(A) Authority. The Commission is created by and granted authority and jurisdiction as provided by the City of Fort Wayne Code of Ordinances, as amended, Chapter 35, Fire Department. In considering any matter related to this ordinance, the Commissioners will consider state law, City Code, the collective bargaining agreement between the Union and the city, and orders, policies, notices and guidelines issued from time to time by the Fire Chief and the Fire Administration. Unless otherwise stated herein, any change to the provisions of this chapter requires approval by the Common Council.
(B) Meetings.
(1) Annual organizational meeting. The Commission shall meet annually on the first Tuesday of February at a time and place to be designated by the Commission. At the annual meeting the Commissioners shall select from their number a President, Vice-President, and Secretary.
(2) Monthly meetings. The Commission shall meet monthly on the first Tuesday of each month or as needed in order to transact the business of the Commission.
(3) Special meetings. Any Commission member may call special meetings of the Commission.
(4) Executive session. The Commission may meet in executive session consistent with the provisions of I.C. 5-14-1.5-6.1 as amended.
(5) Meeting location. The Commission shall establish a regular meeting location. The location shall be suitable to accommodate the business of the Commission, including appropriate access by the public, and must also accommodate remote electronic participation as permitted by state law.
(6) Open meetings. All meetings of the Commission, except executive sessions, shall be open to interested parties and members of the general public desiring to witness the proceeding or be heard by the Commission in accordance with this chapter.
(7) Quorum. Three voting Commissioners, including Commissioner participation remotely by electronic means, to the extent allowed by state law, constitute a quorum. A majority vote of all five voting Commissioners (and not simply a majority of the quorum) is necessary to transact the business of the Commission. The President shall have a vote on all matters coming before the Commission. Voting by proxy is not permitted. In any case where a vote of the Commission does not result in official action of the Commission, a subsequent meeting of the Commission shall be rescheduled and the decision reconsidered for action.
(8) Order of business. Each meeting of the Commission shall adhere to the following order of business:
(a) Call to order;
(b) Roll call of members and staff;
(c) Adoption of agenda;
(d) Review of minutes of previous meeting;
(e) Unfinished business;
(f) New business;
(g) Miscellaneous business;
(h) Fire Chief's report;
(i) Commissioners’ comments;
(j) Public comment; and
(k) Adjournment
(9) Agenda. Commissioners, the Fire Chief, the Union, and any member may propose Commission agenda items to be heard by the Commission. Proposed agenda items shall be submitted to the Secretary of the Commission no later than three days prior to the next scheduled meeting of the Commission. If a proposed agenda item relates to a specific document(s), the relevant portion of the document(s) shall be submitted with the proposal. The proposed agenda shall be distributed no later than three days prior to that meeting to the Fire Chief, the Union, and the media (according to the media distribution list). Documents referenced in the agenda or that will be addressed according to the agenda shall be made available in advance of that meeting on request unless otherwise restricted from distribution by applicable law. In accordance with the Commission’s order of business, the Commission shall review and adopt an agenda from the proposed agenda items submitted.
(10) Voting. Except as otherwise required by state law, voting by the Commission shall be in the form of either a roll call vote or a voice vote. Generally, a voice vote shall be used in deciding all matters. In any instances in which a voice vote is used, any Commissioner of the Commission may make a motion requesting a roll call vote. Such roll call vote shall be taken if the motion receives a second from another Commissioner.
(11) Minutes and record of proceedings. The Secretary or their designee shall maintain minutes of all public Commission meetings. The minutes of each meeting shall be reviewed by the Commission at its subsequent meeting. No minutes shall be considered official until they are approved by a majority vote as provided in division (B)(10) above and signed by all voting Commissioners present. The minutes shall remain on file with the Fire Department.
(12) Orderly conduct required. Every person appearing before the Commission shall abide by the order and direction of the Commission's presiding officer. Discourteous, disorderly, or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the President deems fair and proper.
(13) Parties must appear in person. At disciplinary hearings before the Commission, parties must appear in person (unless otherwise provided by law), but may bring an attorney or representative. However, Commissioners may participate remotely by electronic means to the extent allowed by state law.
(14) Contacting any Commissioner regarding pending matters prohibited. No person, firm, corporation, public employee, or body politic shall contact any Commissioner, nor shall a Commissioner solicit such contact, orally or in writing, in advance of a public hearing or executive session, on a matter then pending for decision by such Commission, for the purpose of attempting to influence any Commissioner’s decision.
(C) Miscellaneous provisions.
(1) Rules of procedure. The most recent edition of Robert's Rules of Order shall govern the conduct of all meetings except to the extent that it conflicts with Indiana law or this chapter.
(2) Suspension of rules. The suspension of any rule of procedure may be ordered at any meeting of the Commission by unanimous vote of those members present.
(3) (a) Conflict of interest. A Commissioner shall not participate in any way, including in the discussion and the vote, in any matter involving a relative that is pending before the Commission. RELATIVE means any of the following:
1. Spouse;
2. Parent or step-parent;
3. Child or step-child;
4. Brother, sister, step-brother or step-sister;
5. Niece or nephew;
6. Aunt or uncle;
7. Daughter-in-law or son-in-law;
8. Cousin; or
9. Sister-in-law or brother-in-law.
(b) An adopted child of an individual is treated as a natural child of the individual. The terms BROTHER and SISTER include a brother or sister by the half blood. If Commissioners have a conflict of interest under this rule, they shall remove themselves physically from the room in which the matter is being discussed and/or voted upon, and similarly shall go off-line if participating in the meeting telephonically or digitally. Prior to removing themself from the discussion and/or vote, the Commissioner shall disclose the conflict of interest for the record. In the case of an undisclosed conflict of interest subsequently discovered regarding a matter, any Commissioner or party to the matter can require by request that the matter be heard and/or voted upon again by the Commission in the absence of the Commissioner with the conflict of interest.
(Ord. G-22-22, passed 12-13-22)