Screening Committee are: a) To meet with all prospective members, evaluating whether or not the prospective members meet the designated Probationary eligibility requirements. b)' To make recommendations to the City Administrator as to the eligibility of prospective Probationer when a department opening exists. Section 14. The duties and responsibilities of the Grievance Committee are: a) To respect the privacy of, and maintain and protect the anonymity to the extent possible of any persons involved in any complaint . b) To examine oral or written complaints as referred to it by any department member or probationer. A report and recommendations regarding the findings of this committee shall be given to the Department at the next regular business meeting. Such report, should respect the privacy of, and maintain and protect the anonymity, to the extent possible, of any persons involved c) If the grievance at hand involves a member(s) of the Grievance Committee, or the Chief, the involved committee member(s) or the Chief shall step down from the Committee and the alternate shall fill the vacancy. Section 15. The duties and responsibilities of Special Committees are: a) To perform duties and functions as assigned. b) Any appointed committee shall have the authority to request assistance from other member(s) of the Department. 11 ARTICLE V (Qualifications for Membership) Section 1. The Shakopee Fire Department shall not discriminate on the basis of race, color, religiol1, sex, National origin, and marital or veteran status for the purpose of membership on the Department. Section 2. Qualifications for application and service as a probationer on the Shakopee Fire Department are: a) Must be at least 18 years of age. b) Must reside in the Shakopee Fire district. c) Must meet response qualifications as outlined in current hiring requirements. d) Must pass physical evaluation. e) Must complete a psychological evaluation. f) The Screening Committee at their discretion shall consider all of these application requirements. g) , Must meet minimum attendance as defined in article VI . ~ ~. i Section 3. Qualifications for Active Membership on the Shakopee Fire Department are: a) Must live within the Shakopee fire District. b) Any previous active member, returning from non-active status will have previously accrued time, as an active member of the Shakopee Fire Department apply toward accrued service time upon reinstatement. c) Must meet minimum attendance as defined in article VI d) Any active member drafted or activated for service in the Armed Services of the United Sates of America, will be on as an active Member of the Department. Upon his/her return, said member will be reinstated as a bona fide member with accrued service time excluding any time served beyond the drafted or activated term, counted as active Department service years. 12 Section 4. Qualifications for Honorary Membership on the Shakopee Fire Department are: a) Any active member retiring after 20 years of service, or resigning from the Department after fifteen (15) years of service on the Department. b) Any active member resigning from the Department due to medical reasons related to non- fire service related reasons as specified by an accredited physician after ten (10) years of service on the Department. c) Any active member unable to continue active membership due to an injury acquired while on and related to duty for the Shakopee Fire DepartIl).ent. Section 5. Qualifications for Distinguished Membership on the Shakopee Fire Department are. a) Any Person who has contributed in assistance to a gr~at degree, and receive 2/3rd vote of the department, in recognition. ARTICLE VI (Minimum attendance requirements) Section 1. Any member, Who is not on a leave of absence, shall attend at least one (1) drill' per calendar month, unless prior excuse is gran tel;! by a chief, or training officer. Section 2. Any member, Who is not on a leave of absence, shall attend at least one (1) Business meeting per quarter, unless prior excuse is granted by a chief. Section 3. Any member, Who is not on a leave of absence, shall maintain a total attendanc~ record of no less then 35% per quarter, unless prior excuse is granted by the Executive Committee. Section 4. Total attendance shall be determined by the call report, and roll call of all paid emergency calls, and regular drills. Section 5. A quarter shall consist of 3 month periods of January - March, April - June, July - September and October - December '1;;' 13 Section 6. Any member not able to attend a drill, meeting or emergency call due to attendance of other fire service related activity, or medical leave related to service, shall be automatically excused, and given credit for being in attendance. ARTICLE VII (Reinstatements, Impeachments, Dismissals, Leaves of Absence, Suspensions) Section 1. Any member not achieving the minimum attendance, as defined in article VI, shall appear before the Executive Committee for review, shall be placed on attendance notice. If said member's attendance fails to meet the minimum attendance in any of the following 3 quarters, they shall be subject to possible disciplinary action, which may include, being considered a "Restricted Member", suspension, or recommendation for dismissal. Section 2. Reinstatement of a Suspended Department Member requires a decision of the Executive committee. For reinstatement the person to be reinstated must meet the requirements in Article V, Section 2 and Section 3. Section 3. Any officer of the Department, for abuse ofhislher authority, or misconduct in his/her office, may be impeached there from and removed from hislher office. The charge against himlher shall be made in writing and filed with the Secretary at least one (1) month before a formal hearing by the Executive Committee as set forth in Article IV, Section 12(c). A copy of said c1}.arge shall be served upon the officer in question at the same time as it is presented to the secretary. The hearing shall substantiate and clarify the charge(s) against the involved officer. Removal of the officer from hislher office shall require a 2/3 vote of the voting Department members present at this business meeting. An officer such removed shall retain Department membership unless further action is recommended, as outlined in Article VII. Section 4. A Department member (After review by the Grievance Committee to substantiate,and clarify the charge(s) against the involved member if requested) may be recommended for dismissal for just cause, after a formal hearing by the Executive committee. A copy of said charge(s) shall be served upon said member at the same time it is presented to the secretary. Section 5. Any member wishing a leave of absence, not to exceed 90 days, must submit an application in writing for review of the executive committee for approval. An extension may be had upon written application and approval of the executive committee'. ,. Section 6. Any member may be suspended from specified Department duties or functions for just cause as designated by the Chief. Written notice must be given to such member. Suspensions "11,, are subject to appeal by the involved member through the Grievance Committee. ' 14 ARTICLE VIII (Drills, Training and Meeting Procedures) Section 1. Regular drill for the Department shall take place on Monday evemngs, unless rescheduled by the training officer. Section 2. With a request by any active firefighter, and upon the review and approval of the Training Officer, a special drill may be held on any day and may be used as a "required monthly drill" as specified in Article IV, Section 9( c). Section 3. All drills and business meetings each month shall be paid based upon attendance. Section 4. Attendance at drills and business meetings shall be established by a roll. Section 5. All schooling pertaining to the fire service must be approved by the Chief prior to atteridance as specified in Article IV, Section l(k) above. Such training shall not be approved for a member who is on a leave of absence, or a restricted member. Section 6. Robert's Rules of Order, Newly Revised, shall prevail at all Department meetings for matters not specifically covered by these Rules and Regulations Section 7. A 60% attendance of the active Department membership shall constitute a quorum. Section 8. The regular business meetings of the Department shall be held on the Third (3rd) Monday of each month. Section 9. The agenda for each regular business meeting shall be: 1) Roll Call 2) Recognition 3) Reading of minutes of previous meetings. 4) Reading of the Treasurers report. 5) Communications 6) Presentation of bills and communications and action on it. 7) Committee reports 15 8) Election of officers. 9) Unfinished 'and miscellaneous business. 10) New Business 11) Good of the Department and critiques 12) Adjournment ARTICLE IX (Convention Delegates) Section 1. No member of the Department shall become eligible as a Convention Delegate, until he/she has completed his/her probationary period. Sectlon 2. All members shall be eligible to become Convention Delegates according to a roster administered by the Executive committee, unless the member is on a leave of absenc(( or restricted member. a) At the time a person is voted into active Department membership he/she is added to the bottom of the Convention Delegate roster. b) Any active member unable to attend the Convention on his/her specified year, if 3 months notice is given of this fact to the Chief, shall return to the top of the Delegate roster the following year. This shall be allowed for one 'year after which time said member would be placed on the bottom of the Delegate roster. Reassignment of position on the Delegate roster may be done with a majority vote by the Department at a regular business meeting. 16 ARTICLE X (Rules and Regulations Alterations and Amendments) Section 1. No alterations or amendments shall be made to these Rules and Regulations unless proposed at a regular meeting, at which time the alterations or amendments shall be referred to a special committee who shall present a report at the next regular or special meeting. Section 2. Any proposed alterations or amendments may be adopted by a 2/3 vote of the voting Department members 'present at a regular or special meeting following the completion of the requirements set forth in Article X Section 1. These changes shall be inserted appropriately into the effective Rules and Regulations of the Department, and each Department member shall be issued an updated copy. Section 3. After the Department approval of alterations or amendments City Council approval is required for final adoption. ARTICLE XI (Disbandment) Section 1. This Department shall not be disbanded except by a 2/3 vote of the entire membership. A published or served notice shall be given for a meeting of this purpose to. the entire membership at least one month before said vote shall be taken. The' Rules and Regulations of the Shakopee Fire Department have been approved and adopted by the Shakopee Fire Department and the City of Shakopee. These newly revised Rules and Regulations shall supercede all other copies of the Rules and Regulations as of May 3rd, 2005 under city Resolution Number 6234 ,-j;, 17