181.29 SPECIAL BENEFITS FOR EMPLOYEES SERVING IN THE CLASSIFIED POSITIONS OF FIRE CHIEF AND ASSISTANT FIRE CHIEF.
   Notwithstanding the provisions set forth in this chapter and in place of existing provisions of this chapter which may be in conflict with the following provisions, the classified employees in the position of Fire Chief and Assistant Fire Chief shall be granted the following special benefits:
   (a)   Overtime: The Fire Chief and Assistant Fire Chief shall not be eligible for overtime.
   (b)   Compensatory Time: The Fire Chief and Assistant Fire Chief shall be eligible only for compensatory time in accordance with the City Manager’s administrative directives which apply to the City’s management personnel.
   (c)   Vacation: Upon written request to the City Manager, the Fire Chief and Assistant Fire Chief may be compensated in lieu of time off for vacation or holiday leave up to a maximum of sixty-four hours. Payment for such compensation shall be made to the employee in the next pay period following approval of such request. The Fire Chief or Assistant Fire Chief may, if he chooses and with supervisory approval, work an eight-hour vacation day or eight-hour holiday to a maximum of forty hours during a calendar year and receive pay in lieu of time off provided supervisory approval is obtained.
      Such work shall be requested in writing to the City Manager, approved by the appropriate supervisor, and be paid to the employees in the next pay period following approval of such request.
   (d)   Uniform Allowance: The Fire Chief and each Deputy Fire Chief shall receive annually the sum of seven hundred dollars ($700.00) for uniform allowance.
   (e)   Uniform Maintenance Allowance: The Fire Chief and Assistant Fire Chief shall also receive an annual uniform maintenance allowance of four hundred twenty-five dollars ($425.00) or thirty-five dollars and forty cents ($35.40) per month. The annual uniform maintenance allowance shall be payable on or about the first payroll period in the month of December of each year.
   (f)   Dry-cleaning: The City shall, by public contract, provide for the dry-cleaning of dress hats and the cleaning and pressing of certain uniform apparel of the Fire Chief and Assistant Fire Chief. Such apparel shall be limited to 480 uniform apparel items per year of dry cleaning. The City shall also provide for the cleaning of bunker gear and the items of such bunker gear shall not count against the aforesaid items of dry cleaning.
   (h)   Disability Pay for Fire Chief and Assistant Fire Chief.
      (1)   Length of time for pay. If the Fire Chief or Assistant Fire Chief is disabled as the result of injuries received in the performance of his/her duties, he/she shall be entitled to receive his/her salary during the continuance of such disability, or during the period of one year, whichever is shorter, subject to the provisions of this subparagraph.
      (2)   Certification. In case the Fire Chief or Assistant Fire Chief is disabled as the result of injuries received in the performance of his or her duties, it shall be the duty of the Director of Public Safety in circumstances involving the Fire Chief, or the Fire Chief in circumstances involving the Assistant Fire Chief, to ascertain the nature and circumstances of the injuries. For this purpose, the Director of Public Safety may cause the injured person to be examined and/or re-examined by a competent physician or surgeon. In the event of such examination or re-examination, such physician or surgeon shall certify to the Director of Public Safety a report of the nature and extent of the disability. The Director of Public Safety, in circumstances involving the Fire Chief, or the Fire Chief, in circumstances involving the Assistant Fire Chief, shall certify to the City Manager a report of the nature and circumstances of the injury. The Director of Public Safety shall transmit copies of such certificates to the Director of Civil Service and the Director of Finance. If the Director of Civil Service or the Director of Finance is not satisfied that the injury or the circumstances in which it was received are such as to entitle the injured person to continue to receive his or her salary he shall within five days from receipt of such certificate or certificates notify the other directors concerned and shall, if he thinks it needful, cause or require other or further examination to be made.
      (3)   Examination by physician. Neither the Fire Chief, nor Assistant Fire Chief, shall be entitled to receive salary or compensation if he or she refuses to permit examination of his or her injuries at any time by a competent physician or surgeon at the direction of the Director of Public Safety, the Director of Civil Service or the Director of Finance; or if, upon the determination as a result of any such examination that he or she is fit either for full, or for partial duty, or for special duty, he or she fails or refuses to report to his or her appointing authority, or to respond to any order that he or she so report. Malingering shall be sufficient ground for discontinuance of salary and for dismissal from the service.
      (4)   Salary and promotion during period of disability. The salary of the Fire Chief and Assistant Fire Chief shall not be increased during and for any period of disability, either partial or entire, during which he or she is paid his or her salary. The Assistant Fire Chief shall be eligible for promotion during periods of disability but shall not be entitled to the promoted rate of pay until he or she actively works in the promoted classification.
         (EOrd. 2019-12-138. Passed 12-11-19.)