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CR 94-10 Approval Of Fire Department Election . December 3D, 1993 Council Report # 94-10 APPROVAL OF FIRE DEPARTMENT ELECTION Proposed Action Staff recommends adoption of the following motion: Move to approve the 1993 Fire De- partment results. Adoption of this motion will provide a conclusion to the election process stipulated in the Fire Department by-laws. Overview Section 13 of the Fire Department By-laws states that the administrators of the Fire De- partment be elected in December by secret ballot. The administrators include the Chief, Secretary, Comptroller, Treasurer and six Trustees. The Chief and Trustees are elected for three year terms. The other administrators are elected for one year terms. The By-laws also state that the election is subject to the approval of the City Council. . The Fire Department election was held on December 2, 1993. Attached you will find a listing of those elected at that election. George Magdal was elected Chief by Fire Department members. He is asking that the City Council approve the election as required by the By-laws. As far as I can tell, this is the first time we have received such a request in recent memory. It would appear that the Council has the authority to disapprove the election and if it did so, the membership would be required to conduct another election and submit those results to the Council. Primary Issues to Consider 0 What criteria should be used for Council consideration? It would seem that unless the Council had a major problem with either the method of the election or with one or more of the individuals elected, this approval is mainly sym- bolic. Since the Fire Department is an independent organization whose task is to pro- tect and serve the citizens of Hopkins, the Council does have a duty to assure the department is operating effectively. The election and selection of officers has a signifi- cant impact on the effectiveness of the department. 0 Is George Magdal qualified to be Fire Chief? George has been with the volunteer fire department for 16 years. The last twelve years he has been the full-time Hopkins Fire Marshal. For ten years prior to that he managed . a medium sized printing company. Having six years experience as a Chief Office and being a graduate of the National Fire Academy's" executive fire officer" program. He has the credentials to be Fire Chief. - ~ e Page 2 Council Report 94-10 0 Will the duties of the Fire Marshal suffer with this responsibility? Staff reviewed this issue prior the election and is now working out a policy to assure that the jobs stay separate and distinct. If problems arise, changes will be made to en- sure the continuity of both the Fire Marshal and Fire Chiefs positions SupportinQ Documentation 0 Election Results 0 By-laws of the Hopkins Fire Department e ~~~>---. Steven C. Mielke, City Manager e . Hopkins Fire Dept. Election of Administrators 12-2-93 The following members were elected to administrative posts in the Hopkins Fire Department on December 2, 1993: 0 Fire Chief, George Magdal 0 Secretary, Mike Petersen 0 Treasurer, Jay Lippert 0 comptroller, Tom Boe 0 Trustee, Tim Little 0 Trustee, Dan Treanor tit e . --- - -..--.. -- - - --- _..,- ~ . , .. By-Laws of the Hopkins Volunteer Fire Department December 19, 1989 Section 1: Regular Business Meetings Section 6: Quorum There shall be a m'onthly meeting of the Hopkins For the conduct of any business at any meeting Of the Volunteer Fire Department on the first Thursday of Department, there shall be a quorum, consisting of at each month, beginning at 7:00 p.m. If such a Thursday least 51 % of the regular members of the Department. is a legal holiday, the meeting will be held on the second Thursday of the month. Section 7: Chair Pro Tern Section 2: Drills In the absence of the Chief and the Assistant Chief at any meeting of the Department, the Chair Pro Tern There shall be a minimum of two drills of the shall be determined in accordance with the chain of Department each month, beginning at 7:00 p.m. One command. drill shall be held on the second Thursday of each month, unless otherwise ordered by the Chief at that month's regular business meeting. Roll calls for all drills shall be taken 30 minutes after the stated Section 8: Standard Operating Procedures . beginning of the drill. A Standard Operating Procedure shall be developed by the Chief for the Department. Such procedure shall be \ updated from time to time as the needs of the Section 3: Special MeetingslDrills Department change. Such procedure shaH be provided to .the members of the Department in the form of Special meetings or drills of the Department may be Rules and Regulations necessary for the efficient called by the Chief, Assistant Chief, A Deputy Chief, operation of the Department. The Standard Operating or any five regular members who submit a request for Procedure shall be prepared no later than six months such a meeting/drill in writing to the Chief. after the adoption of these By.laws and no later than 30 days after the election of subsequent Chiefs. Section 4: Order of Business 1. Meeting called to order. ~ection 9; Disciplinary Action~ 2. Reading of the minutes of previous meeting. Any member of the Department who violates 3. Proposal of and balloting for membership. prmlsions of the Constitution, By-13\vs, Rules and 4. Bills and communications. Regulations, or Standard Operating Procedures 5. Collections of fines and hearing of excuses. adopted by the Department may be subject to the 6. Report of Committees. following penalties at the discretion of the Chief: [lJ 7. Unl1nished Business. verbal reprimand; [2] suspension for any time period 8. New Business. up to 90 days; [3] suspension until a regular business 9. Roll Call. meeting \\1th a recommendation to the membership to 10. Adjournment. expel the member from the Department and to suspend all benefits. Section 5: Roberts Rules of Order . Unless othcrv.-isc provided in the By-laws, Robert's Rules of Order shall govern all meetings of the Department. A copy of Robert's Rules shall be kept on file in the fire stJtion. , By-la\vs December 19, 1989 Page 2 Section 10: Qualifications for Membership Section 13: Administrators and Elections e To be considered for membership in the Hopkins Fire The administrators of the Department shall be Department, an applicant shall possess the minimum Regular Members and shall be composed of a Chief, physical and mental requirements as determined from Secretary, Comptroller, Treasurer, and SLX Trustees, all time to time by the Department and set forth in of whom (with the exception of the Chief and writing. The physical requirements shall be based on Trustees) shall be elected annually at the regular NFP A standard 1001 . Professional Qualifications for meeting of the Department in December by secret Firefighters. ballot. Such election shall be subject to the approval by The appliC3nt shall submit a v.Titten report of a the City Council. medical evaluation by a physician on a form that is The Chief shall be elected to a three year term. TIle provided by the Department. The applicant shall Trustees shall be elected for a three year term in such a provide other information as required by the manner that four are retained and two are elected each Department, also on a form supplied by the year. The Trustees are to elect their own Chair. Said Department. elected administrators are to take office on the first Additionally, the applicant shall have reached 18 years regular meeting in January following their election. All members meeting the basic qualifications as of age an possess a valid Minnesota Driver's License. established by the Department for officers and having The applicant shall be able to respond to the fire obtained three years membership are eligible for station by motor vehide from their domicile within 8 election as ChieL Nominations for all administrators minutes of the initial alarm under normal driving with expiring terms will be made at the November conditions obeying all traffic laws. business meeting. Members eligible to vote in the election but who will not be present at the December meeting, may cast absentee ballot with the Secretal)'. The absentee ballot will consist of the names placed in Section 11: Application Action for Membership nomination at the November meeting. An absentee Upon applicant's submission of the necessary forms to ballot will not be available for any run.off election in the event of a tie vote. the Department, it shall be announced to the . ,membership at the next regular meeting. An investigation shall be made by the Investigation Committee, which shall be appointed by the Chief. If Section 14: Leave of Absence and Withdrawals the applicant successfully completes a background \ investigation, a physical agility test, he/she will be Any member of the Department, who for any reason is eligible for probationary training. The applicant shall required to be out of the area and unavailable for then be a regular member (probationary). service, may request a leave of absence for a period, or periods, the total of which shall not exceed 90 days in any 12 month period. Any member on good standing may apply for and receive an honorable discharge from Section 12: Eligibility for Regular Membership the Department, whereupon the member's name shaH be recorded and inscribed upon the Roll under such A regular member (probationary) shall be eligible to category. become a regular member on successful completion of the Department's basic training curriculum in a specified period of time, as established in writing, in the Rules and Regulations. Section 15: Death, Resignation, or Removal of Chief Upon completion of the basic training program and Any vacancy in the office of Chief resulting from death, completion of the 12 month probationary period and a resignation, or removal shall be filled by the Assistant minimum level of first aid training as required by the Chief until the second regular business meeting of the Department, the member's name shall be submitted to Department following such event, at which time the the regular members for consideration as a regular office shall be filled by nomination and election for the member. All regular members eligible to vote shall cast unexpired term. a secret ballot at a regular busi.ness meeting to determine if the candidate shall become a regular member. . ( , I . , By-laws December 19, 1989 Page 3 Section 16: Attendance at MeetingslDrills Section 19: Intoxication by alcohol or controlled '. substances All members (regular and probationary) shall attend all regular and special meetings, as well as drills. Any member of the Department who shall, while on Failure to attend two consecutive regular business duty or in uniform, consume alcoholic beverages or use meetings or 15 drills during any calendar year, without controlled substances, be in possession of controlled excuse, shall result in disciplinary action by the Chief. substances, or be under the influence of alcohol or An excuse from attendance at regular business controlled substances, may be immediately suspended meetings or drills may be obtained for illness of the from duty by any officer or person in command, and member, illness or death in member's immediate shall, therefore, be counted as absent in the roll caU. family. or inability to attend due to the nature of th~ member's job. U the absence is due to the nature. of a member's Section 20: Removal of Administrators employment, a written excuse from the member's supervisor is required no later than the next regularly Administrators of the Department shall be held scheduled business meeting. If a member's regular accountable to the Department for the faithful employment requires emergency ~r unscheduled discharge of their respective duties. Any such working hours, the member may submit a retroactive administrator may be removed from office for Gl.use by wTitten excuse signed by the member's supervisor not a two-thirds vote of all members present voting in later than the next regularly scheduled business favor of such removal at a regular meeting. Notice of meeting. Any' member however, may elect three such vote shall first be communicated in writing by unexcused absences as vacation, starting January first certified mail to any such administrator prior to the of each year and not to be carried over from year to meeting. year. Each member with an unexcused absence from a drill or a business meeting shall be required to pay a fine to the Department. The amount shall be determined from time to time by the Department to be Section 21: Removal of Regular Members deducted from the member's pay. ........ ..........., Regular members shall be held accountable to the '. Department for the faithful discharge of their respective duties. Any such regular member may be Section 17: Medical Leave \ removed from the Department for cause by a two- thirds vote of all regular members present voting in . Any regular and probationary member unable to fulfill favor of such removal at any regular meeting..Notic~f duties as a firefighter or officer of the Department due the vote shall first be communicated in writin to sickness of injury shall be required to submit to the certified mail to any sue regu ar. mem er pnor to t~ Department a certified report from his!her physician. ~etIn~ Such report shall state when the person will be able to resume duty with the Department The member may , be required to submit to examination by a physician selected and employed by the Deparlment The results Section 22: Duties During Alarm of such examination will be submitted to the Trustees for study and recommendation to the Department. Upon every alarm, all regular and probationary members shall immediately report to the fire station. When a minimum of two medically qualified members are present for a rescue call or three regular members Section 18: Insubordination are present for a fire call, the apparatus may proceed to the scene. Any member of the Department who shall, while on duty, willfully fail or neglect to obey any order of any officer or person in command, or is guilty of any insubordination or misconduct, may be immediately Section 23: Excuses for Missing Alarm suspended from duty by any officer or person in A regular member of the Department shall be excused command. The suspended member shall be counted as absent from the roll call. The omcer or person in from responding to an alarm for illness of such command shall document in writing the details of the member, illness of or deatQ in the member's immediate situation, actions taken, and justifkation for actions family, or in3bility to respond due to the nature of the taken. Such report shall be submitted to the Chief for member's job at the time of the alarm. Failure to .. further action. The member shall remain suspended respond to an alarm due to unusual circumstances until such time as the Chief may review the case and related to a member's job will be evaluated on an decide on any further action, if any, within seven (7) individual basis. days of incident. . By-laws December 19, 1989 Page 4 Section 24: Excuses to Leave Duty After Alarm . Section 29: Grievance Committee . No member having reported to the fire station after an - alarm shall leave duty as a firefighter or officer unless The Grievance Committee, which shall consist of the excused by the officer in charge at the emergency call. six members of the Board of Trustees, shall act as an Members may be excused after the apparatus has investigating and advisory committee to the Chief in arrived at the scene and the crew has requested no the event any complaints are registered in "'Tiling further assistance. Exception: Mutual Aid Call - against any member of the Department by member or members may be excused when the apparatus arrives at citizen. Final decision as to the disciplinary action of the scene. any kind shall by made by the Chief and shall be in accordance with the By-laws of the Department. Section 25: Attendance at Alarms -- ~ ~~ - Section 30: State Conventions All regular and probationary members shall respond to a minimum of 25% of all general alarm fire calls. The names of the first four regular members in line ~Jr Members shall respond to 100% of his!her select call attendance at the State Fire Department Association assignments. Evaluations of the member's attendance convention shall be posted in the fire station 30 days shall be made quarterly by the comptroller. prior to the February business meeting. In the event Attendance records shall be posted in the fire station the four members \"hose names are posted are unable quarterly, and the controller shall also furnish copies to attend the convention, substitutes will be chosen of the report to the chief officers. The officers will from the regular members present at the Februarj review the report at the next officer's meeting and take business meeting. appropriate action. Members who have not made their percentage of calls will have untit the end of the next quarter to meet this requirement. Failure to meet this attendance requirement during the calendar year may Section 31: Stewards and Custodians result in one year's attendance probation. Failure to meet the attendance requirements during the second Stewards and custodians shall be appointed by the calendar year may result in dismissal from the Chief at the first regular meeting of each year. 1l1e . Department for failure to attend the minimum number Chief shall detail the duties of the stewards' and of calls. custodians in writing. Section 26: Roll call - Hopkins Alarm Section 32: Amendments Roll caB shall be taken after each fire alarm These By-laws may be amended as follows: The immediately after the apparatus is properly ser.,riced, proposed amendment shall be submitted to the housed, and ready for another <;all. Members will Department at any regular 'meeting, in \Hitir_g, receive credit for answering the call up to 30 minutes whereupon such amendment shall be referred to the after the first alarm was received, whichever time is Trustees for study. The trustees shall report at the later. Members \vill receive credit for answering next regular meeting of the Department following sUI;h emergency medical calls up to 15 minutes after alarm introduction, and such amendment, upon being was received. regularly moved and seconded for adoption, shall be adopted upon a two-thirds vote of the regular members of the Department then present and voting. Section 27: Roll Call- Mutual Aid There shall be two readings of any propos,~d amendment to the By-laws. The second reading shall Members may receive credit for a mutua] aid alarm up be a minimum of two weeks after the first readir:g. to 30 minutes after such alarm is received. Should amendment pass, it shall take effect immediately after the second reading. Any amendment changes will be entered in t:1C Section 28: Uniforms minutes and copies issued by the Secretary to all members at the next regular business meeting. Uniforms shall be provided for all regular members of the Department. The style and number of uniforms . sh3.11 be determined by the Department.