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There shall be a Police Department, which shall be composed of the Chief of Police and such other officers, policemen and deputies as may from time to time be provided by ordinance of the Council, and a Fire Department, which shall be composed of the Chief of the Fire Department and such other officers and firemen, on a full or part-time basis, as may from time to time be provided by ordinance of the Council.
(b) CHIEFS; APPOINTMENT; VACANCY.
The Chief of Police and the Chief of the Fire Department shall be appointed by the Mayor from the ranks of the respective departments, in the manner hereinafter provided. When either office shall for any reason become vacant a suitable examination shall be given by and under the direction of the Civil Service Commission, to such members of the department who have obtained the rank of sergeant or higher, and desire to be considered therefor. The Mayor shall make the appointment from among the two persons receiving the highest grade on the examination and certified as such by the Civil Service Commission. Such appointment to be subject to confirmation by the majority vote of the members elected to Council. Such appointee shall serve during good behavior, as is hereafter provided.
(c) CHIEFS; REMOVAL.
The Council may remove the Chief of Police or the Chief of the Fire Department for gross misconduct or malfeasance, misfeasance, or nonfeasance in or disqualification for office or conviction while in office of a crime involving moral turpitude; provided, however, that such removal shall not take place without the concurrence of two-thirds (2/3) of the members elected to Council. In addition thereto, the Council may remove the Chief of Police or the Chief of the Fire Department from office for any cause deemed by it sufficient upon the concurrence of three-fourths (3/4) of the members elected to Council. In the event removal of the Chief of Police or the Chief of the Fire Department is sought for any cause, such official shall be notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge and he or she or his or her counsel shall be given an opportunity to be heard, present evidence and examine any witnesses appearing in support of such charge. The resolution removing such official shall set forth in full reasons therefor. (11-4-97)
(d) EXISTING CHIEFS.
The persons holding the offices of Chief of Police and Chief of the Fire Department at the time of the taking effect of this Charter shall not be required to be reappointed hereunder, but shall continue to hold such offices, subject to all provisions and terms herein: but further provided, that until such time as the Council shall by ordinance provide and establish a Fire Department having a full-time Chief, the Chief of the Fire Department shall be appointed by the Mayor with the concurrence of a majority of the members elected to Council and may be removed by the Mayor at any time for any cause with the concurrence of two-thirds (2/3) of the members elected to Council.
(e) APPOINTMENTS, FULL-TIME, FIRE DEPARTMENT.
When the Council, pursuant to paragraph (a) of this Article, establishes one or more full-time positions in the Fire Department, original appointments to such full-time positions as are initially established by the Council and to any additional full-time positions created within 730 days following the establishment of the initial full-time positions together with appointment to any vacancy occurring in any such position occurring within 730 days following the establishment of the initial full-time positions, shall be made pursuant to competitive Civil Service examinations among the then members of the Volunteer Fire Department of the Municipality without limitation as to the age of the applicant; except that the first original appointments to full-time positions shall be appointments to the full-time positions of Chief and subordinate officers and during such 730 day period appointments to the positions of Chief and subordinate officers shall be made directly by majority vote of the members of Council from among the then members of the Volunteer Fire Department without competitive examination and without limitation as to the age of the appointee. Such examinations shall be administered and graded in the manner provided in Article XI of this Charter. The eligibility list resulting from the examinations shall remain in force until all applicants receiving a passing grade have received or declined appointments or until the expiration of said 730 days, whichever occurs first.
If the eligibility list resulting from examinations under this paragraph (e) is exhausted prior to the expiration of said 730 days, a subsequent eligibility list may be established in the manner provided for the original eligibility list. If no eligibility list results from examinations given pursuant to this paragraph, then such appointments in the Fire Department shall be made pursuant to Article XI. Following the expiration of said 730 days, appointments to full-time positions shall be made pursuant to Article XI.
Appointments to full-time positions in the Fire Department shall be original appointments and shall not be considered promotions from Volunteer Fireman. To the extent possible, officers of the Fire Department shall be full-time firemen.
(f) APPOINTMENTS; PAID CALL FIREFIGHTER.
Appointments to the position of Paid Call Firefighter shall be made in the manner prescribed by ordinance of Council, and shall not be subject to Civil Service.