§ 37.02  FIRE CHIEF.
   (A)   Establishment of office. There is hereby created the Office of Fire Chief, an executive office of the city. The Fire Chief shall be appointed by the Board of Fire and Police Commissioners for a term of office not to exceed three years (subject to renewal as otherwise provided in this code), and which term, shall in any event, terminate on the last day of the fiscal year of the city, of the final year of the appointment. When a vacancy occurs in the position of Fire Chief, the position shall be advertised/posted state wide.
   (B)   Duties and powers.  The Fire Chief shall be the head of the Fire Department and shall be responsible for the care of the apparatus belonging thereto and the performance of the duties and powers thereof by the members of the Department. The Fire Chief shall have further duties and powers as from time to time prescribed by ordinance or by the City Council.
   (C)   Records and reports.  The Fire Chief shall keep the record and make reports regarding the activities of the Fire Department and its members as may be required by the Mayor, the City Council or the Board of Fire and Police Commissioners, whether by ordinance or otherwise.
   (D)   Notice of renewal/nonrenewal of term of office. The Board of Fire and Police Commissioners shall, not less than four months prior to the expiration of the term of office of the Fire Chief, give notice to the Chief and the City Council of its (Board's) decision to either renew or not renew said appointment. If the Board fails either to make or give notice of a decision to renew or not renew said appointment, by said four-month deadline, the City Council shall, on or before 30 days before the expiration of their term, elect to give notice of renewal or nonrenewal of the appointment.
   (E)   Tenure. If a member of the Fire Department is appointed Fire Chief, he shall be considered as on furlough from the rank held immediately prior to his appointment as Fire Chief. If he resigns or is not re-appointed as Fire Chief, or is removed from the position of Fire Chief but does not resign or is not discharged from the Fire Service, he shall revert to and be established in such prior rank, and thereafter be entitled to all the benefits and emoluments of such prior rank, without regard to whether a vacancy exists in such rank.
   (F)   Eligibility to test for rank advancement. The Chief of the Fire Department, having been appointed from among members of the Fire Department, shall be permitted, regardless of rank, to take promotional exams and be promoted to a higher classified rank than he currently holds, without having to resign as chief of the Fire Department.
(1980 Code, § 8.002)  (Ord. 9309, passed 6-26-2017)