Section
General Provisions
33.01 Fire Department created
33.02 Duties of Chief; officers
33.03 Duties
33.04 Reserve firefighters
33.05 Employment of firefighters
33.06 Fire Chief; duties
33.07 Assistant Fire Chief duties
33.08 Service for industrial site subdivision
33.09 Property taxes; fee
33.10 Emergency management; adoption of act
33.11 Insurance
Regulations
33.25 General rules and regulations
33.26 Vehicles have right-of-way
33.27 Mandatory assistance
Firefighter Retirement Plan
33.40 Firefighter Retirement Plan
33.99 Penalty
GENERAL PROVISIONS
There is hereby created a Fire Department for the city which shall consist of a Fire Chief and as many officers and firefighters as is deemed appropriate by the Mayor and City Council, whether they be paid regular employees or reserves. The Fire Chief shall be appointed by the Mayor, subject to the approval of the City Council, from a list of suitable persons supplied by the Civil Service Commission. The Fire Chief shall have such powers and authority and shall perform such duties as are provided by the provisions of this code, state law and city ordinances, rules and regulations.
(Prior Code, § 33.01) (Ord. 89-3A, passed 3-6-1989; Ord. 21-04, passed 2-1-2021; Ord. 22-18, passed 7-18-2022)
(A) The Fire Chief shall have full control and supervision over all paid and reserve firefighters. Said control and supervision shall be subject to the authority vested in the City Administrator for oversight as to all departments of the city and the authority of the Mayor and City Council.
(B) The Fire Chief shall be accountable to the City Administrator, Mayor and City Council for the proper and faithful performance of his or her duties. In the absence or inability of the Fire Chief, or during such hours of the day as the Fire Chief may be off duty, the Fire Chief’s powers and duties shall be exercised by the Assistant Fire Chief or the Fire Chief’s designee.
(Prior Code, § 33.02) (Ord. 21-04, passed 2-1-2021; Ord. 22-18, passed 7-18-2022)
(A) It shall be the duty of all fire companies now organized in the city or which may hereafter be organized to keep their apparatus and hose in a serviceable and clean condition and to repair with due haste to all fires and to remain thereat until dismissed by order of the Chief of the Fire Department.
(B) It shall also be the duty of the Secretary of each company to report to the City Council the names of all officers elected to fill active positions in the companies within a reasonable time after the election thereof and to file with the Clerk annually a list of all active members in good standing in order to obtain the exemptions provided by law.
(Prior Code, § 33.03)
Statutory reference:
Definition of membership in good standing, see Neb. Rev. Stat. § 35-103
Exemptions from militia/military duty, see Neb. Rev. Stat. §§ 35-101, 55-106 and 55-174
Membership requirements for workers compensation, see Neb. Rev. Stat. § 48-115
(A) Creation and purpose. The city’s reserve firefighters are hereby created, with the goal to limit the amount of damage, whether it is to property or life, by providing an adequate, well-trained response of suppression forces for major emergencies. The primary objective is to staff the engine and the truck companies on all first alarm structure assignments within five to ten minutes of the alarm. The reserves shall provide an immediate manpower pool in addition to the on-duty forces.
(B) Membership; qualifications; appointment; bond.
(1) The reserves unit shall consist of such number of members as shall from time to time be determined by the Mayor and Council.
(2) The Mayor and City Council shall prescribe the qualifications and standards by which applicants for membership in the reserve shall be governed, and persons possessing said qualifications and conforming to said standards may be appointed to the reserves by the Fire Chief.
(3) (a) To be eligible for membership in the reserves, each applicant must indicate his or her willingness to attend regularly scheduled trainings, on the second or third Monday of each month commencing at 7:00 p.m. and any additional day and time as needed, and not miss more than two consecutive meetings or drills unless excused by the Fire Chief.
(b) Members shall also attend all quarterly department meetings, scheduled for the first Monday in January, April, July and October. Excessive unexcused absences throughout the year shall be cause for possible termination.
(4) Application for membership in the reserves shall be submitted in writing at the office of the Fire Chief. All eligible applicants will be contacted for an oral review before one paid Captain, President of the Reserves, Assistant Fire Chief and the Fire Chief, with any three of the four constituting a quorum. Candidates will be rated on oral, interpersonal and decision-making skills.
(5) Upon acceptance to the reserves, each member of the reserve fire division shall be bonded by the city before being installed in the Department.
(C) Officers.
(1) The reserves shall elect a President, Vice-President and a Secretary-Treasurer. They shall be elected on a rotating basis (President, Secretary-Treasurer and one member at large elected in even years, Vice President and one member at large in odd years) during the first regular meeting held by the reserve company upon its formation and at the regular meeting in July of each year thereafter, by a majority of the members present, and shall hold office for one year, or until their successors are elected.
(2) It shall be the duty of the President to preside at all meetings. It shall be the duty of the Vice-President to preside at all meetings, in the absence of the President. It shall be the duty of the Secretary-Treasurer to keep a list of all members, to call roll at each meeting and to keep an accurate record of all minutes and finances of the reserves and to provide said records to the Fire Chief.
(D) Fire calls and response. All fire calls and response criteria shall be outlined in the most recent copy of the Constitution and bylaws.
(E) Control. Members of the reserves shall be subject to the control of the Fire Chief and his or her designees.
(F) Rules and regulations.
(1) The Mayor and Council may promulgate such rules and regulations and provisions, and amendments thereto, as may in their discretion be necessary to carry out the express intent of this subchapter, to include a table of organization not in conflict herewith.
(2) The reserves unit may adopt its own rules and regulations to govern its operation in matters not involving fire training and periods of active duty, subject to approval by the Fire Chief.
(Prior Code, § 33.04) (Ord. 21-04, passed 2-1-2021; Ord. 22-18, passed 7-18-2022)
(A) The Mayor and City Council are hereby authorized to employ paid firefighters selected from candidates recommended by the Chief of the Fire Department, the list of which is supplied by the Civil Service Commission. The paid firefighters to be under control, direction and approval of the Chief of the Fire Department.
(B) Any disciplinary action in regard to a paid firefighter shall be as provided by the city personnel policy manual, the state’s Civil Service Act and the collective bargaining agreement.
(Prior Code, § 33.05) (Ord. 21-04, passed 2-1-2021)
Statutory reference:
Civil service, see Neb. Rev. Stat. §§ 19-1832 and 19-1833
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