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HomeMy WebLinkAboutOrdinances Book 17, Page 898, Ordinance Number 71-12-592898 ORDINANCE NO. 71-12-592 AN ORDINANCE AMENDING SECTIONS 12-22, 12-23, 12-29, 12-36 AND ADDING A NEW SECTION 12-39 TO CHAPTER 12 "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 12-22 of the Code of Ordinances City of Paducah, Kentucky, be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "Sec. 12-22. Designation of members' duties, exchange of duties, and relief at fires. 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 his orders in such matters shall be explicitly complied with. Subject to the approval of the company captain and the chief of the department, members of the department may exchange duty with each other on a voluntary basis in instances including, but not limited to, situations where a member has depleted his sick time and vacation allowances and continues to be unable to return to duty; attendance at professional or union conferences and schools, and such other situations where a member's absence could not otherwise be compensated. Work back and exchange of duties as provided for herein shall in no way result in credit for extra compensation for the one performing the duty in the form of overtime, or other provisions for increased pay. The chief of the department may assign lieutenants to the primary duties of operating equipment, directing fire streams, caring for equipment, and instructing firefighters. Lieutenants shall be deemed officers with full authority to command any company, and the chief of the department may assign a lieutenant to take command of a company in the absence of a captain. SECTION 2. That Section 12-23 of the Code of Ordinances City of Paducah, Kentucky, be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "SEC. 12-23. Grievance procedure for the fire department. There is hereby established a grievance procedure for members of the fire department who have a complaint arising out of their employment. ,4 (a) A complaint shall be filed within three days after knowledge of its occurrence. The complaint shall be filed with the assistant chief. The complaint shall be in writing and shall contain a'clear, concise statement of the cause of the grievance. The assistant chief will attempt to remedy the problem presented and shall answer the grievance not later than the next work -shift following the filing of the grievance. (b) Any party not satisfied by the decision of the assistant chief may appeal to the chief of the department within two days following the receipt of the answer by the assistant chief. The appeal shall be in writing and contain a statement of the reason for the appeal and have attached thereto a copy of the original'grievance together with a copy of the decision of the assistant chief. The chief of the department shall thereupon investigate the problem and render a decision within three days from the date the appeal is filed. (c) Any party aggrieved by the decision of the chief of the department or who is not satisfied with the decision, may appeal the complaint and decision to the city manager. All written matter of record in the case shall be forwarded to the city manager within three days following the decision by the chief, and the city manager shall render his opinion in the case within five days after receipt of the appeal. (d) The decision of the city manager may be appealed by any aggrieved party to the board of commissioners. All written matter in the case shall be forwarded to the city clerk who shall make all records available to the commission. The appeal shall be in writing and shall contain a clear and concise statement of the issues to be presented to and heard by the board. The board shall set a time for hearing the grievance at its earliest convenience and without any undue delay. The decision of the board shall be final and binding, except for any judicial review which might otherwise be provided for by law. (e) For any hearing before the:board of commissioners, any party to the action may request the cummoning of witnesses. During all prior proceedings; the party before whom the grievance is pending shall determine what witnesses and what evidence shall be presented. The complairsnt,however, may be represented during any step in this grievance procedure by himself, by an attorney-at-law, or by the president, vice- president, or any steward of any organization recognized as representing 899 900 the members of the fire department. When so designated by the member - complainant, the individual or board hearing the complaint shall recognize the said president, vice president or steward as a representative of the member, Whenever a hearing is conducted at a time when the complainant or his representative are on duty, a special leave of absence shall be granted to provide for attendance at the hearing without loss of any pay. (f) In the calculation of all time limits stated herein, all saturdays, sundays and holidays shall be excluded, andthe time for filing on the final day shall be not later than 5 p.m., current time. SECTION 3. That Section 12-29 of the Code of Ordinances City o° Paducah, Kentucky, be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "Section 12-29. Members' uniforms. All members of the fire department below the grade of captain shall wear the standard uniform, which shall consist of a standard uniform cap, navy blue trousers, black shoes, blue shirt and black tie. The standard winter uniform shall consist of the above standard uniform coat with silver buttons and insignia, except that a blue sweater and blouse of approved type may be worn. Officers with rank of captain and above shall wear white shirts instead of blue and gold buttons and insignia on coat. The chief of the department may prescribe a class "B" work uniform of a "wash & wear" type to be worn by all members below the rank of assistant chief during duty hours. While on duty, all officers and men will be required to weat the prescribed uniform. When off duty, the uniform may be worn, but in no instance while on or off duty will part of the uniform be permitted. All new members of the fire department shall be entitled to an additional clothing allowance of $125.00. In the event the said member does not remain an employee in the department for more than seventy-five calendar days, all uniforms purchased with the initial payment shall be returned to the chief of the department. All members of the department shall receive a uniform allowance for each calendar year following the year of initial employment in the amount of $120.00 which shall be pro- rated on a basis of $10.00 per month in the event employment is ter- minated within the year of payment. For purposes of calculating a month full credit shall be given after the 15th day." 901 SECTION 4. That Section 12-36 of the Code of Ordinances City of Paducah, Kentucky, be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "Sec. 12-36. Status of demoted member. When a member of the fire department is demoted by the board of commissioners from one grade or classification to a lower grade or classification, he shall have the same status as one appointed or promoted to such lower grade. A demoted member shall be advised as to his position for future- advancement and of the duties for which he is qualified. His position for future promotion shall also be made known to allmembers within the rank to which he has been demoted. SECTION 5. That a new section to Chapter 12 of the Code of Ordinances City of Paducah, Kentucky, be created which shall hereafter read as follows: "Sec. 12-39. Recognition of professional organization for members. Members of the fire department shall not be denied the right to join and maintain membership in a professional organization which now exists or should come into existence for the purpose of providing a means to improve working conditions, salaries, professional standards, and employer-employee relationships. Any such organization which is or may become composed of more than one-half of the members of the fire department shall be declared an agent which shall have the right to represent the entire department and the members thereof regarding the above conditions of employment. In the event of the existence of such a professional organization as described above, a committee of three members may be designated by the organization to meet with the chief of the fire department, the city manager, or the board of commissioners of the city of Paducah for the purpose of negotiating the conditions arising out of the employment of the members inclusive of working conditions, salaries, and benefits. SECTION 6. Sections 1, 2, 3 and 4 above amend Sections 8, 1, 9 and 7 respectively, of an ordinance pertaining to the fire department, adopted June 16, 1937. SECTION 7. The provisions for an initial uniform allowance as specified in Section 3 above, shall be made retroactive for all members of the Paducah Fire Department employed during the year 1971, and this 902 ordinance shall otherwise be in full force and effect from and after January 1, 1972. Mayor Passed by the Board of Commissioners December 28, 1971 Recorded by Sarah Thurman, City Clerk, December 28, 1971.