(A) The Commission may appoint and remove members of the Department, except for those positions identified in §§ 3-1-3-2(A) through (D) of this code. The Mayor shall appoint and may remove a member in an upper level policymaking position, and the Fire Chief shall appoint the other chief officers.
(B) The Chief of the Department shall be selected from the members of the Department and must have at least five years’ service in the Department before the appointment. These requirements may be waived by a majority vote of the Common Council upon request of the Mayor. However, the Chief must still have at least five years’ service in a full-time, paid fire department or agency.
(C) The removal of a member from an upper level policymaking or chief officer 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 rank in the Department which he or she held at the time of appointment to the upper level policymaking position or chief officer position or to any other rank to which he or she has been promoted during his or her tenure in the upper level policymaking position or chief officer position. If the rank is not open in either case, the member is entitled to the pay of that rank and shall be promoted to that rank as soon as an opening is available.
(Am. Ord. 13, 2004, passed 8-11-2004)