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HomeMy WebLinkAbout2024-11-8829ORDINANCE NO. 2024-11-8829 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the desires to amend Chapter 2, Division 5 "Fire Department" of the Code of Ordinances of the City of Paducah. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION A. That the City of Paducah, Kentucky, hereby amends Chapter 2, Division 5 "Fire Department" of the Paducah Code of Ordinances as follows: Sec. 2-301. Chief. The Chief of the Fire Department shall be the director and active executive head of the Department and all employees shall be subject to the Chiefs supervision and control, but during the chiefs absence from the City or inability to perform the duties of office the Deputy Chief, Assistant Chief, or Battalion Chief of the Fire Department shall have supervision and control of the Department. Sec. 2-301.5. Administer and implement duties. The Chief of the Fire Department shall have the responsibility for administering and implementing duties associated with the divisions of administration, suppression, fire prevention, and training. Sec. 2-302. Captains. All Captains in the Fire Department shall have and retain the same rank and shall be responsible to the Chief of the Fire Department for the proper conduct and performance of the duties of the firefighters at the stations to which they are assigned. Sec. 2-303. Duties of members; leaving station while on duty. (a) Duties. (1) The Chief of the Fire Department shall designate duties to members of the Department so as to produce the greatest efficiency in the service, and the Chiefs orders in such matters shall be explicitly complied with. (b) Leaving station while on duty. No member of the Fire Department shall leave the member's station while on duty without the consent of the member's superior officer. Sec. 2-304. Residency requirements. All members of the Fire Department hired after October 1, 1988, shall reside within McCracken County or within forty-five (45) minutes of Station 4 as measured by a recognized mapping program, i.e., Mapquest, Google Maps, etc., as a condition of their continued employment within the Fire Department of the City. Sec. 2-305. Command at scene of fire. The C"Officer of the first Fire Department company arriving at a fire shall be in charge until the arrival of the Chief of the Department or a Deputy Chief, Assistant Chief, or Battalion Chief. In the absence of the Chief, any Chief Officer at the scene shall assume the duties of the Chief. The Captai-n-Officer of each company shall lead, direct and continue with the C-aptaiite Officer's company for the duration of the fire, or until the fire is extinguished, or until relieved by the Captain's Officer's superior. MATOMINI 1111 i11111111 J@ 111111 1.41111111il,1110.1111111 1:1 1 PENN (b) Leaving station while on duty. No member of the Fire Department shall leave the member's station while on duty without the consent of the member's superior officer. Sec. 2-304. Residency requirements. All members of the Fire Department hired after October 1, 1988, shall reside within McCracken County or within forty-five (45) minutes of Station 4 as measured by a recognized mapping program, i.e., Mapquest, Google Maps, etc., as a condition of their continued employment within the Fire Department of the City. Sec. 2-305. Command at scene of fire. The C"Officer of the first Fire Department company arriving at a fire shall be in charge until the arrival of the Chief of the Department or a Deputy Chief, Assistant Chief, or Battalion Chief. In the absence of the Chief, any Chief Officer at the scene shall assume the duties of the Chief. The Captai-n-Officer of each company shall lead, direct and continue with the C-aptaiite Officer's company for the duration of the fire, or until the fire is extinguished, or until relieved by the Captain's Officer's superior. Sec. 2-306. Use of automotive equipment. No member shall use the automotive equipment of the Fire Department except in the performance of duty. Each member shall strictly observe all traffic laws, ordinances and regulations of the City, except in answering alarms, and then shall use utmost diligence in the handling of the equipment. Each member using automotive equipment shall use every precaution to preserve the same in good order and good appearance. Sec. 2-307. Number, rank and salaries of members in the suppression division; additional compensation. (a) The number and rank of members of the Fire Department of the City and the salary of each position that shall be paid upon satisfactory completion of consecutive years of service in the Fire Department shall be as established by ordinance. The schedule of such salaries and positions shall be on file with the City Clerk. (b) M thehigher than the position the employee holds, and the temper-afy assignmefft is to be for greater s�han tytt ❑;_ r. _. _ _-- r ton (10) eenseettti3ve 24 hour shifts (exeliiding unseheduled evertime), then the wage fate ef t employee will be adjusted aeeording to stteh amounts as established by ordinanee. 9tteh aeting offieem are required to serve, ineleding vaeancy withiii the position, illness, vaeatiens shall not be paid for assignments resulting fiem members operating on wer-k hael- ­-'sions, aending--school f y other feason t, stated above. n _ _ -_„ , al tt aeeounted for by the Assistant Fire Chiefs, and paymeftt shall be made in a fflafm with the aettial dates working in said aeting position. Acting pay shall be subjeet te all payfell Elv acaca. iet:ci�oirr. Sec. 2-308. Uniforms. (a) While on duty, all officers and personnel will be required to wear the uniform prescribed by the Chief of the Department. When off duty, the uniform may be worn, but in no instance while on or off duty will part of the uniform be permitted. (b) All o meffibers of he Fire De a -A ..t shall be entitled to an additional elothing all .,.,.nee as established by munieipal a F the 04y- In the event the member does not remain an employee in the department for more than seventy-five (75) calendar days, all uniforms purchased with the initial payment shall be returned to the Chief of the Department. Sec. 2-310. Reserved. aa�.;im�t IN 61110 -iniiiimiioiii Sec. 2-308. Uniforms. (a) While on duty, all officers and personnel will be required to wear the uniform prescribed by the Chief of the Department. When off duty, the uniform may be worn, but in no instance while on or off duty will part of the uniform be permitted. (b) All o meffibers of he Fire De a -A ..t shall be entitled to an additional elothing all .,.,.nee as established by munieipal a F the 04y- In the event the member does not remain an employee in the department for more than seventy-five (75) calendar days, all uniforms purchased with the initial payment shall be returned to the Chief of the Department. Sec. 2-310. Reserved. W1 N 1111 ,. 7T•TSTswlRL7fifER!l�:ISR'il.IRS:TF.ITiSlT-!!!�}.S:f • •` go "I NJ I RlSI:S�}'J-_�:[!_TES:F.IdGEif •- Sec. 2-312. Report of neglect of duty. It shall be the duty of the Chief of the Fire Department to report, in writing, to the Board of Commissioners, any failure, neglect or refusal on the part of any member of the Fire Department to use such member's best endeavor to enforce laws, perform such member's duties and report violations of law to the Chief. Sec. 2-313. Dismissal, suspension or demotion of members. (a) Grounds. (1) In addition to the causes for reprimand, dismissal, suspension and demotion provided for by law, all members of the Fire Department shall be subject to reprimand, demotion, suspension and dismissal for violation of City and/or Department rules and any similar types of misconduct, examples of which include the following: of the following a. Drinking beer, wine, whiskey or any other alcoholic or intoxicating liquor while on duty of while wear-ing any ..&A of the ..berg.. unit b. Being intoxicated either on er-e€f duty. C. Insubordination or disrespect to the City Manager, the Mayor, any member of the Board of Commissioners, or to any superior officer or employee, or refusal or failure to obey or execute any command or order given by a superior officer. rs�vs�eeersfcrseerst� *ssasrxaes+� e. Conviction in any court of a felony. f. Attempting to in any way influence any person's vote in any election, or interfering with or obstructing the holding of any election or registration of voters. g. Allowing as many as three (3) orders of attachment or garnishes against the member's salary or wages for just debts. h. Cowardice, inefficiency or neglect in the performance of duty, or disobedience of lawful orders of a superior officer. i. Such mental, physical or educational incapacity or disability as renders the member incapable of properly performing the member's duty. j. Abandonment of, without just cause, or failure to support the member's family. k. Any immoral habits, lascivious or improper conduct not herein enumerated which would render the member an unfit or improper person for employment in the Fire Department, or which would in any way tend to bring discredit or criticism to the Fire Department, the City government or any of its employees. 1. The acceptance of any gift or contribution of any kind from any person which may be calculated to place such member of the Fire Department under obligation to the contributor or anyone else. A gift having a fair market value of more than $200.00, whether in the form of money, service, loan, travel, entertainment hospitality, or any other form is presumed to be a violation of this section. in. Entering any disorderly house except in the discharge of duty. n. Using indecent, profane or obscene language while on duty or while wearing any part of the member's uniform such that member(s) of the public can hear. o. Impoliteness or rudeness in dealing with the public or in the performance of duty. P. Slovenliness or untidiness in person or uniform or failure to wear the prescribed uniform while on duty. q. Being absent from duty without proper permission. r. Engaging in disputes or quarrels with another employee or member of the Department while either or any of them are on or off duty, or using any indecent, obscene or profane names or language in addressing any officer of the Department or other person. (2) Any member of the Fire Department who shall, on a hearing, be found guilty of charges for violation of the rules and regulations prescribed in subsection (a)(1) of this section shall be reprimanded, demoted, suspended or dismissed from the service in the discretion of the Board of Commissioners. (b) Demotion. When a member of the Fire Department is demoted by the Board of Commissioners from one (1) grade or classification to a lower grade or classification, the member shall have the same status as one appointed or promoted to such lower grade. A demoted member shall be advised as to such member's position for future advancement and of the duties for which such member is qualified. The member's position for future promotion shall also be made known to all members within the rank to which such member has been demoted. (c) Suspension. A suspended member of the Fire Department shall receive no pay during the time of suspension unless the member is acquitted of the charges against such member, and if so acquitted the member may be allowed pay for the time so suspended by order of the Board of Commissioners. Sec. 2-314. Firefighter recruitment and selection standards. The Firefighter Candidate Recruitment Qualifications and Selection Procedure Manual,—a r"ri Of Which is an file with the Gler fire department standard operating procedure SOG 208, shall be a part of this Code to the same effect as if set out in full herein. Sec. 2-315. Firefighter training and qualifications; appointee probationary period (a) EMT certification. Any person employed on a permanent basis as a firefighter in the Paducah Fire Department shall, within a period of twenty-four (24) months, complete the required course and become certified as an Emergency Medical Technician (EMT) through the Commonwealth Department of Human Resources. Further, all firefighters so employed shall keep their EMT certification current at all times and participate in continuing EMT education and training programs. Failure to maintain EMT certification, with absence of good cause, shall be grounds for discipline or dismissal pursuant to KRS 95.450 . (b) Qualifications for employment. No person shall be employed as an appointee for employment as a firefighter in the Fire Department who does not possess the following qualifications and comply with the following requirements: (1) They must be able to read, write and understand the English language and must be a high school graduate or hold a certificate of high school equivalence issued on the basis of a successful completion of the General Educational Development Test administered and approved under the supervision of the United States Armed Forces Institute, or a recognized institute of higher learning, or the state. (2) They must be at least nineteen eighteen (4-118) years of age. (3) They must be a person of sobriety and integrity who at all times has been an orderly law-abiding citizen. (4) They must be able to identify the colors of red, green and yellow. (5) They must have standard visual acuity, without correction, not less than 20/40 in one eye, and 20/100 in the other eye; and, with correction, not less than 20/20 in one eye, and 20/40 in the other eye. (6) They must have a valid driver's license. The firefighter candidate recruit qualifications and selection procedure manual, a copy of which is on file with the City Clerk, shall be a part of this Code to the same effect as if set out in full herein. (7) They must have US citizenship. (8) They must be able to work full-time. (9) They must have a valid Candidate Physical Agility Test (CPAT) card current through the expected hire date. (10) They must submit to a criminal background check. (c) Probationary period. (1) All appointments to the Fire Department shall be for a probationary period of one (1) year from the completion of the initial training period of thirteen (13) weeks to thirty-two (32) weeks (based on a forty (40) hour work week). The initial training period shall not exceed thirty-two (32) weeks. During this time appointees shall be paid the hourly wage as established by ordinance at the same time other regular firefighter wages are paid. Upon completion of the initial training period the Fire Chief shall assign the appointee to a regular platoon, working twenty-four (24) hours on duty and forty-eight (48) hours off duty and paid the hourly wage by ordinance at the same time other regular firefighter wages are paid. Until the probationary period has elapsed, the appointment shall be conditional. At any time during this probationary period, the appointee may be summarily removed by the Board of Commissioners of the City. During this probationary period the appointee shall not be entitled to the grievance procedure of KRS 95.450 . At such time the appointee may have successfully completed the probationary period they shall become a member of the Fire Department and entitled to the procedures of KRS 95.450 . (2) Until the one (1) year probationary period has elapsed, the appointment shall be conditional. As such, the appointee shall not be entitled to the discipline procedures of KRS 95.450. At any time during the appointee's probationary period, the appointee may be summarily removed by the Board of Commissioners of the City. (d) Additional training. After the completion of the above requirements, each member shall engage in all training needed to meet State requirements. (e) Supervision of training program. The training program provided for in subsections (c)(1) and (2), and (d) of this section shall be under the direction and supervision of the Chief of the Fire Department, subject to any rules and regulations adopted by the Board of Commissioners and the Kentucky Fire Commission, and each person employed as an appointee for employment as a firefighter shall participate therein and shall perform such duties as may be assigned to the person by such Chief. SECTION B. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION C. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION D. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: indsay Parish City Clerk Introduced by the Board of Commissioners, November 12, 2024 Adopted by the Board of Commissioners, November 27, 2024 Recorded by Lindsay Parish, City Clerk, November 27, 2024 Published by The Paducah Sun, November 30, 2024 KKHB Ord\2-Fire Department 2024 Amendment