(A) The Commission may appoint and remove members except for a member in an upper-level policymaking position. The Mayor shall appoint and may remove a member in an upper level policymaking position. For the purposes of this division, the term UPPER-LEVEL POLICYMAKING POSITION shall mean the Fire Chief and the two ranks below the Fire Chief. To the extent this is in conflict with any other definition contained in this chapter, this definition shall be controlling. However, with respect to the two ranks below the Fire Chief, members holding those two ranks are subject to the rules governing discipline described herein, with the exception of how disciplinary matters related to members holding these two ranks are processed. Allegations of misconduct filed against members holding those two ranks, unless resolved prior to a hearing, will be reviewed in a hearing by the Commissioners. If the matter is resolved prior to a hearing, the result will be distributed in the same manner as written reprimands, suspensions, or other conclusions of investigations (see § 35.10(C) below). Any finding by each Commissioner shall result only in a written recommendation by each Commissioner separately to the Mayor. Each Commissioner will send their individual recommendation to the Administrative Secretary to the Commission who will then forward the recommendations to the other Commissioners and to the Commission’s attorney. The Administrative Secretary will forward each recommendation along with the record of the proceedings to the Mayor for the Mayor’s consideration and determination. Discipline based on those recommendations shall be at the Mayor’s sole discretion. The Fire Chief will report the Mayor’s determination to the Commission in a regular session. Any allegation of misconduct filed against members holding those two ranks must be based only on actions or omissions alleged to have occurred after the effective date of this chapter.
(B) The removal of a member from an upper level policymaking position is removal from rank only and not from the Department. When the member is removed, the member shall be appointed by the Commission to the merit rank in the Department that the member held at the time of the member’s upper-level appointment. If such a rank is not open, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(Ord. G-22-22, passed 12-13-22)