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There is hereby created a fire-rescue department of the City of Dallas, at the head of which shall be the chief of the fire-rescue department. The fire-rescue department shall be composed of the chief of the fire-rescue department, whose office is hereby created and established, and other unclassified positions of assistants, limited to the two grades or ranks immediately below the grade or rank of chief, and classified employees as the council may provide by ordinance upon the recommendation of the city manager. The chief of the fire-rescue department shall designate the order of succession of the assistant chiefs, who shall perform the duties of the chief in the event of the chief’s disability, absence from the city, or inability to perform duties from any other cause. (Amend. of 6-12-73, Prop. No. 27; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
The chief of the fire-rescue department shall:
(1) have exclusive control of the stationing and transfer of all firefighters and other officers and employees constituting the fire-rescue department, under such rules and regulations as may be established by the city manager, to whom the chief shall be immediately responsible, or according to the ordinances of the city;
(2) take all necessary measures to protect the city and the property of its residents from destruction by fire or conflagration;
(3) devote the chief’s entire time to the discharge of official duties, and shall not be absent from the city except in the performance of official duties, unless granted a written leave by the city manager;
(4) classify the fire-rescue service of the city in conformity with the ordinances of the city council concerning the number of persons to be employed therein and make rules for the regulation and discipline of such service and the employees;
(5) prescribe the uniform and badges for the members of the fire-rescue department;
(6) provide fire-rescue equipment, personnel, and services for emergency use; and
(7) perform such other duties as may be required by the city manager or by ordinance of the city council. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10; Amend. of 11-5-24)
The members of the fire-rescue department, other than the chief of the fire-rescue department and the chief’s assistants provided for by council ordinance, shall be certified from the list of eligibles prepared by a civil service commission, in accordance with such rules and regulations as may be prescribed by the civil service commission; provided, however, that in case of civil disturbance, the city manager or the chief of the fire-rescue department may appoint additional firefighters and officers for temporary service, who need not be in the classified service. (Amend. of 6-12-73, Prop. No. 27; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
All firefighters and other uniformed personnel of the fire-rescue department shall receive additional compensation for continuous service as is provided by the laws of the State of Texas and, in the absence of such provisions, as is provided for by ordinances of the city. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
When any building in the city is on fire, it shall be lawful for the chief of the fire-rescue department or any assistant chief of the fire-rescue department, with the concurrence of the city manager, to direct such building, or any buildings that they may deem hazardous and likely to communicate fire to other buildings, to be torn down, blown up, or destroyed, and no action shall be maintained against any person or against the city therefor. Any person interested in any building so destroyed or injured may, within six months, and not thereafter, apply in writing to the council to assess and pay the damages claimed to have been sustained. If the council and the claimant cannot agree upon the terms of adjustment, then the application of the claimant shall be referred for decision to three disinterested arbitrators, who shall be qualified voters and owners of real estate within the city. One arbitrator shall be appointed by the claimant, and one by the council, and the third by both arbitrators previously selected, and the decision of the majority shall constitute the award in the case. The arbitrators shall be sworn to faithfully execute their duties according to the best of their ability. They shall have power to subpoena and administer oaths to witnesses; to give all parties a fair and impartial hearing; and to give reasonable notice beforehand of the time and place of the hearing. They shall take into account the probability as to whether the building would have been destroyed by fire if it had not been pulled down and destroyed and the loss of insurance upon the property, if any, caused by the pulling down, blowing up, and destroying of the building, and may report that no damages should equitably be allowed to the claimant. Whenever such report appraising the damages is made and finally confirmed by the council, compliance therewith by the council shall be deemed full satisfaction of the damages. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
Each member of the fire-rescue department acting under orders of a commanding officer is authorized to exercise powers of police officers while going to, attending, or returning from any fire, alarm of fire, or rescue situation and shall be issued a warrant of appointment signed by the city manager, in which the date of appointment shall be stated, and such warrant shall be the firefighter’s commission. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
Any person, other than a member of the fire-rescue department of the City of Dallas, who wears the uniform or badge as prescribed by the chief of the fire-rescue department of the City of Dallas, or a uniform or badge so closely similar as to be mistaken for the uniform or badge of the fire-rescue department of the City of Dallas, shall be subject to such fine as may be prescribed by the city council by ordinance. (Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. No. 10)
The chief of the fire-rescue department shall have the right to discipline any officers or employees who may be under the chief’s control and management for violations of city ordinances or federal or state law, or for failure to obey orders given by the proper authority, or the orders, rules, and regulations promulgated by the chief for the department. The chief of the fire-rescue department may delegate this authority to discipline as he or she deems fit. If any officer or employee is discharged, the chief of the fire-rescue department shall forthwith in writing certify the fact, together with the cause for the action, to the city manager. A disciplined officer or employee shall have 10 days from receipt of notice of a suspension, demotion, or discharge within which to demand a hearing before the city manager, as provided in this Charter, but such demand must be made in writing. If demanded, the city manager shall proceed to inquire into the cause of the discipline and render judgment thereon, which judgment, if the charge is sustained, may be suspension, reduction in rank, discharge, or such other discipline as may seem just and equitable to the city manager under all the facts and circumstances of the particular case. Such judgment is final unless a discharged or demoted officer or employee desires to exercise the right of a public hearing before a trial board or an administrative law judge as provided by this Charter. (Amend. of 4-3-76, Prop. No. 8; Amend. of 4-2-83, Prop. No. 7; Amend. of 5-1-93, Prop. No. 8; Amend. of 5-3-97, Prop. No. 6; Amend. of 11-8-05, Prop. Nos. 5 and 10; Amend. of 11-5-24)