§ 32.05 QUALIFICATIONS AND APPOINTMENT OF PERSONNEL.
   (A)   Generally. Except as otherwise provided herein, the Governing Authority shall appoint, promote, suspend or remove members of the Department in accordance with these rules and regulations. The Governing Authority, in exercising its discretion thereon, may consider all relevant matters, data and information including the recommendations of the Fire Chief. All probationary firefighters and firefighters appointed to the Department shall meet and maintain current the requirements of Minnesota Statutes for active membership in the Firefighters Relief Association.
   (B)   Age requirements. Persons to be selected for probationary status in accordance with the "Hiring Procedures" Appendix shall be not less than 18 years of age.
   (C)   Response requirements. All firefighters and probationary firefighters shall reside at a location within two miles, enabling arrival at the fire station to which assigned within eight minutes as timed under optimal conditions and while abiding by all applicable speed limits and traffic regulations. These residency parameters shall be addressed in the initial screening process and travel from residence timed to assure performance herewith, before probationary status commences. Failure to comply with the provisions of this division shall be deemed to be a voluntary resignation from the Fire Department. The Governing Authority, by a four-fifths vote may upon written fact finding addressing special circumstances determining, among other things, that undue hardship or hazard will not result to the citizens of the city, waiver the requirements of this division. The "place of residence" shall be where the firefighter or probationary firefighter lives with other members of his or her immediate family, where that person would be entitled to become a registered voter and where that person would be allowed to declare (other eligibility requirements assumed) said place of residence homestead property for real estate tax purposes.
   (D)   Health and physical fitness requirements. Each applicant, preliminary selected following initial screening, before appointment as a probationary firefighter, shall undergo a thorough physical examination by a licensed doctor of medicine approved by the Governing Authority. The doctor shall submit a written report of the applicant's physical condition to the Chief.
      (1)   The report shall, among other things, contain a statement as to whether or not,, in the opinion of the examining physician, there is any evidence of, (but not limited to), myocarditis, coronary sclerosis, or pneumonia or its sequel in the applicant at the time of applicant's examination, and whether or not the applicant is able to perform the duties that firefighters are reasonably expected to perform, consistent with job description of the position to be filled.
      (2)   All probationary firefighters and firefighters may be periodically required to undergo physical examination by a doctor selected by and at the Governing Authority's to assure that minimum health requirements established in Department rules and regulations are met. Failure to meet the established health and physical fitness requirements within a prescribed time period shall be grounds for placement on inactive status until all requirements can be met within a reasonable time (not to exceed a specified time) or, that failing, shall be grounds for dismissal from the Department.
      (3)   Every firefighter shall be required each year to complete a physical examination and fitness testing when and as prescribed by the Department. Such examination and testing, which shall be at Governing Authorities' expense, may vary for each firefighter depending on the firefighter's age, medical history, fitness level and fitness indicators.
      (4)   Summaries or conclusions of any report of any examination referred to above and physical fitness examinations required in divisions (B) and (D)(2) and (3) above shall be retained and permanently kept in the files of the Department. Details of a physical examination including, but not limited to, physician narrative of the examination, laboratory tests, and x-ray interpretation shall be retained by the Department physician. All such information, whether in summary or detail form, shall be classified private personnel data on individuals.
   (E)   Probationary period. The initial appointment by the Governing Authority of any applicant to the Department shall be as a probationary firefighter. Before being considered for appointment as a firefighter, a probationary firefighter, following initial screening, shall actively serve on the Department for 12 months. To initiate the 12-month period, the Chief shall report to the Governing Authority that the, to be, probationary firefighter has completed adequate fire service training so as to enable said probationary firefighter to respond to fire calls.
      (1)   During the probationary period, the probationary firefighter shall receive training and guidance to assist and enable effective adjustment in order to achieve firefighter status. A probationary firefighter must satisfactorily complete the Department's required course of instruction for probationary firefighters during the probationary period.
         (a)   The Chief may waive the required training and/or course of instruction if the Chief is convinced that the applicant has otherwise or elsewhere successfully completed the same or equivalent training or instruction.
         (b)   At any time during the probationary period the Chief may require applicant to begin and successfully complete any portion or all of any such training or instruction previously waived.
      (2)   Each probationary firefighter, after beginning responding to fire calls at three-month intervals during such probationary period, shall undergo an evaluation. Each evaluation shall be discussed with the probationary firefighter and shall include, but not be limited to, an understanding of the work, the quality and quantity thereof, and the probationer's attitude, dependability, initiative, work objectives and progress.
      (3)   If during the probationary period the probationary firefighter is not meeting Department standards for the position, the probationer may be discharged by the Governing Authority at its discretion, with or without prior comment and recommendation of the Chief.
      (4)   Upon the Chief's written report to the Governing Authority that a probationer has successfully completed the probationary period, the Governing Authority may, in its sole discretion, make the appointment to full firefighter status.
   (F)   Minimum requirements for maintaining active status. All firefighters will be required to attend 20% of all fire and first responder calls received during assigned shift per calendar year. This is a modification from the 30% ruling.
(Ord. 333, passed 2-12-96; Am. Ord. 367, passed 2-14-00)