(A) Membership. The management and control of the city Volunteer Fire Department shall be carried on by a Fire Board created, appointed and performing the functions as hereinafter provided. The Fire Board shall consist of six (6) members. Three (3) of said six (6) members shall be appointees of the Mayor subject to the approval of the City Council and at least one (1) of whom shall be a nonmember of the City Council. The other three (3) Fire Board members shall be selected by majority vote of the membership of the Volunteer Fire Department consisting of those volunteers considered to be active by the volunteer firemen and at least one (1) of whom shall be a person other than a volunteer fireman. Each of the members of the Fire Board shall be at least twenty-five (25) years of age and not more than two (2) of them shall be related by affinity or consanguinuity within the third degree.
(B) Terms. Each member of the Fire Board shall be appointed for a two (2) year term or until their successors are appointed and qualified. Terms shall be staggered so that three (3) members will be appointed to fill vacancies in each year. Terms of city members shall be coincidental with the terms of office of the City Council members. Therefore, the City Council member appointees shall commence their terms in odd numbered years and the appointees of the membership of the Volunteer Fire Department shall commence their terms in even numbered years. Should a vacancy occur, then the appointment to fill that vacancy will be for the balance of the unexpired term being filled. Each member of the Fire Board shall be removable for cause by the Eminence City Council after a hearing on due and proper notice.
(C) Officers. At the first meeting of the Fire Board following their appointment in January of each year, the Fire Board shall organize by designation of one (1) of the members to act as Chairman; another as Vice-Chairman; another to act as Secretary and one (1) as Fire Chief. No two (2) offices may be held by one (1) person except the office of Fire Chief and another office may be held by the same person. Said officers shall be chosen by the Fire Board by the majority of the Fire Board members and shall hold office for two (2) years or until their successors are elected and qualified. A treasurer shall be appointed as is set forth below.
(D) Duties of officers.
(1) Chairman. The Chairman shall preside at all meetings of the Fire Board, shall sign records thereof and shall generally perform all the duties incident to the office and such further and other duties as may from time to time be required of him or her by the Fire Board.
(2) Vice-Chairman. The Vice-Chairman shall perform all duties of the Chairman in the absence or disability of the Chairman. In case both the Chairman and the Vice-Chairman are absent or unable to perform their duties, the Fire Board members may appoint another person as Chairman pro-tempore.
(3) Secretary. The secretary shall keep minutes of all of the proceedings of the Fire Board and make a proper record of same and shall be attested by him or her. He or she shall keep such records as may be required by the Fire Board and shall have charge of maintaining same at the City Hall.
(4) Treasurer. The Treasurer shall be an ex-officio member of the Fire Board and the person filling that position shall be such city employee as is appointed by the Mayor to fulfill the functions of Treasurer. The Treasurer shall maintain all records of the Fire Board, received and receipt for sums coming into the hands of the Fire Board and make all disbursements as are authorized.
(5) Fire Chief. The Fire Chief shall have the responsibility of supervising and commanding fire fighters at all fires, fire drills and all meetings of the volunteer fire department. The Fire Chief shall be responsible for overseeing the maintenance of all equipment of the city and the volunteer Fire Department which is being used by the fire department and shall otherwise be responsible for the day to day operations, duties and carrying out the functions of the fire department from the stand point of its primary function, to fight fires.
(E) Funding.
(1) The Fire Board shall have available for expenditure such funds as are appropriated to it by the city budget as same may be adopted from year to year and additionally such funds as may be collected by the volunteer fire department from subscriptions or other fees. All of said funds shall be disbursed in accordance with the directions of the Fire Board. However, said funds shall be held by and disbursed by city personnel in the office of the City Clerk/Treasurer.
(2) The accounts of the Fire Board/Volunteer Fire Department shall be audited by a Certified Public Accountant once each year as a part of the city budget and members of the Fire Board shall cooperate in providing such records as may be necessary to carry out said function.
(F) Annual inventory. The Fire Board shall provide to the city an annual inventory of all equipment belonging to the city and/or to the Fire Board.
(G) Interference. The city shall not interfere with nor in any manner control the manner in which fires are fought, the equipment to be used at said fires or the day to day functions of the Volunteer Fire Department in fire protection.
(H) Outside city. It is understood that the volunteer fire department may provide a function of fire protection and fight fires not only within the city but also in the rural areas outside of the city. The city shall not be involved in the manner in which the volunteer fire department is used and charges fees for or select to whom the volunteer fire department shall provide such services outside the city. Control over all questions regarding the fighting of fires outside of the city shall remain with the Volunteer Fire Department.
(I) Removal of equipment from city. It is understood that the Volunteer Fire Department works and cooperates with other fire departments in this region. Said practice is encouraged. However, the fire department shall not take fire equipment necessary for fighting a fire in the city outside of the city except after having made adequate provision for the protection of the city as are consistent with maintaining the present or better fire rating for the city and are consistent with other state fire marshal regulations and Insurance Service Organization regulations (ISO).
(J) City Council attendance. A representative from the Fire Board shall attend each regularly called City Council meeting and provide a report of activities for the proceeding month.
(K) Maintenance of equipment. The Volunteer Fire Department shall maintain all equipment owned by the city and by the volunteer fire department in as good condition as it now is, normal wear and tear excepted.
(L) Budgets. The fire department shall provide a budget proposal for all expected expenditures and receipts of the fire department on or before April 15 of each year so it can be considered by the City Council in preparation of its annual budget.
(M) Meetings for volunteer firemen. Separate and apart from meeting of the Fire Board, it is understood that volunteer firemen shall meet from time to time as notified and advised by the Fire Chief or other duly authorized officers of the fire department and that all such meetings they should be under control of the Fire Chief or other such officer and shall conduct themselves in a professional fashion. The Fire Board shall promulgate standards of conduct and expectations of its volunteers.
(N) Compensation. The Fire Board may establish a per diem compensation for the Fire Chief and volunteer fire fighters within the budget authorized by the City Council each year.
(Ord. 2007-007, passed 5-14-07)
Cross reference:
For recovery of fees for the motor vehicle accident services, see § 41.01